THE FAMILY CODE OF THE PHILIPPINES

I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested

in me by the Constitution, do hereby order nd promul!te the "mily Code of the
Philippines, s follows#
TITLE I
MARRIAGE
Chapter 1. Requisites o Marria!e
Art. $. %rri!e is spe&il &ontr&t of permnent union between mn nd womn
entered into in &&ordn&e with lw for the estblishment of &on'u!l nd fmily life. It
is the foundtion of the fmily nd n inviolble so&il institution whose nture,
&onse(uen&es, nd in&idents re !overned by lw nd not sub'e&t to stipultion,
e)&ept tht mrri!e settlements my fi) the property reltions durin! the mrri!e
within the limits provided by this Code. *+,-
Art. ,. No mrri!e shll be vlid, unless these essentil re(uisites re present#
*$- .e!l &p&ity of the &ontr&tin! prties who must be mle nd femle/
nd
*,- Consent freely !iven in the presen&e of the solemni0in! offi&er. *+1-
Art. 1. 2he forml re(uisites of mrri!e re#
*$- Authority of the solemni0in! offi&er/
*,- A vlid mrri!e li&ense e)&ept in the &ses provided for in Chpter , of this
2itle/ nd
*1- A mrri!e &eremony whi&h t3es pl&e with the ppern&e of the
&ontr&tin! prties before the solemni0in! offi&er nd their personl de&lrtion
tht they t3e e&h other s husbnd nd wife in the presen&e of not less thn
two witnesses of le!l !e. *+1, ++-
Art. 4. 2he bsen&e of ny of the essentil or forml re(uisites shll render the
mrri!e void b initio, e)&ept s stted in Arti&le 1+ *,-.
A defe&t in ny of the essentil re(uisites shll not ffe&t the vlidity of the mrri!e but
the prty or prties responsible for the irre!ulrity shll be &ivilly, &riminlly nd
dministrtively lible. *n-
Art. +. Any mle or femle of the !e of ei!hteen yers or upwrds not under ny of
the impediments mentioned in Arti&les 15 nd 16, my &ontr&t mrri!e. *+4-
Art. 7. No pres&ribed form or reli!ious rite for the solemni0tion of the mrri!e is
re(uired. It shll be ne&essry, however, for the &ontr&tin! prties to pper
personlly before the solemni0in! offi&er nd de&lre in the presen&e of not less thn
two witnesses of le!l !e tht they t3e e&h other s husbnd nd wife. 2his
de&lrtion shll be &ontined in the mrri!e &ertifi&te whi&h shll be si!ned by the
&ontr&tin! prties nd their witnesses nd ttested by the solemni0in! offi&er.
In &se of mrri!e in rti&ulo mortis, when the prty t the point of deth is unble
to si!n the mrri!e &ertifi&te, it shll be suffi&ient for one of the witnesses to the
mrri!e to write the nme of sid prty, whi&h f&t shll be ttested by the
solemni0in! offi&er. *++-
Art. 5. %rri!e my be solemni0ed by#
*$- Any in&umbent member of the 'udi&iry within the &ourt8s 'urisdi&tion/
*,- Any priest, rbbi, imm, or minister of ny &hur&h or reli!ious se&t duly
uthori0ed by his &hur&h or reli!ious se&t nd re!istered with the &ivil re!istrr
!enerl, &tin! within the limits of the written uthority !rnted by his &hur&h or
reli!ious se&t nd provided tht t lest one of the &ontr&tin! prties belon!s to
the solemni0in! offi&er8s &hur&h or reli!ious se&t/
*1- Any ship &ptin or irplne &hief only in the &se mentioned in Arti&le 1$/
*4- Any militry &ommnder of unit to whi&h &hplin is ssi!ned, in the
bsen&e of the ltter, durin! militry opertion, li3ewise only in the &ses
mentioned in Arti&le 1,/
*+- Any &onsul9!enerl, &onsul or vi&e9&onsul in the &se provided in Arti&le $:.
*+7-
Arti&le. 6. 2he mrri!e shll be solemni0ed publi&ly in the &hmbers of the 'ud!e or in
open &ourt, in the &hur&h, &hpel or temple, or in the offi&e the &onsul9!enerl, &onsul
or vi&e9&onsul, s the &se my be, nd not elsewhere, e)&ept in &ses of mrri!es
&ontr&ted on the point of deth or in remote pl&es in &&ordn&e with Arti&le ,; of
this Code, or where both of the prties re(uest the solemni0in! offi&er in writin! in
whi&h &se the mrri!e my be solemni0ed t house or pl&e desi!nted by them
in sworn sttement to tht effe&t. *+5-
Art. ;. A mrri!e li&ense shll be issued by the lo&l &ivil re!istrr of the &ity or
muni&iplity where either &ontr&tin! prty hbitully resides, e)&ept in mrri!es
where no li&ense is re(uired in &&ordn&e with Chpter , of this 2itle *+6-
Art. $:. %rri!es between "ilipino &iti0ens brod my be solemni0ed by &onsul9
!enerl, &onsul or vi&e9&onsul of the Republi& of the Philippines. 2he issun&e of the
mrri!e li&ense nd the duties of the lo&l &ivil re!istrr nd of the solemni0in! offi&er
with re!rd to the &elebrtion of mrri!e shll be performed by sid &onsulr offi&il.
*5+-
Art. $$. <here mrri!e li&ense is re(uired, e&h of the &ontr&tin! prties shll file
seprtely sworn ppli&tion for su&h li&ense with the proper lo&l &ivil re!istrr
whi&h shll spe&ify the followin!#
*$- "ull nme of the &ontr&tin! prty/
*,- Pl&e of birth/
*1- A!e nd dte of birth/
*4- Civil sttus/
*+- If previously mrried, how, when nd where the previous mrri!e ws
dissolved or nnulled/
*7- Present residen&e nd &iti0enship/
*5- =e!ree of reltionship of the &ontr&tin! prties/
*6- "ull nme, residen&e nd &iti0enship of the fther/
*;- "ull nme, residen&e nd &iti0enship of the mother/ nd
*$:- "ull nme, residen&e nd &iti0enship of the !urdin or person hvin!
&hr!e, in &se the &ontr&tin! prty hs neither fther nor mother nd is under
the !e of twenty9one yers.
2he ppli&nts, their prents or !urdins shll not be re(uired to e)hibit their
residen&e &ertifi&tes in ny formlity in &onne&tion with the se&urin! of the mrri!e
li&ense. *+;-
Art. $,. 2he lo&l &ivil re!istrr, upon re&eivin! su&h ppli&tion, shll re(uire the
presenttion of the ori!inl birth &ertifi&tes or, in defult thereof, the bptisml
&ertifi&tes of the &ontr&tin! prties or &opies of su&h do&uments duly ttested by the
persons hvin! &ustody of the ori!inls. 2hese &ertifi&tes or &ertified &opies of the
do&uments by this Arti&le need not be sworn to nd shll be e)empt from the
do&umentry stmp t). 2he si!nture nd offi&il title of the person issuin! the
&ertifi&te shll be suffi&ient proof of its uthenti&ity. lwphi$.net
If either of the &ontr&tin! prties is unble to produ&e his birth or bptisml &ertifi&te
or &ertified &opy of either be&use of the destru&tion or loss of the ori!inl or if it is
shown by n ffidvit of su&h prty or of ny other person tht su&h birth or bptisml
&ertifi&te hs not yet been re&eived thou!h the sme hs been re(uired of the person
hvin! &ustody thereof t lest fifteen dys prior to the dte of the ppli&tion, su&h
prty my furnish in lieu thereof his &urrent residen&e &ertifi&te or n instrument
drwn up nd sworn to before the lo&l &ivil re!istrr &on&erned or ny publi& offi&il
uthori0ed to dminister oths. >u&h instrument shll &ontin the sworn de&lrtion of
two witnesses of lwful !e, settin! forth the full nme, residen&e nd &iti0enship of
su&h &ontr&tin! prty nd of his or her prents, if 3nown, nd the pl&e nd dte of
birth of su&h prty. 2he nerest of 3in of the &ontr&tin! prties shll be preferred s
witnesses, or, in their defult, persons of !ood reputtion in the provin&e or the
lo&lity. lwphi$.net
2he presenttion of birth or bptisml &ertifi&te shll not be re(uired if the prents of
the &ontr&tin! prties pper personlly before the lo&l &ivil re!istrr &on&erned nd
swer to the &orre&tness of the lwful !e of sid prties, s stted in the ppli&tion,
or when the lo&l &ivil re!istrr shll, by merely loo3in! t the ppli&nts upon their
personlly pperin! before him, be &onvin&ed tht either or both of them hve the
re(uired !e. *7:-
Art. $1. In &se either of the &ontr&tin! prties hs been previously mrried, the
ppli&nt shll be re(uired to furnish, insted of the birth or bptisml &ertifi&te
re(uired in the lst pre&edin! rti&le, the deth &ertifi&te of the de&esed spouse or
the 'udi&il de&ree of the bsolute divor&e, or the 'udi&il de&ree of nnulment or
de&lrtion of nullity of his or her previous mrri!e.
In &se the deth &ertifi&te &nnot be se&ured, the prty shll m3e n ffidvit
settin! forth this &ir&umstn&e nd his or her &tul &ivil sttus nd the nme nd dte
of deth of the de&esed spouse. *7$-
Art. $4. In &se either or both of the &ontr&tin! prties, not hvin! been emn&ipted
by previous mrri!e, re between the !es of ei!hteen nd twenty9one, they shll,
in ddition to the re(uirements of the pre&edin! rti&les, e)hibit to the lo&l &ivil
re!istrr, the &onsent to their mrri!e of their fther, mother, survivin! prent or
!urdin, or persons hvin! le!l &hr!e of them, in the order mentioned. >u&h
&onsent shll be mnifested in writin! by the interested prty, who personlly ppers
before the proper lo&l &ivil re!istrr, or in the form of n ffidvit mde in the presen&e
of two witnesses nd ttested before ny offi&il uthori0ed by lw to dminister oths.
2he personl mnifesttion shll be re&orded in both ppli&tions for mrri!e li&ense,
nd the ffidvit, if one is e)e&uted insted, shll be tt&hed to sid ppli&tions.
*7$-
Art. $+. Any &ontr&tin! prty between the !e of twenty9one nd twenty9five shll be
obli!ed to s3 their prents or !urdin for dvi&e upon the intended mrri!e. If they
do not obtin su&h dvi&e, or if it be unfvorble, the mrri!e li&ense shll not be
issued till fter three months followin! the &ompletion of the publi&tion of the
ppli&tion therefor. A sworn sttement by the &ontr&tin! prties to the effe&t tht su&h
dvi&e hs been sou!ht, to!ether with the written dvi&e !iven, if ny, shll be
tt&hed to the ppli&tion for mrri!e li&ense. >hould the prents or !urdin refuse
to !ive ny dvi&e, this f&t shll be stted in the sworn sttement. *7,-
Art. $7. In the &ses where prentl &onsent or prentl dvi&e is needed, the prty or
prties &on&erned shll, in ddition to the re(uirements of the pre&edin! rti&les, tt&h
&ertifi&te issued by priest, imm or minister uthori0ed to solemni0e mrri!e
under Arti&le 5 of this Code or mrri!e &ounsellor duly &&redited by the proper
!overnment !en&y to the effe&t tht the &ontr&tin! prties hve under!one mrri!e
&ounsellin!. "ilure to tt&h sid &ertifi&tes of mrri!e &ounsellin! shll suspend
the issun&e of the mrri!e li&ense for period of three months from the &ompletion
of the publi&tion of the ppli&tion. Issun&e of the mrri!e li&ense within the
prohibited period shll sub'e&t the issuin! offi&er to dministrtive sn&tions but shll
not ffe&t the vlidity of the mrri!e.
>hould only one of the &ontr&tin! prties need prentl &onsent or prentl dvi&e,
the other prty must be present t the &ounsellin! referred to in the pre&edin!
pr!rph. *n-
Art. $5. 2he lo&l &ivil re!istrr shll prepre noti&e whi&h shll &ontin the full nmes
nd residen&es of the ppli&nts for mrri!e li&ense nd other dt !iven in the
ppli&tions. 2he noti&e shll be posted for ten &onse&utive dys on bulletin bord
outside the offi&e of the lo&l &ivil re!istrr lo&ted in &onspi&ous pl&e within the
buildin! nd &&essible to the !enerl publi&. 2his noti&e shll re(uest ll persons
hvin! 3nowled!e of ny impediment to the mrri!e to dvise the lo&l &ivil re!istrr
thereof. 2he mrri!e li&ense shll be issued fter the &ompletion of the period of
publi&tion. *71-
Art. $6. In &se of ny impediment 3nown to the lo&l &ivil re!istrr or brou!ht to his
ttention, he shll note down the prti&ulrs thereof nd his findin!s thereon in the
ppli&tion for mrri!e li&ense, but shll nonetheless issue sid li&ense fter the
&ompletion of the period of publi&tion, unless ordered otherwise by &ompetent &ourt
t his own instn&e or tht of ny interest prty. No filin! fee shll be &hr!ed for the
petition nor &orrespondin! bond re(uired for the issun&es of the order. *74-
Art. $;. 2he lo&l &ivil re!istrr shll re(uire the pyment of the fees pres&ribed by lw
or re!ultions before the issun&e of the mrri!e li&ense. No other sum shll be
&olle&ted in the nture of fee or t) of ny 3ind for the issun&e of sid li&ense. It
shll, however, be issued free of &hr!e to indi!ent prties, tht is those who hve no
visible mens of in&ome or whose in&ome is insuffi&ient for their subsisten&e f&t
estblished by their ffidvit, or by their oth before the lo&l &ivil re!istrr. *7+-
Art. ,:. 2he li&ense shll be vlid in ny prt of the Philippines for period of one
hundred twenty dys from the dte of issue, nd shll be deemed utomti&lly
&n&elled t the e)pirtion of the sid period if the &ontr&tin! prties hve not mde
use of it. 2he e)piry dte shll be stmped in bold &hr&ters on the f&e of every
li&ense issued. *7+-
Art. ,$. <hen either or both of the &ontr&tin! prties re &iti0ens of forei!n &ountry,
it shll be ne&essry for them before mrri!e li&ense &n be obtined, to submit
&ertifi&te of le!l &p&ity to &ontr&t mrri!e, issued by their respe&tive diplomti&
or &onsulr offi&ils.
>tteless persons or refu!ees from other &ountries shll, in lieu of the &ertifi&te of
le!l &p&ity herein re(uired, submit n ffidvit sttin! the &ir&umstn&es showin!
su&h &p&ity to &ontr&t mrri!e. *77-
Art. ,,. 2he mrri!e &ertifi&te, in whi&h the prties shll de&lre tht they t3e e&h
other s husbnd nd wife, shll lso stte#
*$- 2he full nme, se) nd !e of e&h &ontr&tin! prty/
*,- 2heir &iti0enship, reli!ion nd hbitul residen&e/
*1- 2he dte nd pre&ise time of the &elebrtion of the mrri!e/
*4- 2ht the proper mrri!e li&ense hs been issued &&ordin! to lw, e)&ept in
mrri!e provided for in Chpter , of this 2itle/
*+- 2ht either or both of the &ontr&tin! prties hve se&ured the prentl
&onsent in pproprite &ses/
*7- 2ht either or both of the &ontr&tin! prties hve &omplied with the le!l
re(uirement re!rdin! prentl dvi&e in pproprite &ses/ nd
*5- 2ht the prties hve entered into mrri!e settlement, if ny, tt&hin!
