TITLE II

LEGAL SEPARATION
Art. 55. A petition for legal separation may be filed on any of the folloing
gro!nds"
#$% Repeated physi&al 'iolen&e or grossly ab!si'e &ond!&t dire&ted
against the petitioner( a &ommon &hild( or a &hild of the petitioner)
#*% Physi&al 'iolen&e or moral press!re to &ompel the petitioner to
&hange religio!s or politi&al affiliation)
#+% Attempt of respondent to &orr!pt or ind!&e the petitioner( a
&ommon &hild( or a &hild of the petitioner( to engage in prostit!tion( or
&onni'an&e in s!&h &orr!ption or ind!&ement)
#,% -inal .!dgment senten&ing the respondent to imprisonment of
more than si/ years( e'en if pardoned)
#5% 0r!g addi&tion or habit!al al&oholism of the respondent)
#1% Lesbianism or homose/!ality of the respondent)
#2% 3ontra&ting by the respondent of a s!bse4!ent bigamo!s
marriage( hether in the Philippines or abroad)
#5% Se/!al infidelity or per'ersion)
#6% Attempt by the respondent against the life of the petitioner) or
#$7% Abandonment of petitioner by respondent itho!t .!stifiable
&a!se for more than one year.
-or p!rposes of this Arti&le( the term "child" shall in&l!de a &hild by nat!re or
by adoption. #6a%
Art. 51. The petition for legal separation shall be denied on any of the
folloing gro!nds"
#$% 8here the aggrie'ed party has &ondoned the offense or a&t
&omplained of)
#*% 8here the aggrie'ed party has &onsented to the &ommission of the
offense or a&t &omplained of)
#+% 8here there is &onni'an&e beteen the parties in the &ommission
of the offense or a&t &onstit!ting the gro!nd for legal separation)
#,% 8here both parties ha'e gi'en gro!nd for legal separation)
#5% 8here there is &oll!sion beteen the parties to obtain de&ree of
legal separation) or
#1% 8here the a&tion is barred by pres&ription. #$77a%
Art. 52. An a&tion for legal separation shall be filed ithin fi'e years from the
time of the o&&!rren&e of the &a!se. #$7*%
Art. 55. An a&tion for legal separation shall in no &ase be tried before si/
months shall ha'e elapsed sin&e the filing of the petition. #$7+%
Art. 56. No legal separation may be de&reed !nless the 3o!rt has ta9en
steps toard the re&on&iliation of the spo!ses and is f!lly satisfied( despite
s!&h efforts( that re&on&iliation is highly improbable. #n%
Art. 17. No de&ree of legal separation shall be based !pon a stip!lation of
fa&ts or a &onfession of .!dgment.
In any &ase( the 3o!rt shall order the prose&!ting attorney or fis&al assigned
to it to ta9e steps to pre'ent &oll!sion beteen the parties and to ta9e &are
that the e'iden&e is not fabri&ated or s!ppressed. #$7$a%
Art. 1$. After the filing of the petition for legal separation( the spo!ses shall
be entitled to li'e separately from ea&h other.
The &o!rt( in the absen&e of a ritten agreement beteen the spo!ses( shall
designate either of them or a third person to administer the absol!te
&omm!nity or &on.!gal partnership property. The administrator appointed by
the &o!rt shall ha'e the same poers and d!ties as those of a g!ardian
!nder the R!les of 3o!rt. #$7,a%
Art. 1*. 0!ring the penden&y of the a&tion for legal separation( the
pro'isions of Arti&le ,6 shall li9eise apply to the s!pport of the spo!ses and
the &!stody and s!pport of the &ommon &hildren. #$75a%
Art. 1+. The de&ree of legal separation shall ha'e the folloing effe&ts"
#$% The spo!ses shall be entitled to li'e separately from ea&h other(
b!t the marriage bonds shall not be se'ered)
#*% The absol!te &omm!nity or the &on.!gal partnership shall be
dissol'ed and li4!idated b!t the offending spo!se shall ha'e no right
to any share of the net profits earned by the absol!te &omm!nity or
the &on.!gal partnership( hi&h shall be forfeited in a&&ordan&e ith
the pro'isions of Arti&le ,+#*%)
#+% The &!stody of the minor &hildren shall be aarded to the inno&ent
spo!se( s!b.e&t to the pro'isions of Arti&le *$+ of this 3ode) and
#,% The offending spo!se shall be dis4!alified from inheriting from the
inno&ent spo!se by intestate s!&&ession. :oreo'er( pro'isions in fa'or
of the offending spo!se made in the ill of the inno&ent spo!se shall
be re'o9ed by operation of la. #$71a%
Art. 1,. After the finality of the de&ree of legal separation( the inno&ent
spo!se may re'o9e the donations made by him or by her in fa'or of the
offending spo!se( as ell as the designation of the latter as benefi&iary in
any ins!ran&e poli&y( e'en if s!&h designation be stip!lated as irre'o&able.
The re'o&ation of the donations shall be re&orded in the registries of
property in the pla&es here the properties are lo&ated. Alienations( liens
and en&!mbran&es registered in good faith before the re&ording of the
&omplaint for re'o&ation in the registries of property shall be respe&ted. The
re'o&ation of or &hange in the designation of the ins!ran&e benefi&iary shall
ta9e effe&t !pon ritten notifi&ation thereof to the ins!red.
The a&tion to re'o9e the donation !nder this Arti&le m!st be bro!ght ithin
fi'e years from the time the de&ree of legal separation be&ome final. #$72a%
Art. 15. If the spo!ses sho!ld re&on&ile( a &orresponding .oint manifestation
!nder oath d!ly signed by them shall be filed ith the &o!rt in the same
pro&eeding for legal separation. #n%
Art. 11. The re&on&iliation referred to in the pre&eding Arti&les shall ha'e the
folloing &onse4!en&es"
#$% The legal separation pro&eedings( if still pending( shall thereby be
terminated at hate'er stage) and
#*% The final de&ree of legal separation shall be set aside( b!t the
separation of property and any forfeit!re of the share of the g!ilty
spo!se already effe&ted shall s!bsist( !nless the spo!ses agree to
re'i'e their former property regime.
The &o!rt;s order &ontaining the foregoing shall be re&orded in the proper
&i'il registries. #$75a%
Art. 12. The agreement to re'i'e the former property regime referred to in
the pre&eding Arti&le shall be e/e&!ted !nder oath and shall spe&ify"
#$% The properties to be &ontrib!ted ane to the restored regime)
#*% Those to be retained as separated properties of ea&h spo!se) and
#+% The names of all their 9non &reditors( their addresses and the
amo!nts oing to ea&h.
The agreement of re'i'al and the motion for its appro'al shall be filed ith
the &o!rt in the same pro&eeding for legal separation( ith &opies of both
f!rnished to the &reditors named therein. After d!e hearing( the &o!rt shall(
in its order( ta9e meas!re to prote&t the interest of &reditors and s!&h order
shall be re&orded in the proper registries of properties.
The re&ording of the ordering in the registries of property shall not pre.!di&e
any &reditor not listed or not notified( !nless the debtor<spo!se has s!ffi&ient
separate properties to satisfy the &reditor;s &laim. #$65a( $75a%

TITLE III
RIG=TS AN0 O>LIGATIONS >ET8EEN =?S>AN0 AN0 8I-E
Art. 15. The h!sband and ife are obliged to li'e together( obser'e m!t!al
lo'e( respe&t and fidelity( and render m!t!al help and s!pport. #$76a%
Art. 16. The h!sband and ife shall fi/ the family domi&ile. In &ase of
disagreement( the &o!rt shall de&ide.
The &o!rt may e/empt one spo!se from li'ing ith the other if the latter
sho!ld li'e abroad or there are other 'alid and &ompelling reasons for the
e/emption. =oe'er( s!&h e/emption shall not apply if the same is not
&ompatible ith the solidarity of the family. #$$7a%
Art. 27. The spo!ses are .ointly responsible for the s!pport of the family.
The e/penses for s!&h s!pport and other &on.!gal obligations shall be paid
from the &omm!nity property and( in the absen&e thereof( from the in&ome
or fr!its of their separate properties. In &ase of ins!ffi&ien&y or absen&e of
said in&ome or fr!its( s!&h obligations shall be satisfied from the separate
properties. #$$$a%
Art. 2$. The management of the ho!sehold shall be the right and the d!ty of
both spo!ses. The e/penses for s!&h management shall be paid in
a&&ordan&e ith the pro'isions of Arti&le 27. #$$5a%
Art. 2*. 8hen one of the spo!ses negle&ts his or her d!ties to the &on.!gal
!nion or &ommits a&ts hi&h tend to bring danger( dishonor or in.!ry to the
other or to the family( the aggrie'ed party may apply to the &o!rt for relief.
#$$1a%
Art. 2+. Either spo!se may e/er&ise any legitimate profession( o&&!pation(
b!siness or a&ti'ity itho!t the &onsent of the other. The latter may ob.e&t
only on 'alid( serio!s( and moral gro!nds.
In &ase of disagreement( the &o!rt shall de&ide hether or not"
#$% The ob.e&tion is proper) and
#*% >enefit has o&&!rred to the family prior to the ob.e&tion or
thereafter. If the benefit a&&r!ed prior to the ob.e&tion( the res!lting
obligation shall be enfor&ed against the separate property of the
spo!se ho has not obtained &onsent.
The foregoing pro'isions shall not pre.!di&e the rights of &reditors ho a&ted
in good faith. #$$2a%

TITLE I@
PROPERTA RELATIONS >ET8EEN =?S>AN0 AN0 8I-E
3hapter $. General Pro'isions
Art. 2,. The property relationship beteen h!sband and ife shall be
go'erned in the folloing order"
#$% >y marriage settlements e/e&!ted before the marriage)
#*% >y the pro'isions of this 3ode) and
#+% >y the lo&al &!stom. #$$5%
Art. 25. The f!t!re spo!ses may( in the marriage settlements( agree !pon
the regime of absol!te &omm!nity( &on.!gal partnership of gains( &omplete
separation of property( or any other regime. In the absen&e of a marriage
settlement( or hen the regime agreed !pon is 'oid( the system of absol!te
&omm!nity of property as established in this 3ode shall go'ern. #$$6a%
Art. 21. In order that any modifi&ation in the marriage settlements may be
'alid( it m!st be made before the &elebration of the marriage( s!b.e&t to the
pro'isions of Arti&les 11( 12( $*5( $+5 and $+1. #$*$%
Art. 22. The marriage settlements and any modifi&ation thereof shall be in
riting( signed by the parties and e/e&!ted before the &elebration of the
marriage. They shall not pre.!di&e third persons !nless they are registered
in the lo&al &i'il registry here the marriage &ontra&t is re&orded as ell as
in the proper registries of properties. #$**a%
Art. 25. A minor ho a&&ording to la may &ontra&t marriage may also
e/e&!te his or her marriage settlements( b!t they shall be 'alid only if the
persons designated in Arti&le $, to gi'e &onsent to the marriage are made
parties to the agreement( s!b.e&t to the pro'isions of Title IB of this 3ode.
#$*7a%
Art. 26. -or the 'alidity of any marriage settlement e/e&!ted by a person
!pon hom a senten&e of &i'il interdi&tion has been prono!n&ed or ho is
s!b.e&t to any other disability( it shall be indispensable for the g!ardian
appointed by a &ompetent &o!rt to be made a party thereto. #$*+a%
Art. 57. In the absen&e of a &ontrary stip!lation in a marriage settlement(
the property relations of the spo!ses shall be go'erned by Philippine las(
regardless of the pla&e of the &elebration of the marriage and their
residen&e.
This r!le shall not apply"
#$% 8here both spo!ses are aliens)
#*% 8ith respe&t to the e/trinsi& 'alidity of &ontra&ts affe&ting property
not sit!ated in the Philippines and e/e&!ted in the &o!ntry here the
property is lo&ated) and
#+% 8ith respe&t to the e/trinsi& 'alidity of &ontra&ts entered into in
the Philippines b!t affe&ting property sit!ated in a foreign &o!ntry
hose las re4!ire different formalities for its e/trinsi& 'alidity. #$*,a%
Art. 5$. E'erything stip!lated in the settlements or &ontra&ts referred to in
the pre&eding arti&les in &onsideration of a f!t!re marriage( in&l!ding
donations beteen the prospe&ti'e spo!ses made therein( shall be rendered
'oid if the marriage does not ta9e pla&e. =oe'er( stip!lations that do not
depend !pon the &elebration of the marriages shall be 'alid. #$*5a%

