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TITLE 1 MARRIAGE 2.

No marriage shall be valid, unless these essential


requisites are present:
A. Legal capacity of the contracting parties who must be a
Chapter 1 REQUISITES OF MARRIAGE male and a female
B. Consent freely given in the presence of the solemnizing
1. Marriage officer
a. A special contract of permanent union The marrying age is 18 years old
b. Between a man and a woman and above o This age is likewise the
c. Entered into in accordance with the law age of majority Each contracting
d. For the establishment of conjugal and family life parties must be of different sex
Free consent connotes that the contracting parties
It is the foundation of the family and an inviolable social
willingly and deliberately entered into the marriage
institution whose nature, consequences and incidents
are governed by law and not subject to stipulation
3. The formal requisites of marriage are:
except that marriage settlements may fix the property
relation during the marriage within the limits provided A. Authority of the solemnizing officer
by this code B. A valid marriage license except in the cases provided
Upon marriage, the husband and the wife become one for in Chapter 2 of this Title
single moral, spiritual and social being, not only for C. A marriage ceremonytakes place with the
the purpose of procreation but also for the purpose of appearance of the contracting parties before the
mutual help and protection physically, morally and solemnizing officer and their personal declaration that
materially they take each other as husband and wife in the
The marital relation, unlike ordinary contractual presence of not less than 2 witnesses of legal age
relations, is regarded by the laws as the basis of the It is not the presence or absence of the solemnizing
social organization officer which constitutes the formal requirement but
The preservation of that relation is deemed essential to it is the absence or presence of the authority of such
public welfare solemnizing officer
Marriage as a special contract cannot be restricted by o Under the Local Government Code, the mayor of a city or
discriminatory policies of private individuals or municipality is empowered to solemnize a marriage
corporations A valid marriage license must be
Marriage is one of the cases of double status, in that the a. Issued by the local civil registrar of the place where the
status therein involves and affects 2 persons marriage application was filed
The right to marry is a recognized fundamental human b. Once issued, it has only a lifetime of 120 days from date of
right under international law issue and is effective in any part of the Philippines
While a lawful marriage seeks to create a permanent o There is automatic cancellation after the lapse of 120 days
union between man and woman, it does not shed the c. Date of issue is the date of the signing of the
spouses integrity or their privacy as individuals marriage license by the local civil registrar

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The Family Code does not generally prescribe any
particular form of a marriage ceremony 6. No prescribed form or religious rite for the solemnization of
o The minimum requirement of the law is found on (C) the marriage is required. It shall be necessary, however,
The absence of 2 witnesses of legal age in a marriage for the contracting parties to appear personally before the
ceremony is merely an irregularity in the said formal solemnizing officer and declare in the presence of not less
requirement which, according to Art. 4, shall not than two witnesses of legal age that they take each other
affect the validity of the marriage but the party or as husband and wife. This declaration shall be contained in
parties responsible for the irregularity shall be civilly, the marriage certificate which shall be signed by the
criminally, and administratively liable
contracting parties and their witnesses and attested by the
Common-law marriages are not recognized in the
solemnizing officer.
Philippines o Common-law marriagea non-ceremonial
or informal marriage by agreement, entered into by a
man and a woman having capacity to marry, ordinarily In case of a marriage in articulo mortis, when the party
without compliance with such statutory formalities as at the point of death is unable to sign the marriage
those pertaining to marriage licenses certificate, it shall be sufficient for one of the witnesses
to the marriage to write the name of said party, which
4. Absence of any of the essential formal requisites shall fact shall be attested by the solemnizing officer.
render the marriage void ab initio, except as stated in Art.
35(2). 7. Marriage may be solemnized by:
A. Any incumbent member of the judiciary within the
A defect in any of the essential requisites shall not court's jurisdiction
affect the validity of the marriage but the party or The jurisdiction of Court of Tax Appeals,
parties responsible for the irregularity shall be civilly, Sandiganbayan, CA and SC is national in scope
criminally and administratively liable. If a marriage is solemnized by a judge beyond his
The practice of a judge of requiring the parties to sign jurisdiction, there is absence of a formal requisite,
the marriage contract first before solemnization of namely, the authority of the solemnizing officer;
the marriage is highly improper and irregular, if not hence, the marriage in void unless either of the
illegal, however, it does not invalidate the marriage parties believed in good faith that such solemnizing
because a marriage contract is not a formal officer has authority to conduct such marriage
requirement of valid marriage B. Any priest, rabbi, imam, or minister of any church or
Mere breach of a promise to marry is not an actionable religious sect
wrong o But, actual damages may be awarded for the 1. Duly authorized by his church or religious sect
expenses incurred relative to the preparation for the 2. Registered with the civil registrar general
wedding
3. Acting within the limits of the written authority granted by
his church or religious sect
5. Any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in 4. Provided that at least one of the contracting parties
Articles 37 and 38, may contract marriage. belongs to the solemnizing officer's church or religious sect

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Priestone especially consecrated to the service of a They can solemnize marriage abroad only when the
divinity and considered as the medium through who contracting parties are both Filipino citizens
worship, prayer, sacrifice, or other service is to be
offered to the one being worshipped, and pardon, 8. The marriage shall be solemnized publicly in the chambers
blessing, and deliverance, obtained by the worshipper of the judge or in open court, in the church, chapel or
C. Any ship captain or airplane chief only in the case temple, or in the office the consul-general, consul or vice-
mentioned in Art. 31 consul, as the case may be, and not elsewhere, except in
For a ship captain or airplane chief to be able to validly cases of marriages contracted on the point of death or in
solemnize a marriage, the following requisites must remote places in accordance with Article 29 of this Code,
concur: or where both of the parties request the solemnizing officer
a. Marriage must be in articulo mortis (at least one of the in writing in which case the marriage may be solemnized
parties is at the point of death) at a house or place designated by them in a sworn
b. Marriage must be between passengers or crew members statement to that effect.
c. Generally, the ship must be at sea or the plane must be in
This article is directory in nature
flight
Its non-observance will not invalidate a marriage
Such marriages can be solemnized during stopovers at
ports of call
D. Any military commander of a unit to which a chaplain is 9. A marriage license shall be issued by the local civil
assigned, in the absence of the latter, during a military registrar of the city or municipality where either
operation, likewise only in the cases mentioned in Art. 32; contracting party habitually resides, except in marriages
where no license is required in accordance with Chapter 2
Requisites:
of this Title.
a. He or she must be a military commander of a unit
b. He or she must be a commissioned officerrank must Non-compliance is merely an irregularity which will not
start from render the marriage null and void
2nd lieutenant
c. A chaplain must be assigned to such unit 10. Marriages between Filipino citizens abroad may be
d. Said chaplain must be absent at the time of marriage solemnized by a consul-general, consul or vice-consul of
e. Marriage must be one in articulo mortis the Republic of the Philippines. The issuance of the
f. Contracting parties, whether members of the armed marriage license and the duties of the local civil registrar
forces or civilians, must be within the zone of military and of the solemnizing officer with regard to the
operation celebration of marriage shall be performed by said
unitrefers to a battalion consular official.
within the zone of military operationimplies a
widespread military activity over an area and does 11. Where a marriage license is required, each of the
not refer to a simulated exercise contracting parties shall file separately a sworn application
E. Any consul-general, consul or vice-consul in the case for such license with the proper local civil registrar which
provided in Art. 10 shall specify the following:
A. Full name of the contracting party;

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B. Place of birth; or if it is shown by an affidavit of such party or of any
C. Age and date of birth; other person that such birth or baptismal certificate has
D. Civil status; not yet been received though the same has been
E. If previously married, how, when and where the required of the person having custody thereof at least
previous marriage was dissolved or annulled; fifteen days prior to the date of the application, such
party may furnish in lieu thereof his current residence
F. Present residence and citizenship;
certificate or an instrument drawn up and sworn to
G. Degree of relationship of the contracting parties; before the local civil registrar concerned or any public
H. Full name, residence and citizenship of the father; official authorized to administer oaths. Such instrument
I. Full name, residence and citizenship of the mother; shall contain the sworn declaration of two witnesses of
and lawful age, setting forth the full name, residence and
J. Full name, residence and citizenship of the guardian or citizenship of such contracting party and of his or her
person having charge, in case the contracting party parents, if known, and the place and date of birth of
has neither father nor mother and is under the age of such party. The nearest of kin of the contracting parties
twenty-one years. shall be preferred as witnesses, or, in their default,
persons of good reputation in the province or the
The applicants, their parents or guardians shall not be locality.
required to exhibit their residence certificates in any
formality in connection with the securing of the marriage The presentation of birth or baptismal certificate shall
license. not be required if the parents of the contracting parties
Purpose of documentary requirements is to serve as appear personally before the local civil registrar
proofs for the existence of marriage concerned and swear to the correctness of the lawful
age of said parties, as stated in the application, or when
12. The local civil registrar, upon receiving such the local civil registrar shall, by merely looking at the
application, shall require the presentation of the original applicants upon their personally appearing before him,
birth certificates or, in default thereof, the baptismal be convinced that either or both of them have the
certificates of the contracting parties or copies of such required age.
documents duly attested by the persons having custody of
the originals. These certificates or certified copies of the 13. In case either of the contracting parties has been
documents by this Article need not be sworn to and shall previously married, the applicant shall be required to
be exempt from the documentary stamp tax. The signature furnish, instead of the birth or baptismal certificate
and official title of the person issuing the certificate shall required in the last preceding article, the death certificate
be sufficient proof of its authenticity. of the deceased spouse or the judicial decree of the
absolute divorce, or the judicial decree of annulment or
If either of the contracting parties is unable to produce declaration of nullity of his or her previous marriage.
his birth or baptismal certificate or a certified copy of
either because of the destruction or loss of the original

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In case the death certificate cannot be secured, the application therefor. A sworn statement by the contracting
party shall make an affidavit setting forth this parties to the effect that such advice has been sought,
circumstance and his or her actual civil status and the together with the written advice given, if any, shall be
name and date of death of the deceased spouse. attached to the application for marriage license. Should
the parents or guardian refuse to give any advice, this fact
14. In case either or both of the contracting parties, not shall be stated in the sworn statement.
having been emancipated by a previous marriage, are
between the ages of eighteen and twenty-one, they shall, 16. In the cases where parental consent or parental
in addition to the requirements of the preceding articles, advice is needed, the party or parties concerned shall, in
exhibit to the local civil registrar, the consent to their addition to the requirements of the preceding articles,
marriage of their father, mother, surviving parent or attach a certificate issued by a priest, imam or minister
guardian, or persons having legal charge of them, in the authorized to solemnize marriage under Article 7 of this
order mentioned. Such consent shall be manifested in Code or a marriage counselor duly accredited by the
writing by the interested party, who personally appears proper government agency to the effect that the
before the proper local civil registrar, or in the form of an contracting parties have undergone marriage counseling.
affidavit made in the presence of two witnesses and Failure to attach said certificates of marriage counseling
attested before any official authorized by law to administer shall suspend the issuance of the marriage license for a
oaths. The personal manifestation shall be recorded in period of three months from the completion of the
both applications for marriage license, and the affidavit, if publication of the application. Issuance of the marriage
one is executed instead, shall be attached to said license within the prohibited period shall subject the
applications. issuing officer to administrative sanctions but shall not
There is no more emancipation by marriage under the affect the validity of the marriage.
Family Code
The contracting parties between 18 years old and Should only one of the contracting parties need
above but below 21 years old of age must obtain the parental consent or parental advice, the other party
consent of the parents must be present at the counseling referred to in the
o Non-compliance will make the marriage annullable preceding paragraph.
Preference is given to the father to give consent o If he Absence of parental advice for contracting parties
cannot, the mother, surviving parent or guardian or between the age of
persons having legal charge of them in the order 21 and 25 does not affect the marriage
mentioned shall give the consent It does not even make the marriage annullable

15. Any contracting party between the age of twenty- 17. The local civil registrar shall
one and twentyfive shall be obliged to ask their parents or
a. Prepare a notice which shall contain the full names and
guardian for advice upon the intended marriage. If they do
residences of the applicants for a marriage license and
not obtain such advice, or if it be unfavorable, the
other data given in the applications.
marriage license shall not be issued till after three months
following the completion of the publication of the
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b. Notice shall be posted for 10 consecutive days on a established by their affidavit, or by their oath before the
bulletin board outside the office of the local civil registrar local civil registrar.
located in a conspicuous place within the building and
accessible to the general public. 20. The license shall be
c. This notice shall request all persons having knowledge of Valid in any part of the Philippines
any impediment to the marriage to advise the local civil For a period of 120 days from the date of issue
registrar thereof.
Shall be deemed automatically canceled at the
d. The marriage license shall be issued after the completion
expiration of the said period if the contracting parties
of the period of publication.
have not made use of it
The expiry date shall be stamped in bold characters on
18. In case of any impediment known to the local civil
the face of every license issued.
registrar or brought to his attention
He shall note down the particulars thereof and his findings
21. When either or both of the contracting parties are
thereon in the application for marriage license
citizens of a foreign country, it shall be necessary for them
But shall nonetheless issue said license after the before a marriage license can be obtained, to submit a
completion of the period of publication certificate of legal capacity to contract marriage, issued by
Unless ordered otherwise by a competent court at his own their respective diplomatic or consular officials.
instance or that of any interest party
No filing fee shall be charged for the petition nor a Stateless persons or refugees from other countries
corresponding bond required for the issuances of the order shall, in lieu of the certificate of legal capacity herein
Only court intervention directing the non-issuance of the required, submit an affidavit stating the circumstances
marriage license can empower the local civil registrar showing such capacity to contract marriage.
to validly refuse to issue said license A certificate of legal capacity is necessary because the
If, despite an injunction order from court, the local civil Philippines adheres to the national law of the
registrar nevertheless issues a marriage license and a contracting parties with respect to their legal capacity
marriage is solemnized on the basis of such marriage to contract marriage
license, the marriage will still be valid
19. The local civil registrar shall 22. The marriage certificate, in which the parties shall
Require the payment of the fees prescribed by law or declare that they take each other as husband and wife,
regulations before the issuance of the marriage license shall also state:
No other sum shall be collected in the nature of a fee or A. The full name, sex and age of each contracting party;
tax of any kind for the issuance of said license B. Their citizenship, religion and habitual residence;
It shall, however, be issued free of charge to indigent C. The date and precise time of the celebration of the
parties, that is those who have no visible means of income marriage;
or whose income is insufficient for their subsistence a fact

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D. That the proper marriage license has been issued Legal status of a person to marry, his or her rights and
according to law, except in marriage provided for in duties are governed by law on contract and therefore
Chapter 2 of this Title; can be a subject of a petition for declaratory relief
E. That either or both of the contracting parties have
secured the parental consent in appropriate cases; 24. It shall be the duty of the local civil registrar to
prepare the documents required by this Title, and to
F. That either or both of the contracting parties have
administer oaths to all interested parties without any
complied with the legal requirement regarding parental
charge in both cases. The documents and affidavits filed in
advice in appropriate cases; and
connection with applications for marriage licenses shall be
G. That the parties have entered into marriage exempt from documentary stamp tax.
settlement, if any, attaching a copy thereof.
Any certification issued by the local civil registrar in
connection with any matter involving the marriage of
23. It shall be the duty of the person solemnizing the any particular individual within his or her jurisdiction
marriage to furnish either of the contracting parties the is given high probative value
original of the marriage certificate referred to in Article 6
and to send the duplicate and triplicate copies of the 25. The local civil registrar concerned shall enter all
certificate not later than fifteen days after the marriage, to applications for marriage licenses filed with him in a
the local civil registrar of the place where the marriage registry book strictly in the order in which the same are
was solemnized. Proper receipts shall be issued by the received. He shall record in said book the names of the
local civil registrar to the solemnizing officer transmitting applicants, the date on which the marriage license was
copies of the marriage certificate. The solemnizing officer issued, and such other data as may be necessary.
shall retain in his file the quadruplicate copy of the
marriage certificate, the copy of the marriage certificate, 26. All marriages solemnized outside the Philippines, in
the original of the marriage license and, in proper cases, accordance with the laws in force in the country where
the affidavit of the contracting party regarding the they were solemnized, and valid there as such, shall also
solemnization of the marriage in place other than those be valid in this country, except those
mentioned in Art. 8.
prohibited under Articles 35 (1), (4), (5) and (6), 3637
The primary or best evidence of a marriage is the and 38. (17a)
marriage contract or the marriage certificate
Failure to present a marriage certificate is not fatal in a
case where a marriage is in dispute, as the parties can Where a marriage between a Filipino citizen and a
still rely on the presumption of marriage foreigner is validly celebrated and a divorce is
A marriage may be proved by parol evidence thereafter validly obtained abroad by the alien spouse
With respect to a marriage ceremony, testimony of an capacitating him or her to remarry, the Filipino spouse
eye witness to be sufficient should disclose not only the shall have capacity to remarry under Philippine law.
performance of the ceremony by someone, but that all Common-law marriages obtained abroad by Filipinos
the circumstances attending it were such as to are not valid here
constitute it a legal marriage

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Same sex marriage of Filipinos abroad is invalid here in The marriage will remain valid even if the ailing part
the Philippines subsequently survives

Chapter 2 MARRIAGES EXEMPTED FROM LICENSE 30. The original of the affidavit required in the last
REQUIREMENT preceding article, together with the legible copy of the
marriage contract, shall be sent by the person solemnizing
27. In case either or both of the contracting parties are the marriage to the local civil registrar of the municipality
at the point of death, the marriage may be solemnized where it was performed within the period of thirty days
without necessity of a marriage license and shall remain after the performance of the marriage.
valid even if the ailing party subsequently survives.
Exemption from marriage license 31. A marriage in articulo mortis between passengers or
Reason: anchored on necessity and practicality such as crew members may also be solemnized by a ship captain
in the case of marriages in articulo mortis or by an airplane pilot not only while the ship is at sea or
the plane is in flight, but also during stopovers at ports of
28. If the residence of either party is so located that call.
there is no means of transportation to enable such party to
appear personally before the local civil registrar, the 32. A military commander of a unit, who is a
marriage may be solemnized without necessity of a commissioned officer, shall likewise have authority to
marriage license. solemnize marriages in articulo mortis between persons
A sacred institution like marriage should always be within the zone of military operation, whether members of
encouraged the armed forces or civilians.
Without this provision, illicit relationships may
proliferate 33. Marriages among Muslims or among members of the
ethnic cultural communities may be performed validly
29. In the cases provided for in the two preceding without the necessity of marriage license, provided they
articles, the solemnizing officer shall state in an affidavit are solemnized in accordance with their customs, rites or
executed before the local civil registrar or any other person practices.
legally authorized to administer oaths that the marriage
was performed inarticulo mortis or that the residence of
34. No license shall be necessary for the marriage of a
either party, specifying the barrio or barangay, is so
man and a woman who have lived together as husband
located that there is no means of transportation to enable
and wife for at least five years and without any legal
such party to appear personally before the local civil
impediment to marry each other. The contracting parties
registrar and that the officer took the necessary steps to
shall state the foregoing facts in an affidavit before any
ascertain the ages and relationship of the contracting
person authorized by law to administer oaths. The
parties and the absence of legal impediment to the
solemnizing officer shall also state under oath that he
marriage.
ascertained the qualifications of the contracting parties are
found no legal impediment to the marriage.