&opy thereof. *75-
Art. ,1. It shll be the duty of the person solemni0in! the mrri!e to furnish either of
the &ontr&tin! prties the ori!inl of the mrri!e &ertifi&te referred to in Arti&le 7 nd
to send the dupli&te nd tripli&te &opies of the &ertifi&te not lter thn fifteen dys
fter the mrri!e, to the lo&l &ivil re!istrr of the pl&e where the mrri!e ws
solemni0ed. Proper re&eipts shll be issued by the lo&l &ivil re!istrr to the
solemni0in! offi&er trnsmittin! &opies of the mrri!e &ertifi&te. 2he solemni0in!
offi&er shll retin in his file the (udrupli&te &opy of the mrri!e &ertifi&te, the &opy
of the mrri!e &ertifi&te, the ori!inl of the mrri!e li&ense nd, in proper &ses, the
ffidvit of the &ontr&tin! prty re!rdin! the solemni0tion of the mrri!e in pl&e
other thn those mentioned in Arti&le 6. *76-
Art. ,4. It shll be the duty of the lo&l &ivil re!istrr to prepre the do&uments re(uired
by this 2itle, nd to dminister oths to ll interested prties without ny &hr!e in both
&ses. 2he do&uments nd ffidvits filed in &onne&tion with ppli&tions for mrri!e
li&enses shll be e)empt from do&umentry stmp t). *n-
Art. ,+. 2he lo&l &ivil re!istrr &on&erned shll enter ll ppli&tions for mrri!e
li&enses filed with him in re!istry boo3 stri&tly in the order in whi&h the sme re
re&eived. ?e shll re&ord in sid boo3 the nmes of the ppli&nts, the dte on whi&h
the mrri!e li&ense ws issued, nd su&h other dt s my be ne&essry. *n-
Art. ,7. All mrri!es solemni0ed outside the Philippines, in &&ordn&e with the lws
in for&e in the &ountry where they were solemni0ed, nd vlid there s su&h, shll lso
be vlid in this &ountry, e)&ept those prohibited under Arti&les 1+ *$-, *4-, *+- nd *7-,
1715 nd 16. *$5-
<here mrri!e between "ilipino &iti0en nd forei!ner is vlidly &elebrted nd
divor&e is therefter vlidly obtined brod by the lien spouse &p&ittin! him or
her to remrry, the "ilipino spouse shll hve &p&ity to remrry under Philippine lw.
*As mended by @)e&utive Order ,,5-
Chapter ". Marria!es E#e$pte% ro$ Li&e'se Require$e't
Art. ,5. In &se either or both of the &ontr&tin! prties re t the point of deth, the
mrri!e my be solemni0ed without ne&essity of mrri!e li&ense nd shll remin
vlid even if the ilin! prty subse(uently survives. *5,-
Art. ,6. If the residen&e of either prty is so lo&ted tht there is no mens of
trnsporttion to enble su&h prty to pper personlly before the lo&l &ivil re!istrr,
the mrri!e my be solemni0ed without ne&essity of mrri!e li&ense. *5,-
Art. ,;. In the &ses provided for in the two pre&edin! rti&les, the solemni0in! offi&er
shll stte in n ffidvit e)e&uted before the lo&l &ivil re!istrr or ny other person
le!lly uthori0ed to dminister oths tht the mrri!e ws performed in rti&ulo
mortis or tht the residen&e of either prty, spe&ifyin! the brrio or brn!y, is so
lo&ted tht there is no mens of trnsporttion to enble su&h prty to pper
personlly before the lo&l &ivil re!istrr nd tht the offi&er too3 the ne&essry steps
to s&ertin the !es nd reltionship of the &ontr&tin! prties nd the bsen&e of
le!l impediment to the mrri!e. *5,-
Art. 1:. 2he ori!inl of the ffidvit re(uired in the lst pre&edin! rti&le, to!ether with
the le!ible &opy of the mrri!e &ontr&t, shll be sent by the person solemni0in! the
mrri!e to the lo&l &ivil re!istrr of the muni&iplity where it ws performed within the
period of thirty dys fter the performn&e of the mrri!e. *5+-
Art. 1$. A mrri!e in rti&ulo mortis between pssen!ers or &rew members my lso
be solemni0ed by ship &ptin or by n irplne pilot not only while the ship is t se
or the plne is in fli!ht, but lso durin! stopovers t ports of &ll. *54-
Art. 1,. A militry &ommnder of unit, who is &ommissioned offi&er, shll li3ewise
hve uthority to solemni0e mrri!es in rti&ulo mortis between persons within the
0one of militry opertion, whether members of the rmed for&es or &ivilins. *54-
Art. 11. %rri!es mon! %uslims or mon! members of the ethni& &ulturl
&ommunities my be performed vlidly without the ne&essity of mrri!e li&ense,
provided they re solemni0ed in &&ordn&e with their &ustoms, rites or pr&ti&es.
*56-
Art. 14. No li&ense shll be ne&essry for the mrri!e of mn nd womn who
hve lived to!ether s husbnd nd wife for t lest five yers nd without ny le!l
impediment to mrry e&h other. 2he &ontr&tin! prties shll stte the fore!oin! f&ts
in n ffidvit before ny person uthori0ed by lw to dminister oths. 2he
solemni0in! offi&er shll lso stte under oth tht he s&ertined the (ulifi&tions of
the &ontr&tin! prties re found no le!l impediment to the mrri!e. *57-
Chapter (. )oi% a'% )oi%a*+e Marria!es
Art. 1+. 2he followin! mrri!es shll be void from the be!innin!#
*$- 2hose &ontr&ted by ny prty below ei!hteen yers of !e even with the
&onsent of prents or !urdins/
*,- 2hose solemni0ed by ny person not le!lly uthori0ed to perform mrri!es
unless su&h mrri!es were &ontr&ted with either or both prties believin! in
!ood fith tht the solemni0in! offi&er hd the le!l uthority to do so/
*1- 2hose solemni0ed without li&ense, e)&ept those &overed the pre&edin!
Chpter/
*4- 2hose bi!mous or poly!mous mrri!es not filin! under Arti&le 4$/
*+- 2hose &ontr&ted throu!h mist3e of one &ontr&tin! prty s to the identity
of the other/ nd
*7- 2hose subse(uent mrri!es tht re void under Arti&le +1.
Art. 17. A mrri!e &ontr&ted by ny prty who, t the time of the &elebrtion, ws
psy&holo!i&lly in&p&itted to &omply with the essentil mritl obli!tions of
mrri!e, shll li3ewise be void even if su&h in&p&ity be&omes mnifest only fter its
solemni0tion. *As mended by @)e&utive Order ,,5-
Art. 15. %rri!es between the followin! re in&estuous nd void from the be!innin!,
whether reltionship between the prties be le!itimte or ille!itimte#
*$- Aetween s&endnts nd des&endnts of ny de!ree/ nd
*,- Aetween brothers nd sisters, whether of the full or hlf blood. *6$-
Art. 16. 2he followin! mrri!es shll be void from the be!innin! for resons of publi&
poli&y#
*$- Aetween &ollterl blood reltives whether le!itimte or ille!itimte, up to the
fourth &ivil de!ree/
*,- Aetween step9prents nd step9&hildren/
*1- Aetween prents9in9lw nd &hildren9in9lw/
*4- Aetween the doptin! prent nd the dopted &hild/
*+- Aetween the survivin! spouse of the doptin! prent nd the dopted &hild/
*7- Aetween the survivin! spouse of the dopted &hild nd the dopter/
*5- Aetween n dopted &hild nd le!itimte &hild of the dopter/
*6- Aetween dopted &hildren of the sme dopter/ nd
*;- Aetween prties where one, with the intention to mrry the other, 3illed tht
other person8s spouse, or his or her own spouse. *6,-
Art. 1;. 2he &tion or defense for the de&lrtion of bsolute nullity shll not pres&ribe.
?owever, in &se of mrri!e &elebrted before the effe&tivity of this Code nd fllin!
under Arti&le 17, su&h &tion or defense shll pres&ribe in ten yers fter this Code
shll t3en effe&t. *As mended by @)e&utive Order ,,5- *n-
Art. 4:. 2he bsolute nullity of previous mrri!e my be invo3ed for purposes of
remrri!e on the bsis solely of finl 'ud!ment de&lrin! su&h previous mrri!e
void. *n-.
Art. 4$. A mrri!e &ontr&ted by ny person durin! subsisten&e of previous
mrri!e shll be null nd void, unless before the &elebrtion of the subse(uent
mrri!e, the prior spouse hd been bsent for four &onse&utive yers nd the spouse
present hs well9founded belief tht the bsent spouse ws lredy ded. In &se of
disppern&e where there is dn!er of deth under the &ir&umstn&es set forth in the
provisions of Arti&le 1;$ of the Civil Code, n bsen&e of only two yers shll be
suffi&ient.
"or the purpose of &ontr&tin! the subse(uent mrri!e under the pre&edin!
pr!rph the spouse present must institute summry pro&eedin! s provided in this
Code for the de&lrtion of presumptive deth of the bsentee, without pre'udi&e to the
effe&t of reppern&e of the bsent spouse. *61-
Art. 4,. 2he subse(uent mrri!e referred to in the pre&edin! Arti&le shll be
utomti&lly terminted by the re&ordin! of the ffidvit of reppern&e of the bsent
spouse, unless there is 'ud!ment nnullin! the previous mrri!e or de&lrin! it void
b initio.
A sworn sttement of the f&t nd &ir&umstn&es of reppern&e shll be re&orded in
the &ivil re!istry of the residen&e of the prties to the subse(uent mrri!e t the
instn&e of ny interested person, with due noti&e to the spouses of the subse(uent
mrri!e nd without pre'udi&e to the f&t of reppern&e bein! 'udi&illy determined
in &se su&h f&t is disputed. *n-
Art. 41. 2he termintion of the subse(uent mrri!e referred to in the pre&edin! Arti&le
shll produ&e the followin! effe&ts#
*$- 2he &hildren of the subse(uent mrri!e &on&eived prior to its termintion
shll be &onsidered le!itimte/
*,- 2he bsolute &ommunity of property or the &on'u!l prtnership, s the &se
my be, shll be dissolved nd li(uidted, but if either spouse &ontr&ted sid
mrri!e in bd fith, his or her shre of the net profits of the &ommunity
property or &on'u!l prtnership property shll be forfeited in fvor of the
&ommon &hildren or, if there re none, the &hildren of the !uilty spouse by
previous mrri!e or in defult of &hildren, the inno&ent spouse/
*1- =ontions by reson of mrri!e shll remin vlid, e)&ept tht if the donee
&ontr&ted the mrri!e in bd fith, su&h dontions mde to sid donee re
revo3ed by opertion of lw/
*4- 2he inno&ent spouse my revo3e the desi!ntion of the other spouse who
&ted in bd fith s benefi&iry in ny insurn&e poli&y, even if su&h desi!ntion
be stipulted s irrevo&ble/ nd
*+- 2he spouse who &ontr&ted the subse(uent mrri!e in bd fith shll be
dis(ulified to inherit from the inno&ent spouse by testte nd intestte
su&&ession. *n-
Art. 44. If both spouses of the subse(uent mrri!e &ted in bd fith, sid mrri!e
shll be void b initio nd ll dontions by reson of mrri!e nd testmentry
dispositions mde by one in fvor of the other re revo3ed by opertion of lw. *n-
Art. 4+. A mrri!e my be nnulled for ny of the followin! &uses, e)istin! t the time
of the mrri!e#
*$- 2ht the prty in whose behlf it is sou!ht to hve the mrri!e nnulled ws
ei!hteen yers of !e or over but below twenty9one, nd the mrri!e ws
solemni0ed without the &onsent of the prents, !urdin or person hvin!
substitute prentl uthority over the prty, in tht order, unless fter ttinin!
the !e of twenty9one, su&h prty freely &ohbited with the other nd both lived
to!ether s husbnd nd wife/
*,- 2ht either prty ws of unsound mind, unless su&h prty fter &omin! to
reson, freely &ohbited with the other s husbnd nd wife/
*1- 2ht the &onsent of either prty ws obtined by frud, unless su&h prty
fterwrds, with full 3nowled!e of the f&ts &onstitutin! the frud, freely
&ohbited with the other s husbnd nd wife/
*4- 2ht the &onsent of either prty ws obtined by for&e, intimidtion or undue
influen&e, unless the sme hvin! disppered or &esed, su&h prty therefter
freely &ohbited with the other s husbnd nd wife/
*+- 2ht either prty ws physi&lly in&pble of &onsummtin! the mrri!e
with the other, nd su&h in&p&ity &ontinues nd ppers to be in&urble/ or
*7- 2ht either prty ws ffli&ted with se)ully9trnsmissible disese found to
be serious nd ppers to be in&urble. *6+-
Art. 47. Any of the followin! &ir&umstn&es shll &onstitute frud referred to in Number
1 of the pre&edin! Arti&le#
*$- Non9dis&losure of previous &onvi&tion by finl 'ud!ment of the other prty of
&rime involvin! morl turpitude/
*,- Con&elment by the wife of the f&t tht t the time of the mrri!e, she ws
pre!nnt by mn other thn her husbnd/
*1- Con&elment of se)ully trnsmissible disese, re!rdless of its nture,
e)istin! t the time of the mrri!e/ or
*4- Con&elment of dru! ddi&tion, hbitul l&oholism or homose)ulity or
lesbinism e)istin! t the time of the mrri!e.
No other misrepresenttion or de&eit s to &hr&ter, helth, rn3, fortune or &hstity
shll &onstitute su&h frud s will !ive !rounds for &tion for the nnulment of
mrri!e. *67-
Art. 45. 2he &tion for nnulment of mrri!e must be filed by the followin! persons
nd within the periods indi&ted herein#
*$- "or &uses mentioned in number $ of Arti&le 4+ by the prty whose prent or
!urdin did not !ive his or her &onsent, within five yers fter ttinin! the !e
of twenty9one, or by the prent or !urdin or person hvin! le!l &hr!e of the
minor, t ny time before su&h prty hs re&hed the !e of twenty9one/
*,- "or &uses mentioned in number , of Arti&le 4+, by the sme spouse, who
hd no 3nowled!e of the other8s insnity/ or by ny reltive or !urdin or
person hvin! le!l &hr!e of the insne, t ny time before the deth of either
prty, or by the insne spouse durin! lu&id intervl or fter re!inin! snity/
*1- "or &uses mentioned in number 1 of Arti&les 4+, by the in'ured prty, within
five yers fter the dis&overy of the frud/
*4- "or &uses mentioned in number 4 of Arti&le 4+, by the in'ured prty, within
five yers from the time the for&e, intimidtion or undue influen&e disppered or
&esed/
*+- "or &uses mentioned in number + nd 7 of Arti&le 4+, by the in'ured prty,
within five yers fter the mrri!e. *65-
Art. 46. In ll &ses of nnulment or de&lrtion of bsolute nullity of mrri!e, the
Court shll order the prose&utin! ttorney or fis&l ssi!ned to it to pper on behlf of
the >tte to t3e steps to prevent &ollusion between the prties nd to t3e &re tht
eviden&e is not fbri&ted or suppressed.
In the &ses referred to in the pre&edin! pr!rph, no 'ud!ment shll be bsed upon
stipultion of f&ts or &onfession of 'ud!ment. *66-
Art. 4;. =urin! the penden&y of the &tion nd in the bsen&e of de(ute provisions
in written !reement between the spouses, the Court shll provide for the support of
the spouses nd the &ustody nd support of their &ommon &hildren. 2he Court shll
!ive prmount &onsidertion to the morl nd mteril welfre of sid &hildren nd
their &hoi&e of the prent with whom they wish to remin s provided to in 2itle IB. It
shll lso provide for pproprite visittion ri!hts of the other prent. *n-
Art. +:. 2he effe&ts provided for by pr!rphs *,-, *1-, *4- nd *+- of Arti&le 41 nd by
Arti&le 44 shll lso pply in the proper &ses to mrri!es whi&h re de&lred b initio
or nnulled by finl 'ud!ment under Arti&les 4: nd 4+.
2he finl 'ud!ment in su&h &ses shll provide for the li(uidtion, prtition nd
distribution of the properties of the spouses, the &ustody nd support of the &ommon
&hildren, nd the delivery of third presumptive le!itimes, unless su&h mtters hd been
d'udi&ted in previous 'udi&il pro&eedin!s.
All &reditors of the spouses s well s of the bsolute &ommunity or the &on'u!l
prtnership shll be notified of the pro&eedin!s for li(uidtion.
In the prtition, the &on'u!l dwellin! nd the lot on whi&h it is situted, shll be
d'udi&ted in &&ordn&e with the provisions of Arti&les $:, nd $,;.
Art. +$. In sid prtition, the vlue of the presumptive le!itimes of ll &ommon &hildren,
&omputed s of the dte of the finl 'ud!ment of the tril &ourt, shll be delivered in
&sh, property or sound se&urities, unless the prties, by mutul !reement 'udi&illy
pproved, hd lredy provided for su&h mtters.
2he &hildren or their !urdin or the trustee of their property my s3 for the
enfor&ement of the 'ud!ment.
2he delivery of the presumptive le!itimes herein pres&ribed shll in no wy pre'udi&e
the ultimte su&&essionl ri!hts of the &hildren &&ruin! upon the deth of either of
both of the prents/ but the vlue of the properties lredy re&eived under the de&ree
of nnulment or bsolute nullity shll be &onsidered s dvn&es on their le!itime. *n-
Art. +,. 2he 'ud!ment of nnulment or of bsolute nullity of the mrri!e, the prtition
nd distribution of the properties of the spouses nd the delivery of the &hildren8s
presumptive le!itimes shll be re&orded in the pproprite &ivil re!istry nd re!istries
of property/ otherwise, the sme shll not ffe&t third persons. *n-
Art. +1. @ither of the former spouses my mrry !in fter &omplin&e with the
re(uirements of the immeditely pre&edin! Arti&le/ otherwise, the subse(uent mrri!e
shll be null nd void.