3hapter *. 0onations by Reason of :arriage
Art. 5*. 0onations by reason of marriage are those hi&h are made before
its &elebration( in &onsideration of the same( and in fa'or of one or both of
the f!t!re spo!ses. #$*1%
Art. 5+. These donations are go'erned by the r!les on ordinary donations
established in Title III of >oo9 III of the 3i'il 3ode( insofar as they are not
modified by the folloing arti&les. #$*2a%
Art. 5,. If the f!t!re spo!ses agree !pon a regime other than the absol!te
&omm!nity of property( they &annot donate to ea&h other in their marriage
settlements more than one<fifth of their present property. Any e/&ess shall
be &onsidered 'oid.
0onations of f!t!re property shall be go'erned by the pro'isions on
testamentary s!&&ession and the formalities of ills. #$+7a%
Art. 55. 0onations by reason of marriage of property s!b.e&t to
en&!mbran&es shall be 'alid. In &ase of fore&los!re of the en&!mbran&e and
the property is sold for less than the total amo!nt of the obligation se&!red(
the donee shall not be liable for the defi&ien&y. If the property is sold for
more than the total amo!nt of said obligation( the donee shall be entitled to
the e/&ess. #$+$a%
Art. 51. A donation by reason of marriage may be re'o9ed by the donor in
the folloing &ases"
#$% If the marriage is not &elebrated or .!di&ially de&lared 'oid ab initio
e/&ept donations made in the marriage settlements( hi&h shall be
go'erned by Arti&le 5$)
#*% 8hen the marriage ta9es pla&e itho!t the &onsent of the parents
or g!ardian( as re4!ired by la)
#+% 8hen the marriage is ann!lled( and the donee a&ted in bad faith)
#,% ?pon legal separation( the donee being the g!ilty spo!se)
#5% If it is ith a resol!tory &ondition and the &ondition is &omplied
ith)
#1% 8hen the donee has &ommitted an a&t of ingratit!de as spe&ified
by the pro'isions of the 3i'il 3ode on donations in general. #$+*a%
Art. 52. E'ery donation or grant of grat!ito!s ad'antage( dire&t or indire&t(
beteen the spo!ses d!ring the marriage shall be 'oid( e/&ept moderate
gifts hi&h the spo!ses may gi'e ea&h other on the o&&asion of any family
re.oi&ing. The prohibition shall also apply to persons li'ing together as
h!sband and ife itho!t a 'alid marriage. #$++a%

3hapter +. System of Absol!te 3omm!nity
Se&tion $. General Pro'isions
Art. 55. The absol!te &omm!nity of property beteen spo!ses shall
&ommen&e at the pre&ise moment that the marriage is &elebrated. Any
stip!lation( e/press or implied( for the &ommen&ement of the &omm!nity
regime at any other time shall be 'oid. #$,5a%
Art. 56. No ai'er of rights( shares and effe&ts of the absol!te &omm!nity of
property d!ring the marriage &an be made e/&ept in &ase of .!di&ial
separation of property.
8hen the ai'er ta9es pla&e !pon a .!di&ial separation of property( or after
the marriage has been dissol'ed or ann!lled( the same shall appear in a
p!bli& instr!ment and shall be re&orded as pro'ided in Arti&le 22. The
&reditors of the spo!se ho made s!&h ai'er may petition the &o!rt to
res&ind the ai'er to the e/tent of the amo!nt s!ffi&ient to &o'er the
amo!nt of their &redits. #$,1a%
Art. 67. The pro'isions on &o<onership shall apply to the absol!te
&omm!nity of property beteen the spo!ses in all matters not pro'ided for
in this 3hapter. #n%

Se&tion *. 8hat 3onstit!tes 3omm!nity Property
Art. 6$. ?nless otherise pro'ided in this 3hapter or in the marriage
settlements( the &omm!nity property shall &onsist of all the property oned
by the spo!ses at the time of the &elebration of the marriage or a&4!ired
thereafter. #$62a%
Art. 6*. The folloing shall be e/&l!ded from the &omm!nity property"
#$% Property a&4!ired d!ring the marriage by grat!ito!s title by either
spo!se( and the fr!its as ell as the in&ome thereof( if any( !nless it is
e/pressly pro'ided by the donor( testator or grantor that they shall
form part of the &omm!nity property)
#*% Property for personal and e/&l!si'e !se of either spo!se. =oe'er(
.eelry shall form part of the &omm!nity property)
#+% Property a&4!ired before the marriage by either spo!se ho has
legitimate des&endants by a former marriage( and the fr!its as ell as
the in&ome( if any( of s!&h property. #*7$a%
Art. 6+. Property a&4!ired d!ring the marriage is pres!med to belong to the
&omm!nity( !nless it is pro'ed that it is one of those e/&l!ded therefrom.
#$17% &han robles 'irt!al la library

Se&tion +. 3harges and Obligations of the Absol!te 3omm!nity
Art. 6,. The absol!te &omm!nity of property shall be liable for"
#$% The s!pport of the spo!ses( their &ommon &hildren( and legitimate
&hildren of either spo!se) hoe'er( the s!pport of illegitimate &hildren
shall be go'erned by the pro'isions of this 3ode on S!pport)
#*% All debts and obligations &ontra&ted d!ring the marriage by the
designated administrator<spo!se for the benefit of the &omm!nity( or
by both spo!ses( or by one spo!se ith the &onsent of the other)
#+% 0ebts and obligations &ontra&ted by either spo!se itho!t the
&onsent of the other to the e/tent that the family may ha'e been
benefited)
#,% All ta/es( liens( &harges and e/penses( in&l!ding ma.or or minor
repairs( !pon the &omm!nity property)
#5% All ta/es and e/penses for mere preser'ation made d!ring
marriage !pon the separate property of either spo!se !sed by the
family)
#1% E/penses to enable either spo!se to &ommen&e or &omplete a
professional or 'o&ational &o!rse( or other a&ti'ity for self<
impro'ement)
#2% Ante<n!ptial debts of either spo!se insofar as they ha'e redo!nded
to the benefit of the family)
#5% The 'al!e of hat is donated or promised by both spo!ses in fa'or
of their &ommon legitimate &hildren for the e/&l!si'e p!rpose of
&ommen&ing or &ompleting a professional or 'o&ational &o!rse or other
a&ti'ity for self<impro'ement)
#6% Ante<n!ptial debts of either spo!se other than those falling !nder
paragraph #2% of this Arti&le( the s!pport of illegitimate &hildren of
either spo!se( and liabilities in&!rred by either spo!se by reason of a
&rime or a 4!asi<deli&t( in &ase of absen&e or ins!ffi&ien&y of the
e/&l!si'e property of the debtor<spo!se( the payment of hi&h shall be
&onsidered as ad'an&es to be ded!&ted from the share of the debtor<
spo!se !pon li4!idation of the &omm!nity) and
#$7% E/penses of litigation beteen the spo!ses !nless the s!it is
fo!nd to be gro!ndless.
If the &omm!nity property is ins!ffi&ient to &o'er the foregoing liabilities(
e/&ept those falling !nder paragraph #6%( the spo!ses shall be solidarily
liable for the !npaid balan&e ith their separate properties. #$1$a( $1*a( $1+a( *7*a<
*75a%

Art. 65. 8hate'er may be lost d!ring the marriage in any game of &han&e(
betting( seepsta9es( or any other 9ind of gambling( hether permitted or
prohibited by la( shall be borne by the loser and shall not be &harged to the
&omm!nity b!t any innings therefrom shall form part of the &omm!nity
property. #$1,a%

Se&tion ,. Onership( Administrati'e(
En.oyment and 0isposition of the 3omm!nity Property
Art. 61. The administration and en.oyment of the &omm!nity property shall
belong to both spo!ses .ointly. In &ase of disagreement( the h!sband;s
de&ision shall pre'ail( s!b.e&t to re&o!rse to the &o!rt by the ife for proper
remedy( hi&h m!st be a'ailed of ithin fi'e years from the date of the
&ontra&t implementing s!&h de&ision.
In the e'ent that one spo!se is in&apa&itated or otherise !nable to
parti&ipate in the administration of the &ommon properties( the other spo!se
may ass!me sole poers of administration. These poers do not in&l!de
disposition or en&!mbran&e itho!t a!thority of the &o!rt or the ritten
&onsent of the other spo!se. In the absen&e of s!&h a!thority or &onsent(
the disposition or en&!mbran&e shall be 'oid. =oe'er( the transa&tion shall
be &onstr!ed as a &ontin!ing offer on the part of the &onsenting spo!se and
the third person( and may be perfe&ted as a binding &ontra&t !pon the
a&&eptan&e by the other spo!se or a!thoriCation by the &o!rt before the
offer is ithdran by either or both offerors. #*71a%
Art. 62. Either spo!se may dispose by ill of his or her interest in the
&omm!nity property. #n%
Art. 65. Neither spo!se may donate any &omm!nity property itho!t the
&onsent of the other. =oe'er( either spo!se may( itho!t the &onsent of
the other( ma9e moderate donations from the &omm!nity property for
&harity or on o&&asions of family re.oi&ing or family distress. #n%

Se&tion 5. 0issol!tion of Absol!te 3omm!nity Regime
Art. 66. The absol!te &omm!nity terminates"
#$% ?pon the death of either spo!se)
#*% 8hen there is a de&ree of legal separation)
#+% 8hen the marriage is ann!lled or de&lared 'oid) or
#,% In &ase of .!di&ial separation of property d!ring the marriage !nder
Arti&les $+, to $+5. #$25a%
Art. $77. The separation in fa&t beteen h!sband and ife shall not affe&t
the regime of absol!te &omm!nity e/&ept that"
#$% The spo!se ho lea'es the &on.!gal home or ref!ses to li'e
therein( itho!t .!st &a!se( shall not ha'e the right to be s!pported)
#*% 8hen the &onsent of one spo!se to any transa&tion of the other is
re4!ired by la( .!di&ial a!thoriCation shall be obtained in a s!mmary
pro&eeding)
#+% In the absen&e of s!ffi&ient &omm!nity property( the separate
property of both spo!ses shall be solidarily liable for the s!pport of the
family. The spo!se present shall( !pon proper petition in a s!mmary
pro&eeding( be gi'en .!di&ial a!thority to administer or en&!mber any
spe&ifi& separate property of the other spo!se and !se the fr!its or
pro&eeds thereof to satisfy the latter;s share. #$25a%
Art. $7$. If a spo!se itho!t .!st &a!se abandons the other or fails to
&omply ith his or her obligations to the family( the aggrie'ed spo!se may
petition the &o!rt for re&ei'ership( for .!di&ial separation of property or for
a!thority to be the sole administrator of the absol!te &omm!nity( s!b.e&t to
s!&h pre&a!tionary &onditions as the &o!rt may impose.
The obligations to the family mentioned in the pre&eding paragraph refer to
marital( parental or property relations.
A spo!se is deemed to ha'e abandoned the other hen her or she has left
the &on.!gal delling itho!t intention of ret!rning. The spo!se ho has left
the &on.!gal delling for a period of three months or has failed ithin the
same period to gi'e any information as to his or her hereabo!ts shall be
prima fa&ie pres!med to ha'e no intention of ret!rning to the &on.!gal
delling. #$25a%

Se&tion 1. Li4!idation of the Absol!te 3omm!nity
Assets and Liabilities
Art. $7*. ?pon dissol!tion of the absol!te &omm!nity regime( the folloing
pro&ed!re shall apply"
#$% An in'entory shall be prepared( listing separately all the properties
of the absol!te &omm!nity and the e/&l!si'e properties of ea&h
spo!se.
#*% The debts and obligations of the absol!te &omm!nity shall be paid
o!t of its assets. In &ase of ins!ffi&ien&y of said assets( the spo!ses
shall be solidarily liable for the !npaid balan&e ith their separate
properties in a&&ordan&e ith the pro'isions of the se&ond paragraph
of Arti&le 6,.
#+% 8hate'er remains of the e/&l!si'e properties of the spo!ses shall
thereafter be deli'ered to ea&h of them.
#,% The net remainder of the properties of the absol!te &omm!nity
shall &onstit!te its net assets( hi&h shall be di'ided e4!ally beteen
h!sband and ife( !nless a different proportion or di'ision as agreed
!pon in the marriage settlements( or !nless there has been a
'ol!ntary ai'er of s!&h share pro'ided in this 3ode. -or p!rpose of
&omp!ting the net profits s!b.e&t to forfeit!re in a&&ordan&e ith
Arti&les ,+( No. #*% and 1+( No. #*%( the said profits shall be the
in&rease in 'al!e beteen the mar9et 'al!e of the &omm!nity property
at the time of the &elebration of the marriage and the mar9et 'al!e at
the time of its dissol!tion.
#5% The pres!mpti'e legitimes of the &ommon &hildren shall be
deli'ered !pon partition( in a&&ordan&e ith Arti&le 5$.
#1% ?nless otherise agreed !pon by the parties( in the partition of the
properties( the &on.!gal delling and the lot on hi&h it is sit!ated
shall be ad.!di&ated to the spo!se ith hom the ma.ority of the
&ommon &hildren &hoose to remain. 3hildren belo the age of se'en
years are deemed to ha'e &hosen the mother( !nless the &o!rt has
de&ided otherise. In &ase there in no s!&h ma.ority( the &o!rt shall
de&ide( ta9ing into &onsideration the best interests of said &hildren. #n%
Art. $7+. ?pon the termination of the marriage by death( the &omm!nity
property shall be li4!idated in the same pro&eeding for the settlement of the
estate of the de&eased.
If no .!di&ial settlement pro&eeding is instit!ted( the s!r'i'ing spo!se shall
li4!idate the &omm!nity property either .!di&ially or e/tra<.!di&ially ithin
si/ months from the death of the de&eased spo!se. If !pon the lapse of the
si/ months period( no li4!idation is made( any disposition or en&!mbran&e
in'ol'ing the &omm!nity property of the terminated marriage shall be 'oid.
Sho!ld the s!r'i'ing spo!se &ontra&t a s!bse4!ent marriage itho!t
&omplian&e ith the foregoing re4!irements( a mandatory regime of
&omplete separation of property shall go'ern the property relations of the
s!bse4!ent marriage. #n%
Art. $7,. 8hene'er the li4!idation of the &omm!nity properties of to or
more marriages &ontra&ted by the same person before the effe&ti'ity of this
3ode is &arried o!t sim!ltaneo!sly( the respe&ti'e &apital( fr!its and in&ome
of ea&h &omm!nity shall be determined !pon s!&h proof as may be
&onsidered a&&ording to the r!les of e'iden&e. In &ase of do!bt as to hi&h
&omm!nity the e/isting properties belong( the same shall be di'ided
beteen the different &omm!nities in proportion to the &apital and d!ration
of ea&h. #$56a%