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2 essential requirements to be exempt: D. Those bigamous or polygamous marriages not failing
a. They must live as husband and wife for at least 5 years under Art. 41
characterized by exclusivity and continuity that is E. Those contracted through mistake of one contracting
unbroken party as to the identity of the other
b. They must be without legal impediment to marry each F. Those subsequent marriages that are void under
other
Article 53 A void marriage is not valid from its
o The legal impediment must be construed to refer
inception
only to the time of the actual marriage celebration
Stepbrothers and stepsisters can validly marry each
other
Chapter 3 VOID AND VOIDABLE MARRIAGES GR: Good faith and bad faith is immaterial in
determining whether or not a marriage is null and void
Exceptions:
Void ab initio Voidable or Annullable
1. In believing that a solemnizing officer has authority to
Considered as having never Valid until otherwise solemnize the marriage
to have taken place and declared by the court 2. A person whose spouse disappears for 4 years or 2 years,
cannot be the source of in the proper cases, the present spouse may validly marry
rights again if he or she
Can be attacked collaterally Cannot be assailed a. Has a well-founded belief that his or her spouse is dead
collaterally b. Procures a judicial declaration of presumptive death
Can be questioned even Can be assailed only during c. At the time of the subsequent marriage ceremony, is in
good faith together with the subsequent spouse
after death of either party the lifetime of the parties
Good faith and bad faith are material in determining the
and not after death of either disposition of properties
Any proper party may attack Only parties can assail Direct attackfiling a case precisely putting forth as
Can never be ratified or principal issue the nullity of the marriage
cured o Under this, only the husband and the wife can file an
action
35. The following marriages shall be void from the 3 cases where direct attack, not collateral attach, on the
beginning: nullity of marriage must first be undertaken:
A. Those contracted by any party below eighteen years of 1. For purposes of remarriage on the basis solely of a final
age even with the consent of parents or guardians judgment declaring such marriage void
B. Those solemnized by any person not legally authorized 2. For other purposes, such as but not limited to
to perform marriages unless such marriages were determination of heirship, legitimacy or illegitimacy of the
contracted with either or both parties believing in good child, settlement of estate, dissolution of property regime,
or a criminal case where a final declaration of nullity is
faith that the solemnizing officer had the legal
necessary
authority to do so
C. Those solemnized without license, except those
covered the preceding Chapter
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3. If a donor desires to revoke a donation propter nuptias, it o The incapacity consists of the following
is important that a judicial declaration of nullity of the d. A true inability to commit oneself to the essentials of
marriage must first be obtained marriage
putative marriagea matrimonial union which has e. This inability must refer to the essential obligations of
been solemnized in due form and good faith on the marriage
part of one or of both of the parties but which by f. The inability must be tantamount to a psychological
reason of some legal infirmity is either void or voidable abnormality
good faithan honest and reasonable belief that the Insanity v. psychological incapacity
marriage was valid at its inception, and that no legal Insanity Psychological incapacity
impediment exists to impair its validity Ground for voidable Ground for void ab initio
mistake in identityan instance of fraud which makes
the marriage void which covers only those situations in marriage marriage
which there has been a mistake as to the actual Curable and there are lucid Incurable
physical identity of the other party intervals
Vices of consent Not a species of vices of
36. A marriage contracted by any party who, at the time of consent
the celebration, was psychologically incapacitated to
comply with the essential marital obligations of Indicators of psychological incapacity:
marriage, shall likewise be void even if such incapacity a. Fear of a wife, who is afraid of children, to engage in
becomes manifest only after its solemnization. sexual intercourse
The determination is left solely with the court on a case- b. Unreasonable attachment by a spouse to his or her family
to-case basis or friends such that the importance and devotion which
Psychological incapacity must relate to the compliance should be given to his or her spouse and children are
with the essential marital obligations subordinated
c. A woman who submits herself to sexual intercourse just
o Lack of understanding of the essential obligations of
because she is obliged to do so, and this happened right
marriage o A mental disposition that causes a party to
from the beginning of marriage
be truly incognitive of the basic marital covenants that
d. Narcissistic personality
concomitantly must be assumed and discharged by the
parties to the marriage which include their mutual 6 elements necessary to the mature marital relationship:
obligations to live together, observe love, respect and 1. Permanent and faithful commitment to the marriage
fidelity and render help and support partner
o Psychological incapacity must be characterized by: 2. Openness to children and partner
a. Gravity 3. Stability
b. Juridical antecedence 4. Emotional maturity
c. incurability 5. Financial responsibility
o Psychological impotence = selective impotency a person 6. An ability to cope with the ordinary stresses and strains of
may be marriage
psychologically impotent with one but not with Psychological conditions that might lead to the failure of
another a marriage:

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a. Antisocial personality with its fundamental lack of loyalty A. Between ascendants and descendants of any
to persons or sense of moral values degree; and B. Between brothers and sisters, whether
b. Hyperesthesia, where the individual has no real freedom of the full or half blood.
or sexual choice Incestuous marriage is universally condemned as grossly
c. Inadequate personality where personal responses indecent, immoral and inimical to the purity and
consistently fall short of reasonable expectations happiness of the family and the welfare of future
Court may or may not accept the testimony of the generations
psychologist or psychiatrist because the decision must Reasons:
be based on the totality of evidence 1. Abhorrent to the nature of not only civilized but of
Guidelines in invoking and proving psychological barbarous and semi-civilized people
incapacity: 2. Tend to confuse rights and duties incident to family
1. Burden of proof to show nullity of marriage belongs to the relations
plaintiff 3. Science and experience have established that such
2. The root cause of the incapacity must be intermarriages very often result in deficient and
a. Medically or clinically identified degenerate offsprings
b. Alleged in the complaint
c. Sufficiently proven by experts 38. The following marriages shall be void from the
d. Clearly explained in the decision beginning for reasons of public policy:
3. Incapacity must be proven to be existing at the time of the A. Between collateral blood relatives whether legitimate
celebration of marriage, however, the manifestation of the or illegitimate, up to the fourth civil degree;
illness need not be perceivable at such time
B. Between step-parents and step-children;
4. Such incapacity must also be shown to be medically or
clinically permanent or incurable C. Between parents-in-law and children-in-law;
5. Such illness must be grave D. Between the adopting parent and the adopted child;
6. Essential marital obligations must be those under Arts. 68 E. Between the surviving spouse of the adopting parent
to 71 and the adopted child;
7. Interpretations given by the National Appellate F. Between the surviving spouse of the adopted child and
Matrimonial Tribunal of the Catholic Church in the the adopter;
Philippines, while not controlling or decisive, should be
G. Between an adopted child and a legitimate child of the
given great respect by our courts
adopter;
8. Trial court must order the prosecuting attorney or fiscal
and the Sol Gen to appear as counsel for the state, H. Between adopted children of the same adopter; and
however, the certification of the Sol Gen is not anymore I. Between parties where one, with the intention to marry
needed the other, killed that other person's spouse, or his or
her own spouse.
37. Marriages between the following are incestuous and
void from the beginning, whether relationship between
the parties be legitimate or illegitimate:

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Reason: it is the policy of the state to foster a normal, the Civil Code, an absence of only two years shall be
peaceful, and wholesome integral nuclear family unit sufficient.
which would constitute the very foundation of society
The law does not provide that marriages between For the purpose of contracting the subsequent marriage
collateral blood relatives by the half-blood are under the preceding paragraph the spouse present
prohibited
must institute a summary proceeding as provided in
Affinitya connection formed by marriage which places
this Code for the declaration of presumptive death of
the husband in the same degree of nominal propinquity
to the relatives of the wife as that in which she herself the absentee, without prejudice to the effect of
stands towards them, and give the wife same reappearance of the absent spouse.
reciprocal connection with the relations of the husband Circumstances are when:
An adopted can validly marry the parents, illegitimate a. Absent spouse was on a vessel and the same was lost
child, and other relatives, whether by consanguinity or during a sea
affinity, of the adopter voyage
b. Absent spouse was on an airplane which was missing
39. The action or defense for the declaration of absolute c. Absent spouse who was in the armed forces has taken
nullity of a marriage shall not prescribe. part in the war
d. Absent spouse has been in danger of death under other
circumstances
40. The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of a
final judgment declaring such previous marriage void. 42. The subsequent marriage referred to in the
preceding Article shall be automatically terminated by the
Essential elements of Bigamy:
recording of the affidavit of reappearance of the absent
1. Offender has been legally married
spouse, unless there is a judgment annulling the previous
2. Marriage has not been legally dissolved r in case his or
marriage or declaring it void ab initio.
her spouse is absent, the absent spouse could not yet be
presumed dead according to the Civil Code
3. Offender contracts a second marriage A sworn statement of the fact and circumstances of
4. Second or subsequent marriage has all the essential reappearance shall be recorded in the civil registry of
requisites for validity the residence of the parties to the subsequent marriage
at the instance of any interested person, with due
41. A marriage contracted by any person during notice to the spouses of the subsequent marriage and
subsistence of a previous marriage shall be null and void, without prejudice to the fact of reappearance being
unless before the celebration of the subsequent marriage, judicially determined in case such fact is disputed.
the prior spouse had been absent for four consecutive Judicial declaration of presumptive death is without
years and the spouse present has a wellfounded belief that prejudice to the effect of reappearance of the absent
the absent spouse was already dead. In case of spouse because the fact of death is not really
disappearance where there is danger of death under the established
circumstances set forth in the provisions of Article 391 of If the reappearing spouse does not file any sworn
statement of reappearance, the subsequent marriage
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remains valid and subsisting, while the first marriage
is likewise considered subsisting 44. If both spouses of the subsequent marriage acted in
o As between the 2 marriages, the law or the state bad faith, said marriage shall be void ab initio and all
shall continue to protect the second marriage donations by reason of marriage and testamentary
rather than the first dispositions made by one in favor of the other are revoked
by operation of law.
43. The termination of the subsequent marriage referred
to in the preceding Article shall produce the following 45. A marriage may be annulled for any of the following
effects: causes, existing at the time of the marriage:
A. The children of the subsequent marriage conceived A. That the party in whose behalf it is sought to have the
prior to its termination shall be considered legitimate; marriage annulled was eighteen years of age or over but
B. The absolute community of property or the conjugal below twenty-one, and the marriage was solemnized
partnership, as the case may be, shall be dissolved without the consent of the parents, guardian or person
and liquidated, but if either spouse contracted said having substitute parental authority over the party, in that
marriage in bad faith, his or her share of the net profits order, unless after attaining the age of twenty-one, such
of the community property or conjugal partnership party freely cohabited with the other and both lived
property shall be forfeited in favor of the common together as husband and wife;
children or, if there are none, the children of the guilty B. That either party was of unsound mind, unless such party
spouse by a previous marriage or in default of children, after coming to reason, freely cohabited with the other as
the innocent spouse; husband and wife;
C. Donations by reason of marriage shall remain valid, To successfully invoke this ground, there must be
except that if the donee contracted the marriage in such a derangement of the mind to prevent the
bad faith, such donations made to said donee are party from comprehending
revoked by operation of law; the nature of the contract and from giving to it his
D. The innocent spouse may revoke the designation of free and intelligent consent
the other spouse who acted in bad faith as beneficiary C. That the consent of either party was obtained by fraud,
in any insurance policy, even if such designation be unless such party afterwards, with full knowledge of the
stipulated as irrevocable; and facts constituting the fraud, freely cohabited with the other
E. The spouse who contracted the subsequent marriage as husband and wife
in bad faith shall be disqualified to inherit from the Fraudnon disclosure or concealment of certain
innocent spouse by testate and intestate succession. circumstances which materially affect the essence of
Children conceived during the subsequent marriage marriage
under Art. 41, in cases of presumptive death, and D. That the consent of either party was obtained by force,
before the termination of the same shall be considered intimidation or undue influence, unless the same having
legitimate disappeared or ceased, such party thereafter freely
o This status will be maintained even if one of the cohabited with the other as husband and wife;
contracting parties is in bad faith

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There is intimidation when one of the contracting A. Non-disclosure of a previous conviction by final judgment
parties is compelled by a reasonable and well- of the other party of a crime involving moral turpitude
grounded fear of an imminent and grave peril upon Generally, the crimes punishable under the RPC are
his person or property, or upon the person or crimes involving moral turpitude
property of his spouse, descendants or ascendants, B. Concealment by the wife of the fact that at the time of the
to give his consent
marriage, she was pregnant by a man other than her
To determine degree of intimidation, age, sex and husband
condition of the person shall be borne in mind
E. That either party was physically incapable of Concealment must have been done in bad faith
consummating the marriage with the other, and such If a woman misrepresented to her fianc that she was
pregnant for the purpose of inducing him to marry
incapacity continues and appears to be incurable
her when in fact she was not pregnant, such fianc
Permanent inability on the part of one of the spouses cannot annul the marriage considering that there
to perform the complete act of sexual intercourse was in fact no pregnancy concealed
An incurable nervous disorder on the part of the wife C. Concealment of sexually transmissible disease, regardless
known as vaginismus which renders sexual coition of its nature, existing at the time of the marriage; or
impossible is good indicator of inability to perform
the marital act D. Concealment of drug addiction, habitual alcoholism or
Impotencypermanent and incurable incapacity of homosexuality or lesbianism existing at the time of the
one of the parties to the marriage contract to marriage.
perform the complete act of sexual intercourse
When the wife remains a virgin for at least 3 years No other misrepresentation or deceit as to character,
from the time the spouses started cohabiting, the health, rank, fortune or chastity shall constitute such fraud
husband must show that he was not impotent during as will give grounds for action for the annulment of
the said period and the burden will be upon him to marriage. The enumeration is exclusive
overcome the presumption of impotence
Sterility is not impotency, hence, not a ground for 47. The action for annulment of marriage must be filed by
annulment
the following persons and within the periods indicated
Ratification is made if the injured party freely
herein:
cohabits with the guilty party in the proper
situations provided by law A. For causes mentioned in number 1 of Article 45 by the
F. That either party was afflicted with a sexually- party whose parent or guardian did not give his or her
transmissible disease found to be serious and appears consent, within five years after attaining the age of
to be incurable twenty-one, or by the parent or guardian or person
Free cohabitation will not ratify the annullable having legal charge of the minor, at any time before
marriage under this ground such party has reached the age of twenty-one;
B. For causes mentioned in number 2 of Article 45, by the
46. Any of the following circumstances shall constitute same spouse, who had no knowledge of the other's
fraud referred to in Number 3 of the preceding Article: insanity; or by any relative or guardian or person
having legal charge of the insane, at any time before

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the death of either party, or by the insane spouse discovery of fraud
during a lucid interval or after regaining sanity;
C. For causes mentioned in number 3 of Article 45, by the Vitiated Injured party Within 5 years from
injured party, within five years after the discovery of consent time force,
intimidation, or
the fraud;
undue influence
D. For causes mentioned in number 4 of Article 45, by the disappeared or
injured party, within five years from the time the force, ceased
intimidation or undue influence disappeared or ceased; Incapability Injured party Within 5
E. For causes mentioned in number 5 and 6 of Article 45, to years after
by the injured party, within five years after the consummate
/ marriage ceremony
marriage.
Jurisdiction depends upon the nationality or domicile of STD
the parties and not the place of the celebration of
marriage 48. In all cases of annulment or declaration of absolute
Prescriptive periodtime within which a case can be nullity of marriage, the Court shall order the prosecuting
filed in court attorney or fiscal assigned to it to appear on behalf of the
Ground Party to File the Prescription State to take steps to prevent collusion between the
Suit Period parties and to take care that evidence is not fabricated or
No t Parent or guardian Anytime before suppressed.
al having legal charge no-
paren In the cases referred to in the preceding paragraph, no
of no-consent consent party
Consent reaches the age of judgment shall be based upon a stipulation of facts or
party
confession of judgment.
21
No consent party Within 5 Procedure:
years after 1. Filing of complaint in the proper RTC
attaining 21 2. After filing, defendant shall be given 15 days from receipt
Insanity Sane spouse Any time before of summons and a copy of complaint within which to file
an answer
without death of either party
knowledge of insanity 3. In the event that defendant answers, court shall order the
hearing of the case
Relative, guardian or Any time before
4. In the event that defendant fails to answer, court shall
person having legal death of either party order prosecuting attorney to investigate whether there is
charge of insane collusion
Insane spouse During lucid interval 5. Annulment suit cannot be terminated by way of a
or after regaining compromise agreement
sanity 6. Full-blown hearing must be undertaken
Fraud Injured party Within 5
years after
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The task of fiscal is to determine if the parties colluded
or fabricated their evidence to get a nullity or 51. In said partition, the value of the presumptive
annulment of marriage legitimes of all common children, computed as of the date
Collusionparties come up with an agreement making of the final judgment of the trial court, shall be delivered in
it appear that the marriage is defective due to cash, property or sound securities, unless the parties, by
existence of any grounds for annulment or nullity and mutual agreement judicially approved, had already
agreeing to represent such false or nonexistent cause
provided for such matters.
of action before the proper court

49. During the pendency of the action and in the The children or their guardian or the trustee of their
absence of adequate provisions in a written agreement property may ask for the enforcement of the judgment.
between the spouses, the Court shall provide for the
support of the spouses and the custody and support of The delivery of the presumptive legitimes herein
their common children. The Court shall give paramount prescribed shall in no way prejudice the ultimate
consideration to the moral and material welfare of said successional rights of the children accruing upon the
children and their choice of the parent with whom they death of either of both of the parents; but the value of
wish to remain as provided to in Title IX. It shall also the properties already received under the decree of
provide for appropriate visitation rights of the other parent. annulment or absolute nullity shall be considered as
advances on their legitime.
50. The effects provided for by paragraphs (2), (3), (4) Legitimepart of the testators property which he
and (5) of Article 43 and by Article 44 shall also apply in cannot dispose of because the law has reserved it for
certain heirs who are called compulsory heirs
the proper cases to marriages which are declared ab initio
Presumptive legitime shall be computed as of the date
or annulled by final judgment under Articles 40 and 45.
of the final judgment of trial court
In void marriages, delivery of the presumptive legitime
The final judgment in such cases shall provide for the is generally not required except only in the void
liquidation, partition and distribution of the properties subsequent marriage resulting from the non-
of the spouses, the custody and support of the common observance of Art. 40 in relation to Arts. 52 and 53
children, and the delivery of third presumptive
legitimes, unless such matters had been adjudicated in 52. The judgment of annulment or of absolute nullity of
previous judicial proceedings. the marriage, the partition and distribution of the
All creditors of the spouses as well as of the absolute properties of the spouses and the delivery of the children's
community or the conjugal partnership shall be notified presumptive legitimes shall be recorded in the appropriate
of the proceedings for liquidation. civil registry and registries of property; otherwise, the
same shall not affect third persons.
In the partition, the conjugal dwelling and the lot on In case of nullity, the properties shall be liquidated in
which it is situated, shall be adjudicated in accordance accordance with the ordinary rules of co-ownership
with the provisions of Articles 102 and 129. If there were pre-nuptial agreement providing that
separation of property regime governed the
RA Salanga 1-A Persons and Family Relations Page 16 of 77
marriage, there is no need for liquidation and 55. A petition for legal separation may be filed on any of
partition the following grounds:
Recording in the civil registry and registry of property A. Repeated physical violence or grossly abusive conduct
is necessary to directed against the petitioner, a common child, or a child
a. Bind third parties of the petitioner
b. Be able to validly contract a subsequent marriage This does not include repeated physical violence upon
If a surviving spouse subsequently remarries without the child of the respondent or the guilty spouse
liquidating the community or conjugal properties of Physical violenceconnotes the infliction of bodily
the first marriage, the mandatory regime of complete harm
separation of property shall govern the property
The act may constitute grossly abusive conduct
regime of the subsequent marriage
B. Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation
53. Either of the former spouses may marry again after
compliance with the requirements of the immediately One incident of physical violence or moral pressure to
compel the change in religious affiliation or the
preceding Article; otherwise, the subsequent marriage
change in political affiliation can be a ground for
shall be null and void. legal separation
C. Attempt of respondent to corrupt or induce the petitioner,
54. Children conceived or born before the judgment of a common child, or a child of the petitioner, to engage in
annulment or absolute nullity of the marriage under Article prostitution, or connivance in such corruption or
36 has become final and executory shall be considered inducement
legitimate. Both the moral act and the inducement must refer to
prostitution only
Children conceived or born of the subsequent marriage A mere attempt is enough to be a ground for legal
under Article 53 shall likewise be legitimate. separation
Legitimate childrenconceived or born inside an D. Final judgment sentencing the respondent to imprisonment
annullable or voidable marriage of more than six years, even if pardoned
Illegitimate childrenconceived and born outside a E. Drug addiction or habitual alcoholism of the respondent;
valid marriage or inside a void marriage F. Lesbianism or homosexuality of the respondent;
Children conceived or born inside under Art. 36 before G. Contracting by the respondent of a subsequent bigamous
finality of the judgment of nullity and those in a
marriage, whether in the Philippines or abroad
marriage which does not comply with Art. 52 in
relation to Art. 53 shall be considered legitimate Bigamythe act of illegally contracting a second
marriage despite full knowledge that the first
marriage is still validly existing or without obtaining
TITLE II the needed judicial declaration of presumptive death
of the first spouse
LEGAL SEPARATION If the bigamous marriage were committed abroad,
guilty party cannot be criminally prosecuted for bigamy in

RA Salanga 1-A Persons and Family Relations Page 17 of 77


the Philippines as our penal statutes are territorial in Divorcedissolution of the bond of matrimony for some
nature H. Sexual infidelity or perversion cause arising after the marriage
Adultery and concubinage are included in acts of Annulment proceedingfor some cause existing at the
sexual infidelity time of marriage ceremony, the marriage is terminable
Other acts of sexual infidelity are enough so long as The grounds for legal separation are exclusive o They
said acts would constitute a clear betrayal of the may or may not exist at the time of the marriage
trust of his or her spouse by having intimate love ceremony since they usually occur after
affairs with other persons
Sexual perversioninclude sexual perversion with 56. The petition for legal separation shall be denied on any
ones spouse and other sexual practices like oral of the following grounds:
sexual intercourse but that if one condones sexual
A. Where the aggrieved party has condoned the offense
infidelity or perversion, he is estopped from raising
it as a ground or act complained of
I. Attempt by the respondent against the life of the Condonationthe act of forgiving the offense after its
petitioner commission
B. Where the aggrieved party has consented to the
The attempt on the life of the spouse must proceed
from an evil design and not from any justifiable commission of the offense or act complained of
cause There is consent when either of the spouses agreed to
J. Abandonment of petitioner by respondent without or did not object, despite full knowledge, to the act
justifiable cause for more than one year of giving rise to a ground for legal separation,
before such act was in fact committed
Abandonment or desertion must be willful
Consent may be deduced from the acts of the spouses
Act is willful when there is a design to forsake the
C. Where there is connivance between the parties in the
other spouse intentionally, or without cause and,
therefore, break up the marital union commission of the offense or act constituting the
Abandonment implies a total renunciation of his or ground for legal separation
her duties Connivance or procurementdenotes direction,
A separation in which both parties willingly concur is influence, personal exertion, or other action with
not, in any sense of the word, a willful desertion of knowledge and belief that such action would
one by the other produce certain results and which results are
produced
For purposes of this Article, the term "child" shall include a D. Where both parties have given ground for legal
child by nature or by adoption. separation
A decree of legal separation or relative divorce does not He who comes into equity must come with clean
affect the marital status hands
o It does not dissolve the marriage o It involves nothing When 2 persons acted in bad faith, they should be
considered as having acted in good faith
more than bed-and-board separation o The decree is
E. Where there is collusion between the parties to obtain
terminable at the will of the parties by merely filing a
manifestation in court decree of legal separation
Collusioncorrupt agreement
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Connivancecorrupt consenting In any case, the Court shall order the prosecuting
F. Where the action is barred by prescription. attorney or fiscal assigned to it to take steps to prevent
collusion between the parties and to take care that the
57. An action for legal separation shall be filed within evidence is not fabricated or suppressed.
five years from the time of the occurrence of the cause.
61. After the filing of the petition for legal separation,
58. An action for legal separation shall in no case be the spouses shall be entitled to live separately from each
tried before six months shall have elapsed since the filing other.
of the petition.
The court, in the absence of a written agreement
59. No legal separation may be decreed unless the Court between the spouses, shall designate either of them or
has taken steps toward the reconciliation of the spouses a third person to administer the absolute community or
and is fully satisfied, despite such efforts, that conjugal partnership property. The administrator
reconciliation is highly improbable. appointed by the court shall have the same powers and
Whether or not the defendant files an answer to the duties as those of a guardian under the Rules of Court.
complaint, no hearing on the merits shall be set by
the courts for 6 months 62. During the pendency of the action for legal
o Failure to observe the 6-month cooling off period is a separation, the provisions of Article 49 shall likewise apply
ground to set aside a decision granting legal separation to the support of the spouses and the custody and support
This 6-month period is designed to give the parties of the common children.
enough time to further contemplate their positions
with the end in view of attaining reconciliation 63. The decree of legal separation shall have the
between themcooling off period following effects:
The cooling off period can be dispensed with if the
ground for legal separation involves violence against A. The spouses shall be entitled to live separately from
the woman or the child each other, but the marriage bonds shall not be
What is prevented from being heard during the 6 severed
month period is the hearing on the merits with A spouse can still be held criminally liable for bigamy,
respect to the validity or invalidity of the ground for concubinage or adultery if he or she commits the
legal separation act
o Any other incident such as the determination of the B. The absolute community or the conjugal partnership
custody of the children, alimony and support pendent lite shall be dissolved and liquidated but the offending
may be heard inside the 6month cooling off period spouse shall have no right to any share of the net
profits earned by the absolute community or the
60. No decree of legal separation shall be based upon a conjugal partnership, which shall be forfeited in
stipulation of facts or a confession of judgment. accordance with the provisions of Article 43(2)

RA Salanga 1-A Persons and Family Relations Page 19 of 77


C. The custody of the minor children shall be awarded to If the donation is void, in the case of a donation in
the innocent spouse, subject to the provisions of Article violation of Art. 87, the right to bring an action does
213 of this Code not prescribe
The court may award the custody of the child to a The revocation of, or change in, the designation of the
third person if the court believes that both spouses insurance beneficiary shall take effect upon written
are not fit to take care of the child notification thereof to the insurer and not to the
D. The offending spouse shall be disqualified from insured
inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the 65. If the spouses should reconcile, a corresponding joint
offending spouse made in the will of the innocent manifestation under oath duly signed by them shall be
spouse shall be revoked by operation of law filed with the court in the same proceeding for legal
Under Art. 921(4), a person can disinherit his or her separation.
spouse in a will if the latter has given cause for If the legal separation case is still pending, it shall be
legal separation even if he or she has not yet been terminated
found guilty of committing such cause If the decree has been issued already, with finality or
Under Art. 922, the disinheritance in a will shall be not, it shall be set aside
rendered ineffectual upon the mutual reconciliation
of the spouses 66. The reconciliation referred to in the preceding
Articles shall have the following consequences:
64. After the finality of the decree of legal separation, A. The legal separation proceedings, if still pending, shall
the innocent spouse may revoke the donations made by thereby be terminated at whatever stage; and
him or by her in favor of the offending spouse, as well as B. The final decree of legal separation shall be set aside, but
the designation of the latter as beneficiary in any the separation of property and any forfeiture of the share
insurance policy, even if such designation be stipulated as of the guilty spouse already effected shall subsist, unless
irrevocable. The revocation of the donations shall be the spouses agree to revive their former property regime.
recorded in the registries of property in the places where
the properties are located. Alienations, liens and The court's order containing the foregoing shall be
encumbrances registered in good faith before the recorded in the proper civil registries.
recording of the complaint for revocation in the registries
of property shall be respected. The revocation of or change
in the designation of the insurance beneficiary shall take 67. The agreement to revive the former property regime
effect upon written notification thereof to the insured. referred to in the preceding Article shall be executed
under oath and shall specify:
A. The properties to be contributed anew to the restored
The action to revoke the donation under this Article
regime;
must be brought within five years from the time the
decree of legal separation become final. B. Those to be retained as separated properties of each
spouse; and

RA Salanga 1-A Persons and Family Relations Page 20 of 77


C. The names of all their known creditors, their addresses and The court may exempt one spouse from living with the
the amounts owing to each. other if the latter should live abroad or there are other
valid and compelling reasons for the exemption.
The agreement of revival and the motion for its approval However, such exemption shall not apply if the same is
shall be filed with the court in the same proceeding for not compatible with the solidarity of the family.
legal separation, with copies of both furnished to the Domicile of a natural person is the place of his or her
creditors named therein. After due hearing, the court shall, habitual residence
in its order, take measure to protect the interest of A minor follows the domicile of his or her parents
creditors and such order shall be recorded in the proper
registries of properties. 70. The spouses are jointly responsible for the support of
the family. The expenses for such support and other
The recording of the ordering in the registries of property conjugal obligations shall be paid from the community
shall not prejudice any creditor not listed or not notified, property and, in the absence thereof, from the income or
unless the debtorspouse has sufficient separate properties fruits of their separate properties. In case of insufficiency
to satisfy the creditor's claim. or absence of said income or fruits, such obligations shall
be satisfied from the separate properties.

