FAMILY CODE

(as amended)

MARRIAGE

marriage- special contract

- Permanent union
- Between man and woman
- Entered into an accordance
with law
- For the establishment of
conjugal and
family life

Aspects : -- 1. as a contract :
- only man and woman can enter
- permanent- only death can
extinguish
- rights and obligations not subject
to
stipulations but fixed by law
except- marriage settlement on
property regime.
- breach results in penal and civil
sanctions.

As a status- inviolable social institution

- foundation of family
- institution of public order or
policy
- implication in two fieldspersonal rights
property relations

Requisites :
-essential1. Legal capacity of parties, 18
age,
male and female
no impidements in 37 or 38
2. consent freely given
in the presence of solemnizing
officer.

-formal3. Authority of solemnizing officer

4. Marriage ceremony ( no form or
rites
required)
appearance of parties before

If there was no marriage

ceremony, as when the parties
merely signed a marriage contract
without the presence of the
solemnizing officer, there is no
marriage to speak of, since there is
no actual marriage ceremony
performed between the parties by
the solemnizing officer, hence,
there is no need to file a summary
proceding to declare the marriage
void. (Morigo vs People, 476 SCRA

The mere private signing of

a marriage contract bears
no semblance of a valid
marriage, and thus, need no
judicial declaration of nullity.
(Morigo, supra)

5. Valid marriage license, except ;

a- marriage in articulo mortis (either or
both, even if survived )
b- residence of either is so located that
no means of transportation to appear
before local civil registrar
c- marriage among muslims or members
of ethnic cultural communities, accdg. to
customs rites and practices.
d- Marriage between man and woman who
have cohabited for five years without
legal impediment to marry.
E- Celebrated in country where no
marriage license is required.?

In Sevilla vs Cardenas, 497

SCRA 428, the certification
issued by the Civil Registry of
San Juan to the effect that no
marriage license No. 2770792
was ever issued by this office
was presented as evidence to
prove the absence of marriage
license for the purpose of
declaring the marriage void. Is
the certification sufficient?

No. The certification to be

issued by the local civil registrar
must categorically state that
the document does not exist in
his office or the particular entry
could not be found in the
register despite diligent search.
Such certification shall be
sufficient proof of lack or
absence of record stated in
Section 28, Rule 132 of the

If the parties falsified their affidavit

stating therein that they had lived
as husband and wife for at least
five years prior to the marriage to
exempt themselves from the
requirement of a marriage license,
when in truth and in fact, they
have fallen short of the minimum
five year requirement, will they be
estopped from questioning the
validity of their marriage or may
the marriage be still declared void

The Court held that the falsity of an affidavit

of marital cohabitation, where the parties
have in truth fallen short of the minimum fiveyear requirement, effectively renders the
marriage void ab initio for lack of marriage
license. The falsity of the allegation in the
affidavit, which would have qualified their
marriage as an exception to the requirement
of a marriage license, cannot be a mere
irregularity, for it refers to the quintessential
fact that the law precisely required to be
deposed and attested by the parties under
oath.
If the essential matter in the sworn affidavit is
a lie, then it is a mere scrap of paper, without

Lastly, to settle all doubts, jurisprudence

has laid down the rule that the five-year
common-law cohabitation period under
Article 76 means a five-year period
computed back from the date of celebration
of marriage, and refers to a period of legal
union had it not been for the absence of a
marriage. It covers the years immediately
preceding the day of the marriage,
characterized by exclusivity- meaning no
third party was involved at anytime within
the five years- and continuity that is
unbroken (Republic vs Jose A. Dayot, GR
No. 175581, March 28, 2008.)

Persons authorize to solemnize marriage

:
1. incumbent members of the judiciary (within
jurisdiction)
2. priests, etc., authorized by church,
registered In the civil
registrar general, acting within limits of written
authority
granted by church, one or both contracting
parties belongs
to the officers church
3. ship captain or airplane chief ( at sea, in
flight, for entire
voyage) in articulo mortis between passengers
or crew
members

Marriage Contract , signed by

both and attested by
solemnizing officer)
In case of marriage in articulo
mortis, if party unable to sign
marriage certificate, one of the
witness can write the name of
the party, attested by the
solemnizing officer

Place of solemnizationpublic
Except- articulo
mortis
Remote place
Request of both parties in
writing, in a place or house
designated by them in
sworn statement

Absence of Essential
Formal req.- marriage
void

Except- belief in good faith

of parties that party
solemnizing is duly
authorized

Examples- absence of essential

req-lack of age- below 18
-parties of same sex
-prohibited by law to marry
each other
-Absence of consent- marriage
in jest

Examples of absence of formal

req.-Person solemnizing has no
authority except believed to be
duly authorized
-No marriage license, unless
excepted
-Expired marriage license
-Absence of marriage ceremony

Defect in essential req. marriage voidable

Ex:
-lack of parental consent
-consent obtained by fraud
-consent obtained by force

Irregularity in formal req. marriage

valid, but party responsible shall be
civilly, criminally and administratively
liable.
Examples- marriage license not applied for in place
specified
- marriage license signed by mere employee
of LCR
with his authority, if without void
- 10 day posting not complied with
- no requirements on parental advice,
marriage
counseling or family planning seminar
- no witness to marriage.

Validity of marriage
license- 120 days from
issuance, can be used
anywhere in the country

- automatically cancelled
if not
used upon the
expiration of
expiry date stamped on

Marriage certificate- not an

essential or formal req. but
best proof of marriage
Copies to be given as follows :
-original to the parties
-duplicate and triplicate to the
LCR of
place of marriage within 15
days after
marriage

2. In December 2000, Michael and Anna, after

obtaining a valid marriage license, went to the Office
of the Mayor of Dagupan City to get married. The
Mayor was not there, but the Mayors secretary
asked Michael and Anna and their witnesses to fill up
and sign the required marriage contract forms. The
secretary then told them to wait, and went out to
look for the Mayor who was attending a wedding in a
neighboring municipality. When the secretary
cannot find the Mayor, he requested the Vice-Mayor
to celebrate the marriage. Thereafter, Michael and
Anna had three sons.
[a] Is the marriage of Michael and Anna valid,
voidable, or void? Explain your answer.
[b] What is the status of the three children of
Michael and Anna? Explain your answer.

Marriages solemnized outside

country- valid there as such shall
also be valid in this country,
except :
article 35 (1) no legal capacity to get
married
(4) bigamous or
polygamous
(5) consent lacking because
of mistake
in identity of the other
Article 36- party psychologically
incapacitated

Divorce obtained by a
foreigner-spouse, the Filipino
spouse shall likewise have
the capacity to remarry
under Philippine law.
(E.O. No. 227, july 17,1987)

In the case of Republic vs Orbecido III, (472

SCRA 114), the Court held that in applying
the provision of the 2nd par. of Article 26 FC,
the reckoning point is not the citizenship of
the divorcing parties at birth or at the time
of marriage, but their citizenship at the time
a valid divorce is obtained abroad by the
alien spouse capacitating him or her to
remarry.
Thus, where both parties were Filipino
citizens at the time of the celebration of the
marriage, but later on, one of them
becomes naturalized as foreign citizen and
thereafter obtains a valid divorce decree,

Art. 35 void marriages

1. lack of age
2. no authority to solemnize- except
either or
both believed
3. No marriage license, except provided
by law
4. bigamous/polygamous marriages
except contracted in case spouse had
been absent
for four years or two years, and present
spouse
has a well-founded belief that absent
spouse was

4. contracted through
mistake of one party as
to the identity of the
other
5. subsequent marriages
void under Art. 53
(subsequent marriage
without delivering the
presumptive legitimes of

Subsequent
bigamous marriageValid if contracted after the
absence of four (4) years, if the
spouse has a well-founded
belief that the absent spouse is
already dead.

But, two (2) years absence

sufficient in case of
disappearance under
circumstances indicating
danger of death :
a- lost during sea voyage or
airplane
missing
b- missing in action in war

For purposes of contracting the

subsequent marriage, the
present spouse must institute a
summary proceeding for
declaration of presumptive
death of the absentee. (41)
This does not apply to
subsequent marriage
contracted before the
effectivity of the Family Code,
because the New Civil Code
does not require said
declaration. Absence of 7 years

Since the second marriage

took place during the
effectivity of the New Civil
Code, the presumption of
death is established by law and
no court declaration is needed
for the presumption to arise,
since death is presumed to
have taken place by the
seventh year of absence
pursuant to Art. 390 of the
Civil Code. (Valdez vs Republic,

If the subsequent marriage (by reason

of presumptive death of the absentee
spouse) took place prior to August 3,
1988, the subsequent marriage is valid
even if there was no judicial declaration
of presumptive death so long as the
prescribed period of absence is met.
(Armas vs Calisterio, 330 SCRA 2001).
But, if such subsequent marriage is
celebrated during the effectivity of the
Family Code, the requirement of judicial
declaration of presumptive death is
absolute and indispensable. In the
absence thereof, the sub- subsequent
marriage is void and the spouse present

In Republic vs Bermudez-Lorino,
449 SCRA 57, it was held that the
order of the trial court granting
the petition for judicial declaration
of presumptive death is
immediately final and executory.
Hence, the right to appeal was not
granted to any of the parties
therein. It was therefore
erroneous for the OSG to file a
notice of appeal, and for the RTC
to give due course thereto.
The ruling was reiterated in

While there is no appeal, an

aggrieved party may file a petition
for certiorari to question abuse of
discretion amounting to lack of
jurisdiction and such petition shall
be filed in the Court of Appeals in
accordance with the Doctrine of
Hierarchy of Courts. (Republic vs
Tango, supra)

Art. 36- Psychological incapacity to perform

marital obligationsReasons for Art. 361. New Code on Canon Law provides the same
ground for
Declaration of nullity of marriage.
2. Parties who have church annulled marriage are
given cause
of action to have their marriages declared void
by civil law.
3. Parties to marriages that exists in name only
since they have
long been separated from each other because of
the inability
or failure of one of the parties to perform the
essential

What in issue is - not whether the consent to the

marriage is defective or not, but whether there can be
fulfillment of the valid consent.
Examples of psychological incapacity:
1. Husband/wife refuses to dwell with and subsequently
leave the
Spouse without fault of the other;
2. Husband/wife leaves the spouse without justifiable cause;
3. Husband/wife refuses to have sex with the other spouse;
4. Wife refuses to have children;
5. There is unbearable jealousy on the part of either party,
hence,
Making life of the parties unbearable;
6. Immaturity or where is there is lack of rational judgment
and
Responsibility as when the husband refuses to support the
family;
7. Husband or wife cannot shoulder the heavy responsibility
of being
A parent;

Mere showing of
irreconcilable differences
and conflicting
personalities does not
constitute psychological
incapacity. (Republic vs.
Court of Appeals, and Roridel

Molina case laid down for guidance of bar and

bench, the interpretation of Art. 361. Burden of proof to show nullity belongs to plaintiff;
2. Root cause of psychological incapacity must be:
A- medically or clinically identified
B- alleged in the complaint
C- sufficiently proven by experts
D- clearly explained in the decision
3. The incapacity must be proven to be existing at
the time of
Celebration of marriage;
4. Incapacity must be shown to be medically or
clinically
Permanent or incurable;
5. Illness must be grave enough to bring about the
disability
to assume the essential obligations of marriage;
6. Non-complied marital obligations must be stated
in the
Petition and proven by evidence and included in
the text

In the case of Santos vs. CA,

240 SCRA 20, the Supreme
Court held that being of
unsound mind, drug addiction,
habitual alcholism, lesbianism,
or homosexuality may be
indicia of psychological
incapacity, depending on the
degree of severity of the
disorder.

In Marcos vs Marcos, 343 SCRA

755, the SC clarified that there is
no requirement that the defendant
spouse should be personally
examined by a physician or
psychologist as a condition sine
qua non for the declaration of
nullity of marriage based on
psychological incapacity.
Such psychological incapacity,
however, must be established by

But, in Bier vs Bier, 547 SCRA

123, the clinical psyschologist
relied only on the information
fed by the petitioner. Thus, the
Court considers the testimony
of the clinical psychologist
hearsay evidence since she had
no personal knowledge of the
alleged facts she was testifying
on.

Lately, in Ngo Te vs Yu-Te, 579 SCRA

193, and Azcueta vs Republic, 588
SCRA 196, the court relaxed the Molina
guidelines by relying heavily on the
findings of the expert witness (clinical
pyschologist) in declaring the marriage
void on ground of psychological
incapacity.
The Court said- By the very nature of
Art. 36, courts, despite having the
primary task and burden of decisionmaking, must not discount but,
instead, must consider as decisive

In psychological incapacity, the

spouse declared to be
psychologically incapacitated has
innate incapacity or inability to
comply with the essential
obligations of marriage because of
an utter insensitivity or inability to
understand such obligations
(Santos vs CA 240 20)
As such, he or she cannot be held
liable to pay moral damages to the
other spouse based on Article
2217 and 21 of the NCC which
connotes willfulness of the acts

If the same acts constitutive

of the psychological incapacity
were made the basis of the
award of moral damages, it is
contradictory to characterize
acts as product of
pyschological incapacity, hence
beyond the control of the party
because of innate inability,
while at the same time
considering the same set acts
as willfull. (Buenaventura vs

In Antonio vs Reyes, 484 SCRA

353, the respondent was a
pathological liar and which lies
were held to be indicative of her
failure to distinguish truth from
fiction, or at least abide by the
truth. In declaring her
psychologically incapacitated, the
Court held that a person unable to
distinguish between fantasy and
reality would similarly be unable to
comprehend the legal nature of the

The Court may not refuse to apply the

guidelines in the Molina case simply
because the marriage is a mixed one
and that the respondent is a foreign
citizen. The SC held in Republic vs
Quintero-Hermano (428 SCRA 735) that
such guidelines may not be relaxed
just because the spouse alleged to be
psychologically incapacitated happens
to be a foreign national. The norms
used for determining psychological
incapacity should apply to any person
regardless of nationality because the
rules were formulated on the basis of

Art. 37 Incestous
marriages- between ascendants and
descendants of any degree
-between brothers and sisters,
whether of full or half blood.