3hapter ,. 3on.!gal Partnership of Gains
Se&tion $. General Pro'isions
Art. $75. In &ase the f!t!re spo!ses agree in the marriage settlements that
the regime of &on.!gal partnership gains shall go'ern their property relations
d!ring marriage( the pro'isions in this 3hapter shall be of s!pplementary
appli&ation.
The pro'isions of this 3hapter shall also apply to &on.!gal partnerships of
gains already established beteen spo!ses before the effe&ti'ity of this
3ode( itho!t pre.!di&e to 'ested rights already a&4!ired in a&&ordan&e ith
the 3i'il 3ode or other las( as pro'ided in Arti&le *51. #n%
Art. $71. ?nder the regime of &on.!gal partnership of gains( the h!sband
and ife pla&e in a &ommon f!nd the pro&eeds( prod!&ts( fr!its and in&ome
from their separate properties and those a&4!ired by either or both spo!ses
thro!gh their efforts or by &han&e( and( !pon dissol!tion of the marriage or
of the partnership( the net gains or benefits obtained by either or both
spo!ses shall be di'ided e4!ally beteen them( !nless otherise agreed in
the marriage settlements. #$,*a%
Art. $72. The r!les pro'ided in Arti&les 55 and 56 shall also apply to &on.!gal
partnership of gains. #n%
Art. $75. The &on.!gal partnership shall be go'erned by the r!les on the
&ontra&t of partnership in all that is not in &onfli&t ith hat is e/pressly
determined in this 3hapter or by the spo!ses in their marriage settlements.
#$,2a%

Se&tion *. E/&l!si'e Property of Ea&h Spo!se
Art. $76. The folloing shall be the e/&l!si'e property of ea&h spo!se"
#$% That hi&h is bro!ght to the marriage as his or her on)
#*% That hi&h ea&h a&4!ires d!ring the marriage by grat!ito!s title)
#+% That hi&h is a&4!ired by right of redemption( by barter or by
e/&hange ith property belonging to only one of the spo!ses) and
#,% That hi&h is p!r&hased ith e/&l!si'e money of the ife or of the
h!sband. #$,5a%
Art. $$7. The spo!ses retain the onership( possession( administration and
en.oyment of their e/&l!si'e properties.
Either spo!se may( d!ring the marriage( transfer the administration of his or
her e/&l!si'e property to the other by means of a p!bli& instr!ment( hi&h
shall be re&orded in the registry of property of the pla&e the property is
lo&ated. #$+2a( $15a( $16a%
Art. $$$. A spo!se of age may mortgage( en&!mber( alienate or otherise
dispose of his or her e/&l!si'e property( itho!t the &onsent of the other
spo!se( and appear alone in &o!rt to litigate ith regard to the same. #n%
Art. $$*. The alienation of any e/&l!si'e property of a spo!se administered
by the other a!tomati&ally terminates the administration o'er s!&h property
and the pro&eeds of the alienation shall be t!rned o'er to the oner<spo!se.
#n%
Art. $$+. Property donated or left by ill to the spo!ses( .ointly and ith
designation of determinate shares( shall pertain to the donee<spo!ses as his
or her on e/&l!si'e property( and in the absen&e of designation( share and
share ali9e( itho!t pre.!di&e to the right of a&&retion hen proper. #$57a%
Art. $$,. If the donations are onero!s( the amo!nt of the &harges shall be
borne by the e/&l!si'e property of the donee spo!se( hene'er they ha'e
been ad'an&ed by the &on.!gal partnership of gains. #$5$a%
Art. $$5. Retirement benefits( pensions( ann!ities( grat!ities( !s!fr!&ts and
similar benefits shall be go'erned by the r!les on grat!ito!s or onero!s
a&4!isitions as may be proper in ea&h &ase. #n%

Se&tion +. 3on.!gal Partnership Property
Art. $$1. All property a&4!ired d!ring the marriage( hether the a&4!isition
appears to ha'e been made( &ontra&ted or registered in the name of one or
both spo!ses( is pres!med to be &on.!gal !nless the &ontrary is pro'ed. #$17a%
Art. $$2. The folloing are &on.!gal partnership properties"
#$% Those a&4!ired by onero!s title d!ring the marriage at the e/pense
of the &ommon f!nd( hether the a&4!isition be for the partnership( or
for only one of the spo!ses)
#*% Those obtained from the labor( ind!stry( or9 or profession of
either or both of the spo!ses)
#+% The fr!its( nat!ral( ind!strial( or &i'il( d!e or re&ei'ed d!ring the
marriage from the &ommon property( as ell as the net fr!its from the
e/&l!si'e property of ea&h spo!se)
#,% The share of either spo!se in the hidden treas!re hi&h the la
aards to the finder or oner of the property here the treas!re is
fo!nd)
#5% Those a&4!ired thro!gh o&&!pation s!&h as fishing or h!nting)
#1% Li'esto&9 e/isting !pon the dissol!tion of the partnership in e/&ess
of the n!mber of ea&h 9ind bro!ght to the marriage by either spo!se)
and
#2% Those hi&h are a&4!ired by &han&e( s!&h as innings from
gambling or betting. =oe'er( losses therefrom shall be borne
e/&l!si'ely by the loser<spo!se. #$5+a( $5,a( $55( $56%
Art. $$5. Property bo!ght on installments paid partly from e/&l!si'e f!nds of
either or both spo!ses and partly from &on.!gal f!nds belongs to the b!yer
or b!yers if f!ll onership as 'ested before the marriage and to the
&on.!gal partnership if s!&h onership as 'ested d!ring the marriage. In
either &ase( any amo!nt ad'an&ed by the partnership or by either or both
spo!ses shall be reimb!rsed by the oner or oners !pon li4!idation of the
partnership. #n%
Art. $$6. 8hene'er an amo!nt or &redit payable ithin a period of time
belongs to one of the spo!ses( the s!ms hi&h may be &olle&ted d!ring the
marriage in partial payments or by installments on the prin&ipal shall be the
e/&l!si'e property of the spo!se. =oe'er( interests falling d!e d!ring the
marriage on the prin&ipal shall belong to the &on.!gal partnership. #$51a( $52a%
Art. $*7. The onership of impro'ements( hether for !tility or adornment(
made on the separate property of the spo!ses at the e/pense of the
partnership or thro!gh the a&ts or efforts of either or both spo!ses shall
pertain to the &on.!gal partnership( or to the original oner<spo!se( s!b.e&t
to the folloing r!les"
8hen the &ost of the impro'ement made by the &on.!gal partnership
and any res!lting in&rease in 'al!e are more than the 'al!e of the
property at the time of the impro'ement( the entire property of one of
the spo!ses shall belong to the &on.!gal partnership( s!b.e&t to
reimb!rsement of the 'al!e of the property of the oner<spo!se at the
time of the impro'ement) otherise( said property shall be retained in
onership by the oner<spo!se( li9eise s!b.e&t to reimb!rsement of
the &ost of the impro'ement.
In either &ase( the onership of the entire property shall be 'ested
!pon the reimb!rsement( hi&h shall be made at the time of the
li4!idation of the &on.!gal partnership. #$55a%
Se&tion ,. 3harges ?pon and Obligations of
the 3on.!gal Partnership
Art. $*$. The &on.!gal partnership shall be liable for"
#$% The s!pport of the spo!se( their &ommon &hildren( and the
legitimate &hildren of either spo!se) hoe'er( the s!pport of
illegitimate &hildren shall be go'erned by the pro'isions of this 3ode
on S!pport)
#*% All debts and obligations &ontra&ted d!ring the marriage by the
designated administrator<spo!se for the benefit of the &on.!gal
partnership of gains( or by both spo!ses or by one of them ith the
&onsent of the other)
#+% 0ebts and obligations &ontra&ted by either spo!se itho!t the
&onsent of the other to the e/tent that the family may ha'e benefited)
#,% All ta/es( liens( &harges( and e/penses( in&l!ding ma.or or minor
repairs !pon the &on.!gal partnership property)
#5% All ta/es and e/penses for mere preser'ation made d!ring the
marriage !pon the separate property of either spo!se)
#1% E/penses to enable either spo!se to &ommen&e or &omplete a
professional( 'o&ational( or other a&ti'ity for self<impro'ement)
#2% Ante<n!ptial debts of either spo!se insofar as they ha'e redo!nded
to the benefit of the family)
#5% The 'al!e of hat is donated or promised by both spo!ses in fa'or
of their &ommon legitimate &hildren for the e/&l!si'e p!rpose of
&ommen&ing or &ompleting a professional or 'o&ational &o!rse or other
a&ti'ity for self<impro'ement) and
#6% E/penses of litigation beteen the spo!ses !nless the s!it is fo!nd
to gro!ndless.
If the &on.!gal partnership is ins!ffi&ient to &o'er the foregoing liabilities( the
spo!ses shall be solidarily liable for the !npaid balan&e ith their separate
properties. #$1$a%
Art. $**. The payment of personal debts &ontra&ted by the h!sband or the
ife before or d!ring the marriage shall not be &harged to the &on.!gal
properties partnership e/&ept insofar as they redo!nded to the benefit of the
family.
Neither shall the fines and pe&!niary indemnities imposed !pon them be
&harged to the partnership.
=oe'er( the payment of personal debts &ontra&ted by either spo!se before
the marriage( that of fines and indemnities imposed !pon them( as ell as
the s!pport of illegitimate &hildren of either spo!se( may be enfor&ed against
the partnership assets after the responsibilities en!merated in the pre&eding
Arti&le ha'e been &o'ered( if the spo!se ho is bo!nd sho!ld ha'e no
e/&l!si'e property or if it sho!ld be ins!ffi&ient) b!t at the time of the
li4!idation of the partnership( s!&h spo!se shall be &harged for hat has
been paid for the p!rpose abo'e<mentioned. #$1+a%
Art. $*+. 8hate'er may be lost d!ring the marriage in any game of &han&e
or in betting( seepsta9es( or any other 9ind of gambling hether permitted
or prohibited by la( shall be borne by the loser and shall not be &harged to
the &on.!gal partnership b!t any innings therefrom shall form part of the
&on.!gal partnership property. #$1,a%

Se&tion 5. Administration of the
3on.!gal Partnership Property
Art. $*,. The administration and en.oyment of the &on.!gal partnership shall
belong to both spo!ses .ointly. In &ase of disagreement( the h!sband;s
de&ision shall pre'ail( s!b.e&t to re&o!rse to the &o!rt by the ife for proper
remedy( hi&h m!st be a'ailed of ithin fi'e years from the date of the
&ontra&t implementing s!&h de&ision.
In the e'ent that one spo!se is in&apa&itated or otherise !nable to
parti&ipate in the administration of the &on.!gal properties( the other spo!se
may ass!me sole poers of administration. These poers do not in&l!de
disposition or en&!mbran&e itho!t a!thority of the &o!rt or the ritten
&onsent of the other spo!se. In the absen&e of s!&h a!thority or &onsent(
the disposition or en&!mbran&e shall be 'oid. =oe'er( the transa&tion shall
be &onstr!ed as a &ontin!ing offer on the part of the &onsenting spo!se and
the third person( and may be perfe&ted as a binding &ontra&t !pon the
a&&eptan&e by the other spo!se or a!thoriCation by the &o!rt before the
offer is ithdran by either or both offerors. #$15a%
Art. $*5. Neither spo!se may donate any &on.!gal partnership property
itho!t the &onsent of the other. =oe'er( either spo!se may( itho!t the
&onsent of the other( ma9e moderate donations from the &on.!gal
partnership property for &harity or on o&&asions of family re.oi&ing or family
distress. #$2,a%