TITLE III 71. The management of the household shall be the right
and the duty of both spouses. The expenses for such
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND management shall be paid in accordance with the
WIFE provisions of Article 70.

68. The husband and wife are obliged to live together, 72. When one of the spouses neglects his or her duties
observe mutual love, respect and fidelity, and render to the conjugal union or commits acts which tend to bring
mutual help and support. Procreation is also an essential
danger, dishonor or injury to the other or to the family, the
marital obligation considering that procreation of children
through sexual cooperation is the basic end of marriage aggrieved party may apply to the court for relief.
Except for support, a court cannot validly issue a
decision compelling the spouses to live together, 73. Either spouse may exercise any legitimate
observe mutual love, respect and fidelity profession, occupation, business or activity without the
There can be no action for damages merely because of consent of the other. The latter may object only on valid,
a breach of marital obligation serious, and moral grounds.
o Other remedies can be availed of under Arts. 19, 20
and 21 In case of disagreement, the court shall decide whether
or not:
69. The husband and wife shall fix the family domicile. In A The objection is proper; and
case of disagreement, the court shall decide. B Benefit has occurred to the family prior to the objection or
thereafter. If the benefit accrued prior to the objection, the
RA Salanga 1-A Persons and Family Relations Page 21 of 77
resulting obligation shall be enforced against the separate 75. The future spouses may, in the marriage
property of the spouse who has not obtained consent. settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete
The foregoing provisions shall not prejudice the rights of separation of property, or any other regime. In the absence
creditors who acted in good faith. of a marriage settlement, or when the regime agreed upon
The law does not make it a requirement that a spouse is void, the system of absolute community of property as
has to get the prior consent of the other before established in this Code shall govern.
entering into any legitimate profession, occupation, In weighing the fairness and reasonableness of the
business or activity provision, the following must be considered:
If the husband compels the wife, the purpose or effect of a. Relative situation of the parties
controlling or restricting her movement or conduct, b. Respective ages, heath and experience
these are considered acts of violence against women c. Their respective properties
under RA 9262 which is punishable d. Their family ties and connections
e. Spouses needs and such factors as tend to show that the
agreement
TITLE IV was understandingly made
PROPERTY RELATIONS BETWEEN HUSBAND AND
WIFE 76. In order that any modification in the marriage
settlements may be valid, it must be made before the
celebration of the marriage, subject to the provisions of
Chapter 1 GENERAL PROVISIONS Articles 66, 67, 128, 135 and 136.

74. The property relationship between husband and wife 77. The marriage settlements and any modification
shall be governed in the following order: thereof shall be in writing, signed by the parties and
A. By marriage settlements executed before the marriage; executed before the celebration of the marriage. They shall
not prejudice third persons unless they are registered in
B. By the provisions of this Code; and
the local civil registry where the marriage contract is
C. By the local custom
recorded as well as in the proper registries of properties
The agreement must be in writing, signed by the parties,
and made prior to the celebration of the marriage
The contracting parties can stipulate or agree on any 78. A minor who according to law may contract marriage
arrangement in their marriage settlement that is not may also execute his or her marriage settlements, but they
contrary to law and public policy and is within the shall be valid only if the persons designated in Article 14 to
limits provided in the Family Code give consent to the marriage are made parties to the
Customas a rule of conduct formed by repetition of agreement, subject to the provisions of Title IX of this
acts uniformly observed as a social rule, legally Code.
binding and obligatory The phrase a minor who according to law may
contract marriage has been impliedly repealed

RA Salanga 1-A Persons and Family Relations Page 22 of 77


considering that no minor now may contract a valid that do not depend upon the celebration of the marriages
marriage shall be valid

79. For the validity of any marriage settlement executed


by a person upon whom a sentence of civil interdiction has Chapter 2 DONATIONS BY REASON OF MARRIAGE
been pronounced or who is subject to any other disability,
it shall be indispensable for the guardian appointed by a 82. Donations by reason of marriage are those which are
competent court to be made a party thereto. made before its celebration, in consideration of the same,
Civil interdiction shall deprive the offender during the and in favor of one or both of the future spouses
time of his sentence of the rights of parental These are called donation propter nuptias
authority, or guardianship, either as to the person or It is indispensable for the donation to be valid to follow
property of any ward, of marital authority, of the this article
right to manage his property, and of the right to
dispose of such property by any act or any 83. These donations are governed by the rules on
conveyance inter vivos ordinary donations established in Title III of Book III of the
Civil Code, insofar as they are not modified by the
80. In the absence of a contrary stipulation in a marriage following articles
settlement, the property relations of the spouses shall be The donee must accept the donation personally, or
governed by Philippine laws, regardless of the place of the through an authorized person with a special power of
celebration of the marriage and their residence. attorney for the purpose, with a general or sufficient
power; otherwise, the donation shall be void
This rule shall not apply: The acceptance must be made during the lifetime of
A. Where both spouses are aliens the donor and the donee
B. With respect to the extrinsic validity of contracts affecting Oral donation requires simultaneous delivery of the
property not situated in the Philippines and executed in the thing or of the document representing the right
donated
country where the property is located
If the value of the thing donated exceeds P5000, the
C. With respect to the extrinsic validity of contracts entered donation and the acceptance shall be in writing;
into in the Philippines but affecting property situated in a otherwise, it is void
foreign country whose laws require different formalities for In donations of immovable, it must be made in a public
its extrinsic validity instrument, specifying the property donated and the
value of the charges which the donee must satisfy
81. Everything stipulated in the settlements or contracts
referred to in the preceding articles in consideration of a 84. If the future spouses agree upon a regime other than
future marriage, including donations between the the absolute community of property, they cannot donate to
prospective spouses made therein, shall be rendered void each other in their marriage settlements more than one-
if the marriage does not take place. However, stipulations fifth of their present property. Any excess shall be
considered void.

RA Salanga 1-A Persons and Family Relations Page 23 of 77


Donations of future property shall be governed by the 87. Every donation or grant of gratuitous advantage, direct
provisions on testamentary succession and the or indirect, between the spouses during the marriage
formalities of wills. shall be void, except moderate gifts which the spouses
Donation propter nuptias of future property may be may give each other on the occasion of any family
handwritten, however, it must entirely be rejoicing. The prohibition shall also apply to persons
handwritten, dated and signed by the donor living together as husband and wife without a valid
The not more than 1/5 limitation is not applicable in marriage.
case the donation propter nuptias is made in a Moderate gifts will depend on a case-to-case basis
separate deed of donation especially considering the financial capacity of the
donor
85. Donations by reason of marriage of property subject The validity of the donation or transfer cannot be
to encumbrances shall be valid. In case of foreclosure of challenged by those who bore absolutely no relation
the encumbrance and the property is sold for less than the to the parties to the transfer at the time it occurred
total amount of the obligation secured, the donee shall not and had no rights or interests inchoate, present,
be liable for the deficiency. If the property is sold for more remote, or otherwise, in the property in question at
than the total amount of said obligation, the donee shall be the time transfer occurred
entitled to the excess Reserve troncalit provides that the ascendant who
inherits from his descendant any property which the
Donationact of liberality
latter may have acquired by gratuitous title from
If the object of the donation is subject to an another ascendant, or a brother or sister, is obliged
encumbrance, the donation is still valid to reserve such property as he may have acquired by
operation of law for the benefit of relatives who are
86. A donation by reason of marriage may be revoked by within the third degree and who belong to the line
the donor in the following cases: from which said property came
A. If the marriage is not celebrated or judicially declared void
ab initio except donations made in the marriage
settlements, which shall be governed by Article 81;
B. When the marriage takes place without the consent of the Chapter 3 SYSTEM OF ABSOLUTE COMMUNITY
parents or guardian, as required by law;
C. When the marriage is annulled, and the donee acted in
Section 1 GENERAL PROVISIONS
bad faith;
D. Upon legal separation, the donee being the guilty spouse;
88. The absolute community of property between
E. If it is with a resolutory condition and the condition is spouses shall commence at the precise moment that the
complied with; marriage is celebrated. Any stipulation, express or implied,
F. When the donee has committed an act of ingratitude as for the commencement of the community regime at any
specified by the provisions of the Civil Code on donations other time shall be void.
in general

RA Salanga 1-A Persons and Family Relations Page 24 of 77


All properties owned by the contracting parties before 92. The following shall be excluded from the community
the marriage ceremony and those which they may property:
acquire thereafter shall comprise the absolute A. Property acquired during the marriage by gratuitous title
community of property regime by either spouse, and the fruits as well as the income
The spouses become co-owners of all the properties in thereof, if any, unless it is expressly provided by the donor,
an absolute community of property regime testator or grantor that they shall form part of the
An alien married to a Filipino cannot have any interest community property;
in the community or partnership property
B. Property for personal and exclusive use of either spouse.
However, jewelry shall form part of the community
89. No waiver of rights, shares and effects of the
property;
absolute community of property during the marriage can
be made except in case of judicial separation of property. C. Property acquired before the marriage by either spouse
who has legitimate descendants by a former marriage, and
the fruits as well as the income, if any, of such property 4
When the waiver takes place upon a judicial separation
excluded properties from ACP:
of property, or after the marriage has been dissolved or
annulled, the same shall appear in a public instrument 1. Under marriage settlement
and shall be recorded as provided in Article 77. The 2. By gratuitous title which includes fruits as well as income
of the subject matter acquired
creditors of the spouse who made such waiver may
3. For Personal and Exclusive Use
petition the court to rescind the waiver to the extent of
4. Properties from previous marriage
the amount sufficient to cover the amount of their
credits.
93. Property acquired during the marriage is presumed to
belong to the community, unless it is proved that it is
90. The provisions on co-ownership shall apply to the
one of those excluded therefrom.
absolute community of property between the spouses in all
matters not provided for in this Chapter.
Section 3 CHARGES UPON AND OBLIGATIONS OF
THE ABSOLUTE
Section 2 WHAT CONSTITUTES COMMUNITY
COMMUNITY
PROPERTY

94. The ACP shall be liable for:


91. Unless otherwise provided in this Chapter or in the
marriage settlements, the community property shall 1. Support
consist of all the property owned by the spouses at the a. Spouses
time of the celebration of the marriage or acquired b. Their common children
thereafter. c. Legitimate children of either spouse
The support of illegitimate children shall be governed
by the provisions of this Code on Support

RA Salanga 1-A Persons and Family Relations Page 25 of 77


The support of illegitimate children shall be taken The donation must be made by both of the spouses to
from the separate property of the parent-spouse make it a valid donation
2. Debts and obligationscontracted during the marriage 9. Ante-nuptial debts of either spouse other than those falling
by the under paragraph (7) of this Article
a. Designated administrator-spouse for the benefit a. the support of illegitimate children of either spouse
of the b. liabilities incurred by either spouse by reason of a crime or
community a quasi-delict
b. Both spouses
c. One spouse with the consent of other In case of absence or insufficiency of the exclusive
3. Debts and obligationscontracted by either spouse property of the debtor-spouse, the payment of which
without the consent of the other to the extent that the shall be considered as advances to be deducted from
family may have been benefited the share of the debtor-spouse upon liquidation of the
If it were contracted prior to the marriage o ACP shall community
be liable for as long as it redounded to the benefit of The separate property of the erring spouse shall be liable
the family to pay the obligation or debt arising from crime or
o Separate property shall be liable if it did not redound quasi-delict, but if the separate property is insufficient,
to the benefit of the family the ACP shall pay but as an advance to be deducted
4. Taxes, liens, charges and expenses from the share of the debtor upon liquidation of the
ACP
a. Including major or minor repairs upon the community Quasi-delictwhoever by act or omission cause
property damage to another, there being fault or negligence
Can be done even without the consent of the other where there is no pre-existing contractual relation
spouse following the rules on co-ownership between parties, is obliged to pay for the damage
5. Taxes and expenses for mere preservation of separate done
property of either spouse used by the family 10. Expenses of litigation between the spouses unless the
6. Self-improvement suit is found to be groundless.
a. Expenses to enable either spouse to commence or Provided that the suit is between the husband and the
complete a wife and that the case is not groundless.
professional or vocational course, or other activity for ACP will also be liable in suits not involving cases
selfimprovement between spouses for as long as the suit benefits the
family
7. Antenuptial debts of either spouse insofar as they have
redounded to the benefit of the family
If the community property is insufficient to cover the
8. The value of what is donated or promised by both spouses
foregoing liabilities, except those falling under
in favor of their common legitimate children for the
paragraph (9), the spouses shall be solidarily liable for
exclusive purpose of commencing or completing a
the unpaid balance with their separate properties.
professional or vocational course or other activity for self-
Solidary obligationsthose where several creditors or
improvement;
debtors or both concur, and where each creditor has

RA Salanga 1-A Persons and Family Relations Page 26 of 77


the right to demand and each debtor is bound to proper remedy, which must be availed of within five years
perform, in its entirety, the prestation constituting from the date of the contract implementing such decision
the object of obligation the paternal favor is only to prevent a void or vacuum
Insolvency of spouses o So long as the ACP subsists, its in case disagreement arises
property shall not be among the assets to be taken In the event that one spouse is incapacitated or otherwise
possession of by the assignee for the payment of the unable to participate in the administration of the common
insolvent debtors obligations, except insofar as the
properties, the other spouse may assume sole powers of
latter have redounded to the benefit of the family
administration
o If both spouses maintain their joint administration,
and one of them becomes insolvent, the right of the A summary proceeding is need if the other spouse is
insolvent spouse to jointly administer may be legally absent, separated in fact, abandoned, or the consent
curtailed by the court, thereby making the other is withheld
non-insolvent spouse the sole administrator If the subject spouse is incompetent, the proper
remedy is a judicial guardianship and not a summary
proceeding under the Family Code:
95. Game of chance, betting, sweepstakes or any kind of
Comatose or semi-comatose
gambling, whether permitted or prohibited by law
Victim of stroke
Whatever may be lost during the marriage shall be borne
Cerebrovascular accident without motor and mental
by the loser and shall not be charged to the community
faculties
but any winnings therefrom shall form part of the Diagnosis of brain stem infarct
community property These powers do not include disposition or encumbrance
but if the ticket was given to a spouse by gratuitous title, without authority of the court or the written consent of the
the income thereof should belong to the separate other spouse. In the absence of such authority or consent,
property of the said spouse
the disposition or encumbrance shall be void
However, the transaction shall be construed as a
96. The administration and enjoyment of the community
continuing offer on the part of the consenting spouse and
property shall belong to both spouses jointly.
the third person, and may be perfected as a binding
Spouses are co-owners of the properties they
contract upon the acceptance by the other spouse or
introduced into the marriage and acquired thereafter
except those as may be excluded in the marriage authorization by the court before the offer is withdrawn by
settlement and those listed in Art. 92 either or both offerors
Joint administration does not require that the spouses The sale of property by the registered owner to the
always act together third person, who is an innocent purchaser-for-value
None of the co-owners shall, without the consent of the and who is in good faith, cannot be voided
other, make alterations in the thing owned in But if the buyer acted in bad faiththe sale can be
common, even though benefits for all would result voided
therefrom
In case of disagreement, the husband's decision shall 97. Either spouse may dispose by will of his or her
prevail, subject to recourse to the court by the wife for interest in the community property

RA Salanga 1-A Persons and Family Relations Page 27 of 77


Willan act whereby a person is permitted, with the The termination of ACP does not necessarily mean the
formalities prescribed by law, to control to a certain termination of the marriage
degree the disposition of his estate, to take effect after 1. Upon the death of either spouse;
his death Civil personality is extinguished by death
Legitimepart of the testators property which cannot Upon the termination of marriage by death, the ACP
be disposed of because the law has reserved it for shall be liquidated in the same proceeding for the
certain heirs who are therefore called compulsory settlement of the estate of the deceased (Art. 103)
heirs 2. When there is a decree of legal separation;
A spouse can validly dispose any of his or her specific
ACP shall be dissolved and liquidated but the
separate properties in a will provided it will not
offending spouse shall have no right to any share of
infringe on the legitime of the compulsory heirs
the net profits earned which shall be forfeited in
In community property, the spouse can only dispose of accordance with Art. 43(2)
his or her interest in the community property and not a
3. When the marriage is annulled or declared void
specific property
Annulment:
98. Neither spouse may donate any community property o shall provide for the liquidation, partition and distribution
without the consent of the other of the properties of the spouses, the custody and support
of the common children, and the delivery of their
The prohibition intends to protect the latters share presumptive legitime
from the prodigality of a reckless or faithless spouse
o The spouse who acted in bad faith shall be forfeited to
Even with the consent of the other, a spouse cannot acquire his/her share in the net profits
make a substantial donation, direct or indirect, to the
Nullity:
consenting spouse during the marriage
o There is no ACP in a void marriage
However, either spouse may, without the consent of the
o Shall be liquidated in accordance with the rules on co-
other, make moderate donations from the community
ownership provided in the Civil Code
property for charity or on occasions of family rejoicing
o The spouse who acted in bad faith shall be forfeited to
or family distress
acquire his or her share in the net profits
Whether a donation is moderate or not depends upon
4. In case of judicial separation of property during the
the financial situation of the spouses and the ACP
marriage under Articles 134 to 138
regime
Judicial separation of property
may be o Voluntary
the parties can file the agreement for separation of
property in court to obtain the necessary court approval
after approval, the parties can nevertheless file a revival
of their property regime, and once revived, no voluntary
Section 5 DISSOLUTION OF ABSOLUTE separation of property may thereafter be granted
COMMUNITY REGIME
o Involuntaryit must be for a sufficient cause and must
likewise
99. The ACP terminates: have court approval

