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Civil Law Examination Reviewer

Persons and Family Relations Reference: Elmer T. Rabuya. The Law


on Persons and Family Relations
Republic Act No. 386 Publication must be in the Official Gazette or in a
June 18, 1949 newspaper of general circulation (must have a bona fide
The Civil Code of the Philippines subscriber base, published at regular intervals, and
published for dissemination of local news and general
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL information)
CODE OF THE PHILIPPINES
PRELIMINARY TITLE
15 days after its publication- effectivity is on the 15th
day after such publication
CHAPTER I 15 days following its publication- effectivity shall be
EFFECT AND APPLICATION OF LAWS on the 16th day
Publication is mandatory, even if the law provides for
Art. 1. This Act shall be known as the Civil Code of the its own effectivity and it must be published in full
Philippines. (n) Unless it is otherwise provided refers to effectivity
Code is a collection of laws of the same kind date
Civil Code is a collection of laws that regulate the 15 day period may be reduced or increased
relations of the members of society, with respect to their PDs, EOs, Administrative Rules and Regulations
rights, obligations, with reference to persons, things and (whose purpose is to enforce or implement existing
civil acts. laws pursuant to a valid degulation). Monetary Board
The first Civil Code of the Philippines was the Civil Circulars are included in laws that must be published.
Code of Spain of 1889 by Royal Decree on July 31,
1889, which became effective on December 1, 1889. It Art. 3. Ignorance of the law excuses no one from compliance
was followed by R.A. No. 386 on June 18, 1889, but therewith. (2)
does not cover all our civil laws which can be found in
other laws made by legislation Everyone is presumed to know the laws due to the
The sources of the Civil Code include: publication
The Spanish Civil Code Legal maxim ignoratia legis non excusat
Codes, Laws and Judicial decisions as well as other Covers Philippine Laws, and is limited to mandatory
laws made by jurists of other countries and prohibitive laws
Doctrine laid down by the Supreme Court Not applicable to foreign laws, and if a foreign law is
Filipino Customs and Traditions not properly pleaded and proven, it is presumed that
such law is the same as our law (doctrine of procedural
Philippine Statutes
presumption).
Code Commission However, ignorance of the fact can excuse someone
The Civil Code contains 2270 articles divided into 4 from the legal consequences of his conduct. In specific
books (I-Persons; II- Property, Ownership and its instances, mistake as to difficult legal questions has
Modifications; III- Different Modes of Acquiring been given the same effect as mistake of fact
Ownership; IV- Obligations and Contracts). However,
the Family Code repeals Articles 52-104, 311-355, 397-
406 of Book I of the Civil Code Art. 4. Laws shall have no retroactive effect, unless the
The date of effectivity of the Civil Code was one year contrary is provided. (3)
after the Official Gazette after publishing the Code for Unless provided for, laws shall have only and be
circulation, the said Codebeing released August 30, construed as having only prospective effect (lex
1949. prospicit, non respicit). Otherwise, it may cause an
arbitrary exercise of legislative power
Art. 2. Laws shall take effect after fifteen days following the Retroactive means that it shall affect transactions before
completion of their publication in the Official Gazette, or in a the law became operative
newspaper of General Circulation, unless it is otherwise
Laws that shall have retroactive effect are the following
provided. This Code shall take effect one year after such
publication. (amended by E.O. 200) Laws that provide for its own effectivity (with the
exception of the following laws)
If the law does not provide for its effectivity or is silent, Ex post facto laws (makes a previous act criminal even
the law shall take effects 15 days following the though it was not during the time it was committed)
completion of their publication

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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
When the law impairs the obligations of contracts (only The requisites of a valid waiver are: 1) must have a
laws existing at the time that the contract is executed is right that he renounces, 2) must have the capacity to
applicable thereto) make the renunciation, 3) renunciation must be made in
Exercise of Police Power to regulate or govern certain a clear and unequivocal manner
activities or contracts is an exception to this rule.
Penal laws favorable to the accused (as long as it is not Art. 7. Laws are repealed only by subsequent ones, and their
a habitual delinquent) violation or non-observance shall not be excused by disuse,
Law is procedural or remedial laws(those that do not or custom or practice to the contrary.
take away or create new vested rights) When the courts declared a law to be inconsistent with the
Curative Laws (cures defects of a prior law or validates Constitution, the former shall be void and the latter shall
legal proceedings. Instruments or acts of public govern.
authorities which would be void for want of conformity
with existing legal requirements) Administrative or executive acts, orders and regulations
shall be valid only when they are not contrary to the laws or
When the Law creates new substantive rights (as long
the Constitution. (5a)
as they are not prejudiced with another acquired right of
the same origin) Express repeals are those contained in a particular
provision of a subsequent law while implied repeals are
Art. 5. Acts executed against the provisions of mandatory or those that are incompatible with a earlier law and there
prohibitory laws shall be void, except when the law itself is no express repeal
authorizes their validity. (4a) Implied repeals are not favored because it relies on the
presumption because that the earlier and subsequent
Mandatory- commands something, Prohibitory-
laws are incompatible, there is an intent to repeal the
commands that something should not be done, earlier law. All doubts must be resolved against any
Permissive or directory- directs that something should implied repeal and that all efforts should be exerted to
be tolerated or respected harmonize and give effect to all laws on the subject
Exceptions to this rule are: The requisites of an implied repeal are: 1) the laws
When the law makes valid something that generally cover the same subject matter, 2) the latter is repugnant
should have been void to the earlier (irreconcilable inconsistency and
When the law makes the act valid, but punishes the incompatibility)
violator When there is conflict between special statute and
When the law merely makes an act voidable general laws, the special statute should prevail because
When the law declares the act void, but recognizes the it makes it legislative intent clearer than the general
legal effects arising from it law, and shall be taken as an exception to the general
law in the absence of special circumstances forcing a
contrary conclusion
Art. 6. Rights may be waived, unless the waiver is contrary If the general law is enacted before the special law, the
to law, public order, public policy, morals, or good customs, latter is considered to be the exception to the general
or prejudicial to a third person with a right recognized by law. If the special law is enacted before the general law,
law. (4a) the special law remains unless there is an express
Rights have 3 elements: the subject (can be active- declaration to the contrary, there is clear, necessary and
irreconcilable conflict, and that the general law covers
those who are entitled to demand the enforcement of
the whole subject and is clearly intended to replace the
the right; can be passive- those who are duty bound to
special law on that matter
suffer its enforcemcent) who are for persons for rights
which exist for persons only, the object which are When a law is expressly repealed, it shall be repealed
services or things; and the efficient clause which is the and shall not be revived unless expressly so provided.
fact that gives rise to legal relation. When a law is implied to be repealed, it shall be
Political rights are those that refer to the participation of repealed and shall be thereby be revived unless the
repealing law provides otherwise
individuals in the government of the state. Civil rights
include those not covered by political rights and are If laws, administrate acts, orders and regulations are
classified into rights of personality (or human rights) inconsistent with the Constitution, they shall be
and family rights which may not be waived, and considered as unconstitutional and invalid by the
patrimonial rights which may be waived, Supreme Court. The former shall be void and the latter
shall govern

2
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
General conviction that such practice corresponds to a
Art. 8. Judicial decisions applying or interpreting the laws juridical necessity or is obligatory
or the Constitution shall form a part of the legal system of The practice must not be contrary to public policy,
the Philippines. (n) morals or order

The Judicial department cannot enact laws since that is


the duty of the legislative department. Judicial decisions Art. 13. When the laws speak of years, months, days or
of the SC form part of the legal system, but they are not nights, it shall be understood that years are of three hundred
laws. sixty-five days each; months, of thirty days; days, of twenty-
The doctrine of stare decisis means that once the SC has four hours; and nights from sunset to sunrise.
laid down a law applicable to a certain set of facts in the If months are designated by their name, they shall be
case, it shall adhere to that fact and apply it to all future computed by the number of days which they respectively
cases that present the same set of facts. have.

In computing a period, the first day shall be excluded, and


Art. 9. No judge or court shall decline to render judgment the last day included. (7a)
by reason of the silence, obscurity or insufficiency of the
laws. (6) In an ordinary contract, the agreement of the parties
shall prevail
If there is no law that punishes an act, the judge shall If it refers to the period prescribed by the rules of Court,
dismiss the case as per nullum crimen, nullum poena and the last day falls on a Saturday, Sunday or legal
sine lege. holiday in the place where the Court is located, the last
Under the Old Civil Code and current Civil Cod, if the day shall be moved to the next working day.
law is silent, obscure or insufficient, the judge shall
apply the customs of the place, or the general principles
of the law in default thereof Art. 14. Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public
Art. 10. In case of doubt in the interpretation or application international law and to treaty stipulations. (8a)
of laws, it is presumed that the lawmaking body intended
right and justice to prevail. (n) Embodies one of the principles of Criminal Law-
Generality
Follows the legal maxim dura lex, sex led meaning that Exceptions to such rules are the following:
the law may be harsh and unjust but that is what is
stated or intended by the law
Treaty Stipulations
Justice outside legality applies only in cases of Laws of Preferential Application
absence of statutory or judicial rules of procedure Principles of Public International Law

Art. 11. Customs which are contrary to law, public order or Art. 15. Laws relating to family rights and duties, or to the
public policy shall not be countenanced. (n) status, condition and legal capacity of persons are binding
upon citizens of the Philippines, even though living abroad.
Customs are rules of conduct that are formed by (9a)
repetition of acts, uniformly observed as a social rule,
and legally binding and obligatory Divorce between Filipinos is not valid even if obtained
abroad
Art. 12. A custom must be proved as a fact, according to the Divorce obtained by foreigners in their country may be
rules of evidence. (n) recognized by our country provided that they are valid
The requisites for the application of customs include: under their national law
Plurality of acts, or various resolutions of a judicial When a foreigner obtains a valid divorce abroad, he is
question raised repeatedly in life no longer is the spouse of the Filipino and therefore
losses the standing to sue for adultery
Uniformity, or identity of facts or various solutions to
the judicial question
Under Art 26 of the FC, the foreign spouse can remarry
if he/she obtains a valid divorce, and the Filipino
General practice by a great mass of the social group Spouse can remarry as well if they are capacitated to do
Continued performance of these acts for a long period so.
of time
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
If there is no deficiency in abovementioned laws, then
Art. 16. Real property as well as personal property is the provisions of the Civil Code cannot apply.
subject to the law of the country where it is stipulated.
However, intestate and testamentary successions, both with CHAPTER 2
respect to the order of succession and to the amount of HUMAN RELATIONS (n)
successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national Art. 19. Every person must, in the exercise of his rights and
law of the person whose succession is under consideration, in the performance of his duties, act with justice, give
whatever may be the nature of the property and regardless everyone his due, and observe honesty and good faith.
of the country wherein said property may be found. (10a)
The damage resulting from the legitimate and valid
Under the principle of lex rei sitae, even if the real and exercise of ones rights and performance of ones duties
personal properties are involved in the matter of testate is a loss without injury based on the legal maxim
and intestate succession of a decedent, what shall damnum absque injuria.
govern is the national law of the decedent in relation to The elements of abuse of rights are:
the order of succession, amount of successional rights,
and intristie validity of the will. The national law of the There is a legal right or duty
decedent also governs tha capacity to succeed as well. Which was exercised in bad faith
The Renvoi doctrine refers to the issue when there is For the sole intent in prejudicing or injuring anothers
doubt to whether a reference to a foreign law is a
reference to the internal law of the said foreign law, or a
reference to the foreign law as a whole including its Art. 20. Every person who, contrary to law, wilfully or
conflict rules negligently causes damage to another, shall indemnify the
latter for the same.

Art. 17. The forms and solemnities of contracts, wills, and Indemnity shall be granted to the injured party if a
other public instruments shall be governed by the laws of the person abuses his rights or acts in contrary to law
country in which they are executed.
When the acts referred to are executed before the diplomatic Art. 21. Any person who wilfully causes loss or injury to
or consular officials of the Republic of the Philippines in a another in a manner that is contrary to morals, good
foreign country, the solemnities established by Philippine customs or public policy shall compensate the latter for the
laws shall be observed in their execution. damage.
Prohibitive laws concerning persons, their acts or property, The requisites for acts contra bonus mores are:
and those which have, for their object, public order, public There is an act which is legal
policy and good customs shall not be rendered ineffective by
laws or judgments promulgated, or by determinations or
But contrary to morals, good customs, public order and
conventions agreed upon in a foreign country. (11a) policy
Done with intent to injure
Under lex loci celebrationis, the forms and solemnities Mere breach of promise to marry is not a ground for
of wills, contracts, and other public instruments are compensation, except under the following
governed under the country to which they are executed circumstances
The intrinsic validity of the contract is governed by the There is deceit or fraud
proper law of the contract (lex contractusi) which may
either be the law of the place voluntary agreed upon by
Expenses have actually been occurred
them (lex loci voluntaris) or the law of the place When the women has been forcibly abducted and raped
intended expressly or impliedly (lex loci intentionis) An action for damages arising from malicious
The intrinsic validity of a will shall be governed by the prosecution is anchored upon Art. 21, 2217 and 2219
national law of the decedent (8). However, the requisites must be satisfied to show
there is malicious prosecution
The fact of the prosecution and the further fact that the
Art. 18. In matters which are governed by the Code of
defendant himself was the prosecution, and that the
Commerce and special laws, their deficiency shall be
action was finally terminated with acquittal
supplied by the provisions of this Code. (16a)
In bringing the action, the prosecutor acted without
probable cause
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
The prosecutor was impelled or actualled with legal There is an acute public want or emergency
malice that is sinister or improper malice The party seeking to stop such extravagance must be a
government or charitable institution
Art. 22. Every person who through an act of performance by
another, or any other means, acquires or comes into Art. 26. Every person shall respect the dignity, personality,
possession of something at the expense of the latter without privacy and peace of mind of his neighbors and other
just or legal ground, shall return the same to him. persons. The following and similar acts, though they may not
Accion in rem verso refers to the action for recovery of constitute a criminal offense, shall produce a cause of action
for damages, prevention and other relief:
what has been paid or delivered without just cause or
legal ground. (1) Prying into the privacy of anothers residence:
It is different from solutio indebti in that it refers to (2) Meddling with or disturbing the private life or family
something has been received when they have no right to relations of another;
demand it or when the unduly delivered by mistake, (3) Intriguing to cause another to be alienated from his
they are obliged to return it. It is only applied when: friends;
Payment is made when there is no binding relation (4) Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth,
between payor and the person who received the
physical defect, or other personal condition.
payment
Payment is made through mistake and not liberality
The Philosophy behind this article is that human
personality must be exalted and that the rights of
The requisites for accion in rem verso are persons must be amply protected and that damages are
Defendant has been enriched provided for violating a persons privacy, dignity,
Plaintiff has suffered a loss or injury personality and peace of mind
Enrichment of Defenadant is without just or legal The acts enumerated in this article are not exclusive and
ground do not preclude similar acts such as damaging a persons
Plaintiff has no other action based on contact, quasi- dignity from acts such as profane, insulting, scandalous,
abusive or humiliating language
contract, criminal or quasi-delict
Art. 27. Any person suffering material or moral loss because
Art. 23. Even when an act or event causing damage to a public servant or employee refuses or neglects, without just
anothers property was not due to the fault or negligence of cause, to perform his official duty may file an action for
the defendant, the latter shall be liable for indemnity if damages and other relief against he latter, without prejudice
through the act or event he was benefited. to any disciplinary administrative action that may be taken.
Even if an event or act causes loss or injury to another This article is limited to refusal or neglect to perform
party is accidental or fortuitous, the party who benefited official duties
from such act will still be held liable under this article Requisites of action under Article 27 are:
Defendant must be a public official charged with the
Art. 24. In all contractual, property or other relations, when performance of his official duties
one of the parties is at a disadvantage on account of his There is a violation of official duty in favor of an
moral dependence, ignorance, indigence, mental weakness, individual
tender age or other handicap, the courts must be vigilant for There is willfulness or negligence in he violation of
his protection.
such official duty
The Courts must be vigilant on the protection of the There be an injury to an individual
rights of the disadvantaged from the unscrupulous or
those who use undue influence in entering into
contracts Art. 28. Unfair competition in agricultural, commercial or
industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust,
Art. 25. Thoughtless extravagance in expenses for pleasure oppressive or highhanded method shall give rise to a right of
or display during a period of acute public want or emergency action by the person who thereby suffers damage.
may be stopped by order of the courts at the instance of any
government or private charitable institution. Unfair competition refers to the employment of
deception or any other means against good faith to pass
The following requisites must be present: of goods he has manufactured or which he deals for
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
those of one who has established such goodwill. Art. 30. When a separate civil action is brought to demand
Examples are the following: civil liability arising from a criminal offense, and no criminal
Giving their goods, the general appearance of another proceedings are instituted during the pendency of the civil
manufacturer or sellers goods case, a preponderance of evidence shall likewise be sufficient
Induces the false belief that they are offering the goods to prove the act complained of.
that re offered by another manufacturer or seller Civil action is deemed to have been instituted within
Making any false statement in the course of trade that is the criminal action unless such party has waived the
contrary to good faith of nature to discredit the goods civil action, reserves the right to institute such civil
of another, business or services of another action separately or prior to the criminal action
If civil action is instituted prior to civil action, the
Art. 29. When the accused in a criminal prosecution is former shall be suspended in whatever stage it may be
acquitted on the ground that his guilt has not been proved until final judgment for criminal action is rendered
beyond reasonable doubt, a civil action for damages for the When civil action is instituted but there is no criminal
same act or omission may be instituted. Such action requires action, a preponderance of evidence shall be sufficient
only a preponderance of evidence. Upon motion of the to prove the act complained of.
defendant, the court may require the plaintiff to file a bond
to answer for damages in case the complaint should be found
Art. 31. When the civil action is based on an obligation not
to be malicious.
arising from the act or omission complained of as a felony,
Delict or crime is a source of obligations. Every person such civil action may proceed independently of the criminal
who is criminally liable for a felony is also civilly proceedings and regardless of the result of the latter.
liable, based on the fact that he offends two parties: 1) Article 31 does not provide for any independent civil
the state whose law he violated; 2) the individual
action but an independent civil action based upon the
member of that society through the same punishable act
same criminal act is provided for based on Articles 32-
or omission
34
The extinction of criminal action does not carry with it
A quasi-delict or culpa aquiliana (covers negligent and
the extinction of civil action. Civil action based on
voluntary acts) is a separate legal institution under the
delict may be extinguished if there is a finding in the
Civil Code. There, acquittal or conviction in the
judgment of the criminal action that the act or
criminal case is irrelevant in the civil case. Acquittal on
omission from which civil liability may arise did not
the criminal case does not extinguish civil liability
exist
under quasi-delict, which also covers acts which are
Acquittal based on reasonable doubt extinguishes civil criminal in character, both intentional and voluntary, or
damages only when there is a declaration from the acts negligent.
that the act or omission from which civil liability might The same negligent act causing damages may produce a
arise did not exist
civil liability arising from a crime under Art. 100 RPC
There are two liabilities based on article 29, one is on or may create an action for quasi-delict or culpa extra-
social order and one is on private rights contractual under Art. 2174 to 2194 NCC.
Article 29 presupposes that:
Private offended party opted to collect civil damages on
Art. 32. Any public officer or employee, or any private
the basis of the others criminal liability arising from individual, who directly or indirectly obstructs, defeats,
their offence under Article 100 RPC violates or in any manner impedes or impairs any of the
They have opted to institute civil action , expressly or following rights and liberties of another person shall be
impliedly within he criminal action liable to the latter for damages:
Accused was acquitted in criminal action based on
(1) Freedom of religion;
reasonable doubt as to their guilt. (2) Freedom of speech;
The ground for acquittal was clearly declared or (3) Freedom to write for the press or to maintain a
inferred from the judgment of the court periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
If in a criminal case the judgment of acquittal is based upon
(6) The right against deprivation of property without due
reasonable doubt, the court shall so declare. In the absence
process of law;
of any declaration to that effect, it may be inferred from the
(7) The right to a just compensation when private
text of the decision whether or not the acquittal is due to that
property is taken for public use;
ground.
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
(8) The right to the equal protection of the laws; Art. 33. In cases of defamation, fraud, and physical injuries a
(9) The right to be secure in ones person, house, papers, civil action for damages, entirely separate and distinct from
and effects against unreasonable searches and the criminal action, may be brought by the injured party.
seizures; Such civil action shall proceed independently of the criminal
(10) The liberty of abode and of changing the same; prosecution, and shall require only a preponderance of
(11) The privacy of communication and correspondence; evidence.
(12) The right to become a member of associations or
societies for purposes not contrary to law; Civil action for damages allowed to be instituted is ex
(13) The right to take part in a peaceable assembly to delicto.
petition the government for redress of grievances; Physical injuries not only those in the RPC and also
(14) The right to be free from involuntary servitude in frustrated, attempted and consummated homicide
any form; Criminal negligence is included under Article 33, civil
(15) The right of the accused against excessive bail; action may proceed independently even if the crime
(16) The right of the accused to be heard by himself and charged is reckless imprudence
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public
trial, to meet the witnesses face to face, and to have Art. 34. When a member of a city or municipal police force
compulsory process to secure the attendance of refuses or fails to render aid or protection to any person in
witness in his behalf; case of danger to life or property, such peace officer shall be
(17) Freedom from being compelled to be a witness primarily liable for damages, and the city or municipality
against ones self, or from being forced to confess shall be subsidiarily responsible therefor. The civil action
guilt, or from being induced by a promise of immunity herein recognized shall be independent of any criminal
or reward to make such confession, except when the proceedings, and a preponderance of evidence shall suffice to
person confessing becomes a State witness; support such action.
(18) Freedom from excessive fines, or cruel and unusual Art. 35. When a person, claiming to be injured by a criminal
punishment, unless the same is imposed or inflicted in
offense, charges another with the same, for which no
accordance with a statute which has not been independent civil action is granted in this Code or any
judicially declared unconstitutional; and
special law, but the justice of the peace finds no reasonable
(19) Freedom of access to the courts. grounds to believe that a crime has been committed, or the
In any of the cases referred to in this article, whether or not
prosecuting attorney refuses or fails to institute criminal
the defendants act or omission constitutes a criminal proceedings, the complaint may bring a civil action for
offense, the aggrieved party has a right to commence an
damages against the alleged offender. Such civil action may
entirely separate and distinct civil action for damages, and be supported by a preponderance of evidence. Upon the
for other relief. Such civil action shall proceed independently
defendants motion, the court may require the plaintiff to file
of any criminal prosecution (if the latter be instituted), and a bond to indemnify the defendant in case the complaint
mat be proved by a preponderance of evidence.
should be found to be malicious.
The indemnity shall include moral damages. Exemplary If during the pendency of the civil action, an information
damages may also be adjudicated. should be presented by the prosecuting attorney, the civil
The responsibility herein set forth is not demandable from a action shall be suspended until the termination of the
judge unless his act or omission constitutes a violation of the criminal proceedings.
Penal Code or other penal statute. Art. 36. Pre-judicial questions which must be decided before
any criminal prosecution may be instituted or may proceed,
Reasons for the provision are:
shall be governed by rules of court which the Supreme Court
Threat to freedom arises from abuse of power of shall promulgate and which shall not be in conflict with the
government officials and peace officers provisions of this Code.
Even when prosecuting attorney filed a criminal action,
the requirment of proof beyone reasonable doubt A prejudicial question is a one that arises during a case,
prevented the appropriate punishment and that the resolution of such question is a logical
antecedent to the resolution of the case
Direct and open violations of RPC are not as frequent
as the subtle, indirect, and clever ways which do not It comes into play when a civil and criminal action both
come within pale of the RPC come into play and that in the former an issue exists
which must be preemptively resolved before the
Good faith is not a defense under Art. 32
criminal proceeding may continue
The elements are:

7
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Previously instituted civil action involves an issue that being a deaf-mute, penalty, prodigality, family relations,
is similarly or intimately related to the subsequent civil alienage, absence, insolvency and trusteeship. The
action consequences of these circumstances are governed in this
Resolution of such issue determines whether or not the Code, other codes, the Rules of Court, and in special laws.
Capacity to act is not limited on account of religious belief or
criminal action can proceed
political opinion.
A petition for the suspension of criminal action based
on the pendency of a prejudicial question may be filed A married woman, twenty-one years of age or over, is
in the office of the prosecutor or the court conducting qualified for all acts of civil life, except in cases specified by
he preliminary investigation. When the criminala action law. (n)
has been filed, the petition to suspend may be filed at
Incapacities are restrictions or limitations on capacity to
any time before prosecution rests. The rule only
act. They are however not exempted from certain
authorizes suspension and not dismissal.
obligations.
Administrative case does not constitute a prejudicial
The following cannot give their consent in a contract:
question to a criminal action
Criminal prosecution does not constitute a prejudicial
Unemancipated minor
question to a administrative proceeding for the Deaf-mute who do know how to write
disbarment or suspension of a lawyer Insane or demented persons
A contract entered into by a minor without the consent
BOOK I:PERSONS of a parent or guardian, is voidable (if one of the parties
is a minor, but can be ratified by the parents or guardian
Title I. - CIVIL PERSONALITY of the minor) or unenforceable (if both parties are
minors, ratification of the parents of guardian one of the
CHAPTER 1 parties makes the contract voidable)
GENERAL PROVISIONS
A contract can be annulled upon reaching age of
Art. 37. Juridical capacity, which is the fitness to be the majority by a minor if such only engaged in passive
subject of legal relations, is inherent in every natural person misrepresentation of age, while active
and is lost only through death. Capacity to act, which is the misrepresentation removes the capacity to annul the
power to do acts with legal effect, is acquired and may be contract
lost. (n) Insanity refers to someone whose mental faculties are
impaired while an imbecile is someone who is of
A person any being susceptible to rights and advanced age while still having the mental capacity of
obligations. Personality is the aptitude to be subject, a 2 to 7 year old. Imbecile is exempted from all cases
active or passive, of judicial relations of criminal liability and cannot give consent in a
Natural persons are human beings while juridical contract while insane is not exempt acted during lucid
persons are artificial beings susceptible of rights and interval (only insanity preventing a person from
obligations or being the subject of legal relations knowing the character of the act that he is performing).
Juridical capacity is static condition, indivisible, it is Civil Interdiction is an accessory penalty imposed upon
enough that the person exists, lost only in death, cannot those who are sentenced penalty not lower than
be limited or restricted reclusion temporal. It produces the following effects
Capacity to act is a dynamic condition, does not exist in Deprivation of rights of parental authority or
all men or is the same extent, intelligence and volition guardianship
is required and does not exist in the same extent in all Deprivation of marital authority
men, may be lost, limited and restricted through certain Deprivation of right to manage property
means and circumstances,
Deprivation of the right to dispose his property by any
act or conveyance inter vivos
Art. 38. Minority, insanity or imbecility, the state of being a In prodigality, once an individual is under guardianship,
deaf-mute, prodigality and civil interdiction are mere his capacity to act becomes restricted since he can only
restrictions on capacity to act, and do not exempt the enter a contract through the guardian
incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such as
easements. (32a) CHAPTER 2
NATURAL PERSONS
Art. 39. The following circumstances, among others, modify
or limit capacity to act: age, insanity, imbecility, the state of
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Art. 40. Birth determines personality; but the conceived
child shall be considered born for all purposes that are
Art. 44. The following are juridical persons:
favorable to it, provided it be born later with the conditions
specified in the following article. (29a) (1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public
Unless a being is born it is not considered a person interest or purpose, created by law; their personality
begins as soon as they have been constituted according
Art. 41. For civil purposes, the fetus is considered born if it is to law;
alive at the time it is completely delivered from the mothers (3) Corporations, partnerships and associations for
womb. However, if the fetus had an intra-uterine life of less private interest or purpose to which the law grants a
than seven months, it is not deemed born if it dies within juridical personality, separate and distinct from that
twenty-four hours after its complete delivery from the of each shareholder, partner or member. (35a)
maternal womb. (30a) Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the
preceding article are governed by the laws creating or
Complete delivery means the cutting of the umbilical recognizing them.
cord
Personality of a conceived child has two characteristics Private corporations are regulated by laws of general
application on the subject.
It is essentially limited, for the purposes favorable to
the child Partnerships and associations for private interest or purpose
are governed by the provisions of this Code concerning
It is provisional or conditional, such that if the child is
partnerships. (36 and 37a)
not born alive, it is deemed to have never been existed
The rights of an unborn child include the following Art. 46. Juridical persons may acquire and possess property
of all kinds, as well as incur obligations and bring civil or
Right to receive support from progenitors, even if such
criminal actions, in conformity with the laws and regulations
child is en ventre de sa mere of their organization. (38a)
It may receive donations as prescribed under Art. 742
NCC Art. 47. Upon the dissolution of corporations, institutions
and other entities for public interest or purpose mentioned in
It may not be ignored by the parent in his testament
No. 2 of Article 44, their property and other assets shall be
disposed of in pursuance of law or the charter creating them.
Art. 42. Civil personality is extinguished by death. If nothing has been specified on this point, the property and
The effect of death upon the rights and obligations of the other assets shall be applied to similar purposes for the
deceased is determined by law, by contract and by will. (32a) benefit of the region, province, city or municipality which
Art. 43. If there is a doubt, as between two or more persons during the existence of the institution derived the principal
who are called to succeed each other, as to which of them benefits from the same. (39a)
died first, whoever alleges the death of one prior to the other,
shall prove the same; in the absence of proof, it is presumed
that they died at the same time and there shall be no Juridical persons are artificial beings to which the law
transmission of rights from one to the other. (33) grants a personality distinct and separate from the
personality of its individual members.
Not applicable when there is no question of succession Sole proprietorship does not have a juridical personality
Rules on succession because its personality is the personality of its owner
If both are <15, the older is deemed to have survived A corporation is deemed to have a juridical capacity if
If both are >60, the younger is deemed to have survived its formed under the Corporation Code, and is deemed
If one is <15 and the other >60, the former is deemed to incorporated from the date it receives its certificate of
have survived Incorporation under its official seal from the SEC
If both are >15 and <60, and different sezes, the male is Partnership are juridical persons provided that they
deemed to have survived. If same sex, the older is fulfill the following requisites
deemed to have survived Two or more persons who bind themselves to contribute
If one is <15 or >60, and the other in between those money, property or industry to a common fund
ages, the latter is deemed to have survived Intention on part of the partners to divide the profits
among themselves
CHAPTER 3
JURIDICAL PERSONS EXECUTIVEORDERNO.209