Se&tion 1. 0issol!tion of 3on.!gal Partnership Regime
Art. $*1. The &on.!gal partnership terminates"
#$% ?pon the death of either spo!se)
#*% 8hen there is a de&ree of legal separation)
#+% 8hen the marriage is ann!lled or de&lared 'oid) or
#,% In &ase of .!di&ial separation of property d!ring the marriage !nder
Arti&les $+, to $+5. #$25a%
Art. $*2. The separation in fa&t beteen h!sband and ife shall not affe&t
the regime of &on.!gal partnership( e/&ept that"
#$% The spo!se ho lea'es the &on.!gal home or ref!ses to li'e
therein( itho!t .!st &a!se( shall not ha'e the right to be s!pported)
#*% 8hen the &onsent of one spo!se to any transa&tion of the other is
re4!ired by la( .!di&ial a!thoriCation shall be obtained in a s!mmary
pro&eeding)
#+% In the absen&e of s!ffi&ient &on.!gal partnership property( the
separate property of both spo!ses shall be solidarily liable for the
s!pport of the family. The spo!se present shall( !pon petition in a
s!mmary pro&eeding( be gi'en .!di&ial a!thority to administer or
en&!mber any spe&ifi& separate property of the other spo!se and !se
the fr!its or pro&eeds thereof to satisfy the latter;s share. #$25a%
Art. $*5. If a spo!se itho!t .!st &a!se abandons the other or fails to
&omply ith his or her obligation to the family( the aggrie'ed spo!se may
petition the &o!rt for re&ei'ership( for .!di&ial separation of property( or for
a!thority to be the sole administrator of the &on.!gal partnership property(
s!b.e&t to s!&h pre&a!tionary &onditions as the &o!rt may impose.
The obligations to the family mentioned in the pre&eding paragraph refer to
marital( parental or property relations.
A spo!se is deemed to ha'e abandoned the other hen he or she has left
the &on.!gal delling itho!t intention of ret!rning. The spo!se ho has left
the &on.!gal delling for a period of three months or has failed ithin the
same period to gi'e any information as to his or her hereabo!ts shall be
prima fa&ie pres!med to ha'e no intention of ret!rning to the &on.!gal
delling. #$12a( $6$a%

Se&tion 2. Li4!idation of the
3on.!gal Partnership Assets and Liabilities
Art. $*6. ?pon the dissol!tion of the &on.!gal partnership regime( the
folloing pro&ed!re shall apply"
#$% An in'entory shall be prepared( listing separately all the properties
of the &on.!gal partnership and the e/&l!si'e properties of ea&h
spo!se.
#*% Amo!nts ad'an&ed by the &on.!gal partnership in payment of
personal debts and obligations of either spo!se shall be &redited to the
&on.!gal partnership as an asset thereof.
#+% Ea&h spo!se shall be reimb!rsed for the !se of his or her e/&l!si'e
f!nds in the a&4!isition of property or for the 'al!e of his or her
e/&l!si'e property( the onership of hi&h has been 'ested by la in
the &on.!gal partnership.
#,% The debts and obligations of the &on.!gal partnership shall be paid
o!t of the &on.!gal assets. In &ase of ins!ffi&ien&y of said assets( the
spo!ses shall be solidarily liable for the !npaid balan&e ith their
separate properties( in a&&ordan&e ith the pro'isions of paragraph
#*% of Arti&le $*$.
#5% 8hate'er remains of the e/&l!si'e properties of the spo!ses shall
thereafter be deli'ered to ea&h of them.
#1% ?nless the oner had been indemnified from hate'er so!r&e( the
loss or deterioration of mo'ables !sed for the benefit of the family(
belonging to either spo!se( e'en d!e to fort!ito!s e'ent( shall be paid
to said spo!se from the &on.!gal f!nds( if any.
#2% The net remainder of the &on.!gal partnership properties shall
&onstit!te the profits( hi&h shall be di'ided e4!ally beteen h!sband
and ife( !nless a different proportion or di'ision as agreed !pon in
the marriage settlements or !nless there has been a 'ol!ntary ai'er
or forfeit!re of s!&h share as pro'ided in this 3ode.
#5% The pres!mpti'e legitimes of the &ommon &hildren shall be
deli'ered !pon the partition in a&&ordan&e ith Arti&le 5$.
#6% In the partition of the properties( the &on.!gal delling and the lot
on hi&h it is sit!ated shall( !nless otherise agreed !pon by the
parties( be ad.!di&ated to the spo!se ith hom the ma.ority of the
&ommon &hildren &hoose to remain. 3hildren belo the age of se'en
years are deemed to ha'e &hosen the mother( !nless the &o!rt has
de&ided otherise. In &ase there is no s!&h ma.ority( the &o!rt shall
de&ide( ta9ing into &onsideration the best interests of said &hildren.
#$5$a( $5*a( $5+a( $5,a( $55a%
Art. $+7. ?pon the termination of the marriage by death( the &on.!gal
partnership property shall be li4!idated in the same pro&eeding for the
settlement of the estate of the de&eased.
If no .!di&ial settlement pro&eeding is instit!ted( the s!r'i'ing spo!se shall
li4!idate the &on.!gal partnership property either .!di&ially or e/tra<.!di&ially
ithin si/ months from the death of the de&eased spo!se. If !pon the lapse
of the si/<month period no li4!idation is made( any disposition or
en&!mbran&e in'ol'ing the &on.!gal partnership property of the terminated
marriage shall be 'oid.
Sho!ld the s!r'i'ing spo!se &ontra&t a s!bse4!ent marriage itho!t
&omplian&e ith the foregoing re4!irements( a mandatory regime of
&omplete separation of property shall go'ern the property relations of the
s!bse4!ent marriage. #n%
Art. $+$. 8hene'er the li4!idation of the &on.!gal partnership properties of
to or more marriages &ontra&ted by the same person before the effe&ti'ity
of this 3ode is &arried o!t sim!ltaneo!sly( the respe&ti'e &apital( fr!its and
in&ome of ea&h partnership shall be determined !pon s!&h proof as may be
&onsidered a&&ording to the r!les of e'iden&e. In &ase of do!bt as to hi&h
partnership the e/isting properties belong( the same shall be di'ided
beteen the different partnerships in proportion to the &apital and d!ration
of ea&h. #$56a%
Art. $+*. The R!les of 3o!rt on the administration of estates of de&eased
persons shall be obser'ed in the appraisal and sale of property of the
&on.!gal partnership( and other matters hi&h are not e/pressly determined
in this 3hapter. #$52a%
Art. $++. -rom the &ommon mass of property s!pport shall be gi'en to the
s!r'i'ing spo!se and to the &hildren d!ring the li4!idation of the in'entoried
property and !ntil hat belongs to them is deli'ered) b!t from this shall be
ded!&ted that amo!nt re&ei'ed for s!pport hi&h e/&eeds the fr!its or rents
pertaining to them. #$55a%

3hapter 5. Separation of Property of the
Spo!ses and Administration of 3ommon Property by
One Spo!se 0!ring the :arriage
Art. $+,. In the absen&e of an e/press de&laration in the marriage
settlements( the separation of property beteen spo!ses d!ring the
marriage shall not ta9e pla&e e/&ept by .!di&ial order. S!&h .!di&ial
separation of property may either be 'ol!ntary or for s!ffi&ient &a!se. #$67a%
Art. $+5. Any of the folloing shall be &onsidered s!ffi&ient &a!se for .!di&ial
separation of property"
#$% That the spo!se of the petitioner has been senten&ed to a penalty
hi&h &arries ith it &i'il interdi&tion)
#*% That the spo!se of the petitioner has been .!di&ially de&lared an
absentee)
#+% That loss of parental a!thority of the spo!se of petitioner has been
de&reed by the &o!rt)
#,% That the spo!se of the petitioner has abandoned the latter or failed
to &omply ith his or her obligations to the family as pro'ided for in
Arti&le $7$)
#5% That the spo!se granted the poer of administration in the
marriage settlements has ab!sed that poer) and
#1% That at the time of the petition( the spo!ses ha'e been separated
in fa&t for at least one year and re&on&iliation is highly improbable.
In the &ases pro'ided for in N!mbers #$%( #*% and #+%( the presentation of
the final .!dgment against the g!ilty or absent spo!se shall be eno!gh basis
for the grant of the de&ree of .!di&ial separation of property. #$6$a%
Art. $+1. The spo!ses may .ointly file a 'erified petition ith the &o!rt for
the 'ol!ntary dissol!tion of the absol!te &omm!nity or the &on.!gal
partnership of gains( and for the separation of their &ommon properties.
All &reditors of the absol!te &omm!nity or of the &on.!gal partnership of
gains( as ell as the personal &reditors of the spo!se( shall be listed in the
petition and notified of the filing thereof. The &o!rt shall ta9e meas!res to
prote&t the &reditors and other persons ith pe&!niary interest. #$6$a%
Art. $+2. On&e the separation of property has been de&reed( the absol!te
&omm!nity or the &on.!gal partnership of gains shall be li4!idated in
&onformity ith this 3ode.
0!ring the penden&y of the pro&eedings for separation of property( the
absol!te &omm!nity or the &on.!gal partnership shall pay for the s!pport of
the spo!ses and their &hildren. #$6*a%
Art. $+5. After dissol!tion of the absol!te &omm!nity or of the &on.!gal
partnership( the pro'isions on &omplete separation of property shall apply.
#$6$a%
Art. $+6. The petition for separation of property and the final .!dgment
granting the same shall be re&orded in the proper lo&al &i'il registries and
registries of property. #$6+a%
Art. $,7. The separation of property shall not pre.!di&e the rights pre'io!sly
a&4!ired by &reditors. #$6,a%
Art. $,$. The spo!ses may( in the same pro&eedings here separation of
property as de&reed( file a motion in &o!rt for a de&ree re'i'ing the
property regime that e/isted beteen them before the separation of
property in any of the folloing instan&es"
#$% 8hen the &i'il interdi&tion terminates)
#*% 8hen the absentee spo!se reappears)
#+% 8hen the &o!rt( being satisfied that the spo!se granted the poer
of administration in the marriage settlements ill not again ab!se that
poer( a!thoriCes the res!mption of said administration)
#,% 8hen the spo!se ho has left the &on.!gal home itho!t a de&ree
of legal separation res!mes &ommon life ith the other)
#5% 8hen parental a!thority is .!di&ially restored to the spo!se
pre'io!sly depri'ed thereof)
#1% 8hen the spo!ses ho ha'e separated in fa&t for at least one
year( re&on&ile and res!me &ommon life) or
#2% 8hen after 'ol!ntary dissol!tion of the absol!te &omm!nity of
property or &on.!gal partnership has been .!di&ially de&reed !pon the
.oint petition of the spo!ses( they agree to the re'i'al of the former
property regime. No 'ol!ntary separation of property may thereafter
be granted.
The re'i'al of the former property regime shall be go'erned by Arti&le 12.
#$65a%
Art. $,*. The administration of all &lasses of e/&l!si'e property of either
spo!se may be transferred by the &o!rt to the other spo!se"
#$% 8hen one spo!se be&omes the g!ardian of the other)
#*% 8hen one spo!se is .!di&ially de&lared an absentee)
#+% 8hen one spo!se is senten&ed to a penalty hi&h &arries ith it
&i'il interdi&tion) or
#,% 8hen one spo!se be&omes a f!giti'e from .!sti&e or is in hiding as
an a&&!sed in a &riminal &ase.
If the other spo!se is not 4!alified by reason of in&ompeten&e( &onfli&t of
interest( or any other .!st &a!se( the &o!rt shall appoint a s!itable person to
be the administrator. #n%

3hapter 1. Regime of Separation of Property
Art. $,+. Sho!ld the f!t!re spo!ses agree in the marriage settlements that
their property relations d!ring marriage shall be go'erned by the regime of
separation of property( the pro'isions of this 3hapter shall be s!ppletory.
#*$*a%
Art. $,,. Separation of property may refer to present or f!t!re property or
both. It may be total or partial. In the latter &ase( the property not agreed
!pon as separate shall pertain to the absol!te &omm!nity. #*$+a%
Art. $,5. Ea&h spo!se shall on( dispose of( possess( administer and en.oy
his or her on separate estate( itho!t need of the &onsent of the other. To
ea&h spo!se shall belong all earnings from his or her profession( b!siness or
ind!stry and all fr!its( nat!ral( ind!strial or &i'il( d!e or re&ei'ed d!ring the
marriage from his or her separate property. #*$,a%
Art. $,1. >oth spo!ses shall bear the family e/penses in proportion to their
in&ome( or( in &ase of ins!ffi&ien&y or defa!lt thereof( to the &!rrent mar9et
'al!e of their separate properties.&han robles 'irt!al la library
The liabilities of the spo!ses to &reditors for family e/penses shall( hoe'er(
be solidary. #*$5a%