Art. 38 Marriages void by reason

of public policy1. between collateral blood
relatives, whether
legitimate or illegitimate, up to
the fourth
civil degree.
2. between step-parents and stepchildren
3. between parents-in-law and
children-in-law
4. between adopting parent and
adopted child

6. between surviving spouse of

the
adopted child and the
adopter
7. between an adopted child and
legitimate child of the
adopter
8. between adopted children of
the same
adopter
9. between parties where one, with

Nota bene: marriage

between the adopted child
and the illegitimate child of
the adopter is not included
in Article 38.

Who may file petition for

declaration of nullity of
marriage?
A- In Ninal vs Bayadog, 328 SCRA 122,
the Supreme Court allowed the
compulsory/legal heirs to file petition for
declaration of nullity of their fathers
marriage against respondent after the
death of their father.
B- Subsequently thereafter, the SC
promulgated the Rule on Declaration of
Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages (AM
No. 02-11-10-C), which took effect on
March 15, 2003, and Section 2 thereof,
makes it the sole right of the husband or
the wife to file a petition for declaration

In Enrico vs Heirs of Sps. Medinaceli,

534 SCRA 418, the Court clarified that
the coverage of the AM No. 02-11-10SC extends only to those marriages
entered during the effectivity of the
Family Code, and its application is
prospective.
In Carlos vs Sandoval, 574 SCRA 116,
the Court further clarified that AM No.
02-11-10-SC, does not apply to cases
already commenced before March 15,
2003, although the marriage involved
was celebrated during the effectivity of

marriages celebrated under

the Civil Code?
The absence of a provision in the
Civil Code cannot be construed as
a license for any person to
institute a nullity of marriage
case. Such person must appear to
be a party who stands to be
benefited or injured by the
judgment in the suit, or the party
entitled to the avails of the suit.
Hence, only the compulsory or
legal heirs of the deceased spouse

One who is not the real party in

interest in a complaint for
declaration of nullity of marriage
cannot ask for the setting aside of
the decision therein- his
invocation of the States interest
in protecting the sanctity of
marriage does not give him the
standing to question the decision.
By law, it is the prosecuting
attorney of fiscal or the Solicitor
General who represents the
interest of the State in proceeding
for the annulment or declaration

Period to file petition for

declaration of nullity of
marriage- For marriages the prior to the
effectivity of the Family Code
(Aug 3, 1988), the petition may
be filed by the real party-ininterest even after the death of
the spouses. (Ninal vs Bayadog,
328 SCRA 122)

- If the marriage was

celebrated during the
effectivity of the Family Code
but the petition was filed
before March 15, 2003, the
petition may be filed by the
real party-in-interest even
after the death of the
spouses. (Carlos vs Sandoval, supra).

If the marriage was celebrated during

the effectivity of the Family Code, and
the petition was filed on March 15,
2003 or thereafter, the petition can be
filed only by either spouse and during
their lifetime. No such petition can be
filed after death of either spouses, and
in case a party dies at any stage of the
proceedings before entry of judgment,
the court shall order the case closed
and terminated. (AM 02-11-10-SC) ,
but without prejudice to a collateral
attack that may be done by the
compulsory/legal heirs of the spouses
upon death of a spouse in a proceeding

Action or defense for the

declaration of absolute
nullity of marriage shall not
prescribe. (39)(as amended by
RA 8533, Feb. 23, 1998)
Absolute nullity of a
previous marriage may be
invoked for purposes of
remarriage on the basis solely
of a final judgment declaring

What step must be

undertaken by the present
spouse before entering
into a subsequent
marriage?
What is the effect of
failure to take such step?

One must first secure a final judicial

declaration of nullity of his previous
marriage before he can validly contract
another marriage and failure to do so
shall make him liable for the crime of
bigamy if he contracts a subsequent
marriage. (Marbella-Bobis vs Bobis,
supra, Abunado vs People, 426 SCRA
562) (41)
Even if the prior marriage is void but a
party thereto fails to secure a judicial
declaration of its nullity before
contracting another marriage, the
subsequent marriage is also void. (Art.

To contract a subsequent
marriage, the other spouse
must be absent for 4 years
or 2 years, and the present
spouse has well-founded
belief that the absent
spouse was already dead.
(41)

When may the subsequent

bigamous marriage be
terminated?
The subsequent marriage
shall be terminated
automatically by the
recording of the Affidavit of
Reappearance of the absent
spouse, unless there is a
judgment annulling or
declaring the previous

The sworn statement of

reappearance shall be
recorded in the civil registry
of the residence of the
parties of the subsequent
marriage at the instance of
any interested person, with
due notice to the parties of
the subsequent marriage
and without prejudice to the
fact of reappearance being

If the absentee reappears, but no step is

taken to terminate the subsequent
marriage, either by affidavit or court
action, such absentees mere
reappearance, even if made known to
the spouses in the subsequent marriage,
will not terminate such marriage. Since
the second marriage has been
contracted because of a presumption
that the former spouse is dead, such
presumption continues inspite of the
spouses physical appearance, and by
fiction of law, he or she must still be
regarded as legally an absentee until
the subsequent marriage is terminated
as provided by law. (SSS vs Jarque Vda.

Wife left the home, husband

inquired from friends, no news
about her, sent letter to former
place of work, but were returned. Is
this sufficient to declare wife
presumptively dead?
No. Spouse should not be allowed, by
the simple expedient that one of them left
the conjugal home and never to return
again, to circumvent the laws on marriage
which is not an ordinary but special
contract of permanent union. (Republic vs.
Nolasco, 220 SCRA 20, March 17, 1993).

EFFECTS OF TERMINATION
OF SECOND MARRIAGE:
(43)
1. Children of the second marriage conceived
prior to
termination shall be legitimate.
2. custody and support to be decided by the
court in
proper proceedings.
3. community property shall be dissolved and
liquidated,
but share of spouse in bad faith in the net
profits shall

4. donations by reason of marriage

shall remain valid, but those in favor
of spouse in bad faith, shall be
revoke by operation of law.
5. innocent spouse may revoke
the designation of spouse in bad
faith as beneficiary in any insurance
policy, even if designation is
irrevocable.
6. spouse in bad faith shall be
disqualified to inherit from the
innocent spouse, whether by testate
or intestate succession.

IF BOTH IN BAD FAITH- (44)

1. marriage shall be void
2. donations by reason of
marriage
revoked by operation of
law
3. testamentary disposition
revoked by
operation of law

GROUNDS FOR ANNULMENT OF

MARRIAGE (45)
1. LACK OF PARENTAL CONSENT,
unless cohabited
freely after 21 years of age.
2.INSANITY, unless after coming to
reason cohabited freely with each
other.
3. CONSENT OBTAINED BY FRAUD,
unless with full
knowledge, cohabited freely

4. CONSENT OBTAINED BY FORCE,

INTIMIDATION, UNDUE INFLUENCE,
unless cause disappeared,
cohabited freely
5. IMPOTENCY, continuing and
appears to be incurable
6. PARTY AFFLICTED WITH
SEXUALLY TRANSMISSIBLE DISEASE,
found to be serious and incurable
CONSENT- parental, fraud, force,
INSANITY
IMPOTENCY
STD

A & B were sweethearts. B.

became pregnant. Knowing
that A was about to take bar
exam, B threatened A with
complaint for immorality in the
Supreme Court. As a
consequence of the threat, A
married B. Is the marriage
annullable on ground of
intimidation?

No, the threat to enforce

ones claim which is just
and legal, through
competent authority, is not
the threat contemplated by
law to annul a marriage.
The threat must be unjust
or illegal. (Ruiz vs. Atienza,
CA 40 Off Gaz. 1093).

FRAUD TO ANNUL A MARRIAGE (46)

CONCEALMENT OF CONVICTION by final
judgment of a
crime involving moral turpitude.
CONCEALMENT OF PREGNANCY BY WIFE
by another
man at the time of marriage
CONCEALMENT OF SEXUALLY
TRANSMISSIBLE DISEASE,
at the time of marriage
CONCEALMENT OF DRUG ADDICTION,
HABITUAL
ALCOHOLISM,
HOMOSEXUALITY
OR
LESBIANISM
At the time of

NO other misrepresentation or
deceit as to character, health,
rank, fortune or chastity shall
constitute fraud for
annulment of marriage.

Plaintiff, a first year law

student, met the defendant in
March 1968. After several
meetings, became engaged
and were married. After 88
days, defendant gave birth to
child. Plaintiff abandoned
defendant and filed suit for
annulment on the ground of
fraud, as the defendant
assured that she was a virgin.
Will suit the prosper?

The marriage cannot be annulled. The law

is explicit, no other misrepresentation or
deceit as to character, health, rank,
fortune, or CHASTITY shall constitute
fraud for annulment of marriage.
On the ground that she was pregnant
by another man, the law is explicit. There
must be concealment. Here is there is no
possibility of concealment. Defendant was
already about 6 months pregnant. At such
advance stage of pregnancy, concealment
would be impossible. (Buccat vs. Buccat,
72 Phil 19).
Accdg to medical authorities, when a
woman is already 6 months pregnant, the
enlargement of her abdomen is above,

IMPOTENCYTest on Impotency- the test is not the

capacity to reproduce but the capacity
to copulate. (Sarao vs. Guevarra, CA
Off. Gaz. 263).
Physical incapacity as ground for
annulment of marriage refers to
inability to perform the sexual act, and
not sterility or inability to procreate.
(Menciano vs. San Jose, 89 Phil 63;
Jimenez vs. Canizares, 109 Phil 273).

If the spouse knew that

the other party is
impotent, can she ask for
annulment of her
marriage?
How about if the man is
already 80 years old, can
she ask for annulment?

No. 1. To be entitled, party must be

unaware of the impotency because the law
requires that the party that can bring the
action must be the injured party. If she
knew, she is not an Injured party.
2. Estoppel. She is renouncing
copulation, which is a purely personal right.
3. Sexual intercourse is not the only end
or purpose of marriage.
If the man is 80 years old, the wife
should know that he should be already
impotent, and is under estoppel to annul
her marriage.

Doctrine of triennial cohabitation- the

presumption that the husband is
impotent should the wife still remain a
virgin after living together with the
husband for 3 years.
Can relative impotency be invoked to
annul marriage? Yes. In view of the
physical incapability of one party to
consummate said marriage with the
other.

Can a woman be compelled to

undergo physical examination to
determine her physical capacity for
copulation? (private part of the
woman to small to allow
penetration).

Yes. A physical examination in this

case is not self-incrimination. She is
not charged with any offense. She is
not being compelled to be a witness
against herself. Impotency, being an
abnormal condition, should not be
presumed The presumption is in favor
of potency. (Jimenez vs.Canizares, 109
Phil 273).

Who may bring an

action to annul a
marriage?

PARTY TO ANNUL MARRIAGE (47)

PARENT/GUARDIAN without consent,
before 21, or
PARTY (whose parent did not give
consent)- within 5 years after 21 years
of age
SANE SPOUSE (if no knowledge)
RELATIVE/GUARDIAN OF INSANE SPOUSE,
at anytime before death of EITHER
PARTY,
INSANE during lucid interval or upon
regaining sanity
FRAUD- INJURED PARTY, WITHIN 5 YEARS

FORCE, ETC., INJURED PARTY,

WITHIN 5 YEARS AFTER
CESSATION THEREOF
IMPOTENCY, INJURED PARTY,
WITHIN 5 YEARS AFTER
MARRIAGE
SEXUALLY TD, INJURED PARTY,
WITHIN 5 YEARS AFTER
MARRIAGE

(48) IN ANNULMENT OR DECLARATION

OF NULLITY OF MARRIAGE, COURT
SHALL ORDER PROSECUTOR TO
APPEAR TO PREVENT COLLUSION
BETWEEN THE PARTIES
NO JUDGMENT ON STIPULATION OF
FACTS OR CONFESSION OF JUDGMENT
IN ANNULMENT OR NULLITY OF
MARRIAGE

49. DURING PENDENCY OF SUIT FOR

ANNULMENT OR NULLITY OF
MARRIAGE1. court provides for support of
spouses
2. custody and support of common
children
3. Custody shall be given to spouse
with due
consideration toa- moral and material welfare of
the children
B- their choice of parent they
wish to remain
C- provide for visitation rights of

AFTER ANNULMENT: (50, 51)

1. Community shall be dissolved and

liquidated
2. donations by reason of marriage
shall be valid
3. innocent spouse may revoke
designation of
guilty Spouse as beneficiary in life
insurance
policy, even if designation is
irrevocable.
4. guilty spouse shall be disqualified
to inherit
from innocent spouse
5. Provides for custody and support

6. Orders the delivery of

presumptive legitimes
7. conjugal dwelling and lot shall
be
adjudicated to spouse whom
majority of
children choses to remain; in
case no
majority, court decides
8. either spouse may remarry, but
deliver
presumptive legitimes,
otherwise remarriage
is void
9. children conceived or born
before judgment

If the judgment of
annulment or
declaration of nullity of
marriage, partition and
distribution is not
registered, what is the
effect?