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THE FAMILY CODE OF THE PHILIPPINES (1) Legal capacity of the contracting parties who must be
July 6, 1987 a male and a female; and
(2) Consent freely given in the presence of the
TITLE I solemnizing officer. (53a)

MARRIAGE Art. 3. The formal requisites of marriage are:


(1) Authority of the solemnizing officer;
Chapter 1. Requisites of Marriage (2) A valid marriage license except in the cases provided
for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the
Article 1. Marriage is a special contract of permanent union appearance of the contracting parties before the
between a man and a woman entered into in accordance with solemnizing officer and their personal declaration that
law for the establishment of conjugal and family life. It is the they take each other as husband and wife in the
foundation of the family and an inviolable social institution presence of not less than two witnesses of legal age.
whose nature, consequences, and incidents are governed by (53a, 55a)
law and not subject to stipulation, except that marriage
settlements may fix the property relations during the
marriage within the limits provided by this Code. (52a)
Legal capacity refers to the following requirements:
Age Requirement
Marriage is different from an ordinary contract based Must be 18 and above, below 18 marriage is void ab
on the following distinctions: initio
It cannot be revoked, dissolved, or otherwise >18 and <21, Article 14 adds requirement of parental
terminated by the parties, but only by the sovereign consent, lack of consent means marriage is voidable
power of the state
The age requirement must be complied on the date of
The nature, consequences and incidents of marriage are
marriage celebration,
governed by law and not subject to agreement,
Sex of the contracting parties
Only two persons of different sex may enter into a
contract of marriage, and but only one such contract
Must be between a man and a woman
may exist at the same time Absence of Legal Impediments based on Article 37 and
Marriage is not just a contract but a social institution 38 FC
Marriage is a permanent union between a man and a Consent
woman, it may only be dissolved by law (as in This must be mutual
annulment or declaration of nullity) or by death of Manifestation of consent is made only by both parties
either party. appearing before the solemnizing officer and their
Marriage is not only a civil contract, but a new relation, personal declaration to take each other as husband and
an institution whose maintenance of which the public is wife in the presence of at least 2 witnesses
deeply interested Bogus or simulated marriage is void ab initio
Best documentary evidence of marriage is a marriage Under Art. 41, the subsequent marriage is void ab initio
contract. Failure to present it however does not prove if both parties acted in bad faith
that no marriage took place. Testimony by one of the Consent must be free and voluntary, otherwise the
parties or one of the witnesses, or the solemnizing marriage is voidable
officer as eyewitness to the marriage is held to be
admissible as proof of the fact of marriage
Authority of Solemnizing Office
Testimony of witness to the marriage, the partners If the solemnizing officer is not authorized, the
public and open cohabitation as husband and wife after marriage is void ab initio unless either or both parties
the alleged wedlock, the birth and baptismal certificate believed in good faith that the officer had the authority
of the children born during such union, and mention of to solemnize the marriage
the nuptial in the subsequent documents may be The following has the authority to solemnize marriage
presented as proof of such marriage. Any incumbent member of the judiciary within their
The law favors the validity of the marriage courts jurisdiction;
Any priest, rabbi, imam, or minister of any church or
Art. 2. No marriage shall be valid, unless these essential religious sect duly authorized by his church or religious
requisites are present: sect

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Any ship captain or airplane chief only in the case of write the name of said party, which fact shall be attested by
articulo mortis the solemnizing officer. (55a)
Any military commander of a unit to which a chaplain
Art. 7. Marriage may be solemnized by:
is assigned, in cases of articulo mortis;
Any consul-general, consul or vice-consul in limited (1) Any incumbent member of the judiciary within the
courts jurisdiction;
cases
(2) Any priest, rabbi, imam, or minister of any church or
Mayors religious sect duly authorized by his church or
Valid Marriage License religious sect and registered with the civil registrar
Absence of valid marriage license renders the marriage general, acting within the limits of the written
void ab intio authority granted by his church or religious sect and
Marriage celebrated 120 days after issuance of license provided that at least one of the contracting parties
belongs to the solemnizing officers church or religious
is void ab initio
sect;
The exceptions where a valid marriage license may be (3) Any ship captain or airplane chief only in the case
dispensed are the following: mentioned in Article 31;
In cases of articulo mortis
When the parties are located in remote place where
there are no means of transport available to obtain a (4) Any military commander of a unit to which a
valid marriage license chaplain is assigned, in the absence of the latter, during a
Marriage among Muslims and ethnic groups provided military operation, likewise only in the cases mentioned
they are solemnized in accordance with the customs, in Article 32;
rights and practices (5) Any consul-general, consul or vice-consul in the case
Marriage Ceremony provided in Article 10. (56a)
Solemnization of the marriage comprehends both Article. 8. The marriage shall be solemnized publicly in the
parties personal appearance before the person chambers of the judge or in open court, in the church, chapel
authorized to solemnize the marriage or temple, or in the office the consul-general, consul or vice-
Common-law marriages and marriage by proxy are not consul, as the case may be, and not elsewhere, except in cases
recognized in the Philippines of marriages contracted on the point of death or in remote
places in accordance with Article 29 of this Code, or where
Art. 4. The absence of any of the essential or formal both of the parties request the solemnizing officer in writing
requisites shall render the marriage void ab initio, except as in which case the marriage may be solemnized at a house or
stated in Article 35 (2). place designated by them in a sworn statement to that effect.
(57a)
A defect in any of the essential requisites shall not affect the
validity of the marriage but the party or parties responsible Art. 9. A marriage license shall be issued by the local civil
for the irregularity shall be civilly, criminally and registrar of the city or municipality where either contracting
administratively liable. (n) party habitually resides, except in marriages where no
license is required in accordance with Chapter 2 of this Title.
Art. 5. Any male or female of the age of eighteen years or (58a)
upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage. (54a) Art. 10. Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice-consul of the
Art. 6. No prescribed form or religious rite for the Republic of the Philippines. The issuance of the marriage
solemnization of the marriage is required. It shall be license and the duties of the local civil registrar and of the
necessary, however, for the contracting parties to appear solemnizing officer with regard to the celebration of
personally before the solemnizing officer and declare in the marriage shall be performed by said consular official. (75a)
presence of not less than two witnesses of legal age that they
take each other as husband and wife. This declaration shall Art. 11. Where a marriage license is required, each of the
be contained in the marriage certificate which shall be signed contracting parties shall file separately a sworn application
by the contracting parties and their witnesses and attested by for such license with the proper local civil registrar which
the solemnizing officer. shall specify the following:

In case of a marriage in articulo mortis, when the party at (1) Full name of the contracting party;
the point of death is unable to sign the marriage certificate, it (2) Place of birth;
shall be sufficient for one of the witnesses to the marriage to (3) Age and date of birth;
(4) Civil status;

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(5) If previously married, how, when and where the Art. 13. In case either of the contracting parties has been
previous marriage was dissolved or annulled; previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required
(6) Present residence and citizenship;
in the last preceding article, the death certificate of the
(7) Degree of relationship of the contracting parties;
deceased spouse or the judicial decree of the absolute
(8) Full name, residence and citizenship of the
divorce, or the judicial decree of annulment or declaration of
father;
nullity of his or her previous marriage.
(9) Full name, residence and citizenship of the mother; and In case the death certificate cannot be secured, the party
(10) Full name, residence and citizenship of the guardian shall make an affidavit setting forth this circumstance and
or person having charge, in case the contracting party his or her actual civil status and the name and date of death
has neither father nor mother and is under the age of of the deceased spouse. (61a)
twenty-one years. Art. 14. In case either or both of the contracting parties, not
The applicants, their parents or guardians shall not be having been emancipated by a previous marriage, are
required to exhibit their residence certificates in any between the ages of eighteen and twenty-one, they shall, in
formality in connection with the securing of the marriage addition to the requirements of the preceding articles, exhibit
license. (59a) to the local civil registrar, the consent to their marriage of
their father, mother, surviving parent or guardian, or
Art. 12. The local civil registrar, upon receiving such persons having legal charge of them, in the order mentioned.
application, shall require the presentation of the original Such consent shall be manifested in writing by the interested
birth certificates or, in default thereof, the baptismal party, who personally appears before the proper local civil
certificates of the contracting parties or copies of such registrar, or in the form of an affidavit made in the presence
documents duly attested by the persons having custody of the of two witnesses and attested before any official authorized
originals. These certificates or certified copies of the by law to administer oaths. The personal manifestation shall
documents by this Article need not be sworn to and shall be be recorded in both applications for marriage license, and
exempt from the documentary stamp tax. The signature and the affidavit, if one is executed instead, shall be attached to
official title of the person issuing the certificate shall be said applications. (61a)
sufficient proof of its authenticity.
Art. 15. Any contracting party between the age of twenty-one
If either of the contracting parties is unable to produce his and twenty-five shall be obliged to ask their parents or
birth or baptismal certificate or a certified copy of either guardian for advice upon the intended marriage. If they do
because of the destruction or loss of the original or if it is not obtain such advice, or if it be unfavorable, the marriage
shown by an affidavit of such party or of any other person license shall not be issued till after three months following
that such birth or baptismal certificate has not yet been the completion of the publication of the application therefor.
received though the same has been required of the person A sworn statement by the contracting parties to the effect
having custody thereof at least fifteen days prior to the date that such advice has been sought, together with the written
of the application, such party may furnish in lieu thereof his advice given, if any, shall be attached to the application for
current residence certificate or an instrument drawn up and marriage license. Should the parents or guardian refuse to
sworn to before the local civil registrar concerned or any give any advice, this fact shall be stated in the sworn
public official authorized to administer oaths. Such statement. (62a)
instrument shall contain the sworn declaration of two
witnesses of lawful age, setting forth the full name, residence Art. 16. In the cases where parental consent or parental
and citizenship of such contracting party and of his or her advice is needed, the party or parties concerned shall, in
parents, if known, and the place and date of birth of such addition to the requirements of the preceding articles, attach
party. The nearest of kin of the contracting parties shall be a certificate issued by a priest, imam or minister authorized
preferred as witnesses, or, in their default, persons of good to solemnize marriage under Article 7 of this Code or a
reputation in the province or the locality. marriage counselor duly accredited by the proper
government agency to the effect that the contracting parties
The presentation of birth or baptismal certificate shall not be have undergone marriage counseling. Failure to attach said
required if the parents of the contracting parties appear certificates of marriage counseling shall suspend the issuance
personally before the local civil registrar concerned and of the marriage license for a period of three months from the
swear to the correctness of the lawful age of said parties, as completion of the publication of the application. Issuance of
stated in the application, or when the local civil registrar the marriage license within the prohibited period shall
shall, by merely looking at the applicants upon their subject the issuing officer to administrative sanctions but
personally appearing before him, be convinced that either or shall not affect the validity of the marriage.
both of them have the required age. (60a)

12
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Should only one of the contracting parties need parental (2) Their citizenship, religion and habitual
consent or parental advice, the other party must be present residence;
at the counseling referred to in the preceding paragraph. (n) (3) The date and precise time of the celebration of
the marriage;
Art. 17. The local civil registrar shall prepare a notice which
(4) That the proper marriage license has been issued
shall contain the full names and residences of the applicants
according to law, except in marriage provided for in
for a marriage license and other data given in the
Chapter 2 of this Title;
applications. The notice shall be posted for ten consecutive
days on a bulletin board outside the office of the local civil (5) That either or both of the contracting parties have
registrar located in a conspicuous place within the building secured the parental consent in appropriate cases;
and accessible to the general public. This notice shall request
(6) That either or both of the contracting parties have
all persons having knowledge of any impediment to the
complied with the legal requirement regarding parental
marriage to advise the local civil registrar thereof. The
advice in appropriate cases; and
marriage license shall be issued after the completion of the
period of publication. (63a) (7) That the parties have entered into marriage
settlement, if any, attaching a copy thereof. (67a)
Art. 18. In case of any impediment known to the local civil
registrar or brought to his attention, he shall note down the Art. 23. It shall be the duty of the person solemnizing the
particulars thereof and his findings thereon in the marriage to furnish either of the contracting parties the
application for marriage license, but shall nonetheless issue original of the marriage certificate referred to in Article 6
said license after the completion of the period of publication, and to send the duplicate and triplicate copies of the
unless ordered otherwise by a competent court at his own certificate not later than fifteen days after the marriage, to
instance or that of any interest party. No filing fee shall be the local civil registrar of the place where the marriage was
charged for the petition nor a corresponding bond required solemnized. Proper receipts shall be issued by the local civil
for the issuances of the order. (64a) registrar to the solemnizing officer transmitting copies of the
marriage certificate. The solemnizing officer shall retain in
Art. 19. The local civil registrar shall require the payment of
his file the quadruplicate copy of the marriage certificate,
the fees prescribed by law or regulations before the issuance
the copy of the marriage certificate, the original of the
of the marriage license. No other sum shall be collected in the
marriage license and, in proper cases, the affidavit of the
nature of a fee or tax of any kind for the issuance of said
contracting party regarding the solemnization of the
license. It shall, however, be issued free of charge to indigent
marriage in place other than those mentioned in Article 8.
parties, that is those who have no visible means of income or
(68a)
whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the Art. 24. It shall be the duty of the local civil registrar to
local civil registrar. (65a) prepare the documents required by this Title, and to
administer oaths to all interested parties without any charge
Art. 20. The license shall be valid in any part of the
in both cases. The documents and affidavits filed in
Philippines for a period of one hundred twenty days from the
connection with applications for marriage licenses shall be
date of issue, and shall be deemed automatically canceled at
exempt from documentary stamp tax. (n)
the expiration of the said period if the contracting parties
have not made use of it. The expiry date shall be stamped in Art. 25. The local civil registrar concerned shall enter all
bold characters on the face of every license issued. (65a) applications for marriage licenses filed with him in a registry
book strictly in the order in which the same are received. He
Art. 21. When either or both of the contracting parties are
shall record in said book the names of the applicants, the
citizens of a foreign country, it shall be necessary for them
date on which the marriage license was issued, and such
before a marriage license can be obtained, to submit a
other data as may be necessary. (n)
certificate of legal capacity to contract marriage, issued by
their respective diplomatic or consular officials. Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they
Stateless persons or refugees from other countries shall, in
were solemnized, and valid there as such, shall also be valid
lieu of the certificate of legal capacity herein required,
in this country, except those prohibited under Articles 35 (1),
submit an affidavit stating the circumstances showing such
(4), (5) and (6), 3637 and 38. (17a)
capacity to contract marriage. (66a)
Where a marriage between a Filipino citizen and a foreigner
Art. 22. The marriage certificate, in which the parties shall
is validly celebrated and a divorce is thereafter validly
declare that they take each other as husband and wife, shall
obtained abroad by the alien spouse capacitating him or her
also state:
to remarry, the Filipino spouse shall have capacity to
(1) The full name, sex and age of each contracting remarry under Philippine law. (As amended by Executive
party; Order 227)

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Under paragraph 1, the following marriages are solemnize marriages in articulo mortis between persons
prohibited and void ab initio even if they are allowed in within the zone of military operation, whether members of
the country where the marriage is celebrated the armed forces or civilians. (74a)
Both are Filipino and either or both parties is under 18 Art. 33. Marriages among Muslims or among members of
If one of parties is Filipino and is under 18 the ethnic cultural communities may be performed validly
Marriage is bigamous or polygamous without the necessity of marriage license, provided they are
solemnized in accordance with their customs, rites or
There is a mistake in the identity of the party by the practices. (78a)
other party
One of the parties in a subsequent marriage is a party to Art. 34. No license shall be necessary for the marriage of a
man and a woman who have lived together as husband and
a prior marriage but did not comply with article 52
wife for at least five years and without any legal impediment
One of the parties to the marriage is psychologically to marry each other. The contracting parties shall state the
incapacitated foregoing facts in an affidavit before any person authorized
Incestuous marriage by law to administer oaths. The solemnizing officer shall also
Marriage void by public policy state under oath that he ascertained the qualifications of the
contracting parties are found no legal impediment to the
marriage. (76a)
Chapter 2. Marriages Exempted from License Requirement
Chapter 3. Void and Voidable Marriages

Art. 27. In case either or both of the contracting parties are


at the point of death, the marriage may be solemnized Art. 35. The following marriages shall be void from the
without necessity of a marriage license and shall remain beginning:
valid even if the ailing party subsequently survives. (72a) (1) Those contracted by any party below eighteen years of
Art. 28. If the residence of either party is so located that age even with the consent of parents or guardians;
there is no means of transportation to enable such party to (2) Those solemnized by any person not legally
appear personally before the local civil registrar, the authorized to perform marriages unless such
marriage may be solemnized without necessity of a marriage marriages were contracted with either or both parties
license. (72a) believing in good faith that the solemnizing officer had
the legal authority to do so;
Art. 29. In the cases provided for in the two preceding (3) Those solemnized without license, except those
articles, the solemnizing officer shall state in an affidavit covered the preceding Chapter;
executed before the local civil registrar or any other person (4) Those bigamous or polygamous marriages not failing
legally authorized to administer oaths that the marriage was under Article 41;
performed in articulo mortis or that the residence of either marriage contracted by a person whose spouse as
party, specifying the barrio or barangay, is so located that
been absent for 4 years (ordinary) or 2 years
there is no means of transportation to enable such party to
(extraordinary absence), where such person has a aell
appear personally before the local civil registrar and that the
founded belief that his/her absent spouse is already
officer took the necessary steps to ascertain the ages and
dead, and after the absent spouse s judicially declared
relationship of the contracting parties and the absence of
to be presumed dead.
legal impediment to the marriage. (72a)
(5) Those contracted through mistake of one contracting
Art. 30. The original of the affidavit required in the last party as to the identity of the other; and
preceding article, together with the legible copy of the (6) Those subsequent marriages that are void under
marriage contract, shall be sent by the person solemnizing Article 53.
the marriage to the local civil registrar of the municipality provides that a person whose marriage has been
where it was performed within the period of thirty days after annulled may remarry as long as he complies with
the performance of the marriage. (75a) Art 52 which requires that after the marriage is
Art. 31. A marriage in articulo mortis between passengers or annulled, the properties of the spouses must e
crew members may also be solemnized by a ship captain or partitioned and distributed and the presumptive
by an airplane pilot not only while the ship is at sea or the legitimes of the children be distributed. Furthermore,
plane is in flight, but also during stopovers at ports of call. the judgement of annulment or absolute nullity, the
(74a) partition and distribution of the spouses properties,
and the delivery of the childrens presumptive
Art. 32. A military commander of a unit, who is a legitimes must be recorded and in the appropriate
commissioned officer, shall likewise have authority to civil registry and registries of property. Failure to
14
Civil Law Examination Reviewer
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comply with these requisites will make the 7. Interpretations give by the National Appellate Matrimonial
subsequent marriage void ab initio. Tribunal of he Catholic Church in the Philippines, while not
Conditions mentioned in Art 35 apply even if marriage controlling or decisive, should be given great respect by our
is solemnized outside the territorial jurisdiction of courts.
our country, under the conditions for marriage 8. The Trial Court must order the prosecuting attorney or fiscal
prescribed by those countries. Article 35 are not and the Solicitor General to appear as counsel for the state.
exclusive to those conditions mentioned.
Essential Marital Obligations- must be those embraced in Aricle
Art. 36. A marriage contracted by any party who, at the time 68 to 71 FC as regards to husband and wife and 220, 221 and
of the celebration, was psychologically incapacitated to 225 for parents and children,
comply with the essential marital obligations of marriage, burden of proof to show nullity of marriage belongs to the
shall likewise be void even if such incapacity becomes
plaintiff.
manifest only after its solemnization. (As amended by
Executive Order 227) there shall be no awards of Moral Damages for
Psychological Incapacity
Psychological Incapacity- There is no exact definition, however
usually means a constant, protacted and senseless refusal to Divorce vs. Legal Separation
perfom the essential marital obligations by either or both parties,
even if they are capable (Chi Ming Tsoi vs CA, 266 SCRA 234 Divorce
(1997)).
cuts the marital bond between spouses
Elements of Psychological Incapacity:
all the requisites for marriage are present
1. Mental Disposition reasons for the termination of the marital bond happen only
2. Applies to the person maritally contracted to another after the celebration of the marriage
3. Marriage entered into with volition
4. Failure to perform or comply the essential marital obligations Legal Separation
5. Such failure is chronic
6. Cause is serious and that there is juridical antecedence all the requisites for marriage are present
7. Incapacity results in failure in the marriage reasons for the termination of the marital bond happen only
after the celebration of the marriage
Characteristics: the marital bond is not severed between the spouses.
1. Gravity- severe enough to cause incapacity to comply with
essential marital obligations
Art. 37. Marriages between the following are incestuous and
2. Juridical antecedence- incapacity must have existed before
void from the beginning, whether relationship between the
marriage celebration, even if symptoms manifested after the
parties be legitimate or illegitimate:
ceremony
3. Incurability- cure is not possible or beyond the means (1) Between ascendants and descendants of any degree;
available to the parties and
(2) Between brothers and sisters, whether of the full or
Jurisprudential Guidelines (Republic vs. CA and Molina, 26 half blood. (81a)
SCRA 198 (1997)): Full blood- same father and mother
1. Burden of proof to show incapacity belongs to the plaintiff. Half blood- have the same mother but different father
2. Root cause of psychological incapacity must be: or vice versa
a. medically or clinically identified
b. alleged in the complaint Art. 38. The following marriages shall be void from the
c. sufficiently proved by experts beginning for reasons of public policy:
d. clearly explained in decision
3. Such incapacity must be proven to be existing at the time of (1) Between collateral blood relatives whether legitimate or
the celebration of marriage. illegitimate, up to the fourth civil degree;
4. Such incapacity must be proven to be medically or clinically
Collateral line is a series of degrees among persons who
permanent or incurable.
5. Such illness must be grave enough to bring about the are not descendants or ascendants
disability of the said party to perform the essential ascent is made to the common ancestor
obligations of marriage (2) Between step-parents and step-children;
6. essential obligations of marriage must be those embraced by void due to being relatives by affinity
Art. 68-71, 220, 221 and 225 FC.
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
(3) Between parents-in-law and children-in-law; Art. 41. A marriage contracted by any person during
scandalous and due to custom that parents-in-law treat subsistence of a previous marriage shall be null and void,
unless before the celebration of the subsequent marriage, the
their children in-law as their real children
prior spouse had been absent for four consecutive years and
(4) Between the adopting parent and the adopted child; the spouse present has a well-founded belief that the absent
adopted children are considered to be legitimate spouse was already dead. In case of disappearance where
children there is danger of death under the circumstances set forth in
(5) Between the surviving spouse of the adopting parent the provisions of Article 391 of the Civil Code, an absence of
and the adopted child; only two years shall be sufficient.
relationship is more then between adopting parent and For the purpose of contracting the subsequent marriage
adopted child under the preceding paragraph the spouse present must
institute a summary proceeding as provided in this Code for
(6) Between the surviving spouse of the adopted child and the declaration of presumptive death of the absentee, without
the adopter; prejudice to the effect of reappearance of the absent spouse.
(83a)
relationship is more than just between adopting parent
and adopting child General rule- any person who contracts a second or subsequent
marriage before the former marriage has been legally dissolved
(7) Between an adopted child and a legitimate child of the or before the absent spouse has been declared as presumed dead
adopter; by means of a judgement rendered in the proper proceedings is
guilty of bigamy
(8) Between adopted children of the same adopter; and Exceptions are the conditions for the validity of a subsequent
they are considered to be legitimate siblings (par. 7 and bigamous marriage under Article 41:
8) 1. Prior spouse of the contracting party must be absent for at
least 4 years or, when there is danger of death during the
(9) Between parties where one, with the intention to marry disappearance of the said spouse, 2 years.
the other, killed that other persons spouse, or his or her own 2. The present spouse had a well-founded belief that the absent
spouse. (82 spouse is already dead
Art. 39. The action or defense for the declaration of absolute 3. There is a judicial declaration of the presumptive death of the
nullity of a marriage shall not prescribe. (As amended by absent spouse for the purpose of the spouse present can
Executive Order 227 and Republic Act No. 8533) institute a summary proceding in court to ask for that
declaration. (under the Family Code, otherwise the
The phrase However, in case of marriage celebrated before
subsequent marriage will be deemed void ab initio).
the effectivity of this Code and falling under Article 36,
such action or defense shall prescribe in ten years after this
After obtaining the judicial declaration of the
Code shall taken effect has been deleted by Republic Act presumptive death of the absent spouse, the absentee
No. 8533 [Approved February 23, 1998]). spouse shall be presumed dead and the present spouse
Art. 40. The absolute nullity of a previous marriage may be may contract a subsequent marriage
invoked for purposes of remarriage on the basis solely of a
final judgment declaring such previous marriage void. (n) Art. 42. The subsequent marriage referred to in the
Nullity of the previous marriage must be sought for the preceding Article shall be automatically terminated by the
recording of the affidavit of reappearance of the absent
purposes of remarriage is the sole basis for the freedom
spouse, unless there is a judgment annulling the previous
of legal impediments of the previous marriage is the
marriage or declaring it void ab initio.
final judgment declaring the previous marriage void.
Other than for remarriage, there is no need for judicial A sworn statement of the fact and circumstances of
action to declare a marriage an absolute nullity. reappearance shall be recorded in the civil registry of the
A marriage contracted without the final judgement residence of the parties to the subsequent marriage at the
declaring nullity of the previous marriage shall be void instance of any interested person, with due notice to the
ab initio spouses of the subsequent marriage and without prejudice to
Applies to cases where previous marriage is void and the fact of reappearance being judicially determined in case
such fact is disputed. (n)
one of the parties contracted a subsequent marriage.
Applies to remarriages during the effectivity of the The mere reappearance of the absent spouse does not
Family Code, regardless of the date of the first marriage terminate the subsequent marriage. Only after the
recording of the affidavit of reappearance (can be filed