Art. +4. Children &on&eived or born before the 'ud!ment of nnulment or bsolute
nullity of the mrri!e under Arti&le 17 hs be&ome finl nd e)e&utory shll be
&onsidered le!itimte. Children &on&eived or born of the subse(uent mrri!e under
Arti&le +1 shll li3ewise be le!itimte.
TITLE II
LEGAL SEPARATION
Art. ++. A petition for le!l seprtion my be filed on ny of the followin! !rounds#
*$- Repeted physi&l violen&e or !rossly busive &ondu&t dire&ted !inst the
petitioner, &ommon &hild, or &hild of the petitioner/
*,- Physi&l violen&e or morl pressure to &ompel the petitioner to &hn!e
reli!ious or politi&l ffilition/
*1- Attempt of respondent to &orrupt or indu&e the petitioner, &ommon &hild, or
&hild of the petitioner, to en!!e in prostitution, or &onnivn&e in su&h
&orruption or indu&ement/
*4- "inl 'ud!ment senten&in! the respondent to imprisonment of more thn si)
yers, even if prdoned/
*+- =ru! ddi&tion or hbitul l&oholism of the respondent/
*7- .esbinism or homose)ulity of the respondent/
*5- Contr&tin! by the respondent of subse(uent bi!mous mrri!e, whether
in the Philippines or brod/
*6- >e)ul infidelity or perversion/
*;- Attempt by the respondent !inst the life of the petitioner/ or
*$:- Abndonment of petitioner by respondent without 'ustifible &use for more
thn one yer.
"or purposes of this Arti&le, the term C&hildC shll in&lude &hild by nture or by
doption. *;-
Art. +7. 2he petition for le!l seprtion shll be denied on ny of the followin!
!rounds#
*$- <here the !!rieved prty hs &ondoned the offense or &t &omplined of/
*,- <here the !!rieved prty hs &onsented to the &ommission of the offense
or &t &omplined of/
*1- <here there is &onnivn&e between the prties in the &ommission of the
offense or &t &onstitutin! the !round for le!l seprtion/
*4- <here both prties hve !iven !round for le!l seprtion/
*+- <here there is &ollusion between the prties to obtin de&ree of le!l
seprtion/ or
*7- <here the &tion is brred by pres&ription. *$::-
Art. +5. An &tion for le!l seprtion shll be filed within five yers from the time of the
o&&urren&e of the &use. *$:,-
Art. +6. An &tion for le!l seprtion shll in no &se be tried before si) months shll
hve elpsed sin&e the filin! of the petition. *$:1-
Art. +;. No le!l seprtion my be de&reed unless the Court hs t3en steps towrd
the re&on&ilition of the spouses nd is fully stisfied, despite su&h efforts, tht
re&on&ilition is hi!hly improbble. *n-
Art. 7:. No de&ree of le!l seprtion shll be bsed upon stipultion of f&ts or
&onfession of 'ud!ment.
In ny &se, the Court shll order the prose&utin! ttorney or fis&l ssi!ned to it to
t3e steps to prevent &ollusion between the prties nd to t3e &re tht the eviden&e
is not fbri&ted or suppressed. *$:$-
Art. 7$. After the filin! of the petition for le!l seprtion, the spouses shll be entitled
to live seprtely from e&h other.
2he &ourt, in the bsen&e of written !reement between the spouses, shll desi!nte
either of them or third person to dminister the bsolute &ommunity or &on'u!l
prtnership property. 2he dministrtor ppointed by the &ourt shll hve the sme
powers nd duties s those of !urdin under the Rules of Court. *$:4-
Art. 7,. =urin! the penden&y of the &tion for le!l seprtion, the provisions of Arti&le
4; shll li3ewise pply to the support of the spouses nd the &ustody nd support of
the &ommon &hildren. *$:+-
Art. 71. 2he de&ree of le!l seprtion shll hve the followin! effe&ts#
*$- 2he spouses shll be entitled to live seprtely from e&h other, but the
mrri!e bonds shll not be severed/
*,- 2he bsolute &ommunity or the &on'u!l prtnership shll be dissolved nd
li(uidted but the offendin! spouse shll hve no ri!ht to ny shre of the net
profits erned by the bsolute &ommunity or the &on'u!l prtnership, whi&h
shll be forfeited in &&ordn&e with the provisions of Arti&le 41*,-/
*1- 2he &ustody of the minor &hildren shll be wrded to the inno&ent spouse,
sub'e&t to the provisions of Arti&le ,$1 of this Code/ nd
*4- 2he offendin! spouse shll be dis(ulified from inheritin! from the inno&ent
spouse by intestte su&&ession. %oreover, provisions in fvor of the offendin!
spouse mde in the will of the inno&ent spouse shll be revo3ed by opertion of
lw. *$:7-
Art. 74. After the finlity of the de&ree of le!l seprtion, the inno&ent spouse my
revo3e the dontions mde by him or by her in fvor of the offendin! spouse, s well
s the desi!ntion of the ltter s benefi&iry in ny insurn&e poli&y, even if su&h
desi!ntion be stipulted s irrevo&ble. 2he revo&tion of the dontions shll be
re&orded in the re!istries of property in the pl&es where the properties re lo&ted.
Alientions, liens nd en&umbrn&es re!istered in !ood fith before the re&ordin! of
the &omplint for revo&tion in the re!istries of property shll be respe&ted. 2he
revo&tion of or &hn!e in the desi!ntion of the insurn&e benefi&iry shll t3e effe&t
upon written notifi&tion thereof to the insured.
2he &tion to revo3e the dontion under this Arti&le must be brou!ht within five yers
from the time the de&ree of le!l seprtion be&ome finl. *$:5-
Art. 7+. If the spouses should re&on&ile, &orrespondin! 'oint mnifesttion under oth
duly si!ned by them shll be filed with the &ourt in the sme pro&eedin! for le!l
seprtion. *n-
Art. 77. 2he re&on&ilition referred to in the pre&edin! Arti&les shll hve the followin!
&onse(uen&es#
*$- 2he le!l seprtion pro&eedin!s, if still pendin!, shll thereby be terminted
t whtever st!e/ nd
*,- 2he finl de&ree of le!l seprtion shll be set side, but the seprtion of
property nd ny forfeiture of the shre of the !uilty spouse lredy effe&ted
shll subsist, unless the spouses !ree to revive their former property re!ime.
2he &ourt8s order &ontinin! the fore!oin! shll be re&orded in the proper &ivil
re!istries. *$:6-
Art. 75. 2he !reement to revive the former property re!ime referred to in the
pre&edin! Arti&le shll be e)e&uted under oth nd shll spe&ify#
*$- 2he properties to be &ontributed new to the restored re!ime/
*,- 2hose to be retined s seprted properties of e&h spouse/ nd
*1- 2he nmes of ll their 3nown &reditors, their ddresses nd the mounts
owin! to e&h.
2he !reement of revivl nd the motion for its pprovl shll be filed with the &ourt in
the sme pro&eedin! for le!l seprtion, with &opies of both furnished to the &reditors
nmed therein. After due herin!, the &ourt shll, in its order, t3e mesure to prote&t
the interest of &reditors nd su&h order shll be re&orded in the proper re!istries of
properties.
2he re&ordin! of the orderin! in the re!istries of property shll not pre'udi&e ny
&reditor not listed or not notified, unless the debtor9spouse hs suffi&ient seprte
properties to stisfy the &reditor8s &lim. *$;+, $:6-
TITLE III
RIGHTS AND O,LIGATIONS ,ET-EEN H.S,AND AND -IFE
Art. 76. 2he husbnd nd wife re obli!ed to live to!ether, observe mutul love,
respe&t nd fidelity, nd render mutul help nd support. *$:;-
Art. 7;. 2he husbnd nd wife shll fi) the fmily domi&ile. In &se of dis!reement,
the &ourt shll de&ide.
2he &ourt my e)empt one spouse from livin! with the other if the ltter should live
brod or there re other vlid nd &ompellin! resons for the e)emption. ?owever,
su&h e)emption shll not pply if the sme is not &omptible with the solidrity of the
fmily. *$$:-
Art. 5:. 2he spouses re 'ointly responsible for the support of the fmily. 2he e)penses
for su&h support nd other &on'u!l obli!tions shll be pid from the &ommunity
property nd, in the bsen&e thereof, from the in&ome or fruits of their seprte
properties. In &se of insuffi&ien&y or bsen&e of sid in&ome or fruits, su&h obli!tions
shll be stisfied from the seprte properties. *$$$-
Art. 5$. 2he mn!ement of the household shll be the ri!ht nd the duty of both
spouses. 2he e)penses for su&h mn!ement shll be pid in &&ordn&e with the
provisions of Arti&le 5:. *$$+-
Art. 5,. <hen one of the spouses ne!le&ts his or her duties to the &on'u!l union or
&ommits &ts whi&h tend to brin! dn!er, dishonor or in'ury to the other or to the fmily,
the !!rieved prty my pply to the &ourt for relief. *$$7-
Art. 51. @ither spouse my e)er&ise ny le!itimte profession, o&&uption, business or
&tivity without the &onsent of the other. 2he ltter my ob'e&t only on vlid, serious,
nd morl !rounds.
In &se of dis!reement, the &ourt shll de&ide whether or not#
*$- 2he ob'e&tion is proper, nd
*,- Aenefit hs o&&urred to the fmily prior to the ob'e&tion or therefter. If the
benefit &&rued prior to the ob'e&tion, the resultin! obli!tion shll be enfor&ed
!inst the seprte property of the spouse who hs not obtined &onsent.
2he fore!oin! provisions shll not pre'udi&e the ri!hts of &reditors who &ted in !ood
fith. *$$5-
TITLE I)
PROPERTY RELATIONS ,ET-EEN H.S,AND AND -IFE
Chapter 1. Ge'era+ Pro/isio's
Art. 54. 2he property reltionship between husbnd nd wife shll be !overned in the
followin! order#
*$- Ay mrri!e settlements e)e&uted before the mrri!e/
*,- Ay the provisions of this Code/ nd
*1- Ay the lo&l &ustom. *$$6-
Art. 5+. 2he future spouses my, in the mrri!e settlements, !ree upon the re!ime of
bsolute &ommunity, &on'u!l prtnership of !ins, &omplete seprtion of property, or
ny other re!ime. In the bsen&e of mrri!e settlement, or when the re!ime !reed
upon is void, the system of bsolute &ommunity of property s estblished in this Code
shll !overn. *$$;-
Art. 57. In order tht ny modifi&tion in the mrri!e settlements my be vlid, it must
be mde before the &elebrtion of the mrri!e, sub'e&t to the provisions of Arti&les 77,
75, $,6, $1+ nd $17. *$,$-
Art. 55. 2he mrri!e settlements nd ny modifi&tion thereof shll be in writin!,
si!ned by the prties nd e)e&uted before the &elebrtion of the mrri!e. 2hey shll
not pre'udi&e third persons unless they re re!istered in the lo&l &ivil re!istry where
the mrri!e &ontr&t is re&orded s well s in the proper re!istries of properties.
*$,,-
Art. 56. A minor who &&ordin! to lw my &ontr&t mrri!e my lso e)e&ute his or
her mrri!e settlements, but they shll be vlid only if the persons desi!nted in
Arti&le $4 to !ive &onsent to the mrri!e re mde prties to the !reement, sub'e&t
to the provisions of 2itle IB of this Code. *$,:-
Art. 5;. "or the vlidity of ny mrri!e settlement e)e&uted by person upon whom
senten&e of &ivil interdi&tion hs been pronoun&ed or who is sub'e&t to ny other
disbility, it shll be indispensble for the !urdin ppointed by &ompetent &ourt to
be mde prty thereto. *$,1-
Art. 6:. In the bsen&e of &ontrry stipultion in mrri!e settlement, the property
reltions of the spouses shll be !overned by Philippine lws, re!rdless of the pl&e
of the &elebrtion of the mrri!e nd their residen&e.
2his rule shll not pply#
*$- <here both spouses re liens/
*,- <ith respe&t to the e)trinsi& vlidity of &ontr&ts ffe&tin! property not
situted in the Philippines nd e)e&uted in the &ountry where the property is
lo&ted/ nd
*1- <ith respe&t to the e)trinsi& vlidity of &ontr&ts entered into in the
Philippines but ffe&tin! property situted in forei!n &ountry whose lws
re(uire different formlities for its e)trinsi& vlidity. *$,4-
Art. 6$. @verythin! stipulted in the settlements or &ontr&ts referred to in the
pre&edin! rti&les in &onsidertion of future mrri!e, in&ludin! dontions between
the prospe&tive spouses mde therein, shll be rendered void if the mrri!e does not
t3e pl&e. ?owever, stipultions tht do not depend upon the &elebrtion of the
mrri!es shll be vlid. *$,+-
Chapter ". Do'atio's *0 Reaso' o Marria!e
Art. 6,. =ontions by reson of mrri!e re those whi&h re mde before its
&elebrtion, in &onsidertion of the sme, nd in fvor of one or both of the future
spouses. *$,7-
Art. 61. 2hese dontions re !overned by the rules on ordinry dontions estblished
in 2itle III of Aoo3 III of the Civil Code, insofr s they re not modified by the followin!
rti&les. *$,5-
Art. 64. If the future spouses !ree upon re!ime other thn the bsolute &ommunity
of property, they &nnot donte to e&h other in their mrri!e settlements more thn
one9fifth of their present property. Any e)&ess shll be &onsidered void.
=ontions of future property shll be !overned by the provisions on testmentry
su&&ession nd the formlities of wills. *$1:-
Art. 6+. =ontions by reson of mrri!e of property sub'e&t to en&umbrn&es shll be
vlid. In &se of fore&losure of the en&umbrn&e nd the property is sold for less thn
the totl mount of the obli!tion se&ured, the donee shll not be lible for the
defi&ien&y. If the property is sold for more thn the totl mount of sid obli!tion, the
donee shll be entitled to the e)&ess. *$1$-
Art. 67. A dontion by reson of mrri!e my be revo3ed by the donor in the followin!
&ses#
*$- If the mrri!e is not &elebrted or 'udi&illy de&lred void b initio e)&ept
dontions mde in the mrri!e settlements, whi&h shll be !overned by Arti&le
6$/
*,- <hen the mrri!e t3es pl&e without the &onsent of the prents or
!urdin, s re(uired by lw/
*1- <hen the mrri!e is nnulled, nd the donee &ted in bd fith/
*4- Upon le!l seprtion, the donee bein! the !uilty spouse/
*+- If it is with resolutory &ondition nd the &ondition is &omplied with/
*7- <hen the donee hs &ommitted n &t of in!rtitude s spe&ified by the
provisions of the Civil Code on dontions in !enerl. *$1,-
Art. 65. @very dontion or !rnt of !rtuitous dvnt!e, dire&t or indire&t, between the
spouses durin! the mrri!e shll be void, e)&ept moderte !ifts whi&h the spouses
my !ive e&h other on the o&&sion of ny fmily re'oi&in!. 2he prohibition shll lso
pply to persons livin! to!ether s husbnd nd wife without vlid mrri!e. *$11-
Chapter (. S0ste$ o A*so+ute Co$$u'it0
Se&tio' 1. Ge'era+ Pro/isio's
Art. 66. 2he bsolute &ommunity of property between spouses shll &ommen&e t the
pre&ise moment tht the mrri!e is &elebrted. Any stipultion, e)press or implied, for
the &ommen&ement of the &ommunity re!ime t ny other time shll be void. *$4+-
Art. 6;. No wiver of ri!hts, shres nd effe&ts of the bsolute &ommunity of property
durin! the mrri!e &n be mde e)&ept in &se of 'udi&il seprtion of property.