 The judgment of annulment or

absolute nullity of marriage,
partition and distribution of the
properties of spouses and delivery of
presumptive legitimes shall be
recorded in the civil registry and
registry of properties, otherwise, the
same shall not affect third persons.
If not registered, the subsequent
marriage of either of former spouses
shall be null and void. (52)

Where there are no properties

of the spouses which could be
the subject of liquidation, and no
legitimes to be delivered, is
there a need for recording of the
judgment of annulment or
absolute nullity of marriage?

 There is no need for recording of the

judgment in the appropriate registries
of property where there are no
properties that would be subject of
liquidation, partition and distribution
and no presumptive legitimes that
could be delivered. Logically, our
governing laws do not require such
judgment to be furnished and
recorded in the registries of property.

LEGAL SEPARATION (55)

1. PHYSICAL VIOLENCE repeated
GROSSLY ABUSIVE CONDUCT
2. PHYSICAL VIOLENCE OR MORAL
PRESSURE to
change politic or religion
3. ATTEMPT TO CORRUPT
INDUCE to engage in
prostitution
3. FINAL JUDGMENT WITH
IMPRISONMENT OF
MORE THAN 6 YEARS, even if
pardoned
4. DRUG ADDICTION, HABITUAL

5. LESBIANISM, HOMOSEXUALITY
6. BIGAMOUS MARRIAGE, ANYWHERE
contracted
7. SEXUAL INFIDELITY OR
PERVERSION
8. ATTEMPT AGAINST LIFE
9. ABANDONMENT FOR MORE THAN
ONE YEAR,
without justifiable cause

GROUNDS FOR DENIAL (56)

1.CONDONATION - forgiven
2. CONSENT- agreed
3. CONNIVANCE4. MUTUAL GUILT- both had given ground
5. COLLUSION- both agree to commit or
appear to commit
6. PRESCRIPTIONTIME TO FILE- 5 YEARS FROM OCCURRENCE
(57)
NO TRIAL BEFORE 6 MONTHS FROM FILING
OF PETITION (58)
NO JUDGMENT UNLESS EARNEST EFFORTS
FOR RECONCILIATION MADE DURING
PENDENCY OF ACTION AND FAILED (59)

Under Section 19 of RA 9262 (AntiViolence Against Women and

Children Act of 2004), the
requirement of six months coolingoff period under Article 58 FC shall
not apply where violence, as
specified in RA 9262, is alleged as
the ground for legal separation.
Ex. Repeated physical violence
against the wife or common
children. In such cases, the court
shall proceed on the main case
and other incidents of the case as

If the ground for legal

separation is any act of
violence punishable under RA
9262, said law prohibits the
awarding of custody of minor
children to the perpetrator of a
woman who is suffering from
battered woman syndrome.
The victim who is suffering
from battered woman
syndrome shall not also be

H instituted an action for

legal separation against his
wife, W on the ground of
adultery. It was however
established during trial that
after Hs discovery of his
wifes
infidelity, he still had sexual
intercourse with
her twice. Will the action
prosper?

 No. The act of H in having sexual

intercourse with W in spite of his
knowledge of the latters
infidelity is an act of implied
condonation. Such act of
condonation shall bar the
granting of a decree of legal
separation. (Ginez vs Bugayong,
100 Phil 616)

A caught his wife, B, having illicit

relations with P. He then told her that
he will file an action against her for
legal separation which the latter
agreed provided that no criminal
charges shall be filed against her. The
complaint was filed and B defaulted.
When questioned by the Fiscal, B
signified her conformity to the legal
separation. Is there collussion? Is there
confession of judgment to bar the
decree of legal separation?

 The confession made outside of the

court is not a confession of
judgment. Confession of judgment
happens when defendant appears in
court and confesses to the right of
the plaintiff to judgment or files a
pleading expressly agreeing to
plaintiffs demand.
There is evidence of adultery
independent of the confession, upon
which the decree may be granted.

 What the law prohibits is a judgment

based exclusively or mainly on
defendants confession. Otherwise,
if a confession can defeat the action
ipso facto, any defendant, who
opposes the separation, will
immediately confess judgment,
purposely to prevent it. (Ocampo vs.
Florenciano, 107 Phil 35)

 A and B entered into a contract

whereby they agreed to live
separately and that they are free
to cohabit with anyone.
Thereafter A cohabited with M
and had seven children with her.
B filed an action for legal
separation against A. Will the
action prosper?

 No.
The action has prescribed. Action for
legal separation prescribed in 5 years.
By their express agreement, B had
consented or condoned the act of A.
Having consented or condoned the
acts of A, he is undeserving of courts
symphaty.
B is not an innocent spouse. She is
aware of the cohabitation between A
and M.

Effects of filing of legal

separation (61)
Spouses are entitled to live
separately
No more right of carnal
intercourse
Court shall designate H or W to
manage the community property
Court shall provide for the
support of the spouses and the
common children

Effects of decree of legal

separation (63, 64)
Spouse shall live separately, but
marriage bond shall not be
severed
Community property shall be
dissolved and liquidated.
Offending spouse forfeits share in
the profits
Offending spouse disqualified to
inherit from innocent spouse

 Innocent spouse may revoke donations

in favor of offending spouse, as well as
designation as beneficiary in any
insurance policy, even irrevocable
Disposition in the will in favor of
offending spouse is revoked by
operation of law.
Custody of minor children awarded to
innocent spouse, provided that no child
below 7 years shall be separated from
the mother

A married woman may use:

1. Her maiden first name and
surname and add her husbands
surname; or
2. Her maiden first name and her
husbands surname, or
3. Her husbands full name, but
prefixing a word indicating that she
is his wife, such as Mrs.

In case of legal separation, the wife

shall continue using her name and
surname employed before the legal
separation. (Art. 372 FC)
In case of anulment of marriage, if
the wife is the guilty party, she
shall resume her maiden name and
surname. If she is the innocent
spouse, she may resume her
maiden name and surname, or
continue using the former
husbands surname, unless: the
court decress otherwise; or she or

 A brought an action for legal

separation against his wife B on
ground of adultery. He likewise
asked the Court for the forfeiture
of the share of B in the
community profits. During the
pendency of the case, A died.
May the heirs of A be substituted
in his behalf?

 The action for legal separation, which

involves nothing more than separation
from bed and board is purely personal.
Being personal in character, the death
of one party to the action causes the
death of the action itself.
Even if the action involves property
rights, the abatement still applies. The
property rights are mere effects of a
decree of legal separation. Without the
decree, such rights do not come into
existence.

Reconciliation (65)
If the spouses should reconcile,
the corresponding manifestation
under oath duly signed by them
shall be filed with the court in
the same proceeding for legal
separation.

Effects of reconciliation (66)

Legal separation proceedings, if
pending, shall be terminated in
whatsoever stage.
Final decree of legal separation
shall be set aside, but separation of
property and forfeiture shall subsists,
unless the property agree to revive
their former regime.

The use of the husbands

surname during the marriage is
permissive and not obligatory.
Hence, a married woman may
retain the use of her maiden
name. (In re: Josephine P. UyTimosa, Bar matter No. 1625,
July 18, 2006)

Revival of former regime

(67)
Spouse should execute an agreement
under oath and specify the following:
1. properties to be contributed anew to
the restored regime
2. properties to be retained as separate
of each
3. the names of all their known creditors,
addresses
and amounts owing to each

The agreement shall be approved and

recorded. Does not prejudice creditor
without notice, unless debtor-spouse
has sufficient separate property

The Rule on Legal Separation (AM No.

02-11-11-SC) appears to allow the
spouses, upon reconciliation and with
intervention of the court, to adopt a new
property regime different from that
which they had prior to the filing of the
petition for legal separation. (Sec. 23(e)
and 24, AM No. 02-11-11-SC).
It is submitted, however, that the
parties may not adopt absolute
community or conjugal partnerhip of
gains as their new property regime
because regimes cannot commence at
any other time except the precise
moment of the celebration of marriage

RIGHTS AND OBLIGATIONS BETWEEN

HUSBAND AND WIFE:
Obligations : (article 68)
-To live together
wife to live with husband except :
a- residence dangerous
b- husband has not fixed
residence
c- husband carries shameful
business at
home
-To observe mutual love, respect, and
fidelity
-To render mutual help and support

Q. W, wife, abandoned her

husband, H, without justifiable
reason, can H ask the court to
order W to return to the
conjugal home under penalty
of contempt? What other
remedies are available to H?

Ans. No, bec. Cohabitation is

purely personal obligation (Arroyo
vs. Vasquez de Arroyo, 42 Phil. 54)
Remedies : A- withhold support
B -recover moral
damages
C- ask court to counsel
The refusal of the wife to perform
her wifely duties, her denial of
consortium and her desertion of her
husband would certainly constitute
a wilful infliction of injury upon her
husbands feelings in a manner
contrary to morals, good customs
and public policy for which Art. 21

Who fixed domicile?

Both, in case of disagreement,
court decides (article 69)
The court may exempt spouse from
living with the other :
A- if spouse lives abroad
B- other valid and compelling
reason for
exemption

Support of the family joint

responsibility of both (Art. 70)
Order :
a- from community property
b- income or fruits of separate
property
C- separate property of spouses
(proportionate to their properties,
but to creditors, solidarily liable).

Management of household- right and duty

of both (article 71) expenses to be paid in
the same order as in support
Profession or occupation- wife may exercise
without consent of husband but Husband
may object on valid, serious and moral
grounds
In case of disagreement court decides
on whether or not objection proper, and
benefits accrued to the family.
If benefit accrued to family prior to
objection , resulting obligation shall be
enforced against the absolute community;
after objection, against separate property
of spouse who has not obtained consent.

Under RA 9262, if the husband

prevents his wife from
engaging in any legitimate
profession, occupation or or
activity, he has committed an
act of violence punishable by
said law (Sec. 5(e), RA 9262),
except in cases where the
husband objects on valid,
serious and moral grounds.
(Sec. 3(a) (D) (1), RA 9262).

Legal sanctions : ( petition

court for relief) (72) If spouse
1. neglects duties to
conjugal union
2. commits acts which tend
to bring
danger, dishonor or injury
to the
other or to the family.

Exercise of profession- (73)

-either spouse may exercise without
the consent of the other
-spouse may object on valid, serious
and moral grounds
-in case of disagreement, the court
shall decide whether or not the
objection is proper and benefit accrued
to the family before objection or
thereafter.
-if the benefit accrued prior, the
resulting obligation shall be enforced
against the separate property of
spouse who has not obtained consent.

PROPERTY RELATIONS BETWEEN

HUSBAND AND WIFE:
Governed By :
1.marriage settlement
2.family code
3. local customs (ARTICLE 74)

Property regimes (article 75)

1. absolute community
2. conjugal partnership gains
3. complete separation of property
4. combination of the above regimes
5. any other regimes, like dowry
system
6. in case of void regime- governed by
absolute
community.

Q. A, married B, a very rich

woman. When B died, A claimed
of the properties of B on the basis
of a public instrument executed by
A and B whereby all their separate
properties were converted into
conjugal properties. Is the claim
valid?

Ans. The claim is not valid.

1. Property relations between
husband and wife cannot be
changed, altered or modified
during marriage.
2. The public instrument, if
given effect, would result in
giving validity to donation
between spouses which is not
allowed by law.
3. It would allow commission of

Forms of marriage settlement

or modification : (77)
1. Must be in writing
2. Must be signed by both
3. Must executed before
marriage
Must be registered to affect
third parties

In case real properties

are contributed, the
marriage settlement must
be in public document and
recorded in the local civil
registry and register of
deeds, in order to affect
third persons.

No more minors needing

assistance of guardian for
purposes of marriage
settlement as the age of
majority has been lowered to
18, which is also the age of
If
suffering from civil interdiction,
marriage.

to be assisted by legal guardian in

executing marriage settlement.
(79)

Any modification,
alteration or change in
the marriage settlement
must be made before the
celebration of the
marriage. (76)

Effect of non-celebration of
marriages: (81)
1. property regime
2. donation proper nuptias
3. other stipulation
in consideration of
marriage ARE
RENDERED VOID
However, stipulations that do
not depend on the
celebration of marriage shall
be valid

Property relations governed by : Philippine

law, except contrary stipulation in marriage
settlement. (irrespective of place of
marriage and residence of parties)
The rule does not apply1. both spouse are alien
2. extrinsic validity of contracts
affecting property not situated in the Phil
and
executed in country where the property is
located
3. extrinsic validity of contracts entered in
Phil. but
affecting property situated outside of RP
whose laws require different formality for
their extrinsic validity.(81)

DONATIONS PROPTER
NUPTIAS (82)
Req.
1. made before marriage
2. in consideration thereof
3. in favor of one or both of
the future
spouses

Excepted: (not considered donation

propter nuptias)
-Ordinary weeding gifts after
marriage
-Donation before but not in
consideration
of the marriage
- Donation to other persons even if
founded on the intended
marriage
-Insurance contract over the life of

Limitations:
-no limitation if spouse
agrees on
absolute community
- if not absolute community1/5 of
present property
-In case of future propertyrule on
succession

GROUNDS FOR REVOCATION : (86)

1. non-celebration of marriage
2. marriage judicially declared void ab
initio
A- if in marriage settlementautomatically revoked
B- if not in M S - if written-10 years, if
oral- 6 years
3. marriage without parental consent
(action must
be filed within 4 years)
4. Marriage annulled, donee acted in
bad faith- 4 yrs
5. Legal separation, donee is guilty
spouse- 5 yrs fr.