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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
by anyone who is interested) by the Civil Registrar can defect which serves as ground for annulment must be
the subsequent marriage be terminated automatically present during the celebration of the marriage
Affidavit must state the facts surrounding the cannot be assailed collaterally except by direct
reappearance of the absentee spouse and it must be proceeding
recorded by the Local Civil Registrar where the spouse can only be assailed during the lifetime of either party
resides
only parties to the marriage can assail it
action for annulment is subject to prescription
Art. 43. The termination of the subsequent marriage
referred to in the preceding Article shall produce the
defect is subject to ratification except for ground in par.
following effects: 5 and 6 of Art. 45
prescription period- period of time allowed to file
(1) The children of the subsequent marriage conceived action for annulment
prior to its termination shall be considered legitimate;
Ratifiation is the act or virtue of which efficacy is given
Custody and support of such children may be subject to to a contract which suffers from the vice of curable
the agreement between the spouses of the subsequent nullity. Ratification extinguishes the action to annul a
marriage, or by a court in proper proceeding in case of voidable contract
dispute
(2) The absolute community of property or the conjugal
For ratification to be effective it must satisfy the
partnership, as the case may be, shall be dissolved and following requisites:
liquidated, but if either spouse contracted said Contract is tainted with a vice that is susceptible to
marriage in bad faith, his or her share of the net being cured
profits of the community property or conjugal Ratification is effected by the person who is entitled to
partnership property shall be forfeited in favor of the do it under law
common children or, if there are none, the children of Effected with the knowledge of the vice or defect of the
the guilty spouse by a previous marriage or in default contract
of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid,
Cause of the nullity or defect should have already
except that if the donee contracted the marriage in disappeared
bad faith, such donations made to said donee are (1) That the party in whose behalf it is sought to have the
revoked by operation of law; marriage annulled was eighteen years of age or over
(4) The innocent spouse may revoke the designation of the but below twenty-one, and the marriage was
other spouse who acted in bad faith as beneficiary in solemnized without the consent of the parents,
any insurance policy, even if such designation be guardian or person having substitute parental
stipulated as irrevocable; and authority over the party, in that order, unless after
(5) The spouse who contracted the subsequent marriage attaining the age of twenty-one, such party freely
in bad faith shall be disqualified to inherit from the cohabited with the other and both lived together as
innocent spouse by testate and intestate succession. (n) husband and wife;
parental consent is required to be given by father,
Art. 44. If both spouses of the subsequent marriage acted in mother, surviving parent or guardian or persons with
bad faith, said marriage shall be void ab initio and all legal charge
donations by reason of marriage and testamentary action for annulment may be filed by (1) contracting
dispositions made by one in favor of the other are revoked by party whose parental consent is required (only in cases
operation of law. (n) where said party which has not reached 21) or (2) by
Art. 45. A marriage may be annulled for any of the following the party whose parent did not give consent (only in
causes, existing at the time of the marriage: cases where said party has already reached 21)
prescriptive period is: for (1) before the party (from
Voidable marriages are those that have defects in the whom no parental consent was given) reaches 21; for
essential requisite. Such marriage will remain valid and (2) is five years after reaching 21
produces valid civil effecs until it is set aside for final It is subject to ratification. In this case if the party
judgement by a competent court in an action for whose parent did not give consent, after reaching 21,
annulment. freely cohabits with the other as husband and wife
Annulment is the judicial or legal process of (2) That either party was of unsound mind, unless such
invalidating a voidable marriage. party after coming to reason, freely cohabited with the
Characteristics of voidable marriage other as husband and wife;
valid until otherwise declared by court
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Mental incapacity must be related specifically to the It can be ratified only by the injured party by freely
contract of marriage, the party at the time of marriage cohabiting with the other spouse as husband and wife
was capable of understanding the nature and after gaining full knowledge of the facts concerning the
consequences of the marriage, and the insanity must fraud
have existed at the time of the marriage (4) That the consent of either party was obtained by
Sanity is presumed in absence of proof for insanity. The force, intimidation or undue influence, unless the same
burden of proof rests upon the party alleging insanity having disappeared or ceased, such party thereafter
and seeks to avoid an act on account of it, and there freely cohabited with the other as husband and wife;
must be a preponderance of evidence. There is violence when serious and irresistible force
The people who may file for annulment are (1) any was used in order to obtain consent. There is
relative or guardian or person having legal charge over intimidation when one of the parties was compelled by
the insane and (2) the insane spouse during the period reasonable and well grounded fear against his person or
of lucidity or regained sanity property or his spouses, descendants and ascendants
Prescription period- before the death of either party person or property to obtain consent.
It can be ratified only by the insane person during a Requisites by which duress (force and intimidation)
may vitiate consent and render the contract voidable:
lucid interval by freely cohabiting with the other spouse
as husband and wife It must be the determining cause of the contract
(3) That the consent of either party was obtained by It must be unjust
fraud, unless such party afterwards, with full It must be serious or grave
knowledge of the facts constituting the fraud, freely It must produced reasonable and well-grounded fear
cohabited with the other as husband and wife;
that the person from whom such fear came has the
Fraud- refers to the non-disclosure of or concealment of necessary means to inflict threatened injury
some facts deemed material to marital obligation Action for annulment may be filed by injured party or
The following constituted fraud (and the grounds for the party that was subject to duress.
annulment): Prescriptive period- five years from the time force was
Non-disclosure of previous conviction used
There must be conviction by final judgement It can be ratified only by the injured party by freely
Crime must involve moral turpitude (contrary to justice, cohabiting with the guilty spouse as husband and wife
honesty, modesty and good morals) (5) That either party was physically incapable of
Concealment of pregnancy consummating the marriage with the other, and such
Concealment of such fact during the time of the incapacity continues and appears to be incurable; or
marriage ceremony Physical incapacity for marriage imports total want of
Bride not aware she was pregnant or groom was aware power for copulation and only necessary incident
thereto the ability for procreation. Copulate means the
she was pregnant is not fraud
act of gratification of sexual desire by means of the
Concealment of sexually transmitted diseases union of two biological organs
If it is incurable Barrenness or sterility (inability to procreate),
Curable but concealed by the afflicted party during the impotence (physical inability o perform sexual
time of the marriage intercourse), sexual frigidity or weakness, are not
Party afflicted was not aware that they has STD, no grounds for annulment
fraud Potency is presumed and the burden of proof to prove
Concealment of Drug Addiction, Habitual Alcoholism, impotence rests upon the party alleging the existence of
Homosexuality or Lesbianism such condition
If not concealed, no fraud exists The following are the requisites in order that such
Not a ground for legal separation in the case of the incapacity be a ground for annulment:
latter since causes or grounds must exist after the Incapacity existed at the time of the marriage
marriage. celebration
Condonation of these acts is a defense for legal Continues up to the time of filing for annulment
separation Appears to be incurable
Only the injured party can file for annulment Must be unknown to the other party
Prescriptive period is five years after discovery of the Only the injured party may file for annulment
fraud
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Prescription period must be five years after the having legal charge of the minor, at any time before
celebration of marriage such party has reached the age of twenty-one;
It cannot be ratified due to the complete failure of the (2) For causes mentioned in number 2 of Article 45, by
the same spouse, who had no knowledge of the others
consideration of the contract of marriage (gratification
insanity; or by any relative or guardian or person
of sexual desire)
having legal charge of the insane, at any time before
(6) That either party was afflicted with a sexually-
the death of either party, or by the insane spouse
transmissible disease found to be serious and appears
during a lucid interval or after regaining sanity;
to be incurable. (85a)
(3) For causes mentioned in number 3 of Article 45, by
The grounds is not the concealment but the existed of the injured party, within five years after the discovery
the STD that is serious and incurable, and the other of the fraud;
party was not aware of the existence of such disease (4) For causes mentioned in number 4 of Article 45, by
The requisites for the validity of the grounds for the injured party, within five years from the time the
annulment: force, intimidation or undue influence disappeared or
STD must have existed at the time of the marriage ceased;
celebration (5) For causes mentioned in number 5 and 6 of Article 45,
It is found to be serious by the injured party, within five years after the
marriage. (87a)
It is appears to be incurable
It must be unknown to the other party at the time of the Art. 48. In all cases of annulment or declaration of absolute
marriage nullity of marriage, the Court shall order the prosecuting
The party who is not afflicted with the STD and not attorney or fiscal assigned to it to appear on behalf of the
aware of its existence is the only one allowed to file for State to take steps to prevent collusion between the parties
annulment and to take care that evidence is not fabricated or
Prescriptive period is five years after the celebration of suppressed.
the marriage In the cases referred to in the preceding paragraph, no
It cannot be ratified but action for annulment can be judgment shall be based upon a stipulation of facts or
barred by prescription confession of judgment. (88a)
Art. 49. During the pendency of the action and in the absence
Art. 46. Any of the following circumstances shall constitute of adequate provisions in a written agreement between the
fraud referred to in Number 3 of the preceding Article: spouses, the Court shall provide for the support of the
spouses and the custody and support of their common
(1) Non-disclosure of a previous conviction by final
children. The Court shall give paramount consideration to
judgment of the other party of a crime involving
the moral and material welfare of said children and their
moral turpitude;
choice of the parent with whom they wish to remain as
(2) Concealment by the wife of the fact that at the time of
provided to in Title IX. It shall also provide for appropriate
the marriage, she was pregnant by a man other than
visitation rights of the other parent. (n)
her husband;
(3) Concealment of sexually transmissible disease, The procedure governing the declaration of absolute
regardless of its nature, existing at the time of the nullity of void marriages or annulment of marriages is
marriage; or now governed by A.M 02-11-10-SC and 02-11-12-SC
(4) Concealment of drug addiction, habitual alcoholism Family courts have exclusive Jurisdiction to hear and
or homosexuality or lesbianism existing at the time of decide complaints for annulment and declaration of
the marriage. nullity of marriage
No other misrepresentation or deceit as to character, health,
rank, fortune or chastity shall constitute such fraud as will
Venue for petition must be the Family Court where the
give grounds for action for the annulment of marriage. (86a) petitioner or respondent has been residing for at least 6
months prior to the date of filing, or where he may be
Art. 47. The action for annulment of marriage must be filed found in the Philippines if party is a foreigner
by the following persons and within the periods indicated The Contents and form of the petition
herein:
Petition shall contain complete facts constituting course
(1) For causes mentioned in number 1 of Article 45 by the of action. In cases of Art 36, petitioner must specifically
party whose parent or guardian did not give his or her allege the complete facts showing that either or both
consent, within five years after attaining the age of parties were psychologically incapacitated from
twenty-one, or by the parent or guardian or person performing the essential obligations of marriage at the
time of the marriage celebration.
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Must contain the names and ages of the common validity of the marriage or of a legal separation, 3) any
children of the parties and the regime governing their ground for legal separation, 4) future support,
property relations. If there is no adequate agreement 5)jurisdiction of courts, and 6) future legitimes
between the parties, the petitioner may apply for a If the court grants the petition, it shall declare the
provisional order for spousal support, custody and decree of absolute nullity or annulment be issued only
support of common children, visitation rights, after compliance of Art. 50 and 51. The parties
administration of common or conjugal property and including the OSG and the public prosecutor shall be
oher matters requiring urgent attention served copies of decision personally or by registered
Petition must be verified (be signed personally by mail. If respondent summoned via newspaper did not
petitioner) and accompanied by a certification against appear, the dispositive part of the decision shall be
forum shopping (can be authenticated by a consul published once in a newspaper of gen. circ.
general, vice-consul, consul or consular agent if the Decision becomes final and executory upon 15 days
petitioner is in another country from the notice to the parties. Entry of judgment shall
Shall be filed in 6 copies, where a copy shall be served be made if there is no motion for reconsideration or
to the OSG, Office of the City or Provincial Prosecutor, new trial, or appeal is filed by any of the parties, the
within five days from the date of filing and and submit pub. pros, OSG. The Court shall issue the
to the court proof of such service within the same corresponding decree if the parties have no property. If
period. Failure to comply with this may be a ground for they have, then the rules of Liquidation, Partition and
the dismissal of the petition Distribution of Properties shall be observed. Entry of
The service of summons shall be governed by Rule 14 Judgment shall be made in the Local Civil Registry
where the marriage was recorded and the Fam. Court
of the Rules of Court. If the respondent cannot be
granting the petition.
located, the service of summons shall be served to him
via publication of once a week for 2 weeks of the No appeal shall be made unless the parties, the pub.
summons in a newspaper of general circulation in the pros, OSG has filed a motion for reconsideration within
Philippines, a copy shall also be sent to the last known 15 days from notice of judgment. Appeal shall be made
address of the petitioner via registered mail or means by filing of a notice of Appeal within 15 days
deemed fit by the Court. Upon receipt of petition, the Family Court shall proceed
The contents of the newspaper publication shall be: 1) with the Liquidation, Partition and Distribution of
title of the case, 2) docket number, 3) nature of the Properties, including custody, common children support
petition, 4) principal grounds for the petition and reliefs and deliverance of presumptive legitimes pursuant to
prayed for, 5) a directive for the respondent to answer Art 50 and 51.
within 30 days from the last issue of publication Failure to comply with Art 50 and 51 shall render the
When no answer is filed or the answer does not tender subsequent marriage null and void
an issue, the court shall order the public prosecutor to Decree shall be issued after compliance with the
investigate whether collusion exists between the parties, following requisites
and shall submit such report (noting if there is collusion Registration of entry of judgment in the Local Civil
or none) within one month following the receipt of such Registry where the marriage was recorded and the Fam.
order and shall furnish copies for the parties and their Court granting the petition
counsel. Registration of approved partition and distribution of
The parties shall file their comments on the finding properties of the spouses in the Registry of Deeds
collusion within 10 days from receipt of report. The where property is located
court shall set the report for hearing and shall dismiss Delivery of Childrens presumptive legitimes in cash,
the petition if it is found that there was collusion
property or sound securities
If there is no collusion, then the court shall set the case
The court shall quote in the decree the dispositive
for pre-trial. It shall be the duty of the Public Prosecutor
portion of the judgment entered and attach the decree of
to appear on behalf of the State on the pre-trial.
approved partition of property
If petitioner fails to appear during the pre-trial, the case
The court shall order the LCR to issue new birth
shall be dismissed unless his counsel or representative
certificates indicating the new status of the children,
appears and provides a valid excuse for the petitioners
except in cases of Art. 36 an 53
absence. If the respondent files his answer but fails to
appear, the pre-trial shall continue and the prosecutor The prevailing party shall cause the registration of the
shall investigate the non-appearance of the respondent Decree in the Local Civil Registry where the marriage
The court shall not allows compromise on prohibited was recorded and the Fam. Court granting the petition,
and in the NSO. They shall report compliance within 30
matters such as: 1) civil status of persons, 2) The
days from the receip of the copy of the decree. Failure
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
to register the decree shall render the subsequent Agreement between the parties,
marriage null and void Desire and ability of the parent to foster a loving and
If the party dies before entry of judgment, the court open relationship between parent and child
shall have the case closed and terminated, without Childs health, saferty and welfare,
prejudice to the settlement of the estate in proper
proceedings in regular courts. Void marriages can still History of child and spousal abuse
be assailed after the death of either party/ If the party Nature and frequency of contact between both parties
dies after the entry of judgment, the judgment shall be Habitual use of alcohol or regulated substances
binding upon the parties and their successors in the Marital misconduct
interest in the settlement of the estate in a regular court
Upon receipt of a verified petition, the court may issue
Most suitable physical, emotional, spiritual
psychological or educational environment
provisional remedies or protection order with or
without hearings, and may be enforced immediately Preference of child if over 7 years of age and has
with or without a bond for a period of time the court sufficient discernment, unless chosen parent is unfit
deems necessary Provisional custody may be awarded to:
In determining spousal support, the courts may be Both parents jointly
guided by: Either parent taking into consideration under foregoing
In absence of written agreement, the support shall be paragraph, especially choice of child if over 7 years of
provided from the property of absolute community or age and has sufficient discernment, unless chosen
conjugal relationship parent is unfit
Based on the standard of living of either parties, the Surviving grandparent, or preference of child if over 7
court may award support in such amount of time and years of age and has sufficient discernment, unless
amount as deemed fit chosen grandparent is unfit
Or based on the following factors: Oldest brother or sister over 21 years of age, unless
Custodian of child and not able to seek employment unfit or disqualified
Time for education and training for spouse to seek To any other person deemed by the court suitable to
employment provide proper care and guidance
Duration of marriage Visitation Rights
Comparative resources and earning capacity of the May be awarded to the parent who was not awarded
spouses provisional custody unless court declares it unfit or
Needs and obligations of each spouse disqualified by the court
Contribution of each spouse to the marriage, including
Hold Departure Order
services rendered Psnding resolution, no child may be brought out of the
Age and health of spouses country without prior order from the court, and may
issue under moto proprio or under application of oath
Physical and emotional conditions of each spouse ex-parte a hold departure order address to
Any other factor deemed by the court to be just and BImmigDeport of DoJ, directing not to allow the
equitable departure of the child without permission of court. Such
The Family Court may direct the deduction of order shall be furnished to BID and DFA within 24
provisional support from the salary of the spouse. hours from issuance using the fastest means available
Child Support shall be provided from the property of Shall contain:
absolute community or conjugal relationship or based the name, place of birth, and last place of residence of
on the following factors person against whom the hold departure order is issued,
Financial resources of the parents and of the child complete title and docket number of the case in which
Physical, emotional health, and special needs and the hold departure order was issued
aptitudes of the child specific nature of the case
Standard of living the child is accustomed to date of hold departure order
Non-monetary contributions that the parent will make If availablee a recent photograph of the person
toward the care and well being of the child The court can recall the order moto proprio or upon
Child Custody hall be based on what the court deems fit verification of any of the parties after summary hearing,
taking into consideration the health, best interests and subject to conditions for the best interest of the child
well being of the child. Or it may be based on Order of Protection
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
May be issued against any person by the Court For donations propter nuptias, if the marriage is
Administration of Common Property declared judicially void ab initio, the donor may revoke
If a spouse without just cause abandons the other or the donation. However, if the donation was made in the
marriage settlement, then the same shall be void if the
fails to comply with the obligations to his/her family,
marriage is declared voud ab initio. If the marriage is
the court may, upon the application of the aggrieved
declared void under Art. 40 (declaration of
party, to issue a provisional order appointing the
nullitysubsequent marriage contracted by a spouse of a
applicant or a third person as a receiver or sole
prior valid marriage before the latter is declared
administrator of the common property subject to the
judicially void), then the provisions under Art. 43 par. 2
precautionary conditions it may impose
apply on this case. If the marriage is void under Art. 44
Art. 50. The effects provided for by paragraphs (2), (3), (4) (both spouses acted in bad faith), then all the donations
and (5) of Article 43 and by Article 44 shall also apply in the shall be revoked by operation of law.
proper cases to marriages which are declared ab initio or
annulled by final judgment under Articles 40 and 45. Under the Insurance Code, the beneficiary designated
cannot be changed if the policy declares it as
The final judgment in such cases shall provide for the irrevocable. However, if marriage is declared void
liquidation, partition and distribution of the properties of the under Art. 40, then the provisions of Art. 43, par. 3
spouses, the custody and support of the common children, apply, hence the insured can revoke the rights of the
and the delivery of third presumptive legitimes, unless such beneficiary even if it is irrevocable.
matters had been adjudicated in previous judicial
proceedings. On the matter of right to inherit, if marriage is declared
void, the parties have no right to be the legal heir to
All creditors of the spouses as well as of the absolute
each other except when they are collateral blood
community or the conjugal partnership shall be notified of
relatives within the 5th civil degree. However, if
the proceedings for liquidation. In the partition, the conjugal
marriage is declared void under Art. 40, then the
dwelling and the lot on which it is situated, shall be
provisions of Art. 43, par. 5 apply. If spouse contracted
adjudicated in accordance with the provisions of Articles 102
marriage in bad faith, then he/she shall be disqualified
and 129.
from inheriting from the innocent spouse by testate and
The General rule is that if the marriage is void ab initio, intestate succession. If marriage is void under Art 44,
then it is ipso facto void without need for any judicial testamentary dispositions are revoked under operation
declaration (needed only in cases for remarriage) of law.
Judicial declaration of nullity of marriage retroacts to Art. 51. In said partition, the value of the presumptive
the date of the marriage celebration insofar as the legitimes of all common children, computed as of the date of
vindicum between the spouses. the final judgment of the trial court, shall be delivered in
cash, property or sound securities, unless the parties, by
Children born outside a valid marriage are illegitimate, mutual agreement judicially approved, had already provided
unless the law itself gives them legitimate status as in for such matters.
cases of Art 36 and 53 which gives the children The children or their guardian or the trustee of their
legitimate status. Article 54 also provides exception to property may ask for the enforcement of the judgment.
children born under Article 36. They shall be under the
parental authority of their mother, even if the father The delivery of the presumptive legitimes herein prescribed
admits paternity. shall in no way prejudice the ultimate successional rights of
the children accruing upon the death of either of both of the
One of the effects of the declaration of nullity of parents; but the value of the properties already received
marriage is the separation of the property of the spouses under the decree of annulment or absolute nullity shall be
according to the applicable property regime. In a void considered as advances on their legitime. (n)
marriage, the property relation of either parties during
the period of cohabitation is governed by the provisions Decree for declaration of absolute nullity or annulment
under 137 and 138, as the case may be. In the of marriage shall not be issued unless these
liquidation and partition of the property owned in requirements following are complied with. Failure to
common by the parties in a void marriage, the comply with these requirements shall render the
provisions on co-ownership under the NCC applies, not subsequent marriage null and void, partition and
Art. 50-52 in relation to 102 and 129 FC. Article 50 distribution of the properties of marriage shall not affect
makes explicit terms to the applicability of provisions third persons
under Art. 43 par. 2 to avoid marriages under Art. 40.

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on Persons and Family Relations
o Registration of the entry of judgement granting Legal Separation does not sever the marriage bond unlike
the petition for declaration of absolute nullity annulment and divorce, the reasons for separation happen after
or annulment of marriage in the Civil Registrar the marriage like that of divorce. In annulment, the reasons exist
where the Family Court is located during the celebration of the marriage
o Registration of the approved petition and
distribution of the properties of the spouses., in Art. 55. A petition for legal separation may be filed on any of
the proper Registry of Deeds where the the following grounds:
properties are located.
(1) Repeated physical violence or grossly abusive conduct
o Delivery of the childrens presumptive directed against the petitioner, a common child, or a
legitimes in cash, property or sound securities/ child of the petitioner;
After the forementioned requirements have been same is true if physical violence is in the form of an
attempt on the life of the petitioner
complied, the prevailing party shall be entitled to issue
- psychological, sexual and repeated verbal abuse also fall
a Decree for declaration of absolute nullity or
under grossly abuse conduct
annulment of marriage. He/she is required however to
- sexual violence are acts which are sexual in nature,
cause the registration of the Decree in the Local Civil
committed against the women or children
Registrar where the marriage was celebrated, where the
(2) Physical violence or moral pressure to compel the
Family Court is located, and on the National Census
petitioner to change religious or political affiliation;
and Statistics Office. The registered decree shall be the
must be directed against the petitioner
best proof for the declaration of absolute nullity or
(3) Attempt of respondent to corrupt or induce the
annulment of marriage.
petitioner, a common child, or a child of the petitioner,
If the children were born before the judgement becomes to engage in prostitution, or connivance in such
final and executory, declaring the marriage null and corruption or inducement;
void, they are legitimate. Children born of void (4) Final judgment sentencing the respondent to
marriages are illegitimate except in Article 53 and 36, imprisonment of more than six years, even if
where they are considered legitimate. The Family Court pardoned;
shall order the Local Civil Registrar to issue an (5) Drug addiction or habitual alcoholism of the
amended birth certificate showing the new status of the respondent;
children, except as mentioned in Art. 53 and 36. must not be concealed and must have existed after the
celebration of the marriage
Art. 52. The judgment of annulment or of absolute nullity of (6) Lesbianism or homosexuality of the respondent;
the marriage, the partition and distribution of the properties must not be concealed and must have existed after the
of the spouses and the delivery of the childrens presumptive celebration of the marriage
legitimes shall be recorded in the appropriate civil registry (7) Contracting by the respondent of a subsequent
and registries of property; otherwise, the same shall not bigamous marriage, whether in the Philippines or
affect third persons. (n) abroad;
Art. 53. Either of the former spouses may marry again after remedy of the spouse in the prior marriage
compliance with the requirements of the immediately (8) Sexual infidelity or perversion;
preceding Article; otherwise, the subsequent marriage shall must be in the form of adultery (wife) or concubinage
be null and void. (husband)
under Civil Code concubinage must either 1) keep the
Art. 54. Children conceived or born before the judgment of
mistress in the conjugal dwelling, 2) have sexual
annulment or absolute nullity of the marriage under Article
intercourse, under scandalous circumstances, with a
36 has become final and executory shall be considered
woman who is not his wife, 3) cohabit with her under any
legitimate. Children conceived or born of the subsequent
place. Adultery in this case only a single act of sexual
marriage under Article 53 shall likewise be legitimate.
intercourse by a wife with another man not her husband.
However Article 55, Sec 8 now allows for legal
TITLE II
separation solely on a single act of sexual intercourse by
either spouse as sexual infidelity
LEGAL SEPARATION perversion unusual or abnormal sexual practices which
Legal Separation- legal remedy available to parties in a valid but may be offensive to the feelings or decency of either
failed marriage for the purpose of obtaining a decree from the husband or wife. Usage of physical force, harm or
court entitling them to certain reliefs such as living separately intimidation against the wife also falls or constitutes a
from each other. crime under R.A. 9262

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(9) Attempt by the respondent against the life of the refers to the cooling period in order for the court to take
petitioner; or steps to have the parties reconcile. The court shall
required is the intent to kill remain passive and is precluded from hearing the suit
(10) Abandonment of petitioner by respondent without Art. 59. No legal separation may be decreed unless the Court
justifiable cause for more than one year. has taken steps toward the reconciliation of the spouses and
voluntary separating from one another with no intent of is fully satisfied, despite such efforts, that reconciliation is
returning to live together as husband and wife, and must highly improbable. (n)
be 1) under unjustifiable cause, 2) must be for more than
1 year Art. 60. No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment.
For purposes of this Article, the term child shall include a In any case, the Court shall order the prosecuting attorney
child by nature or by adoption. (9a) or fiscal assigned to it to take steps to prevent collusion
between the parties and to take care that the evidence is not
Art. 56. The petition for legal separation shall be denied on fabricated or suppressed. (101a)
any of the following grounds:
(1) Where the aggrieved party has condoned the offense based on the fact of that the institution of marriage is
or act complained of; sacred and that marriage is more than a mere contract
conditional forgiveness or remission of one spouse of between parties
the matrimonial spouse of the other Confession of judgement takes place when the
cohabitation as husband and wife, after the commission defendant appears in court and confesses the right of
of the offense, with knowledge or belief on the part of the plaintiff to judgement or files a pleading expressly
injured party, will amount to conclusive evidence to agreeing to the plaintiffs demand
cohabition When no answer is filed by the respondent in a legal
(2) Where the aggrieved party has consented to the separation case, the prosecuting attorney shall take
commission of the offense or act complained of; steps to prevent collusion between parties, and to see to
agreement or conformity of one party to the it that the evidence is not fabricated or suppressed,
commission of the act which would be a ground for legal which must be done within one month following the
separation receipt of such order and shall furnish copies for the
(3) Where there is connivance between the parties in the parties and their counsel. The parties shall file their
commission of the offense or act constituting the comments on the finding collusion within 10 days from
ground for legal separation; receipt of report. The court shall set the report for
agreement of both parties to the commission of the act hearing and shall dismiss the petition if it is found that
which would be a ground for legal separation there was collusion. If there is no collusion, then the
must be in the act of mind before the commission of the court shall set the case for pre-trial. It shall be the duty
marital offense of the Public Prosecutor to appear on behalf of the State
(4) Where both parties have given ground for legal on the pre-trial.
separation;
the petition for legal separation must be dismissed
Art. 61. After the filing of the petition for legal separation,
(5) Where there is collusion between the parties to obtain the spouses shall be entitled to live separately from each
decree of legal separation; or other.
agreement between husband and wife to commit, or to The court, in the absence of a written agreement between the
be represented in court to have committed, for the spouses, shall designate either of them or a third person to
purpose of obtaining of a divorce or legal separation administer the absolute community or conjugal partnership
(6) Where the action is barred by prescription. (100a) property. The administrator appointed by the court shall
within five years from the time of the occurance of the have the same powers and duties as those of a guardian
cause, otherwise prescription is barred under the Rules of Court. (104a)
Death shall cause the case to be closed and terminated Art. 62. During the pendency of the action for legal
without prejudice to the settlement of the estate proper separation, the provisions of Article 49 shall likewise apply to
proceedings in the regular courts. the support of the spouses and the custody and support of
Art. 57. An action for legal separation shall be filed within the common children. (105a)
five years from the time of the occurrence of the cause. (102)
The Court the court may issue provisional remedies or
Art. 58. An action for legal separation shall in no case be protection order with or without hearings, and may be
tried before six months shall have elapsed since the filing of enforced immediately with or without a bond for a
the petition. (103)
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Civil Law Examination Reviewer
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on Persons and Family Relations
period of time the court deems necessary, similar to Art. 65. If the spouses should reconcile, a corresponding joint
what is mentioned in Article 49. manifestation under oath duly signed by them shall be filed
with the court in the same proceeding for legal separation.
(n)
Art. 63. The decree of legal separation shall have the
following effects:
While proceeding is pending, proceeding is terminated