<hen the wiver t3es pl&e upon 'udi&il seprtion of property, or fter the
mrri!e hs been dissolved or nnulled, the sme shll pper in publi& instrument
nd shll be re&orded s provided in Arti&le 55. 2he &reditors of the spouse who mde
su&h wiver my petition the &ourt to res&ind the wiver to the e)tent of the mount
suffi&ient to &over the mount of their &redits. *$47-
Art. ;:. 2he provisions on &o9ownership shll pply to the bsolute &ommunity of
property between the spouses in ll mtters not provided for in this Chpter. *n-
Se&tio' ". -hat Co'stitutes Co$$u'it0 Propert0
Art. ;$. Unless otherwise provided in this Chpter or in the mrri!e settlements, the
&ommunity property shll &onsist of ll the property owned by the spouses t the time
of the &elebrtion of the mrri!e or &(uired therefter. *$;5-
Art. ;,. 2he followin! shll be e)&luded from the &ommunity property#
*$- Property &(uired durin! the mrri!e by !rtuitous title by either spouse, nd the
fruits s well s the in&ome thereof, if ny, unless it is e)pressly provided by the donor,
testtor or !rntor tht they shll form prt of the &ommunity property/
*,- Property for personl nd e)&lusive use of either spouse. ?owever, 'ewelry shll
form prt of the &ommunity property/
*1- Property &(uired before the mrri!e by either spouse who hs le!itimte
des&endnts by former mrri!e, nd the fruits s well s the in&ome, if ny, of su&h
property. *,:$-
Art. ;1. Property &(uired durin! the mrri!e is presumed to belon! to the
&ommunity, unless it is proved tht it is one of those e)&luded therefrom. *$7:-
Se&tio' (. Char!es a'% O*+i!atio's o the A*so+ute Co$$u'it0
Art. ;4. 2he bsolute &ommunity of property shll be lible for#
*$- 2he support of the spouses, their &ommon &hildren, nd le!itimte &hildren of
either spouse/ however, the support of ille!itimte &hildren shll be !overned by
the provisions of this Code on >upport/
*,- All debts nd obli!tions &ontr&ted durin! the mrri!e by the desi!nted
dministrtor9spouse for the benefit of the &ommunity, or by both spouses, or by
one spouse with the &onsent of the other/
*1- =ebts nd obli!tions &ontr&ted by either spouse without the &onsent of the
other to the e)tent tht the fmily my hve been benefited/
*4- All t)es, liens, &hr!es nd e)penses, in&ludin! m'or or minor repirs,
upon the &ommunity property/
*+- All t)es nd e)penses for mere preservtion mde durin! mrri!e upon
the seprte property of either spouse used by the fmily/
*7- @)penses to enble either spouse to &ommen&e or &omplete professionl
or vo&tionl &ourse, or other &tivity for self9improvement/
*5- Antenuptil debts of either spouse insofr s they hve redounded to the
benefit of the fmily/
*6- 2he vlue of wht is donted or promised by both spouses in fvor of their
&ommon le!itimte &hildren for the e)&lusive purpose of &ommen&in! or
&ompletin! professionl or vo&tionl &ourse or other &tivity for self9
improvement/
*;- Antenuptil debts of either spouse other thn those fllin! under pr!rph
*5- of this Arti&le, the support of ille!itimte &hildren of either spouse, nd
libilities in&urred by either spouse by reson of &rime or (usi9deli&t, in &se
of bsen&e or insuffi&ien&y of the e)&lusive property of the debtor9spouse, the
pyment of whi&h shll be &onsidered s dvn&es to be dedu&ted from the
shre of the debtor9spouse upon li(uidtion of the &ommunity/ nd
*$:- @)penses of liti!tion between the spouses unless the suit is found to be
!roundless.
If the &ommunity property is insuffi&ient to &over the fore!oin! libilities, e)&ept those
fllin! under pr!rph *;-, the spouses shll be solidrily lible for the unpid bln&e
with their seprte properties. *$7$, $7,, $71, ,:,9,:+-
Art. ;+. <htever my be lost durin! the mrri!e in ny !me of &hn&e, bettin!,
sweepst3es, or ny other 3ind of !mblin!, whether permitted or prohibited by lw,
shll be borne by the loser nd shll not be &hr!ed to the &ommunity but ny
winnin!s therefrom shll form prt of the &ommunity property. *$74-
Se&tio' 1. O2'ership3 A%$i'istrati/e3 E'4o0$e't a'% Dispositio' o the
Co$$u'it0 Propert0
Art. ;7. 2he dministrtion nd en'oyment of the &ommunity property shll belon! to
both spouses 'ointly. In &se of dis!reement, the husbnd8s de&ision shll previl,
sub'e&t to re&ourse to the &ourt by the wife for proper remedy, whi&h must be viled of
within five yers from the dte of the &ontr&t implementin! su&h de&ision.
In the event tht one spouse is in&p&itted or otherwise unble to prti&ipte in the
dministrtion of the &ommon properties, the other spouse my ssume sole powers of
dministrtion. 2hese powers do not in&lude disposition or en&umbrn&e without
uthority of the &ourt or the written &onsent of the other spouse. In the bsen&e of su&h
uthority or &onsent, the disposition or en&umbrn&e shll be void. ?owever, the
trns&tion shll be &onstrued s &ontinuin! offer on the prt of the &onsentin!
spouse nd the third person, nd my be perfe&ted s bindin! &ontr&t upon the
&&eptn&e by the other spouse or uthori0tion by the &ourt before the offer is
withdrwn by either or both offerors. *,:7-
Art. ;5. @ither spouse my dispose by will of his or her interest in the &ommunity
property. *n-
Art. ;6. Neither spouse my donte ny &ommunity property without the &onsent of the
other. ?owever, either spouse my, without the &onsent of the other, m3e moderte
dontions from the &ommunity property for &hrity or on o&&sions of fmily re'oi&in! or
fmily distress. *n-
Se&tio' 5. Disso+utio' o A*so+ute Co$$u'it0 Re!i$e
Art. ;;. 2he bsolute &ommunity termintes#
*$- Upon the deth of either spouse/
*,- <hen there is de&ree of le!l seprtion/
*1- <hen the mrri!e is nnulled or de&lred void/ or
*4- In &se of 'udi&il seprtion of property durin! the mrri!e under Arti&le
$14 to $16. *$5+-
Art. $::. 2he seprtion in f&t between husbnd nd wife shll not ffe&t the re!ime
of bsolute &ommunity e)&ept tht#
*$- 2he spouse who leves the &on'u!l home or refuses to live therein, without
'ust &use, shll not hve the ri!ht to be supported/
*,- <hen the &onsent of one spouse to ny trns&tion of the other is re(uired
by lw, 'udi&il uthori0tion shll be obtined in summry pro&eedin!/
*1- In the bsen&e of suffi&ient &ommunity property, the seprte property of
both spouses shll be solidrily lible for the support of the fmily. 2he spouse
present shll, upon proper petition in summry pro&eedin!, be !iven 'udi&il
uthority to dminister or en&umber ny spe&ifi& seprte property of the other
spouse nd use the fruits or pro&eeds thereof to stisfy the ltter8s shre. *$56-
Art. $:$. If spouse without 'ust &use bndons the other or fils to &omply with his
or her obli!tions to the fmily, the !!rieved spouse my petition the &ourt for
re&eivership, for 'udi&il seprtion of property or for uthority to be the sole
dministrtor of the bsolute &ommunity, sub'e&t to su&h pre&utionry &onditions s
the &ourt my impose.
2he obli!tions to the fmily mentioned in the pre&edin! pr!rph refer to mritl,
prentl or property reltions.
A spouse is deemed to hve bndoned the other when her or she hs left the
&on'u!l dwellin! without intention of returnin!. 2he spouse who hs left the &on'u!l
dwellin! for period of three months or hs filed within the sme period to !ive ny
informtion s to his or her wherebouts shll be prim f&ie presumed to hve no
intention of returnin! to the &on'u!l dwellin!. *$56-
Se&tio' 6. Liqui%atio' o the A*so+ute Co$$u'it0 Assets a'% Lia*i+ities
Art. $:,. Upon dissolution of the bsolute &ommunity re!ime, the followin! pro&edure
shll pply#
*$- An inventory shll be prepred, listin! seprtely ll the properties of the
bsolute &ommunity nd the e)&lusive properties of e&h spouse.
*,- 2he debts nd obli!tions of the bsolute &ommunity shll be pid out of its
ssets. In &se of insuffi&ien&y of sid ssets, the spouses shll be solidrily
lible for the unpid bln&e with their seprte properties in &&ordn&e with
the provisions of the se&ond pr!rph of Arti&le ;4.
*1- <htever remins of the e)&lusive properties of the spouses shll therefter
be delivered to e&h of them.
*4- 2he net reminder of the properties of the bsolute &ommunity shll
&onstitute its net ssets, whi&h shll be divided e(ully between husbnd nd
wife, unless different proportion or division ws !reed upon in the mrri!e
settlements, or unless there hs been voluntry wiver of su&h shre provided
in this Code. "or purpose of &omputin! the net profits sub'e&t to forfeiture in
&&ordn&e with Arti&les 41, No. *,- nd 71, No. *,-, the sid profits shll be the
in&rese in vlue between the mr3et vlue of the &ommunity property t the
time of the &elebrtion of the mrri!e nd the mr3et vlue t the time of its
dissolution.
*+- 2he presumptive le!itimes of the &ommon &hildren shll be delivered upon
prtition, in &&ordn&e with Arti&le +$.
*7- Unless otherwise !reed upon by the prties, in the prtition of the
properties, the &on'u!l dwellin! nd the lot on whi&h it is situted shll be
d'udi&ted to the spouse with whom the m'ority of the &ommon &hildren
&hoose to remin. Children below the !e of seven yers re deemed to hve
&hosen the mother, unless the &ourt hs de&ided otherwise. In &se there in no
su&h m'ority, the &ourt shll de&ide, t3in! into &onsidertion the best interests
of sid &hildren. *n-
Art. $:1. Upon the termintion of the mrri!e by deth, the &ommunity property shll
be li(uidted in the sme pro&eedin! for the settlement of the estte of the de&esed.
If no 'udi&il settlement pro&eedin! is instituted, the survivin! spouse shll li(uidte the
&ommunity property either 'udi&illy or e)tr9'udi&illy within si) months from the deth
of the de&esed spouse. If upon the lpse of the si) months period, no li(uidtion is
mde, ny disposition or en&umbrn&e involvin! the &ommunity property of the
terminted mrri!e shll be void.
>hould the survivin! spouse &ontr&t subse(uent mrri!e without &omplin&e with
the fore!oin! re(uirements, mndtory re!ime of &omplete seprtion of property
shll !overn the property reltions of the subse(uent mrri!e. *n-
Art. $:4. <henever the li(uidtion of the &ommunity properties of two or more
mrri!es &ontr&ted by the sme person before the effe&tivity of this Code is &rried
out simultneously, the respe&tive &pitl, fruits nd in&ome of e&h &ommunity shll
be determined upon su&h proof s my be &onsidered &&ordin! to the rules of
eviden&e. In &se of doubt s to whi&h &ommunity the e)istin! properties belon!, the
sme shll be divided between the different &ommunities in proportion to the &pitl
nd durtion of e&h. *$6;-
Chapter 1. Co'4u!a+ Part'ership o Gai's
Se&tio' 1. Ge'era+ Pro/isio's
Art. $:+. In &se the future spouses !ree in the mrri!e settlements tht the re!ime
of &on'u!l prtnership !ins shll !overn their property reltions durin! mrri!e, the
provisions in this Chpter shll be of supplementry ppli&tion.
2he provisions of this Chpter shll lso pply to &on'u!l prtnerships of !ins
lredy estblished between spouses before the effe&tivity of this Code, without
pre'udi&e to vested ri!hts lredy &(uired in &&ordn&e with the Civil Code or other
lws, s provided in Arti&le ,+7. *n-
Art. $:7. Under the re!ime of &on'u!l prtnership of !ins, the husbnd nd wife
pl&e in &ommon fund the pro&eeds, produ&ts, fruits nd in&ome from their seprte
properties nd those &(uired by either or both spouses throu!h their efforts or by
&hn&e, nd, upon dissolution of the mrri!e or of the prtnership, the net !ins or
benefits obtined by either or both spouses shll be divided e(ully between them,
unless otherwise !reed in the mrri!e settlements. *$4,-
Art. $:5. 2he rules provided in Arti&les 66 nd 6; shll lso pply to &on'u!l
prtnership of !ins. *n-
Art. $:6. 2he &on'u!l prtnership shll be !overned by the rules on the &ontr&t of
prtnership in ll tht is not in &onfli&t with wht is e)pressly determined in this Chpter
or by the spouses in their mrri!e settlements. *$45-
Se&tio' ". E#&+usi/e Propert0 o Ea&h Spouse
Art. $:;. 2he followin! shll be the e)&lusive property of e&h spouse#
*$- 2ht whi&h is brou!ht to the mrri!e s his or her own/
*,- 2ht whi&h e&h &(uires durin! the mrri!e by !rtuitous title/
*1- 2ht whi&h is &(uired by ri!ht of redemption, by brter or by e)&hn!e with
property belon!in! to only one of the spouses/ nd
*4- 2ht whi&h is pur&hsed with e)&lusive money of the wife or of the husbnd.
*$46-
Art. $$:. 2he spouses retin the ownership, possession, dministrtion nd en'oyment
of their e)&lusive properties.
@ither spouse my, durin! the mrri!e, trnsfer the dministrtion of his or her
e)&lusive property to the other by mens of publi& instrument, whi&h shll be
re&orded in the re!istry of property of the pl&e the property is lo&ted. *$15, $76,
$7;-
Art. $$$. A spouse of !e my mort!!e, en&umber, liente or otherwise dispose of
his or her e)&lusive property, without the &onsent of the other spouse, nd pper
lone in &ourt to liti!te with re!rd to the sme. *n-
Art. $$,. 2he liention of ny e)&lusive property of spouse dministered by the
other utomti&lly termintes the dministrtion over su&h property nd the pro&eeds
of the liention shll be turned over to the owner9spouse. *n-
Art. $$1. Property donted or left by will to the spouses, 'ointly nd with desi!ntion of
determinte shres, shll pertin to the donee9spouses s his or her own e)&lusive
property, nd in the bsen&e of desi!ntion, shre nd shre li3e, without pre'udi&e to
the ri!ht of &&retion when proper. *$+:-
Art. $$4. If the dontions re onerous, the mount of the &hr!es shll be borne by the
e)&lusive property of the donee spouse, whenever they hve been dvn&ed by the
&on'u!l prtnership of !ins. *$+$-
Art. $$+. Retirement benefits, pensions, nnuities, !rtuities, usufru&ts nd similr
benefits shll be !overned by the rules on !rtuitous or onerous &(uisitions s my
be proper in e&h &se. *n-
Se&tio' (. Co'4u!a+ Part'ership Propert0
Art. $$7. All property &(uired durin! the mrri!e, whether the &(uisition ppers to
hve been mde, &ontr&ted or re!istered in the nme of one or both spouses, is
presumed to be &on'u!l unless the &ontrry is proved. *$7:-
Art. $$5. 2he followin! re &on'u!l prtnership properties#
*$- 2hose &(uired by onerous title durin! the mrri!e t the e)pense of the
&ommon fund, whether the &(uisition be for the prtnership, or for only one of
the spouses/
*,- 2hose obtined from the lbor, industry, wor3 or profession of either or both
of the spouses/
*1- 2he fruits, nturl, industril, or &ivil, due or re&eived durin! the mrri!e
from the &ommon property, s well s the net fruits from the e)&lusive property
of e&h spouse/
*4- 2he shre of either spouse in the hidden tresure whi&h the lw wrds to
the finder or owner of the property where the tresure is found/
*+- 2hose &(uired throu!h o&&uption su&h s fishin! or huntin!/
*7- .ivesto&3 e)istin! upon the dissolution of the prtnership in e)&ess of the
number of e&h 3ind brou!ht to the mrri!e by either spouse/ nd
*5- 2hose whi&h re &(uired by &hn&e, su&h s winnin!s from !mblin! or
bettin!. ?owever, losses therefrom shll be borne e)&lusively by the loser9
spouse. *$+1, $+4, $++, $+;-
Art. $$6. Property bou!ht on instllments pid prtly from e)&lusive funds of either or
both spouses nd prtly from &on'u!l funds belon!s to the buyer or buyers if full
ownership ws vested before the mrri!e nd to the &on'u!l prtnership if su&h
ownership ws vested durin! the mrri!e. In either &se, ny mount dvn&ed by
the prtnership or by either or both spouses shll be reimbursed by the owner or
owners upon li(uidtion of the prtnership. *n-
Art. $$;. <henever n mount or &redit pyble within period of time belon!s to one
of the spouses, the sums whi&h my be &olle&ted durin! the mrri!e in prtil
pyments or by instllments on the prin&ipl shll be the e)&lusive property of the
spouse. ?owever, interests fllin! due durin! the mrri!e on the prin&ipl shll belon!
to the &on'u!l prtnership. *$+7, $+5-
Art. $,:. 2he ownership of improvements, whether for utility or dornment, mde on
the seprte property of the spouses t the e)pense of the prtnership or throu!h the
&ts or efforts of either or both spouses shll pertin to the &on'u!l prtnership, or to
the ori!inl owner9spouse, sub'e&t to the followin! rules#
<hen the &ost of the improvement mde by the &on'u!l prtnership nd ny resultin!
in&rese in vlue re more thn the vlue of the property t the time of the
improvement, the entire property of one of the spouses shll belon! to the &on'u!l
prtnership, sub'e&t to reimbursement of the vlue of the property of the owner9spouse
t the time of the improvement/ otherwise, sid property shll be retined in ownership
by the owner9spouse, li3ewise sub'e&t to reimbursement of the &ost of the
improvement.