RA Salanga 1-A Persons and Family Relations Page 28 of 77


sentence of a penalty with civil interdiction The spouse present shall, upon proper petition in a
judicially declared an absentee summary proceeding, be given judicial authority to
loss of parental authority administer or encumber any specific separate property
abandonment of the other spouse and use the fruits or proceeds
abuse of power of a spouse granted with the power of thereof to satisfy the latter's share The authority is
administration limited to only one purpose:
separation in fact for at least 1 year with improbable o To enable the present spouse to satisfy the other
reconciliation spouses share in the obligations used to support
the family which should be totally paid by the ACP
100. The separation in fact between husband and wife had it not been for its insufficiency
shall not affect the regime of absolute community except
that: 101. If a spouse without just cause abandons the other or
fails to comply with his or her obligations to the family, the
Generally, the ACP will not be affected by the
separation in fact between spouses aggrieved spouse may petition the court for receivership,
1. The spouse who leaves the conjugal home or refuses to for judicial separation of property or for authority to be the
live therein, without just cause, shall not have the right to sole administrator of the ACP, subject to such
be supported precautionary conditions as the court may impose
If the spouse left with a valid cause o he or she can Failure to comply also include abuse
still be supported from the ACP o ACP can still be Abuseconnotes willful and utter disregard of the
held liable for all obligations incurred by the interest of the partnership, evidenced by a repetition
separating spouse that may redound to the benefit of of deliberate acts and/or omissions prejudicial to the
the family latter
If the spouse left without a valid cause o he or she will The obligations to the family mentioned in the preceding
not be supported by the ACP o however, ACP may still paragraph refer to marital, parental or property relations
be held liable for the expenses he or she might have A spouse is deemed to have abandoned the other when
incurred for the benefit of the family her or she has left the conjugal dwelling without intention
2. When the consent of one spouse to any transaction of the of returning. The spouse who has left the conjugal dwelling
other is required by law, judicial authorization shall be for a period of three months or has failed within the same
obtained in a summary proceeding period to give any information as to his or her whereabouts
Any of the spouses, whether or not he/she was the shall be prima facie presumed to have no intention of
one who left the conjugal home without a valid returning to the conjugal dwelling
cause, can seek judicial relief Abandonmentimplies a departure by one spouse with
3. In the absence of sufficient community property, the the avowed intent never to return, followed by
separate property of both spouses shall be solidarily liable prolonged absence without just cause, and without in
for the support of the family. the meantime providing in the least for one s family
able to do so
Abandonment must not only be physical estrangement
but also amount to financial and moral desertion
RA Salanga 1-A Persons and Family Relations Page 29 of 77
marriage and the market value at the time of its
Section 2 LIQUIDATION OF THE ABSOLUTE dissolution
COMMUNITY ASSETS AND 5. The presumptive legitimes of the common children shall be
LIABILITIES delivered upon partition, in accordance with Art. 51
Presumptive legitime is delivered only after the
102. Upon dissolution of the ACP regime, the following finality of a judicial decree of annulment on grounds
procedure shall apply: of Art. 45 or of nullity of a subsequent void
1. Inventory shall be prepared o marriage under Art. 40 in relation to Arts. 52 and
listing separately all the 53
properties of the ACP and the Delivery of presumptive legitime need not be made in
cases of legal separation or in case of a judicially
exclusive
declared void marriage other than in a subsequent
properties of each spouse void marriage as a result of non-observance of Art.
In the appraisal of the properties, it is not the 40
purchase but the market or, in default thereof, the 6. Conjugal dwelling and lot o shall be adjudicated to the
assessed value at the time of the liquidation that spouse with whom the majority of
must be taken into account
the common children choose to remain
2. Debts and obligations of the
ACP o shall be paid out of its o Unless otherwise agreed upon by the parties
assets Children below the 7 years old are deemed to have
o In case of insufficiency of said assets, the spouses chosen the mother, unless the court has decided
shall be solidarily liable for the unpaid balance with otherwise o In case there in no such majority, the
their separate properties in accordance with Art. court shall decide, taking
94(2) into consideration the best interests of said
3. Whatever remains of the exclusive properties of the children
spouses shall thereafter be delivered to each of them 103. Upon the termination of the marriage by death, the
4. Net remainder of the properties of the ACP o shall ACP shall be liquidated in the same proceeding for the
constitute its net assets, which shall be divided equally settlement of the estate of the deceased
between spouses, unless a different proportion or division Termination by death:
was agreed upon in the marriage settlements, or unless ACP shall be inventoried, administered and liquidated and
there has been a voluntary waiver of such share provided the debts thereof paid
in this Code If the dead spouse left no will and there is no debt
o For purpose of computing the net profits subject to Heirs of legal age or minors duly represented by their
judicial or legal representatives may, without securing
forfeiture in accordance with Art. 43(2) and Art.
letters of administrator from the court, divide the estate
63(2), the said profits shall be the increase in value
among themselves
between the market value of the community
o If no judicial settlement proceeding is instituted, the
property at the time of the celebration of the
surviving spouse shall liquidate the ACP either judicially or

RA Salanga 1-A Persons and Family Relations Page 30 of 77


extra-judicially within 6 months from the death of the If the 2nd marriage lasted for 3 years, it will get 3/5 of
deceased spouse the P15 000
o If upon the lapse of the 6 months, no liquidation is made,
any disposition or encumbrance involving the ACP of the 3. Durationequal
terminated marriage shall be void Actual assetsknown
Inventoried assetsknown (P 15 000)
Should the surviving spouse contract a subsequent
marriage without compliance with the foregoing
If the value of actual asset of 1 st marriage is P1000, it
requirements, a mandatory regime of complete
will get 1/3 of P15 000
separation of property shall govern the property
relations of the subsequent marriage If the value of actual asset of 2nd marriage is P2000, it
will get 2/3 of P15 000
104. Whenever the liquidation of the community properties
of two or more marriages contracted by the same person 4. Durationknown
before the effectivity of this Code is carried out Actual assetsequal
simultaneously, the respective capital, fruits and income of Inventoried assetsknown (P15 000)
each community shall be determined upon such proof as
may be considered according to the rules of evidence. In If the 1st marriage lasted for 2 years, it will get 2/5 of
case of doubt as to which community the existing P15 000
properties belong, the same shall be divided between the
different communities in proportion to the capital and If the 2nd marriage lasted for 3 years, it will get 3/5 of
duration of each P15 000
Simultaneous liquidation of the community properties of 5. Durationknown
each of the two marriages contracted prior to Aug. 3 Actual assetsknown
1988 Inventoried assetsknown (P15 000)
Five scenarios:
1. Durationequal 1st marriage: duration (2 years) multiply by actual
Actual assetsunknown asset (P1000), it will get 2/8 of P15 000
Inventoried assetsknown (P15 000)
2nd marriage: duration (3 years) multiply by actual
P15 000 will be divided equally to each marriage asset (P2000), it will get 6/8 of P15 000
because the duration is the same
2. Durationknown
Actual assetsunknown Chapter 4 CONJUGAL PARTNERSHIP OF GAINS
Inventoried assetsknown (P15 000)

If 1st marriage lasted for 2 years, it will get 2/5 of P15 Section 1 GENERAL PROVISIONS
000
105. Regime of conjugal partnership of gains
RA Salanga 1-A Persons and Family Relations Page 31 of 77
In case the future spouses agree in the marriage 107. The rules provided in Arts. 88 and 89 shall also apply
settlements that CPG will govern their property relations, to conjugal partnership of gains
the provisions in this Chapter shall be of supplementary Art. 88The application of CPG shall commence at the
application precise moment when the marriage ceremony is
This shall also apply to CPG already established between celebrated
spouses before the effectivity of this Code, without Art. 89No waiver of rights, interests, shares, and
prejudice to vested rights already acquired in accordance effects of the CPG can be made during the marriage
with the Civil Code or other laws, as provided in Art. 256 except upon judicial separation of property

108. The CPG shall be governed by the rules on the


106. Under the regime of CPG
contract of partnership in all that is not in conflict with
the husband and wife place in a common what is expressly determined in this Chapter or by the
fund the o proceeds o products o fruits o spouses in their marriage settlements Section 2
income from their EXCLUSIVE PROPERTY OF EACH SPOUSE
separate properties
those acquired by either or both spouses through their 109. The following shall be the exclusive property of each
efforts or by chance spouse: (that which is)
upon dissolution of the marriage or of the 1. Brought to the marriage as his or her own
partnership, the net gains or benefits all properties brought into the marriage by the
obtained by either or both spouses shall contracting parties belong to each of them
be divided equally between them, unless exclusively
otherwise agreed in the marriage hence, they can exercise all rights of dominion or of
settlements ownership over these exclusive properties
Regime of CPG shall place in common fund the fruits 2. Acquired during the marriage by gratuitous title
their separate properties and the income from their Anything received by each spouse from any source by
work or industry way of an act of liberality of the giver, such as
Fruits of paraphernal propertiesseparate property of donation or a gift, shall belong exclusively to the
the wife, form part of the assets of the CPG and are spouse-recipient and will not belong to the CPG
therefore subject to the payment of the debts and These include moderate gifts given by one spouse to
expenses of the spouses, but not to the payment of the another during family occasions
personal obligation of the husband, unless it be proved However, the income and the fruits of the property
that such obligations were productive of some benefit acquired by gratuitous title shall be considered
to the family conjugal
effortan activity or undertaking which may or may 3. Acquired by right of redemption, by barter or by exchange
not be rewarded with property belonging to only one of the spouses
chanceactivities like gambling or betting Redemptionthe property shall belong to the spouse
who has the right to redeem regardless of whether
or not he or she uses personal funds

RA Salanga 1-A Persons and Family Relations Page 32 of 77


o When conjugal funds are used, the spouse making
the redemption shall be liable to the CPG for the 113. Property donated or left by will to the spouses
reimbursement of the amount used to redeem his a. jointly and with designation of determinate shares
or her exclusive property
b. absence of designation, share and share alike, without
o Absence of proof on the right to redemption
prejudice to the right of accretion when proper
presumption is to
form part of the CPG shall pertain to the donee-spouses as his or her own
4. purchased with exclusive money of the wife or of the exclusive property
husband Accretionincorporation or addition of property to
another Scenarios for right of accretion to apply:
1. A donor provided that of the property will go to the wife
110. The spouses retain the ownership, possession, and will go to the husband; but when the wife does not
administration and accept, the husband, through right of accretion, gets the
enjoyment of their exclusive properties entire property
Either spouse may, during the marriage o transfer the 2. If the spouses were validly given a property in a will
administration of his or her exclusive property to the which provided that will go to the wife and will go to
other the husband; and if the wife renounces, the husband,
by means of a public instrumentrecorded in the through right of accretion, gets the entire property
because the inheritance is still pro indiviso (not divided)
registry of property of the place the property is
Scenarios for right of accretion not to apply:
located
1. If the donor provides in the deed that no right of accretion
even when there is a transfer of administration, the shall be available
owner-spouse may still donate, encumber, or
2. If the designation is not of determinate shares but of
otherwise alienate the property
determinate properties like a house or a car
he/she may also transfer the administration to a
3. If the testator gives the spouses the school buildings
stranger even without the consent his/her spouse
where the building in Manila will go to the wife and the
building in Cebu to the husband, the right of accretion
111. A spouse of age may mortgage, encumber, alienate will not apply because the inheritance is not pro indiviso
or otherwise dispose of his or her exclusive property, 114. If the donations are onerous, the amount of the
without the consent of the other spouse, and appear alone charges shall be borne by the exclusive property of the
in court to litigate with regard to the same done-spouse, whenever they have been advanced by the
not a valid law anymore because of lowering the age of conjugal partnership of gains
majority and the age of emancipation to 18 y/o If CPG is used to pay the obligations attached to an
onerous donation, the done-spouse shall reimburse the
112. The alienation of any exclusive property of a spouse CPG but the property remains to be his/her exclusive
administered by the other automatically terminates the property
administration over such property and the proceeds of the However, taxes and expenses for mere preservation upon
alienation shall be turned over to the the separate properties made during the marriage
owner-spouse shall be chargeable to the CPG

RA Salanga 1-A Persons and Family Relations Page 33 of 77


4. Share of either spouse in the hidden treasure which the
115. Retirement benefits, pensions, annuities, gratuities, law awards to the finder or owner of the property where
usufructs and similar benefits shall be governed by the the treasure is found
rules on gratuitous or onerous acquisitions as may be Hidden treasureartifacts or objects which have
proper in each case Gratuityact of liberality; separate undergone transformation from their original raw
property state such as earrings, necklaces, bracelets and the
Annuityrecipient is entitled to it as a matter of right; like
hence, it is not a gratuity and is part of CPG Treasureany hidden and unknown deposit of money,
Pensionsnature of compensation for services previously jewelry or other precious objects, the lawful
rendered; not considered as donations or gratuities ownership to which does not appear (Art. 439 of the
and are part of the CPG Civil Code)
Art. 519 of the Civil Code provides that mining
claims and rights and other matters concerning
Section 3 CONJUGAL PARTNERSHIP PROPERTY minerals and mineral lands are governed by special
laws
Gold nuggets, precious stones in their raw state, oil
116. All property acquired during the marriage, whether
and the like are not treasures
the acquisition appears to have been made, contracted or
5. Those acquired through occupation such as fishing or
registered in the name of one or both spouses, is
hunting
presumed to be conjugal unless the contrary is proved
6. Livestock existing upon the dissolution of the partnership
Proof of acquisition during the coverture is a condition
in excess of the number of each kind brought to the
sine qua non for the operation of the presumption in
favor of conjugal ownership marriage by either spouse
7. Acquired by chance, such as winnings from gambling or
117. The following are CPG properties: betting. However, losses therefrom shall be borne
exclusively by the loserspouse
1. Acquired by onerous title during the marriage at the
expense of the common fund, whether the acquisition be Gross incomeincludes prize and winnings derived
for the partnership, or for only one of the spouses from whatever source
Acquisition by onerous title from common fund
belongs to the CPG 118. Property bought on installments o paid partly from
2. Obtained from the labor, industry, work or profession of exclusive funds of either or both spouses and partly from
either or both of the spouses conjugal funds
It also includes those acquired through occupation belongs to the buyer or buyers if full ownership was vested
such as fishing or hunting before the marriage
3. The fruits, natural, industrial, or civil, due or received in this instance, the conjugal funds would only be
during the marriage from the common property, as well as entitled to reimbursement for the expense upon
the net fruits from the exclusive property of each spouse liquidation of partnership
Net fruitsthat which remained from the fruits after to the conjugal partnership if such ownership was vested
payment of debts during the marriage
RA Salanga 1-A Persons and Family Relations Page 34 of 77
in this instance, the spouse who contracted the The wife owned a land worth P50 000. She and her
purchase shall have the right to be reimbursed by husband constructed a house on the land using the
the CPG upon liquidation conjugal fund which cost P20 000, and after
In either case, any amount advanced by the partnership construction, the house and lot costs P110 000. The
or by either or both spouses shall be reimbursed by the sum of improvement (P20 000) and increase in
owner or owners upon value of the property (P40 000) is P60 000 which is
more than the value of the property at the time of
liquidation of the partnership
the improvement, so it will belong to the
CPG
119. Whenever an amount or credit payable within a b. Otherwise, said property shall be retained in ownership by
period of time belongs to one of the spouses, the sums the owner-spouse, likewise subject to reimbursement of
which may be collected during the marriage in partial the cost of the improvement
payments or by installments on the principal shall be the
Example:
exclusive property of the spouse
The wife owned a land worth P50 000. She and her
A third person borrowed P1M from Ann, wife of Harold, husband constructed a house on the land using the
and agreed to pay it within 10 months with 2% interest conjugal fund which cost P20 000, and after
each month construction, the house and lot costs P90 000. The
The P1M will belong exclusively to Ann sum of improvement (P20 000) and increase in
However, interests falling due during the marriage on value of the property (P20 000) is P40 000 which is
the principal shall belong to the conjugal partnership less than the value of the property at the time of the
But, the sum of P20 000, which constitutes the 2% improvement, so it will belong to the owner-spouse
interest for 10 months, shall belong to the CPG In either case, the ownership of the entire property
contemplated as fruits of such property shall be vested upon the reimbursement, which shall be
made at the time of the liquidation of the CPG
120. The ownership of improvements, whether for utility or In above cases, reimbursement should be made to
adornment, made on the separate property of the spouses determine the full ownership of the properties
at the expense of the partnership or through the acts or
efforts of either or both spouses shall pertain to the Section 4 CHARGES UPON AND OBLIGATIONS OF
conjugal partnership, or to the original owner-spouse, THE CONJUGAL
subject to the following rules:
a. When the cost of the improvement made by the CPG and PARTNERSHIP
any resulting increase in value are more than the value of
the property at the time of the improvementthe entire 121. The conjugal partnership shall be liable for:
property of one of the spouses shall belong to the CPG 1. Support
subject to reimbursement of the value of the property of a. Spouse
the owner-spouse at the time of the improvement b. their common children
Example: c. legitimate children of either spouse

RA Salanga 1-A Persons and Family Relations Page 35 of 77


d. however, the support of illegitimate children shall be o No presumption can be inferred that, when a husband
governed by the provisions of this Code on Support enters into a contract of surety or accommodation
2. All debts and obligations contracted during the agreement, it is for the benefit of the CPG
marriage by the o However, if both spouses signed the surety agreement,
a. designated administrator-spouse for the benefit of the then the CPG shall be liable
conjugal If the conjugal partnership is insufficient to cover the
foregoing liabilities, the spouses shall be solidarily liable
partnership of gains
for the unpaid balance with their separate properties
b. both spouses
If the CPG is insufficient, the creditors may demand
c. one of them with the consent of the other payment from either or any separate properties of
3. Debts and obligations contracted by either spouse without the spouses
the consent of the other to the extent that the family may He who made the payment may claim from his spouse
have benefited only the share which corresponds to each, with the
4. All taxes, liens, charges, and expenses, including major or interest for the payment already due
minor repairs upon the conjugal partnership property;
5. All taxes and expenses for mere preservation made during 122. The payment of personal debts contracted by the
the marriage upon the separate property of either spouse either spouses before or during the marriage shall not be
6. Expenses to enable either spouse to commence or charged to the CPG except insofar as they redounded to
complete a professional, vocational, or other activity for the benefit of the family
self-improvement Neither shall the fines and pecuniary indemnities imposed
7. Ante-nuptial debts of either spouse insofar as they have upon them be charged to the CPG
redounded to the benefit of the family This is with regard to fines and pecuniary indemnities
8. The value of what is donated or promised by both spouses imposed on either of the spouses before the marriage
in favor of their common legitimate children for the or during the marriage which did not redound to the
benefit of the family
exclusive purpose of commencing or completing a
However, the payment of personal debts contracted by
professional or vocational course or other activity for self-
improvement either spouse before the marriage that of
9. Expenses of litigation between the spouses unless the suit a. fines and indemnities imposed upon them
is found to groundless b. support of illegitimate children of either spouse
For debts and obligations o Liabilities shall only be o may be enforced against the partnership assets after
chargeable to the CPG if it benefits the same o The the responsibilities enumerated in the preceding
burden of proof that a debt was contracted for the Article have been covered
benefit of the if the spouse who is bound should have no exclusive
CPG lies with the creditor o The benefit must be a property or if it should be insufficient
direct result of the obligation and cannot be a by- but at the time of the liquidation of the partnership, such
product or a spin-off of the obligation or loan itself spouse shall be charged for what has been paid for the
purpose abovementioned

RA Salanga 1-A Persons and Family Relations Page 36 of 77


In case the buyer knew that the property is conjugal but
123. Any game of chance or in betting, sweepstakes, or they bought it from the husband without the consent of
any other kind of gambling whether permitted or the wife, SC said that the sale was totally void and the
prohibited by law purchase price had to be returned
whatever may be lost during the marriage shall be borne
by the loser and shall not be charged to the conjugal 125. Neither spouse may donate any conjugal partnership
partnership property without the consent of the other. However, either
spouse may, without the consent of the other, make
but any winnings shall form part of the CPG
moderate donations from the conjugal partnership
property for charity or on occasions of family rejoicing or
family distress
Section 5 ADMINISTRATION OF THE CONJUGAL
PARTNERSHIP Identically similar with Art. 98

PROPERTY
Section 6 DISSOLUTION OF CONJUGAL PARTNERSHIP
REGIME
124. The administration and enjoyment of the conjugal
partnership both spouses jointly
126. The conjugal partnership
In case of disagreement, the husband's decision shall
terminates: 1. Upon the death of
prevail, subject to recourse to the court by the wife for either spouse;
proper remedy, which must be availed of within 5 years
2. There is a decree of legal separation;
from the date of the contract implementing such decision
3. The marriage is annulled or declared void
In the event that one spouse is incapacitated or otherwise
4. In case of judicial separation of property during the
unable to participate in the administration of the conjugal
marriage under Arts. 134 to 138
properties, the other spouse may assume sole powers of
administration. Identically similar with Art. 99
These powers do not include disposition or encumbrance
127. The separation in fact between husband and wife
without authority of the court or the written consent of the
shall not affect the regime of conjugal partnership, except
other spouse. In the absence of such authority or consent,
that:
the disposition or encumbrance shall be void
1. The spouse who leaves the conjugal home or refuses to
However, the transaction shall be construed as a
live therein, without just cause, shall not have the right to
continuing offer on the part of the consenting spouse and
be supported
the third person, and may be perfected as a binding
contract upon the acceptance by the other spouse or 2. When the consent of one spouse to any transaction of the
authorization by the court before the offer is withdrawn by other is required by law, judicial authorization shall be
either or both offerors obtained in a summary proceeding
Identically similar with Art. 96

RA Salanga 1-A Persons and Family Relations Page 37 of 77


3. In the absence of sufficient conjugal partnership property, listing separately all the properties of the CPG and
the separate property of both spouses shall be solidarily the exclusive properties of each spouse
liable for the support of the family 2. Amounts advanced by the CPG shall be credited to the
CPG as an asset thereof
The spouse present shall, upon petition in a summary for payment of personal debts and obligations of either
proceeding, be given judicial authority to administer spouse
or encumber any specific separate property of the 3. Each spouse shall be reimbursed for the use of his or her
other spouse and use the fruits or proceeds thereof to exclusive funds in the acquisition of property or for the
satisfy the latter's share value of his or her exclusive property, the ownership of
Identically similar with Art. 100 which has been vested by law in the conjugal partnership.
4. Debts and obligations of the CPG shall be paid out of the
128. If a spouse without just cause abandons the other or conjugal assets
fails to comply with his or her obligation to the family, the In case of insufficiency, the spouses shall be
aggrieved spouse may petition the court for receivership, solidarily liable for the unpaid balance with their
for judicial separation of property, or for authority to be the separate properties, in accordance with the
sole administrator of the conjugal partnership property, provisions Art. 121(2).
subject to such precautionary conditions as the court may 5. Whatever remains of the exclusive properties of the
impose spouses shall thereafter be delivered to each of them
The obligations to the family mentioned in the preceding 6. Unless the owner had been indemnified from whatever
paragraph refer to marital, parental or property relations source, the loss or deterioration of movables used for the
A spouse is deemed to have abandoned the other when he benefit of the family, belonging to either spouse, even due
or she has left the conjugal dwelling without intention of to fortuitous event, shall be paid to said spouse from the
returning. The spouse who has left the conjugal dwelling conjugal funds, if any
for a period of three months or has failed within the same 7. The net remainder of the conjugal partnership properties
period to give any information as to his or her whereabouts shall constitute the profits
shall be prima facie presumed to have no intention of which shall be divided equally between husband and
returning to the conjugal dwelling wife o unless a different proportion or division was
Identically similar with Art. 101 agreed upon in the marriage settlements
o unless there has been a voluntary waiver or
forfeiture of such share as provided in this Code
Section 7 LIQUIDATION OF THE CONJUGAL
PARTNERSHIP ASSETS AND LIABILITIES 8. The presumptive legitimes of the common children shall be
delivered upon the partition in accordance with Art. 51.
129. Upon the dissolution of the conjugal partnership 9. Conjugal dwelling and the lot o shall be adjudicated to the
regime, the following procedure shall apply: spouse with whom the majority of the
1. Inventory shall be prepared common children choose to remain
o unless otherwise agreed upon by the parties