(1) The spouses shall be entitled to live separately from


After granting petition but before issuance, the court
each other, but the marriage bonds shall not be shall immediately issue a decree of Reconciliation
severed; declaring the proceeding set aside and specifying the
(2) The absolute community or the conjugal partnership revival of the previous property regime
shall be dissolved and liquidated but the offending Spouses are entitled to join custody of children
spouse shall have no right to any share of the net Spouses are entitled to inherit by intestate
profits earned by the absolute community or the Provisions in the will favoring the innocent spouse shall
conjugal partnership, which shall be forfeited in be revived automatically
accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to
Revocation of donation shall not be set aside
the innocent spouse, subject to the provisions of Separation of property and any forfeiture in favor of the
Article 213 of this Code; and guilty pouse already effected shall subsist unless parties
Shall be the parent designated by the Court, based on agree to revive their old property regime
all the relevant considerations, especially the childs
choices when >7 y.o., unless chosen parent is unfit Art. 66. The reconciliation referred to in the preceding
No child under 7 y.o. shall be separated from the Articles shall have the following consequences:
mother unless he court finds a compelling reason for (1) The legal separation proceedings, if still pending, shall
such thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside,
(4) The offending spouse shall be disqualified from but the separation of property and any forfeiture of
inheriting from the innocent spouse by intestate the share of the guilty spouse already effected shall
succession. Moreover, provisions in favor of the subsist, unless the spouses agree to revive their former
offending spouse made in the will of the innocent property regime.
spouse shall be revoked by operation of law. (106a)
Does not affect validity of donations propter nuptias by The courts order containing the foregoing shall be recorded
innocent spouse in favor of the offender spouse in the proper civil registries. (108a)
Mutual support between spouses ceases upon finality of Art. 67. The agreement to revive the former property regime
decree for legal separation. The court may however referred to in the preceding Article shall be executed under
order the guilty spouse to provide support for the oath and shall specify:
innocent spouse.
(1) The properties to be contributed anew to the restored
Surname will remain the same regime;
(2) Those to be retained as separated properties of each
Art. 64. After the finality of the decree of legal separation, spouse; and
the innocent spouse may revoke the donations made by him (3) The names of all their known creditors, their
or by her in favor of the offending spouse, as well as the addresses and the amounts owing to each.
designation of the latter as beneficiary in any insurance The agreement of revival and the motion for its approval
policy, even if such designation be stipulated as irrevocable. shall be filed with the court in the same proceeding for legal
The revocation of the donations shall be recorded in the separation, with copies of both furnished to the creditors
registries of property in the places where the properties are named therein. After due hearing, the court shall, in its
located. Alienations, liens and encumbrances registered in order, take measure to protect the interest of creditors and
good faith before the recording of the complaint for such order shall be recorded in the proper registries of
revocation in the registries of property shall be respected. properties.
The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written The recording of the ordering in the registries of property
notification thereof to the insured. shall not prejudice any creditor not listed or not notified,
unless the debtor-spouse has sufficient separate properties to
The action to revoke the donation under this Article must be satisfy the creditors claim. (195a, 108a)
brought within five years from the time the decree of legal
separation become final. (107a)

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Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
TITLE III danger, dishonor or injury to the other or to the family, the
aggrieved party may apply to the court for relief. (116a)
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND
AND WIFE When spouse leaves conjugal dwelling:
Art. 68. The husband and wife are obliged to live together, Our laws have no provision to compel the wife to live
observe mutual love, respect and fidelity, and render mutual with the husband. However the husband may avail of
help and support. (109a) the option under Article 198 FC. As such, the husband
can cut the support of his wife if she refuses to live with
Cohabitation or living together as husband and wife is a him without just cause and without any moral or legal
basic ground rule for marriage. It is the public obstacle
assumption that they live together as husband and wife If there is no intent to return, then the remaining spouse
It also includes the right to sexual intimacy from the may petition the court for receivership wherein there
other spouse, as one of the essential marital obligations will be judicial separation of property or the remaining
is the procreation of children through sexual spouse shall be the sole administrator of the conjugal
cooperation. If they are legally separated, the husband property
can be sued for rape if he attempts to make his wife When spouse commits acts of sexual infidelity
submit to him May be a ground for legal separation, as well as
grounds for criminal liability of concubinage or
Art. 69. The husband and wife shall fix the family domicile. adultery. The aggrieved spouse may also ask the court
In case of disagreement, the court shall decide. for injunction to stop the other spouse from further
disposition of property aside from judicial separation of
The court may exempt one spouse from living with the other property or the remaining spouse shall be the sole
if the latter should live abroad or there are other valid and administrator of the conjugal property (in cases where a
compelling reasons for the exemption. However, such philandering spouse squanders the family property)
exemption shall not apply if the same is not compatible with
When spouse sells conjugal or community property
the solidarity of the family. (110a)
without the others consent
The spouse who refuses to live with the other without The aggrieved spouse may also ask the court for
just cause is not entitled to separate maintenance or injunction to stop the other spouse from further
support disposition of property without the others consent
aside from receivership for the judicial separation of
property or for the remaining spouse to be the sole
Art. 70. The spouses are jointly responsible for the support of administrator of the conjugal property
the family. The expenses for such support and other conjugal
obligations shall be paid from the community property and,
When spouse commits violation of R.A. 9262
in the absence thereof, from the income or fruits of their The wife may obtain protection orders from the
separate properties. In case of insufficiency or absence of barangay or the court to prevent further violent acts
said income or fruits, such obligations shall be satisfied from against her, her children and to provide other reliefs
the separate properties. (111a) under Article 8 of RA. 9262 or the Anti-Violence
against Women and Their Children Act of 2004
Expenses of the family are chargeable with the
following:
community property and, in the absence thereof, Art. 73. Either spouse may exercise any legitimate
profession, occupation, business or activity without the
the income or fruits of their separate properties consent of the other. The latter may object only on valid,
the separate properties of the spouses serious, and moral grounds.
Expenses of the family are to be managed by both
husband and wife based on the FC In case of disagreement, the court shall decide whether or
not:
(1) The objection is proper; and
Art. 71. The management of the household shall be the right
and the duty of both spouses. The expenses for such (2) Benefit has occurred to the family prior to the
management shall be paid in accordance with the provisions objection or thereafter. If the benefit accrued prior to the
of Article 70. (115a) objection, the resulting obligation shall be enforced
against the separate property of the spouse who has not
Art. 72. When one of the spouses neglects his or her duties to obtained consent.
the conjugal union or commits acts which tend to bring

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on Persons and Family Relations
The foregoing provisions shall not prejudice the rights of celebration of the marriage, subject to the provisions of
creditors who acted in good faith. (117a) Articles 66, 67, 128, 135 and 136. (121)
Art. 77. The marriage settlements and any modification
thereof shall be in writing, signed by the parties and
executed before the celebration of the marriage. They shall
not prejudice third persons unless they are registered in the
local civil registry where the marriage contract is recorded
as well as in the proper registries of properties. (122a)
TITLE IV
Art. 78. A minor who according to law may contract
PROPERTY RELATIONS BETWEEN HUSBAND AND marriage may also execute his or her marriage settlements,
WIFE but they shall be valid only if the persons designated in
Article 14 to give consent to the marriage are made parties to
Chapter 1. General Provisions the agreement, subject to the provisions of Title IX of this
Code. (120a)

Art. 74. The property relationship between husband and wife Art. 79. For the validity of any marriage settlement executed
shall be governed in the following order: by a person upon whom a sentence of civil interdiction has
been pronounced or who is subject to any other disability, it
(1) By marriage settlements executed before the shall be indispensable for the guardian appointed by a
marriage; competent court to be made a party thereto. (123a)
(2) By the provisions of this Code; and
(3) By the local custom. (118) A marriage settlement or ante nuptial contract is a
contract which is entered into before, but in
The law allows the spouses to fix their property consideration and contemplation of marriage, where the
relations during the marriage through a device known property relations of marriage are fixed and determined.
as marriage settlement subject only to the condition that The marriage settlement itself or its modifications
whatever settlement they may have must be within the thereto must be made prior to the celebration of
limits provided by this Code. marriage. It is however possible for the parties to
In the absence of a marriage settlement or when the modify their agreement in their settlement by resorting
property regime agreed upon by the spouses in their to complete separation of property pursuant to the
marriage settlement is void, the provisions in the provisions of Art. 135 or 136 FC. Also, if one of the
Family Code shall govern the property relations parties to the marriage is suffering from civil
between the spouses. interdiction or any incapacity to give consent, it is
indispensable for the guardian appointed by a
The future spouses may agree upon the regime of component court to be made a part of party thereto,
absolute property, conjugal partnership of gains, otherwise the settlement is void
complete separation of property, or any other regime
The law requires that the settlements and any
that is not contrary to law, customs, public order and
public policy. modifications to be made be done in writing. Prior to
the FC, marriage settlements were governed by Art. 122
Prior to the Family code, the system of relative NCC. Notwithstanding express provisions in the
community or conjugal property governs in absence of present article, the marriage settlements and its
a marriage settlement. Now, the system of absolute modifications shall be governed by Statute of Frauds
community or conjugal property governs in absence of under Art.1403, par 2 sub-par C: Any agreement made
a marriage settlement or if the settlement is void. in the consideration of the marriage, other than a mutual
promise to marry.
Art. 75. The future spouses may, in the marriage settlements, A contract that infringes the Statute of Frauds is not
agree upon the regime of absolute community, conjugal
void but unenforceable, it must be ratified. An oral
partnership of gains, complete separation of property, or any
marriage contract is unenforceable since its existence
other regime. In the absence of a marriage settlement, or
cannot be proven without a written agreement.
when the regime agreed upon is void, the system of absolute
community of property as established in this Code shall For a marriage settlement to affect third persons, it is
govern. (119a) necessary that it be in writing and registered in the local
civil registry and proper registries of property.
Art. 76. In order that any modification in the marriage
settlements may be valid, it must be made before the
Art. 80. In the absence of a contrary stipulation in a
marriage settlement, the property relations of the spouses
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on Persons and Family Relations
shall be governed by Philippine laws, regardless of the place settlement itself, it only gives rise to the cause to revoke
of the celebration of the marriage and their residence. to which if not revoked shall remain valid
This rule shall not apply: The rule does not apply to any provision where the its
validity does not depend on the celebration of the
(1) Where both spouses are aliens; marriage.
(2) With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines and Chapter 2. Donations by Reason of Marriage
executed in the country where the property is located;
and
(3) With respect to the extrinsic validity of contracts Art. 82. Donations by reason of marriage are those which are
entered into in the Philippines but affecting property made before its celebration, in consideration of the same,
situated in a foreign country whose laws require and in favor of one or both of the future spouses. (126)
different formalities for its extrinsic validity. (124a)
Donations propter nuptias are those made before the
This rule shall not apply in these cases: celebration of marriage, in consideration of the same
and in favor of one or both spouses
o If there is contrary stipulation in the marriage
settlement
The following requisites are required before a donation
can be considered as donation propter nuptias:
o With respect to the extrinsic validity of
contracts affecting property not situated in the
o Must be made before the celebration of the
Philippines and executed in the country where marriage
the property is located; and o Must be made in the consideration of the
o With respect to the extrinsic validity of marriage
contracts entered into in the Philippines but o Must be in favor of one or both spouses
affecting property situated in a foreign country The marriage is a consideration but not necessary to
whose laws require different formalities for its give birth to the obligation (Art. 86 par 1 FC). This
extrinsic validity. donation would remain valid if the proper action were
The future spouses are free to stipulate in their not instituted or not instituted before the lapse of the
settlement what laws shall govern their property statutory period for prescription
relations especially if they are residents in a foreign
country. However, that with respect to the mandatory
Art. 83. These donations are governed by the rules on
provisions of the FC, that shall govern since the
ordinary donations established in Title III of Book III of the
freedom of the spouses to stipulate must be gone within
Civil Code, insofar as they are not modified by the following
the limits provided by the FC
articles. (127a)
Philippine laws shall not apply to contracts in relations
properties not located in the Philippines, Following Under the Civil Code, the donations propter nuptias
Art. 16 NCC, the issues relating property, whether were governed under the Statute of Frauds under Art.
personal or real, shall be governed by the law where 122 NCC. Under the Family Code, the sames formal
such property is located. requirements must follow Articles 748 and 749 NCC,
Above provisions also apply if one of the parties in the otherwise such donations shall be void.
marriage is a Filipino citizen. If what is donated is personal property has a value that
exceeds than 5,000 pesos, the law requires that such
Art. 81. Everything stipulated in the settlements or contracts acceptable also be in writing, otherwise the donation is
referred to in the preceding articles in consideration of a void. If donations are real property, the law requires
future marriage, including donations between the that the acceptance must be in a public instrument and
prospective spouses made therein, shall be rendered void if if it is made in a separate instrument, there is an
the marriage does not take place. However, stipulations that additional requirement that the donor be notified in an
do not depend upon the celebration of the marriages shall be authentic form and this step should be noted in both
valid. (125a) instruments, otherwise the donations shall be void

The celebration of marriage is a condition sine qua non


for the validity of the marriage settlement. Art. 84. If the future spouses agree upon a regime other than
the absolute community of property, they cannot donate to
In donations propter nuptias, the fact that the marriage
each other in their marriage settlements more than one-fifth
did not take place does not render the donation void,
of their present property. Any excess shall be considered
except if the donation is contained in the marriage
void.

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Donations of future property shall be governed by the Donations propter nuptias are valid except if made in
provisions on testamentary succession and the formalities of the marriage settlement
wills. (130a) Non-celebration of the marriage only gives grounds for
Donations propter nuptias must be made by either or revocation of such donations
both of the spouses,
If the donation is to be made by one of the future (2) When the marriage takes place without the consent of
spouses in favor of the other in a marriage settlement, the parents or guardian, as required by law;
such donation must not exceed one fifth of the present (3) When the marriage is annulled, and the donee acted
property of the donor, if the property regime agreed in bad faith;
upon in the marriage settlement is other than absolute (4) Upon legal separation, the donee being the guilty
community. The excess shall be void. If it is absolute spouse;
community, then there is no limitation. The reason is (5) If it is with a resolutory condition and the condition is
that in absolute community, both spouses are co-owners complied with;
of all the property at the time of the marriage or (6) When the donee has committed an act of ingratitude
thereafter, unless otherwise provided in Art. 92 or in the as specified by the provisions of the Civil Code on
marriage settlement. donations in general. (132a)
In the situation where he future spouses agreed upon a If marriage is judicially declared void ab initio,
regime other than absolute community but the donation donations shall remain valid but such grounds gives rise
propter nuptias by one spouse in favor of the other is for revocation. If it is declared void ab initio under Art.
not contained in the marriage settlement, the one fifth 40 FC, then such donations is revoked under operation
rules shall apply as long as the regime is not absolute of law (due to Art. 50 making Art. 43 and 44 applicable
community. The reason based on the policy that no for marriages void under Art. 40)
spouse should be allowed to take advantage of the love If marriage is annulled, the donee in bad faith gives
and feelings of the other to acquire property from the grounds for the donor to revoke the donation. To give
latter rise to a cause for revocation, the rule is that voidable
Donations propter nuptias for future property are not marriage must be annulled.
prohibited, however they will be governed by If there is legal separation, the innocent spouse has the
provisions on testamentary succession and formalities right to revoke donation.
of wills which are effective after the death of the If a donation is subject to a resolutory condition and the
spouse. condition is fulfilled, the donor acquires a right to
revoke the donation
Art. 85. Donations by reason of marriage of property subject Donations are revocable by reason of ingratitude based
to encumbrances shall be valid. In case of foreclosure of the on presumed will of the donor as a penalty for failing to
encumbrance and the property is sold for less than the total observe the moral imperatives that devolve upon him
amount of the obligation secured, the donee shall not be by virtue of benefit received from donation. Such acts
liable for the deficiency. If the property is sold for more than are those referred in Art. 765 NCC (Offense against the
the total amount of said obligation, the donee shall be person, the honor or property of the donor, or of his
entitled to the excess. (131a) wife, children under his parental authority; donor
imputes to the donor criminal offense of moral
Donations propter nuptias are subject to encumbrance turpitude, even though he should prove it unless crime
since it does not divest the ownership of the property is against the donee, his wife or children under his
donated. In case of foreclosure, if the proceeds of the parental authority; unduly refusal of the donee to
sale of property are not sufficient. The donee is not support the donor even though he is legally and morally
liable to the donors creditor sice the donee is not the bound to do so)
debtor. If the proceeds are in excess, the donee is Except those under Art, 86(4) and 64, the FC does not
entitled to the excess since he is now owner of the give a prescription period for actions to revoke
property donations. Under Art. 64, the innocent spouse may
revoke the donations made by him in favor of the
offending spouse after the finality of the declaration of
Art. 86. A donation by reason of marriage may be revoked
legal separation, where it must be within 5 years after
by the donor in the following cases:
the decree is final. For acts of ingratitude under Art. 86
(1) If the marriage is not celebrated or judicially declared (6), the period is one year for revocation of donations
void ab initio except donations made in the marriage and donations p.n.
settlements, which shall be governed by Article 81;

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Art. 87. Every donation or grant of gratuitous advantage, marriage settlement. This regime governs in the
direct or indirect, between the spouses during the marriage following circumstances:
shall be void, except moderate gifts which the spouses may If the regime in the settlement is absolute community,
give each other on the occasion of any family rejoicing. The then the provisions of the settlement shall govern the
prohibition shall also apply to persons living together as property relations between spouses as long as they do
husband and wife without a valid marriage. (133a) not violate mandatory provisions of the FC and are not
Donating to each other is prohibited during the contrary to public morals and policy. In all matters
outside the FC, the provisions under Art. 484 to 501
marriage. However, such rule is not absolute as it
shall also apply.
recognizes the validity of moderate gifts during family
rejoicing. If the regime in the settlement applies to the spouses by
Husband and wife are prohibited from selling property default and persuant to provisions of Art. 75, then the
provisions on the FC regarding absolute community
to each other, such sale is deemed void, except under
shall govern and the provisions of the NCC on co-
Art. 1490 NCC under the following conditions (due to
ownership shall apply in a supplementary manner.
the remoteness of danger of fraud in contracts of sale
that may be celebrated between husband and wife): Whether A.C of property is agreed upon in the
o When a separation of property was agreed settlement or by default, it shall apply automatically the
precise moment the marriage is celebrated. Any
upon in the marriage settlements
agreement that this regime shall commence at any other
o Where there has been a judicial separation of time is void
property under Art. 135 and 136 FC
In Abalos vs. Macatangay Jr, the court explained the
Such exceptions do not apply in the prohibition
nature of interest of each spouse in the conjugal
between spouses from donating to each other under Art. partnership prior to liquidation.
87 unless their regime is complete separation of o The interest of each spouse is limited to the net
property or otherwise.
remainder or remanente liquid (haber
The spouses are prohibited from leasing each other ganancial) resulting from the liquidation of the
parcels of land as stated in Art. 1646 NCC. affairs of the partnership after its dissolution.
Thus the right of the spouse to one-half of the
Chapter 3. System of Absolute Community conjugal assets does not vest until the
dissolution and liquidation of the conjugal
Section 1. General Provisions partnership, or after the dissolution of the
Art. 88. The absolute community of property between marriage, it is finally determined that there are
spouses shall commence at the precise moment that the net assets left (after settlement of conjugal
marriage is celebrated. Any stipulation, express or implied, obligations) which can be divided between
for the commencement of the community regime at any other spouses or their respective heirs.
time shall be void. (145a) The same principle may likewise apply in regime of
Art. 89. No waiver of rights, shares and effects of the absolute community with respect to the share of each
absolute community of property during the marriage can be spouse in the community prior to dissolution and
made except in case of judicial separation of property. liquidation.
The right of each spouse to the remaining assets of the
When the waiver takes place upon a judicial separation of community already ripens to a title after payment of
property, or after the marriage has been dissolved or obligation and thus subject to valid renunciation. Such
annulled, the same shall appear in a public instrument and waiver of interest of share in the AC of property after
shall be recorded as provided in Article 77. The creditors of dissolution of marriage or its annulment or in the case
the spouse who made such waiver may petition the court to of judicial declaration of property, as required by the
rescind the waiver to the extent of the amount sufficient to Code, must be in a public instrument and recorded in
cover the amount of their credits. (146a) the LCR where the marriage contract is recorded and in
Art. 90. The provisions on co-ownership shall apply to the the proper registries of property. This is so as to protect
absolute community of property between the spouses in all the interests of third persons who may be prejudiced by
matters not provided for in this Chapter. (n) such waiver

In absolute community, the spouses are considered co- Section 2. What Constitutes Community Property
owners of all property brought into and acquired Art. 91. Unless otherwise provided in this Chapter or in the
during the marriage which are not excluded from the
marriage settlements, the community property shall consist
community by either provision of the FC or by the of all the property owned by the spouses at the time of the
celebration of the marriage or acquired thereafter. (197a)
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The spouses may agree to exclude from their o Properties acquired by either spouse before the
community property those properties they have at the marriage which have been excluded from the
time of their marriage celebration and include only absolute community in the marriage settlement
properties they acquire after the marriage. The fruits o Property acquired during the marriage through
and income of these properties shall be included in the gratuitous title by either spouse, and its fruits
community property if there is a lack of agreement that and income, unless provided by donor, testator
is stipulated in their marriage settlement. or grantor that they shall be part of the
community property
Art. 92. The following shall be excluded from the community
o Property for personal and exclusive use by
property: either spouse, except jewelry that shall form
part of community.
(1) Property acquired during the marriage by gratuitous o Property acquired before the marriage by the
title by either spouse, and the fruits as well as the spouse through a legitimate descendants by a
income thereof, if any, unless it is expressly provided former marriage and fruits and income of such
by the donor, testator or grantor that they shall form property
part of the community property;
All properties acquired during the marriage belong to
(2) Property for personal and exclusive use of either
the community property except:
spouse. However, jewelry shall form part of the
community property; o They must be acquired during the marriage
(3) Property acquired before the marriage by either o They must be acquired by either spouse
spouse who has legitimate descendants by a former o Donor, testator or grantor expressly provides
marriage, and the fruits as well as the income, if any, that they shall form part of the community of
of such property. (201a) property.
For properties acquired through gratuitous title to be
Art. 93. Property acquired during the marriage is presumed considered as separate and exclusive, the following
to belong to the community, unless it is proved that it is one requisites are required:
of those excluded therefrom. (160)
Par. 1 of Art 92 excludes property acquired through
Presumption in favor of community property should not gratuitous title excluded from absolute community only
only include the properties acquired during the if acquisition is made by either spouse. Such property
marriage. By the nature of this regime, which consists shall be governed by Art. 113 NCC if it is conjugal and
of all properties of the spouses, which acquired before by Art. 753 if it is conjugal. The fruits shall remain
or during the marriage, the presumption in favor of the separate
community must relate to all properties and not just Only properties acquired during the subsequent
those acquired after the marriage. marriage shall be included in the community property.
In conjugal partnership to be presumed operating in Properties acquired from a legitimate descendant by a
favor of conjugality under Art. 116 FC, it must be prior marriage are excluded and cannot be included in
necessary that the party invoking this presumption must absolute community by marriage settlement due to the
prove such property in controversy was acquired during limits set forth by the Family Code
marriage. Proof of acquisition during the coverture is a Proceeds of separate property of either spouse that is
condition sine qua non for the operation of the sold or exchanged for another shall be part of the
presumption in favor of the conjugal partnership community property following Art. 91 if the property is
In absolute community, all properties of the spouses are excluded by marriage settlement and in the absence of
included in the community property. In this case, it is any agreement. However, if the properties are separate
submitted as a rule that the proof of acquisition must by reason of mandatory provisions of law especially
not be considered a condition sine qua non for the under Art. 92, the proceeds shall remain separate from
operation in presumption of in favor of absolute the community property.
community.
The separate and exclusive properties are those which
are not included in the absolute community over which Section 3. Charges and Obligations of the Absolute
the spouse-owner retain ownership, possession, Community
administration and enjoyment. The following are Art. 94. The absolute community of property shall be liable
considered as separate and exclusive: for:
(1) The support of the spouses, their common children,
and legitimate children of either spouse; however, the