In either &se, the ownership of the entire property shll be vested upon the
reimbursement, whi&h shll be mde t the time of the li(uidtion of the &on'u!l
prtnership. *$+6-
Se&tio' 1. Char!es .po' a'% O*+i!atio's o the Co'4u!a+ Part'ership
Art. $,$. 2he &on'u!l prtnership shll be lible for#
*$- 2he support of the spouse, their &ommon &hildren, nd the le!itimte
&hildren of either spouse/ however, the support of ille!itimte &hildren shll be
!overned by the provisions of this Code on >upport/
*,- All debts nd obli!tions &ontr&ted durin! the mrri!e by the desi!nted
dministrtor9spouse for the benefit of the &on'u!l prtnership of !ins, or by
both spouses or by one of them with the &onsent of the other/
*1- =ebts nd obli!tions &ontr&ted by either spouse without the &onsent of the
other to the e)tent tht the fmily my hve benefited/
*4- All t)es, liens, &hr!es, nd e)penses, in&ludin! m'or or minor repirs
upon the &on'u!l prtnership property/
*+- All t)es nd e)penses for mere preservtion mde durin! the mrri!e
upon the seprte property of either spouse/
*7- @)penses to enble either spouse to &ommen&e or &omplete professionl,
vo&tionl, or other &tivity for self9improvement/
*5- Antenuptil debts of either spouse insofr s they hve redounded to the
benefit of the fmily/
*6- 2he vlue of wht is donted or promised by both spouses in fvor of their
&ommon le!itimte &hildren for the e)&lusive purpose of &ommen&in! or
&ompletin! professionl or vo&tionl &ourse or other &tivity for self9
improvement/ nd
*;- @)penses of liti!tion between the spouses unless the suit is found to
!roundless.
If the &on'u!l prtnership is insuffi&ient to &over the fore!oin! libilities, the spouses
shll be solidrily lible for the unpid bln&e with their seprte properties. *$7$-
Art. $,,. 2he pyment of personl debts &ontr&ted by the husbnd or the wife before
or durin! the mrri!e shll not be &hr!ed to the &on'u!l properties prtnership
e)&ept insofr s they redounded to the benefit of the fmily.
Neither shll the fines nd pe&uniry indemnities imposed upon them be &hr!ed to
the prtnership.
?owever, the pyment of personl debts &ontr&ted by either spouse before the
mrri!e, tht of fines nd indemnities imposed upon them, s well s the support of
ille!itimte &hildren of either spouse, my be enfor&ed !inst the prtnership ssets
fter the responsibilities enumerted in the pre&edin! Arti&le hve been &overed, if the
spouse who is bound should hve no e)&lusive property or if it should be insuffi&ient/
but t the time of the li(uidtion of the prtnership, su&h spouse shll be &hr!ed for
wht hs been pid for the purpose bove9mentioned. *$71-
Art. $,1. <htever my be lost durin! the mrri!e in ny !me of &hn&e or in
bettin!, sweepst3es, or ny other 3ind of !mblin! whether permitted or prohibited by
lw, shll be borne by the loser nd shll not be &hr!ed to the &on'u!l prtnership
but ny winnin!s therefrom shll form prt of the &on'u!l prtnership property. *$74-
Se&tio' 5. A%$i'istratio' o the Co'4u!a+ Part'ership Propert0
Art. $,4. 2he dministrtion nd en'oyment of the &on'u!l prtnership shll belon! to
both spouses 'ointly. In &se of dis!reement, the husbnd8s de&ision shll previl,
sub'e&t to re&ourse to the &ourt by the wife for proper remedy, whi&h must be viled of
within five yers from the dte of the &ontr&t implementin! su&h de&ision.
In the event tht one spouse is in&p&itted or otherwise unble to prti&ipte in the
dministrtion of the &on'u!l properties, the other spouse my ssume sole powers of
dministrtion. 2hese powers do not in&lude disposition or en&umbrn&e without
uthority of the &ourt or the written &onsent of the other spouse. In the bsen&e of su&h
uthority or &onsent, the disposition or en&umbrn&e shll be void. ?owever, the
trns&tion shll be &onstrued s &ontinuin! offer on the prt of the &onsentin!
spouse nd the third person, nd my be perfe&ted s bindin! &ontr&t upon the
&&eptn&e by the other spouse or uthori0tion by the &ourt before the offer is
withdrwn by either or both offerors. *$7+-
Art. $,+. Neither spouse my donte ny &on'u!l prtnership property without the
&onsent of the other. ?owever, either spouse my, without the &onsent of the other,
m3e moderte dontions from the &on'u!l prtnership property for &hrity or on
o&&sions of fmily re'oi&in! or fmily distress. *$54-
Se&tio' 6. Disso+utio' o Co'4u!a+ Part'ership Re!i$e
Art. $,7. 2he &on'u!l prtnership termintes#
*$- Upon the deth of either spouse/
*,- <hen there is de&ree of le!l seprtion/
*1- <hen the mrri!e is nnulled or de&lred void/ or
*4- In &se of 'udi&il seprtion of property durin! the mrri!e under Arti&les
$14 to $16 *$5+-
Art. $,5. 2he seprtion in f&t between husbnd nd wife shll not ffe&t the re!ime
of &on'u!l prtnership, e)&ept tht#
*$- 2he spouse who leves the &on'u!l home or refuses to live therein, without
'ust &use, shll not hve the ri!ht to be supported/
*,- <hen the &onsent of one spouse to ny trns&tion of the other is re(uired
by lw, 'udi&il uthori0tion shll be obtined in summry pro&eedin!/
*1- In the bsen&e of suffi&ient &on'u!l prtnership property, the seprte
property of both spouses shll be solidrily lible for the support of the fmily.
2he spouse present shll, upon petition in summry pro&eedin!, be !iven
'udi&il uthority to dminister or en&umber ny spe&ifi& seprte property of the
other spouse nd use the fruits or pro&eeds thereof to stisfy the ltter8s shre.
*$56-
Art. $,6. If spouse without 'ust &use bndons the other or fils to &omply with his
or her obli!tion to the fmily, the !!rieved spouse my petition the &ourt for
re&eivership, for 'udi&il seprtion of property, or for uthority to be the sole
dministrtor of the &on'u!l prtnership property, sub'e&t to su&h pre&utionry
&onditions s the &ourt my impose.
2he obli!tions to the fmily mentioned in the pre&edin! pr!rph refer to mritl,
prentl or property reltions.
A spouse is deemed to hve bndoned the other when he or she hs left the &on'u!l
dwellin! without intention of returnin!. 2he spouse who hs left the &on'u!l dwellin!
for period of three months or hs filed within the sme period to !ive ny
informtion s to his or her wherebouts shll be prim f&ie presumed to hve no
intention of returnin! to the &on'u!l dwellin!. *$75, $;$-
Se&tio' 7. Liqui%atio' o the Co'4u!a+ Part'ership Assets a'% Lia*i+ities
Art. $,;. Upon the dissolution of the &on'u!l prtnership re!ime, the followin!
pro&edure shll pply#
*$- An inventory shll be prepred, listin! seprtely ll the properties of the
&on'u!l prtnership nd the e)&lusive properties of e&h spouse.
*,- Amounts dvn&ed by the &on'u!l prtnership in pyment of personl debts
nd obli!tions of either spouse shll be &redited to the &on'u!l prtnership s
n sset thereof.
*1- @&h spouse shll be reimbursed for the use of his or her e)&lusive funds in
the &(uisition of property or for the vlue of his or her e)&lusive property, the
ownership of whi&h hs been vested by lw in the &on'u!l prtnership.
*4- 2he debts nd obli!tions of the &on'u!l prtnership shll be pid out of the
&on'u!l ssets. In &se of insuffi&ien&y of sid ssets, the spouses shll be
solidrily lible for the unpid bln&e with their seprte properties, in
&&ordn&e with the provisions of pr!rph *,- of Arti&le $,$.
*+- <htever remins of the e)&lusive properties of the spouses shll therefter
be delivered to e&h of them.
*7- Unless the owner hd been indemnified from whtever sour&e, the loss or
deteriortion of movbles used for the benefit of the fmily, belon!in! to either
spouse, even due to fortuitous event, shll be pid to sid spouse from the
&on'u!l funds, if ny.
*5- 2he net reminder of the &on'u!l prtnership properties shll &onstitute the
profits, whi&h shll be divided e(ully between husbnd nd wife, unless
different proportion or division ws !reed upon in the mrri!e settlements or
unless there hs been voluntry wiver or forfeiture of su&h shre s provided
in this Code.
*6- 2he presumptive le!itimes of the &ommon &hildren shll be delivered upon
the prtition in &&ordn&e with Arti&le +$.
*;- In the prtition of the properties, the &on'u!l dwellin! nd the lot on whi&h it
is situted shll, unless otherwise !reed upon by the prties, be d'udi&ted to
the spouse with whom the m'ority of the &ommon &hildren &hoose to remin.
Children below the !e of seven yers re deemed to hve &hosen the mother,
unless the &ourt hs de&ided otherwise. In &se there is no su&h m'ority, the
&ourt shll de&ide, t3in! into &onsidertion the best interests of sid &hildren.
*$6$, $6,, $61, $64, $6+-
Art. $1:. Upon the termintion of the mrri!e by deth, the &on'u!l prtnership
property shll be li(uidted in the sme pro&eedin! for the settlement of the estte of
the de&esed.
If no 'udi&il settlement pro&eedin! is instituted, the survivin! spouse shll li(uidte the
&on'u!l prtnership property either 'udi&illy or e)tr9'udi&illy within si) months from
the deth of the de&esed spouse. If upon the lpse of the si)9month period no
li(uidtion is mde, ny disposition or en&umbrn&e involvin! the &on'u!l prtnership
property of the terminted mrri!e shll be void.
>hould the survivin! spouse &ontr&t subse(uent mrri!e without &omplin&e with
the fore!oin! re(uirements, mndtory re!ime of &omplete seprtion of property
shll !overn the property reltions of the subse(uent mrri!e. *n-
Art. $1$. <henever the li(uidtion of the &on'u!l prtnership properties of two or more
mrri!es &ontr&ted by the sme person before the effe&tivity of this Code is &rried
out simultneously, the respe&tive &pitl, fruits nd in&ome of e&h prtnership shll
be determined upon su&h proof s my be &onsidered &&ordin! to the rules of
eviden&e. In &se of doubt s to whi&h prtnership the e)istin! properties belon!, the
sme shll be divided between the different prtnerships in proportion to the &pitl
nd durtion of e&h. *$6;-
Art. $1,. 2he Rules of Court on the dministrtion of esttes of de&esed persons shll
be observed in the pprisl nd sle of property of the &on'u!l prtnership, nd other
mtters whi&h re not e)pressly determined in this Chpter. *$65-
Art. $11. "rom the &ommon mss of property support shll be !iven to the survivin!
spouse nd to the &hildren durin! the li(uidtion of the inventoried property nd until
wht belon!s to them is delivered/ but from this shll be dedu&ted tht mount
re&eived for support whi&h e)&eeds the fruits or rents pertinin! to them. *$66-
Chapter 5. Separatio' o Propert0 o the Spouses a'% A%$i'istratio' o
Co$$o' Propert0 *0 O'e Spouse Duri'! the Marria!e
Art. $14. In the bsen&e of n e)press de&lrtion in the mrri!e settlements, the
seprtion of property between spouses durin! the mrri!e shll not t3e pl&e
e)&ept by 'udi&il order. >u&h 'udi&il seprtion of property my either be voluntry or
for suffi&ient &use. *$;:-
Art. $1+. Any of the followin! shll be &onsidered suffi&ient &use for 'udi&il seprtion
of property#
*$- 2ht the spouse of the petitioner hs been senten&ed to penlty whi&h
&rries with it &ivil interdi&tion/
*,- 2ht the spouse of the petitioner hs been 'udi&illy de&lred n bsentee/
*1- 2ht loss of prentl uthority of the spouse of petitioner hs been de&reed
by the &ourt/
*4- 2ht the spouse of the petitioner hs bndoned the ltter or filed to &omply
with his or her obli!tions to the fmily s provided for in Arti&le $:$/
*+- 2ht the spouse !rnted the power of dministrtion in the mrri!e
settlements hs bused tht power/ nd
*7- 2ht t the time of the petition, the spouses hve been seprted in f&t for
t lest one yer nd re&on&ilition is hi!hly improbble.
In the &ses provided for in Numbers *$-, *,- nd *1-, the presenttion of the finl
'ud!ment !inst the !uilty or bsent spouse shll be enou!h bsis for the !rnt of the
de&ree of 'udi&il seprtion of property. *$;$-
Art. $17. 2he spouses my 'ointly file verified petition with the &ourt for the voluntry
dissolution of the bsolute &ommunity or the &on'u!l prtnership of !ins, nd for the
seprtion of their &ommon properties.
All &reditors of the bsolute &ommunity or of the &on'u!l prtnership of !ins, s well
s the personl &reditors of the spouse, shll be listed in the petition nd notified of the
filin! thereof. 2he &ourt shll t3e mesures to prote&t the &reditors nd other persons
with pe&uniry interest. *$;$-
Art. $15. On&e the seprtion of property hs been de&reed, the bsolute &ommunity
or the &on'u!l prtnership of !ins shll be li(uidted in &onformity with this Code.
=urin! the penden&y of the pro&eedin!s for seprtion of property, the bsolute
&ommunity or the &on'u!l prtnership shll py for the support of the spouses nd
their &hildren. *$;,-
Art. $16. After dissolution of the bsolute &ommunity or of the &on'u!l prtnership, the
provisions on &omplete seprtion of property shll pply. *$;$-
Art. $1;. 2he petition for seprtion of property nd the finl 'ud!ment !rntin! the
sme shll be re&orded in the proper lo&l &ivil re!istries nd re!istries of property.
*$;1-
Art. $4:. 2he seprtion of property shll not pre'udi&e the ri!hts previously &(uired
by &reditors. *$;4-
Art. $4$. 2he spouses my, in the sme pro&eedin!s where seprtion of property ws
de&reed, file motion in &ourt for de&ree revivin! the property re!ime tht e)isted
between them before the seprtion of property in ny of the followin! instn&es#
*$- <hen the &ivil interdi&tion termintes/
*,- <hen the bsentee spouse reppers/
*1- <hen the &ourt, bein! stisfied tht the spouse !rnted the power of
dministrtion in the mrri!e settlements will not !in buse tht power,
uthori0es the resumption of sid dministrtion/
*4- <hen the spouse who hs left the &on'u!l home without de&ree of le!l
seprtion resumes &ommon life with the other/
*+- <hen prentl uthority is 'udi&illy restored to the spouse previously
deprived thereof/
*7- <hen the spouses who hve seprted in f&t for t lest one yer, re&on&ile
nd resume &ommon life/ or
*5- <hen fter voluntry dissolution of the bsolute &ommunity of property or
&on'u!l prtnership hs been 'udi&illy de&reed upon the 'oint petition of the
spouses, they !ree to the revivl of the former property re!ime. No voluntry
seprtion of property my therefter be !rnted.
2he revivl of the former property re!ime shll be !overned by Arti&le 75. *$;+-
Art. $4,. 2he dministrtion of ll &lsses of e)&lusive property of either spouse my
be trnsferred by the &ourt to the other spouse#
*$- <hen one spouse be&omes the !urdin of the other/
*,- <hen one spouse is 'udi&illy de&lred n bsentee/
*1- <hen one spouse is senten&ed to penlty whi&h &rries with it &ivil
interdi&tion/ or
*4- <hen one spouse be&omes fu!itive from 'usti&e or is in hidin! s n
&&used in &riminl &se.
If the other spouse is not (ulified by reson of in&ompeten&e, &onfli&t of interest, or
ny other 'ust &use, the &ourt shll ppoint suitble person to be the dministrtor.