RA Salanga 1-A Persons and Family Relations Page 38 of 77


Children below the 7 y/o are deemed to have chosen 132. The Rules of Court on the administration of estates
the mother, unless the court has decided otherwise of deceased persons shall be observed in the appraisal and
o In case there is no such majority, the court shall sale of property of the conjugal partnership, and other
decide, taking into consideration the best interests matters which are not expressly
of said children determined in this Chapter
CPG may be liquidated by extrajudicial settlement,
ordinary action of partition, or by way of testate or 133. From the common mass of property support shall be
intestate proceedings given to the surviving spouse and to the children during
the liquidation of the inventoried property and until what
130. Upon the termination of the marriage by death, the belongs to them is delivered; but from this shall be
CPG shall be liquidated in the same proceeding for the deducted that amount received for support which exceeds
settlement of the estate of the deceased the fruits or rents pertaining to them
If no judicial settlement proceeding is instituted, the Only the surviving spouse and the children are entitled
surviving spouse shall liquidate the conjugal partnership to get the allowances for support
property either judicially or extra-judicially within 6 Allowances for support to the children and the spouse of
months from the death of the deceased spouse the deceased pending liquidation of the estate are
o If upon the lapse of the six-month period no liquidation subject to collation and deductible from their share of
is made, any disposition or encumbrance involving the the inheritance insofar as they exceed what they are
entitled to as fruits or income
conjugal partnership property of the terminated
marriage shall be void
Chapter 5 SEPARATION OF PROPERTY OF THE
Should the surviving spouse contract a subsequent SPOUSES AND
marriage without compliance with the foregoing
requirements, a mandatory regime of complete ADMINISTRATION OF COMMON PROPERTY BY ONE
separation of property shall govern the property SPOUSE DURING THE MARRIAGE
relations of the subsequent marriage
Identically similar to Art. 103 134. In the absence of an express declaration in the
marriage settlements, the separation of property between
131. Whenever the liquidation of the CPG of two or more spouses during the marriage shall not take place except by
marriages contracted by the same person before the judicial order. Such judicial separation of property may
effectivity of this Code is carried out simultaneously, the either be voluntary or for sufficient cause
respective capital, fruits and income of each partnership Spouses cannot alter their property relations after the
shall be determined upon such proof as may be considered marriage without judicial approval
according to the rules of evidence. In case of doubt as to Separation of Property shall not prevail unless expressly
which partnership the existing properties belong, the same stipulated in the marriage settlement before the union
shall be divided between the different partnerships in is solemnized or by judicial decree during the
proportion to the capital and duration of each existence of marriage

RA Salanga 1-A Persons and Family Relations Page 39 of 77


135. Any of the following shall be considered sufficient absent spouse shall be enough basis for the grant of the
cause for judicial separation of property: (that the spouse decree of judicial separation of property
of the petitioner has been) 1. Sentenced to a penalty which
carries with it civil interdiction Deprivation of rights: 136. Voluntary dissolution of the ACP or CPG or for the
a. Parental authority or guardianshipperson or property of separation of their common properties
any The spouses may jointly file a verified petition with the
ward court for the
b. Marital authority Need not state any reason for the conversion
c. Manage his own property Agreement of the parties is enough
d. Dispose his property by any act or any conveyance inter The agreement for voluntary separation of property
vivos takes effect from the time of the judicial order
2. Judicially declared an absentee Declaration may be made decreeing the separation of the properties and not
if: from the signing of the agreement
o 2 years have elapsed without any news In case of waiver of one spouse, any creditor of such
o 5 years in case the absentee has left a person in charge of spouse may petition the court to rescind the waiver to
the administration of his property the extent of the amount sufficient to cover the amount
The judicial declaration shall not take effect until 6 of the credit
months after its publication in a newspaper of
general circulation 137. After the SP has been decreed
3. Loss of parental authority decreed by the court - ACP or CPG shall be liquidated
The law does not distinguish what type of child - however, the delivery of presumptive legitime need not be
4. Abandoned the latter or failed to comply with his or her complied with, as such delivery specifically applies only in
obligations to the family as provided for in Article 101 case the marriage is either judicially annulled under Art. 45
Abandoned the conjugal dwelling without intention of or declared void for non-observance of Art. 40
returning and with an intent to absolutely forego During pendency, the ACP or CPG shall pay for the support
his/her family duties of the
5. Abused the power of administration granted in the
spouses and their children
marriage settlements
Abuse connotes willful and utter disregard of the
interests of the partnership evidenced by a 138. After dissolution of the ACP or CPG, the provisions on
repetition of deliberate acts and/or omission SP shall apply
prejudicial to the latter
6. At the time of the petition, the spouses have been 139. The petition and final judgment granting the SP shall
separated in fact for at least one year and reconciliation is be recorded in
highly improbable the proper civil registries and registries of property
In the cases provided for in Numbers (1), (2) and (3), the
presentation of the final judgment against the guilty or 140. The SP shall not prejudice the rights acquired by
creditors
RA Salanga 1-A Persons and Family Relations Page 40 of 77
141. The spouses may file a motion for a decree to revive if the other spouse is not qualified by reason of
the property regime that existed between them before the incompetence, conflict of interest, or any just cause,
SP in any of the following instances: the court shall appoint a suitable person to be the
a. Civil interdiction terminates administrator
b. Absentee spouse reappears
c. The court is satisfied that the spouse granted the power of
administration will not again abuse the said power
d. When the spouse who left resumes common life with the
Chapter 6 REGIME OF SEPARATION OF PROPERTY
other
e. Parental authority is judicially restored
143. If the property relation is SP, the provisions of this
f. When the spouses who separated in fact for at least one
Chapter shall be suppletory
year, reconcile and resume common life
g. When the dissolution was voluntary, after the revival of the
144. SP may refer to present or future property or both. It
former property regime, no voluntary SP may thereafter be
may be total or partial. If it is partial, the property not
granted
agreed upon as separate shall
pertain to the absolute community
The agreement to revive the former property regime shall
be executed under oath and shall specify:
145. Administration of property in SP:
a. Properties to be contributed anew to the restored regime
a. shall own, dispose of, possess, administer and enjoy his or
b. Those to be retained as separate
her own separate estate without need of the consent of
c. The names of all their creditors, their addresses and the the other
amounts
b. shall belong all earnings from his/her profession, business
owing to each or industry and all fruits, natural, industrial or civil, due or
received
142. Transfer of administration when one spouse: during the marriage from his/her separate property
a. becomes the guardian of the other
- the law obliges the spouse to live 146. Obligations:
with and take care of his/her a. both spouses shall bear the family expenses in proportion
spouse to their income, or in case of insufficiency, to the current
b. judicially declared an absentee market value of their separate properties
c. sentenced to a penalty with civil interdiction b. liability of the spouses to creditors for family expenses
d. becomes a fugitive from justice or is hiding as an accused shall be solidary
in a criminal case
- fugitive from justice o one who
flees to avoid punishment

RA Salanga 1-A Persons and Family Relations Page 41 of 77


Articles 147 and 148 of the Family Code of the Philippines b. property acquired by either spouse exclusively by his/her
are the governing laws on property relations between a own fund belongs to such party
man and a woman in a live-in relationship. c. property acquired by them through their work or industry
shall be governed by the rules on co-ownership; either
Chapter 7 PROPERTY REGIME OF UNIONS spouse may alienate in favor of the other his/her share in
WITHOUT MARRIAGE the property
d. property acquired while they live together shall presumed
147. Structure of Property Relations: to have been obtained by their joint efforts, work or
a. salaries and wages shall be owned by them in equal shares industry and shall be owned by them in equal shares
e. a party who did not participate in the acquisition by the other ownership. Any property acquired during the union is prima
facie party of any property shall be deemed to have contributed presumed to have been obtained through their joint
efforts. A party who jointly if the formers efforts consisted in the care and did not participate in the acquisition of the
property shall still be maintenance of the family and of the household considered as having contributed thereto jointly if
said partys efforts
f. fruits of the couples separate property are not included in the consisted in the care and maintenance of the family
household. co-ownership
g. property acquired by any of the parties after separation shall be 148. Cohabitation not falling under art. 147 exclusively
owned by the party who acquired it Relationships contemplated:
h. neither party can encumber or dispose by acts inter vivos of a. not capacitated to marry his/her share in the property
acquired during cohabitation and b. adulterous marriage even if it occurred prior to the effectivity of owned in common,
without the consent of the other, until after the Family Code
the termination of their cohabitation c. bigamous or polygamous marriage
i. no one can donate or waive any interest in the co-ownership that d. incestuous void marriages under art. 37 would
constitute an indirect or direct grant of gratuitous e. void marriages by reason of public policy (art. 38) advantage to the
other which is void pursuant to art. 87
j. when only one of the parties to a void marriage is in good faith, Structure of the Property:
the share of the property in bad faith in the co-ownership shall a. salaries and wages are separately owned and if any
of the parties is be forfeited in favor of their common children married, it shall form part of the property of such
legitimate
Requisites to qualify under art. 147: marriage
The man and the woman must b. property acquired solely by funds of any of the parties shall belong a. be capacitated to
marry each other to that party
b. live exclusively with each other as husband and wife c. only properties acquired by both of the parties through their
actual
c. be without the benefit of marriage or under a void marriage joint contribution shall be owned by them in common in
proportion to their respective contributions
RA Salanga 1-A Persons and Family Relations Page 42 of 77
The Supreme Court held in Valdes vs. Regional Trial Court, Br. 102, d. the respective shares over properties owned in
common are
Quezon City, to wit: presumed to be equal. Proof is needed to show their contribution
This peculiar kind of co-ownership applies when a man and a woman, and respective shares are not equal. Without proof,
there can be suffering no legal impediment to marry each other, so exclusively live no presumption of co-ownership and
equal sharing
together as husband and wife under a void marriage or without the e. the rule and presumption mentioned above shall
apply to joint benefit of marriage. The term capacitated in the provision (in the first deposits of money and evidences of
credit paragraph of the law) refers to the legal capacity of a party to contract f. if one, who is not validly married, acted in
bad faith his/her share marriage, i.e., any male or female of the age of eighteen years or shall be forfeited in the manner
provided in the last paragraph of upwards not under any of the impediments mentioned in Article 37 and art. 147. This shall
also apply even if both acted in bad faith
38 of the Code.
In the cases of Agapay v. Palang, and Tumlos v. Fernandez, which
Under this property regime, property acquired by both spouses through involved the issue of co-ownership of properties
acquired by the their work and industry shall be governed by the rules on equal co parties to a bigamous marriage and an
adulterous relationship,
respectively, the Supreme Court ruled that proof of petitioner Jacinto Saguid in Marinduque, sometime in July
actual contribution in the acquisition of the property is 1987. After a brief courtship, the two decided to cohabit as
essential. The claim of co-ownership of the petitioners husband and wife in a house built on a lot owned by
therein who were parties to the bigamous and Jacintos father. Their cohabitation was not blessed with
adulterous union is without basis because they failed any children. Jacinto made a living as the patron of their
to substantiate their allegation that they contributed fishing vessel Saguid Brothers. Gina, on the other hand,
money in the purchase of the disputed properties. worked as a fish dealer, but decided to work as an
Also in Adriano v. Court of Appeals, the Court ruled entertainer in Japan from 1992 to 1994 when her
that the fact that the controverted property was titled relationship with Jacintos relatives turned sour. Her
in the name of the parties to an adulterous periodic absence, however, did not ebb away the conflict
relationship is not sufficient proof of co-ownership with petitioners relatives. In 1996, the couple decided to
absent evidence of actual contribution in the separate and end their 9-year cohabitation.
acquisition of the property.
On January 9, 1997, private respondent filed a complaint
for Partition and Recovery of Personal Property with
The case of Saguid vs. Court of Appeals, G.R. No. Receivership against the petitioner with the Regional Trial
150611, June 10, 2003 illustrates how the Supreme Court of Boac, Marinduque. She alleged that from her
Court applied Article 148: salary of $1,500.00 a month as entertainer in Japan, she
was able to contribute P70,000.00 in the completion of
Seventeen-year old Gina S. Rey was married, but
their unfinished house. Also, from her own earnings as an
separated de facto from her husband, when she met
entertainer and fish dealer, she was able to acquire and
RA Salanga 1-A Persons and Family Relations Page 43 of 77
accumulate appliances, pieces of furniture and household validly married to another man at the time of her
effects, with a total value of P111,375.00. She prayed that cohabitation with the latter. Their property regime
she be declared the sole owner of these personal therefore is governed by Article 148 of the Family Code,
properties and that the amount of P70,000.00, which applies to bigamous marriages, adulterous
representing her contribution to the construction of their relationships, relationships in a state of concubinage,
house, be reimbursed to her. relationships where both man and woman are married to
Private respondent testified that she deposited part of her other persons, and multiple alliances of the same married
earnings in her savings account with First Allied man. Under this regime, only the properties acquired by
Development Bank. Her Pass Book shows that as of May both of the parties through their actual joint contribution of
23, 1995, she had a balance of P21,046.08. She further money, property, or industry shall be owned by them in
stated that she had a total of P35,465.00 share in the joint common in proportion to their respective contributions ...
account deposit which she and the petitioner maintained Proof of actual contribution is required.
with the same bank. Gina declared that said deposits were In the case at bar, although the adulterous cohabitation of
spent for the purchase of construction materials, the parties commenced in 1987, which is before the date
appliances and other personal properties. of the effectivity of the Family Code on August 3, 1998,
Article 148 thereof applies because this provision was
In his answer to the complaint, petitioner claimed that the intended precisely to fill up the hiatus in Article 144 of the
expenses for the construction of their house were defrayed Civil Code. Before Article 148 of the Family Code was
solely from his income as a captain of their fishing vessel. enacted, there was no provision governing property
He averred that private respondents meager income as relations of couples living in a state of adultery or
fish dealer rendered her unable to contribute in the concubinage. Hence, even if the cohabitation or the
construction of said house. Besides, selling fish was a acquisition of the property occurred before the Family
mere pastime to her; as such, she was contented with the Code took effect, Article 148 governs.
small quantity of fish allotted to her from his fishing trips.
Petitioner further contended that Gina did not work As in other civil cases, the burden of proof rests upon the
continuously in Japan from 1992 to 1994, but only for a 6- party who, as determined by the pleadings or the nature of
month duration each year. When their house was repaired the case, asserts an affirmative issue. Contentions must
and improved sometime in 1995-1996, private respondent be proved by competent evidence and reliance must be
did not share in the expenses because her earnings as had on the strength of the partys own evidence and not
entertainer were spent on the daily needs and business of upon the weakness of the opponents defense. This applies
her parents. From his income in the fishing business, he with more vigor where, as in the instant case, the plaintiff
claimed to have saved a total of P130,000.00, P75,000.00 was allowed to present evidence ex parte. The plaintiff is
of which was placed in a joint account deposit with private not automatically entitled to the relief prayed for. The law
respondent. This savings, according to petitioner was gives the defendant some measure of protection as the
spent in purchasing the disputed personal properties. plaintiff must still prove the allegations in the complaint.
Favorable relief can be granted only after the court is
convinced that the facts proven by the plaintiff warrant
It is not disputed that Gina and Jacinto were not such relief. Indeed, the party alleging a fact has the
capacitated to marry each other because the former was burden of proving it and a mere allegation is not evidence.
RA Salanga 1-A Persons and Family Relations Page 44 of 77
In the case at bar, the controversy centers on the house Chapter 1 THE FAMIILY AS AN INSTITUTION
and personal properties of the parties. Private respondent
alleged in her complaint that she contributed P70,000.00 149. Family
for the completion of their house. However, nowhere in her Foundation of the nation
testimony did she specify the extent of her contribution.
Basic social institution o Which public policy
What appears in the record are receipts in her name for
cherishes and protects Family Relations
the purchase of construction materials on November 17,
Governed by law
1995 and December 23, 1995, in the total amount of
P11,413.00. No custom, practice or agreement destructive of the
family shall be recognized or given effect
On the other hand, both parties claim that the money used
to purchase the disputed personal properties came partly 150. Family relations include those: (between/among)
from their joint account with First Allied Development a. Husband and wife
Bank. While there is no question that both parties b. Parents and children
contributed in their joint account deposit, there is,
c. Other ascendants and descendants
however, no sufficient proof of the exact amount of their
respective shares therein. Pursuant to Article 148 of the d. Brothers and sisters, whether of the full or half-blood
Family Code, in the absence of proof of extent of the Does not include relatives by affinity and by consanguinity
parties respective contribution, their share shall be not covered by the above provision
presumed to be equal. Here, the disputed personal A strict provision, wherein only those listed are deemed to
properties were valued at P111,375.00, the existence and by
value of which were not questioned by the petitioner. family members, in relation to the next article
Hence, their share therein is equivalent to one-half, i.e.,
P55,687.50 each. 151. Suit
Only implies civil actions
Does not apply to settlement of estate guardianship,
custody of children, and habeas corpus
TITLE V THE FAMILY a. None shall prosper between members of the same family
unless it should appear from the verified complaint or
petition that earnest efforts towards a compromise have
been made, but that the same have failed
o Duty to engage in earnest efforts to compromise is not Chapter 2 THE FAMILY HOME required if
one of the parties in the suit is not a family
member 152. Family Home
b. If shown that no such efforts were in fact made, the case must Constituted jointly by the husband and the wife or by an be
dismissed unmarried head of a family
o Complaint or petition must be verified. If unverified, the a. Dwelling house where the family
reside case will not be dismissed but the court will require the b. The land where it is
situated
RA Salanga 1-A Persons and Family Relations Page 45 of 77
party to have it verified Not affected by the type of property regime or if the marriage
c. This rule shall not apply to cases which may not be the subject has been nullified of compromise under the Civil Code
1. Civil status of persons 153. Family home
2. Validity of a marriage or of a legal separation deemed constituted on a house and lot from the time it is
3. Any ground for legal separation occupied as a family residence
4. Future support o element of permanence
5. Jurisdiction of courts o occupancy must be actual and not constructive
6. Future legitime o constituted by operation of law but prior to Family Code,
Exempt from criminal liability, not civil liability, in crimes it must be constituted judicially or extra-judicially
against property: continues to be such and is exempt from execution, forced
1. Theft sale or attachment long as any of its beneficiaries actually 2. Swindling or malicious mischief resides therein
Committed or caused mutually by: o except as hereinafter provided and to the extent of the
1. Spouses, ascendants and descendants, or relatives by affinity value allowed by law. in the same line
2. Widowed spouse with respect to the property of the deceased 154. Beneficiaries of a family home are:
spouse before the same shall have passed into the possession 1. husband and wife, or an unmarried head of the
family
of another 2. their parents, ascendants, descendants, brothers or sisters,
3. Brothers and sisters, and brothers-in-law and sisters-in-law, whether legitimate or illegitimate
if living together a. who live in the family home
No prescription for: b. who depend upon the head of the family for legal
1. Husband and wife even with decree of separation of support
property occupancy of (2) must be with the consent of (1)
2. Parents and children during minority or insanity of the if the owner decides to sell the family home, he must obtain the
latter consent of a majority of the beneficiaries of legal age
3. Guardian and ward during continuance of guardianship the enumeration may include in-laws if constituted jointly
by
the husband and the wife

Requisites to be a beneficiary:
1. must be among the relationships enumerated in Art. 154
2. they live in the Family home being the chief source of revenue for the
3. they are dependent for legal support upon the head of the government to keep it running, it must be paid
family immediately and without delay
2. debts incurred prior to the constitution of the family home
155. Family home is exempt from execution, forced sale 3. debts secured by mortgages on the premises before or
or attachment, except for: after such constitution
1. non-payment of taxes

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4. debts due to laborers, mechanics, architects, builders, 400k, it can be considered as a family home
materialmen and others who have rendered service or because the 300k is more
furnished material for the construction of the building favorable
debt includes money judgment arising from tort
158. Family home may be:
156. Family home: sold, alienated, donated, assigned or encumbered
a. must be part of the ACP or the CPG, or the exclusive
property of either spouse with the latters consent by the owner or owners with the written
b. may be constituted by an unmarried head of the family on consent: a. of the persons constituting the
his/her own property same
c. property that is subject of a conditional sale on installment b. the latters spouse
may be constituted as a family home c. majority of the beneficiaries of legal age
not an apartment or a house that is merely rented
or ha house built on a property of another in case of conflict, the court shall decide.