Property donated with

encumbrance : (86)
Valid
if foreclosed :
A- sold for less than the
obligationdonee not liable for
deficiency
B- sold for more than the
obligationdonee entitled to

DONATION BETWEEN SPOUSES :

(87)
direct-void
indirect- void (where spouses is
the presumptive heir of donee)
except : moderate gifts on
family
rejoicings.
*Rule applies to common-law
relationships

Q. X had been taking care of B

until she got married to A. Prior to
the marriage, A executed a deed
of donation, with the following
conditions: 1. if there are children
to their marriage, the property
shall go to said children; 2. if
there are no children, and A
should die ahead, shall be given
to his brothers; 3. if there are no
children, and B should die ahead,
shall go to X. Nine monts after
their marriage, B died without
issue. X filed an action to enforce

Ans.

No, action will not prosper.

1. Donation is not a donation

propter nuptias. It was not made
in favor of B, the wife.
2. It cannot be a valid donation
inter vivos because there was no
acceptance by the donee.
3. It cannot be a valid donation
mortis causa because it was not
executed in the formality of will;
besides, A is still alive. (note:
there was substitution of heirs).

Q. X executed a donation
propter nuptias in favor of his
prospective wife, Y, who accepted
the same. The marriage however
did not take place. The creditors of
X filed an action to recover the
property donated on the ground
that the marriage was not
celebrated. Will the action
prosper?
Suppose the donation was made in
the marriage settlement, will the
answer be the same?

Ans. No, the action will not

prosper.
A donation propter nuptias is only
REVOCABLE by the donor if the
marriage is not celebrated. If the
donor did not bring an action for
revocation within the period of
limitation, then the donation
would forever be valid.
However, if the donation was made
in the marriage settlement, then
the donation is revoked by

Q. A donation propter
nuptias was given by X to Y.
They were subsequently
married. Thereafter, Y
discovered that X was
previously married. Y brought
an action to annul their
bigamous marriage, which was
granted. X filed an action to
revoke his donation as their
marriage was judicially
declared void. Will the action

Ans. No, the action will not

prosper.
A donation propter nuptias is
revocable in case the marriage is
annulled, and the donee acted in
bad faith. In this case, Y, the wife,
who was the donee, did not act in
bad faith. Rather, it was the donor
who acted in bad faith. Hence,
donation cannot be revoked by the
donor.

Q- A and B, both single, lived

together as husband and wife,
without the benefit of
marriage. During their
cohabitation, A donated a
house and lot to B. When A
died, the heirs of A bring an
action to recover the property
donated. Will the action
prosper?

Ans.

The action will prosper

Donation between spouses

who are legally married is void.
Same rule applies to persons
living together as husband
wife without a valid marriage.
To allow a different rule is to
put premium to illegimate
relationship.

Q. X donated a parcel of land

to his common-law wife, Y.
Thereafter, X and Y got
married. Shortly after their
marriage, X died. The sister of
X filed an action to recover the
property donated by X on the
ground that it is void. Will the
action prosper?

Ans. The action will prosper, but only

to of the property.
The donation made by X to his
common-law wife Y is admittedly void.
Donation between legally married
spouses is void. Said rule applies in
equal measure to illegitimate relations.
Y is however entitled to share of the
property, being an intestate heir, as
she was legally married to X before he
died. The other shall go to the sister
of X, who is also his intestate heir.

PROPERTY RELATIONS :
ABSOLUTE COMMUNITY- governs after
the effectivity of the family code,
unless different regime agreed upon
by the spouses. .
COMMENCEMENT: precise moment
marriage is celebrated.
WAIVER of rights, interests, shares
and effects of community property
during the marriage- VOID

EXCEPT:
1.waiver takes place upon judicial
separation
of property
2. waiver takes place after marriage
had been
dissolved or annulled.
WAIVER must appear in public
instrument and recorded.
Creditors of waiving spouse may
petition the court to rescind waiver to
the extent of their credit.

COMMUNITY PROPERTY
CONSIST OF:
1. all properties owned by the
spouses
at the time of celebration
of marriage
2. all properties acquired
after marriage.

PROPERTIES EXCLUDED :
1. acquired by gratuitous title,
including fruits and
income, except when grantor
declares them to
form part of the community
property.
2. property for personal and
exclusive use of
spouses, except jewelry, which
are community
property

CHARGES UPON ABSOLUTE

COMMUNITY:
1. SUPPORT for spouses, common
children, and
legitimate children of each spouse
2. DEBTS and obligation contracted
during
marriage by : A-administrator
spouse
B- Both spouses
C- One spouse with
consent of
other

4.TAXES liens, charges and

expenses, including
major or minor repairs upon
community
property.
5. TAXES and expenses for
preservation made
during marriage upon separate
property of
either spouse use by family.
6. EXPENSES to enable either spouse
to commence
or complete a professional,

8. VALUE of what is donated or

promised by both
spouses to their common children
for the
exclusive purpose of commencing or
completing
professional or vocational course or
for selfimprovement.
9. ANTENUPTIAL DEBTS of either
spouse that do not
redound to the benefits of the family,
SUPPORT for
Illeg. children, liabilities for crime,

If the community property is not

sufficient, the separate property of
either spouse shall be solidarily liable
for the unpaid balance.
LOSSES IN GAMBLING, betting,
sweepstakes, or any other kind of
gambling, whether prohibited or
permitted by law, shall be borne by
the loser, and not chargeable to the
community, but winning pertains to
the community.

In the system of absolute

community, liabilities
incurred by either spouse by
reason of crime is
chargeable to the absolute
community property, in the
absence or insufficiency of
the exclusive property of the
debtor-spouse. (Buado vs CA
586 SCRA 397)

ADMINISTRATION & ENJOYMENT of

community property- BOTHIn case of DISAGREEMENThusbands decision prevails, but wife
may seek recourse in court within 5
years from date of contract
implementing the decision.
In case of incapacity or inability to
participate in administration- the
other spouse shall assume sole
power, but cannot dispose or
encumber community property,
without court approval or consent of
the other spouse.

DISPOSITION OR ENCUMBRANCE of
community property- BOTHIf made by one, without consent of the
other, it shall be considered as continuing
offer on the part of the consenting spouse,
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..
If consent is withheld or cannot be
obtained- COURT may give the authority
as warranted by the circumstances.
EITHER spouse may dispose by will his/her
interest in the absolute community.

DONATION OF COMMUNITY
PROPERTY- BOTH
- except moderate donations
to charity OR on occasion of
family rejoicing OR family
distress.

DISSOLUTION OF ABSOLUTE
COMMUNITY REGIME1. death of either spouse
2. decree of legal
separation
3. marriage is annulled or
declared void
4. Judicial separation of
property under
134 to 138

ARTICLE 134- SEPARATION OF

PROPERTY DURING THE MARRIAGE
TAKES PLACE ONLY BY JUDICIAL ORDERDONE under A- Art. 136- by agreement where
they jointly file
a verified petition for
voluntary
dissolution of the
absolute
community property
B- Art. 135- for sufficient cause.

ARTICLE 1351.spouse convicted with penalty of

CIVIL
INTERDICTION
2. spouse judicially declared an
ABSENTEE
3. LOSS OF PARENTAL AUTHORTITY
decreed by
court
4. ABANDONMENT by the spouse
OR failure to
comply with obligation
5. ABUSE OF POWER OF
ADMINISTRATION
6. SEPARATION IN FACT FOR ONE

SEPARATION DE FACTO OF SPOUSES- shall

not affect the absolute community
property- except:
A- spouse who leaves conjugal home or
refuses to live
therein- shall have no right to be
supported.
B- consent of spouse to any transaction
is needed
judicial authorization shall be
obtained in summary
proceedings
C- if community property not sufficient,
separate
property of both spouses shall be
solidarily liable for
the support of the family.

ABANDONMENT BY SPOUSE OF
THE OTHER
Abandoned when spouse left
conjugal dwelling without any
intention of returning.
Presumed to have no
intention of returning when
spouse left conjugal dwelling
after 3 months or within said
period give no information as to
his/her whereabouts.

REMEDY OF ABANDONED
SPOUSE1. receivership
2. judicial separation of
property
3. Petition for authority to be
sole
administrator of community
subject to
such precautionary conditions
as court
may impose.

LIQUIDATION OF ABSOLUTE COMMUNITY

ASSETS AND LIABILITYPROCEDURES :
1. prepare inventory of absolute and separate
properties
2. Pay debts and obligations
If not sufficient-separate propertysolidarily liable
3. NET REMAINDER shall be divided equally
except- a- different divisions agreed
upon in marriage
settlement.
B- Voluntary waiver by one
spouse of his
share.

5. conjugal dwelling and lot

adjudicated :
a- agreement of the parties
b- spouse, majority of the
common children
chooses to remain, child
below 7,
presumed to have chosen the
mother
c- if no majority- court decides
taking into
consideration the best
interest of the

TERMINATION OF COMMUNITY
PROPERTY BY DEATHA- liquidated in the proceeding for
settlement of
estate deceased.
B- Surviving spouse shall liquidate
community
property judicially or
extrajudicially, within one
year from death of deceased
spouse.
C- If no liquidation after one year from
deathDISPOSITION OR ENCUMBRANCE
involving the

LIQUIDATION OF COMMUNITY
PROPERTIES OF TWO MARRIAGESA- DETERMINE the capital, fruits
and income
of each community property
upon such
proof as may be considered
according to
the rules of evidence.
B- in case of doubt as to which
the community
the existing properties belong,
they be shall

CONJUGAL PARTNERSHIP OF
GAINS
1.property of regime that
applies when agreed upon in
the marriage settlement.
2.conjugal partnership of
gains
already established
between spouses before the
effectivity of the family code.

RIGHT OF EACH SPOUSE IN THE

CONJUGAL PROPERTY DURING
MARRIAGE IS MERELY INCHOATEThus, a private creditor of the
husband cannot attach or levy on onehalf of the joint account of the
spouses in a bank on the ground that
it is the share of the husband in said
account.
The right of the husband to one
half of the properties of the conjugal
partnership does not vest until its
dissolution and there are net assets
left.(De Ansaldo vs. Sheriff of Manila,

The Family Code, which took

effect on 3 August 1988,
provides that any alienation or
encumbrance made by the
husband of the conjugal
partnership property without
the consent of the wife is void.
However, when the sale was
made before the effectivity of
the FC, the applicable law is the

Article 173 of the New Civil

Code provides that the
disposition of real property
of the conjugal partnership
without the wifes consent
is not void but merely
voidable and the wife could,
during the marriage and
within 10 years from the
questioned transaction,
seeks its annulment. (Heirs

However, any alienation or

encumbrance made after August 3,
1988 when the Family Code took effect
by the husband or the wife of the
conjugal partnership property without
the consent of the other is null and
void. (Heirs of Ignacia Aguillar-Reyes,
supra).
The present law specifically requires
the written consent of the other
spouse, or authority of the court for
disposition or encumbrance of conjugal
partnership property without which,
the disposition or encumbrance shall

The reason for the rule- is that the

right of the husband or the wife to
one-half of the conjugal assets
does not vest until the liquidation
of the conjugal partnership, or
after the dissolution of the
marriage, when it is finally
determined that, after settlement
of the conjugal obligations, there
are net assets left which can be
divided between the spouses or
their respective heirs. Prior
thereto, the interest of each
spouse in the conjugal assets is

In Homeowners Savings & Loan Bank

vs Dailo (453 SCRA 282), the bank
contended that the mortgage of a
conjugal property by the husband
without the consent of the wife is not
void in its entirety but valid with
respect to the share of the consenting
spouse, citing Art. 493 of the NCC,
which allows a co-owner to dispose of
his aliquot share without the consent of
the other co-owner. The Court held that
the rules of co-ownership do not apply
to the property relations of conjugal
partnership of gains because said

In Pelayo vs Perez, 459 SCRA

475, the Court held that when
a wife affixed her signature to
a Deed of Sale on the space
provided for witnesses, she
was deemed to have given her
implied consent to the contract
of sale. Hence, the consent of a
spouse to the disposition does
not have to be explicit or set
forth in any particular
document so long as it is

COMMENCEMENT, WAIVER OF
RIGHTS SHARES, EFFECTS OF
ABSOLUTE COMMUNITY
APPLIES TO CONJUGAL
PARTNERSHIP OF GAINS.

EXCLUSIVE PROPERTY OF EACH

SPOUSE1. brought to the marriage as his/her
own.
2. acquires during marriage by
gratuitous title
(by donation or will, either singly
or jointly, if
share designated- per designation
if not- share
and share alike)
3. acquired by right of redemption,
by barter or by
exchange with property belonging
to only one

In conjugal partnership regime, if a

spouse acquires a property through
the exercise of the right of
redemption solely pertaining to
him/her, the property so acquired
is his/her exclusive property, even
if conjugal funds were used in the
redemption. Villegas vs Lingan,
526 SCRA 63). But the ownerspouse has the obligation to
reimburse the conjugal partnership
for the funds coming from said

The wife during the

marriage sold under pacto
de retro her paraphernal
property consisting of house
and lot. A few weeks later,
the wife died. The husband
redeemed the property
using his exclusive funds. To
whom will the property
belong, husband or wife?

Property still belongs to the

wife. Property acquired by
right of redemption is
exclusive property. What
matter is the origin of the
right, if the right of
redemption pertains to the
wife, then it belong to the
wife if redeemed. Husband
can recover the amount used

H before marriage with W

was given by his friend a
usufruct over a riceland for
5 years. Two years
thereafter, H married W. Is
the usufruct conjugal or
exclusive?