*n-
Chapter 6. Re!i$e o Separatio' o Propert0
Art. $41. >hould the future spouses !ree in the mrri!e settlements tht their
property reltions durin! mrri!e shll be !overned by the re!ime of seprtion of
property, the provisions of this Chpter shll be suppletory. *,$,-
Art. $44. >eprtion of property my refer to present or future property or both. It my
be totl or prtil. In the ltter &se, the property not !reed upon s seprte shll
pertin to the bsolute &ommunity. *,$1-
Art. $4+. @&h spouse shll own, dispose of, possess, dminister nd en'oy his or her
own seprte estte, without need of the &onsent of the other. 2o e&h spouse shll
belon! ll ernin!s from his or her profession, business or industry nd ll fruits,
nturl, industril or &ivil, due or re&eived durin! the mrri!e from his or her seprte
property. *,$4-
Art. $47. Aoth spouses shll ber the fmily e)penses in proportion to their in&ome, or,
in &se of insuffi&ien&y or defult thereof, to the &urrent mr3et vlue of their seprte
properties.
2he libilities of the spouses to &reditors for fmily e)penses shll, however, be
solidry. *,$+-
Chapter 7. Propert0 Re!i$e o .'io's -ithout Marria!e
Art. $45. <hen mn nd womn who re &p&itted to mrry e&h other, live
e)&lusively with e&h other s husbnd nd wife without the benefit of mrri!e or
under void mrri!e, their w!es nd slries shll be owned by them in e(ul
shres nd the property &(uired by both of them throu!h their wor3 or industry shll
be !overned by the rules on &o9ownership.
In the bsen&e of proof to the &ontrry, properties &(uired while they lived to!ether
shll be presumed to hve been obtined by their 'oint efforts, wor3 or industry, nd
shll be owned by them in e(ul shres. "or purposes of this Arti&le, prty who did
not prti&ipte in the &(uisition by the other prty of ny property shll be deemed to
hve &ontributed 'ointly in the &(uisition thereof if the former8s efforts &onsisted in the
&re nd mintenn&e of the fmily nd of the household.
Neither prty &n en&umber or dispose by &ts inter vivos of his or her shre in the
property &(uired durin! &ohbittion nd owned in &ommon, without the &onsent of
the other, until fter the termintion of their &ohbittion.
<hen only one of the prties to void mrri!e is in !ood fith, the shre of the prty
in bd fith in the &o9ownership shll be forfeited in fvor of their &ommon &hildren. In
&se of defult of or wiver by ny or ll of the &ommon &hildren or their des&endnts,
e&h v&nt shre shll belon! to the respe&tive survivin! des&endnts. In the
bsen&e of des&endnts, su&h shre shll belon! to the inno&ent prty. In ll &ses,
the forfeiture shll t3e pl&e upon termintion of the &ohbittion. *$44-
Art. $46. In &ses of &ohbittion not fllin! under the pre&edin! Arti&le, only the
properties &(uired by both of the prties throu!h their &tul 'oint &ontribution of
money, property, or industry shll be owned by them in &ommon in proportion to their
respe&tive &ontributions. In the bsen&e of proof to the &ontrry, their &ontributions nd
&orrespondin! shres re presumed to be e(ul. 2he sme rule nd presumption shll
pply to 'oint deposits of money nd eviden&es of &redit.
If one of the prties is vlidly mrried to nother, his or her shre in the &o9ownership
shll &&rue to the bsolute &ommunity or &on'u!l prtnership e)istin! in su&h vlid
mrri!e. If the prty who &ted in bd fith is not vlidly mrried to nother, his or her
shll be forfeited in the mnner provided in the lst pr!rph of the pre&edin! Arti&le.
2he fore!oin! rules on forfeiture shll li3ewise pply even if both prties re in both
fith. *$44-
TITLE )
THE FAMILY
Chapter 1. The Fa$i+0 as a' I'stitutio'
Art. $4;. 2he fmily, bein! the foundtion of the ntion, is bsi& so&il institution
whi&h publi& poli&y &herishes nd prote&ts. Conse(uently, fmily reltions re
!overned by lw nd no &ustom, pr&ti&e or !reement destru&tive of the fmily shll
be re&o!ni0ed or !iven effe&t. *,$7, ,$6-
Art. +:. "mily reltions in&lude those#
*$- Aetween husbnd nd wife/
*,- Aetween prents nd &hildren/
*1- Amon! brothers nd sisters, whether of the full or hlfblood. *,$5-
Art. $+$. No suit between members of the sme fmily shll prosper unless it should
pper from the verified &omplint or petition tht ernest efforts towrd &ompromise
hve been mde, but tht the sme hve filed. If it is shown tht no su&h efforts were
in f&t mde, the sme &se must be dismissed.
2his rules shll not pply to &ses whi&h my not be the sub'e&t of &ompromise under
the Civil Code. *,,,-
Chapter ". The Fa$i+0 Ho$e
Art. $+,. 2he fmily home, &onstituted 'ointly by the husbnd nd the wife or by n
unmrried hed of fmily, is the dwellin! house where they nd their fmily reside,
nd the lnd on whi&h it is situted. *,,1-
Art. $+1. 2he fmily home is deemed &onstituted on house nd lot from the time it is
o&&upied s fmily residen&e. "rom the time of its &onstitution nd so lon! s ny of
its benefi&iries &tully resides therein, the fmily home &ontinues to be su&h nd is
e)empt from e)e&ution, for&ed sle or tt&hment e)&ept s hereinfter provided nd
to the e)tent of the vlue llowed by lw. *,,1-
Art. $+4. 2he benefi&iries of fmily home re#
*$- 2he husbnd nd wife, or n unmrried person who is the hed of fmily/
nd
*,- 2heir prents, s&endnts, des&endnts, brothers nd sisters, whether the
reltionship be le!itimte or ille!itimte, who re livin! in the fmily home nd
who depend upon the hed of the fmily for le!l support. *,,7-
Art. $++. 2he fmily home shll be e)empt from e)e&ution, for&ed sle or tt&hment
e)&ept#
*$- "or nonpyment of t)es/
*,- "or debts in&urred prior to the &onstitution of the fmily home/
*1- "or debts se&ured by mort!!es on the premises before or fter su&h
&onstitution/ nd
*4- "or debts due to lborers, me&hni&s, r&hite&ts, builders, mterilmen nd
others who hve rendered servi&e or furnished mteril for the &onstru&tion of
the buildin!. *,41-
Art. $+7. 2he fmily home must be prt of the properties of the bsolute &ommunity or
the &on'u!l prtnership, or of the e)&lusive properties of either spouse with the ltter8s
&onsent. It my lso be &onstituted by n unmrried hed of fmily on his or her own
property.
Nevertheless, property tht is the sub'e&t of &onditionl sle on instllments where
ownership is reserved by the vendor only to !urntee pyment of the pur&hse pri&e
my be &onstituted s fmily home. *,,5, ,,6-
Art. $+5. 2he &tul vlue of the fmily home shll not e)&eed, t the time of its
&onstitution, the mount of the three hundred thousnd pesos in urbn res, nd two
hundred thousnd pesos in rurl res, or su&h mounts s my herefter be fi)ed by
lw.
In ny event, if the vlue of the &urren&y &hn!es fter the doption of this Code, the
vlue most fvorble for the &onstitution of fmily home shll be the bsis of
evlution.
"or purposes of this Arti&le, urbn res re deemed to in&lude &hrtered &ities nd
muni&iplities whose nnul in&ome t lest e(uls tht le!lly re(uired for &hrtered
&ities. All others re deemed to be rurl res. *,1$-
Art. $+6. 2he fmily home my be sold, liented, donted, ssi!ned or en&umbered
by the owner or owners thereof with the written &onsent of the person &onstitutin! the
sme, the ltter8s spouse, nd m'ority of the benefi&iries of le!l !e. In &se of
&onfli&t, the &ourt shll de&ide. *,1+-
Art. $+;. 2he fmily home shll &ontinue despite the deth of one or both spouses or of
the unmrried hed of the fmily for period of ten yers or for s lon! s there is
minor benefi&iry, nd the heirs &nnot prtition the sme unless the &ourt finds
&ompellin! resons therefor. 2his rule shll pply re!rdless of whoever owns the
property or &onstituted the fmily home. *,16-
Art. $7:. <hen &reditor whose &lims is not mon! those mentioned in Arti&le $++
obtins 'ud!ment in his fvor, nd he hs resonble !rounds to believe tht the
fmily home is &tully worth more thn the m)imum mount fi)ed in Arti&le $+5, he
my pply to the &ourt whi&h rendered the 'ud!ment for n order dire&tin! the sle of
the property under e)e&ution. 2he &ourt shll so order if it finds tht the &tul vlue of
the fmily home e)&eeds the m)imum mount llowed by lw s of the time of its
&onstitution. If the in&resed &tul vlue e)&eeds the m)imum llowed in Arti&le $+5
nd results from subse(uent voluntry improvements introdu&ed by the person or
persons &onstitutin! the fmily home, by the owner or owners of the property, or by ny
of the benefi&iries, the sme rule nd pro&edure shll pply.
At the e)e&ution sle, no bid below the vlue llowed for fmily home shll be
&onsidered. 2he pro&eeds shll be pplied first to the mount mentioned in Arti&le $+5,
nd then to the libilities under the 'ud!ment nd the &osts. 2he e)&ess, if ny, shll be
delivered to the 'ud!ment debtor. *,45, ,46-
Art. $7$. "or purposes of vilin! of the benefits of fmily home s provided for in
this Chpter, person my &onstitute, or be the benefi&iry of, only one fmily home.
*n-
Art. $7,. 2he provisions in this Chpter shll lso !overn e)istin! fmily residen&es
insofr s sid provisions re ppli&ble. *n-
TITLE )I
PATERNITY AND FILIATION
Chapter 1. Le!iti$ate Chi+%re'
Art. $71. 2he filition of &hildren my be by nture or by doption. Nturl filition my
be le!itimte or ille!itimte. *n-
Art. $74. Children &on&eived or born durin! the mrri!e of the prents re le!itimte.
Children &on&eived s result of rtifi&il insemintion of the wife with the sperm of the
husbnd or tht of donor or both re li3ewise le!itimte &hildren of the husbnd nd
his wife, provided, tht both of them uthori0ed or rtified su&h insemintion in
written instrument e)e&uted nd si!ned by them before the birth of the &hild. 2he
instrument shll be re&orded in the &ivil re!istry to!ether with the birth &ertifi&te of the
&hild. *++, ,+6-
Art. $7+. Children &on&eived nd born outside vlid mrri!e re ille!itimte, unless
otherwise provided in this Code. *n-
Art. $77. .e!itim&y of &hild my be impu!ned only on the followin! !rounds#
*$- 2ht it ws physi&lly impossible for the husbnd to hve se)ul inter&ourse
with his wife within the first $,: dys of the 1:: dys whi&h immeditely
pre&eded the birth of the &hild be&use of#
*- the physi&l in&p&ity of the husbnd to hve se)ul inter&ourse with
his wife/
*b- the f&t tht the husbnd nd wife were livin! seprtely in su&h wy
tht se)ul inter&ourse ws not possible/ or
*&- serious illness of the husbnd, whi&h bsolutely prevented se)ul
inter&ourse/
*,- 2ht it is proved tht for biolo!i&l or other s&ientifi& resons, the &hild &ould
not hve been tht of the husbnd, e)&ept in the instn&e provided in the
se&ond pr!rph of Arti&le $74/ or
*1- 2ht in &se of &hildren &on&eived throu!h rtifi&il insemintion, the written
uthori0tion or rtifi&tion of either prent ws obtined throu!h mist3e, frud,
violen&e, intimidtion, or undue influen&e. *,++-
Art. $75. 2he &hild shll be &onsidered le!itimte lthou!h the mother my hve
de&lred !inst its le!itim&y or my hve been senten&ed s n dulteress. *,+7-
Art. $76. If the mrri!e is terminted nd the mother &ontr&ted nother mrri!e
within three hundred dys fter su&h termintion of the former mrri!e, these rules
shll !overn in the bsen&e of proof to the &ontrry#
*$- A &hild born before one hundred ei!hty dys fter the solemni0tion of the
subse(uent mrri!e is &onsidered to hve been &on&eived durin! the former
mrri!e, provided it be born within three hundred dys fter the termintion of
the former mrri!e/
*,- A &hild born fter one hundred ei!hty dys followin! the &elebrtion of the
subse(uent mrri!e is &onsidered to hve been &on&eived durin! su&h
mrri!e, even thou!h it be born within the three hundred dys fter the
termintion of the former mrri!e. *,+;-
Art. $7;. 2he le!itim&y or ille!itim&y of &hild born fter three hundred dys
followin! the termintion of the mrri!e shll be proved by whoever lle!es su&h
le!itim&y or ille!itim&y. *,7$-
Art. $5:. 2he &tion to impu!n the le!itim&y of the &hild shll be brou!ht within one
yer from the 3nowled!e of the birth or its re&ordin! in the &ivil re!ister, if the husbnd
or, in proper &se, ny of his heirs, should reside in the &ity or muni&iplity where the
birth too3 pl&e or ws re&orded.
If the husbnd or, in his defult, ll of his heirs do not reside t the pl&e of birth s
defined in the first pr!rph or where it ws re&orded, the period shll be two yers if
they should reside in the Philippines/ nd three yers if brod. If the birth of the &hild
hs been &on&eled from or ws un3nown to the husbnd or his heirs, the period shll
be &ounted from the dis&overy or 3nowled!e of the birth of the &hild or of the f&t of
re!istrtion of sid birth, whi&hever is erlier. *,71-
Art. $5$. 2he heirs of the husbnd my impu!n the filition of the &hild within the
period pres&ribed in the pre&edin! rti&le only in the followin! &ses#
*$- If the husbnd should died before the e)pirtion of the period fi)ed for
brin!in! his &tion/
*,- If he should die fter the filin! of the &omplint without hvin! desisted
therefrom/ or
*1- If the &hild ws born fter the deth of the husbnd. *,7,-
Chapter ". Proo o Fi+iatio'
Art. $5,. 2he filition of le!itimte &hildren is estblished by ny of the followin!#
*$- 2he re&ord of birth pperin! in the &ivil re!ister or finl 'ud!ment/ or
*,- An dmission of le!itimte filition in publi& do&ument or privte
hndwritten instrument nd si!ned by the prent &on&erned.
In the bsen&e of the fore!oin! eviden&e, the le!itimte filition shll be proved by#
*$- 2he open nd &ontinuous possession of the sttus of le!itimte &hild/ or
*,- Any other mens llowed by the Rules of Court nd spe&il lws. *,7+,
,77, ,75-
Art. $51. 2he &tion to &lim le!itim&y my be brou!ht by the &hild durin! his or her
lifetime nd shll be trnsmitted to the heirs should the &hild die durin! minority or in
stte of insnity. In these &ses, the heirs shll hve period of five yers within whi&h
to institute the &tion.
Art. $54. .e!itimte &hildren shll hve the ri!ht#
*$- 2o ber the surnmes of the fther nd the mother, in &onformity with the
provisions of the Civil Code on >urnmes/
*,- 2o re&eive support from their prents, their s&endnts, nd in proper &ses,
their brothers nd sisters, in &onformity with the provisions of this Code on
>upport/ nd
*1- 2o be entitled to the le!itimte nd other su&&essionl ri!hts !rnted to them
by the Civil Code. *,74-
Chapter (. I++e!iti$ate Chi+%re'
Art. $5+. Ille!itimte &hildren my estblish their ille!itimte filition in the sme wy
nd on the sme eviden&e s le!itimte &hildren.
2he &tion must be brou!ht within the sme period spe&ified in Arti&le $51, e)&ept
when the &tion is bsed on the se&ond pr!rph of Arti&le $5,, in whi&h &se the
&tion my be brou!ht durin! the lifetime of the lle!ed prent. *,6;-
Art. $57. Ille!itimte &hildren shll use the surnme nd shll be under the prentl
uthority of their mother, nd shll be entitled to support in &onformity with this Code.
2he le!itime of e&h ille!itimte &hild shll &onsist of one9hlf of the le!itime of
le!itimte &hild. @)&ept for this modifi&tion, ll other provisions in the Civil Code
!overnin! su&&essionl ri!hts shll remin in for&e. *,65-
Chapter 1. Le!iti$ate% Chi+%re'
Art. $55. Only &hildren &on&eived nd born outside of wedlo&3 of prents who, t the
time of the &on&eption of the former, were not dis(ulified by ny impediment to mrry
e&h other my be le!itimted. *,7;-
Art. $56. .e!itimtion shll t3e pl&e by subse(uent vlid mrri!e between
prents. 2he nnulment of viodble mrri!e shll not ffe&t the le!itimtion. *,5:-
Art. $5;. .e!itimted &hildren shll en'oy the sme ri!hts s le!itimte &hildren. *,5,-
Art. $6:. 2he effe&ts of le!itimtion shll retro&t to the time of the &hild8s birth. *,51-
Art. $6$. 2he le!itimtion of &hildren who died before the &elebrtion of the mrri!e
shll benefit their des&endnts. *,54-
Art. $6,. .e!itimtion my be impu!ned only by those who re pre'udi&ed in their
ri!hts, within five yers from the time their &use of &tion &&rues. *,5+-
TITLE )II
ADOPTION
Art. $61. A person of !e nd in possession of full &ivil &p&ity nd le!l ri!hts my
dopt, provided he is in position to support nd &re for his &hildren, le!itimte or
ille!itimte, in 3eepin! with the mens of the fmily.