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support of illegitimate children shall be governed by (9) Ante-nuptial debts of either spouse other than those
the provisions of this Code on Support; falling under paragraph (7) of this Article, the support
Support of illegitimate children of either spouse of illegitimate children of either spouse, and liabilities
shall come from the exclusive property of the incurred by either spouse by reason of a crime or a
illegitimate-parent spouse, and in case of quasi-delict, in case of absence or insufficiency of the
insufficiency or absence of exclusive property, shall exclusive property of the debtor-spouse, the payment
be taken from the community property and will be of which shall be considered as advances to be
considered as advances to be deducted from the deducted from the share of the debtor-spouse upon
share of each parent upon liquidation of the absolute liquidation of the community; and
community (10) Expenses of litigation between the spouses unless the
(2) All debts and obligations contracted during the suit is found to be groundless.
marriage by the designated administrator-spouse for
the benefit of the community, or by both spouses, or If the community property is insufficient to cover the
by one spouse with the consent of the other; foregoing liabilities, except those falling under paragraph (9),
The absolute community shall be liable for the the spouses shall be solidarily liable for the unpaid balance
with their separate properties. (161a, 162a, 163a, 202a-205a)
following debts and obligations contracted during
the marriage:
o Designated administrator-spouse for the Art. 95. Whatever may be lost during the marriage in any
benefit of the community game of chance, betting, sweepstakes, or any other kind of
o Both spouses gambling, whether permitted or prohibited by law, shall be
o Either spouse with the consent of the other borne by the loser and shall not be charged to the
o Either spouse without the consent of the community but any winnings therefrom shall form part of
other to the extent that the family may have the community property. (164a)
benefited,
(3) Debts and obligations contracted by either spouse
The following are obligations are chargeable to the
without the consent of the other to the extent that the exclusive properties of the debtor-spouse:
family may have been benefited; o Support of illegitimate children
(4) All taxes, liens, charges and expenses, including major o Debts contracted by designator
or minor repairs, upon the community property; administrator-spouse during the marriage
For taxes and expenses incurred during the marriage that did not benefit the community
for the preservation of the property of a separate o Ante nuptial debts of either spouse that did
property of the spouse (not improvements and not redound to the benefit of the family
embellishments, even if used by the family), the o Debts contracted during the marriage by
same shall be charged if such separate property has either spouse without the consent of the
been used by the family other that did not redound to the benefit of
(5) All taxes and expenses for mere preservation made the family
during marriage upon the separate property of either o Taxes and expenses incurred for the
spouse used by the family; preservation of the of a separate property
(6) Expenses to enable either spouse to commence or of either spouse which is not being used by
complete a professional or vocational course, or other the family
activity for self-improvement; o Civil liability of either spouse arising from
Includes either spouse and their common legitimate crime or quasi-delict
children o Expenses of litigation between spouses, if
(7) Ante-nuptial debts of either spouse insofar as they suit is found to be groundless
have redounded to the benefit of the family; o Losses during the marriage in any game of
The absolute community shall be liable only if it can chance, betting, sweepstakes, or any kind
be proven that such debt has redounded to the of gambling
benefit of the family. And the burden of proving that
such debt has redounded to the familys benefit lies
with the creditor claiming such Section 4. Ownership, Administrative,
(8) The value of what is donated or promised by both Enjoyment and Disposition of the Community Property
spouses in favor of their common legitimate children
for the exclusive purpose of commencing or Art. 96. The administration and enjoyment of the community
completing a professional or vocational course or property shall belong to both spouses jointly. In case of
other activity for self-improvement;
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on Persons and Family Relations
disagreement, the husbands decision shall prevail, subject to are assets in the community as a result of the
recourse to the court by the wife for proper remedy, which liquidation and settlement
must be availed of within five years from the date of the Art. 97. Either spouse may dispose by will of his or her
contract implementing such decision. interest in the community property. (n)
In the event that one spouse is incapacitated or otherwise Such disposition shall take effect upon the death of
unable to participate in the administration of the common the spouse when in such case, the community
properties, the other spouse may assume sole powers of property is terminated
administration. These powers do not include disposition or Art. 98. Neither spouse may donate any community property
encumbrance without authority of the court or the written without the consent of the other. However, either spouse may,
consent of the other spouse. In the absence of such authority without the consent of the other, make moderate donations
or consent, the disposition or encumbrance shall be void. from the community property for charity or on occasions of
However, the transaction shall be construed as a continuing family rejoicing or family distress. (n)
offer on the part of the consenting spouse and the third
person, and may be perfected as a binding contract upon the
acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors. Section 5. Dissolution of Absolute Community Regime
(206a) Art. 99. The absolute community terminates:
In the following situations, one of the spouses may (1) Upon the death of either spouse;
assume sole powers of administration of the (2) When there is a decree of legal separation;
common property (3) When the marriage is annulled or declared void; or
o One spouse is incapacitated or otherwise (4) In case of judicial separation of property during the
incapable in participating in the marriage under Articles 134 to 138. (175a)
administration, the other spouse may Complete separation of property is the only one of
assume sole powers without the need for the three (ACP, CPG, CSP) allowed to commence
consent or approval. during the marriage. The Code allows only a shift to
o During the pendency of a legal separation CSP during marriage as either an incident of the
case, the court hearing the case may decree of legal separation, or pursuant to a petition
designate either spouse as the sole for judicial separation under Art. 135 or 136
administrator of the absolute community
where said administrator shall have the Art. 100. The separation in fact between husband and wife
same powers as those of a guardian under shall not affect the regime of absolute community except
the Rules of Court that:
o If either spouse abandons the other without (1) The spouse who leaves the conjugal home or refuses to
just cause or fails to comply with his or her live therein, without just cause, shall not have the
obligations to the family, the aggrieved right to be supported;
spouse may petition the court for authority (2) When the consent of one spouse to any transaction of
to be the sole administrator of the the other is required by law, judicial authorization
community shall be obtained in a summary proceeding;
Alienation (transfer of property from one person to (3) In the absence of sufficient community property, the
another) of community property must have written separate property of both spouses shall be solidarily
consent of the other spouse or the authority of the liable for the support of the family. The spouse present
court, without which disposition or encumbrance shall, upon proper petition in a summary proceeding,
shall be void. The same rule applies even if be given judicial authority to administer or encumber
disposition is made by administrator spouse because any specific separate property of the other spouse and
sole power of administration does not include use the fruits or proceeds thereof to satisfy the latters
disposition or encumbrance without the authority of share. (178a)
court or written consent of the other spouse. Separation de facto refers to situation where spouses
Neither spouse can dispose of their respective simply separate without the benefit of a decree of
interest in the community property by way of legal separation.
disposition inter vivos. The rule under Art. 393 NCC o They retain their right to consortium
does not find application in this case for the interest because under the eyes of the law they are
of either spouse in the community assets is inchoate not entitled to live separately
which constitutes neither a legal nor an equitable o It does not affect the regimes of ACP or
estate, and does not ripen until it appears that there CPG
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o The spouses continue to be the legal heir of of said assets, the spouses shall be solidarily liable for
each other via intestate succession the unpaid balance with their separate properties in
o There is neither guilty nor innocent spouse accordance with the provisions of the second
paragraph of Article 94.
Judicial authorization may be obtained in a
(3) Whatever remains of the exclusive properties of the
summary proceeding when the consent of one spouses shall thereafter be delivered to each of them.
spouse to any transaction of the other is required by (4) The net remainder of the properties of the absolute
law. ACP or CPG shall continue to be liable for all community shall constitute its net assets, which shall
obligations mentioned in Art. 92 and 121, and in be divided equally between husband and wife, unless a
absence of sufficient ACP or CPP, the separate different proportion or division was agreed upon in
properties of one or both spouses shall be solidarily the marriage settlements, or unless there has been a
liable for the support of the family. voluntary waiver of such share provided in this Code.
For purpose of computing the net profits subject to
Art. 101. If a spouse without just cause abandons the other forfeiture in accordance with Articles 43, No. (2) and
or fails to comply with his or her obligations to the family, 63, No. (2), the said profits shall be the increase in
the aggrieved spouse may petition the court for receivership, value between the market value of the community
for judicial separation of property or for authority to be the property at the time of the celebration of the marriage
sole administrator of the absolute community, subject to and the market value at the time of its dissolution.
such precautionary conditions as the court may impose. (5) The presumptive legitimes of the common children
The obligations to the family mentioned in the preceding shall be delivered upon partition, in accordance with
paragraph refer to marital, parental or property relations. Article 51.
(6) Unless otherwise agreed upon by the parties, in the
A spouse is deemed to have abandoned the other when her or partition of the properties, the conjugal dwelling and
she has left the conjugal dwelling without intention of the lot on which it is situated shall be adjudicated to
returning. The spouse who has left the conjugal dwelling for the spouse with whom the majority of the common
a period of three months or has failed within the same period children choose to remain. Children below the age of
to give any information as to his or her whereabouts shall be seven years are deemed to have chosen the mother,
prima facie presumed to have no intention of returning to unless the court has decided otherwise. In case there
the conjugal dwelling. (178a) in no such majority, the court shall decide, taking into
consideration the best interests of said children. (n)
If separation de facto is attended by abandonment,
Art. 103. Upon the termination of the marriage by death, the
the following effects are likewise produced:
community property shall be liquidated in the same
o The spouse, who leaves the conjugal home proceeding for the settlement of the estate of the deceased.
or refuses to live therein without just cause,
shall not have the right to be supported. If no judicial settlement proceeding is instituted, the
o The aggrieved spouse may petition the surviving spouse shall liquidate the community property
court for receivership, for judicial either judicially or extra-judicially within six months from
declaration of separation of property or the death of the deceased spouse. If upon the lapse of the six
authority to be sole administrator, subject months period, no liquidation is made, any disposition or
to such precautionary conditions which the encumbrance involving the community property of the
court may impose terminated marriage shall be void.
o The aggrieved spouse may petition the Should the surviving spouse contract a subsequent marriage
court for legal separation if such without compliance with the foregoing requirements, a
abandonment lasts for more than 1 year. mandatory regime of complete separation of property shall
govern the property relations of the subsequent marriage.
(n)
Section 6. Liquidation of the Absolute Community
Assets and Liabilities Art. 104. Whenever the liquidation of the community
properties of two or more marriages contracted by the same
person before the effectivity of this Code is carried out
Art. 102. Upon dissolution of the absolute community
simultaneously, the respective capital, fruits and income of
regime, the following procedure shall apply:
each community shall be determined upon such proof as may
(1) An inventory shall be prepared, listing separately all be considered according to the rules of evidence. In case of
the properties of the absolute community and the doubt as to which community the existing properties belong,
exclusive properties of each spouse. the same shall be divided between the different communities
(2) The debts and obligations of the absolute community in proportion to the capital and duration of each. (189a)
shall be paid out of its assets. In case of insufficiency
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The termination of the absolute community is Such regime shall commence only at the precise
produced ipso jure by any of the cases mentioned in moment the marriage is celebrated. Any agreement
Art. 99. Liquidation, meanwhile, involves some between spouses that this regime shall commence at
positive act on the part of the spouses or of the any other time is void. Spouses who are legally
surviving spouse, in case of death of the spouse. separated may not adopt conjugal partnership as
Liquidation of ACP is mandatory if marriage is their new regime in case of reconciliation, although
terminated by death of either spouse. If upon the the same seems to be permitted under provisions of
lapse of one year upon death of either spouse, and Sec. 23 (c) and 24 (a) on the Rules of Legal
no liquidation is made, any disposition or Separation
encumbrance involving the community property of In Abalos vs. Macatangay Jr, the court explained the
the terminated marriage is declared by law to be nature of interest of each spouse in the conjugal
void. If the surviving spouse contracts a subsequent partnership prior to liquidation.
marriage without compliance to the foregoing o The interest of each spouse is limited to the
requirements, the subsequent marriage shall be net remainder or remanente liquid (haber
governed by CSP ganancial) resulting from the liquidation of
Under the law, the rights to the succession are the affairs of the partnership after its
transmitted from the moment of death of the dissolution. Thus the right of the spouse to
decedent. As a consequence, a co-owner has the one-half of the conjugal assets does not
right to alienate his pro indiviso share in the co- vest until the dissolution and liquidation of
owned property even without the consent of the co- the conjugal partnership, or after the
owners. dissolution of the marriage, it is finally
If no liquidation takes place one year after the death determined that there are net assets left
of one spouse and the surviving spouse contracts a (after settlement of conjugal obligations)
subsequent marriage without compliance to the which can be divided between spouses or
foregoing requirements, the subsequent marriage their respective heirs.
shall be governed by CSP, even if the spouses agree
to ACP or CPG in their settlement. Art. 107. The rules provided in Articles 88 and 89 shall also
apply to conjugal partnership of gains. (n)
Chapter 4. Conjugal Partnership of Gains Art. 108. The conjugal partnership shall be governed by the
rules on the contract of partnership in all that is not in
Section 1. General Provisions conflict with what is expressly determined in this Chapter or
by the spouses in their marriage settlements. (147a)

Art. 105. In case the future spouses agree in the marriage


settlements that the regime of conjugal partnership gains
shall govern their property relations during marriage, the Section 2. Exclusive Property of Each Spouse
provisions in this Chapter shall be of supplementary
application. Art. 109. The following shall be the exclusive property of
The provisions of this Chapter shall also apply to conjugal each spouse:
partnerships of gains already established between spouses (1) That which is brought to the marriage as his or her
before the effectivity of this Code, without prejudice to own;
vested rights already acquired in accordance with the Civil
Code or other laws, as provided in Article 256. (n) There is nothing that prevents either spouse from
including in their conjugal partnership properties
Art. 106. Under the regime of conjugal partnership of gains, acquired prior to marriage. However, it is limited to the
the husband and wife place in a common fund the proceeds, following conditions
products, fruits and income from their separate properties o The spouses cannot include more than 1/5 of
and those acquired by either or both spouses through their their present property to the regime under Art.
efforts or by chance, and, upon dissolution of the marriage 84. Although this applies to donations proper
or of the partnership, the net gains or benefits obtained by nuptias, the rationale of the article may
either or both spouses shall be divided equally between them, likewise apply to the inclusion of the present
unless otherwise agreed in the marriage settlements. (142a) properties of the future spouses in their
There is no co-ownership of the properties in the conjugal partnership
conjugal partnership of gains.

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o The future spouses cannot include in their Art. 113. Property donated or left by will to the spouses,
conjugal partnership properties acquired prior jointly and with designation of determinate shares, shall
to the marriage by one of them who has pertain to the donee-spouses as his or her own exclusive
legitimate descendants in his or her previous property, and in the absence of designation, share and share
marriage applying by analogy the provisions alike, without prejudice to the right of accretion when
of Art. 92, No. 3 proper. (150a)
Livestock shall continue to be exclusive property of the If the property is donated or left by will to the spouses
spouses. Only the excess in number of each kind jointly and with designation of determinate shares the
brought into the marriage which shall be determined at share of each in the said property shall be considered
the dissolution of the partnership shall be considered as
conjugal property.
If a donation is made jointly to persons who are not
(2) That which each acquires during the marriage by husband and wife, the rule is there is no accretion,
gratuitous title; accretion taking place only when so expressly provided
for the donor.
The only difference from ACP is that even the income Art. 114. If the donations are onerous, the amount of the
and fruits and income of such property shall also be charges shall be borne by the exclusive property of the donee
deemed exclusive spouse, whenever they have been advanced by the conjugal
(3) That which is acquired by right of redemption, by partnership of gains. (151a)
barter or by exchange with property belonging to only
one of the spouses; and Refers to those donations where a burden or changes
Even if the money used to redeem is from the CP, it inferior in value compared to the property donated is
shall still be the exclusive property of the redemptor imposed by the donee
spouse subject to the condition that such spouse If a donation is made during the marriage in favor of
reimburse said amount to the CP by the redemptor the husband but the donor imposes a burden or charges
spouse. inferior in value to the property donated, such property
(4) That which is purchased with exclusive money of the shall remain exclusive of the donee spouse although
wife or of the husband. (148a) conjugal funds were used for the burden or charges, in
such case the conjugal property shall be reimbursed by
Art. 110. The spouses retain the ownership, possession, the donee spouse for the amount advanced.
administration and enjoyment of their exclusive properties. Art. 115. Retirement benefits, pensions, annuities, gratuities,
Either spouse may, during the marriage, transfer the usufructs and similar benefits shall be governed by the rules
administration of his or her exclusive property to the other on gratuitous or onerous acquisitions as may be proper in
by means of a public instrument, which shall be recorded in each case. (n)
the registry of property of the place the property is located. If one spouse obtains such benefit through liberality of
(137a, 168a, 169a) grantor, rule on Art. 109 applies. However, if the benefit
The same shall not prejudice third persons is simply and accumulation or deduction from money
earned during the marriage or from the salaries of either
In case of transfer of administration, such
spouse, then the rules in Art. 117 (2) applies, the benefit
administration does not include the power to dispose or is part of the conjugal property.
encumber without the consent of the owner-spouse or
of the authorization of the court, otherwise, the
administration is terminated and the proceeds of the
Section 3. Conjugal Partnership Property
alienation shall be returned to the owner-spouse.
Art. 111. A spouse of age may mortgage, encumber, alienate
or otherwise dispose of his or her exclusive property, without Art. 116. All property acquired during the marriage, whether
the consent of the other spouse, and appear alone in court to the acquisition appears to have been made, contracted or
litigate with regard to the same. (n) registered in the name of one or both spouses, is presumed to
Requires only the participation of the owner-spouse. be conjugal unless the contrary is proved. (160a)
Such presumption applies even if the acquisition
Art. 112. The alienation of any exclusive property of a spouse appears to have been made, contracted or registered in
administered by the other automatically terminates the the name of one or both spouses. What is important is
administration over such property and the proceeds of the that the acquisition is made during the marriage.
alienation shall be turned over to the owner-spouse. (n) However, when there is no showing as to when the
property alleged to be conjugal was acquired, the
presumption does not operate. Proof of the acquisition
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Civil Law Examination Reviewer
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is a condition sine qua non for the operation of the (6) Livestock existing upon the dissolution of the
presumption in favor of the conjugal partnership. partnership in excess of the number of each kind
Such presumption is rebuttable with strong, clear, brought to the marriage by either spouse; and
categorical, and convincing evidence that such property Livestock shall continue to be exclusive property of the
belongs exclusively to one of the spouses and the spouses. Only the excess in number of each kind
burden of proof rests on the party asserting it. brought into the marriage which shall be determined at
Art. 117. The following are conjugal partnership properties: the dissolution of the partnership shall be considered as
conjugal property
(1) Those acquired by onerous title during the marriage
(7) Those which are acquired by chance, such as winnings
at the expense of the common fund, whether the
from gambling or betting. However, losses therefrom
acquisition be for the partnership, or for only one of
shall be borne exclusively by the loser-spouse. (153a,
the spouses;
154a, 155, 159).
If funds are sourced from the exclusive property of the Art. 118. Property bought on installments paid partly from
spouse, then it is exclusive property of the spouse. If exclusive funds of either or both spouses and partly from
funds are sourced from the conjugal funds, then it is conjugal funds belongs to the buyer or buyers if full
conjugal property. ownership was vested before the marriage and to the
If the property is purchased by installments prior to the conjugal partnership if such ownership was vested during
marriage, then it will depend on the time where full the marriage. In either case, any amount advanced by the
ownership becomes vested. partnership or by either or both spouses shall be reimbursed
by the owner or owners upon liquidation of the partnership.
(2) Those obtained from the labor, industry, work or (n)
profession of either or both of the spouses; Art. 119. Whenever an amount or credit payable within a
(3) The fruits, natural, industrial, or civil, due or received period of time belongs to one of the spouses, the sums which
during the marriage from the common property, as may be collected during the marriage in partial payments or
well as the net fruits from the exclusive property of by installments on the principal shall be the exclusive
each spouse; property of the spouse. However, interests falling due during
The fruits referred to include: the marriage on the principal shall belong to the conjugal
o Natural- spontaneous products of the soil partnership. (156a, 157a)
o Industrial- produced by lands through Art. 120. The ownership of improvements, whether for utility
cultivation or labor or adornment, made on the separate property of the spouses
o Civil- rents of building, price of leases on land at the expense of the partnership or through the acts or
and other property, and the amount of efforts of either or both spouses shall pertain to the conjugal
perpetual or life annuities or other similar partnership, or to the original owner-spouse, subject to the
income following rules:
Any interest income falling due during the marriage on When the cost of the improvement made by the conjugal
credit payable on installment and belonging to one of partnership and any resulting increase in value are more
the spouses belongs to the conjugal partnership. Any than the value of the property at the time of the
sum collected on the principal shall remain exclusive improvement, the entire property of one of the spouses shall
property of the creditor-spouse belong to the conjugal partnership, subject to
(4) The share of either spouse in the hidden treasure reimbursement of the value of the property of the owner-
which the law awards to the finder or owner of the spouse at the time of the improvement; otherwise, said
property where the treasure is found; property shall be retained in ownership by the owner-spouse,
(5) Those acquired through occupation such as fishing or likewise subject to reimbursement of the cost of the
hunting; improvement.
By seizure of things which have no owner and with
intention of acquiring them according to the rules laid In either case, the ownership of the entire property shall be
down by the law: vested upon the reimbursement, which shall be made at the
o There must be a seizure time of the liquidation of the conjugal partnership. (158a)
o The things must be corporeal Applies to the case where an exclusive property is
o There must be intention to appropriate subject to improvement at the expense of the conjugal
o The things must not be owned by anybody partnership or through the acts or efforts of either or
o The rules laid down by the law must be both spouses.
fulfilled For Art. 120 to apply, the following requisites must
apply:

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o Property is exclusively owned by either spouse (5) All taxes and expenses for mere preservation made
o Said property has been subject to during the marriage upon the separate property of
improvement, whether utility or adornment either spouse;
o The improvements were made at the expense (6) Expenses to enable either spouse to commence or
complete a professional, vocational, or other activity
of the conjugal partnership or through the acts
for self-improvement;
or effects of either or both spouses
(7) Ante-nuptial debts of either spouse insofar as they
In determining the ownership have redounded to the benefit of the family;
o When the cost of the improvement made by (8) The value of what is donated or promised by both
the conjugal partnership and any resulting spouses in favor of their common legitimate children
increase in value are more than the value of for the exclusive purpose of commencing or
the property at the time of the improvement, completing a professional or vocational course or
the entire property of one of the spouses shall other activity for self-improvement; and
belong to the conjugal partnership, subject to (9) Expenses of litigation between the spouses unless the
reimbursement of the value of the property of suit is found to groundless.
the owner-spouse at the time of the If the conjugal partnership is insufficient to cover the
improvement foregoing liabilities, the spouses shall be solidarily liable for
o When the cost of the improvement made by the unpaid balance with their separate properties. (161a)
the conjugal partnership and any resulting
increase in value are less than the value of the
Rules under Art. 94 and 95 apply
property at the time of the improvement, the Under CPG, the law established a complete separation
entire property of one of the spouses shall of capitals, all of which constitutes an unsurmountable
belong to the conjugal partnership, said obstacle to the presumption of solidarity between
property shall be retained in ownership by the spouses. Conjugal partnership is not liable for the
owner-spouse, likewise subject to individual liabilities of debtor-spouse (in Alipio vs. CA
reimbursement of the cost of the improvement the Court ruled that a creditor cannot sue the surviving
Ownership shall be vested in favor of the conjugal spouse of a decedent for the collection of money
property upon the reimbursement. Similarly, the chargeable against the conjugal property)
conjugal partnership is required to make an If contracted by both spouses or either spouse with the
reimbursement only at the time of the liquidation of the consent of the other, such debt is considered to have
conjugal partnership, there is however nothing redounded for the benefit of the family, and in such
preventing the partnership from reimbursement prior to case the creditor no longer has the burden to prove the
liquidation debt was contracted for the benefit of the partnership or
the family.
In case of debt contracted by designated administrator-
Section 4. Charges Upon and Obligations of
spouse without consent of the other spouse or prior to
the Conjugal Partnership
marriage, the conjugal partnership shall be liable only if
it can be proven by that the debt redounded to the
Art. 121. The conjugal partnership shall be liable for: benefit of the conjugal partnership or the family.
Burden of proof to show that debt was credited for the
(1) The support of the spouse, their common children,
benefit of the CPG lies with the creditor-party litigant
and the legitimate children of either spouse; however,
claiming as such (Ei incumbit probation qui dicit, non
the support of illegitimate children shall be governed
qui negat- he who asserts, not he who denies, must
by the provisions of this Code on Support;
prove)
(2) All debts and obligations contracted during the
marriage by the designated administrator-spouse for
the benefit of the conjugal partnership of gains, or by Art. 122. The payment of personal debts contracted by the
both spouses or by one of them with the consent of the husband or the wife before or during the marriage shall not
other; be charged to the conjugal properties partnership except
(3) Debts and obligations contracted by either spouse insofar as they redounded to the benefit of the family.
without the consent of the other to the extent that the
family may have benefited; Neither shall the fines and pecuniary indemnities imposed
(4) All taxes, liens, charges, and expenses, including upon them be charged to the partnership.
major or minor repairs upon the conjugal partnership However, the payment of personal debts contracted by either
property; spouse before the marriage, that of fines and indemnities
imposed upon them, as well as the support of illegitimate

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children of either spouse, may be enforced against the designate either spouse as the sole
partnership assets after the responsibilities enumerated in administrator of the absolute community
the preceding Article have been covered, if the spouse who is where said administrator shall have the
bound should have no exclusive property or if it should be same powers as those of a guardian under
insufficient; but at the time of the liquidation of the the Rules of Court
partnership, such spouse shall be charged for what has been o If either spouse abandons the other without
paid for the purpose above-mentioned. (163a) just cause or fails to comply with his or her
Art. 123. Whatever may be lost during the marriage in any obligations to the family, the aggrieved
game of chance or in betting, sweepstakes, or any other kind spouse may petition the court for authority
of gambling whether permitted or prohibited by law, shall be to be the sole administrator of the
borne by the loser and shall not be charged to the conjugal community
partnership but any winnings therefrom shall form part of Sole power of administration does not include
the conjugal partnership property. (164a) disposition or encumbrance without the authority of
court or written consent of the other spouse since
these two acts are in nature strict acts of ownership.
Section 5. Administration of the Alienation means transfer of property from one
Conjugal Partnership Property person to another.
In Civil Code, the husband is sole administrator of
Art. 124. The administration and enjoyment of the conjugal property. But in the FC both spouses are
partnership shall belong to both spouses jointly. In case of administrators of the conjugal property so in case
disagreement, the husbands decision shall prevail, subject to one spouse is incapacitated or unable to administer
recourse to the court by the wife for proper remedy, which the conjugal property, the other spouse may file for
must be availed of within five years from the date of the sole administration.
contract implementing such decision. If either spouse disposes or encumbers a conjugal
property without the consent of the other spouse or
In the event that one spouse is incapacitated or otherwise without court authorization, such transaction as
unable to participate in the administration of the conjugal based in Homeowners Savings and Loan Bank vs.
properties, the other spouse may assume sole powers of Dailo shall be void such that the contract of
administration. These powers do not include disposition or partnership shall govern in all that is not in conflict
encumbrance without authority of the court or the written with the FC.
consent of the other spouse. In the absence of such authority
or consent, the disposition or encumbrance shall be void.
Any disposition of the spouses respective shares or
However, the transaction shall be construed as a continuing interest in the conjugal partnership shall be void
offer on the part of the consenting spouse and the third since such right to one-half of the conjugal assets
person, and may be perfected as a binding contract upon the does not vest until the liquidation of the conjugal
acceptance by the other spouse or authorization by the court partnership. Nemo dat qui habet (No one can give
before the offer is withdrawn by either or both offerors. what he has not)
(165a)
Art. 125. Neither spouse may donate any conjugal Section 6. Dissolution of Conjugal Partnership Regime
partnership property without the consent of the other.
However, either spouse may, without the consent of the other,
make moderate donations from the conjugal partnership Art. 126. The conjugal partnership terminates:
property for charity or on occasions of family rejoicing or
(1) Upon the death of either spouse;
family distress. (174a)
(2) When there is a decree of legal separation;
In the following situations, one of the spouses may (3) When the marriage is annulled or declared void; or
assume sole powers of administration of the (4) In case of judicial separation of property during the
common property marriage under Articles 134 to 138. (175a)
o One spouse is incapacitated or otherwise Art. 127. The separation in fact between husband and wife
incapable in participating in the shall not affect the regime of conjugal partnership, except
administration, the other spouse may that:
assume sole powers without the need for (1) The spouse who leaves the conjugal home or refuses to
consent or approval. live therein, without just cause, shall not have the
o During the pendency of a legal separation right to be supported;
case, the court hearing the case may