The right of usufruct is

exclusive, but the fruits
derived from said right is
conjugal. Income or fruits of
the separate property of the
spouses is conjugal.

OWNERSHIP, POSSESSION,
ADMINISTRATION, ENJOYMENT OF
EXCLUSIVE PROPERTY- retains by the
owner spouse. But fruits of the
separate property belongs to the
conjugal partnership of gains
Owner spouse may mortgage,
encumber, alienate, or dispose her
exclusive property. Spouse may
appear alone in court to ligitate.

TRANSFER OF ADMINISTRATION
OF EXCLUSIVE PROPERTY TO
OTHER SPOUSE- by public
instrument, recorded in registry
property where property is
situated.
Alienation by spouse
automatically terminate the
administration and proceeds shall
be turned over to owner-spouse.

PROPERTY DONATED TO SPOUSE :

1. if jointly with designation of
shares- shall pertain
to the donee-spouse as his or her
own exclusive
property.
2. if jointly, without designation of
shares- shall
pertain to the spouses - share and
share alike.
3. If jointly, without designation of
shares, and one
of spouse refuses to accept, or

CONJUGAL PARTNERSHIP PROPERTY :

1. ACQUIRED by onerous title during
marriage at the expense
of common fund.
- the test is the origin of the money
invested in the purchase, if it came from
conjugal funds, the property acquired is
conjugal. (Rivera vs. Batallones, CA 40 OG 2090).
2. OBTAINED labor, industry, work or
profession of either or
both spouse
- but teachers gratuity under special law,
being remuneratory is not conjugal. (Alano vs.
Florido, 61 phil 303)
- money received under the SSS Law is not
conjugal, although the employee-spouse

3. FRUITS, natural, industrial or civil due or

received during
marriage from the common property and from
the exclusive
property of each spouse.
4. SHARE of either spouse in the HIDDEN
TREASURE as a finder or
owner of the property where treasure found
5. ACQUIRED through OCCUPATION such as
fishing or hunting
6. LIVESTOCKS existing upon dissolution of the
partnership in
excess of the number of each kind brought to
the marriage by
each spouse.

H and W bought a fishpond

from X for P48,000, payable in
3 equal installments. The first
installment was paid with funds
belonging exclusively to W,
while the 2nd and 3rd
installments were paid with
funds borrowed by both from Y.
In securing said loan, several
lands belonging to W were
given. Is the fishpond

Suggested answerThe fishpond is partly

paraphernal (1/3) and partly
conjugal (2/3). The amount
borrowed is conjugal in
character because they are
acting for the benefit of the
partnership. The collateral
does not affect the status of

PROPERTY BOUGHT ON INSTALLMENTSIf paid partly from exclusive funds,

partly from conjugal funds1. belongs to spouse if ownership was
vested before
marriage
2. but to the conjugal partnership if
ownership was
vested after marriage.
In either case, amount advanced by
the spouse or partnership shall be
reimbursed upon liquidation of the
partnership.(118)

CREDITS PAYABLE IN
INSTALLMENTS- (119)
credit payable in installments
within a period of time, the
installments payable during
marriage belongs to the spouse
but interests thereon belongs to
the partnership.

A obtained a loan in the

amount of P20,000 from W
prior to Ws marriage to H a
year later. Said loan was to
be payable in 3 years by
way of monthly installments.
To whom shall the
installments due during
marriage belong? How about
the interests?

The credit is separate

property of W. Installments
in payment thereof is also
separate. However, the
interests due during
marriage shall belong to the
conjugal partnership.

IMPROVEMENTS ON SEPARATE PROPERTY

OF SPOUSE(120)
Elements :
1- improvements are for utility or
adornment
2. made in separate property of the
spouse
3. by the conjugal partnership or
through acts or
efforts of either or both spouse.

RulesA- shall pertain to the conjugal

partnership if the cost of
the improvement and resulting
increase in value is
more than the value of the property at
the time of
the improvement.
B- shall pertain to the owner-spouse if
the cost of the
improvement and resulting increase is
less than the
value of the property at the time of
improvement.
C- the owner-spouse shall be entitled to

The obligation to reimburse for

the cost of the improvements,
under Art. 120 FC, rests on the
spouse upon whom ownership
of the entire property is vestedthere is no such obligation on
the part of the purchaser of the
property, in case the property is
sold by the owner-spouse prior
to reimbursement. (Ferrer vs
Ferrer, 508 SCRA 570)

CHARGES AND OBLIGATION OF THE

CONJUGAL PARTNERSHIP (121)
1. support of the spouses, support of the
common
children, support of the leg children of
either
spouse
2. debts and obligation contracted during
marriage by :
administrator-spouse for benefit of
partnership, both
spouses, by one of them with the
consent of the
other.

4. All taxes, liens, charges and expenses,

including minor or
major repairs upon conjugal property.
5. All taxes and expenses for mere
preservation made during
marriage upon separate property of either
spouse
6. Expenses to enable either spouse to
commence or complete
a professional, vocational or other activity
for selfimprovement.
7. Antenuptial debts of either spouse insofar
as they have
redounded to the benefit of the family.

9. Expenses for litigation between

the spouse
unless the suit is found
groundless.
If the conjugal property is
insufficient, the spouse shall be
solidarily liable with their separate
properties.

ADDITIONAL CHARGES- (122)

10. personal debts contracted by either
spouse before or during
marriage, to the extent that they
redounded to the benefit
of the family.
11. Fines and pecuniary indemnities, and
12. Support of illegitimate children- shall be
charged to the
conjugal property after payment of the
obligations from (a)
to (1), and the spouse liable has no
exclusive property or
insufficient to pay for the fines, pecuniary
indemnities and

Conjugal property cannot be

held liable for the personal
debts contracted by one
spouse, unless some
advantage or benefit is
shown to have accrued to
the conjugal partnership.
(Buado vs CA, 586 SCRA
397)

Unlike in the system of absolute

community where liabilities
incurred by either spouse by
reason of a crime or quasi-delict is
chargeable to the absolute
community property, in the
absence or insufficiency of the
exclusive property of the debtorspouse, the same advantage is not
accorded in the system of conjugal
partnership. The conjugal
partnership of gains has no duty to

Legal presumption that debt

redounds to the benefit of the
family- If either spouse
contracts an obligation on
behalf of the family business,
there is a legal presumption
that such obligation redounds
to the benefit of the conjugal
partnership. (SEBTC vs Mar
Tierra Corp. 508 SCRA 419;
Ayala Investment and

Thus1. If the husband himself is the

principal obligor in the contract,
ie., the direct recipient of the
money and services to be used
in or for his own business or
profession, the transaction falls
within the term obligations for
the benefit of the conjugal
partnership.

2. But if the money or services

are given to another person or
entity and the husband acted
only as a surety or guarantor,
the transaction cannot by itself
be deemed an obligation for the
benefit of the conjugal
partnership. It is for the benefit
of the principal debtor and not
for the surety or his family.

ADMINISTRATION AND ENJOYMENT OF

CONJUGAL PROPERTY. (124)
-shall belong to both spouses jointly in
case of disagreement, husbands decision
prevails
- wife may go to court for relief, within
five years from dateof contract
implementing said decision
- if spouse is incapacitated or unable to
participate in administration of conjugal
property, other spouse may assume sole
powers of administration- except- power to
dispose or encumber, which requires court

- in the absence of the court

authority or consent of the other
spouse, the disposition or
encumbrance shall be void
however, the transaction shall be
considered as continuing offer on
the part of the consenting spouse
and third person, and perfected as
a binding contract upon the
acceptance by the other spouse or
approval by the court before offer
is withdrawn by either or both
offerors.

DONATION OF CONJUGAL PROPERTY

(125)
either can not donate without
the consent of the other
except- moderate donations to
charity or on occasions of family
rejoicing or family distress.

DISSOLUTION OF CONJUGAL
PARTNERSHIP (126)
1. upon death of either spouse
2. when there is decree of legal
separation
3. when the marriage is annulled or
declared void
4. in case of judicial separation of
property during
marriage under Art 134-138

SEPARATION DE FACTO- (127)

shall not affect the conjugal partnership
spouse who leaves the conjugal home or
refuses to live therein without just
cause, shall have no right to be
supported
-when consent of spouse to any
transaction is required, judicial
authorization shall be obtained in a
summary proceeding.
- Present spouse may be given judicial
authority to dispose or encumber
separate property of other spouse to
satisfy the latters share if conjugal

if spouse abandons the other

without just cause or fails to comply
with his/her obligations, the
aggrieved spouse may petition court
for :
1- receivership
2. judicial separation of property
3. authority to be sole administrator
of conjugal property.

-SPOUSE DEEMED TO HAVE ABANDONED

THE OTHER- when she or he left the
conjugal dwelling without any intention
of returning
- SPOUSE who left the conjugal dwelling
for a period of three months or has
failed within the same period to give
any information as to his/her
whereabouts shall be prima facie
presumed to have no intention of
returning to the conjugal dwelling.

LIQUIDATION OF CONJUGAL PARTNERSHIP

ASSETS AND LIABILITIES(129)
PROCEDURES :
1. inventory of conjugal and separate
properties
2. amounts advanced by the conjugal
partnership in payment of personal debts of
either spouse shall be credited to the
partnership as asset thereof.
3. Reimbursement to the spouse/s of :
A- exclusive fund for acquisition of
property
B- for value of property vested to

4. debts and obligation of partnership shall be paid

5. remainder of the exclusive property shall be delivered
to each of them
6. loss of deterioration of movable belonging each
spouse used for benefit of family shall be paid from
common funds
7. net remainder of conjugal assets shall be divided
equally between spouses, unless different proportion
agreed upon in marriage settlement, or unless waived or
forfeited as provided in the code
8. the presumptive legitimes of common children shall
be delivered upon partition
9. conjugal dwelling and lot on which is situated shall be
adjudicated to the spouse with whom the majority of the
common children choose to remain unless otherwise
agreed upon by the spouses, provided that children

LIQUIDATION OF CONJUGAL PARTNERSHIP

OF 2 OR MORE MARRIAGES(131)
Elements1. two or more marriages contracted
by the same person.
2. marriages contracted before the
effectivity of this code
3. liquidation carried out
simultaneously

rules1.respective capital, fruits, and

income of each partnership shall
be determined, upon proof
allowed under the rules of
evidence
2. in case of doubt as to which
partnership the existing
properties belong, the same shall
be divided between or among the
different partnership in
proportion to capital and duration

SEPARATION OF PROPERTY OF
SPOUSES :
SEPARATION OF PROPERTY TAKES
PLACE :
1. if stipulated in marriage
settlement
2. by judicial order
A- voluntary
B- sufficient cause

VALID CAUSES FOR JUDICIAL

SEPARATION OF PROPERTY:
1. CIVIL INTERDICTION
2. ABSENTEE(JUDICIAL)
3. LOSS PARENTAL AUTHORITY (court
decree)
4. ABANDONMENT OF SPOUSE
5. FAILURE TO COMPLY WITH
MARITAL
OBLIGATION IN 101-marital,
parental and
property obligations.
6. ABUSE OF POWER
ADMINISTRATION
7. SEPARATION IN FACT FOR 1 YEAR

VOLUNTARY SEPARATION OF PROPERTY :

Rules1. joint petition (verified)
2. creditors of community and personal
notified
3. creditors of community and personal
listed
4. court takes measure to protect creditors
or persons with
pecuniary interests
5. once decreed, liquidation of community
property
6. During, pendency, community pays for
support of sp and
separation of property applies.
7. After dissolution, provisions on complete
separation of
property applies

REVIVAL OF THE PRIOR PROPERTY

REGIME : BY FILING A PETITION IN THE
SAME COURT DECREE WAS ISSUED IN
THE FOLLOWING CASES :
1. civil interdiction terminates
2. absentee reappears
3. court satisfied spouse will not
again abuse
administration
4. spouse returns to resume common
life
5. parental authority judicially
restored
6. spouses absent for one year
returns

ADMINISTRATION OF EXCLUSIVE
PROPERTY OF SPOUSE TRANSFERRED
TO OTHER :
1. spouse becomes guardian of other
2. spouse declared absentee
3. spouse under civil interdiction
4. Spouse is fugitive from justice
5. if the spouse is disqualified
because of :
incompetence
conflict of interest
or other just cause- court shall
appoint a
suitable person to be

REGIME OF COMPLETE
SEPARATION OF PROPERTY
1. agreed upon in marriage
settlement
2. decreed by court in proper
cases
NOTE : COMPLETE SEPARATION
OF PROPERTY REGIME CANNOT BE
CONVERTED INTO ANY OTHER
REGIME DURING MARRIAGE
BECAUSE THERE IS NO LAW

KINDS :
AS TO EXTENT- A- total or
partial
AS TO KINDS-a- present, bfuture, c-both

RIGHTS OF SPOUSES IN
COMPLETE SEPARATION OF
PROPERTY :
1.OWN, DISPOSE, POSSESS,
ADMINISTER THEIR SEPARATE
PROPERTY
2. OWN THE EARNINGS FROM
BUSINESS, PROFESSION OR
INDUSTRY AND FRUITS OF THEIR
PROPERTY.

OBLIGATIONS :
1. BEARS FAMILY EXPENSES
PROPORTIONATE TO INCOME OR
CURRENT
VALUE OF SEPARATE PROPERTIES.
2. LIABLE SOLIDARILY TO
CREDITORS FOR FAMILY EXPENSES.