157. Value of the Family home: (at the time of its 159. Death of one or both spouses or of the unmarried
constitution) head of the family:
a. shall not exceed 300k in urban areas and 200k in the family home shall continue for a period of 10 years
rural areas, or such amounts as may hereafter be or for as long as there is a minor beneficiary
fixed by law
the heirs cannot partition the same unless the court
i. urban area includes chartered cities and municipalities finds compelling reasons therefor
whose annual income at least equals that legally required
this rule shall apply regardless of whoever owns the
for chartered cities property or constituted the family home
ii. all others are deemed to be rural areas
if the value is more than the value fixed by law, 160. Creditor
such home is not a family home, and is not
exempt from whose claim is not under Art. 155 obtains a judgment
execution, forced sale or attachment in his favor and has reasonable belief that the family
b. if the value of the currency changes after the home is actually worth more than the amount fixed
adoption of this code, the value most favorable for in Art. 157, he may apply to the court for an order
the constitution of a family home shall be basis of directing the sale of the property under execution o
the evaluation the court shall order if it finds that:
i.e. before the effectivity of the Family Code, a i. the actual value exceeds the maximum
house worth 250k was not judicially amount allowed by law as of the time of
constituted as a family home, at the time or its constitution
after the effectivity, the value is still the same, ii. the increased actual value exceeds the
it automatically becomes a family home; or it maximum allowed in Art. 157 and
was 300k then, and after effectivity it became results from subsequent voluntary
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improvements introduced by the person Paternity and Filiationrefer to the relationship or tie
or persons which exists between parents and their children
constituting the family home a. By nature
at the execution sale, no bid below the value allowed Natural filiation:
for a family home shall be considered x Legitimacy or illegitimacy are fixed by law and
o proceeds shall be applied first to the amount mentioned in cannot be left to the will of the parties or the
declaration of any physician or midwife
Art. 157 and then to the liabilities under the judgment and
Legitimate
costs
Illegitimate
o excess shall be delivered to the judgment debtor i.e. the
debt is 500k, the family home s current actual value is b. By adoption
1M, the bid will start at 300k in an urban area. If it sold for
700k, the 300k will be given to the debtor to be able to 164. Legitimate children
build a new family home, then the 400k to the judgment 1. Born and conceived during the marriage of the parents
creditor; but if it is under Art. 155, the 500k debt will be
given first, then, whatever is left, 200k will be for the 2. Conceived by artificial insemination of the wife with the
judgment debtor sperm of the husband or that of the donor provided that
both of them authorized or ratified such in a written
161. For purposes of availing of the benefits of a family instrument executed and signed by them before the birth
home as provided for in this Chapter, a person may of the child Types of artificial insemination:
constitute, or be the 1. Homologous
beneficiary of, only one family home - the wife is artificially impregnated with the semen
of her husband, AIH (Artificial Insemination
Husband)
162. The provisions in this Chapter shall also given family 2. Heterologous
residences insofar as said provisions are applicable - Artificial insemination of the wife by the semen of
All existing family residences at the time of the effectivity a thirdparty donor, AID (Artificial Insemination
of the Family Code are considered family homes and are Donor)
prospectively entitled to the benefits accorded to a family a. Consensual with the consent of the husband
home under the Family Code. b. Nonconsensual without the consent of the husband
This has no retroactive effect Non-observance of procedure for artificial insemination
shall constitute a ground to impugn the legitimacy of the
child
TITLE VI PATERNITY AND FILIATION presumption of legitimacy can only arise upon the
convincing proof of:
the legality of marriage of the parents and
Chapter 1 LEGITIMATE CHILDREN that conception or birth occurred during that
marriage
163. Filiation of children:
Status of the children can never be compromised 165. Illegitimate children

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Conceived and born outside of a valid marriage, Vasectomyremoval of about an inch of the
unless otherwise provided in this Code tubes or vas deferens which is the passage
Conceive and born outside a valid marriage or way of the sperm from the testicle to the
inside a void marriage urethra and trying the remaining ends
Exceptions: (Art. 54) Scientific tests:
1. children conceived or born before the judgment of 1. A-B-O Testblood grouping test is accurate only in
annulment or of absolute nullity of the marriage, where the excluding paternity
ground for the latter is psychological incapacity, has 2. HLA TestHuman Leukocyte Antigen Test is a tissue typing
become final and executory test that has shown to prove identity between the child
2. children born from a subsequent void marriage due to and the father with a probability exceeding 98%
contracting parties failure to comply with articles 3. DNA Testif the probability of paternity resulting from DNA
52 and 53 is 99.9%, it is refutable
3. In case of artificial insemination, the written authorization
166. Grounds for impugning the legitimacy of a child: or ratification of either parent was obtained through
mistake, fraud, violence, intimidation, or undue influence
1. Physical impossibility for the husband to have sexual
intercourse within 120 of the 300 days which immediately In the event that the grounds are proven, the child will
preceded the birth of the child because of: neither be legitimate or illegitimate in so far as the
husband is concerned but rather the husband and the child
a. Physical incapacity of the husband to have sexual will not be related to each other
intercourse with his wife As far as the mother is concerned, the child is illegitimate
Impotenceinability of the male organ to
copulate, to perform its proper function;
167. The child shall be considered legitimate although the
physical inability to perform the act of sexual
intercourse mother may have declared against its legitimacy or may
The proof of impotency must be have been sentenced as an adulteress
clear, satisfactory and It makes it possible for the wife to file an action to
convincing, irresistible or impugn the legitimacy of the child
positive Reasons for adoption of this provision:
Sterilityinability to procreate In a fit of anger, or to arouse jealousy in the husband,
b. The fact that they were living separately the wife may have made this declaration
c. Serious illness of the husband, which absolutely prevented Guaranty in favor of the children whose condition
should not be under the mercy of the passions of their
sexual intercourse parents
The illness must be serious and that will At the moment of conception, it cannot be determined
absolutely prevent him from engaging in when a woman cohabits during the same period with
sexual intercourse two men, by whom the child was begotten, it being
2. Proven by biological or other scientific reasons that the possible that it be the husbands
child could not have been that of the husband except in Only the husband and the heirs can invoke the grounds
par. (2) of under Article 166 and 167
Art. 164 The child should had been delivered by a woman who is
the childs natural mother
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2. The husband or any heirs do not reside at the place of
168. If the marriage is terminated and the mother birth or where it was recorded:
contracted another marriage within 300 days after such a. 2 years if they reside in the Philippines
termination, these rules shall govern in the absence of b. 3 years if they reside abroad
proof to the contrary: 3. The birth has been concealed from or was unknown to the
1. A child born before 180 days after the solemnization of the husband or his heirsthe period shall be counted from the
subsequent marriage is considered to have been discovery or knowledge of the birth or of the fact of
conceived during the former marriage, provided it be born registration of such birth, whichever is earlier
within 300 days after the termination of the former After the lapse of the period of prescription, the
marriage status of the child becomes fixed and cannot be
2. A child born after 180 days (subsequent marriage) is questioned anymore
considered to have been conceived during such marriage,
even though it be born within 300 days after the
termination of the former marriage
Article 168 will apply only in the absence of proof to 171. Impugning by the heirs of the husband only in the
the contrary following cases:
The rules do not give any presumption as to legitimacy 1. If the husband should die before the expiration of the
or illegitimacy but merely state when the child is period fixed for bringing his action
considered to have been conceived.
2. If he should die after the filing of the complaint, without
The status of the child will depend upon the status of
the marriage in which he or she is considered to having desisted therefrom
have been conceived 3. If the child was born after the death of the husband
Legitimacy cannot be collaterally attacked or
169. The legitimacy or illegitimacy of a child born after impugned
300 days following the termination of the marriage shall be It can only be impugned through a direct suit precisely
proved by whoever alleges such legitimacy or illegitimacy filed for the purpose of assailing the legitimacy of
the child
In the absent of subsequent marriage, the father could
be anybody
A child born after 300 days from possible conception is
Chapter 2 PROOF OF FILIATION
not accorded any presumption either of legitimacy or
illegitimacy
172. The filiation of legitimate children is established by
170. Prescriptive period for actions to impugn legitimacy any of the following:
of the child if: 1. Record of birth certificate appearing in the civil register or
1. The husband or any heirs reside in the city or municipality a final judgment
where the birth took place or was recordedwithin 1 year If the certificate of live birth is signed by the parents,
from the knowledge of the birth or its recording in the civil particularly the father, such certificate is self-
registrar authenticating and is consummated act and

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therefore there is no further need to file any action In these cases, the heirs shall have a period of 5 years
for acknowledgment within which to institute the action.
Declaration of law provided in Art. 164 will prevail The action already commenced by the child shall survive
over presumption of fact in Art. 172 notwithstanding the death of either or both of the parties
Final Judgmenta judicial decision bearing on the
status of the children as legitimate and hence,
binding and conclusive 174. Rights of legitimate children:
2. Admission of legitimate filiation in a public document or a 1. To bear the surname of the father and the mother, in
private handwritten instrument and signed by the parent conformity with the provisions of the Civil Code on
concerned Surnames
Complete act of recognition without need of court 2. To receive support from their parents, ascendants, and in
action proper cases, brothers or sisters, in conformity with the
In the absence of those above mentioned: provisions of the Civil Code on Support
1. Open and continuous possession of the status of a 3. To be entitled to the legitime and other successional rights
legitimate child granted to them by the Civil Code
Such acts must be of such a nature that they reveal Legitimate Illegitimate
not only the conviction of paternity, but also the Claim of Lifetime Lifetime with the use of 1st
apparent desire to have and treat the child as such legitimacy regardless of what par. of Art. 172
in all relations in society and in life, not
type of proof in Lifetime of parent if 2 par.
nd
accidentally, but continuously /
illegitimac Art. 172 of Art. 172
2. Any other means allowed by the Rules of Court and special
laws y May be Not transmissible to the
Pictures, typewritten letters, and affidavits do not transmitted heirs
constitute proof of filiation to the heirs
Canonical records such as baptismal record or Support Entitled in the Entitled in the direct line of
certificate do not constitute proof of filiation direct line of relationship but only up to
because such is no proof of the declarations in the relationship, his/her grandparents or
record with respect to the parentage of the child ascendants and grandchildren
baptized descendants
Other proofs of filiation: Successio of the legitime of a
a. Baptismal certificatethe father should have nal Rights legitimate child
participated in Surname Father Mother
the preparation of the same Inheritanc No right ab intestate to
e inherit from the legitimate
173. The action to claim legitimacy: children and relatives of his
may be brought by the child during his/her lifetime father or mother
and shall be transmitted to the heirs should he/she die
during minority or in a state of insanity.

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Chapter 3 ILLEGITIMATE CHILDREN Chapter 4 LEGITIMATED CHILDREN

175. Illegitimate filiation of illegitimate children may be 177. Children conceived and born outside of wedlock of
established in the same way and on the same evidence as parents who, at the time of conception of the former, were:
legitimate children. a. Not disqualified by any impediment to marry each
other
The prescriptive period is the same as with Art. 173, b. Disqualified only because either or both of them were
except if under the 2nd par. of Art. 172, the action may be below 18
brought during the lifetime of the alleged parent. years of age
May be legitimated
176. Use of surname of illegitimate children: Legitimation is purely a statutory creation
1. Motherthe surname and shall be under the parental her Legitimation will not affect the property rights which
authority, and shall be entitled to support in conformity have been already vested
with this Code. Requirements for legitimation:
2. Fatherif the filiation has been expressly recognized 1. The parents do not suffer any legal impediment or are
through record of birth appearing in the civil register, or disqualified to marry because either or both of them are 18
when an admission in a public document or private years of age at the time of the conception of the child
handwritten instrument is made by the father 2. The child has been conceived and born outside a valid
marriage
Has the right to institute an action before the
3. The parents subsequently enter into a valid marriage. It is
regular courts to prove non-filiation during his
the last step which by operation of law will finally
lifetime legitimate the child. The annulment of a voidable marriage
Legitime of an illegitimate child shall consist of of the shall not affect the legitimation
legitime of a legitimate child.
Art. 211 will apply if the alleged father admits that the 178. Legitimation shall take place by a subsequent valid
child is his and it is shown that it is really conclusively marriage between parents. The annulment of a voidable
his child and he even acknowledges that the child is marriage shall not
his and the said father lives together with the child
and the mother of the said child under a void affect the legitimation
marriage or without the benefit of a marriage
o the father and the mother shall jointly exercise 179. Legitimated children shall enjoy the same rights as
parental authority over the person of their legitimate children
common children. In case of disagreement, the
fathers decision shall prevail, unless there is a 180. The effects of legitimation shall retroact to the time
judicial order to the contrary
of the childs birth
Once parental authority is vested, it cannot be waived
except in cases of adoption, guardianship and
surrender to a childrens home or an orphan 181. The legitimation of children who died before the
institution celebration of the marriage shall benefit their descendants

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182. Legitimation may be impugned only by those who supported from the conjugal properties or the
are prejudiced in their rights, within 5 years from the time absolute community of properties
their cause of action accrues Support pendente lite between spouses:
Rightssuccessional rights, the persons who can be i. Nullity of marriagethe aggrieved party cannot be given
prejudiced in their rights by the process of support pendente lite by the other spouse because
legitimation are the legal heirs of the parents nothing exists except the allegation of marriage or denial
thereof
o Once declared void ab initio, the obligation to give
TITLE VIII SUPPORT support ceases
ii. Annulment of marriagethe spouses shall be supported
194. Support by the absolute community or the conjugal partnership o
Comprises everything indispensable for: Once declared annulled, the obligation to give support
o Sustenance o Dwelling ceases
iii. Legal separationthe spouses shall be supported by the
o Clothing o Medical
absolute community or the conjugal partnership
attendance o Education,
o Once decreed, Art. 198 states that the court may order
shall include his: the guilty spouse to support the innocent one, even after
his schooling (formal education) or training (non- the separation has been decreed
formal education) for some profession, trade or b. Legitimate ascendants and descendants
vocation, even beyond the age of majority The obligation to support is to ensure that members
o Transportation, shall include expenses in going: of a family do not allow any member of the same
to and from school, or to and from place of work family to become a burden to society
In keeping with the financial capacity of the family In case of conflict, the status of the parties should be
Supportincludes whatever is necessary to keep a established before support can be made
person alive c. Parents and their legitimate children and the legitimate
Kinds of support: and illegitimate children of the latter
a. Natural supportbasic necessities Obligation of the parents to support their children
b. Civil supportanything beyond the basic necessities and their grandchildren is premised on the principle
that as long as one is related by blood, there is no
195. The following are obliged to support each other to the reason why the obligation should fall on society and
not on his family
whole extend set forth in the preceding article and subject
d. Parents and their illegitimate children and the legitimate
to the provisions of the succeeding articles:
and illegitimate children of the latter
a. Spouses
In case the status of the child is at issue, the alleged
The duty and right to be supported presuppose a valid child can get support pendente lite from the alleged
marriage between the parties parent if his status as such has been proven
Articles 100 and 127 provides that a spouse who provisionally
leaves the conjugal home or refuses to live therein, e. Legitimate brothers or sisters, whether full or half-blood
without just cause, shall not have the right to be

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Support is a mandatory obligation that cannot be In case of the illegitimate children of either spouse, the
waived, renounced, transmitted or compensated as mere insufficiency of the separate property is enough
such obligation is necessary for the existence, to make the ACP or CPG liable in the meantime
survival and well-being of the individual ought to be
supported 198. During the proceedings for legal separation or for
Art. 2035 of the Civil Code provides that no annulment, and for declaration of nullity of marriage, the
compromise shall be valid upon the question of future spouses and their children shall be supported from the ACP
support or CPG.
196. Illegitimate brothers or sisters, whether full or half-
blood, are likewise bound to support each other except After final judgment granting the petition, the obligation
only when the need for support of the brother or sister, of mutual support ceases.
being of age, is due to a cause imputable to the claimants
fault or negligence However, in case of legal separation, the court may order
Support for illegitimate brothers or sisters, who are of the guilty spouse to give support to the innocent one,
age and is due to his or her own fault or negligence, specifying the terms of such order.
does not become a demandable right, and therefore, Support from this article is principally obtained from the
may not be given at all separate property of the spouse from whom support is
sought
197. For the support of
a. Legitimate ascendants 199. Whenever two or more persons are obliged to give
b. Descendants, whether legitimate or illegitimate support, the liability shall devolve upon the following
persons in the order herein provided:
c. Brothers and sisters, whether legitimately or illegitimately
related Only the separate property of the person obliged to i. Spouse
give support shall be answerable ii. Descendants in the nearest degree
iii. Ascendants in the nearest degree
Unless, the obligor has no separate property, the ACP iv. Brother and sisters
or CPG, if financially capable, shall advance the
support, which shall be deducted from the share of the 200. Payment when the obligation to give support falls
spouse obliged upon the liquidation of the ACP or CPG. upon two or more persons
The separate property of the obligor will be liable for Shall be divided between them in proportion to the
the support of those relatives enumerated above resources of each
However, if the legitimate descendants are the common
children of the spouses or legitimate children of In case of urgent need and by special circumstances
either of the spouses, the ACP or CPG shall be
principally liable for their support The judge may order only one of them to furnish the
support provisionally, without prejudice to his right to
claim from the other obligors the share due to them

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204. Options of the obligor in giving support, to fulfill the
When two or more recipients at the same time claim obligation either by:
support from one and the same person legally obliged to a. Paying the allowance fixed
give it, who has no sufficient means to satisfy all claims b. Receiving and maintaining in the family dwelling the
The order established in the preceding article shall be person who has a right to receive support
followed o Cannot be availed in case there is a moral or legal obstacle
Unless the concurrent obliges should be the spouse and a thereof
child subject to parental authority
o In which case the child shall be preferred 205. Not levied upon on attachment or execution the
Right to receive support
201. Amount of support shall be in proportion to the: Any money or property attained as such support
a. resources or means of the giver In case of contractual support or that given by willthe
b. necessities of the recipient excess in amount beyond that required for legal
support shall be subject to levy on attachment or
202. Support referred to the preceding article shall be execution
reduced or increased proportionately according to
a. the reduction or increase of the necessities of the recipient 206. When, without the knowledge of the person obliged
to give support, it is given by the stranger
b. the resources or means of the person obliged to furnish the
He shall have the right to claim from the former
same
a. Unless it appears that he gave it without intention
203. Obligation to give support shall be
of being reimbursed
a. demandable from the time the person who has the right to
The resulting relationship between the stranger and
receive the same needs it for maintenance the person obliged to give support is a quasi-contract
b. paid only from the date of judicial or extrajudicial demand Quasi-contracta juridical relation to which arises
o shall be made within the first five days of each from certain lawful, voluntary and unilateral acts to
corresponding month the end that no one shall be unjustly enriched or
o when recipient dies, his heirs shall not be obliged to return benefited at the expense of the another
Requirements:
what he has received in advance
i. Support has been furnished to a dependent of one bound
to give such support but fails to do so
Support pendente lite may be claimed in accordance ii. The support was supplied by a stranger
with the Rules of Court. iii. The support was given without the knowledge of the
The SC allows payment of support in arrears even person charged with the duty
though the reason, like finishing college, have already
lapsed by the time the decision was rendered
207. When the person obliged to support another

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Unjustly refuses or fails to give support when urgently Chapter 1 GENERAL PROVISIONS
needed by the latter
a. Any third person may furnish support to the needy 209. Parental authority and responsibility
individual with a right of reimbursement from the Pursuant to the natural right and duty of parents over the
person obliged to give support person and property of their unemancipated child
Shall include caring for and rearing for such children for:
This article shall apply particularly when the father ora. Civic consciousness
the mother of a child under the age of majority b. Efficiency and development of their moral, mental and
unjustly refuses to support or fails to give support to physical character and well-being
the child when urgently needed.
Parental authorityinvolves a mass of rights and
Requisites: obligation which the law grants for the purpose of the
i. There is an urgent need to be supported on the part of the childrens physical preservation and development, as
recipient well as the cultivation of their intellect and the
ii. The person obliged to support unjustly refuses or fails to education of their hearts and senses
give the support
iii. A third person furnishes the support to the needy 210. Parental authority and responsibility may not be
individual renounced or transferred except in cases authorized by law
The law allows a waiver of parental authority only in
208. In case of contractual support or that given by will, a. Adoption
the excess amount beyond the required for legal support b. Guardianship
shall be subject to levy on attachment or execution. c. Surrender to a childrens home or an orphan institution
Entrusting the custody of a minor to another by the
Furthermore, contractual support shall be subject to parent, even in a document, is merely a temporary
adjustment whenever modification is necessary due to custody and does not constitute renunciation of
changes in circumstances manifestly beyond the parental authority
contemplation of the parties. Only in cases of the parents death, absence or
Legal supportmandated by law to be given and that unsuitability may substitute parental authority be
which is provided in Art. 194 exercised by the surviving parent
Contractual supportone which is entered into by the Parental authority can be terminated for cause in
parties usually with reciprocal duties and obligations accordance with the legal grounds in Articles 228-
but is not mandated by law 232

211. The father and the mother shall jointly exercise


parental authority over the person of their common
TITLE IX PARENTAL AUTHORITY children. In case of disagreement, the fathers decision
shall prevail, unless there is a judicial order to the contrary

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Children shall always observe respect and reverence
towards their parents and are obliged to obey them as 213. In case of separation of the parents
long as the children are under parental authority. the parental authority shall be exercised by the
Applies to both legitimate and illegitimate children parent designated by the Court
Requisites for the application to illegitimate children: o the Court shall take into account all relevant
a. The father is certain considerations, especially the choice of the child
b. The illegitimate children are living with the said father over 7 y/o, unless the parent chosen is unfit
and the mother, who are cohabiting without the benefit of
no child under 7 years of age shall be separated from
a marriage or under a void marriage not falling under
the mother, unless the court finds compelling
Articles 36 and 53
reasons to order otherwise
Requisites for Art. 176 where illegitimate children shall
be under the parental authority of the mother only: The designation does not mean that the parental
a. The paternity of the child is unknown authority of the other parent is necessarily
b. Though the paternity is certain, the father is not living terminated or suspended
with the mother and the child Parents are never deprived of the custody and care of
The basis for altering the decision of the father must children except for cause
however rest on substantial, important and serious In custody cases, the childs best interest, which
ground for the paramount interest of the children constitutes the cardinal principle and the
paramount consideration , is the guiding principle
Obligations of the children under Art. 357 of the 1950
Civil Code which is still effective: (every child shall) A habeas corpuswhere the question of identity is
a. Obey and honor his or her parents or guardian relevant and material
b. Respect his or her grandparents, old relatives, and a. can be availed of to secure the custody of a child in case
persons holding substitute parental authority the parents are separated from each other
c. Exert his utmost for his or her education and training b. is a proper remedy to enable parents to regain custody of
a child even though the latter be in the custody of a third
d. Cooperate with the family in all matters that make for the
person
good of
Decisions of the courts, even the SC, on the custody of
the same
minor children are always open to adjustments as the
circumstances relevant to the matter may demand in
212. In case of absence or death of either parent, the ht light of the inflexible criterion, namely, the
parent present shall continue exercising parental authority. paramount interest of the children
The marriage of the surviving parent shall not affect the A compromise judgment has the force of res judicata
parental authority over the children, unless the court between the parties and should not be disturbed
appoints another person to be the guardian of the person except for vices of consent or forgery
or property of the children
The new spouse, by virtue of his or her marrying the 214. In case of death, absence or unsuitability of the
surviving parent, does not automatically possess parents, substitute parental authority shall be exercised by
parental authority over the children of the surviving the surviving grandparent. In case several survive, the one
parent unless such new spouse adopts the children designated by the court, taking into account the same