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(2) When the consent of one spouse to any transaction of (1) An inventory shall be prepared, listing separately all
the other is required by law, judicial authorization the properties of the conjugal partnership and the
shall be obtained in a summary proceeding; exclusive properties of each spouse.
(3) In the absence of sufficient conjugal partnership (2) Amounts advanced by the conjugal partnership in
property, the separate property of both spouses shall payment of personal debts and obligations of either
be solidarily liable for the support of the family. The spouse shall be credited to the conjugal partnership as
spouse present shall, upon petition in a summary an asset thereof.
proceeding, be given judicial authority to administer (3) Each spouse shall be reimbursed for the use of his or
or encumber any specific separate property of the her exclusive funds in the acquisition of property or
other spouse and use the fruits or proceeds thereof to for the value of his or her exclusive property, the
satisfy the latters share. (178a) ownership of which has been vested by law in the
Separation de facto refers to situation where spouses conjugal partnership.
simply separate without the benefit of a decree of (4) The debts and obligations of the conjugal partnership
legal separation. shall be paid out of the conjugal assets. In case of
o They retain their right to consortium insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their
because under the eyes of the law they are
not entitled to live separately separate properties, in accordance with the provisions
of paragraph (2) of Article 121.
o It does not affect the regimes of ACP or (5) Whatever remains of the exclusive properties of the
CPG spouses shall thereafter be delivered to each of them.
o The spouses continue to be the legal heir of (6) Unless the owner had been indemnified from whatever
each other via intestate succession source, the loss or deterioration of movables used for
o There is neither guilty nor innocent spouse the benefit of the family, belonging to either spouse,
Judicial authorization may be obtained in a even due to fortuitous event, shall be paid to said
summary proceeding when the consent of one spouse from the conjugal funds, if any.
spouse to any transaction of the other is required by (7) The net remainder of the conjugal partnership
law. ACP or CPG shall continue to be liable for all properties shall constitute the profits, which shall be
obligations mentioned in Art. 92 and 121, and in divided equally between husband and wife, unless a
absence of sufficient ACP or CPP, the separate different proportion or division was agreed upon in
properties of one or both spouses shall be solidarily the marriage settlements or unless there has been a
liable for the support of the family. voluntary waiver or forfeiture of such share as
provided in this Code.
Art. 128. If a spouse without just cause abandons the other (8) The presumptive legitimes of the common children
or fails to comply with his or her obligation to the family, the shall be delivered upon the partition in accordance
aggrieved spouse may petition the court for receivership, for with Article 51.
judicial separation of property, or for authority to be the sole (9) In the partition of the properties, the conjugal
administrator of the conjugal partnership property, subject dwelling and the lot on which it is situated shall,
to such precautionary conditions as the court may impose. unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of
The obligations to the family mentioned in the preceding the common children choose to remain. Children
paragraph refer to marital, parental or property relations. below the age of seven years are deemed to have
A spouse is deemed to have abandoned the other when he or chosen the mother, unless the court has decided
she has left the conjugal dwelling without intention of otherwise. In case there is no such majority, the court
returning. The spouse who has left the conjugal dwelling for shall decide, taking into consideration the best
a period of three months or has failed within the same period interests of said children. (181a, 182a, 183a, 184a,
to give any information as to his or her whereabouts shall be 185a)
prima facie presumed to have no intention of returning to Art. 130. Upon the termination of the marriage by death, the
the conjugal dwelling. (167a, 191a) conjugal partnership property shall be liquidated in the
same proceeding for the settlement of the estate of the
deceased.
Section 7. Liquidation of the If no judicial settlement proceeding is instituted, the
Conjugal Partnership Assets and Liabilities surviving spouse shall liquidate the conjugal partnership
property either judicially or extra-judicially within six
Art. 129. Upon the dissolution of the conjugal partnership months from the death of the deceased spouse. If upon the
regime, the following procedure shall apply: lapse of the six-month period no liquidation is made, any
disposition or encumbrance involving the conjugal
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partnership property of the terminated marriage shall be belongs to them is delivered; but from this shall be deducted
void. that amount received for support which exceeds the fruits or
rents pertaining to them. (188a)
Should the surviving spouse contract a subsequent marriage
without compliance with the foregoing requirements, a
mandatory regime of complete separation of property shall
Chapter 5. Separation of Property of the
govern the property relations of the subsequent marriage.
Spouses and Administration of Common Property by
(n)
One Spouse During the Marriage
The termination of the conjugal partnership is
produced ipso jure by any of the cases mentioned in Art. 134. In the absence of an express declaration in the
Art. 130. Liquidation, meanwhile, involves some marriage settlements, the separation of property between
positive act on the part of the spouses or of the spouses during the marriage shall not take place except by
surviving spouse, in case of death of the spouse. judicial order. Such judicial separation of property may
Liquidation of ACP is mandatory if marriage is either be voluntary or for sufficient cause. (190a)
terminated by death of either spouse. If upon the
lapse of six months upon death of either spouse, and Separation of properties between spouses shall take
no liquidation is made, any disposition or place only in the following circumstances:
encumbrance involving the community property of o When the future spouses have agreed in
the terminated marriage is declared by law to be their marriage settlement that their property
void. If the surviving spouse contracts a subsequent relations during marriage shall be governed
marriage without compliance to the foregoing by the regime of separation of property
requirements, the subsequent marriage shall be o When the surviving spouse to a previous
governed by CSP marriage terminated by death of the other
Under the law, the rights to the succession are spouse contracts a subsequent marriage
transmitted from the moment of death of the without compliance to the requirement of
decedent. As a consequence, a co-owner has the liquidation within one year, the subsequent
right to alienate his pro indiviso share in the co- marriage shall be governed by CSP
owned property even without the consent of the co- o Upon finality of a decree for legal
owners. separation, the ACP or CPG regime shall
If no liquidation takes place one year after the death be dissolved and liquidated, and what shall
of one spouse and the surviving spouse contracts a govern is the CSP
subsequent marriage without compliance to the o When the court approves the joint petition
foregoing requirements, the subsequent marriage of the spouses for the voluntary dissolution
shall be governed by CSP, even if the spouses agree of the ACP or CPG, CSP shall govern
to ACP or CPG in their settlement. o When the court decrees the separation of
the spouses following the petition of the
Art. 131. Whenever the liquidation of the conjugal spouses following the petition of one of the
partnership properties of two or more marriages contracted spouses for such separation based on the
by the same person before the effectivity of this Code is grounds provided on Art. 135
carried out simultaneously, the respective capital, fruits and
income of each partnership shall be determined upon such Art. 135. Any of the following shall be considered sufficient
proof as may be considered according to the rules of cause for judicial separation of property:
evidence. In case of doubt as to which partnership the
existing properties belong, the same shall be divided between If separation of property is not in the marriage
the different partnerships in proportion to the capital and settlement, it may be resorted by:
duration of each. (189a) o Filing a petition for legal separation
Art. 132. The Rules of Court on the administration of estates o Filing a petition for separation of property
of deceased persons shall be observed in the appraisal and either voluntary or for sufficient cause
sale of property of the conjugal partnership, and other (1) That the spouse of the petitioner has been sentenced
matters which are not expressly determined in this Chapter. to a penalty which carries with it civil interdiction;
(187a) (2) That the spouse of the petitioner has been judicially
declared an absentee;
Art. 133. From the common mass of property support shall
be given to the surviving spouse and to the children during
the liquidation of the inventoried property and until what

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Even if spouse is absent for required 2 years, if the Art. 138. After dissolution of the absolute community or of
person is the administrator of such property the the conjugal partnership, the provisions on complete
requirement to be declared as absentee is 5 years. separation of property shall apply. (191a)
(3) That loss of parental authority of the spouse of Art. 139. The petition for separation of property and the
petitioner has been decreed by the court; final judgment granting the same shall be recorded in the
(4) That the spouse of the petitioner has abandoned the proper local civil registries and registries of property. (193a)
latter or failed to comply with his or her obligations to
the family as provided for in Article 101; Art. 140. The separation of property shall not prejudice the
Those referred to under Art. 68 to 71 with regards to rights previously acquired by creditors. (194a)
husband and wife, and 220, 221 and 225 in regards The decree of separation of property shall have the
to parents and children. following effects
o Once the separation of property has been
(5) That the spouse granted the power of administration decreed, the absolute community or the
in the marriage settlements has abused that power; conjugal partnership of gains shall be
and liquidated in conformity with the
It is necessary that the power of administration must provisions of Art. 102 and 129 of this
be granted to the spouse in the marriage settlement Code.
itself, otherwise this section shall not apply. o After dissolution of the absolute
(6) That at the time of the petition, the spouses have been community or of the conjugal partnership,
separated in fact for at least one year and the provisions on complete separation of
reconciliation is highly improbable. property shall apply.
o In order to bind third persons, the petition
In the cases provided for in Numbers (1), (2) and (3), the
and final judgment for separation of
presentation of the final judgment against the guilty or
property must be recorded in the proper
absent spouse shall be enough basis for the grant of the
LCR and registries of property. However,
decree of judicial separation of property. (191a)
the rights which are previously acquired by
Art. 136. The spouses may jointly file a verified petition with creditors prior to the judicial separation of
the court for the voluntary dissolution of the absolute property shall not be prejudiced by the
community or the conjugal partnership of gains, and for the judicial decree of separation of property
separation of their common properties. Art. 141. The spouses may, in the same proceedings where
separation of property was decreed, file a motion in court for
The spouses may agree to voluntarily dissolve their a decree reviving the property regime that existed between
ACP or CPG however such agreement will not them before the separation of property in any of the
produce any legal effect if the same is not approved following instances:
by the courts. The courts may not disapprove any
petition for separation of property on the grounds (1) When the civil interdiction terminates;
that the court is not satisfied with the reasons of the (2) When the absentee spouse reappears;
parties. (3) When the court, being satisfied that the spouse
granted the power of administration in the marriage
settlements will not again abuse that power, authorizes
All creditors of the absolute community or of the conjugal the resumption of said administration;
partnership of gains, as well as the personal creditors of the (4) When the spouse who has left the conjugal home
spouse, shall be listed in the petition and notified of the filing without a decree of legal separation resumes common
thereof. The court shall take measures to protect the life with the other;
creditors and other persons with pecuniary interest. (191a) (5) When parental authority is judicially restored to the
spouse previously deprived thereof;
Art. 137. Once the separation of property has been decreed,
(6) When the spouses who have separated in fact for at
the absolute community or the conjugal partnership of gains
least one year, reconcile and resume common life; or
shall be liquidated in conformity with this Code.
(7) When after voluntary dissolution of the absolute
During the pendency of the proceedings for separation of community of property or conjugal partnership has
property, the absolute community or the conjugal been judicially decreed upon the joint petition of the
partnership shall pay for the support of the spouses and their spouses, they agree to the revival of the former
children. (192a) property regime. No voluntary separation of property
may thereafter be granted.
The revival of the former property regime shall be governed
by Article 67. (195a)
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Art. 142. The administration of all classes of exclusive Art. 146. Both spouses shall bear the family expenses in
property of either spouse may be transferred by the court to proportion to their income, or, in case of insufficiency or
the other spouse: default thereof, to the current market value of their separate
properties.
(1) When one spouse becomes the guardian of the other;
(2) When one spouse is judicially declared an absentee; The liabilities of the spouses to creditors for family expenses
(3) When one spouse is sentenced to a penalty which shall, however, be solidary. (215a)
carries with it civil interdiction; or
(4) When one spouse becomes a fugitive from justice or is Chapter 7. Property Regime of Unions Without Marriage
in hiding as an accused in a criminal case.
Except in marriages declared void ab initio under
If the other spouse is not qualified by reason of
Art. 40, the property regime that shall govern in a
incompetence, conflict of interest, or any other just cause, the
void marriage shall not be CPG or ACP but the
court shall appoint a suitable person to be the administrator.
provisions under Art. 147 and 148
(n)
Transfer may be by agreement or by order of the
Art. 147. When a man and a woman who are capacitated to
court. Also, under Art. 110 the transfer is allowed by marry each other, live exclusively with each other as
means of public instrument which shall be recorded husband and wife without the benefit of marriage or under a
in the registry of property where the property is void marriage, their wages and salaries shall be owned by
located them in equal shares and the property acquired by both of
If transfer is by court order, it may be done based them through their work or industry shall be governed by
only on the following reasons: the rules on co-ownership.
o Owner spouse is under guardianship
In the absence of proof to the contrary, properties acquired
o Owner spouse is judicially declared an while they lived together shall be presumed to have been
absentee obtained by their joint efforts, work or industry, and shall be
o Owner spouse is sentenced to a penalty owned by them in equal shares. For purposes of this Article,
which carries with it civil interdiction a party who did not participate in the acquisition by the
o Owner spouse becomes a fugitive from other party of any property shall be deemed to have
justice or is in hiding as an accused in a contributed jointly in the acquisition thereof if the formers
criminal case. efforts consisted in the care and maintenance of the family
It is shall be transferred to the other spouse unless and of the household.
the they are not qualified due to incompetence, Neither party can encumber or dispose by acts inter vivos of
conflict of interest or any other just cause. In such his or her share in the property acquired during cohabitation
case, the court shall appoint a suitable person as and owned in common, without the consent of the other, until
administrator. after the termination of their cohabitation.

Chapter 6. Regime of Separation of Property When only one of the parties to a void marriage is in good
faith, the share of the party in bad faith in the co-ownership
shall be forfeited in favor of their common children. In case
Art. 143. Should the future spouses agree in the marriage of default of or waiver by any or all of the common children
settlements that their property relations during marriage or their descendants, each vacant share shall belong to the
shall be governed by the regime of separation of property, respective surviving descendants. In the absence of
the provisions of this Chapter shall be suppletory. (212a) descendants, such share shall belong to the innocent party. In
all cases, the forfeiture shall take place upon termination of
Art. 144. Separation of property may refer to present or the cohabitation. (144a)
future property or both. It may be total or partial. In the
latter case, the property not agreed upon as separate shall Shall only apply in the following conditions:
pertain to the absolute community. (213a) o capacitated (refers to legal capacity to
Art. 145. Each spouse shall own, dispose of, possess, marry) to marry each other
administer and enjoy his or her own separate estate, without o live exclusively with each other as husband
need of the consent of the other. To each spouse shall belong and wife
all earnings from his or her profession, business or industry o living without the benefit of marriage or
and all fruits, natural, industrial or civil, due or received under a void marriage
during the marriage from his or her separate property. Shall not only apply in the following conditions:
(214a)
o Minors who lived exclusively as husband
and wife
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o Void as first cousins under Art. 38 Shall apply in the following cases
Shall only apply in the case of psychological o Bigamous marriages
incapacity, lack of marriage license or similar o Adulterous relationships
reasons. o Relationships in state of concubinage
The properties acquired during the cohabitation o Relationships where both man and woman
shall be distributed as follows: are married to other people
o Wages and salaries shall be owned by them o Multiple alliances of the same married man
in equal shares, even if only one of them o Common law spouses suffering from legal
contributes to wages and salaries
impediment to marry each other
o Property acquired by both through work or o Does not live exclusively with each other
industry shall be governed by the rules on
as husband and wife
co-ownership. In absence of proof to the
contrary, properties acquired while together The properties acquired during the cohabitation
shall be presumed to have been obtained shall be distributed as follows:
through joint efforts, even if only one party o Wages and salaries earned by each party
participated in the acquisition of such shall be owned by them exclusively
properties o Only property acquired by both of them
o The share of the party on the co-ownership through their actual joint contribution of
in void marriage who is in bad faith shall money, property or industry shall be owned
be forfeited in favor of their common in common and in proportion to their
children, surviving descendants for the respective contributions. If actual
vacant share in case the former defaults or contribution is not proved, then there can
waives their share, or to the innocent party be no co-ownership. Hence, mere
in absence of descendants. Such forfeiture cohabitation without proof of contribution
shall take place upon the termination of the will not result in co-ownership
cohabitation o The share of the party validly married to
o Neither party can dispose or encumber by another shall accrue to the property regime
acts inter vivos of his or her share of he of the existing marriage
property acquired during the cohabitation In Belcodero vs. CA, the court
and owned in common, without the consent held that property acquired by a
of the other until the termination of he man whole living with a common
cohabitation. In other words, disposal of law wife during the subsistence of
share in co-ownership shall be allowed is his marriage is conjugal property,
by way of mortis causa, or inter vivos if even when property was titled in
there is consent of the other spouse the name of the common law
Art. 148. In cases of cohabitation not falling under the wife. In such cases, a constructive
preceding Article, only the properties acquired by both of the trust is deemed to have been
parties through their actual joint contribution of money, created under Article 1456 NCC
property, or industry shall be owned by them in common in over the property which lawfully
proportion to their respective contributions. In the absence pertains to the conjugal
of proof to the contrary, their contributions and partnership of the subsisting
corresponding shares are presumed to be equal. The same marriage.
rule and presumption shall apply to joint deposits of money o If the party who has acted in bad faith is
and evidences of credit. not validly married, his or her share in shall
If one of the parties is validly married to another, his or her be forfeited in the manner therefore
share in the co-ownership shall accrue to the absolute expressed. The foregoing rules of forfeiture
community or conjugal partnership existing in such valid shall apply even if both parties acted in bad
marriage. If the party who acted in bad faith is not validly faith.
married to another, his or her shall be forfeited in the
manner provided in the last paragraph of the preceding
Article.
The foregoing rules on forfeiture shall likewise apply even if
both parties are in bad faith.

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on Persons and Family Relations
TITLE V but that the same failed, so that if shown that no such
efforts were made, the case must be dismissed.
THE FAMILY Members of the family under Art. 151 should be
construed as those referring to Art. 150. Thus hose not
Chapter 1. The Family as an Institution included shall not be considered as members of the
family.
Art. 149. The family, being the foundation of the nation, is a Chapter 2. The Family Home
basic social institution which public policy cherishes and
protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the Art. 152. The family home, constituted jointly by the
family shall be recognized or given effect. (216a, 218a) husband and the wife or by an unmarried head of a family, is
the dwelling house where they and their family reside, and
Our family law is based on the policy that marriage is
the land on which it is situated. (223a)
not a mere social contract but a social institution which
the state is vitally interested A family home is the dwelling place of a person and his
Senator Tolentino clarifies that only the external aspect family
of family relations is contemplated in the rules stated in
the second sentence because it is only here that third Art. 153. The family home is deemed constituted on a house
persons and public interest are concerned. and lot from the time it is occupied as a family residence.
From the time of its constitution and so long as any of its
Art. 150. Family relations include those: beneficiaries actually resides therein, the family home
(1) Between husband and wife; continues to be such and is exempt from execution, forced
(2) Between parents and children; sale or attachment except as hereinafter provided and to the
(3) Among brothers and sisters, whether of the full or extent of the value allowed by law. (223a)
half-blood. (217a)
It is not only the spouses who may constitute the family
The extent of the term family relations includes those
home on the properties of ACP or CPG, or on exclusive
defined in Art. 150 as well as ascendants and property of either with the others consent. Even an
descendants. unmarried head of family may constitute a family home
Such enumeration is exclusive and defines the on his/her own property.
operation of this article

Art. 151. No suit between members of the same family shall


prosper unless it should appear from the verified complaint Art. 154. The beneficiaries of a family home are:
or petition that earnest efforts toward a compromise have (1) The husband and wife, or an unmarried person who is
been made, but that the same have failed. If it is shown that the head of a family; and
no such efforts were in fact made, the same case must be (2) Their parents, ascendants, descendants, brothers and
dismissed. sisters, whether the relationship be legitimate or
This rules shall not apply to cases which may not be the illegitimate, who are living in the family home and
subject of compromise under the Civil Code. (222a) who depend upon the head of the family for legal
support. (226a)
The policy of the state regarding the Family under Sec. This article also includes in-laws where the family
1 Art. XV of the Constitution is exemplified and given home is constituted jointly by the husband and wife,
flesh in the provisions of this Article in the FC which maids and overseers are however not included.
requires that earnest efforts towards a compromise be
exerted first before action or suit between or among Art. 155. The family home shall be exempt from execution,
members of the same family may be given course. forced sale or attachment except:
The Civil Code Commission explains the reason for
(1) For nonpayment of taxes;
such a requirement which is as follows: This rule is (2) For debts incurred prior to the constitution of the
introduced because it is difficult to imagine a sadder family home;
and more tragic spectacle than a litigation between (3) For debts secured by mortgages on the premises
members of the same family before or after such constitution; and
Requirement is mandatory that the complaint or (4) For debts due to laborers, mechanics, architects,
petition, which must be verified, should allege that builders, materialmen and others who have rendered
earnest efforts towards a compromise have been made
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
service or furnished material for the construction of Under Art. 153 and 159, the following rules shall apply
the building. (243a) in the event of the death of the person or persons who
This exemption is effective from the time of the constitute the family home:
constitution of the family home as such and lasts so The family home continues as such for as long as there
long as any of the beneficiaries resides therein is a minor beneficiary actually residing therein
But if there is no minor beneficiary, the family home
Art. 156. The family home must be part of the properties of continues to be as such only for a period of ten years
the absolute community or the conjugal partnership, or of provided that a beneficiary of legal age actually resides
the exclusive properties of either spouse with the latters therein,
consent. It may also be constituted by an unmarried head of
a family on his or her own property.
As a rule, any one of the co-owners may demand
partition at any time. However, so long as the family
Nevertheless, property that is the subject of a conditional home constitutes as such pursuant to the provisions of
sale on installments where ownership is reserved by the this article, the heirs are prohibited from partitioning
vendor only to guarantee payment of the purchase price may the family home unless the court finds a compelling
be constituted as a family home. (227a, 228a) reason therefore
Art. 157. The actual value of the family home shall not
exceed, at the time of its constitution, the amount of the three Art. 160. When a creditor whose claims is not among those
hundred thousand pesos in urban areas, and two hundred mentioned in Article 155 obtains a judgment in his favor, and
thousand pesos in rural areas, or such amounts as may he has reasonable grounds to believe that the family home is
hereafter be fixed by law. actually worth more than the maximum amount fixed in
In any event, if the value of the currency changes after the Article 157, he may apply to the court which rendered the
adoption of this Code, the value most favorable for the judgment for an order directing the sale of the property
constitution of a family home shall be the basis of evaluation. under execution. The court shall so order if it finds that the
actual value of the family home exceeds the maximum
For purposes of this Article, urban areas are deemed to amount allowed by law as of the time of its constitution. If
include chartered cities and municipalities whose annual the increased actual value exceeds the maximum allowed in
income at least equals that legally required for chartered Article 157 and results from subsequent voluntary
cities. All others are deemed to be rural areas. (231a) improvements introduced by the person or persons
Art. 158. The family home may be sold, alienated, donated, constituting the family home, by the owner or owners of the
assigned or encumbered by the owner or owners thereof with property, or by any of the beneficiaries, the same rule and
the written consent of the person constituting the same, the procedure shall apply.
latters spouse, and a majority of the beneficiaries of legal At the execution sale, no bid below the value allowed for a
age. In case of conflict, the court shall decide. (235a) family home shall be considered. The proceeds shall be
applied first to the amount mentioned in Article 157, and
The law does not prohibit the alienation or
then to the liabilities under the judgment and the costs. The
encumbrance of the family home. However, the law excess, if any, shall be delivered to the judgment debtor.
requires written consent of the following persons in the (247a, 248a)
sale, alienation, donation or encumbrance of the family
home: Art. 161. For purposes of availing of the benefits of a family
The person constituting the family home home as provided for in this Chapter, a person may
constitute, or be the beneficiary of, only one family home. (n)
The latters spouse
Majority of the beneficiaries of legal age. Art. 162. The provisions in this Chapter shall also govern
existing family residences insofar as said provisions are
However, when the family home is part of the AC or
applicable. (n)
CP, its alienation or encumbrance during the marriage
without the consent of the other shall be void.

TITLE VI
Art. 159. The family home shall continue despite the death of
one or both spouses or of the unmarried head of the family PATERNITY AND FILIATION
for a period of ten years or for as long as there is a minor
beneficiary, and the heirs cannot partition the same unless
Chapter 1. Legitimate Children
the court finds compelling reasons therefor. This rule shall
apply regardless of whoever owns the property or constituted
the family home. (238a)

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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Art. 163. The filiation of children may be by nature or by
adoption. Natural filiation may be legitimate or illegitimate. (1) That it was physically impossible for the husband to
(n) have sexual intercourse with his wife within the first
120 days of the 300 days which immediately preceded
Art. 164. Children conceived or born during the marriage of the birth of the child because of:
the parents are legitimate. This period is important because it is the period where
Children conceived as a result of artificial insemination of conception of the child takes place.
the wife with the sperm of the husband or that of a donor or (a) the physical incapacity of the husband to have
both are likewise legitimate children of the husband and his sexual intercourse with his wife;
wife, provided, that both of them authorized or ratified such It is only impotency which the law considers as
insemination in a written instrument executed and signed by sufficient ground to impugn the childs legitimacy and
them before the birth of the child. The instrument shall be not sterility which is the mere inability to procreate.
recorded in the civil registry together with the birth (b) the fact that the husband and wife were living
certificate of the child. (55a, 258a) separately in such a way that sexual intercourse
Filiation of children may be by nature (legitimate or was not possible; or
(c) serious illness of the husband, which absolutely
illegitimate) or by adoption created by a judgment of
prevented sexual intercourse;
adoption (a judicial act whereby the same rights and
obligations as filiation by blood are established for the Must be of such nature as to exclude the possibility of
adoptive parent and the adopted child). having sexual intercourse with the wife.
A child born within a valid marriage is legitimate as is a (2) That it is proved that for biological or other scientific
reasons, the child could not have been that of the
child born prior to the annulment of a voidable
husband, except in the instance provided in the second
marriage. Children born outside of a valid marriage
paragraph of Article 164; or
such a wedlock or void marriages are illegitimate,
except those marriages declared void under Art. 36 and In Tijing vs. CA, the SC said that courts should apply
53. the results of science when compently obtained as an
The law does not recognize as valid the use of a aid of situations presented, since to reject said result is
to deny progress
surrogate mother, as such the child will be considered
as illegitimate unless the child is adopted by the Blood tests eliminates all possibility that the putative
spouses. father is the father of a child, if none of the fathers
phenotypes are present in the childs blood type. But the
reverse does not hold true such that the absence of the
Art. 165. Children conceived and born outside a valid formers phenotype in the latter would have made his
marriage are illegitimate, unless otherwise provided in this paternity biologically untenable (as ruled in Co Tao vs.
Code. (n) CA and Jao vs CA)
DNA testing- If the man does not have the DNA types
Art. 166. Legitimacy of a child may be impugned only on the in his profiles match the paternal types in the child, he
following grounds: is excluded as a father. Otherwise, he is included as a
Children born to a valid marriage are presumed possible father.
legitimate. Such presumption applies even if the mother (3) That in case of children conceived through artificial
declares against its legitimacy (due to first, such insemination, the written authorization or ratification
declaration may have been adopted in a fit of anger or of either parent was obtained through mistake, fraud,
to arouse jealousy of the husband; and second, as a violence, intimidation, or undue influence. (255a)
guaranty in favor of the children whose condition Even if it is the wifes authorization which was
should not be under the mercy of the passions of their obtained through mistake, fraud, violence, intimidation
parents). However, such presumption is not conclusive or undue influence, she has no right to impugn the
and may be overthrown by evidence to the contrary. legitimacy of the child. The proper party to impugn the
Such ground for impugning the legitimacy of a chold childs legitimacy is the husband since the right is
are enumerated in this article. strictly personal to him. In exceptional cases, it may be
As a rule, impugning the legitimacy of a child is strictly exercised by his heirs.
the personal right of a husband for the simple reason It is submitted that this section should refer only to
that he is the one directly confronted with the scandal situations where the sperm of the donor is used in the
and ridicule which the infidelity of the wife produces artificial insemination of the wife.
and he should be the one to decide whether to conceal it
or expose it in view of economic and moral interest
involved.
47
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Art. 167. The child shall be considered legitimate although Art. 171. The heirs of the husband may impugn the filiation
the mother may have declared against its legitimacy or may of the child within the period prescribed in the preceding
have been sentenced as an adulteress. (256a) article only in the following cases:
Art. 168. If the marriage is terminated and the mother (1) If the husband should died before the expiration of the
contracted another marriage within three hundred days period fixed for bringing his action;
after such termination of the former marriage, these rules (2) If he should die after the filing of the complaint
shall govern in the absence of proof to the contrary: without having desisted therefrom; or
(3) If the child was born after the death of the husband.
Applies to marriages that are terminated by whatever (262a)
reason. Thus the problem arises to which marriage the The issue of legitimacy cannot be collaterally attacked.
child belongs. As such the provisions of this article
provides the following presumptions: The rationale for such rule is based on the fact there is
(1) A child born before one hundred eighty days after the presumption of legitimacy in the FC. As such, it fixes
solemnization of the subsequent marriage is the status of children born out of wedlock and such
considered to have been conceived during the former status cannot be attacked collaterally. The legitimacy of
marriage, provided it be born within three hundred child can only be impugned by direct action brought for
days after the termination of the former marriage; that purpose, by the proper parties within the period
(2) A child born after one hundred eighty days following limited by law. Only the husband can impugn the
the celebration of the subsequent marriage is legitimacy of a child as it is strictly the personal right of
considered to have been conceived during such a husband for the simple reason that he is the one
marriage, even though it be born within the three directly confronted with the scandal and ridicule which
hundred days after the termination of the former the infidelity of the wife produces and he should be the
marriage. (259a) one to decide whether to conceal it or expose it in view
Such presumption may be rebutted by proof to the of economic and moral interest involved. Only in
exceptional cases can heirs of the husband exercise can
contrary, and as such the presumption only applies if
impugn the childs legitimacy.
there is absence of proof to the contrary.
The prescriptive period for filing action
Art. 169. The legitimacy or illegitimacy of a child born after One year, counted from the knowledge of birth of the
three hundred days following the termination of the child or recording of such birth in the civil register, if
marriage shall be proved by whoever alleges such legitimacy the husband or in cases provided by Art. 171, any of his
or illegitimacy. (261a) heirs resides in the place where the birth took place or
was recorded
Applies to a situation where marriage is terminated and Two years, counted from the knowledge of the birth of
a child is born after 300 days following termination of the child or recording of such birth in the civil register,
the marriage, which gives rise to the issue of the status if the husband or in his default, all his heirs do not
of the child. As such, the law leaves the burden of proof reside in the place of birth or where it was recorded, if
to whoever may allege such legitimacy or illegitimacy. they live in the Philippines
Three years, counted from the knowledge of the birth of
Art. 170. The action to impugn the legitimacy of the child the child or recording of such birth in the civil register,
shall be brought within one year from the knowledge of the if he husband or in his default, all of his heirs reside
birth or its recording in the civil register, if the husband or, abroad.
in a proper case, any of his heirs, should reside in the city or If the birth of the child has been concealed from or was
municipality where the birth took place or was recorded. unknown to the husband or the heirs, the period shall be
If the husband or, in his default, all of his heirs do not reside counted from the discovery or the knowledge of the
at the place of birth as defined in the first paragraph or birth of the child or of the fact of registration of said
where it was recorded, the period shall be two years if they birth, whichever is earlier.
should reside in the Philippines; and three years if abroad. If Upon the expiration of the foregoing periods, the action
the birth of the child has been concealed from or was to impugn the legitimacy of the chold can no longer be
unknown to the husband or his heirs, the period shall be brought.
counted from the discovery or knowledge of the birth of the Provisions of Art. 170 and 171 apply in the cases of
child or of the fact of registration of said birth, whichever is doubt if a child is indeed a mans child by his wife and
earlier. (263a) the husband (or in proper cases, his heirs) denies the
childs filiation