3hapter 2. Property Regime of ?nions 8itho!t :arriage
Art. $,2. 8hen a man and a oman ho are &apa&itated to marry ea&h
other( li'e e/&l!si'ely ith ea&h other as h!sband and ife itho!t the
benefit of marriage or !nder a 'oid marriage( their ages and salaries shall
be oned by them in e4!al shares and the property a&4!ired by both of
them thro!gh their or9 or ind!stry shall be go'erned by the r!les on &o<
onership.
In the absen&e of proof to the &ontrary( properties a&4!ired hile they li'ed
together shall be pres!med to ha'e been obtained by their .oint efforts(
or9 or ind!stry( and shall be oned by them in e4!al shares. -or p!rposes
of this Arti&le( a party ho did not parti&ipate in the a&4!isition by the other
party of any property shall be deemed to ha'e &ontrib!ted .ointly in the
a&4!isition thereof if the former;s efforts &onsisted in the &are and
maintenan&e of the family and of the ho!sehold.
Neither party &an en&!mber or dispose by a&ts inter 'i'os of his or her share
in the property a&4!ired d!ring &ohabitation and oned in &ommon( itho!t
the &onsent of the other( !ntil after the termination of their &ohabitation.
8hen only one of the parties to a 'oid marriage is in good faith( the share of
the party in bad faith in the &o<onership shall be forfeited in fa'or of their
&ommon &hildren. In &ase of defa!lt of or ai'er by any or all of the
&ommon &hildren or their des&endants( ea&h 'a&ant share shall belong to the
respe&ti'e s!r'i'ing des&endants. In the absen&e of des&endants( s!&h share
shall belong to the inno&ent party. In all &ases( the forfeit!re shall ta9e pla&e
!pon termination of the &ohabitation. #$,,a%
Art. $,5. In &ases of &ohabitation not falling !nder the pre&eding Arti&le(
only the properties a&4!ired by both of the parties thro!gh their a&t!al .oint
&ontrib!tion of money( property( or ind!stry shall be oned by them in
&ommon in proportion to their respe&ti'e &ontrib!tions. In the absen&e of
proof to the &ontrary( their &ontrib!tions and &orresponding shares are
pres!med to be e4!al. The same r!le and pres!mption shall apply to .oint
deposits of money and e'iden&es of &redit.
If one of the parties is 'alidly married to another( his or her share in the &o<
onership shall a&&r!e to the absol!te &omm!nity or &on.!gal partnership
e/isting in s!&h 'alid marriage. If the party ho a&ted in bad faith is not
'alidly married to another( his or her shall be forfeited in the manner
pro'ided in the last paragraph of the pre&eding Arti&le.
The foregoing r!les on forfeit!re shall li9eise apply e'en if both parties are
in bad faith. #$,,a%

TITLE @
T=E -A:ILA
3hapter $. The -amily as an Instit!tion
Art. $,6. The family( being the fo!ndation of the nation( is a basi& so&ial
instit!tion hi&h p!bli& poli&y &herishes and prote&ts. 3onse4!ently( family
relations are go'erned by la and no &!stom( pra&ti&e or agreement
destr!&ti'e of the family shall be re&ogniCed or gi'en effe&t. #*$1a( *$5a%
Art. 57. -amily relations in&l!de those"
#$% >eteen h!sband and ife)
#*% >eteen parents and &hildren)
#+% Among brothers and sisters( hether of the f!ll or half<blood. #*$2a%
Art. $5$. No s!it beteen members of the same family shall prosper !nless
it sho!ld appear from the 'erified &omplaint or petition that earnest efforts
toard a &ompromise ha'e been made( b!t that the same ha'e failed. If it is
shon that no s!&h efforts ere in fa&t made( the same &ase m!st be
dismissed.
This r!les shall not apply to &ases hi&h may not be the s!b.e&t of
&ompromise !nder the 3i'il 3ode. #***a%

3hapter *. The -amily =ome
Art. $5*. The family home( &onstit!ted .ointly by the h!sband and the ife
or by an !nmarried head of a family( is the delling ho!se here they and
their family reside( and the land on hi&h it is sit!ated. #**+a%
Art. $5+. The family home is deemed &onstit!ted on a ho!se and lot from
the time it is o&&!pied as a family residen&e. -rom the time of its
&onstit!tion and so long as any of its benefi&iaries a&t!ally resides therein(
the family home &ontin!es to be s!&h and is e/empt from e/e&!tion( for&ed
sale or atta&hment e/&ept as hereinafter pro'ided and to the e/tent of the
'al!e alloed by la. #**+a%
Art. $5,. The benefi&iaries of a family home are"
#$% The h!sband and ife( or an !nmarried person ho is the head of
a family) and
#*% Their parents( as&endants( des&endants( brothers and sisters(
hether the relationship be legitimate or illegitimate( ho are li'ing in
the family home and ho depend !pon the head of the family for legal
s!pport. #**1a%
Art. $55. The family home shall be e/empt from e/e&!tion( for&ed sale or
atta&hment e/&ept"
#$% -or nonpayment of ta/es)
#*% -or debts in&!rred prior to the &onstit!tion of the family home)
#+% -or debts se&!red by mortgages on the premises before or after
s!&h &onstit!tion) and
#,% -or debts d!e to laborers( me&hani&s( ar&hite&ts( b!ilders(
materialmen and others ho ha'e rendered ser'i&e or f!rnished
material for the &onstr!&tion of the b!ilding. #*,+a%
Art. $51. The family home m!st be part of the properties of the absol!te
&omm!nity or the &on.!gal partnership( or of the e/&l!si'e properties of
either spo!se ith the latter;s &onsent. It may also be &onstit!ted by an
!nmarried head of a family on his or her on property.
Ne'ertheless( property that is the s!b.e&t of a &onditional sale on
installments here onership is reser'ed by the 'endor only to g!arantee
payment of the p!r&hase pri&e may be &onstit!ted as a family home. #**2a(
**5a%
Art. $52. The a&t!al 'al!e of the family home shall not e/&eed( at the time
of its &onstit!tion( the amo!nt of the three h!ndred tho!sand pesos in !rban
areas( and to h!ndred tho!sand pesos in r!ral areas( or s!&h amo!nts as
may hereafter be fi/ed by la.
In any e'ent( if the 'al!e of the &!rren&y &hanges after the adoption of this
3ode( the 'al!e most fa'orable for the &onstit!tion of a family home shall be
the basis of e'al!ation.
-or p!rposes of this Arti&le( !rban areas are deemed to in&l!de &hartered
&ities and m!ni&ipalities hose ann!al in&ome at least e4!als that legally
re4!ired for &hartered &ities. All others are deemed to be r!ral areas. #*+$a%
Art. $55. The family home may be sold( alienated( donated( assigned or
en&!mbered by the oner or oners thereof ith the ritten &onsent of the
person &onstit!ting the same( the latter;s spo!se( and a ma.ority of the
benefi&iaries of legal age. In &ase of &onfli&t( the &o!rt shall de&ide. #*+5a%
Art. $56. The family home shall &ontin!e despite the death of one or both
spo!ses or of the !nmarried head of the family for a period of ten years or
for as long as there is a minor benefi&iary( and the heirs &annot partition the
same !nless the &o!rt finds &ompelling reasons therefor. This r!le shall
apply regardless of hoe'er ons the property or &onstit!ted the family
home. #*+5a%
Art. $17. 8hen a &reditor hose &laims is not among those mentioned in
Arti&le $55 obtains a .!dgment in his fa'or( and he has reasonable gro!nds
to belie'e that the family home is a&t!ally orth more than the ma/im!m
amo!nt fi/ed in Arti&le $52( he may apply to the &o!rt hi&h rendered the
.!dgment for an order dire&ting the sale of the property !nder e/e&!tion.
The &o!rt shall so order if it finds that the a&t!al 'al!e of the family home
e/&eeds the ma/im!m amo!nt alloed by la as of the time of its
&onstit!tion. If the in&reased a&t!al 'al!e e/&eeds the ma/im!m alloed in
Arti&le $52 and res!lts from s!bse4!ent 'ol!ntary impro'ements introd!&ed
by the person or persons &onstit!ting the family home( by the oner or
oners of the property( or by any of the benefi&iaries( the same r!le and
pro&ed!re shall apply.
At the e/e&!tion sale( no bid belo the 'al!e alloed for a family home shall
be &onsidered. The pro&eeds shall be applied first to the amo!nt mentioned
in Arti&le $52( and then to the liabilities !nder the .!dgment and the &osts.
The e/&ess( if any( shall be deli'ered to the .!dgment debtor. #*,2a( *,5a%
Art. $1$. -or p!rposes of a'ailing of the benefits of a family home as
pro'ided for in this 3hapter( a person may &onstit!te( or be the benefi&iary
of( only one family home. #n%
Art. $1*. The pro'isions in this 3hapter shall also go'ern e/isting family
residen&es insofar as said pro'isions are appli&able. #n%

TITLE @I
PATERNITA AN0 -ILIATION
3hapter $. Legitimate 3hildren
Art. $1+. The filiation of &hildren may be by nat!re or by adoption. Nat!ral
filiation may be legitimate or illegitimate. #n%
Art. $1,. 3hildren &on&ei'ed or born d!ring the marriage of the parents are
legitimate.
3hildren &on&ei'ed as a res!lt of artifi&ial insemination of the ife ith the
sperm of the h!sband or that of a donor or both are li9eise legitimate
&hildren of the h!sband and his ife( pro'ided( that both of them a!thoriCed
or ratified s!&h insemination in a ritten instr!ment e/e&!ted and signed by
them before the birth of the &hild. The instr!ment shall be re&orded in the
&i'il registry together ith the birth &ertifi&ate of the &hild. #55a( *55a%
Art. $15. 3hildren &on&ei'ed and born o!tside a 'alid marriage are
illegitimate( !nless otherise pro'ided in this 3ode. #n%
Art. $11. Legitima&y of a &hild may be imp!gned only on the folloing
gro!nds"
#$% That it as physi&ally impossible for the h!sband to ha'e se/!al
inter&o!rse ith his ife ithin the first $*7 days of the +77 days
hi&h immediately pre&eded the birth of the &hild be&a!se of"