RULES IN CASES OF UNIONS WITHOUT

MARRIAGE:
FIRST GROUP:
1. CAPACITATED TO MARRY
2. LIVE EXCLUSIVELY WITH EACH OTHER
AS H AND W
3. WITHOUT BENEFIT OF MARRIAGE
SECOND GROUP :
Living together under a void marriage
With previous valid marriage

RULES ON PROPERTY RELATIONS :

1. wages and salaries owned by both in equal
shares. Irrespective of who is earning.
2. Properties acquired during cohabitation :
A- if acquired by donation, succession or
exchange- separate property. - fruit and income
thereof- separate
B- if acquired by parties through work or
industry
rules of co-ownership applies(proportionate to
their efforts in acquiring)
if no proof, presumed equal, hence equal
sharing.
NOTE : a party who did not actually participate in
the acquisition shall be deemed to have
contributed jointly if the formers effort consisted

In torres vs. Yaptinchay- the

supreme court held that where the
only contribution of the commonlaw wife in the acquisition of the
properties was moral or
inspirational in character, her
interest as co-owner of such
properties shall be determined by
the courts by using their sound
discretion.

MANAGEMENT SHALL BE JOINT

NO ENCUMBRANCE OR DISPOSITION
BY ACT INTER VIVOS WITHOUT
CONSENTOF THE OTHER, UNTIL THE
TERMINATION OF COHABITATION

SPECIAL RULES APPLICABLE TO

VOID MARRIAGES :
IF ONLY ONE PARTY IN GOOD
FAITH, the OTHER GUILTY PARTY
SHALL FORFEIT HIS SHARES AS
FOLLOWS:
common children
in default thereof, to common
childs
descendants

RULES ON SPECIAL VOID MARRIAGES such

as :
Bigamous, adulterous, concubine, both
married to others, multiple alliancesOnly properties acquired by parties through
their actual joint contribution of money,
property or industry shall be owned in
common in proportion to their contribution,
HENCE :
- wages and salaries belong to him
exclusively
- care by one party of home, children, and
household or spiritual or moral inspiration
provided to other, not included in article.
- IF ONE PARTY IS VALIDLY MARRIED TO
ANOTHER-share will accrue to community of

-IF PARTY IN BAD FAITH IS NOT VALIDLY

MARRIED TO ANOTHER- share shall be
forfeited in favor of common children
or descendants of common children.
- IF BOTH PARTIES IN BAD FAITHSHARE shall be forfeited in favor of
common children or descendants of
common children.(rule in pari delicto
does not apply)

FAMILY HOMEElements1. constituted jointly by husband and

wife or by an
unmarried head of a family
2. dwelling house where they and their
family reside
land on which it is situated
- property subject of conditional sale on
installments, where ownership is
reserved by vendor only to guarantee
payment of purchase price may be
constituted as a family home. (156)

LIMITATIONS ON
CONSTITUTION OF
FAMILY HOME :
1. each family have only one home
2. family home can be constituted
only on the dwelling place and
therefore, in the locality where the
family has its domicile.
- there must be actual occupancy of
the family home with the intention of
dedicating the premises for such
purpose.

COMMENCEMENT OF FAMILY HOME

(153)
The family home is constituted on the house
and lot from the time it is occupied as a family
residence, and continues so long as any of its
beneficiaries actually resides therein.
From the time of constitution, the family home is
exempt from execution, forced sale or attachment
except for1. non-payment of taxes
2. debts incurred prior to its constitution
3. debts secured by mortgages on the premises
before or after its constitution
4. debts due to laborers, mechanics, architects,
builders, materialmen, and others who have

EXEMPTIONto the extent of P300,000.00 in

case of urban areas (chartered
cities) and P200,000.00 in case of
rural areas.(157)

BENEFICIARIES OF FAMILY
HOME (154)
1. husband and wife or
unmarried person who is head
of the family
2. their parents, ascendants,
descendants, brothers and
sisters living in the family home
and dependent for support
upon the husband and wife, or
head of the family.

SALE, DONATION,
ASSIGNMENT OR
ENCUMBRANCE OF FAMILY
HOME- (158)
1. may be sold, alienated, donated,
assigned or encumbered by the
owner/s thereof
2. with written consent of- person constituting the same
-his spouse and
- majority of the beneficiaries of
legal age
in case of conflict, court shall decide

EFFECT OF DEATH OF SPOUSES OF

HEAD AND FAMILY -(159)
family home shall continue
despite death of one or both
spouses or the unmarried head of
family for a period of 10 years or
for as long as there is a minor
beneficiary. The family home
continues until the beneficiary
becomes of age. (Patricio vs Dario
III, 507 SCRA 438)
Heirs can not partition the family

PROCEDURE FOR CLAIMS OF

CREDITORS OF FAMILY HOME (160)
creditors claim is not one of those
for which family home is not exempt
obtains a judgement in his favor
reasonable ground to believe that
family homes value is more than the
amount fixed by law for its
exemption
creditor may apply to the court
rendering judgment for an order for
the sale of the family home.
The court shall order sale if the
family homes value is in excess of
the amount fixed by law on its

FAMILYPOLICY- (149)
Family is the foundation of the
nation
Family is the basic social
institution which public policy
cherishes and protects.
Family relations are governed by
law
No customs, practice or
agreement destructive of the
family shall be recognized or given
effect

FAMILY RELATIONSIncludesbetween husband and wife

between parents and
children
among other ascendants
and descendants
among brothers and sisters
whether of full-blood or

SUIT BETWEEN MEMBERS OF

THE SAME FAMILY (151)
no suit shall prosper unless it
should appear from the
verified complaint or petition
that earnest efforts toward a
compromise have been made,
but the same have failed. If it
is shown that no such efforts

RULES DOES NOT APPLY TO

CASES :
Affecting civil status of
persons
Validity of marriage or legal
separation
Any ground for legal
separation
Future support

PATERNITY AND
FILIATIONPaternity- is the civil
status of the father with
respect to the child.
Maternity- is the civil
status of the mother with
respect to the child.

KIND OF FILIATION1-Natural- relation between

parent and child arising
from nature or from childs
birth.
2-Artificial- relationship that
arises between parent and
child by fiction of law or in
imitation of nature, as in

LIGITIMATE CHILDRENFiliation of legitimate

childrenby nature: legitimate
illegitimate
by fiction of law:
adoption

by

LEGITIMATE CHILDREN- (164)

I. those conceived or born during
marriage of parents
II those conceived as a result of
artificial insemination
of the wife with sperm of husband
of the wife with sperm of donor
of the wife with sperm of both
donor and husband

In case of artificial
inseminationboth spouse authorized or
ratified the insemination in
a written instrument
executed and signed by
them before the birth of the
child, the instrument shall
be recorded in the civil

Presumption of legitimacy (Art. 164 FC)

In Liyao Jr vs Tanhoti-Liyao, 378 SCRA
563, the husband and wife were
separated for many years. During their
separation, the wife had an illicit
relation with another man, with whom
she cohabited and had a child. When the
paramour died, the wife on behalf of her
child, filed an action for compulsory
recognition of the latter as the
illegitimate child of her paramour for
the purpose of partaking in the latters
vast estate. The SC denied the action
because the child is presumed to be a
legitimate child of the husband and
wife, the child being conceived and born

In Concepcion vs CA, 468 SCRA 438, the wife

during the subsistence of her marriage with
her first husband, married anew. Thereafter,
upon petition of the second husband, the
second marriage was declared void for being
bigamous and the common child of the wife
and the second husband was declared to be
an illegitimate child by the trial court. The
custody of the child was awarded to the
mother while the second husband was
granted visitation rights. On appeal from the
decision granting the second husband
visitation rights over the child, the SC held
that the second husband is not entitled to
visitation rights because of the absence of
parent-child relationship that exists between
them. The Court explained that since the
child was born during the valid marriage of

GROUNDS TO IMPUGN LEGITIMACY OF A

CHILD (166)

1. physical impossibility of
sexual intercourse by husband
with wife within the first 120 days
of the 300 days which immediately
preceded the birth of the child due
to :
a-physical incapacity of
husband to have
sexual intercourse with his
wife

2. If it is proved that for

biological or other scientific
reasons , the child could not
have been that of the husband,
except in case of artificial
insemination

3. that in case of children

conceive through artificial
insemination, the written
authorization or ratification of
either parent was obtain
through mistake ,fraud,
violence, intimidation or undue
influence.

WIFE MARRYING WITHIN 300 DAYS FROM

TERMINATION OF MARRIAGE (168)
a child born before 180 days after the
solemnization of the subsequent
marriage is considered to have been
conceived during the former marriage,
provided born within 300 days after
termination of the 1st marriage.
b- Child born after 180 days following
the celebration of the subsequent
marriage is considered to have been

WIFES DECLARATION OF LEGITIMACY OR

ILLEGITIMACY OF CHILD (167)
The child shall be considered legitimate
although the mother may have declared
against its legitimacy or may have been
convicted as an adulteress.
CHILD BORN AFTER 300 DAYS FROM
TERMINATION OF MARRIAGE (169)
The legitimacy or illegitimacy of a child born
after 300 days following the termination of the
marriage shall be proved by whosoever alleges
such legitimacy or illegitimacy.

PERIOD TO BRING ACTION TO IMPUGN

LEGITIMACY (170)
IF HUSBAND or IF HIS HEIRS ARE RESIDENT OF
THE PLACE WHERE BIRTH TOOK PLACE OR WAS
RECORDEDThe action must be brought within 1 year from
knowledge of the birth or its recording in the
civil register
IF HUSBAND OR HIS HEIRS ARE NOT RESIDENT
OF THE PLACE WHERE BIRTH TOOK PLACE OR
WAS RECORDEDThe action must be brought within 2 years if
he is residing in the Philippines, and 3 years if
residing abroad
If the birth of child was concealed from or

HEIRS MAY BRING ACTION TO

IMPUGN LEGITIMACY OF CHILD
(171)
if husband should die before the
expiration of the period fixed for
bringing the action.
if husband should die after the
filling of complaint, without having
desisted therefrom.
if the child was born after the
death of the husband

PROOF OF FILIATION: (172)

1. Record of birth appearing in the civil
registry
2. Final judgment
3. Admission of legitimate filiation in a public
document
or private handwritten instrument and
signed by parent
concerned.
In the absence of the foregoingOpen and continuous possession of status of a
legitimate child
Any other means allowed by the rules of court
and special laws, such asbaptismal certificate
judicial admission

It is settled in law and

jurisprudence, that the status
and filiation of a child cannot
be compromised. Public policy
demands that there be no
compromise on the status and
filiation of a child. Paternity
and filiation or the lack of the
same, is a relationship that
must be judicially established,
and it is for the Court to
declare its existence or

In Uy vs Chua, while there was a

previous compromise agreement
between the parties approved by
the court in a previous case
wherein the petitioner had agreed
that there was no blood
relationship between her and the
respondent, it was held that there
is no res judicata even If the
second case involves the same
cause of action (for recognition of
paternity) between the same
parties considering that the
compromise agreement in the

As for the baptismal

certificate, it can only
serve as evidence of the
administration of the
sacrament on the date
specified but not of the
veracity of the entries
with respect to the
childs paternity. (Puno
vs Puno Enterprises, Inc.

In Cabatania vs CA, 441 SCRA

96, the Court held that the
extremely subjective test of
physical resemblance or
similarity will not suffice as
evidence to prove paternity
and filiation.
This ruling abandons the
dictum in Tijing vs CA 354
SCRA 17, where the Court held
that resemblance between a

PERIOD TO CLAIM LEGITIMATE FILIATION

(173)
the action to claim legitimacy may be
brought by the child during his or her
lifetime and shall be transmitted to the
heirs should the child die during
minority or in a state of insanity
heirs have a period of 5 years to
institute the action
if the child dies after commencing the
action, the heirs of the child will be
substituted for him, even if the parent
also dies during the pendency of the

RIGHTS OF LEGITIMATE
CHILDREN- (174)
1. To bear surname of father
and
mother
2. To receive support from
parents,
ascendants, brothers and
sisters
3. To be entitled to legitime

ILLEGITIMATE CHILDRENChildren conceived and born outside a valid

marriage are illegitimate, unless provided by
the family code. (165)
FILIATIONIllegitimate children may establish their
illegitimate filiation in the same way as
legitimate children
ACTION TO CLAIM ILLEGITIMATE FILIATION
(175)
The action must be brought within same
period for legitimate filiation except- when

RIGHTS OF ILLEGITIMATE
CHILDREN (176)
1. Use the surname of mother
2. Under the parental authority of
mother
3. Entitled to support
4. Entitled to legitime under the
civil code(1/2 that of the legitimate child)
Note: RA 9255 approved on Feb.
24, 2004, allows the illeg. Child to
use the surname of the father, if
acknowledged by the latter.

A certificate of live birth

purportedly identifying the
putative father is not competent
evidence of paternity where there
is no showing that the putative
father had a hand in the
preparation of the certificate. The
local civil registrar has no
authority to record the paternity
of an illegitimate child on the
information of a third person.
(Puno vs Puno Enterprises, Inc.
599 SCRA 585). In this case, it was
observed that only the mother

Illegitimate children shall use

the surname of the mother,
regardless of whether or not the
father admits paternity.
(Mossesgeld vs CA, 300 SCRA
464).
Hence, the illegitimate father
cannot compel the local civil
registrar to register the
certificate of live birth of the

However, an illegitimate child

shall have the option (but not
an obligation) to use the
surname of the father in the
following instances:
1. If his/her filiation has been
expressly recognized by the
father through the record of
birth appearing in the civil
register
2. when an admission of
paternity is made by the father

The recognition of the

illegitimate child in the record
of birth, or through an
admission in a public document
or private handwritten
instrument is in itself, a
consummated act of
acknowledgment of the childs
paternity; hence, no separate
action for judicial approval is
necessary. (Dela Cruz vs Gracia,

Must the admission of

paternity in a private
handwritten instrument be
signed by the putative
father?