Only minors my be dopted, e)&ept in the &ses when the doption of person of
m'ority !e is llowed in this 2itle.
In ddition, the dopter must be t lest si)teen yers older thn the person to be
dopted, unless the dopter is the prent by nture of the dopted, or is the spouse of
the le!itimte prent of the person to be dopted. *,5, @O ;$ nd P= 7:1-
Art. $64. 2he followin! persons my not dopt#
*$- 2he !urdin with respe&t to the wrd prior to the pprovl of the finl
&&ounts rendered upon the termintion of their !urdinship reltion/
*,- Any person who hs been &onvi&ted of &rime involvin! morl turpitude/
*1- An lien, e)&ept#
*- A former "ilipino &iti0en who see3s to dopt reltive by
&onsn!uinity/
*b- One who see3s to dopt the le!itimte &hild of his or her "ilipino
spouse/ or
*&- One who is mrried to "ilipino &iti0en nd see3s to dopt 'ointly with
his or her spouse reltive by &onsn!uinity of the ltter.
Aliens not in&luded in the fore!oin! e)&eptions my dopt "ilipino &hildren in
&&ordn&e with the rules on inter9&ountry doptions s my be provided by lw.
*,6, @O ;$ nd P= 7:1-
Art. $6+. ?usbnd nd wife must 'ointly dopt, e)&ept in the followin! &ses#
*$- <hen one spouse see3s to dopt his own ille!itimte &hild/ or
*,- <hen one spouse see3s to dopt the le!itimte &hild of the other. *,;, @O
;$ nd P= 7:1-
Art. $67. In &se husbnd nd wife 'ointly dopt or one spouse dopts the le!itimte
&hild of the other, 'oint prentl uthority shll be e)er&ised by the spouses in
&&ordn&e with this Code. *,;, @O nd P= 7:1-
Art. $65. 2he followin! my not be dopted#
*$- A person of le!l !e, unless he or she is &hild by nture of the dopter or
his or her spouse, or, prior to the doption, sid person hs been &onsistently
&onsidered nd treted by the dopter s his or her own &hild durin! minority.
*,- An lien with whose !overnment the Republi& of the Philippines hs no
diplomti& reltions/ nd
*1- A person who hs lredy been dopted unless su&h doption hs been
previously revo3ed or res&inded. *1:, @O ;$ nd P= 7:1-
Art. $66. 2he written &onsent of the followin! to the doption shll be ne&essry#
*$- 2he person to be dopted, if ten yers of !e or over,
*,- 2he prents by nture of the &hild, the le!l !urdin, or the proper
!overnment instrumentlity/
*1- 2he le!itimte nd dopted &hildren, ten yers of !e or over, of the doptin!
prent or prents/
*4- 2he ille!itimte &hildren, ten yers of !e or over, of the doptin! prent, if
livin! with sid prent nd the ltter8s spouse, if ny/ nd
*+- 2he spouse, if ny, of the person doptin! or to be dopted. *1$, @O ;$ nd
P= 7:1-
Art. $6;. Adoption shll hve the followin! effe&ts#
*$- "or &ivil purposes, the dopted shll be deemed to be le!itimte &hild of
the dopters nd both shll &(uire the re&ipro&l ri!hts nd obli!tions risin!
from the reltionship of prent nd &hild, in&ludin! the ri!ht of the dopted to use
the surnme of the dopters/
*,- 2he prentl uthority of the prents by nture over the dopted shll
terminte nd be vested in the dopters, e)&ept tht if the dopter is the spouse
of the prent by nture of the dopted, prentl uthority over the dopted shll
be e)er&ised 'ointly by both spouses/ nd
*1- 2he dopted shll remin n intestte heir of his prents nd other blood
reltives. *1;*$-, *1-, P= 7:1-
Art. $;:. .e!l or intestte su&&ession to the estte of the dopted shll be !overned
by the followin! rules#
*$- .e!itimte nd ille!itimte &hildren nd des&endnts nd the survivin!
spouse of the dopted shll inherit from the dopted, in &&ordn&e with the
ordinry rules of le!l or intestte su&&ession/
*,- <hen the prents, le!itimte or ille!itimte, or the le!itimte s&endnts of
the dopted &on&ur with the dopter, they shll divide the entire estte, one9hlf
to be inherited by the prents or s&endnts nd the other hlf, by the dopters/
*1- <hen the survivin! spouse or the ille!itimte &hildren of the dopted &on&ur
with the dopters, they shll divide the entire estte in e(ul shres, one9hlf to
be inherited by the spouse or the ille!itimte &hildren of the dopted nd the
other hlf, by the dopters.
*4- <hen the dopters &on&ur with the ille!itimte &hildren nd the survivin!
spouse of the dopted, they shll divide the entire estte in e(ul shres, one9
third to be inherited by the ille!itimte &hildren, one9third by the survivin!
spouse, nd one9third by the dopters/
*+- <hen only the dopters survive, they shll inherit the entire estte/ nd
*7- <hen only &ollterl blood reltives of the dopted survive, then the ordinry
rules of le!l or intestte su&&ession shll pply. *1;*4-, P= 7:1-
Art. $;$. If the dopted is minor or otherwise in&p&itted, the doption my be
'udi&illy res&inded upon petition of ny person uthori0ed by the &ourt or proper
!overnment instrumentl &tin! on his behlf, on the sme !rounds pres&ribed for loss
or suspension of prentl uthority. If the dopted is t lest ei!hteen yers of !e, he
my petition for 'udi&il res&ission of the doption on the sme !rounds pres&ribed for
disinheritin! n s&endnt. *4:, P= 7:1-
Art. $;,. 2he dopters my petition the &ourt for the 'udi&il res&ission of the doption
in ny of the followin! &ses#
*$- If the dopted hs &ommitted ny &t &onstitutin! !round for disinheritin!
des&endnt/ or
*,- <hen the dopted hs bndoned the home of the dopters durin! minority
for t lest one yer, or, by some other &ts, hs definitely repudited the
doption. *4$, P= 7:1-
Art. $;1. If the dopted minor hs not re&hed the !e of m'ority t the time of the
'udi&il res&ission of the doption, the &ourt in the sme pro&eedin! shll reinstte the
prentl uthority of the prents by nture, unless the ltter re dis(ulified or
in&p&itted, in whi&h &se the &ourt shll ppoint !urdin over the person nd
property of the minor. If the dopted person is physi&lly or mentlly hndi&pped, the
&ourt shll ppoint in the sme pro&eedin! !urdin over his person or property or
both.
Dudi&il res&ission of the doption shll e)tin!uish ll re&ipro&l ri!hts nd obli!tions
between the dopters nd the dopted risin! from the reltionship of prent nd &hild.
2he dopted shll li3ewise lose the ri!ht to use the surnmes of the dopters nd shll
resume his surnme prior to the doption.
2he &ourt shll &&ordin!ly order the mendment of the re&ords in the proper
re!istries. *4,, P= 7:1-
TITLE )III
S.PPORT
Art. $;4. >upport &ompromises everythin! indispensble for sustenn&e, dwellin!,
&lothin!, medi&l ttendn&e, edu&tion nd trnsporttion, in 3eepin! with the
finn&il &p&ity of the fmily.
2he edu&tion of the person entitled to be supported referred to in the pre&edin!
pr!rph shll in&lude his s&hoolin! or trinin! for some profession, trde or vo&tion,
even beyond the !e of m'ority. 2rnsporttion shll in&lude e)penses in !oin! to nd
from s&hool, or to nd from pl&e of wor3. *,;:-
Art. $:+. >ub'e&t to the provisions of the su&&eedin! rti&les, the followin! re obli!ed
to support e&h other to the whole e)tent set forth in the pre&edin! rti&le#
*$- 2he spouses/
*,- .e!itimte s&endnts nd des&endnts/
*1- Prents nd their le!itimte &hildren nd the le!itimte nd ille!itimte
&hildren of the ltter/
*4- Prents nd their ille!itimte &hildren nd the le!itimte nd ille!itimte
&hildren of the ltter/ nd
*+- .e!itimte brothers nd sisters, whether of full or hlf9blood *,;$-
Art. $;7. Arothers nd sisters not le!itimtely relted, whether of the full or hlf9blood,
re li3ewise bound to support e&h other to the full e)tent set forth in Arti&le $;4,
e)&ept only when the need for support of the brother or sister, bein! of !e, is due to
&use imputble to the &limnt8s fult or ne!li!en&e. *,;$-
Art. $;5. In &se of le!itimte s&endnts/ des&endnts, whether le!itimte or
ille!itimte/ nd brothers nd sisters, whether le!itimtely or ille!itimtely relted, only
the seprte property of the person obli!ed to !ive support shll be nswerble
provided tht in &se the obli!or hs no seprte property, the bsolute &ommunity or
the &on'u!l prtnership, if finn&illy &pble, shll dvn&e the support, whi&h shll
be dedu&ted from the shre of the spouse obli!ed upon the li(uidtion of the bsolute
&ommunity or of the &on'u!l prtnership. *n-
Art. $;6. =urin! the pro&eedin!s for le!l seprtion or for nnulment of mrri!e, nd
for de&lrtion of nullity of mrri!e, the spouses nd their &hildren shll be supported
from the properties of the bsolute &ommunity or the &on'u!l prtnership. After the
finl 'ud!ment !rntin! the petition, the obli!tion of mutul support between the
spouses &eses. ?owever, in &se of le!l seprtion, the &ourt my order tht the
!uilty spouse shll !ive support to the inno&ent one, spe&ifyin! the terms of su&h order.
*,;,-
Art. $;;. <henever two or more persons re obli!ed to !ive support, the libility shll
devolve upon the followin! persons in the order herein provided#
*$- 2he spouse/
*,- 2he des&endnts in the nerest de!ree/
*1- 2he s&endnts in the nerest de!ree/ nd
*4- 2he brothers nd sisters. *,;4-
Art. ,::. <hen the obli!tion to !ive support flls upon two or more persons, the
pyment of the sme shll be divided between them in proportion to the resour&es of
e&h.
?owever, in &se of ur!ent need nd by spe&il &ir&umstn&es, the 'ud!e my order
only one of them to furnish the support provisionlly, without pre'udi&e to his ri!ht to
&lim from the other obli!ors the shre due from them.
<hen two or more re&ipients t the sme time &lim support from one nd the sme
person le!lly obli!ed to !ive it, should the ltter not hve suffi&ient mens to stisfy ll
&lims, the order estblished in the pre&edin! rti&le shll be followed, unless the
&on&urrent obli!ees should be the spouse nd &hild sub'e&t to prentl uthority, in
whi&h &se the &hild shll be preferred. *,;+-
Art. ,:$. 2he mount of support, in the &ses referred to in Arti&les $;+ nd $;7, shll
be in proportion to the resour&es or mens of the !iver nd to the ne&essities of the
re&ipient. *,;7-
Art. ,:,. >upport in the &ses referred to in the pre&edin! rti&le shll be redu&ed or
in&resed proportiontely, &&ordin! to the redu&tion or in&rese of the ne&essities of
the re&ipient nd the resour&es or mens of the person obli!ed to furnish the sme.
*,;5-
Art. ,:1. 2he obli!tion to !ive support shll be demndble from the time the person
who hs ri!ht to re&eive the sme needs it for mintenn&e, but it shll not be pid
e)&ept from the dte of 'udi&il or e)tr'udi&il demnd.
>upport pendente lite my be &limed in &&ordn&e with the Rules of Court.
Pyment shll be mde within the first five dys of e&h &orrespondin! month or when
the re&ipient dies, his heirs shll not be obli!ed to return wht he hs re&eived in
dvn&e. *,;6-
Art. ,:4. 2he person obli!ed to !ive support shll hve the option to fulfill the obli!tion
either by pyin! the llown&e fi)ed, or by re&eivin! nd mintinin! in the fmily
dwellin! the person who hs ri!ht to re&eive support. 2he ltter lterntive &nnot be
viled of in &se there is morl or le!l obst&le thereto. *,;;-
Art. ,:+. 2he ri!ht to re&eive support under this 2itle s well s ny money or property
obtined s su&h support shll not be levied upon on tt&hment or e)e&ution. *1:,-
Art. ,:7. <hen, without the 3nowled!e of the person obli!ed to !ive support, it is !iven
by strn!er, the ltter shll hve ri!ht to &lim the sme from the former, unless it
ppers tht he !ve it without intention of bein! reimbursed. *,$74-
Art. ,:5. <hen the person obli!ed to support nother un'ustly refuses or fils to !ive
support when ur!ently needed by the ltter, ny third person my furnish support to the
needy individul, with ri!ht of reimbursement from the person obli!ed to !ive support.
2his Arti&le shll prti&ulrly pply when the fther or mother of &hild under the !e
of m'ority un'ustly refuses to support or fils to !ive support to the &hild when ur!ently
needed. *,$77-
Art. ,:6. In &se of &ontr&tul support or tht !iven by will, the e)&ess in mount
beyond tht re(uired for le!l support shll be sub'e&t to levy on tt&hment or
e)e&ution.
"urthermore, &ontr&tul support shll be sub'e&t to d'ustment whenever modifi&tion
is ne&essry due to &hn!es of &ir&umstn&es mnifestly beyond the &ontempltion of
the prties. *n-
TITLE I8
PARENTAL A.THORITY
Chapter 1. Ge'era+ Pro/isio's
Art. ,:;. Pursunt to the nturl ri!ht nd duty of prents over the person nd property
of their unemn&ipted &hildren, prentl uthority nd responsibility shll in&lude the
&rin! for nd rerin! them for &ivi& &ons&iousness nd effi&ien&y nd the development
of their morl, mentl nd physi&l &hr&ter nd well9bein!. *n-
Art. ,$:. Prentl uthority nd responsibility my not be renoun&ed or trnsferred
e)&ept in the &ses uthori0ed by lw. *1$1-
Art. ,$$. 2he fther nd the mother shll 'ointly e)er&ise prentl uthority over the
persons of their &ommon &hildren. In &se of dis!reement, the fther8s de&ision shll
previl, unless there is 'udi&il order to the &ontrry.
Children shll lwys observe respe&t nd reveren&e towrds their prents nd re
obli!ed to obey them s lon! s the &hildren re under prentl uthority. *1$$-
Art. ,$,. In &se of bsen&e or deth of either prent, the prent present shll &ontinue
e)er&isin! prentl uthority. 2he remrri!e of the survivin! prent shll not ffe&t the
prentl uthority over the &hildren, unless the &ourt ppoints nother person to be the
!urdin of the person or property of the &hildren. *n-
Art. ,$1. In &se of seprtion of the prents, prentl uthority shll be e)er&ised by
the prent desi!nted by the Court. 2he Court shll t3e into &&ount ll relevnt
&onsidertions, espe&illy the &hoi&e of the &hild over seven yers of !e, unless the
prent &hosen is unfit. *n-
Art. ,$4. In &se of deth, bsen&e or unsuitbility of the prents, substitute prentl
uthority shll be e)er&ised by the survivin! !rndprent. In &se severl survive, the
one desi!nted by the &ourt, t3in! into &&ount the sme &onsidertion mentioned in
the pre&edin! rti&le, shll e)er&ise the uthority. *1++-
Art. ,$+. No des&endnt shll be &ompelled, in &riminl &se, to testify !inst his
prents nd !rndprents, e)&ept when su&h testimony is indispensble in &rime
!inst the des&endnt or by one prent !inst the other. *1$+-
Chapter ". Su*stitute a'% Spe&ia+ Pare'ta+ Authorit0
Art. ,$7. In defult of prents or 'udi&illy ppointed !urdin, the followin! person
shll e)er&ise substitute prentl uthority over the &hild in the order indi&ted#
*$- 2he survivin! !rndprent, s provided in Art. ,$4/
*,- 2he oldest brother or sister, over twenty9one yers of !e, unless unfit or
dis(ulified/ nd
*1- 2he &hild8s &tul &ustodin, over twenty9one yers of !e, unless unfit or
dis(ulified.
<henever the ppointment or 'udi&il !urdin over the property of the &hild
be&omes ne&essry, the sme order of preferen&e shll be observed. *14;, 1+$,
1+4-
Art. ,$5. In &se of foundlin!s, bndoned ne!le&ted or bused &hildren nd other
&hildren similrly situted, prentl uthority shll be entrusted in summry 'udi&il
pro&eedin!s to heds of &hildren8s homes, orphn!es nd similr institutions duly
&&redited by the proper !overnment !en&y. *1$4-
Art. ,$6. 2he s&hool, its dministrtors nd te&hers, or the individul, entity or
institution en!!ed in &hild re shll hve spe&il prentl uthority nd responsibility
over the minor &hild while under their supervision, instru&tion or &ustody.