#a% the physi&al in&apa&ity of the h!sband to ha'e se/!al
inter&o!rse ith his ife)
#b% the fa&t that the h!sband and ife ere li'ing separately in
s!&h a ay that se/!al inter&o!rse as not possible) or
#&% serio!s illness of the h!sband( hi&h absol!tely pre'ented
se/!al inter&o!rse)
#*% That it is pro'ed that for biologi&al or other s&ientifi& reasons( the
&hild &o!ld not ha'e been that of the h!sband( e/&ept in the instan&e
pro'ided in the se&ond paragraph of Arti&le $1,) or
#+% That in &ase of &hildren &on&ei'ed thro!gh artifi&ial insemination(
the ritten a!thoriCation or ratifi&ation of either parent as obtained
thro!gh mista9e( fra!d( 'iolen&e( intimidation( or !nd!e infl!en&e. #*55a%
Art. $12. The &hild shall be &onsidered legitimate altho!gh the mother may
ha'e de&lared against its legitima&y or may ha'e been senten&ed as an
ad!lteress. #*51a%
Art. $15. If the marriage is terminated and the mother &ontra&ted another
marriage ithin three h!ndred days after s!&h termination of the former
marriage( these r!les shall go'ern in the absen&e of proof to the &ontrary"
#$% A &hild born before one h!ndred eighty days after the
solemniCation of the s!bse4!ent marriage is &onsidered to ha'e been
&on&ei'ed d!ring the former marriage( pro'ided it be born ithin three
h!ndred days after the termination of the former marriage)
#*% A &hild born after one h!ndred eighty days folloing the
&elebration of the s!bse4!ent marriage is &onsidered to ha'e been
&on&ei'ed d!ring s!&h marriage( e'en tho!gh it be born ithin the
three h!ndred days after the termination of the former marriage. #*56a%
Art. $16. The legitima&y or illegitima&y of a &hild born after three h!ndred
days folloing the termination of the marriage shall be pro'ed by hoe'er
alleges s!&h legitima&y or illegitima&y. #*1$a%
Art. $27. The a&tion to imp!gn the legitima&y of the &hild shall be bro!ght
ithin one year from the 9noledge of the birth or its re&ording in the &i'il
register( if the h!sband or( in a proper &ase( any of his heirs( sho!ld reside
in the &ity or m!ni&ipality here the birth too9 pla&e or as re&orded.
If the h!sband or( in his defa!lt( all of his heirs do not reside at the pla&e of
birth as defined in the first paragraph or here it as re&orded( the period
shall be to years if they sho!ld reside in the Philippines) and three years if
abroad. If the birth of the &hild has been &on&ealed from or as !n9non to
the h!sband or his heirs( the period shall be &o!nted from the dis&o'ery or
9noledge of the birth of the &hild or of the fa&t of registration of said birth(
hi&he'er is earlier. #*1+a%
Art. $2$. The heirs of the h!sband may imp!gn the filiation of the &hild
ithin the period pres&ribed in the pre&eding arti&le only in the folloing
&ases"
#$% If the h!sband sho!ld died before the e/piration of the period fi/ed
for bringing his a&tion)
#*% If he sho!ld die after the filing of the &omplaint itho!t ha'ing
desisted therefrom) or
#+% If the &hild as born after the death of the h!sband. #*1*a%
3hapter *. Proof of -iliation
Art. $2*. The filiation of legitimate &hildren is established by any of the
folloing"
#$% The re&ord of birth appearing in the &i'il register or a final
.!dgment) or
#*% An admission of legitimate filiation in a p!bli& do&!ment or a
pri'ate handritten instr!ment and signed by the parent &on&erned.
In the absen&e of the foregoing e'iden&e( the legitimate filiation shall be
pro'ed by"
#$% The open and &ontin!o!s possession of the stat!s of a legitimate
&hild) or
#*% Any other means alloed by the R!les of 3o!rt and spe&ial las.
#*15a( *11a( *12a%
Art. $2+. The a&tion to &laim legitima&y may be bro!ght by the &hild d!ring
his or her lifetime and shall be transmitted to the heirs sho!ld the &hild die
d!ring minority or in a state of insanity. In these &ases( the heirs shall ha'e
a period of fi'e years ithin hi&h to instit!te the a&tion.
Art. $2,. Legitimate &hildren shall ha'e the right"
#$% To bear the s!rnames of the father and the mother( in &onformity
ith the pro'isions of the 3i'il 3ode on S!rnames)
#*% To re&ei'e s!pport from their parents( their as&endants( and in
proper &ases( their brothers and sisters( in &onformity ith the
pro'isions of this 3ode on S!pport) and
#+% To be entitled to the legitimate and other s!&&essional rights
granted to them by the 3i'il 3ode. #*1,a%
3hapter +. Illegitimate 3hildren
Art. $25. Illegitimate &hildren may establish their illegitimate filiation in the
same ay and on the same e'iden&e as legitimate &hildren.
The a&tion m!st be bro!ght ithin the same period spe&ified in Arti&le $2+(
e/&ept hen the a&tion is based on the se&ond paragraph of Arti&le $2*( in
hi&h &ase the a&tion may be bro!ght d!ring the lifetime of the alleged
parent. #*56a%
Art. $21. Illegitimate &hildren shall !se the s!rname and shall be !nder the
parental a!thority of their mother( and shall be entitled to s!pport in
&onformity ith this 3ode. The legitime of ea&h illegitimate &hild shall &onsist
of one<half of the legitime of a legitimate &hild. E/&ept for this modifi&ation(
all other pro'isions in the 3i'il 3ode go'erning s!&&essional rights shall
remain in for&e. #*52a%

3hapter ,. Legitimated 3hildren
Art. $22. Only &hildren &on&ei'ed and born o!tside of edlo&9 of parents
ho( at the time of the &on&eption of the former( ere not dis4!alified by
any impediment to marry ea&h other may be legitimated. #*16a%
Art. $25. Legitimation shall ta9e pla&e by a s!bse4!ent 'alid marriage
beteen parents. The ann!lment of a 'oidable marriage shall not affe&t the
legitimation. #*27a% &han robles 'irt!al la library
Art. $26. Legitimated &hildren shall en.oy the same rights as legitimate
&hildren. #*2*a%
Art. $57. The effe&ts of legitimation shall retroa&t to the time of the &hild;s
birth. #*2+a%
Art. $5$. The legitimation of &hildren ho died before the &elebration of the
marriage shall benefit their des&endants. #*2,%
Art. $5*. Legitimation may be imp!gned only by those ho are pre.!di&ed in
their rights( ithin fi'e years from the time their &a!se of a&tion a&&r!es.
#*25a%

TITLE @II
A0OPTION
Art. $5+. A person of age and in possession of f!ll &i'il &apa&ity and legal
rights may adopt( pro'ided he is in a position to s!pport and &are for his
&hildren( legitimate or illegitimate( in 9eeping ith the means of the family.
Only minors may be adopted( e/&ept in the &ases hen the adoption of a
person of ma.ority age is alloed in this Title.
In addition( the adopter m!st be at least si/teen years older than the person
to be adopted( !nless the adopter is the parent by nat!re of the adopted( or
is the spo!se of the legitimate parent of the person to be adopted. #*2a( E. O. 6$
and P0 17+%
Art. $5,. The folloing persons may not adopt"
#$% The g!ardian ith respe&t to the ard prior to the appro'al of the
final a&&o!nts rendered !pon the termination of their g!ardianship
relation)
#*% Any person ho has been &on'i&ted of a &rime in'ol'ing moral
t!rpit!de)
#+% An alien( e/&ept"

#a% A former -ilipino &itiCen ho see9s to adopt a relati'e by
&onsang!inity)
#b% One ho see9s to adopt the legitimate &hild of his or her
-ilipino spo!se) or
#&% One ho is married to a -ilipino &itiCen and see9s to adopt
.ointly ith his or her spo!se a relati'e by &onsang!inity of the
latter.
Aliens not in&l!ded in the foregoing e/&eptions may adopt -ilipino &hildren in
a&&ordan&e ith the r!les on inter<&o!ntry adoptions as may be pro'ided by
la. #*5a( E. O. 6$ and P0 17+%
Art. $55. =!sband and ife m!st .ointly adopt( e/&ept in the folloing
&ases"
#$% 8hen one spo!se see9s to adopt his on illegitimate &hild) or
#*% 8hen one spo!se see9s to adopt the legitimate &hild of the other.
#*6a( E. O. 6$ and P0 17+%
Art. $51. In &ase h!sband and ife .ointly adopt or one spo!se adopts the
legitimate &hild of the other( .oint parental a!thority shall be e/er&ised by
the spo!ses in a&&ordan&e ith this 3ode. #*6a( E. O. and P0 17+%
Art. $52. The folloing may not be adopted"
#$% A person of legal age( !nless he or she is a &hild by nat!re of the
adopter or his or her spo!se( or( prior to the adoption( said person has
been &onsistently &onsidered and treated by the adopter as his or her
on &hild d!ring minority.
#*% An alien ith hose go'ernment the Rep!bli& of the Philippines has
no diplomati& relations) and
#+% A person ho has already been adopted !nless s!&h adoption has
been pre'io!sly re'o9ed or res&inded. #+7a( E. O. 6$ and P0 17+%
Art. $55. The ritten &onsent of the folloing to the adoption shall be
ne&essary"
#$% The person to be adopted( if ten years of age or o'er(
#*% The parents by nat!re of the &hild( the legal g!ardian( or the
proper go'ernment instr!mentality)
#+% The legitimate and adopted &hildren( ten years of age or o'er( of
the adopting parent or parents)
#,% The illegitimate &hildren( ten years of age or o'er( of the adopting
parent( if li'ing ith said parent and the latter;s spo!se( if any) and
#5% The spo!se( if any( of the person adopting or to be adopted. #+$a( E.
O. 6$ and P0 17+%
Art. $56. Adoption shall ha'e the folloing effe&ts"
#$% -or &i'il p!rposes( the adopted shall be deemed to be a legitimate
&hild of the adopters and both shall a&4!ire the re&ipro&al rights and
obligations arising from the relationship of parent and &hild( in&l!ding
the right of the adopted to !se the s!rname of the adopters)
#*% The parental a!thority of the parents by nat!re o'er the adopted
shall terminate and be 'ested in the adopters( e/&ept that if the
adopter is the spo!se of the parent by nat!re of the adopted( parental
a!thority o'er the adopted shall be e/er&ised .ointly by both spo!ses)
and
#+% The adopted shall remain an intestate heir of his parents and other
blood relati'es. #+6#$%a( #+%a( P0 17+%
Art. $67. Legal or intestate s!&&ession to the estate of the adopted shall be
go'erned by the folloing r!les"
#$% Legitimate and illegitimate &hildren and des&endants and the
s!r'i'ing spo!se of the adopted shall inherit from the adopted( in
a&&ordan&e ith the ordinary r!les of legal or intestate s!&&ession)
#*% 8hen the parents( legitimate or illegitimate( or the legitimate
as&endants of the adopted &on&!r ith the adopter( they shall di'ide
the entire estate( one<half to be inherited by the parents or as&endants
and the other half( by the adopters)
#+% 8hen the s!r'i'ing spo!se or the illegitimate &hildren of the
adopted &on&!r ith the adopters( they shall di'ide the entire estate in
e4!al shares( one<half to be inherited by the spo!se or the illegitimate
&hildren of the adopted and the other half( by the adopters.
#,% 8hen the adopters &on&!r ith the illegitimate &hildren and the
s!r'i'ing spo!se of the adopted( they shall di'ide the entire estate in
e4!al shares( one<third to be inherited by the illegitimate &hildren(
one<third by the s!r'i'ing spo!se( and one<third by the adopters)
#5% 8hen only the adopters s!r'i'e( they shall inherit the entire
estate) and
#1% 8hen only &ollateral blood relati'es of the adopted s!r'i'e( then
the ordinary r!les of legal or intestate s!&&ession shall apply. #+6#,%a( P0
17+%
Art. $6$. If the adopted is a minor or otherise in&apa&itated( the adoption
may be .!di&ially res&inded !pon petition of any person a!thoriCed by the
&o!rt or proper go'ernment instr!mental a&ting on his behalf( on the same
gro!nds pres&ribed for loss or s!spension of parental a!thority. If the
adopted is at least eighteen years of age( he may petition for .!di&ial
res&ission of the adoption on the same gro!nds pres&ribed for disinheriting
an as&endant. #,7a( P0 17+%
Art. $6*. The adopters may petition the &o!rt for the .!di&ial res&ission of
the adoption in any of the folloing &ases"
#$% If the adopted has &ommitted any a&t &onstit!ting gro!nd for
disinheriting a des&endant) or
#*% 8hen the adopted has abandoned the home of the adopters d!ring
minority for at least one year( or( by some other a&ts( has definitely
rep!diated the adoption. #,$a( P0 17+%
Art. $6+. If the adopted minor has not rea&hed the age of ma.ority at the
time of the .!di&ial res&ission of the adoption( the &o!rt in the same
pro&eeding shall reinstate the parental a!thority of the parents by nat!re(
!nless the latter are dis4!alified or in&apa&itated( in hi&h &ase the &o!rt
shall appoint a g!ardian o'er the person and property of the minor. If the
adopted person is physi&ally or mentally handi&apped( the &o!rt shall
appoint in the same pro&eeding a g!ardian o'er his person or property or
both.
D!di&ial res&ission of the adoption shall e/ting!ish all re&ipro&al rights and
obligations beteen the adopters and the adopted arising from the
relationship of parent and &hild. The adopted shall li9eise lose the right to
!se the s!rnames of the adopters and shall res!me his s!rname prior to the
adoption.
The &o!rt shall a&&ordingly order the amendment of the re&ords in the
proper registries. #,*a( P0 17+%