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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Chapter 2. Proof of Filiation The right to claim legitimacy is strictly belonging to the
Paternity or filiation, or lack of it, is a relationship that child during his or her lifetime. Only under exceptional
must be judicially established and it is for the court to causes may it be exercised by his heirs, as in cases of
declare its existence or absence, thus it cannot be left to An action to establish illegitimate filiation may be
the will of the parties. brought by the child within the same period as stated in
this article, except when action is brought about by
reasons provided in second paragraph of Art. 172 in
Art. 172. The filiation of legitimate children is established by
which case the action must be brought during the
any of the following:
lifetime of the alleged parent. Hence if the reasons are
(1) The record of birth appearing in the civil register or a based on (1) and (2) of Art. 172, the same may be
final judgment; or brought by the child at any time during his/her lifetime.
It is necessary that the putative father must have a The putative parent is given a chance to dispute this
participation in its preparation. It is not indispensable claim, considering that illegitimate children are usually
that the same be signed by the putative father. begotten and raised in secrecy and without the
Baptismal certificate is not a conclusive proof as it does legitimate children being aware of their existence.
not have the same probative value as the birth
certificate. Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the mother, in
(2) An admission of legitimate filiation in a public conformity with the provisions of the Civil Code on
document or a private handwritten instrument and Surnames;
signed by the parent concerned. Illegitimate children shall principally use the surname
The admission must be made personally by the parent of their mother. They may only be allowed to use the
himself/herself. The public document contemplated surname of their father in such exceptional
under this article is purposely executed as an admission circumstances (which appears to be governed by Art.
of filiation and not for other purposes. 172 without the need for judicial proceeding).
Their illegitimate filiation has been expressly
In the absence of the foregoing evidence, the legitimate recognized by their father through the record of birth
filiation shall be appearing in the civil registry
proved by: When an admission of paternity is made by putative
(1) The open and continuous possession of the status of a father in a public instrument or a private handwritten
legitimate child; or instrument.
(2) To receive support from their parents, their
To prove by open and continuous status of an
ascendants, and in proper cases, their brothers and
illegitimate child, there must be evidence of the sisters, in conformity with the provisions of this Code
manifestation of the permanent intention of the on Support; and
supposed father to consider the child as this, by
continuous and clear manifestations of parental Illegitimate children are entitled to support from their
affection and care, which cannot be attributed to pure parents. However, only the separate property of the
charity. person obliged to give support shall be answerable. In
(2) Any other means allowed by the Rules of Court and the case that such person has no exclusive properties,
special laws. (265a, 266a, 267a) the ACP or CPG shall advance support if financially
capable, which shall be deducted from the share of the
Physical resemblance but not always the case (Tijing
spouse obliged upon liquidation of the ACP or CPG
vs. CA and Cabatania vs. CA) (3) To be entitled to the legitimate and other successional
Blood Tests rights granted to them by the Civil Code. (264a)
DNA Tests Illegitimate children are considered as compulsory and
Other proof (not family portrait or pictures) legal heirs with respect to their parents. Their legitime
is one-half of the legitime of a legitimate child
There are 3 kinds of heirs under the law of succession:
Art. 173. The action to claim legitimacy may be brought by
the child during his or her lifetime and shall be transmitted Voluntary- as those in the express will of the testator in
to the heirs should the child die during minority or in a state the latters will and testament
of insanity. In these cases, the heirs shall have a period of five Legal or intestate- called by law to the succession in the
years within which to institute the action. absence of voluntary heirs designated by the testator

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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Compulsory- those who are entitled to legitime and legitimation that took place upon the celebration of
cannot be deprived thereof by the testator unless marriage.
properly disinherited by testator. Marriages void ab inition shall not consider
legitimation since the marriage is deemed never o have
Chapter 3. Illegitimate Children taken place.

Art. 179. Legitimated children shall enjoy the same rights as


Art. 175. Illegitimate children may establish their illegitimate legitimate children. (272a)
filiation in the same way and on the same evidence as
legitimate children. Art. 180. The effects of legitimation shall retroact to the time
The action must be brought within the same period specified of the childs birth. (273a)
in Article 173, except when the action is based on the second Art. 181. The legitimation of children who died before the
paragraph of Article 172, in which case the action may be celebration of the marriage shall benefit their descendants.
brought during the lifetime of the alleged parent. (289a) (274)
Art. 176. Illegitimate children shall use the surname and Art. 182. Legitimation may be impugned only by those who
shall be under the parental authority of their mother, and are prejudiced in their rights, within five years from the time
shall be entitled to support in conformity with this Code. The their cause of action accrues. (275a)
legitime of each illegitimate child shall consist of one-half of
the legitime of a legitimate child. Except for this As such, all the other legal or compulsory heirs of the
modification, all other provisions in the Civil Code governing parents of the legitimated child are to be considered as
successional rights shall remain in force. (287a) proper party to impugn legitimation
It is believed that the cause of action accrues only at the
Chapter 4. Legitimated Children death of parent whose property is transmitted through
Legitimation is a right granted by law to the children succession.
conceived and born outside of wedlock of parents, who The validity of legitimation may only be questioned in
at the time of the conception of the former, were not a direct proceeding.
disqualified by any impediment to marry each other. In
other words, children conceived or born out of wedlock TITLE VII
by parents who could be legally married at the time ADOPTION
they were conceived, cannot be substantially
differentiated from legitimate children once their Art. 183. A person of age and in possession of full civil
parents do marry after their birth. capacity and legal rights may adopt, provided he is in a
position to support and care for his children, legitimate or
illegitimate, in keeping with the means of the family.
Art. 177. Only children conceived and born outside of Only minors may be adopted, except in the cases when the
wedlock of parents who, at the time of the conception of the adoption of a person of majority age is allowed in this Title.
former, were not disqualified by any impediment to marry
each other may be legitimated. (269a) In addition, the adopter must be at least sixteen years older
Any impediment to marry is a legal obstacle to than the person to be adopted, unless the adopter is the
contracting a valid marriage. This may include being parent by nature of the adopted, or is the spouse of the
under age of 18 or impediments under Art 37 and 38. legitimate parent of the person to be adopted. (27a, E. O. 91
The child may not be legitimated if the impediment and PD 603)
exists at the time of conception of the child. If it existed
after the child is conceived, then the child may be Art. 184. The following persons may not adopt:
legitimated.
(1) The guardian with respect to the ward prior to the
approval of the final accounts rendered upon the
Art. 178. Legitimation shall take place by a subsequent valid termination of their guardianship relation;
marriage between parents. The annulment of a voidable
marriage shall not affect the legitimation. (270a) (2) Any person who has been convicted of a crime
No additional acts are needed on the part of the children involving moral turpitude;
or the parents
It is essential that the marriage must be valid or at least (3) An alien, except:
voidable, to which the annulment shall not affect the
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
(4) (a) A former Filipino citizen who seeks to adopt a (4) The illegitimate children, ten years of age or over, of
relative by consanguinity; (b) One who seeks to adopt the the adopting parent, if living with said parent and
legitimate child of his or her Filipino spouse; or (c) One the latter's spouse, if any; and
who is married to a Filipino citizen and seeks to adopt
jointly with his or her spouse a relative by consanguinity (5) The spouse, if any, of the person adopting or to be
of the latter. adopted. (31a, E. O. 91 and PD 603)

Aliens not included in the foregoing exceptions may adopt


Filipino children in accordance with the rules on inter- Art. 189. Adoption shall have the following effects:
country adoptions as may be provided by law. (28a, E. O. 91 (1) For civil purposes, the adopted shall be deemed to
and PD 603) be a legitimate child of the adopters and both shall
acquire the reciprocal rights and obligations arising
Art. 185. Husband and wife must jointly adopt, except in the from the relationship of parent and child, including
following cases: the right of the adopted to use the surname of the
adopters;
(1) When one spouse seeks to adopt his own illegitimate (2) The parental authority of the parents by nature
child; or over the adopted shall terminate and be vested in
(2) When one spouse seeks to adopt the legitimate child the adopters, except that if the adopter is the spouse
of the other. (29a, E. O. 91 and PD 603) of the parent by nature of the adopted, parental
authority over the adopted shall be exercised jointly
by both spouses; and
Art. 186. In case husband and wife jointly adopt or one
spouse adopts the legitimate child of the other, joint parental (3) The adopted shall remain an intestate heir of his
authority shall be exercised by the spouses in accordance parents and other blood relatives. (39(1)a, (3)a, PD
with this Code. (29a, E. O. and PD 603) 603)
Art. 187. The following may not be adopted:
Art. 190. Legal or intestate succession to the estate of the
(1) A person of legal age, unless he or she is a child by adopted shall be governed by the following rules:
nature of the adopter or his or her spouse, or, prior (1) Legitimate and illegitimate children and
to the adoption, said person has been consistently descendants and the surviving spouse of the adopted
considered and treated by the adopter as his or her shall inherit from the adopted, in accordance with
own child during minority. the ordinary rules of legal or intestate succession;
(2) An alien with whose government the Republic of (2) When the parents, legitimate or illegitimate, or the
the Philippines has no diplomatic relations; and legitimate ascendants of the adopted concur with the
adopter, they shall divide the entire estate, one-half
(3) A person who has already been adopted unless such to be inherited by the parents or ascendants and the
adoption has been previously revoked or rescinded. other half, by the adopters;
(30a, E. O. 91 and PD 603)
(3) When the surviving spouse or the illegitimate
children of the adopted concur with the adopters,
Art. 188. The written consent of the following to the adoption they shall divide the entire estate in equal shares,
shall be necessary: one-half to be inherited by the spouse or the
(1) The person to be adopted, if ten years of age or illegitimate children of the adopted and the other
over, half, by the adopters.
(2) The parents by nature of the child, the legal
guardian, or the proper government (4) When the adopters concur with the illegitimate
instrumentality; children and the surviving spouse of the adopted,
they shall divide the entire estate in equal shares,
(3) The legitimate and adopted children, ten years of one-third to be inherited by the illegitimate children,
age or over, of the adopting parent or parents; one-third by the surviving spouse, and one-third by
the adopters;

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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
(5) When only the adopters survive, they shall inherit Congress enacted R.A. 8043 and R.A. 8552, which covers
the entire estate; and inter-country and domestic adoption, however such laws did not
repeal the provisions of the FC on adoption
(6) When only collateral blood relatives of the adopted
survive, then the ordinary rules of legal or intestate R.A. 8552 governs domestic adoption, regardless of whether or
succession shall apply. (39(4)a, PD 603) not adopter is a citizen or alien, while R.A. 8043 govers
adoptions of Filipino children by adopter who may not be
qualified to adopt under the FC or R.A. 8552
Art. 191. If the adopted is a minor or otherwise
incapacitated, the adoption may be judicially rescinded upon Domestic adoption
petition of any person authorized by the court or proper Filipino adopter must be:
government instrumental acting on his behalf, on the same 1. Of legal age
grounds prescribed for loss or suspension of parental 2. At least 16 years older than the adoptee unless the
authority. If the adopted is at least eighteen years of age, he adopter is the biological parent of the adoptee or spouse of the
may petition for judicial rescission of the adoption on the adoptees parent
same grounds prescribed for disinheriting an ascendant.
(40a, PD 603)
3. In possession of full civil capacity and legal right
4. Of good moral character and not convicted of an
Art. 192. The adopters may petition the court for the judicial offense involving moral turptitude
rescission of the adoption in any of the following cases: 5. Emotionally and psychologically capable of caring for
the children and in a position to support and care for his or her
(1) If the adopted has committed any act constituting children in keeping with the means of the family
ground for disinheriting a descendant; or
(2) When the adopted has abandoned the home of the - A person not in possession of his/her full civil rights
adopters during minority for at least one year, or, by cannot adopt as in the case of insane, imbecile, deaf-mute or
some other acts, has definitely repudiated the persons in civil interdiction cannot adopt
adoption. (41a, PD 603)
Alien adopter
1. Has same qualifications as Filipino adopter
Art. 193. If the adopted minor has not reached the age of 2. His/her country must have diplomatic relations with the
majority at the time of the judicial rescission of the adoption, Philippines
the court in the same proceeding shall reinstate the parental 3. Has been certified by his/her diplomatic or consular
authority of the parents by nature, unless the latter are office pr appropriate government agency to be legally capable
disqualified or incapacitated, in which case the court shall of adopting in his/her country
appoint a guardian over the person and property of the
4. His/her government allows the adoptee to enter his/her
minor. If the adopted person is physically or mentally
country as an adopted child
handicapped, the court shall appoint in the same proceeding
a guardian over his person or property or both. 5. Has been residing in the Philippines for the past 3 years
Judicial rescission of the adoption shall extinguish all prior to the filing of the application for adoption and
reciprocal rights and obligations between the adopters and maintains the same until the adoption decree is entered
the adopted arising from the relationship of parent and
child. The adopted shall likewise lose the right to use the Residency and certification requirements waivable in the
surnames of the adopters and shall resume his surname following cases:
prior to the adoption. 1. Former citizen who wishes to adopt a relative within
4th degree of consanguinity or affinity
The court shall accordingly order the amendment of the 2. One who seeks to adopt the legitimate child of their
records in the proper registries. (42a, PD 603) Filipino spouse
3. One who is married to a Filipino citizen and wishes to
Adoption is the process of making a child, whether or not adopt jointly with their spouse the relative of the latter within
related to the adopter, possess in general the rights accorded to a the 4th degree of consaguinity or affinity.
legitimate child.
- Guardian may not adopt their ward prior to the
Adoption is an accion in rem which creates a relation between approval of the final accounts rendered upon the termination of
two persons which results from legitimate paternity and filiation, their guardianship
as well as creates a legitimate status.

52
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
- Joint adoption of husband and wife is required except in
the following csaes Jurisdiction and venue
- One spouse seeks to adopt the legitimate child of the - Jurisdiction is under the Family Court
other - Proceedings are in rem, hence publication is necessary to give
- One spouse seeks to adopt their illegitimate child, proper notice to the parties
provided the other spouse consents. Here both spouses
exercise parental authority over the child Contents of petition
- If the spouses are legally separated 1. Domestic
a. Jurisdiction facts
Who may be adopted b. Should allege that
1. Any person below 18 years of age who has been i. Name, age, residence of the adoptee as shown in the
administratively or judicially put up for adoption birth, baptismal or foundling certificate and school
a. Covers those voluntarily or involuntarily committed to records
the DSWD or a duly licensed and accredited child ii. The adoptee is not disqualifed by law to be adopte
placing or child caring agency and has been freed of the iii. The probable value and character of the estate
parental authority by their biological parents of the adoptee
2. The legitimate child of one spouse by the other spouse iv. Name by which the adoptee is to be known or
3. An illegitimate child by a qualied adopter to render registered in the Civil Registry
them legitimate v. Also requires certificate of NFS
4. A person of legal age if prior to the adoption, said vi.
persons has been consistently considered and treated by the
adopter as his/her child since minority
c. Requirements to adopt (see Filipino and Alien adopter
must be)
5. A child whose adoption as has been previously
rescinded
d. See adoption for guardians and for spouses for rules and
exceptions
6. A child whose biological or adoptive parents have died
e. If the adoptee is a foundlng, the petition shall allege the
a. Requires that child is below 18 years old entries which should appear in his birth certificate
b. No adoption proceedings shall be initiated within 6 f. If petition prays for a change of name, it shall also state
months from the death of said parents the cause or reason for the change of name.
c. In Santos Jr. vs. Republic, the SC ruled against adoption
of a sibling of his other sibling. But the law does not Rectification of simulation of birth
prohibit adoption of relatives. 1. Simulation of birth - tampering of the civil registry
making it appear in the birth records that a certain child is
Written consent of the required in the following cases: born to persons whoare not their biological parents
1. The adoptee if 10 years old 2. Prior to the effectivity of R.A. 8552, a person who
2. Biological parents of the child, if known, or the legal simulated the birth of a child shall not be punished if:
guardian, or the proper government agency which has legal a. Done in the best interests of the child and that the child
custody of the child has been consistently been considered or treated as the
a. Child is declared abandoned if biological parents cannot child of the person
be found or located b. The application for the correction of the birth registration
3. Illegitimate children of the adopter, if 10 years old, and the petition for adoption shall be filed within 5 years
and living with the said adopter and the latters spouse from the effectivity of the said law
4. The spouse, if any, of the person adopting or to be c. Such person complies with the procedure as specified in
adopted Art. IV of R.A. 8552 and the requirements as determined
- Absence of parental authority on the part of the by the DSWD
biological parent does not necessarily mean that their consent 3. If seeking rectification of a simulation of birth
is not required a. Petition ia applying for rectification of a simulated birth
- Law, in requiring consent of biological parents of the b. Simulation made prior to the effectivity of R.A. 8552 and
child, does not distinguish between illegitimate or legitimate petition for both rectification and adoption was filed
filiation within 5 years from said date
- Written consent of natural parents may be dispensed c. Simulation done in the best interests of the child
with when the parent has abandoned the child or such parent is
insane or hopelessly intemperate
d. That the child has been consistently been considered or
treated as the child of the person
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Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
v. The spouse, if any, of the adopter or adoptee.
Adoption of foundling, abandoned, dependent or neglected child c. Child study report on the adoptee and his biological
1. Definition of terms parents by DSWD;
a. Foundling refers to a deserted or abandoned infant or d. If the petitioner is an alien, certification by his diplomatic
child whose parents, guardian or relatives are unknown; or consular office or any appropriate government agency
or a child committed to an orphanage or charitable or that he has the legal capacity to adopt in his country and
similar institution with unknown facts of birth and that his government allows the adoptee to enter his
parentage and registered in the Civil Register as a country as his own adopted child unless exempted under
foundling. Section 4(2);
b. Abandoned child refers to one who has no proper e. Home study report on the adopters. If the adopter is an
parental care or guardianship or whose parents have alien or residing abroad but qualified to adopt, the home
deserted him for a period of at least six (6) continuous study report by a foreign adoption agency duly accredited
months and has been judicially declared as such. by the Inter-Country Adoption Board; and
c. Dependent child refers to one who is without a parent, f. Decree of annulment, nullity or legal separation of the
guardian or custodian or one whose parents, guardian or adopter as well as that of the biological parents of the
other custodian for good cause desires to be relieved of adoptee, if any.
his care and custody and is dependent upon the public for
support. Effects of adoption:
d. Neglected child is one whose basic needs have been 1. All ties with the biological parents are severed and they
deliberately not attended to or inadequately attended to, shall be vested with the adopter, unless where the biological
physically or emotionally, by his parents or guardian. parent is the spouse of the adopter
2. Contents of petition 2. Adopted child is entitled to all the rights of the
a. The facts showing that the child is a foundling, legitimate child of the adopter
abandoned, dependent or neglected; 3. Right to use the surname of the adopter
b. The names of the parents, if known, and their residence. 4. Support from adopter
If the child has no known or living parents, then the name 5. Compulsary heir of adoptive parents but only
and residence of the guardian, if any; testamentary heir of biological parents, and likewise serves as
c. The name of the duly licensed child-placement agency or legal heir of adopter o
individual under whose care the child is in custody; and
d. That the Department, child-placement or child-caring Rescission of adoption
agency is authorized to give its consent. 1. Right to rescind is vested with adopted child, with
3. When there is also a petition for change of name, assistance if minor or incapacitated
contents are: 2. Grounds
a. The registered name of the child; a. repeated physical and verbal maltreatment by the
b. Aliases or other names by which the child has been adopter(s) despite having undergone counseling;
known; and b. attempt on the life of the adoptee;
c. The full name by which the child is to be known. c. sexual assault or violence; or
4. Annexes to petition d. abandonment and failure to comply with parental
a. Birth, baptismal or foundling certificate, as the case may obligations.
be, and school records showing the name, age and 3. Action prescribes in 5 years after reaching age of
residence of the adoptee; majority or removal of incapacity
b. Affidavit of consent of the following: 4. Effects of rescission
i. The adoptee, if ten (10) years of age or over; a. the parental authority of the adoptee's biological
ii. The biological parents of the child, if known, or the parent(s), if known, or the legal custody of the
legal guardian, or the child-placement agency, child- Department shall be restored if the adoptee is still a
caring agency, or the proper government minor or incapacitated.
instrumentality which has legal custody of the child; b. The reciprocal rights and obligations of the adopter(s)
iii. The legitimate and adopted children of the and the adoptee to each other shall be extinguished.
adopter and of the adoptee, if any, who are ten (10) c. The court shall order the Civil Registrar to cancel the
years of age or over; amended certificate of birth of the adoptee and restore
iv. The illegitimate children of the adopter living his/her original birth certificate.
with him who are ten (10) years of age or over; and

54
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
d. Succession rights shall revert to its status prior to SUPPORT
adoption, but only as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial Art. 194. Support comprises everything indispensable for
rescission shall be respected. sustenance, dwelling, clothing, medical attendance, education
and transportation, in keeping with the financial capacity of
Inter-country adoption the family.
1. Governed by R.A. 8043 The education of the person entitled to be supported referred
to in the preceding paragraph shall include his schooling or
2. Who may adopt
training for some profession, trade or vocation, even beyond
a. An alien or a Filipino citizen permanently residing the age of majority. Transportation shall include expenses in
abroad may file an application for inter-country adoption going to and from school, or to and from place of work.
of a Filipino child if he/she: (290a)
i. is at least twenty-seven (27) years of age and at least
sixteen (16) years older than the child to be adopted, - Support only encompasses everything necessary for the
at the time of application unless the adopter is the sustenance of life, hence other financial expenses are not
parent by nature of the child to be adopted or the covered by the provision such as funeral expenses
spouse of such parent:
ii. if married, his/her spouse must jointly file for the -
adoption;
iii. has the capacity to act and assume all rights Art. 195. Subject to the provisions of the succeeding articles,
and responsibilities of parental authority under his the following are obliged to support each other to the whole
national laws, and has undergone the appropriate extent set forth in the preceding article:
counseling from an accredited counselor in his/her
country; (1) The spouses;
iv. has not been convicted of a crime involving (2) Legitimate ascendants and descendants;
moral turpitude;
v. is eligible to adopt under his/her national law; (3) Parents and their legitimate children and the
vi. is in a position to provide the proper care and legitimate and illegitimate children of the latter;
support and to give the necessary moral values and
example to all his children, including the child to be (4) Parents and their illegitimate children and the
adopted;
legitimate and illegitimate children of the latter; and
vii. agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N.
(5) Legitimate brothers and sisters, whether of full or
Convention on the Rights of the Child, and to abide
half-blood (291a)
by the rules and regulations issued to implement the
provisions of this Act;
viii. comes from a country with whom the - For a spouse to be entitled to support, he or she must be the
legitimate spouse
Philippines has diplomatic relations and whose
government maintains a similarly authorized and - Illegitimate descendants from legitimate or illegitimate
accredited agency and that adoption is allowed under parents are entitled to support from their grandparents
his/her national laws; and - Brothers or sisters, whether legitimate or not, and whether
ix. possesses all the qualifications and none of the half or full blood, are bound to support each other, as set forth
disqualifications provided herein and in other under Art. 196
applicable Philippine laws.
Art. 196. Brothers and sisters not legitimately related,
b. Who may be adopted
whether of the full or half-blood, are likewise bound to
i. Only a legally free child may be subject to inter- support each other to the full extent set forth in Article 194,
country adoption, who has been voluntarily or except only when the need for support of the brother or
involuntarily committed to the DSWD either as sister, being of age, is due to a cause imputable to the
dependent, neglected or abandoned claimant's fault or negligence. (291a)
ii. Application shall be filed either with the Family
Court where the child resides or may be found or Art. 197. In case of legitimate ascendants; descendants,
with the Inter-country Adoption Board whether legitimate or illegitimate; and brothers and sisters,
whether legitimately or illegitimately related, only the
TITLE VIII separate property of the person obliged to give support shall