Authority nd responsibility shll pply to ll uthori0ed &tivities whether inside or
outside the premises of the s&hool, entity or institution. *14;-
Art. ,$;. 2hose !iven the uthority nd responsibility under the pre&edin! Arti&le shll
be prin&iplly nd solidrily lible for dm!es &used by the &ts or omissions of the
unemn&ipted minor. 2he prents, 'udi&il !urdins or the persons e)er&isin!
substitute prentl uthority over sid minor shll be subsidirily lible.
2he respe&tive libilities of those referred to in the pre&edin! pr!rph shll not pply
if it is proved tht they e)er&ised the proper dili!en&e re(uired under the prti&ulr
&ir&umstn&es.
All other &ses not &overed by this nd the pre&edin! rti&les shll be !overned by the
provisions of the Civil Code on (usi9deli&ts. *n-
Chapter (. Ee&t o Pare'ta+ Authorit0
.po' the Perso's o the Chi+%re'
Art. ,,:. 2he prents nd those e)er&isin! prentl uthority shll hve with the
respe&t to their unemn&ipted &hildren on wrds the followin! ri!hts nd duties#
*$- 2o 3eep them in their &ompny, to support, edu&te nd instru&t them by ri!ht
pre&ept nd !ood e)mple, nd to provide for their upbrin!in! in 3eepin! with
their mens/
*,- 2o !ive them love nd ffe&tion, dvi&e nd &ounsel, &ompnionship nd
understndin!/
*1- 2o provide them with morl nd spiritul !uidn&e, in&ul&te in them honesty,
inte!rity, self9dis&ipline, self9relin&e, industry nd thrift, stimulte their interest in
&ivi& ffirs, nd inspire in them &omplin&e with the duties of &iti0enship/
*4- 2o furnish them with !ood nd wholesome edu&tionl mterils, supervise
their &tivities, re&retion nd sso&ition with others, prote&t them from bd
&ompny, nd prevent them from &(uirin! hbits detrimentl to their helth,
studies nd morls/
*+- 2o represent them in ll mtters ffe&tin! their interests/
*7- 2o demnd from them respe&t nd obedien&e/
*5- 2o impose dis&ipline on them s my be re(uired under the &ir&umstn&es/
nd
*6- 2o perform su&h other duties s re imposed by lw upon prents nd
!urdins. *1$7-
Art. ,,$. Prents nd other persons e)er&isin! prentl uthority shll be &ivilly lible
for the in'uries nd dm!es &used by the &ts or omissions of their unemn&ipted
&hildren livin! in their &ompny nd under their prentl uthority sub'e&t to the
pproprite defenses provided by lw. *,$6:*,- nd *4- -
Art. ,,,. 2he &ourts my ppoint !urdin of the &hild8s property or !urdin d
litem when the best interests of the &hild so re(uires. *1$5-
Art. ,,1. 2he prents or, in their bsen&e or in&p&ity, the individul, entity or
institution e)er&isin! prentl uthority, my petition the proper &ourt of the pl&e
where the &hild resides, for n order providin! for dis&iplinry mesures over the &hild.
2he &hild shll be entitled to the ssistn&e of &ounsel, either of his &hoi&e or
ppointed by the &ourt, nd summry herin! shll be &ondu&ted wherein the
petitioner nd the &hild shll be herd.
?owever, if in the sme pro&eedin! the &ourt finds the petitioner t fult, irrespe&tive of
the merits of the petition, or when the &ir&umstn&es so wrrnt, the &ourt my lso
order the deprivtion or suspension of prentl uthority or dopt su&h other mesures
s it my deem 'ust nd proper. *1$6-
Art. ,,4. 2he mesures referred to in the pre&edin! rti&le my in&lude the
&ommitment of the &hild for not more thn thirty dys in entities or institutions en!!ed
in &hild &re or in &hildren8s homes duly &&redited by the proper !overnment !en&y.
2he prent e)er&isin! prentl uthority shll not interfere with the &re of the &hild
whenever &ommitted but shll provide for his support. Upon proper petition or t its
own instn&e, the &ourt my terminte the &ommitment of the &hild whenever 'ust nd
proper. *1;$-
Chapter 1. Ee&t o Pare'ta+ Authorit0
.po' the Propert0 o the Chi+%re'
Art. ,,+. 2he fther nd the mother shll 'ointly e)er&ise le!l !urdinship over the
property of the unemn&ipted &ommon &hild without the ne&essity of &ourt
ppointment. In &se of dis!reement, the fther8s de&ision shll previl, unless there
is 'udi&il order to the &ontrry.
<here the mr3et vlue of the property or the nnul in&ome of the &hild e)&eeds
P+:,:::, the prent &on&erned shll be re(uired to furnish bond in su&h mount s
the &ourt my determine, but not less thn ten per &entum *$:E- of the vlue of the
property or nnul in&ome, to !urntee the performn&e of the obli!tions pres&ribed
for !enerl !urdins.
A verified petition for pprovl of the bond shll be filed in the proper &ourt of the pl&e
where the &hild resides, or, if the &hild resides in forei!n &ountry, in the proper &ourt
of the pl&e where the property or ny prt thereof is situted.
2he petition shll be do&3eted s summry spe&il pro&eedin! in whi&h ll in&idents
nd issues re!rdin! the performn&e of the obli!tions referred to in the se&ond
pr!rph of this Arti&le shll be herd nd resolved.
2he ordinry rules on !urdinship shll be merely suppletory e)&ept when the &hild is
under substitute prentl uthority, or the !urdin is strn!er, or prent hs
remrried, in whi&h &se the ordinry rules on !urdinship shll pply. *1,:-
Art. ,,7. 2he property of the unemn&ipted &hild erned or &(uired with his wor3 or
industry or by onerous or !rtuitous title shll belon! to the &hild in ownership nd shll
be devoted e)&lusively to the ltter8s support nd edu&tion, unless the title or trnsfer
provides otherwise.
2he ri!ht of the prents over the fruits nd in&ome of the &hild8s property shll be
limited primrily to the &hild8s support nd se&ondrily to the &olle&tive dily needs of
the fmily. *1,$, 1,1-
Art. ,,5. If the prents entrust the mn!ement or dministrtion of ny of their
properties to n unemn&ipted &hild, the net pro&eeds of su&h property shll belon!
to the owner. 2he &hild shll be !iven resonble monthly llown&e in n mount
not less thn tht whi&h the owner would hve pid if the dministrtor were
strn!er, unless the owner, !rnts the entire pro&eeds to the &hild. In ny &se, the
pro&eeds thus !ive in whole or in prt shll not be &hr!ed to the &hild8s le!itime.
*1,,-
Chapter 5. Suspe'sio' or Ter$i'atio' o Pare'ta+ Authorit0
Art. ,,6. Prentl uthority termintes permnently#
*$- Upon the deth of the prents/
*,- Upon the deth of the &hild/ or
*1- Upon emn&iption of the &hild. *1,5-
Art. ,,;. Unless subse(uently revived by finl 'ud!ment, prentl uthority lso
termintes#
*$- Upon doption of the &hild/
*,- Upon ppointment of !enerl !urdin/
*1- Upon 'udi&il de&lrtion of bndonment of the &hild in &se filed for the
purpose/
*4- Upon finl 'ud!ment of &ompetent &ourt divestin! the prty &on&erned of
prentl uthority/ or
*+- Upon 'udi&il de&lrtion of bsen&e or in&p&ity of the person e)er&isin!
prentl uthority. *1,5-
Art. ,1:. Prentl uthority is suspended upon &onvi&tion of the prent or the person
e)er&isin! the sme of &rime whi&h &rries with it the penlty of &ivil interdi&tion. 2he
uthority is utomti&lly reinstted upon servi&e of the penlty or upon prdon or
mnesty of the offender. *11:-
Art. ,1$. 2he &ourt in n &tion filed for the purpose in relted &se my lso
suspend prentl uthority if the prent or the person e)er&isin! the sme#
*$- 2rets the &hild with e)&essive hrshness or &ruelty/
*,- Fives the &hild &orruptin! orders, &ounsel or e)mple/
*1- Compels the &hild to be!/ or
*4- >ub'e&ts the &hild or llows him to be sub'e&ted to &ts of ls&iviousness.
2he !rounds enumerted bove re deemed to in&lude &ses whi&h hve resulted
from &ulpble ne!li!en&e of the prent or the person e)er&isin! prentl
uthority. lwphi$.net
If the de!ree of seriousness so wrrnts, or the welfre of the &hild so demnds, the
&ourt shll deprive the !uilty prty of prentl uthority or dopt su&h other mesures
s my be proper under the &ir&umstn&es.
2he suspension or deprivtion my be revo3ed nd the prentl uthority revived in
&se filed for the purpose or in the sme pro&eedin! if the &ourt finds tht the &use
therefor hs &esed nd will not be repeted. *11-
Art. ,1,. If the person e)er&isin! prentl uthority hs sub'e&ted the &hild or llowed
him to be sub'e&ted to se)ul buse, su&h person shll be permnently deprived by
the &ourt of su&h uthority. *n-
Art. ,11. 2he person e)er&isin! substitute prentl uthority shll hve the sme
uthority over the person of the &hild s the prents.
In no &se shll the s&hool dministrtor, te&her of individul en!!ed in &hild &re
e)er&isin! spe&il prentl uthority infli&t &orporl punishment upon the &hild. *n-
TITLE 8
EMANCIPATION AND AGE OF MA9ORITY
Art. ,14. @mn&iption t3es pl&e by the ttinment of m'ority. Unless otherwise
provided, m'ority &ommen&es t the !e of twenty9one yers.
@mn&iption lso t3es pl&e#
*$- Ay the mrri!e of the minor/ or
*,- Ay the re&ordin! in the Civil Re!ister of n !reement in publi& instrument
e)e&uted by the prent e)er&isin! prentl uthority nd the minor t lest
ei!hteen yers of !e. >u&h emn&iption shll be irrevo&ble. *1;5, 1;6,
4::, 4:$-
Art. ,1+. 2he provisions !overnin! emn&iption by re&orded !reement shll lso
pply to n orphn minor nd the person e)er&isin! prentl uthority but the
!reement must be pproved by the &ourt before it is re&orded. *n-
Art. ,17. @mn&iption for ny &use shll terminte prentl uthority over the person
nd property of the &hild who shll then be (ulified nd responsible for ll &ts of &ivil
life. *4$,-
Art. ,15. 2he nnulment or de&lrtion of nullity of the mrri!e of minor or of the
re&orded !reement mentioned in the fore!oin!. Arti&les ,14 nd ,1+ shll revive the
prentl uthority over the minor but shll not ffe&t &ts nd trns&tions tht too3
pl&e prior to the re&ordin! of the finl 'ud!ment in the Civil Re!ister. *n-
TITLE 8I
S.MMARY 9.DICIAL PROCEEDINGS IN THE FAMILY LA-
Chapter 1. Preator0 Pro/isio's
Art. ,16. Until modified by the >upreme Court, the pro&edurl rules provided for in this
2itle shll pply s re!rds seprtion in f&t between husbnd nd wife,
bndonment by one of the other, nd in&idents involvin! prentl uthority. *n-
Chapter ". Separatio' i' Fa&t
Art. ,1;. <hen husbnd nd wife re seprted in f&t, or one hs bndoned the
other nd one of them see3s 'udi&il uthori0tion for trns&tion where the &onsent
of the other spouse is re(uired by lw but su&h &onsent is withheld or &nnot be
obtined, verified petition my be filed in &ourt lle!in! the fore!oin! f&ts.
2he petition shll tt&h the proposed deed, if ny, embodyin! the trns&tion, nd, if
none, shll des&ribe in detil the sid trns&tion nd stte the reson why the
re(uired &onsent thereto &nnot be se&ured. In ny &se, the finl deed duly e)e&uted
by the prties shll be submitted to nd pproved by the &ourt. *n-
Art. ,4:. Clims for dm!es by either spouse, e)&ept &osts of the pro&eedin!s, my
be liti!ted only in seprte &tion. *n-
Art. ,4$. Durisdi&tion over the petition shll, upon proof of noti&e to the other spouse,
be e)er&ised by the proper &ourt uthori0ed to her fmily &ses, if one e)ists, or in the
re!ionl tril &ourt or its e(uivlent sittin! in the pl&e where either of the spouses
resides. *n-
Art. ,4,. Upon the filin! of the petition, the &ourt shll notify the other spouse, whose
&onsent to the trns&tion is re(uired, of sid petition, orderin! sid spouse to show
&use why the petition should not be !rnted, on or before the dte set in sid noti&e
for the initil &onferen&e. 2he noti&e shll be &&ompnied by &opy of the petition
nd shll be served t the lst 3nown ddress of the spouse &on&erned. *n-
Art. ,41. A preliminry &onferen&e shll be &ondu&ted by the 'ud!e personlly without
the prties bein! ssisted by &ounsel. After the initil &onferen&e, if the &ourt deems it
useful, the prties my be ssisted by &ounsel t the su&&eedin! &onferen&es nd
herin!s. *n-
Art. ,44. In &se of non9ppern&e of the spouse whose &onsent is sou!ht, the &ourt
shll in(uire into the resons for his filure to pper, nd shll re(uire su&h
ppern&e, if possible. *n-
Art. ,4+. If, despite ll efforts, the ttendn&e of the non9&onsentin! spouse is not
se&ured, the &ourt my pro&eed e) prte nd render 'ud!ment s the f&ts nd
&ir&umstn&es my wrrnt. In ny &se, the 'ud!e shll endevor to prote&t the
interests of the non9pperin! spouse. *n-
Art. ,47. If the petition is not resolved t the initil &onferen&e, sid petition shll be
de&ided in summry herin! on the bsis of ffidvits, do&umentry eviden&e or orl
testimonies t the sound dis&retion of the &ourt. If testimony is needed, the &ourt shll
spe&ify the witnesses to be herd nd the sub'e&t9mtter of their testimonies, dire&tin!
the prties to present sid witnesses. *n-
Art. ,45. 2he 'ud!ment of the &ourt shll be immeditely finl nd e)e&utory. *n-
Art. ,46. 2he petition for 'udi&il uthority to dminister or en&umber spe&ifi& seprte
property of the bndonin! spouse nd to use the fruits or pro&eeds thereof for the
support of the fmily shll lso be !overned by these rules. *n-
Chapter (. I'&i%e'ts I'/o+/i'! Pare'ta+ Authorit0
Art. ,4;. Petitions filed under Arti&les ,,1, ,,+ nd ,1+ of this Code involvin! prentl
uthority shll be verified.. *n-
Art. ,+:. >u&h petitions shll be verified nd filed in the proper &ourt of the pl&e where
the &hild resides. *n-
Art. ,+$. Upon the filin! of the petition, the &ourt shll notify the prents or, in their
bsen&e or in&p&ity, the individuls, entities or institutions e)er&isin! prentl
uthority over the &hild. *n-
Art. ,+,. 2he rules in Chpter , hereof shll lso !overn summry pro&eedin!s under
this Chpter insofr s they re ppli&ble. *n-
TITLE 8II
FINAL PRO)ISIONS
Art. ,+1. 2itles III, IG, G, GI, GIII, IB, BI, nd BG of Aoo3 $ of Republi& A&t No. 167,
otherwise 3nown s the Civil Code of the Philippines, s mended, nd Arti&les $5, $6,
$;, ,5, ,6, ,;, 1:, 1$, 1;, 4:, 4$, nd 4, of Presidentil =e&ree No. 7:1, otherwise
3nown s the Child nd Houth <elfre Code, s mended, nd ll lws, de&rees,
e)e&utive orders, pro&lmtions, rules nd re!ultions, or prts thereof, in&onsistent
herewith re hereby repeled.
Art. ,+4. If ny provision of this Code is held invlid, ll the other provisions not
ffe&ted thereby shll remin vlid.
Art. ,++. 2his Code shll hve retro&tive effe&t insofr s it does not pre'udi&e or
impir vested or &(uired ri!hts in &&ordn&e with the Civil Code or other lws.
Art. ,7+. 2his Code shll t3e effe&t one yer fter the &ompletion of its publi&tion in
newspper of !enerl &ir&ultion, s &ertified by the @)e&utive >e&retry, Offi&e of the
President.
=one in the City of %nil, this 7th dy of Duly, in the yer of Our .ord, nineteen
hundred nd ei!hty9seven.