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consideration mentioned in the preceding article, shall a. Have all the rights of the parents (Art. 220)
exercise the authority. b. Have the same authority over the person of the child as
the parents
215. No descendant shall be compelled, in a criminal (Art. 233)
case, to testify against his parents and grandparents, c. Be civilly liable for the injuries and damages caused by
except when such testimony is indispensable in a crime, the acts or omissions of the unemancipated children living
against the descendant or by one parent against the other in their company and under their parental authority (Art.
221)
The reason for the privilege is to foster family unity and The order established is not mandatory because it is
tranquility except when the testimony is the paramount interest of the child which must be
indispensable in a crime against the descendant or by the basis of the custody and care
one parent against the othera child who was raped
by his father-
The provision is corollary to marital privilege where 217. In case of foundlings, abandoned, neglected or
the belief is that the husband and the wife are abused children and other children similarly situated,
considered as but one person parental authority shall be entrusted in summary
The spouses can testify against each other in a proceedings to heads of childrens homes, orphanages and
a. civil case by one against the other similar institutions duly accredited by the proper
b. criminal case for a crime committed by one against the government agency.
other Foundlinga newborn child abandoned by its parents
who are unknown
Abandoned childone who has no proper parental care
Chapter 2 SUBSTITUTE AND SPECIAL PARENTAL or guardianship, or whose parents or guardians have
AUTHORITY deserted him for a period of at least 6 continuous
months
216. In default of parents or a judicially appointed Neglected childone whose basic needs have been
guardian, the following persons shall exercise substitute deliberately unattended or inadequately attended
parental authority over the child in the order indicated: Neglect may occur in two ways:
a. Physical neglectwhen the child is malnourished, ill clad
i. Surviving grandparent, as provided in Art. 214
and without proper shelter
ii. Oldest brother or sister, over 21 years of ages, unless unfit b. Emotional neglect exists when children are:
or disqualified 1. maltreated, raped or seduced
iii. Childs actual custodian, over 21 years of age, unless unfit 2. exploited, overworked or made to work under conditions
or disqualified not conducive to good health
3. made to beg in the streets or public places
Whenever the appointment of a judicial guardian over 4. in moral danger, or exposed to gambling, prostitution or
the property of the child becomes necessary, the same other vices
order of preference shall be observed Abused childcomes within the definition of the second
Persons exercising substitute parental authority shall: kind of neglected child
Dependent childdependent upon the public for support
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a. one who is without a parent, guardian or custodian Special parental authoritycan be exercised only over
b. one whose parent, guardian or other custodian for good minors while under their supervision, instruction or
cause desires to be relieved of his care and custody custody
No private person, natural or juridical, shall establish, The teacher must be the teacher-in-charge
temporarily or permanently, any child welfare agency Being in custodythe protective and supervisory
without first securing a license from the Dept. of Social custody that the school and its head and teachers
Welfare exercise over the pupils and students for as long as
o Such license shall not be transferable and shall be used they are in attendance in the school, including recess
only by the person or institution to which it was issued at
the place stated therein 219. Prinpally and solidarily liable
o No license shall be granted unless the purpose or function those given authority and responsibility under Art. 218 for
of the agency is clearly defined and stated in writing the damages caused by the acts or omissions of the
Transfer of legal or parental authority over the child can unemancipated minor
be:
shall not apply if it is proved that they exercised the proper
a. Voluntarythe parent or guardian of a dependent,
abandoned or neglected child may voluntarily commit or diligence required under the particular circumstances
surrender him in writing to the Dept. of Social Welfare or
any duly licensed child-placement agency or individual Subsidiarily liable
b. Involuntary the Dept. of Social Welfare Secretary or his parents, judicial guardians or the persons exercising
authorized representative or any duly-licensed child- substitute parental authority
placement agency having knowledge of a child who All other cases not covered by this and the preceding
appears to be dependent, abandoned or neglected, may
articles shall be governed by the provisions of the Civil
file a verified petition to the proper court for involuntary
commitment of said child to the care of any duly licensed Code on quasi-delicts
child-placement agency Those with subsidiary liability will only be liable if the
persons with special authority cannot satisfy their
218. The school, its administrators and teachers, or the liability
individual, entity or institution engaged in child care shall The Court is not disposed to expect from the teacher
have special parental authority and responsibility over the the same measure of responsibility imposed on the
parent, for their influence over the child is not equal
minor child while under their supervision, instruction or
in degree
custody.
Art. 2180 of the Civil Code provides that teachers or
heads of establishments of arts and trades shall be
Authority and responsibility shall apply to all authorized liable for damages caused by their pupils and
activities whether inside or outside the premises of the students or apprentices so long as they remain in
school, entity or institution. their custody
Persons and entities given by law special o This applies if the students, pupils or apprentices are
parental authority: o School, its administrators not anymore
and teachers o Individual, entity or institution minor children
engaged in child care
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Chapter 3 EFFECT OF PARENTAL AUTHORITY UPON Whenever proper, parents shall allow the child to
THE PERSONS OF participate in the discussion of family affairs,
especially in matters that particularly concern him
THE CHILDREN If the child is gifted, his parents shall report this fact
to the National Center for Gifted Children or to other
220. The parents and those exercising parental authority agencies concerned so that official assistance or
shall have with respect to their unemancipated children or recognition may be extended to him
wards the following rights and duties: They may inflict a reasonable measure of corporal
punishment A child who voluntarily abandons the
i. To keep them in their company, to support, educate and
parents home for the purpose of seeking its fortune in
instruct them by right precept and good example, and to the world or to avoid parental discipline and restraint,
provide for their upbringing in keeping with their means; that child forfeits the claim to support
ii. To give them love and affection, advice and counsel, Art. 356 of the 1950 Civil Code provides the rights of
companionship and understanding; the children:
iii. To provide them with moral and spiritual guidance, a. Entitled to parental care
inculcate in them honesty, integrity, self-discipline, self- b. Shall receive at least elementary education
reliance, industry and thrift, stimulate their interest in civic c. Shall be given moral and civic training by the parents or
affairs, and inspire in them compliance with the duties of guardian
citizenship; d. Has a right to live in an atmosphere conducive to his
iv. To furnish them with good and wholesome educational physical, moral and intellectual development
materials, supervise their activities, recreation and PD 603 or the Child Youth Welfare Code also provides
association with others, protect them from bad company, for the rights of the child
and prevent them from acquiring habits detrimental to
their health, studies and morals; 221. Parents and other persons exercising parental
v. To represent them in all matters affecting their interests; authority shall be civilly liable for the injuries and damages
caused by the acts or omissions of their unemancipated
vi. To demand from them respect and obedience;
children living in their company and under their parental
vii. To impose discipline on them as may be required under the authority subject to the appropriate defenses provided by
circumstances; and law
viii. To perform such other duties as are imposed by law upon For liability on the part of the parents to attach, the
parents and guardians. unemancipated child must be living in their company
The relationship between parents and their minor and under their parental authority
children naturally gives rise to various rights and This principle is a species ofvacarious liability or the
obligations affecting the welfare of, and the parents doctrine of
control over, the child imputed intelligencewhere a person is not only
Art. 46 of the Child Youth Welfare Code enumerates 8 liable for torts committed by himself, but also for
duties of the parents toward their children with an torts committed by other with whom he has a certain
additional duty from Art. 225 relationship and for whom he is responsible

RA Salanga 1-A Persons and Family Relations Page 60 of 77


The legislature has elected to limit extra-contractual
liability to cases in which moral culpability can be However, if in the same proceeding the court finds the
directly imputed to the persons to be charged petitioner at fault, irrespective of the merits of the petition,
or when the circumstances so warrant, the court may also
222. The courts may appoint a guardian of the childs order the deprivation or suspension of parental authority or
property, or a guardian ad litem when the best interests of adopt such other measures as it may deem just and proper
the child so require
Guardiana person who acts for another 224. The measures referred to in the preceding article
Warda person whom the law regards as incapable of may include the commitment of the child for not more than
managing his own affairs thirty days in entities or institutions engaged in child care
Guardians ad litemofficers of the court in a limited or in children's homes duly accredited by the proper
sense, and the office of such guardian is to represent government agency.
the interest or the incompetent or the minor
Appointment of a guardian ad litem is addressed to the
sound discretion of the court and designed to assist The parent exercising parental authority shall not interfere
the court in the determination of the best interest of with the care of the child whenever committed but shall
the child provide for his support. Upon proper petition or at its own
In determining the selection of a guardian, the court may instance, the court may terminate the commitment of the
consider the: child whenever just and proper
a. Financial situation
b. Business acumen Chapter 4 EFFECT OF PARENTAL AUTHORITY UPON
c. Physical condition THE PROPERTY OF
d. Morals, character and conduct
e. Present and past history of a prospective appointee THE CHILDREN
f. Probability of his being able to exercise the powers and
duties of guardian for the full period during which 225. Father and mother
guardianship will be necessary Jointly exercise legal guardianship over the property of
A court cannot appoint a guardian who is not their unemancipated common child without the
personally subject to its jurisdiction necessity of a court appointment.
o In case of disagreement, the fathers decision shall
223. The parents or, in their absence or incapacity, the prevail, unless there is a judicial order to the
individual, entity or institution exercising parental contrary
authority, may petition the proper court of the place where
Where the market value of the property or annual
the child resides, for an order providing for disciplinary
income of the child exceeds P50,000
measures over the child. The child shall be entitled to the
assistance of counsel, either of his choice or appointed by The parent concerned shall be required to furnish a
the court, and a summary hearing shall be conducted bond in such amount as the court may determine
wherein the petitioner and the child shall be heard. o But not less than 10% of the value of the property or
annual income
RA Salanga 1-A Persons and Family Relations Page 61 of 77
o To guarantee the performance of the obligations prescribed usufruct and administration of the property thus inherited
for by his children.
general guardians The committee considers P50,000 as the amount when
the property is valuable enough to require a bond on
A verified petition for approval of the bond shall be
the basis of the current valuation, considering the
filed in the possible abuse by the parents and the expensiveness
a. proper court of the place where the child resides of the bond
b. if the child resides in a foreign country, in the proper court Giving such bond is a condition or qualification
of place where the property or any part thereof is situated precedent to the vesting of the authority to
The petition shall be docketed as a summary special administer
proceeding in which all incidents and issues regarding the Any act done without or before the giving of the bond is
performance of the obligations referred to in the second a nullity
paragraph of this Article shall be heard and resolved The purpose of the bond is to guarantee the
performance of the obligations prescribed for general
The ordinary rules on guardianship shall be merely
guardians
suppletory except when the child is under substitute The parents authority over the estate of the ward as a
parental authority, or the guardian is a stranger, or a legal guardian would not extend to acts of
parent has remarried, in which case the ordinary rules on encumbrance or disposition, as distinguished from
guardianship shall apply acts of management or administration
there is no more need for a judicial court order A guardian has no authority to sell real estate of his
appointing the parents as guardians ward, merely by reason of his general powers, and in
regardless of the value of the unemancipated childs the absence of any special authority to sell conferred
property, the father and the mother ipso jure become by will, statute, or order of the court
the legal guardian of the childs property A sale of the wards realty by the guardian without
two cases where a parent cannot be the administrator authority from the court
of the property of his or her children: Guardianship proceeding:
a. Art. 923 of the Civil Code a. the rules on guardianship are suppletoryif the
Children and descendants of the person guardian are the parents
disinherited shall take his or her place and shall b. the ordinary rules on guardianship shall applyif
preserve the rights of compulsory heirs with respect the child is under
to the legitime, but the disinherited parent shall not 1. substitute parental authority
have the usufruct or administration of the property 2. the guardian is a stranger
which constitutes the 3. a parent has remarried
legitime
b. Art. 1035 of the Civil Code If the person excluded from 226. The property of the unemancipated child
the inheritance by reason of incapacity should be a child a. earned or acquired with his work or industry
or descendant of the decedent and should have children
or descendants, the latter shall acquire his right to the b. by onerous or gratuitous title
legitime. The person so excluded shall not enjoy the shall belong to the child in ownership

RA Salanga 1-A Persons and Family Relations Page 62 of 77


shall be devoted exclusively to the latter's support and relationship
education, unless the title or transfer provides otherwise. Allowancerefers to a family relation
The right of the parents over the fruits and income of the in wholeentire proceeds; in partallowance
child's property shall be limited Chapter 5 SUSPENSION OR TERMINATION OF
a. primarily to the child's support PARENTAL AUTHORITY
b. secondarily to the collective daily needs of the family
If the childs property is more than sufficient to 228. Parental authority terminates permanently:
maintain the said child, the said properties may be a. Upon the death of the parents;
used to defray the collective needs of the family b. Upon the death of the child; or
c. Upon emancipation of the child
227. If the parents entrust the management or A child is emancipated upon reaching the age of
administration of any of their properties to an majority which is 18 years
unemancipated child Emancipationterminates parental authority over the
the net proceeds of such property shall belong to the person and property of the child and he or she is
owner hereby qualified to do all acts of civil life save for
the child shall be given a reasonable monthly allowance exceptions established by existing laws in special
cases
in an amount not less than that which the owner would
Effects of Art. 228:
have paid if the administrator were a stranger, unless the
1. Parental authority is terminated permanently
owner, grants the entire proceeds to the child
the events happen with no fault on the part of the
In any case, the proceeds thus given in whole or in part parents
shall not be 2. Parental authority cannot be revived
charged to the child's legitime.
Parents who have engaged their unemanicipated 229. Unless subsequently revived by a final judgment,
children to take care of their properties, shall only be parental authority also terminates:
entitled to the net fruits of the properties so managed Effects of Art. 229:
The unemancipated child shall first be given a o Termination is not permanent o Parental authority
monthly reasonable allowance taken from the gross can be revived by court order Revival is allowed
proceeds of the property for the said month because the grounds are events without the fault
All other expenses of the administration and of the parents or with the fault of the parents but
management of the property shall be taken from the without malice
proceeds a. Upon adoption of the child;
The balance left shall be considered the net proceeds Art. 229 will not apply in cases where the biological
parent is the spouse of the adopter, wherein
which will go to the parents
o All legal ties between the biological parent and
Exception to all the rules is when the parent-owner
the adoptee shall be severed and the same shall
just decides to grant the entire proceeds to the child then be vested on the adopter upon the finality
Compensationrefers to an employer-employee of a judicial adoption decree
RA Salanga 1-A Persons and Family Relations Page 63 of 77
The adoptee shall be considered the legitimate A separate case can be filed using the judicial
son/daughter of the adopter/s for all intents declaration of absence or incapacity to terminate
and purposes and as such is entitled in all the parental authority
rights and obligations provided by law to
legitimate sons/daughters born to them without 230. Parental authority is suspended upon conviction of
discrimination of any kind the parent or the person exercising the same of a crime
In case the adoption decree is rescinded which carries with it the penalty of civil interdiction. The
a. such rescission shall extinguish all reciprocal rights and authority is automatically reinstated upon service of the
obligations between the adopters and the adopted child penalty or upon pardon or amnesty of the offender.
b. the parental authority of the adoptees biological parent,
Civil interdictionan accessory penalty imposed o
if known, or the legal custody of the DSWD, if the adoptee
is still a minor or incapacitated, shall be restored Involves the deprivation of the offender, during the
time of his/her sentence, of the rights of
b. Upon appointment of a general guardian;
i. Parental authority ii. Guardianship, either as to
Guardian appointed by the court shall have the the person or property of any ward iii.
a. care and custody of the person of his or her ward Marital authority iv. To manage his property
b. management of his or her estate v. To dispose of such property by any act or
c. Upon judicial declaration of abandonment of the child in a conveyance inter vivos
case filed for the purpose; There is no judicial declaration of civil interdiction and
Abandonment this ground is distinct because there is automatic
a. means neglect or refusal to perform the natural and legal revival of parental authority once the sentence is
obligation of care and support which parents owe to their served or upon pardon or amnesty of the offender
children Civil interdiction results in termination of parental
b. imports any conduct on the part of the parent which authority, which can be revived without a need of a
evinces a settled purpose to forego all parental duties and court order
relinquish all parental claims to the child
a case filed for the purposea judicial decision 231. The court in an action filed for the purpose in a
arising from a case precisely filed for the related case may also suspend parental authority if the
declaration of abandonment parent or the person exercising the same:
d. Upon final judgment of a competent court divesting The suspension or deprivation can be judicially decreed
the party concerned of parental authority; or in a case specifically filed for that purpose or in a
The court may divest the parents of their parental related case
authority over their children if the welfare of the in a related caseoff-shoot of an incident or a
children demands collateral pronouncement in another case; an
A decree of termination must be issued only upon independent or collateral proceeding
clear, convincing and positive proofs a. Treats the child with excessive harshness or cruelty;
e. Upon judicial declaration of absence or incapacity of Parents have the duty to discipline their children
the person exercising parental authority which authorizes them to inflict some form of
corporal punishment, the same should not be
excessive
RA Salanga 1-A Persons and Family Relations Page 64 of 77
Parents should not treat their children with cruelty Parental authority cannot be revived if the parents or
whether or not they have any ostensible reason to the persons exercising parental authority are found
do so to have subjected the child or allowed him/her to be
b. Gives the child corrupting orders, counsel or example; subjected to sexual abuse
Parents have the duty to provide the children with If it is the parents who entrust the child in such acts,
moral and spiritual guidance, inculcate in them he/she may be deprived, temporarily or perpetually,
honesty, integrity and selfdiscipline and stimulate in the discretion of the court, of their parental
in them in their interest in civil affais authority and shall be punished by the penalty of
c. Compels the child to beg; or prision correccional in its minimum and medium
periods and a fine not exceeding P500
Destroys the potential of the child to be a productive
citizen of the country
Parents have the duty to inculcate in the children 233. The person exercising substitute parental authority
self-reliance through lawful activities shall have the same authority over the person of the child
d. Subjects the child or allows him to be subjected to acts of as the parents.
lasciviousness In no case shall the school administrator, teacher of
A parent subjecting his/her children to acts of individual engaged in child care exercising special
lasciviousness manifests a perverse, morally parental authority inflict corporal punishment upon
depraved and highly repugnant attitude the child
destructive of the well-being of the children and Corporal punishmentinfliction of physical disciplinary
the family measures to a student
The grounds enumerated are deemed to include cases o This is absolutely prohibited under the Family Code
which have resulted from culpable negligence of the Only persons exercising special parental authority
parent or the person exercising parental authority cannot inflict corporal punishment
If the degree of seriousness so warrants, or the welfare of While a teacher may be administratively or civilly
the child so demands, the court shall deprive the guilty liable, it has been held that where there was no
party of parental authority or adopt such other measures criminal intent on the part of the teacher
as may be proper under the circumstances to inflict physical injuries, he/she cannot be held
feloniously liable for the criminal offense
The suspension or deprivation may be revoked and the
Aside from the termination of parental authority for an
parental authority revived in a case filed for the purpose or erring or abusive parent, the state has provided laws
in the same proceeding if the court finds that the cause which make it a crime for parents to seriously
therefor has ceased and will not be repeated mistreat their children
o Art. 59 of PD 603 provides for the ground where the
232. If the person exercising parental authority has parents may be held criminally liable for mistreating their
subjected the child or allowed him to be subjected to children and for the penalty of imprisonment from 2 or 6
sexual abuse, such person shall be permanently deprived months or a fine not exceeding P500, or both, at the
by the court of such authority discretion of the Court, unless a higher penalty is
provided for in the RPC or special laws, without prejudice
A serious a act of moral depravity and corruption
to actions for involuntary commitment of the child

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On June 17, 1992, Pres. Aquino approved RA 7160, 2nd and 3rd paragraphs of Art. 2180 of the Civil Code. (as
otherwise known as the Special Protection of amended by RA 6809)
Children Against Child Abuse, save the exceptions established by existing laws in
Exploitation and Discrimination Act special cases provides to take care of the
parents tort liability even if the child is
emancipated but below 21 years of age
TITLE X EMANCIPATION AND AGE OF MAJORITY Source of confusion for the last paragraph:
The liability of parents under Art. 2180(2) attaches
234. Emancipation takes place by the attainment of only in case where the minor children live in
majority. Unless otherwise provided, majority commences their company. A minor under the Civil Code was
at the age of 18 years. (as amended by RA 6809) considered to be a person below 21 years of age.
Marriage is not anymore a ground for emancipation Following the Elcano ruling, even if the minor
because a person who decides to get married is becomes emancipated, the parents can still be liable
necessarily at least 18 years of age under Art. 2180(2) because Art. 399 provides that
Upon emancipation, he/she may now sue or be sued such minor, though emancipated, cannot sue or be
without the assistance of the father, mother or sued without the assistance of the parents.
guardian Under the present Family Code, there is no provision
similar to Art. 399. The link therefore for liability on
the part of the parents to attach even if the children
235. Repealed by RA 6809
are emancipated is not anymore present. In this
regard, the last paragraph of Art. 236 appears to
236. Emancipation for any cases shall terminate parental have no basis for referring the duty or
authority over the person and property of the child who responsibility of parents and
shall then be qualified and responsible for all acts of civil guardians and wards below 21 years old
life, save the exceptions established by existing laws in Applicability of the last paragraph:
special cases. a. Parents
Contracting marriage shall require parental consent until o The father and, in case of his death or incapacity,
the age of 21 the mother, are responsible for the damages
This does not make parental consent an essential nor caused by the children between
a formal requirement of marriage in the sense that 18 and 21 who live in their company
its absence will render the marriage void b. Guardiansliable for damages if the said persons
o because the capacity to act is already full, meaning are under their authority and live in their
a person can enter into any agreement with legal company
effect In Elcano ruling, the liability of parents for the acts or
However, absence of parental consent will render the omissions of their emancipated children living in
marriage annullable under Art. 45 their custody is subsidiary, then the same subsidiary
Nothing in this Code shall be construed to derogate from liability should apply under the last par. of Art.
the duty or responsibility of parents and guardians for 236
children and wards below 21 years of age mentioned in the
RA Salanga 1-A Persons and Family Relations Page 66 of 77
237. Repealed by RA 6809
240. Claims for damages by either spouse, except costs
of the proceedings, may be litigated only in a separate
action
A claim for damages usually entails a lengthy process, the
TITLE XI SUMMARY JUDICIAL PROCEEDINGS IN THE law provides that damages, except costs of the
FAMILY LAW proceedings, may be litigated only in a separate action