55
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
be answerable provided that in case the obligor has no 4. The FCourt may order the direct deduction of the
separate property, the absolute community or the conjugal provisional support from the salary of the spouse
partnership, if financially capable, shall advance the - the common children shall be supported by the AC or CG
support, which shall be deducted from the share of the properties, the court may likewise either or both spouses to
spouse obliged upon the liquidation of the absolute provide support
community or of the conjugal partnership. (n)
- In determining amount of support for the common children,
the following factors shall be used to determine the same:
- Properties which are answerable for support are those under
the ACP or CPG. The spouses shall be solidarily liable in case
1. Financial resources of the custodial and non-custodial
parent of the child
the AC or CP is insufficient
2. physical, emotional health and special needs and
aptitudes of the child
- Support for illegitimate children shall be taken from the
separate properties of the spouses 3. standard of living that the child has been accustomed to
- Under R.A. 9262, the spouse who is a victim of spousal
Art. 198. During the proceedings for legal separation or for violence may apply for Temporary Protection Order which
annulment of marriage, and for declaration of nullity of will grant a more immediate faster remedy for support
marriage, the spouses and their children shall be supported
from the properties of the absolute community or the Art. 199. Whenever two or more persons are obliged to give
conjugal partnership. After the final judgment granting the support, the liability shall devolve upon the following
petition, the obligation of mutual support between the persons in the order When therein provided:
spouses ceases. However, in case of legal separation, the
court may order that the guilty spouse shall give support to (1) The spouse;
the innocent one, specifying the terms of such order. (292a) (2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
- upon the final judgment granting the petition for declaration (4) The brothers and sisters. (294a)
of nullity of marriage or petition for annulment of marriage,
the obligation to provide support for each other ceases - When the obligation for support falls upon two or more
- support pendente lite is a provisional remedy for support for persons, the same shall be divided equally among them, and
the spouses and the children which is granted during the the judge may order only one of them to provide in case of
pendency of the petition for annulment or declaration of urgency subject to the right to reimbursement of the other
nullity of marriage, which the court shall grant in the absence - When two or more persons who are seeking support from one
of a written agreement between spouses who is obliged to but has insufficient means, the order
- A defense against support pendente lite is that there is denial provided for under Art. 199 shall be followed unless the
of existence of a valid marriage, or that the other spouse has concurrent obligees are the spouse and the children in which
committed an act of adultery if proven case the children shall be preferred
- Rules for procedure in determining support for spouses: Art. 200. When the obligation to give support falls upon two
1. In absence of a written agreement, the AC or CP or more persons, the payment of the same shall be divided
2. Shall be as amount that the court may deem just based between them in proportion to the resources of each.
on the standard of living during the marriage However, in case of urgent need and by special
3. Shall consider the following factors: circumstances, the judge may order only one of them to
a. custody of children furnish the support provisionally, without prejudice to his
right to claim from the other obligors the share due from
b. time necessary to acquire sufficient education and
them.
training for the spouse to obtain appropriate employment,
and that spouses future earning capacity
When two or more recipients at the same time claim support
c. duration of marriage from one and the same person legally obliged to give it,
d. financial capacities of either spouse should the latter not have sufficient means to satisfy all
e. obligations and needs of either spouse claims, the order established in the preceding article shall be
f. contributions rendered by the spouses during the followed, unless the concurrent obligees should be the spouse
pendency of the marriage and a child subject to parental authority, in which case the
g. age and health of the spouses child shall be preferred. (295a)
h. physical and emotional conditions of the spouses Art. 201. The amount of support, in the cases referred to in
i. ability of supporting spouse to give support Articles 195 and 196, shall be in proportion to the resources
j. Any other factors just and equitable
56
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
or means of the giver and to the necessities of the recipient. to the needy individual, with right of reimbursement from
(296a) the person obliged to give support. This Article shall
particularly apply when the father or mother of a child
Art. 202. Support in the cases referred to in the preceding under the age of majority unjustly refuses to support or fails
article shall be reduced or increased proportionately, to give support to the child when urgently needed. (2166a)
according to the reduction or increase of the necessities of
the recipient and the resources or means of the person - the term stranger refers to the third person who has no
obliged to furnish the same. (297a) obligation to provide support to the person entitled to receive
it
Art. 203. The obligation to give support shall be demandable - The obligation to reimburse arises out of quasi-contract
from the time the person who has a right to receive the same
needs it for maintenance, but it shall not be paid except from
-
Art. 208. In case of contractual support or that given by will,
the date of judicial or extra-judicial demand.
the excess in amount beyond that required for legal support
shall be subject to levy on attachment or execution.
Support pendente lite may be claimed in accordance with the
Rules of Court.
Furthermore, contractual support shall be subject to
adjustment whenever modification is necessary due to
Payment shall be made within the first five days of each
changes of circumstances manifestly beyond the
corresponding month or when the recipient dies, his heirs
contemplation of the parties. (n)
shall not be obliged to return what he has received in
advance. (298a)
- contractual support arises from the will of the obligor, which
Art. 204. The person obliged to give support shall have the is usually in a will, or the agreement of the parties
option to fulfill the obligation either by paying the allowance - the recipient need not be mutually obliged to give support
fixed, or by receiving and maintaining in the family dwelling unlike in legal support
the person who has a right to receive support. The latter - the excess beyond what is necessary for legal support, in
alternative cannot be availed of in case there is a moral or case of a will, shall be subject to levy on attachment or
legal obstacle thereto. (299a) execution
- Contractual support may be waived or renounced
- Where the duty to provide support is admitted but fails to do
so causing the need for the other party to seek judicial TITLE IX
intervention, the person obliged to provide support shall pay PARENTAL AUTHORITY
reasonable attorneys fees incurred by the other. Chapter 1. General Provisions
- Judgment in action for support is immediately executory and
cannot be stayed by an appeal Art. 209. Pursuant to the natural right and duty of parents
- Characteristics of right to support over the person and property of their unemancipated
children, parental authority and responsibility shall include
1. Cannot be levied upon or made attachment or
the caring for and rearing them for civic consciousness and
execution, which would defeat the purpose of the same
efficiency and the development of their moral, mental and
2. Cannot be renounced or transmitted to a third preson physical character and well-being. (n)
3. Cannot be made subject of a future inheritance
4. Cannot be subject to compensation

Art. 205. The right to receive support under this Title as well - Parental authority is the mass of rights and obligations which
as any money or property obtained as such support shall not the parents have in relation to the person and property of their
be levied upon on attachment or execution. (302a) children until their majority age of emancipation, and even
after this in certain circumstances
Art. 206. When, without the knowledge of the person obliged - Parental authority is exercised over unemacipated children
to give support, it is given by a stranger, the latter shall have and may be exercised notwithstanding the age of majority of
a right to claim the same from the former, unless it appears their children as in the case of parental consent for marriage
that he gave it without intention of being reimbursed. when one of the parties is below 21 years old
(2164a)
Consequences of parental authority
Art. 207. When the person obliged to support another 1. Right to have the children in their custody or company
unjustly refuses or fails to give support when urgently
needed by the latter, any third person may furnish support 2. Right to be obeyed and respected

57
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
3. Right to impose discipline as may be required by the appoints another person to be the guardian of the person or
circumstances property of the children. (n)
4. Right to give and withhold consent in certain matters
5. Right to exercise legal guardianship over the property - While parental authority is jointly exercised, there are cases
of the unemancipated children where the exercise of parental authority is primarily lodged
with the father (see Art. 14 and Art. 78) in case of legitimate
6. Limited right to usufruct over the childrens properties
children
7. Duty to support, educate and instruct them by right
- Parental authority over illegitimate children shall be exercised
precept and good example, and to provide for their upbringing
by the mother regardless of whether or not the father admits
in keeping with their means
paternity and filiation
8. Duty to give them love and affection, advice and
- Visitation rights may be granted to non-custodial parents
comfort, companionship and understanding
9. Duty to provide them with moral and spiritual Art. 213. In case of separation of the parents, parental
guidance, inculcate in them honesty, integrity, self-discipline, authority shall be exercised by the parent designated by the
self-reliance, industry and thrift, stimulate their interest in Court. The Court shall take into account all relevant
civic affairs, and inspire in them compliance with the duties considerations, especially the choice of the child over seven
of citizenship years of age, unless the parent chosen is unfit. (n)
10. Duty to furnish them with good and wholesome
educational materials, supervise their activities, recreation and No child under seven years of age shall be separated from
association with others, protect them from bad company, and the mother unless the court finds compelling reasons to order
prevent them from acquiring habits detrimental to their health, otherwise
studies and morals;
11. Duty to represent them in all matters affecting their - The award of custody to the innocent spouse does not mean
interests; deprivation of parental authority of the guilty spouse
12. Duty to perform such other duties as are imposed by - Compelling reasons for separation of mother from child does
law upon parents and guardians. not necessarily mean that if the wife is the guilty spouse, the
child will be separated from her
- The rights and duties of parental authority cannot be - Compelling reasons include
renounced or waived except only in cases of adoption, - Neglect, abandonment
guardianship, surrender of children in childrens home or
orphans institution
- Unemployment, immorality
- If there is a need to impose disciplinary measures on the - Habitual drunkenness
child, the same may be obtained through petition with the - Drug addiction, maltreatment of child, insanity and
court which may be granted by way of commitment of the communicable diseases
child in an institution for not more than 30 days, but the - Husband must prove that such reasons have had an adverse
parents shall still provide support. effect on the welfare of the child or have distracted the spouse
from exercising proper parental care
Art. 210. Parental authority and responsibility may not be - If child is over 7 years old, they may make their own choice
renounced or transferred except in the cases authorized by but the court shall not be bound by the same
law. (313a)
Art. 214. In case of death, absence or unsuitability of the
Art. 211. The father and the mother shall jointly exercise parents, substitute parental authority shall be exercised by
parental authority over the persons of their common the surviving grandparent. In case several survive, the one
children. In case of disagreement, the father's decision shall designated by the court, taking into account the same
prevail, unless there is a judicial order to the contrary. consideration mentioned in the preceding article, shall
exercise the authority. (355a)
Children shall always observe respect and reverence towards
their parents and are obliged to obey them as long as the Art. 215. No descendant shall be compelled, in a criminal
children are under parental authority. (311a) chan robles case, to testify against his parents and grandparents, except
virtual law library when such testimony is indispensable in a crime against the
descendant or by one parent against the other. (315a)
Art. 212. In case of absence or death of either parent, the
parent present shall continue exercising parental authority. - Compared to Sec. 25, Rule 130
The remarriage of the surviving parent shall not affect the
parental authority over the children, unless the court

58
Civil Law Examination Reviewer
Persons and Family Relations Reference: Elmer T. Rabuya. The Law
on Persons and Family Relations
Art. 215 Sec. 25, Rule 130 parental authority shall be entrusted in summary judicial
proceedings to heads of children's homes, orphanages and
Applies only to criminal cases Both civil and criminal similar institutions duly accredited by the proper
government agency. (314a)
Invoked by descendants Both descendants and
ascendants
- Foundling refers to a deserted or abandoned infant or
Criminal cases against parents Both civil and criminal, child whose parents, guardian or relatives are unknown; or a
and grandparents and likewise against other child committed to an orphanage or charitable or similar
direct ascendants, children institution with unknown facts of birth and parentage and
and other descendants registered in the Civil Register as a foundling.
- Abandoned child refers to one who has no proper parental
Not absolute if testimony is Absolute with no care or guardianship or whose parents have deserted him for
indispensible in a crime against exceptions a period of at least six (6) continuous months and has been
the descendants, or by one parent judicially declared as such.
against the other - Neglected child is one whose basic needs have been
deliberately not attended to or inadequately attended to,
physically or emotionally, by his parents or guardian, which
- can be physical neglect or emotional neglect (see Art. 141,
Chapter 2. Substitute and Special Parental Authority No 3, PD 603)

Art. 216. In default of parents or a judicially appointed Art. 218. The school, its administrators and teachers, or the
guardian, the following person shall exercise substitute individual, entity or institution engaged in child are shall
parental authority over the child in the order indicated: have special parental authority and responsibility over the
minor child while under their supervision, instruction or
(1) The surviving grandparent, as provided in Art. 214; custody.
(2) The oldest brother or sister, over twenty-one years
of age, unless unfit or disqualified; and Authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the
(3) The child's actual custodian, over twenty-one years school, entity or institution. (349a)
of age, unless unfit or disqualified.
Art. 219. Those given the authority and responsibility under
Whenever the appointment or a judicial guardian over the the preceding Article shall be principally and solidarily liable
property of the child becomes necessary, the same order of for damages caused by the acts or omissions of the
preference shall be observed. (349a, 351a, 354a) unemancipated minor. The parents, judicial guardians or the
persons exercising substitute parental authority over said
- Due to the deep ties that bind parents to child, the mother or minor shall be subsidiarily liable.
father, if suitable, is entitled to the custody of the child over
all other persons even their grandparents The respective liabilities of those referred to in the preceding
- Parental preference rule may not be invoked by the father of paragraph shall not apply if it is proved that they exercised
an illegitimate child in case of death, absence or the proper diligence required under the particular
unsuitability of the mother since Art. 176 provides that the circumstances.
illegitimate child is not under the parental authority of the
father. Hence in case of death of both mother and father, the All other cases not covered by this and the preceding articles
grandparents on the maternal side shall be entitled to the shall be governed by the provisions of the Civil Code on
custody of the child quasi-delicts. (n)

Who may exercise substitute parental authority - Special parental authority is granted by law to certain
1. Grandparents as provided for under Art. 214 persons, entities or institutions in view of their special
relation to children under their supervision, instruction or
2. Older brother or sister, over 21 years old, unless unfit or
custody
disqualified
3. The childs actual custodian, over 21 years old, unless
- Those who may exercise special parental authority include
unfit or disqualified - The School
- Its administrators and teachers
Art. 217. In case of foundlings, abandoned neglected or - The individual, entity or institution engaged in
abused children and other children similarly situated, child rearing
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on Persons and Family Relations
2. Right to discipline the child, which covers both the
moral and ethical standards
Chapter 3. Effect of Parental Authority 3. Right to control and manage the childs earnings
Upon the Persons of the Children
4. Right to be supported by the adult child
Art. 220. The parents and those exercising parental authority 5. Right to have child bear the parents name
shall have with the respect to their unemancipated children 6. Right to prevent adoption without parents consent
on wards the following rights and duties:
(1) To keep them in their company, to support, educate and - Duty of the parents to provide support to their children is
instruct them by right precept and good example, and to not necessarily terminated upon the emancipation of the
provide for their upbringing in keeping with their means; same
(2) To give them love and affection, advice and counsel, - Parents have a duty to represent their unemancipated
companionship and understanding; children in all matters affecting their interests, as well as in
court litigations as provided in Sec. 5, Rule 3, RoC
(3) To provide them with moral and spiritual guidance,
- Parents also have the duty to give their unemancipated
inculcate in them honesty, integrity, self-discipline, self-
children proper advice and counsel, and may be extend to
reliance, industry and thrift, stimulate their interest in civic
giving consent even beyond the age of emancipation, like in
affairs, and inspire in them compliance with the duties of
case of parental consent in case of marriage where parties
citizenship;
are of age 18 to 21.
(4) To furnish them with good and wholesome educational - Under the law, children below 15 years of age shall not be
materials, supervise their activities, recreation and employed unless the child is under the sole responsibility of
association with others, protect them from bad company, and his or her parents or legal guardian and where there are only
prevent them from acquiring habits detrimental to their members or his/her family are employed
health, studies and morals; - A child below 15 years old may likewise be employed in the
public entertainment or information, provided that the
(5) To represent them in all matters affecting their interests; employment contract is concluded with the parents or legal
guardian, with the childs express agreement if possible, and
(6) To demand from them respect and obedience; with the approval of the DSWD
- In order to be liable for quasi delict under Art. 221, the
(7) To impose discipline on them as may be required under requisites are
the circumstances; and - the minor is living under the custody of the parent
- the minor is under the custody of the parent
(8) To perform such other duties as are imposed by law upon - the parents failed to exercise due diligence of a
parents and guardians. (316a)
good father of a family to prevent the damage
Art. 221. Parents and other persons exercising parental - Art. 2180 also imposes civil liability on the father, or the
authority shall be civilly liable for the injuries and damages mother in case of the fathers death for any quasi-delict
caused by the acts or omissions of their unemancipated committed by the minor children who lives with them as
children living in their company and under their parental long as the same is under 21 years old
authority subject to the appropriate defenses provided by - Liability of parents for crimes committed by their children is
law. (2180(2)a and (4)a ) governed by Art. 101 of the RPC, as well as civil liability
arising from criminal offenses committed by their minor
Art. 222. The courts may appoint a guardian of the child's children
property or a guardian ad litem when the best interests of - The liability of the parents under said provisions of law are
the child so requires. (317) primary and not subsidiary

Parental rights as provided for and protected by law and statutes Art. 223. The parents or, in their absence or incapacity, the
1. Custody of child, and in case of custodial parent individual, entity or institution exercising parental authority,
includes the day to day care and companionship of the child may petition the proper court of the place where the child
a. Ancillary to the proper discharge of parental duties to resides, for an order providing for disciplinary measures
over the child. The child shall be entitled to the assistance of
provide the children with adequate support, education,
moral, intellectual and civic training and development counsel, either of his choice or appointed by the court, and a
summary hearing shall be conducted wherein the petitioner
b. Such rule applies to legitimate children only since and the child shall be heard.
illegitimate children is under sole parental authority of
the mother
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on Persons and Family Relations
However, if in the same proceeding the court finds the Art. 226. The property of the unemancipated child earned or
petitioner at fault, irrespective of the merits of the petition, acquired with his work or industry or by onerous or
or when the circumstances so warrant, the court may also gratuitous title shall belong to the child in ownership and
order the deprivation or suspension of parental authority or shall be devoted exclusively to the latter's support and
adopt such other measures as it may deem just and proper. education, unless the title or transfer provides otherwise.
(318a)
The right of the parents over the fruits and income of the
Art. 224. The measures referred to in the preceding article child's property shall be limited primarily to the child's
may include the commitment of the child for not more than support and secondarily to the collective daily needs of the
thirty days in entities or institutions engaged in child care or family. (321a, 323a)
in children's homes duly accredited by the proper
government agency. Art. 227. If the parents entrust the management or
administration of any of their properties to an
The parent exercising parental authority shall not interfere unemancipated child, the net proceeds of such property shall
with the care of the child whenever committed but shall belong to the owner. The child shall be given a reasonable
provide for his support. Upon proper petition or at its own monthly allowance in an amount not less than that which the
instance, the court may terminate the commitment of the owner would have paid if the administrator were a stranger,
child whenever just and proper. (391a) unless the owner, grants the entire proceeds to the child. In
any case, the proceeds thus give in whole or in part shall not
- Under both the provisions of the NCC and the FC, parents be charged to the child's legitime. (322a)
may impose disciplinary measures to the extent required by
the circumstances - Under the FC, father and mother shall exercise joint legal
guardianship over the property of the unemancipated
Chapter 4. Effect of Parental Authority Upon common child, without need of a court appointment.
the Property of the Children However, when the property or annual income exceeds
50,000 pesos, the law requires the parents to furnish a bond
Art. 225. The father and the mother shall jointly exercise equivalent to the market value of the property of the annual
legal guardianship over the property of the unemancipated income.
common child without the necessity of a court appointment. - Properties earned or acquired by the minor child through
In case of disagreement, the father's decision shall prevail, onerous or gratuitous title shall be considered as owned by
unless there is a judicial order to the contrary. the child, but things given as part of support or necessities
Where the market value of the property or the annual shall be considered as owned by the parent and do not
income of the child exceeds P50,000, the parent concerned belong to the child. However, clothing furnished through
shall be required to furnish a bond in such amount as the funds by parents for general purposes. without specific
court may determine, but not less than ten per centum (10%) instructions as to the appropriation, shall be not considered
of the value of the property or annual income, to guarantee as property of the parent
the performance of the obligations prescribed for general - Parents have a limited right of usufruct over the property of
guardians. the minor child, and only for the following purposes
A verified petition for approval of the bond shall be filed in
- Primarily for the childs support
the proper court of the place where the child resides, or, if - Secondarily, for the familys collective needs
the child resides in a foreign country, in the proper court of
the place where the property or any part thereof is situated. Chapter 5. Suspension or Termination of Parental Authority

The petition shall be docketed as a summary special Art. 228. Parental authority terminates permanently:
proceeding in which all incidents and issues regarding the (1) Upon the death of the parents;
performance of the obligations referred to in the second (2) Upon the death of the child; or
paragraph of this Article shall be heard and resolved. (3) Upon emancipation of the child. (327a)

The ordinary rules on guardianship shall be merely Art. 229. Unless subsequently revived by a final judgment,
suppletory except when the child is under substitute parental parental authority also terminates:
authority, or the guardian is a stranger, or a parent has 1) Upon adoption of the child;
remarried, in which case the ordinary rules on guardianship (2) Upon appointment of a general guardian;
shall apply. (320a) (3) Upon judicial declaration of abandonment of the child in
a case filed for the purpose;

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on Persons and Family Relations
(4) Upon final judgment of a competent court divesting the a. There are still some rights and obligations not
party concerned of parental authority; or extinguished by the emancipation of the child
(5) Upon judicial declaration of absence or incapacity of the Temporary and may be revived by court judgment
person exercising parental authority. (327a) 1. Adoption of child
Art. 230. Parental authority is suspended upon conviction of
a. Permanent unless rescinded based on the grounds under
the parent or the person exercising the same of a crime the DAA.
which carries with it the penalty of civil interdiction. The 2. Appointment of a general guardian (Grounds)
authority is automatically reinstated upon service of the a. Death, absence or incapacity of parents
penalty or upon pardon or amnesty of the offender. (330a) b. Suspension, deprivation or termination of parental
authority
Art. 231. The court in an action filed for the purpose in a c. Remarriage of minors surviving parent if found
related case may also suspend parental authority if the unsuitable to exercise parental authority
parent or the person exercising the same:
d. When best interests of minor so require
(1) Treats the child with excessive harshness or cruelty; 3. Judicial declaration of abandonment of the child in a
(2) Gives the child corrupting orders, counsel or example; case filed for that purpose
(3) Compels the child to beg; or a. There must be an intention to abandon the child,
(4) Subjects the child or allows him to be subjected to acts of expressly or impliedly which is apparent from the
lasciviousness. conduct and intent of the parent respecting the child
The grounds enumerated above are deemed to include cases 4. Final judgment of the competent court divesting the
which have resulted from culpable negligence of the parent party concerned of parental authority
or the person exercising parental authority. a. When the best interests of the child so require
If the degree of seriousness so warrants, or the welfare of the
5. Judicial declaration of absence or incapacity of the
child so demands, the court shall deprive the guilty party of
person exercising parental authority
parental authority or adopt such other measures as may be
proper under the circumstances. a. Even without judicial declaration if child is placed under
guardianship
The suspension or deprivation may be revoked and the
parental authority revived in a case filed for the purpose or Other grounds for suspension of parental authority
in the same proceeding if the court finds that the cause 1. Treats child with excessive harshness or cruelty
therefor has ceased and will not be repeated. (33a) 2. Gives child corrupting orders, counsel or example
3. Compels child to beg
Art. 232. If the person exercising parental authority has 4. Subjects the child or allows the same to be subjected to
subjected the child or allowed him to be subjected to sexual acts of lasciviousness
abuse, such person shall be permanently deprived by the If person exercising parental authority has subjected or allowed
court of such authority. (n) the child to be subjected to sexual abuse, the person shall be
deprived permanently of parental authority by the court
Art. 233. The person exercising substitute parental authority
shall have the same authority over the person of the child as TITLE X
the parents. EMANCIPATION AND AGE OF MAJORITY
In no case shall the school administrator, teacher of Art. 234. Emancipation takes place by the attainment of
individual engaged in child care exercising special parental majority. Unless otherwise provided, majority commences at
authority inflict corporal punishment upon the child. (n) the age of eighteen years (as amended by R.A. 6805).

Grounds of the termination of parental authority Art. 235. (Repealed by. R.A. 6809
Permanent
1. Death of parents Art. 236. Emancipation shall terminate parental authority
a. Unless one of the parents survive, and unless the court over the person and property of the child who shall then be
will appoint another person qualified and responsible for all acts of civil. life, save for
b. If both parents die, substitute parental authority shall be exceptions established by existing laws in special cases.
exercised by persons designated (412a)
2. Death of child
Contracting parties shall require parental consent until the
3. Emancipation of child age of twenty one.
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Civil Law Examination Reviewer
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on Persons and Family Relations
Nothing in this Code shall be construed to derogate from the Art. 241. Jurisdiction over the petition shall, upon proof of
duty or responsibility of the parents and guardians for notice to the other spouse, be exercised by the proper court
children and wards below twenty-one years of age mentioned authorized to hear family cases, if one exists, or in the
in the second and third paragraphs of Art. 2160 of the Civil regional trial court or its equivalent sitting in the place
Code (as amended by R.A. 6805) where either of the spouses resides. (n)

Art. 237. (Repealed by R.A. 6805) Art. 242. Upon the filing of the petition, the court shall notify
the other spouse, whose consent to the transaction is
- Emancipations means freeing the child form the parental required, of said petition, ordering said spouse to show cause
custody and authority of, and from the obligation to why the petition should not be granted, on or before the date
render services to the parent, and thereby render the child set in said notice for the initial conference. The notice shall
qualified and responsible for all acts of civil life be accompanied by a copy of the petition and shall be served
at the last known address of the spouse concerned. (n)
Instances where rights and obligations are retained by parents
even after parental authority is terminated Art. 243. A preliminary conference shall be conducted by the
1. Securing parental consent in marriage when parties are judge personally without the parties being assisted by
below 21 counsel. After the initial conference, if the court deems it
2. Securing parental advice when spouses are below 25 useful, the parties may be assisted by counsel at the
3. Consent of parent as a party concerned in case of succeeding conferences and hearings. (n)
marriage settlement prior to the celebration of marriage
4. Obligation to support the children is not co-terminus Art. 244. In case of non-appearance of the spouse whose
with the exercise of parental authority consent is sought, the court shall inquire into the reasons for
5. Parents still liable for quasi-delict of children below age his failure to appear, and shall require such appearance, if
of 21 under Art. 236, last paragraph FC possible. (n)

TITLE XI Art. 245. If, despite all efforts, the attendance of the non-
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY consenting spouse is not secured, the court may proceed ex
LAW parte and render judgment as the facts and circumstances
Chapter 1. Prefatory Provisions may warrant. In any case, the judge shall endeavor to
protect the interests of the non-appearing spouse. (n)
Art. 238. Until modified by the Supreme Court, the
procedural rules provided for in this Title shall apply as Art. 246. If the petition is not resolved at the initial
regards separation in fact between husband and wife, conference, said petition shall be decided in a summary
abandonment by one of the other, and incidents involving hearing on the basis of affidavits, documentary evidence or
parental authority. (n) oral testimonies at the sound discretion of the court. If
testimony is needed, the court shall specify the witnesses to
Chapter 2. Separation in Fact be heard and the subject-matter of their testimonies,
directing the parties to present said witnesses. (n)
Art. 239. When a husband and wife are separated in fact, or
one has abandoned the other and one of them seeks judicial Art. 247. The judgment of the court shall be immediately
authorization for a transaction where the consent of the final and executory. (n)
other spouse is required by law but such consent is withheld
or cannot be obtained, a verified petition may be filed in Art. 248. The petition for judicial authority to administer or
court alleging the foregoing facts. encumber specific separate property of the abandoning
The petition shall attach the proposed deed, if any, spouse and to use the fruits or proceeds thereof for the
embodying the transaction, and, if none, shall describe in support of the family shall also be governed by these rules.
detail the said transaction and state the reason why the (n)
required consent thereto cannot be secured. In any case, the
final deed duly executed by the parties shall be submitted to
and approved by the court. (n)
Chapter 3. Incidents Involving Parental Authority
Art. 240. Claims for damages by either spouse, except costs
of the proceedings, may be litigated only in a separate action. Art. 249. Petitions filed under Articles 223, 225 and 235 of
(n) this Code involving parental authority shall be verified. (n)

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Art. 250. Such petitions shall be verified and filed in the
proper court of the place where the child resides. (n) Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1
of Republic Act No. 386, otherwise known as the Civil Code
Art. 251. Upon the filing of the petition, the court shall notify of the Philippines, as amended, and Articles 17, 18, 19, 27,
the parents or, in their absence or incapacity, the individuals, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential Decree No.
entities or institutions exercising parental authority over the 603, otherwise known as the Child and Youth Welfare Code,
child. (n) as amended, and all laws, decrees, executive orders,
proclamations, rules and regulations, or parts thereof,
Art. 252. The rules in Chapter 2 hereof shall also govern inconsistent herewith are hereby repealed.
summary proceedings under this Chapter insofar as they are
applicable. (n) Art. 255. If any provision of this Code is held invalid, all the
other provisions not affected thereby shall remain valid.
Chapter 4. Other Matters Subject to Summary Proceedings
Art. 256. This Code shall have retroactive effect insofar as it
Art. 253. The foregoing rules in Chapters 2 and 3 hereof does not prejudice or impair vested or acquired rights in
shall likewise govern summary proceedings filed under accordance with the Civil Code or other laws.
Articles 41, 51, 69, 73, 96, 124 and 127, insofar as they are
applicable. (n) Art. 257. This Code shall take effect one year after the
completion of its publication in a newspaper of general
Matters which are subject to summary proceedings under the circulation, as certified by the Executive Secretary, Office of
Family Code the President.
1. Summary proceeding for declaration of presumptive
death for purpose of contracting subsequent marriage under Done in the City of Manila, this 6th day of July, in the year of
Art. 41 Our Lord, nineteen hundred and eighty-seven.
2. In case of disagreement as to the fixing of the family
domicile under Art. 69, the matter shall be decided by the
Family Court
3. Under Art. 69, the court may exempt one spouse from
living with the other if the latter should live abroad or if there
are compelling reasons
4. Under Art. 69, either spouse may validly exercise any
legitimate profession, business or activity without the consent
of the other, and the other spouse may object only on valid,
serious and moral grounds
5. Disagreement as to the administration and enjoyment of
the AC or CP under Art. 96 and 124
6. Alienation or encumbrance of the AC or CP in case one
spouse is absent or unable to participate in its administration
7. Spouses separated in fact, or abandoned the other where
the other spouse seeks to conduct a transaction requiring the
consent of the other in case such consent is withheld or unable
to be obtained (Art. 236 in relation to Art. 100 (2) and 127 (c)
8. Separation in fact or abandonment, the other spouse
may petition the court for the administration and encumbrance
of the specific property of the other and use the fruits or
proceeds thereof for the support of the family
9. Foundling, abandoned, neglected, abused and other
children similarly situated, parental authority shall be
entrusted to heads of childrens homes, orphanages, and other
similar institutions duly accredited by the government
10. Petition of order for disciplinary measures on the child
11. Petition for application for bond in case the property or
annual income of the unemancipated child exceeds 50,000
pesos, in an amount as the court may determine
TITLE XII
FINAL PROVISIONS

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