In Dela Cruz vs Gracia, 594 SCRA

648, the SC lay down the rules:
a- where the private handwritten
instrument is the lone piece of
evidence submitted to prove
filiation, the same must be signed
by the acknowledging parent.
b. where the private instrument is
accompanied by other relevant
and competent evidence, it
suffices that the claim of filiation
therein be shown to have been
made and signature of the
acknowledging parent is merely

In Briones vs Miguel, 440 SCRA

455, the Court reiterated the
rule that an illegitimate child is
under the parental authority of
the mother, and the recognition
of an illegitimate child by the
father is a ground for ordering
the latter to give support, but
not custody of the child. The
illegitimate father, however, is
entitled to visitation rights.

In In re: Stephanie Naty

Astorga, 454 SCRA 541, it was
held that an illegitimate child,
upon adoption by her natural
father, may be allowed to use
the surname of her natural
mother as her middle name.
The Court explained that the
same is in keeping with the
Filipino custom of adding the
surname of the childs mother
as his middle name.

The SC held that the law does not

allow one to drop the middle name from
his registered name. Middle name
serves to identify the maternal lineage
or filiation of a person as well as further
distinguish him from others who may
have the same given name and surname
as he has. In this case, when Julian was
born prior to the marriage of his
parents, he was named Julian Lin
Carulasan. After the subsequent
marriage of his parents, his name was
changed to Julian Lin Carulasan Wang.
He now seeks to drop the middle name
Carulasan. (In re: Change of name
and/or correction ofEntry in the Civil

In Braza vs the City Civil Registrar

of Himamaylan City, Negros
Occidental, GR No. 181174, Dec. 4,
2009, when the first wife found out
that her deceased husband had a
second marriage and a child in the
second marriage, she filed on Dec.
23, 2005 a petition to correct the
entries in the birth record of the
child contending that the child
could not have been legitimated
because the marriage of the
parents was void for being
bigamous. In her petition, she

The court ruled that the cause of

action is actually to seek the declaration
of the marriage of the parents of the
child as void for being bigamous and
impugn the childs, which causes of
action are governed not by Rule 108 but
by AM No. 02-11-10-SC which took effect
on March 15, 2003, and Art. 171 of the
FC, hence, the petition should be filed in
a Family Court as expressly provided in
said Code. The Court reasoned that the
validity of marriages as well as the
legitimacy and filiation can be
questioned only in a direct action
seasonably filed by the proper party,
and not through a collateral attack such

Since the marriage to be

declared a nullity was
celebrated during the effectivity
of the FC and the case
questioning its validity was filed
after March 15, 2003, the case
is governed by AM No. 02-1110-SC. Thus, only the husband
or second wife, who are parties
to the marriage, can file the
action.

LEGITIMATED CHILDRENLegitimation- is the remedy by means of

which those who in fact were not born in
wedlock and should therefore, be
considered illegitimate, are by fiction,
considered legitimate, it being supposed
that they were born when their parents
were validly married.
Legitimated children are illegitimate
children who, because of the
subsequent marriage of their parents
are, by legal fiction, considered
legitimate.

Requisites of legitimation:
1. the child is conceived and born
outside of wedlock
2. at the time of the childs
conception, the parents were
either: not disqualified by any
impediment to marry each other,
or disqualified only because either
or both of them were below 18
years of age (RA 9858)
3. after the birth of the child, the
parents subsequently enter into a

WHEN LEGITIMATION TAKES PLACE (178)

Legitimation takes place by the
subsequent marriage of parents
provided the parents have
acknowledged the child before or after
the marriage.
Annulment of voidable marriage shall
not affect the legitimation.
RIGHTS OF LEGITIMATED CHILDREN(179)

EFFECT OF LEGITIMATION
(180)
The legitimation shall
retroact to the time of the
childs birth
The legitimation of children
who died before the
celebration of the marriage

WHO IMPUGNS AND GROUNDS TO

IMPUGN LEGITIMATION (182)
Legitimation may be impugned only by
those who are prejudiced in their rights,
(testamentary or reinstated heirs),
within five years from the time their
cause of action accrues.(from death of
putative parents)

WHO MAY ADOPT?

1. of age
2. possessed of civil capacity and legal rights
3. can support and care for his children, in
keeping with the
means of the family
4. 16 years older than adopted
except 1. adopter is parent by nature of
adopted
2. adopter is spouse of legitimate
parent of the
person adopted
NOTE :
Person with children can adopt
Adopter or adopted may be single or married
Age difference is to assure maturity

WHO MAY NOT ADOPT ?

1. guardian with respect to ward before the
final
account of guardianship is approved
2. those convicted of crime involving moral
turpitude
3. alien
except- a- former Filipino adopting
relatives by
consanguinity
b- adopting the legitimate child
of Filipino
spouse
c- married to a Filipino citizen
and jointly
adopting relative by
consanguinity of the latter
(adoption of illegitimate child of

HUSBAND AND WIFE MUST

JOINTLY ADOPT :
Except1. spouse adopts his
illegitimate child, with the
consent of the other spouse
2. spouse adopts the
legitimate child of the other, in
which case, exercise joint
parental authority.

WHO MAY NOT BE ADOPTED?

I. PERSON OF AGE
Excepta- child by nature of the
adopter or
by the spouse
b- prior to adoption,
considered
and treated as child during
minority
2. alien with no diplomatic

WHOSE CONSENT IS NEEDED ?

1. child to be adopted if 10 years or over
2. parent by nature of adopted
3. children of adopter, if 10 yrs over
4. illeg. Children of adopter, if 10 yrs over and
living with
adopter
5. spouse of adopter
6. spouse of person to be adopted
NOTE :
consent of parent who abandoned child is not
necessary.
If both parents abandoned the child to be
adopted, then consent of those exercising
substitute parental authority is needed

In Landingin vs Republic, 493

SCRA 415, the Court held that the
written consent of the biological
parents is indispensable for the
validity of a decree of adoption.
The Court explained that the
natural right of a parent to his child
requires that his consent must be
obtained before his parental rights
and duties may be terminated and
re-established in the adoptive
parents.

If the written consen of the

biological parents cannot be
obtained, the written consent of
the legal guardian of the minors
will suffice. If it is claimed that
the biological mother of the
minor had indeed abandoned
them, the written consent of
their legal guardian must be
adduced. (Landingin vs
Republic)

Prior to the amendment

introduced by RA 9523 (effective
2009), the declaration of a child as
legally available for adoption may
be had either judicially or
administratively. With the
amendment introduced by RA
9523, only the DSWD now has the
sole authority to issue the
certification declaring a child
legally available for adoption.
Such certification that a child is
legally available for adoption shall
be issued by the DSWD in lieu of a

In addition, the amendatory

law provides that such
certification shall be, for all
intents and purposes, the
primary evidence that the child
is legally available in a
domestic adoption proceeding
(as provided in RA 8552 or the
Domestic Adoption Act) and in
an Inter-country adoption
proceeding (as provided in RA

EFFECTS OF ADOPTION :
-Adopted shall be deemed child of the
adopter
-Adopted has right to use surname of
adopter
-Parental authority of parents by nature
shall
terminate and vested in the adopter
exceptif adopter is spouse of parent by
nature of
adopted, then, both shall exercise
joint parental
authority
-Adopted shall remain intestate heir of

LEGAL SUCCESSION ON THE ESTATE OF ADOPTED :

children\ leg. illeg. Descendants spouse of adopted
shall inherit from him
parents by natureadopters-

of estate
of estate

surviving spouseadopters-

of estate
of estate

illeg. children
adopters

of estate
of estate

illeg. Childrenestate
surviving spouseadoptersadopters only
only collateral relatives- I

1/3
1/3 estate
1/3 estate
whole estate
intestacy applies

GROUNDS FOR REVOCATION OF ADOPTION :

A.IF ADOPTED IS MINOR OR INCAPACITATED(on the same grounds for loss or suspension of parental
authority)
1. Art. 229upon adoption of child adopted by another
upon appointment of judicial guardian
judicial declaration of abandonment
final judgment divesting parental authority from adopters
judicial declaration of absence or incapacity of person
exercising parental authority
2. Art. 230 suspended upon conviction with penalty of civil
interdiction. Reinstated upon service of penalty or pardon or
amnesty
3. Art. 231- suspend parental authority if :
treats child with excessive harshness
gives child corrupting order or counsel or example

WHO MAY FILE ACTION FOR REVOCATION/

RESCISSION?
1- any person authorized by court
2. proper government instrumentality acting in
behalf of the
child, like DSSD
B- IF ADOPTED CHILD IS ALREADY 18 YRS OLD

File personallyGrounds- 920- for disinheriting as ascendant

a- parents abandoned their children, induced
their daughter to
live a corrupt or immoral life
b- parent convicted of attempt against the life
of adopted,

Note: The adopter can no

longer file an action to
revoke the adoption. (Adm.
Circular). The reason being
that adoption is for the
benefit of the adopted.

EFFECT OF REVOCATION:
If adopted still minor, reinstate parental
authority of parents, unless disqualified or
incapacitated, in which case, court appoints a
guardian
If adopted is physically or mentally
handicapped court appoints a guardian
All reciprocal right and obligations between

INTER-COUNTRY
ADOPTION
LAW

INTER-COUNTRY ADOPTION
Inter-country adoption refers to the sociolegal process of adopting a Filipino child by an
alien or a Filipino citizen permanently residing
abroad where the petition is filed, the
supervised trial custody is undertaken, and
the decree of adoption is issued outside the
Philippines.
Child means a person below fifteen (15)
years of age unless sooner emancipated by
law.
Legally free child means a child who has
been voluntarily or involuntarily committed to
the Department, in accordance with the Child
and Youth Welfare Code.

WHO MAY BE ADOPTEDOnly a legally free child

may be the subject of intercountry adoption.
Requisitesa- Child Study Report
b- Birth Certificate or foundling
certificate
c- deed of voluntary commitment
or decree of
abandonment or death
certificate of parents

WHO MAY ADOPT

Any alien or Filipino citizen permanently
residing abroad ifa- at least 27 years of age and at least 16
years older
than the child to be adopted, at the time
of application
except- 1. parent by nature of the child
to be adopted
2. spouse of such parent (of
child to be adopted)
- if married, his or her spouse must jointly file
for adoption
b- has the capacity to act and assume all
rights and

c- has not been convicted of a crime

involving moral turpitude
d- is eligible to adopt under his national
law
e- is in a position to provide the proper
care and support and to give the
necessary moral values and example to
all his children, including the child to be
adopted.

f- agrees to uphold the basic right of the

child as embodied under Philippine laws,
the UN Convention on the Rights of the
Child and to abide by the Rules and
regulations issued to implement the
provisions of this act.
g- comes from a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and
that adoption is allowed under his or her
national law.

WHERE TO FILE APPLICATIONAn application to adopt a Filipino child

shall be filed
a- Regional Trial Court having
jurisdiction over
the child, or
b- Inter-Country Adoption Board
thru: l. intermediate agency,
2. governmental or
accredited
agency in the
country of the
adopting parents

Documents to be submitted1. birth certificate

2. marriage contract
3. written consent of biological/adopted
children
above 10 years of age
4. physical. Medical and psychological
evaluation
by duly licensed physician or
psychologist
5. Income tax return or any document
showing the
financial capability of the applicants
6. police clearance of applicants
7. character reference from local
church/minister,
applicants employer and member of

TRIAL CUSTODYTrial custody shall be for a

period of six months from
time of placement.

SUPPORT

SUPPORT- everything
indispensable for :
1- sustenance
2- dwelling
3- medical attendance
4- education
5- transportation
in keeping with the financial
capacity of the family

- The education of the person

entitled to be supported shall
include his schooling or training
for some profession, trade or
vocation, even beyond the age
of majority.
- Transportation shall include
expenses in going to school or
to and from the place of work.

CHARACTERISTICS :
- Purely personal founded on
personal
necessity
- Cannot be attached or executedSURVIVAL
- Instransmissable and nonassignable
- Variable
- Reciprocal
- Demandable from time of needs
and even
beyond age of majority or even if

PERSON OBLIGED TO GIVE

SUPPORT :
1- Spouses
2- Leg. asc. And desc.
3- Parents and their leg. children,
and leg. and illeg. children of the
latter.
4- Parents and their illeg.
Children, and the leg. and illeg.
children of the latter.
5- Leg. brothers and sisters,
whether of full or
half blood.

SOURCES OF SUPPORT :
- SPOUSE- absolute or conjugal
property
- Common children- absolute or
conjugal property
- Children of spouse by another
marriage- same

Illegitimate children of either

spousea- if ABSOLUTE COMMUNITY
REGIME1- separate property
2- If insufficient- absolute
community
But deduct from share of
spouse upon liquidation
b- if CONJUGAL PARTNERSHIP1- separate property

Brothers or sisters- from

separate property of spouse
- If insufficient-from
absolute or conjugal
property if financially
capable.
But to be deducted upon
liquidation

SUPPORT DURING PROCEEDING

FOR LEGAL SEPARATION,
ANNULMENT OF MARRIAGE OR
DECLARATION OF NULLITY OF
MARRIAGE:

during pendency- from

absolute or conjugal
property

BUT IN LEGAL SEPARATIONthe court may order the

guilty spouse to give
support to innocent spouse,
specifying the terms thereof.