TITLE @III
S?PPORT
Art. $6,. S!pport &omprises e'erything indispensable for s!stenan&e(
delling( &lothing( medi&al attendan&e( ed!&ation and transportation( in
9eeping ith the finan&ial &apa&ity of the family.
The ed!&ation of the person entitled to be s!pported referred to in the
pre&eding paragraph shall in&l!de his s&hooling or training for some
profession( trade or 'o&ation( e'en beyond the age of ma.ority.
Transportation shall in&l!de e/penses in going to and from s&hool( or to and
from pla&e of or9. #*67a%
Art. $75. S!b.e&t to the pro'isions of the s!&&eeding arti&les( the folloing
are obliged to s!pport ea&h other to the hole e/tent set forth in the
pre&eding arti&le"
#$% The spo!ses)
#*% Legitimate as&endants and des&endants)
#+% Parents and their legitimate &hildren and the legitimate and
illegitimate &hildren of the latter)
#,% Parents and their illegitimate &hildren and the legitimate and
illegitimate &hildren of the latter) and
#5% Legitimate brothers and sisters( hether of f!ll or half<blood #*6$a%
Art. $61. >rothers and sisters not legitimately related( hether of the f!ll or
half<blood( are li9eise bo!nd to s!pport ea&h other to the f!ll e/tent set
forth in Arti&le $6,( e/&ept only hen the need for s!pport of the brother or
sister( being of age( is d!e to a &a!se imp!table to the &laimant;s fa!lt or
negligen&e. #*6$a%
Art. $62. In &ase of legitimate as&endants) des&endants( hether legitimate
or illegitimate) and brothers and sisters( hether legitimately or
illegitimately related( only the separate property of the person obliged to
gi'e s!pport shall be anserable pro'ided that in &ase the obligor has no
separate property( the absol!te &omm!nity or the &on.!gal partnership( if
finan&ially &apable( shall ad'an&e the s!pport( hi&h shall be ded!&ted from
the share of the spo!se obliged !pon the li4!idation of the absol!te
&omm!nity or of the &on.!gal partnership. #n%
Art. $65. 0!ring the pro&eedings for legal separation or for ann!lment of
marriage( and for de&laration of n!llity of marriage( the spo!ses and their
&hildren shall be s!pported from the properties of the absol!te &omm!nity or
the &on.!gal partnership. After the final .!dgment granting the petition( the
obligation of m!t!al s!pport beteen the spo!ses &eases. =oe'er( in &ase
of legal separation( the &o!rt may order that the g!ilty spo!se shall gi'e
s!pport to the inno&ent one( spe&ifying the terms of s!&h order. #*6*a%
Art. $66. 8hene'er to or more persons are obliged to gi'e s!pport( the
liability shall de'ol'e !pon the folloing persons in the order herein
pro'ided"
#$% The spo!se)
#*% The des&endants in the nearest degree)
#+% The as&endants in the nearest degree) and
#,% The brothers and sisters. #*6,a%
Art. *77. 8hen the obligation to gi'e s!pport falls !pon to or more
persons( the payment of the same shall be di'ided beteen them in
proportion to the reso!r&es of ea&h.
=oe'er( in &ase of !rgent need and by spe&ial &ir&!mstan&es( the .!dge
may order only one of them to f!rnish the s!pport pro'isionally( itho!t
pre.!di&e to his right to &laim from the other obligors the share d!e from
them.
8hen to or more re&ipients at the same time &laim s!pport from one and
the same person legally obliged to gi'e it( sho!ld the latter not ha'e
s!ffi&ient means to satisfy all &laims( the order established in the pre&eding
arti&le shall be folloed( !nless the &on&!rrent obligees sho!ld be the spo!se
and a &hild s!b.e&t to parental a!thority( in hi&h &ase the &hild shall be
preferred. #*65a%
Art. *7$. The amo!nt of s!pport( in the &ases referred to in Arti&les $65 and
$61( shall be in proportion to the reso!r&es or means of the gi'er and to the
ne&essities of the re&ipient. #*61a%
Art. *7*. S!pport in the &ases referred to in the pre&eding arti&le shall be
red!&ed or in&reased proportionately( a&&ording to the red!&tion or in&rease
of the ne&essities of the re&ipient and the reso!r&es or means of the person
obliged to f!rnish the same. #*62a% &han robles 'irt!al la library
Art. *7+. The obligation to gi'e s!pport shall be demandable from the time
the person ho has a right to re&ei'e the same needs it for maintenan&e(
b!t it shall not be paid e/&ept from the date of .!di&ial or e/tra<.!di&ial
demand.
S!pport pendente lite may be &laimed in a&&ordan&e ith the R!les of 3o!rt.
Payment shall be made ithin the first fi'e days of ea&h &orresponding
month or hen the re&ipient dies( his heirs shall not be obliged to ret!rn
hat he has re&ei'ed in ad'an&e. #*65a%
Art. *7,. The person obliged to gi'e s!pport shall ha'e the option to f!lfill
the obligation either by paying the alloan&e fi/ed( or by re&ei'ing and
maintaining in the family delling the person ho has a right to re&ei'e
s!pport. The latter alternati'e &annot be a'ailed of in &ase there is a moral
or legal obsta&le thereto. #*66a%
Art. *75. The right to re&ei'e s!pport !nder this Title as ell as any money
or property obtained as s!&h s!pport shall not be le'ied !pon on atta&hment
or e/e&!tion. #+7*a%
Art. *71. 8hen( itho!t the 9noledge of the person obliged to gi'e
s!pport( it is gi'en by a stranger( the latter shall ha'e a right to &laim the
same from the former( !nless it appears that he ga'e it itho!t intention of
being reimb!rsed. #*$1,a%
Art. *72. 8hen the person obliged to s!pport another !n.!stly ref!ses or
fails to gi'e s!pport hen !rgently needed by the latter( any third person
may f!rnish s!pport to the needy indi'id!al( ith right of reimb!rsement
from the person obliged to gi'e s!pport. This Arti&le shall parti&!larly apply
hen the father or mother of a &hild !nder the age of ma.ority !n.!stly
ref!ses to s!pport or fails to gi'e s!pport to the &hild hen !rgently needed.
#*$11a%
Art. *75. In &ase of &ontra&t!al s!pport or that gi'en by ill( the e/&ess in
amo!nt beyond that re4!ired for legal s!pport shall be s!b.e&t to le'y on
atta&hment or e/e&!tion.
-!rthermore( &ontra&t!al s!pport shall be s!b.e&t to ad.!stment hene'er
modifi&ation is ne&essary d!e to &hanges of &ir&!mstan&es manifestly
beyond the &ontemplation of the parties. #n%

TITLE IB
PARENTAL A?T=ORITA
3hapter $. General Pro'isions
Art. *76. P!rs!ant to the nat!ral right and d!ty of parents o'er the person
and property of their !neman&ipated &hildren( parental a!thority and
responsibility shall in&l!de the &aring for and rearing them for &i'i&
&ons&io!sness and effi&ien&y and the de'elopment of their moral( mental
and physi&al &hara&ter and ell<being. #n%
Art. *$7. Parental a!thority and responsibility may not be reno!n&ed or
transferred e/&ept in the &ases a!thoriCed by la. #+$+a%
Art. *$$. The father and the mother shall .ointly e/er&ise parental a!thority
o'er the persons of their &ommon &hildren. In &ase of disagreement( the
father;s de&ision shall pre'ail( !nless there is a .!di&ial order to the &ontrary.
3hildren shall alays obser'e respe&t and re'eren&e toards their parents
and are obliged to obey them as long as the &hildren are !nder parental
a!thority. #+$$a% &han robles 'irt!al la library
Art. *$*. In &ase of absen&e or death of either parent( the parent present
shall &ontin!e e/er&ising parental a!thority. The remarriage of the s!r'i'ing
parent shall not affe&t the parental a!thority o'er the &hildren( !nless the
&o!rt appoints another person to be the g!ardian of the person or property
of the &hildren. #n%
Art. *$+. In &ase of separation of the parents( parental a!thority shall be
e/er&ised by the parent designated by the 3o!rt. The 3o!rt shall ta9e into
a&&o!nt all rele'ant &onsiderations( espe&ially the &hoi&e of the &hild o'er
se'en years of age( !nless the parent &hosen is !nfit. #n%
Art. *$,. In &ase of death( absen&e or !ns!itability of the parents( s!bstit!te
parental a!thority shall be e/er&ised by the s!r'i'ing grandparent. In &ase
se'eral s!r'i'e( the one designated by the &o!rt( ta9ing into a&&o!nt the
same &onsideration mentioned in the pre&eding arti&le( shall e/er&ise the
a!thority. #+55a%
Art. *$5. No des&endant shall be &ompelled( in a &riminal &ase( to testify
against his parents and grandparents( e/&ept hen s!&h testimony is
indispensable in a &rime against the des&endant or by one parent against the
other. #+$5a%

3hapter *. S!bstit!te and Spe&ial Parental A!thority
Art. *$1. In defa!lt of parents or a .!di&ially appointed g!ardian( the
folloing person shall e/er&ise s!bstit!te parental a!thority o'er the &hild in
the order indi&ated"
#$% The s!r'i'ing grandparent( as pro'ided in Art. *$,)
#*% The oldest brother or sister( o'er tenty<one years of age( !nless
!nfit or dis4!alified) and
#+% The &hild;s a&t!al &!stodian( o'er tenty<one years of age( !nless
!nfit or dis4!alified.
8hene'er the appointment or a .!di&ial g!ardian o'er the property of the
&hild be&omes ne&essary( the same order of preferen&e shall be obser'ed.
#+,6a( +5$a( +5,a%
Art. *$2. In &ase of fo!ndlings( abandoned negle&ted or ab!sed &hildren and
other &hildren similarly sit!ated( parental a!thority shall be entr!sted in
s!mmary .!di&ial pro&eedings to heads of &hildren;s homes( orphanages and
similar instit!tions d!ly a&&redited by the proper go'ernment agen&y. #+$,a%
Art. *$5. The s&hool( its administrators and tea&hers( or the indi'id!al(
entity or instit!tion engaged in &hild are shall ha'e spe&ial parental a!thority
and responsibility o'er the minor &hild hile !nder their s!per'ision(
instr!&tion or &!stody.
A!thority and responsibility shall apply to all a!thoriCed a&ti'ities hether
inside or o!tside the premises of the s&hool( entity or instit!tion. #+,6a%
Art. $*6. Those gi'en the a!thority and responsibility !nder the pre&eding
Arti&le shall be prin&ipally and solidarily liable for damages &a!sed by the
a&ts or omissions of the !neman&ipated minor. The parents( .!di&ial
g!ardians or the persons e/er&ising s!bstit!te parental a!thority o'er said
minor shall be s!bsidiarily liable.
The respe&ti'e liabilities of those referred to in the pre&eding paragraph shall
not apply if it is pro'ed that they e/er&ised the proper diligen&e re4!ired
!nder the parti&!lar &ir&!mstan&es.
All other &ases not &o'ered by this and the pre&eding arti&les shall be
go'erned by the pro'isions of the 3i'il 3ode on 4!asi<deli&ts. #n%

3hapter +. Effe&t of Parental A!thority
?pon the Persons of the 3hildren
Art. **7. The parents and those e/er&ising parental a!thority shall ha'e ith
the respe&t to their !neman&ipated &hildren on ards the folloing rights
and d!ties"
#$% To 9eep them in their &ompany( to s!pport( ed!&ate and instr!&t
them by right pre&ept and good e/ample( and to pro'ide for their
!pbringing in 9eeping ith their means)
#*% To gi'e them lo'e and affe&tion( ad'i&e and &o!nsel(
&ompanionship and !nderstanding)
#+% To pro'ide them ith moral and spirit!al g!idan&e( in&!l&ate in
them honesty( integrity( self<dis&ipline( self<relian&e( ind!stry and
thrift( stim!late their interest in &i'i& affairs( and inspire in them
&omplian&e ith the d!ties of &itiCenship)
#,% To f!rnish them ith good and holesome ed!&ational materials(
s!per'ise their a&ti'ities( re&reation and asso&iation ith others(
prote&t them from bad &ompany( and pre'ent them from a&4!iring
habits detrimental to their health( st!dies and morals)
#5% To represent them in all matters affe&ting their interests)
#1% To demand from them respe&t and obedien&e)
#2% To impose dis&ipline on them as may be re4!ired !nder the
&ir&!mstan&es) and
#5% To perform s!&h other d!ties as are imposed by la !pon parents
and g!ardians. #+$1a%
Art. **$. Parents and other persons e/er&ising parental a!thority shall be
&i'illy liable for the in.!ries and damages &a!sed by the a&ts or omissions of
their !neman&ipated &hildren li'ing in their &ompany and !nder their
parental a!thority s!b.e&t to the appropriate defenses pro'ided by la.
#*$57#*%a and #,%a %
Art. ***. The &o!rts may appoint a g!ardian of the &hild;s property or a
g!ardian ad litem hen the best interests of the &hild so re4!ires. #+$2%
Art. **+. The parents or( in their absen&e or in&apa&ity( the indi'id!al( entity
or instit!tion e/er&ising parental a!thority( may petition the proper &o!rt of
the pla&e here the &hild resides( for an order pro'iding for dis&iplinary
meas!res o'er the &hild. The &hild shall be entitled to the assistan&e of
&o!nsel( either of his &hoi&e or appointed by the &o!rt( and a s!mmary
hearing shall be &ond!&ted herein the petitioner and the &hild shall be
heard.
=oe'er( if in the same pro&eeding the &o!rt finds the petitioner at fa!lt(
irrespe&ti'e of the merits of the petition( or hen the &ir&!mstan&es so
arrant( the &o!rt may also order the depri'ation or s!spension of parental
a!thority or adopt s!&h other meas!res as it may deem .!st and proper.
#+$5a%
Art. **,. The meas!res referred to in the pre&eding arti&le may in&l!de the
&ommitment of the &hild for not more than thirty days in entities or
instit!tions engaged in &hild &are or in &hildren;s homes d!ly a&&redited by
the proper go'ernment agen&y.
The parent e/er&ising parental a!thority shall not interfere ith the &are of
the &hild hene'er &ommitted b!t shall pro'ide for his s!pport. ?pon proper
petition or at its on instan&e( the &o!rt may terminate the &ommitment of
the &hild hene'er .!st and proper. #+6$a%