241. Jurisdiction over the petition shall, upon proof of


Chapter 1 SCOPE OF APPLICATION notice to the other spouse, be exercised by the proper
court authorized to hear family cases, if one exists, or in
238. Until modified by the Supreme Court, the procedural the regional trial court or its equivalent sitting in the place
rules provided for in this Title shall apply in all cases where either of the spouses resides.
provided for in this Code requiring summary court RA 8369, otherwise known as the Family Courts Act of
proceeding. Such cases shall be decided in an expeditious 1997, established the family courts which are
manner, without regard to technical rules. exclusively tasked to take cognizance of family cases
such as
a. custody of children
Chapter 2 SEPARATION IN FACT BETWEEN HUSBAND b. annulment or nullity cases
AND WIFE c. adoption
d. termination of parental authority
239. When a husband and wife are separated in fact, or
one has abandoned the other and one of them seeks 242. Upon the filing of the petition, the court shall notify
judicial authorization for a transaction where the consent the other spouse, whose consent to the transaction is
of the other spouse is required by law but such consent is required, of said petition, ordering said spouse to show
withheld or cannot be obtained, a verified petition may be cause why the petition should not be granted, on or before
filed in court alleging the foregoing facts. the date set in said notice for the initial conference. The
An unverified petition cannot be given consideration by notice shall be accompanied by a copy of the petition and
the court shall be served at the last known address of the spouse
The petition shall attach the proposed deed, if any, concerned
embodying the transaction, and, if none, shall describe Once the petition is filed, due process requires that the
in detail the said transaction and state the reason why other party shall be given the chance to comment on
the required consent thereto cannot be secured. In any the petition and to show cause why the petition
case, the final deed duly executed by the parties shall should not be granted
be submitted to and approved by the court. The responded likewise may nevertheless manifest
The approval of the court shall protect the transacting his/her agreement in which case the suit shall
spouse and third persons who are directly affected by become moot and academic
the transaction
RA Salanga 1-A Persons and Family Relations Page 67 of 77
243. A preliminary conference shall be conducted by the to be heard and the subject-matter of their testimonies,
judge personally without the parties being assisted by directing the parties to present said witnesses.
counsel. After the initial conference, if the court deems it
useful, the parties may be assisted by counsel at the 247. The judgment of the court shall be immediately final
succeeding conferences and hearings and executor
Preliminary conferenceaimed at having the parties A decision becomes final and executor after the lapse of 15
settle amicably their differences on the transaction days from the time the parties receive a copy of the
involved so that the judicial proceedings can be decision
further shortened Without an injunction from the higher court, the
During initial conference, the parties will not be decision can be executed even if it is pending in the
assisted by counsel where the judge will conduct the said higher court
proceedings personally
However, if the judge finds out that the issues are 248. The petition for judicial authority to administer or
complicated and that any of the spouses does not encumber specific separate property of the abandoning
really have a complete understanding of the
spouse and to use the fruits or proceeds thereof for the
transaction and its consequences, lawyers may be
allowed to assist the parties in the next hearings support of the family shall also be governed by these rules
Art. 248 refers to par. 3 of both Articles 100 and 127
244. In case of non-appearance of the spouse whose which essentially provides that the separation in fact
between husband and wife shall not affect either the
consent is sought, the court shall inquire into the reasons
ACP or the CPG except that, among others, in the
for his failure to appear, and shall require such absence of sufficient community or conjugal property,
appearance, if possible the separate property of both spouses shall be
solidarily liable for the support of the family
245. If, despite all efforts, the attendance of the non- The spouse present shall, upon petition in a summary
consenting spouse is not secured, the court may proceed proceeding, be given judicial authority to administer
ex parte and render judgment as the facts and or encumber any specific separate property of the
circumstances may warrant. In any case, the judge shall other spouse and use the fruits or proceeds
endeavor to protect the interests of the non-appearing thereof to satisfy the latters share
spouse
Judgment will be rendered on the basis of the facts and
evidence presented Chapter 3 INCIDENTS INVOLVING PARENTAL
The judge may grant or deny the petition AUTHORITY

246. If the petition is not resolved at the initial 249. Petitions filed under Articles 223, 225 and 235 of this
conference, said petition shall be decided in a summary Code involving parental authority shall be verified
hearing on the basis of affidavits, documentary evidence Art. 223a case seeking a court order providing for
or oral testimonies at the sound discretion of the court. If disciplinary measures over the child
testimony is needed, the court shall specify the witnesses

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Art. 225a case for the approval of the bond required Art. 41---judicial declaration of a spouse as
of parents who exercise parental authority over the presumptively dead
property of their children Art. 51an action of a child for the delivery of his/her
Art. 235a case on emancipation has already been presumptive legitime
repealed by RA Art. 69judicial determination of the family domicile in
6809 case of disagreement of the spouses
Art. 73court adjudication of the validity of a spouses
250. Such petitions shall be verified and filed in the objection to the profession of the other spouse
proper court of the place where the child resides Art. 217court order entrusting foundlings,
The venue of the case shall be the court of the place abandoned, neglected or abused children and other
where the child resides for the benefit and children similarly situated to heads of childrens
convenience of the child homes, orphanages and similar institutions duly
accredited by the proper government agency
Articles 96 and 124annulment of the husbands
251. Upon the filing of the petition, the court shall notify
decision in the administration and enjoyment of the
the parents or, in their absence or incapacity, the community or conjugal property
individuals, entities or institutions exercising parental
in case the husbands decision is in conflict with the
authority over the child wifes decision
The court must undertake everything possible for the
benefit of the child and must issue decisions having
the paramount interest of the child as the inflexible TITLE XII FINAL PROVISIONS
criterion
254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of
252. The rules in Chapter 2 hereof shall also govern Republic Act No. 386, otherwise known as the Civil Code of
summary proceedings under this Chapter insofar as they the Philippines, as amended, and Articles 17, 18, 19, 27,
are applicable 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree
The proceedings in the court cases referred to in No. 603, otherwise known as the Child and Youth Welfare
Articles 223 and 225 shall likewise be summary in Code, as amended, and all laws, decrees, executive orders,
nature for the benefit of the child proclamations, rules and regulations, or parts thereof,
inconsistent herewith are hereby repealed.
Chapter 4 OTHER MATTERS SUBJECT TO SUMMARY The Family Code is intended to be the principal law
PROCEEDINGS that shall govern family relations
For the implied repeal to operate, those enumerated
above, there must be a substantial irreconcilable
253. The foregoing rules in Chapters 2 and 3 hereof shall conflict in connection with the provisions found in
likewise govern summary proceedings filed under Articles existing and prior acts with those of Family Code
41, 51, 69, 73, 96, 124 and
217, insofar as they are applicable 255. If any provision of this Code is held invalid, all the
other provisions not affected thereby shall remain valid
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The provisions in the Family Code are separable in the 2. Descendants in the nearest degree
sense that invalidity of one provision will not the oldest shall be preferred
necessarily invalidate the whole law 1. Ascendants in the nearest degree
However, invalidity of a particular provision necessarily the paternal shall have a better right
invalidates those other provisions which are affected
by the said invalidity 1. Brothers and sisters
the oldest shall be preferred
256. This Code shall have retroactive effect insofar as it
does not prejudice or impair vested or acquired rights in 306. Every funeral shall be in keeping with the social
accordance with the Civil position of the deceased.
Code or other laws The kind of funeral is the last manifestation of the kind of
Vested right life which the deceased has attained
a. an immediate fixed right of present and future payment
b. a right which is fixed, unalterable, absolute, complete and 307. The funeral shall be in accordance with the
unconditional to the exercise of which no obstacle exists, expressed wishes of the deceased.
and which is perfect in itself and not dependent upon a
contingency In the absence of such expression, his religious beliefs or
affiliation shall determine the funeral rites.
257. This Code shall take effect one year after the
completion of its publication in a newspaper of general In case of doubt, the form of the funeral shall be decided
circulation, as certified by the Executive Secretary, Office upon by the person obliged to make arrangements for the
of the President. same, after consulting the other members of the family.
Publication shall likewise be made in the Official Gazette.
The publication of the Family Code of the Philippines, 308. No human remains shall be retained, interred,
in the Manila Chronicle, a newspaper of general disposed of or exhumed without the consent of the
circulation, was completed on Aug. 4, 1987. persons mentioned in articles 294 and 305.
Hence, the said Code took effect on Aug. 3, 1988 Again, Art. 294 is repealed by Art. 199
Any undertaking that would, in a way, disturb the
dead must be with the consent of those who will be
TITLE X FUNERALS
greatly affected

305. The duty and the right to make arrangements for the 309. Any person who shows disrespect to the dead, or
funeral of a relative wrongfully interferes with a funeral shall be liable to the
shall be in accordance with the order established for family of the deceased for damages, material and moral.
support, under Art. 294
Art. 294 is repealed by Art. 199 which provides the 310. The construction of a tombstone or mausoleum shall
following order: be deemed a part of the funeral expenses, and shall be
1. Spouse
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chargeable to the conjugal partnership property, if the 2. Puericulture and similar centers;
deceased is one of the spouses. 3. Councils for the Protection of Children; and 4. Juvenile
courts.

TITLE XII CARE AND EDUCATION OF CHILDREN 360. The Council for the Protection of Children shall look
after the welfare of children in the municipality. It shall,
356. Every child: among other functions:
1. Is entitled to parental care; 1. Foster the education of every child in the municipality;
2. Shall receive at least elementary education; 2. Encourage the cultivation of the duties of parents;
3. Shall be given moral and civic training by the parents or 3. Protect and assist abandoned or mistreated children, and
guardian; orphans;
4. Has a right to live in an atmosphere conducive to his 4. Take steps to prevent juvenile delinquency;
physical, moral and intellectual development. 5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds
357. Every child shall:
7. Coordinate the activities of organizations devoted to the
1. Obey and honor his parents or guardian; welfare of children, and secure their cooperation.
2. Respect his grandparents, old relatives, and persons
holding substitute parental authority; 361. Juvenile courts will be established, as far as
3. Exert his utmost for his education and training; practicable, in every chartered city or large municipality.
4. Cooperate with the family in all matters that make for the
good of the same. 362. Whenever a child is found delinquent by any court,
the father, mother, or guardian may in a proper case be
358. Every parent and every person holding substitute judicially admonished.
parental authority shall see to it that the rights of the child
are respected and his duties complied with, and shall 363. In all questions on the care, custody, education and
particularly, by precept and example, imbue the child with property of children the latter's welfare shall be
high-mindedness, love of country, veneration for the paramount. No mother shall be separated from her child
national heroes, fidelity to democracy as a way of life, and under seven years of age, unless the court finds
attachment to the ideal of permanent world peace. compelling reasons for such measure.
USE OF SURNAMES
359. The government promotes the full growth of the
A persons name is the designation by which he is known
faculties of every child. For this purpose, the government
and called in the community in which he lives and is
will establish, whenever possible: best known
1. Schools in every barrio, municipality and city where Name
optional religious instruction shall be taught as part of the o word or combination of words by which a person is
curriculum at the option of the parent or guardian; distinguished from other individuals

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o label or appellation which he bears for the convenience of no legal obstacle if a legitimate or legitimated child
the world at large addressing him, or in speaking of or should choose to use the surname of the mother to
dealing with him which it is equally entitled
o both personal as well as public interest that every person
must have a name 365. An adopted child shall bear the surname of the
Two parts of the name of an individual: adopter.
1. Given or proper name
Given to the individual at birth or at baptism, to 366. A natural child acknowledged by both parents shall
distinguish him from other individuals principally use the surname of the father. If recognized by
May be freely selected by the parents of the child only one of the parents, a natural child shall employ the
2. Surname or family name surname of the recognizing parent. 367. Natural children
Identifies the family to which he belongs and is continued by legal fiction shall principally employ the surname of the
from parent to child father.
Fixed by law
3. Middle names 368. Illegitimate children referred to in Article 287 shall
Serve to identify the maternal lineage or filiation of a bear the surname of the mother.
person
To further distinguish him or her from others who may 369. Children conceived before the decree annulling a
have the same given name and surname as he or she has voidable marriage shall principally use the surname of the
Characteristics of a name: father.
1. Absolute, intended to protect the individual from being
confused with others
2. Obligatory in some respects, for nobody can be without a 370. A married woman may use:
name 1. Her maiden first name and surname and add her
3. Fixed, unchangeable or immutable, at least at the start, husband's surname, or
and maybe changed only for good cause and by judicial 2. Her maiden first name and her husband's surname or
proceedings 3. Her husband's full name, but prefixing a word indicating
4. Outside the commerce of man, and therefore inalienable that she is his wife, such as "Mrs."
and intransmissible by act inter vivos or mortis causes Art. 370 is directory and permissive in character because
5. Imprescriptible when a woman gets married, she does not change her
name but only her civil status
The use of surname is a fundamental right
TITLE XIII USE OF SURNAMES
Four alternatives in the use of name of a married woman:
(Corazon Cojuangco married to Benigno Aquino, Jr.)
364. Legitimate and legitimated children shall principally 1. Corazon Cojuangco
use the surname of the father. 2. Corazon Cojuangco-Aquino
The SC ruled that the worked principally used in Art. 3. Corazon Aquino 4. Mrs. Benigno Aquino, Jr.
364 is not equivalent to exclusively so that there is

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371. In case of annulment of marriage, and the wife is the
guilty party, she shall resume her maiden name and 376. No person can change his name or surname without
surname. If she is the innocent spouse, she may resume judicial authority.
her maiden name and surname. However, she may choose Repealed by RA 9048, otherwise known as An Act
to continue employing her former husband's surname, Authorizing The City Or Municipal Civil Registrar Or
unless: The Consul General To Correct A Clerical Or
1. The court decrees otherwise, or Typographical Error In An Entry And/Or Change Of
2. She or the former husband is married again to another First Name Or Nickname In The Civil Registrar
Without Need Of Judicial Order. Amending For This
person.
Purpose Articles 376 And 412 Of The Civil
Forms of name of the women when her marriage is Code Of The Philippines.
annulled: (Maria Cruz-Santos married to Juan Santos)
Sec. 4. Grounds for Change of First Name or Nickname.
1. If she is guiltyMaria Cruz
the petition for change of first name or nickname may
2. If she is innocentMaria Cruz or Maria Cruz-Santos be allowed in any of the following cases:
o The petitioner finds the first name or nickname to be
372. When legal separation has been granted, the wife ridiculous, tainted with dishonor or extremely difficult to
shall continue using her name and surname employed write or pronounce
before the legal separation. o The new first name or nickname has been habitually and
continuously used by the petitioner and he has been
373. A widow may use the deceased husband's surname publicly known by the first names or nicknames in the
as though he were still living, in accordance with Article community
370. o The change will avoid confusion
A change of name is a privilege and not a matter of right
374. In case of identity of names and surnames, the where the petitioner must show proper or reasonable
cause or any compelling reason which may justify such
younger person shall be obliged to use such additional
change
name or surname as will avoid confusion.
A change of surname is a matter of judicial discretion
Godfathers name is Juan Santos, so, the godsons name which must be exercised in the light of the reasons
should have an additional name, Juan Pedro Santos adduced and the consequences that will likely follow
Proper and reasonable causes or compelling reasons for
375. In case of identity of names and surnames between change of surname:
ascendants and descendants, the word "Junior" can be 1. A ridiculous name, a name tainted with dishonor, or a
used only by a son. Grandsons and other direct male name extremely difficult to write or pronounce
descendants shall either: 2. A change of civil status
1. Add a middle name or the mother's surname, or 3. A need to avoid confusion
2. Add the Roman Numerals II, III, and so on. 4. A sincere desire to adopt a Filipino name to erase signs of
Only the son can use the word junior a former alien nationality which unduly hamper social and
business life, in the absence of prejudice to the State or
If Juan Santos names his son after his father, Roberto
any individual
Santos, such son shall be named Roberto Santos II
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A change of name does not alter family relations, rights interested party, a relative, or a friend, may appoint a
or duties, legal capacity, civil status or citizenship person to represent him in all that may be necessary.
Publication of the petition for change of name is
essential for the court to acquire jurisdiction This same rule shall be observed when under similar
circumstances the power conferred by the absentee has
377. Usurpation of a name and surname may be the expired.
subject of an action for damages and other relief.
Usurpation of a name o Implies some injury to the 382. The appointment referred to in the preceding article
interests of the owner of the name o There is a possibility having been made, the judge shall take the necessary
of confusion between the owner and the usurper o Exists
measures to safeguard the rights and interests of the
when a person designates himself by another name
Elements of usurpation of a name: absentee and shall specify the powers, obligations and
remuneration of his representative, regulating them,
1. There is an actual use of anothers name
according to the circumstances, by the rules concerning
2. The use is unauthorized
guardians.
3. The use of anothers name is to designate personality or
identify a person
383. In the appointment of a representative, the spouse
378. The unauthorized or unlawful use of another present shall be preferred when there is no legal
person's surname gives a right of action to the latter. separation.

379. The employment of pen names or stage names is If the absentee left no spouse, or if the spouse present is a
permitted, provided it is done in good faith and there is no minor, any competent person may be appointed by the
injury to third persons. court. or if the spouse present is a minor has been
Pen names and stage names cannot be usurped. repealed by RA 6809 which lowered the emancipation
age to 18
380. Except as provided in the preceding article, no
person shall use different names and surnames. Chapter 2 DECLARATION OF ABSENCE

TITLE XIV ABSENCE 384. Two years having elapsed without any news about
the absentee or since the receipt of the last news, and five
years in case the absentee has left a person in charge of
Chapter 1 PROVISIONAL MEASURES IN CASE OF the administration of his property, his absence may be
ABSENCE declared.

381. When a person disappears from his domicile, his 385. The following may ask for the declaration of
whereabouts being unknown, and without leaving an agent absence:
to administer his property, the judge, at the instance of an 1. The spouse present;
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This can be a source for an involuntary judicial If the person dies without a will, intestate
separation of property, therefore, a basis for the proceedings will be instituted where a new
termination of absolute community property or administrator of his or her estate shall be appointed
conjugal partnership of grains 3. When a third person appears, showing by a proper
2. The heirs instituted in a will, who may present an authentic document that he has acquired the absentee's property by
copy of the same; purchase or other title. In these cases the administrator
3. The relatives who may succeed by the law of intestacy; shall cease in the performance of his office, and the
4. Those who may have over the property of the absentee property shall be at the disposal of those who may have a
some right subordinated to the condition of his death. right thereto.

Chapter 4 PRESUMPTION OF DEATH


386. The judicial declaration of absence shall not take
effect until six months after its publication in a newspaper
of general circulation. 390. After an absence of seven years, it being unknown
whether or not the absentee still lives, he shall be
presumed dead for all purposes, except for those of
Chapter 3 ADMINISTRATION OF THE PROPERTY OF succession.
THE ABSENTEE Absence from his domicile for the amount of years
specified where his existence is doubtful and may
387. An administrator of the absentee's property shall be be presumed dead
appointed in accordance with Article 383. The absentee shall not be presumed dead for the purpose
of opening his succession till after an absence of ten years.
If he disappeared after the age of seventy-five years, an
388. The wife who is appointed as an administratrix of the absence of five years shall be sufficient in order that his
husband's property cannot alienate or encumber the succession may be opened.
husband's property, or that of the conjugal partnership,
Except for the purpose of remarriage under Art. 41 of
without judicial authority.
the Family Code, there is no need for filing a case to
While the provision refers only to the wife, a husband declare that one is presumptively dead
likewise is prohibited from alienating the properties of
the wife without her consent under the Family Code
391. The following shall be presumed dead for all
purposes, including the division of the estate among the
389. The administration shall cease in any of the heirs:
following cases:
1. A person on board a vessel lost during a sea voyage, or
1. When the absentee appears personally or by means of an an aeroplane which is missing, who has not been heard
agent; of for four years since the loss of the vessel or
2. When the death of the absentee is proved and his testate aeroplane;
or intestate heirs appear; 2. A person in the armed forces who has taken part in
war, and has been missing for four years;

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3. A person who has been in danger of death under other The disposition of the inheritance of an absentee shall
circumstances and his existence has not been known benefit either his or her co-heirs or his or her own
for four years. heirs, assigns or representatives
Example: A and B are brothers. A was declared an
392. If the absentee appears, or without appearing his absentee. Their father died leaving P100k but
without a last will. B will get P50k, while A will not
existence is proved, he shall recover his property in the
get anything being an absentee but since he has a
condition in which it may be found, and the price of any son, As son will inherit the P50k originally for A by
property that may have been alienated or the property right of representation
acquired therewith; but he cannot claim either fruits or
rents. 395. The provisions of the preceding article are
understood to be without prejudice to the action of petition
for inheritance or other rights which are vested in the
Chapter 5 EFFECT OF ABSENCE UPON THE
absentee, his representatives or successors in interest.
CONTINGENT RIGHTS OF THE ABSENTEE
These rights shall not be extinguished save by lapse of
time fixed for prescription. In the record that is made in the
393. Whoever claims a right pertaining to a person whose Registry of the real estate which accrues to the coheirs,
existence is not recognized must prove that he was living the circumstance of its being subject to the provisions of
at the time his existence was necessary in order to acquire this article shall be stated.
said right.
This right to claim the inheritance by the absentee is
If a person is known to be dead and there is a also given to the absentees representatives or
controversy as to the validity of a transaction successors.
allegedly entered into by him, the person claiming However, the absentee, his or her representatives or
validity must prove that , at the time it was entered successors must file the petition within the
into, the person who entered the contract or incurred prescriptive period provided by law
the obligation was alive
If some right exists in favor of a deceased and such
396. Those who may have entered upon the inheritance
right is sought to be enforced, the individual seeking
to enforce such right must prove that the right was shall appropriate the fruits received in good faith so long
vested in favor of the deceased while the latter was as the absentee does not appear, or while his
still living representatives or successors in interest do not bring the
proper actions.
394. Without prejudice to the provision of the preceding
article, upon the opening of a succession to which an
absentee is called, his share shall accrue to his co-heirs, TITLE XVI CIVIL REGISTRY
unless he has heirs, assigns, or a representative. They
shall all, as the case may be, make an inventory of the 407. Acts, events and judicial decrees concerning the civil
property. status of persons shall be recorded in the civil register.

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408. The following shall be entered in the civil register: 1. The person himself, or any person authorized by him
1. births; 2. His or her spouse, parent or parents, direct descendants,
2. marriages; or the guardian or institution legally in charge of him or
her if he or she is a minor
3. deaths;
3. The court or proper public official whenever absolutely
4. legal separations; necessary in administrative, judicial or other official
5. annulments of marriage; proceedings to determine the identity of the childs
6. judgments declaring marriages void from the beginning; parents or other circumstances surrounding his birth
7. legitimations; 4. In case of the persons death, the nearest of kin
8. adoptions;
9. acknowledgments of natural children; 411. Every civil registrar shall be civilly responsible for
any unauthorized alteration made in any civil register, to
10. naturalization;
any person suffering damage thereby. However, the civil
11. loss, or recovery of citizenship; registrar may exempt himself from such liability if he
12. civil interdiction; proves that he has taken every reasonable precaution to
13. judicial determination of filiation; 14. voluntary prevent the unlawful alteration.
emancipation of a minor; and
15. changes of name. 412. No entry in a civil register shall be changed or
corrected, without a judicial order.
409. In cases of legal separation, adoption, naturalization Repealed by RA 9048 where there is no need of a
and other judicial orders mentioned in the preceding judicial order for changing a name because of clerical
article, it shall be the duty of the clerk of the court which or typographical errors or change in the name or
issued the decree to ascertain whether the same has been nickname of a person, but all other changes need to
registered, and if this has not been done, to send a copy of pass through a judicial proceeding
said decree to the civil registry of the city or municipality
where the court is functioning. 413. All other matters pertaining to the registration of
civil status shall be governed by special laws.
410. The books making up the civil register and all Act Numbered 3753, otherwise known as the Civil
documents relating thereto shall be considered public Registry Law, provides for the registration of
documents and shall be prima facie evidence of the facts documents evidencing acquisition or termination of a
therein contained. particular civil status such as legitimation, adoption,
change of name, marriage, termination of such
Contents of birth records, including birth certificate, marriage and others.
are confidential and cannot be revealed except when
obtained by those interested therein, namely:

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