ORDER OF PREFERENCE ON
WHO WILL GIVE SUPPORT :
1- Spouse
2- Descendants, nearest in
degree
3- Ascendants, nearest in
degree
4- Brothers or sisters

In Patricio vs Dario III, 507

SCRA 438, it was held that
grandchildren cannot demand
support directly from their
grandparents, if they have
parents (ascendants of nearest
degree) who are capable of
supporting them. This is so
because we have to follow the
order of support under Art. 199
FC

RULES- If support falls on two persons or

more, both shall give support in
proportion to resources of each
- In cause of urgent need, the court may
order one to give support provisionally,
subject to claim for reimbursement from
the other.
- If several beneficiaries, against only
one giver, and resources not sufficientorder of payment shall be as follows :
1. spouse
2. descendants, nearest degree
3. ascendants, nearest in degree

But in case of
concurrence between
spouse and child- child
shall be preferred to be
supported.

SPECIAL RULES ON
SUPPORT :
amount of support
dependent on :
1- means of giver
3- necessities of
recipient

- support demandable from

needs, but payable from
judicial or extra-judicial
demands
- support pendent lite claimed
in accordance with the rules of
court
- payment of support shall be
made within five days from
each corresponding month. No

support can be made by :

(option of giver)
- paying the allowance fixed
- receiving and maintaining
in the family dwelling the
recipient
except- when there is moral
or legal obstacle thereto.

Right to receive support

- money or property given as
support not subject to levy
or attachment or execution
except
1. support in arrears
2. contractual support in
excess of legal
support
3. support given by will in
excess of

NOTE : Contractual
support can be subject to
adjustment whenever
modification is necessary
due to changes in the
circumstances manifestly
beyond the
contemplation of the
parties

Support can be given by

strangers
- When giver has knowledge, the
stranger can claim from giver,
unless the stranger has no
intention to be reimbursed
- When giver unjustly refuses or
fails to give support when
urgently needed by the latter,
stranger may give, with right of
reimbursement. This applies

PARENTAL
AUTHORITY

PARENTAL AUTHORITYConcept- mass of rights and

obligations which parents have
in relation to the person and
property of their children until
their emancipation, and even
beyond under certain
circumstances.

PURPOSE
1. sound physical
development of
children
2. cultivation of their
intellectual
perceptions
3. nourishment of their
appetitive
and sensitive

LAW ON PARENTAL
AUTHORITYBefore august 3 1988, PD
603 and civil code
After august 3, 1988 , family
code expressly repealing
Title XI of the civil code on
parental authority and Arts.

CHARACTERISTICS OF
PARENTAL AUTHORITY
- A natural right and duty of
parents(209)
- Can not be renounced,
transferred or
waived except in cases
authorized by law, (210), as in
the case of:
1. adoption
2. guardianship

- Jointly exercised (211)

in case of disagreement,
fathers decision prevails unless
there is judicial order to the
contrary.
- Purely personal and cannot be
exercised
thru agents
- Temporary, ends when child
emancipated,
can take care of himself & his
property or

PARENTAL AUTHORITY
CONSISTS OF: (209)
caring and rearing of such
children for civic
consciousness and
efficiency,
development of their moral,
mental, and physical
character and well-being,
parental responsibility

IN CASE OF DEATH OR
ABSENCE OF EITHER
PARENT- parental
authority shall be
exercised by :
parent present (122)

IN CASE OF REMARRIAGE
OF SURVIVING PARENTparental authority shall
be exercised by :
surviving parent, unless
court appoints a
guardian (212)

IN CASE OF SEPARATION OF PARENTS,

(213) parental authority shall be
exercised by :
parent designated by court, but
:
court shall take into account all relevant
considerations, specially the choice of
child over 7 years of age, unless parent
chosen is unfit;
no child under 7 years of age shall be
separated from the mother, unless court
finds compelling reason to order
otherwise, such as insanity,

In the case of PabloGualberto vs Gualberto, 461

SCRA 450, and Gamboa-Hirsch
vs CA, 527 SCRA 380, the Court
referred to the second
paragraph of Article 213 of the
FC, giving the mother
preference in awarding
custody of the child under the
age of seven as the tender
age presumption.

The Court further held that

the mere fact that the mother
is a lesbian is not a compelling
reason to deprive her of
custody without showing that
she carried on her purported
relationship with a person of
the same sex in the presence
of the child or under
circumstances not conducive to
the childs proper moral
development.

The so-called tender age

presumption under Art. 213 of
the FC may be overcome only
by compelling evidence of the
mothers unfitness. The
mother is declared unsuitable
to have custody of her children
in one or more of the following
instances: neglect,
abandonment, unemployment,
immorality, habitual
drunkenness, drug addiction,

IN CASE OF DEATH,
ABSENCE OR UNSUITABILITY
OF BOTH PARENTSsubstitute parental
authority shall be exercised
by surviving grandparent
if several survive, one
designated by court (214)

FILIAL PRIVILEGEDescendant can not be

compelled to testify, in a
criminal case, against his
parents and grandparents ,
except- indispensable in a
crime against the
descendants OR crime by
one parent against the
other

SUBSTITUTE AND SPECIAL

PARENTAL AUTHORITY shall be
exercised by : (in default of
parents or court appointed
guardian )
1. surviving grandparent
2. oldest brother or sister, over
21 years of
age, unless disqualified
3. childs actual custodian,
over 21 of age,

IN CASE OF FOUNDLINGS ,
ABANDONED, NEGLECTED OR
ABUSE CHILDREN (217)
Substitute parental authority
shall be entrusted to
- heads of childrens homes,
orphanages and similar
institution duly accredited by
proper govt agency

SPECIAL PARENTAL AUTHORITY

SHALL BE EXERCISED BY- the School, its administrator and
teachers
- Individual, entity or institution
engage in
child care while under their
supervision
instruction or custody
It shall apply to all authorized
activities whether inside or
outside the premises of the school

The school administrator,

teacher or individual
engaged in child care and
exercising parental authority
shall in no case inflict
corporal punishment upon
the child.

DISTINCTION BETWEEN
SUBSTITUTE AND SPECIAL
PARENTAL AUTHORITY
Substitute parental authority is
exercised in the case of death, absence
or unsuitability of parents.
Substitute parental authority is not
exercised concurrently with the exercise
by parent of parental authority.
Special authority is exercised concurrent
with parental authority of parents.

LIABILITY OF PERSONS GIVEN

SUBSTITUTE OR SPECIAL
PARENTAL AUTHORITYShall be principally and
solidarily liable for damage
caused by acts or omissions of
the minor under their custody.
The parents, guardian or
person exercising substitute
parental authority shall be

RIGHTS OF PARENTS OR
PERSON EXERCISING
PARENTAL AUTHORITY- (220)
- to keep them in their
company
- to support
- to educate
- to instruct them by right
precept
and good example

- to provide for their upbringing in

keeping with
their means.
- to give them love and affection
- to give them advice and counsel
- to give them companionship and
understanding
- to provide them with moral and
spiritual
guidance
- to inculcate in them honesty,

- To inspire in them compliance

with
duties of citizenship
- to enhance, protect, preserve
and
maintain their physical and
mental
health at all times .
- to furnish them with good
and
wholesome educational
materials

- To supervise their activities,

reaction and
association with others
- To protect them from bad
companies
- To prevent them from
acquiring habits
detrimental to their health,
studies and
morals.
- to represent them in all
matters affecting

- to demand from them respect

and
obedience
- to impose discipline on them
as may be
required under the
circumstances
- to perform such other duties
as are
imposed by law upon parents

ART 204 of PD 603

penalizing parents or
guardians who aid, or
connive in the
commission by the child
of delinquency or do acts
promoting or
contributing to a child
becoming juvenile
deliquent.

LIABILITY FOR TORTS- (221)

Parents and persons exercising
parental authority shall be
civilly liable for the injuries
and damages caused by the
acts or omissions of their
unemancipated children,
LIVING in their company and
UNDER their parental
AUTHORITY , subject to
defenses of due diligence.

The liability is solidary.

(Araneta vs. Arreglado
104 Phil 529 ) and
primary and direct, not
subsidiary. (Barredo vs.
Soriano, 73 Phil 607)

MEASURES TO ASSIST PARENTS IN

IMPOSING DISCIPLINE TO CHILD223- petition court where child resides
for an order providing for disciplinary
measure over the child
= child shall be entitled to assistance of
counsel, of his own choice or appointed
by the court
= summary hearing shall be conducted
wherein petitioner and child shall be
heard
= if court finds petitioner at fault, even
if petition is meritorious, the court may
also order deprivation or suspension of
parental authority ; or adopts such
measure as may be reasonable,

224- the measure may include

commitment of the child for not
more than 30 days in entities or
institution engaged in child care
or childrens home duly accredited
by proper govt agency
- parent shall not interfere with
the care of the child whenever
committed, but shall provide for
his support.
- Upon proper petition or motu

PARENTAL AUTHORITY OVER

PROPERTY OF CHILDREN (225)
Father and mother shall jointly
exercise legal guardianship over the
property of their unemancipated
common children without necessity
of court appointment.
if the market value of the property or
annual income of the child exceeds
P50,000.00,the parent concern shall
furnish a bond in an amount the
court may determine, but not less

Verified petition for

approval of the bond shall
be filed in proper court
where child resides, or if
child resides in foreign
country, court of the place
where the property is
situated.

PROPERTY OF THE CHILD

INCLUDES (226)
1- childs earnings through his
labor, work
or industry
2. property acquired by child
by
gratuitous title
3. property acquired by child
by onerous

- It shall be devoted
exclusively for his support and
education, unless the title or
transfer provides otherwise.
- And secondarily, for the
collective needs of the family.
parental usufruct over the
properties of their
unemancipated children had

UNEMANCIPATED CHILD
ENTRUSTED WITH MANAGEMENT
OF PARENTS PROPERTY 227
- net proceeds of properties shall
belong to the
parent/s owner.
- Child shall be given reasonable
monthly
allowance in an amount not less
than which
shall be given to strangers who
manages the

TERMINATION OF PARENTAL
AUTHORITY (228)
- upon death of parents
- upon death of child
- upon emancipation of the
child
termination is permanent
and can no be revived

OTHER GROUNDS FOR

TERMINATION OF PARENTAL
AUTHORITY (229)
- upon adoption of the child
- upon appointment of a general
guardian
- upon judicial declaration of
abandonment of
the child in a case filled for the
purpose
- upon final judgment of a

- PARENTAL AUTHORITY may be

revived by final judgment by :
- rescission of the adoption
- termination of the guardianship
- restoration of parental authority
to parent
who has returned home after
abandoning
child, or who has been divested
of authority
for any other reason
- restoration of parental authority
to an absent

AUTOMATIC SUSPENSION OF
PARENTAL AUTHORITY (230)
- conviction of parent for crime
which carried the penalty of
civil interdiction
- authority is automatically
restored
upon service of the penalty or
upon

SUSPENSION OF PARENTAL
AUTHORITY THRU COURT ACTION
(231) Grounds- treats the child with excessive
harshness or
cruelty
- gives the child corrupting
orders, counsel or
example
- compels the child to beg
- subject child or allows him to be

PERMANENT DEPRIVATION OF
PARENTAL AUTHORITY (232)
parent subjected the child or
allowed him/her to be
subjected to sexual abuse
deprivation is permanent and
can not be restored

NO CORPORAL PUNISHMENT BY
THOSE EXERCISING SUBSTITUTE
AUTHORITY (233)
- person exercising substitute
parental authority have the same
authority over the child as the
parents
- can impose discipline on the
child as required under the
circumstances, which includes
moderate punishment, but not

EMANCIPATION AND AGE OF

MAJORITY- (234-237 FAMILY CODE)
(REP. ACT NO. 6809)
Section 1 . Article 234, executive
Order NO. 209 of the Family Code
of the Philippines, is hereby
amended to read as follows :
Art. 234. Emancipation takes
place by the attainment of
majority. Unless otherwise
provided, majority commences at
the age of 18 years.

Section 2. Articles 235 and 237

of the same code are hereby
repealed
Section 3. Article 236 of the
same code is also hereby
amended to read as follows :
Art. 236. Emancipation shall
terminate parental authority
over the person and property
of the child who shall then be
qualified and responsible for

Contracting marriage shall

require parental consent until
the age of 21
Nothing in this code shall be
construed to derogate from the
duty or responsibility of
parents and guardians for
children and wards below 21
years of age mentioned in the
second and third paragraphs of
Article 2180 of the new civil

BY reason of section 3 of RA
6809, the decision in Elcano vs.
Hill, 77 SCRA 89 wherein the
father of a married minor was
held still liable for damages
resulting from the childs
having killed someone, which
has been abrogated by the
former Article 236 of the family
code, would still now be
applicable under the said
amendment to Article 236.

Change of First Name:

Administrative change of name or
nickname is allowed on the
following grounds:
1. petitioner finds the first name
or nickname to be ridiculous,
tainted with dishonor or extremely
difficult to write or pronounce;
2. the new first name or nickname
has been habitually and
continuously used by the
petitioner and he has been
publicly known by that first name
or nickname in the community;

Before a person can legally

change his given name, he
must present proper or
reasonable cause or any
compelling reason justifying
such change. (Wang vs Cebu
City Civil
Registrar, 454 SCRA 155)

In Silverio vs Republic, the

SC held that a persons first
name