3hapter ,. Effe&t of Parental A!thority ?pon
the Property of the 3hildren
Art. **5. The father and the mother shall .ointly e/er&ise legal g!ardianship
o'er the property of the !neman&ipated &ommon &hild itho!t the ne&essity
of a &o!rt appointment. In &ase of disagreement( the father;s de&ision shall
pre'ail( !nless there is a .!di&ial order to the &ontrary.
8here the mar9et 'al!e of the property or the ann!al in&ome of the &hild
e/&eeds P57(777( the parent &on&erned shall be re4!ired to f!rnish a bond
in s!&h amo!nt as the &o!rt may determine( b!t not less than ten per
centum #$7E% of the 'al!e of the property or ann!al in&ome( to g!arantee
the performan&e of the obligations pres&ribed for general g!ardians.
A 'erified petition for appro'al of the bond shall be filed in the proper &o!rt
of the pla&e here the &hild resides( or( if the &hild resides in a foreign
&o!ntry( in the proper &o!rt of the pla&e here the property or any part
thereof is sit!ated.
The petition shall be do&9eted as a s!mmary spe&ial pro&eeding in hi&h all
in&idents and iss!es regarding the performan&e of the obligations referred to
in the se&ond paragraph of this Arti&le shall be heard and resol'ed.
The ordinary r!les on g!ardianship shall be merely s!ppletory e/&ept hen
the &hild is !nder s!bstit!te parental a!thority( or the g!ardian is a stranger(
or a parent has remarried( in hi&h &ase the ordinary r!les on g!ardianship
shall apply. #+*7a%
Art. **1. The property of the !neman&ipated &hild earned or a&4!ired ith
his or9 or ind!stry or by onero!s or grat!ito!s title shall belong to the &hild
in onership and shall be de'oted e/&l!si'ely to the latter;s s!pport and
ed!&ation( !nless the title or transfer pro'ides otherise.
The right of the parents o'er the fr!its and in&ome of the &hild;s property
shall be limited primarily to the &hild;s s!pport and se&ondarily to the
&olle&ti'e daily needs of the family. #+*$a( +*+a%
Art. **2. If the parents entr!st the management or administration of any of
their properties to an !neman&ipated &hild( the net pro&eeds of s!&h
property shall belong to the oner. The &hild shall be gi'en a reasonable
monthly alloan&e in an amo!nt not less than that hi&h the oner o!ld
ha'e paid if the administrator ere a stranger( !nless the oner( grants the
entire pro&eeds to the &hild. In any &ase( the pro&eeds th!s gi'e in hole or
in part shall not be &harged to the &hild;s legitime. #+**a%

3hapter 5. S!spension or Termination of Parental A!thority
Art. **5. Parental a!thority terminates permanently"
#$% ?pon the death of the parents)
#*% ?pon the death of the &hild) or
#+% ?pon eman&ipation of the &hild. #+*2a%
Art. **6. ?nless s!bse4!ently re'i'ed by a final .!dgment( parental
a!thority also terminates"
#$% ?pon adoption of the &hild)
#*% ?pon appointment of a general g!ardian)
#+% ?pon .!di&ial de&laration of abandonment of the &hild in a &ase
filed for the p!rpose)
#,% ?pon final .!dgment of a &ompetent &o!rt di'esting the party
&on&erned of parental a!thority) or
#5% ?pon .!di&ial de&laration of absen&e or in&apa&ity of the person
e/er&ising parental a!thority. #+*2a%
Art. *+7. Parental a!thority is s!spended !pon &on'i&tion of the parent or
the person e/er&ising the same of a &rime hi&h &arries ith it the penalty of
&i'il interdi&tion. The a!thority is a!tomati&ally reinstated !pon ser'i&e of
the penalty or !pon pardon or amnesty of the offender. #++7a%
Art. *+$. The &o!rt in an a&tion filed for the p!rpose in a related &ase may
also s!spend parental a!thority if the parent or the person e/er&ising the
same"
#$% Treats the &hild ith e/&essi'e harshness or &r!elty)
#*% Gi'es the &hild &orr!pting orders( &o!nsel or e/ample)
#+% 3ompels the &hild to beg) or
#,% S!b.e&ts the &hild or allos him to be s!b.e&ted to a&ts of
las&i'io!sness.
The gro!nds en!merated abo'e are deemed to in&l!de &ases hi&h ha'e
res!lted from &!lpable negligen&e of the parent or the person e/er&ising
parental a!thority.
If the degree of serio!sness so arrants( or the elfare of the &hild so
demands( the &o!rt shall depri'e the g!ilty party of parental a!thority or
adopt s!&h other meas!res as may be proper !nder the &ir&!mstan&es.
The s!spension or depri'ation may be re'o9ed and the parental a!thority
re'i'ed in a &ase filed for the p!rpose or in the same pro&eeding if the &o!rt
finds that the &a!se therefor has &eased and ill not be repeated. #++a%
Art. *+*. If the person e/er&ising parental a!thority has s!b.e&ted the &hild
or alloed him to be s!b.e&ted to se/!al ab!se( s!&h person shall be
permanently depri'ed by the &o!rt of s!&h a!thority. #n%
Art. *++. The person e/er&ising s!bstit!te parental a!thority shall ha'e the
same a!thority o'er the person of the &hild as the parents.
In no &ase shall the s&hool administrator( tea&her of indi'id!al engaged in
&hild &are e/er&ising spe&ial parental a!thority infli&t &orporal p!nishment
!pon the &hild. #n%

TITLE B
E:AN3IPATION AN0 AGE O- :ADORITA
Art. *+,. Eman&ipation ta9es pla&e by the attainment of ma.ority. ?nless
otherise pro'ided( ma.ority &ommen&es at the age of tenty<one years.
Eman&ipation also ta9es pla&e"
#$% >y the marriage of the minor) or
#*% >y the re&ording in the 3i'il Register of an agreement in a p!bli&
instr!ment e/e&!ted by the parent e/er&ising parental a!thority and
the minor at least eighteen years of age. S!&h eman&ipation shall be
irre'o&able. #+62a( +65a( ,77a( ,7$a%
Art. *+5. The pro'isions go'erning eman&ipation by re&orded agreement
shall also apply to an orphan minor and the person e/er&ising parental
a!thority b!t the agreement m!st be appro'ed by the &o!rt before it is
re&orded. #n%
Art. *+1. Eman&ipation for any &a!se shall terminate parental a!thority o'er
the person and property of the &hild ho shall then be 4!alified and
responsible for all a&ts of &i'il life. #,$*a%
Art. *+2. The ann!lment or de&laration of n!llity of the marriage of a minor
or of the re&orded agreement mentioned in the foregoing. Arti&les *+, and
*+5 shall re'i'e the parental a!thority o'er the minor b!t shall not affe&t
a&ts and transa&tions that too9 pla&e prior to the re&ording of the final
.!dgment in the 3i'il Register. #n%

TITLE BI
S?::ARA D?0I3IAL PRO3EE0INGS IN T=E -A:ILA LA8
3hapter $. Prefatory Pro'isions
Art. *+5. ?ntil modified by the S!preme 3o!rt( the pro&ed!ral r!les pro'ided
for in this Title shall apply as regards separation in fa&t beteen h!sband
and ife( abandonment by one of the other( and in&idents in'ol'ing parental
a!thority. #n%

3hapter *. Separation in -a&t
Art. *+6. 8hen a h!sband and ife are separated in fa&t( or one has
abandoned the other and one of them see9s .!di&ial a!thoriCation for a
transa&tion here the &onsent of the other spo!se is re4!ired by la b!t
s!&h &onsent is ithheld or &annot be obtained( a 'erified petition may be
filed in &o!rt alleging the foregoing fa&ts.
The petition shall atta&h the proposed deed( if any( embodying the
transa&tion( and( if none( shall des&ribe in detail the said transa&tion and
state the reason hy the re4!ired &onsent thereto &annot be se&!red. In any
&ase( the final deed d!ly e/e&!ted by the parties shall be s!bmitted to and
appro'ed by the &o!rt. #n%
Art. *,7. 3laims for damages by either spo!se( e/&ept &osts of the
pro&eedings( may be litigated only in a separate a&tion. #n%
Art. *,$. D!risdi&tion o'er the petition shall( !pon proof of noti&e to the
other spo!se( be e/er&ised by the proper &o!rt a!thoriCed to hear family
&ases( if one e/ists( or in the regional trial &o!rt or its e4!i'alent sitting in
the pla&e here either of the spo!ses resides. #n%
Art. *,*. ?pon the filing of the petition( the &o!rt shall notify the other
spo!se( hose &onsent to the transa&tion is re4!ired( of said petition(
ordering said spo!se to sho &a!se hy the petition sho!ld not be granted(
on or before the date set in said noti&e for the initial &onferen&e. The noti&e
shall be a&&ompanied by a &opy of the petition and shall be ser'ed at the
last 9non address of the spo!se &on&erned. #n%
Art. *,+. A preliminary &onferen&e shall be &ond!&ted by the .!dge
personally itho!t the parties being assisted by &o!nsel. After the initial
&onferen&e( if the &o!rt deems it !sef!l( the parties may be assisted by
&o!nsel at the s!&&eeding &onferen&es and hearings. #n%
Art. *,,. In &ase of non<appearan&e of the spo!se hose &onsent is so!ght(
the &o!rt shall in4!ire into the reasons for his fail!re to appear( and shall
re4!ire s!&h appearan&e( if possible. #n%
Art. *,5. If( despite all efforts( the attendan&e of the non<&onsenting spo!se
is not se&!red( the &o!rt may pro&eed e/ parte and render .!dgment as the
fa&ts and &ir&!mstan&es may arrant. In any &ase( the .!dge shall endea'or
to prote&t the interests of the non<appearing spo!se. #n%
Art. *,1. If the petition is not resol'ed at the initial &onferen&e( said petition
shall be de&ided in a s!mmary hearing on the basis of affida'its(
do&!mentary e'iden&e or oral testimonies at the so!nd dis&retion of the
&o!rt. If testimony is needed( the &o!rt shall spe&ify the itnesses to be
heard and the s!b.e&t<matter of their testimonies( dire&ting the parties to
present said itnesses. #n%
Art. *,2. The .!dgment of the &o!rt shall be immediately final and
e/e&!tory. #n%
Art. *,5. The petition for .!di&ial a!thority to administer or en&!mber
spe&ifi& separate property of the abandoning spo!se and to !se the fr!its or
pro&eeds thereof for the s!pport of the family shall also be go'erned by
these r!les. #n%

3hapter +. In&idents In'ol'ing Parental A!thority
Art. *,6. Petitions filed !nder Arti&les **+( **5 and *+5 of this 3ode
in'ol'ing parental a!thority shall be 'erified. #n%
Art. *57. S!&h petitions shall be 'erified and filed in the proper &o!rt of the
pla&e here the &hild resides. #n%
Art. *5$. ?pon the filing of the petition( the &o!rt shall notify the parents or(
in their absen&e or in&apa&ity( the indi'id!als( entities or instit!tions
e/er&ising parental a!thority o'er the &hild. #n%
Art. *5*. The r!les in 3hapter * hereof shall also go'ern s!mmary
pro&eedings !nder this 3hapter insofar as they are appli&able. #n%

3hapter ,. Other :atters S!b.e&t to S!mmary Pro&eedings
Art. *5+. The foregoing r!les in 3hapters * and + hereof shall li9eise
go'ern s!mmary pro&eedings filed !nder Arti&les ,$( 5$( 16( 2+( 61( $*,
and $*2( insofar as they are appli&able. #n%

TITLE BII
-INAL PRO@ISIONS
Art. *5,. Titles III( I@( @( @I( @III( IB( BI( and B@ of >oo9 $ of Rep!bli& A&t
No. +51( otherise 9non as the 3i'il 3ode of the Philippines( as amended(
and Arti&les $2( $5( $6( *2( *5( *6( +7( +$( +6( ,7( ,$( and ,* of
Presidential 0e&ree No. 17+( otherise 9non as the 3hild and Ao!th
8elfare 3ode( as amended( and all las( de&rees( e/e&!ti'e orders(
pro&lamations( r!les and reg!lations( or parts thereof( in&onsistent hereith
are hereby repealed.
Art. *55. If any pro'ision of this 3ode is held in'alid( all the other pro'isions
not affe&ted thereby shall remain 'alid.
Art. *51. This 3ode shall ha'e retroa&ti'e effe&t insofar as it does not
pre.!di&e or impair 'ested or a&4!ired rights in a&&ordan&e ith the 3i'il
3ode or other las.
Art. *52. This 3ode shall ta9e effe&t one year after the &ompletion of its
p!bli&ation in a nespaper of general &ir&!lation( as &ertified by the
E/e&!ti'e Se&retary( Offi&e of the President.
0one in the 3ity of :anila( this 1th day of D!ly( in the year of O!r Lord(
nineteen h!ndred and eighty<se'en.