TITLE 1 MARRIAGE   Each contracting parties must be of different sex

Chapter 1 REQUISITES OF MARRIAGE  Free consent connotes that the contracting parties willingly
and deliberately entered into the marriage

1. Marriage
3. The formal requisites of marriage are:
a. A special contract of permanent union
A. Authority of the solemnizing officer
b. Between a man and a woman
B. A valid marriage license except in the cases provided for in Chapter
c. Entered into in accordance with the law
2 of this Title
d. For the establishment of conjugal and family life
C. A marriage ceremony—takes place with the appearance of the
 contracting parties before the solemnizing officer and their
It is the foundation of the family and an inviolable social institution
whose nature, consequences and incidents are governed by law and personal declaration that they take each other as husband and wife
not subject to stipulation except that marriage settlements may fix in the presence of not less than 2 witnesses of legal age
the property relation during the marriage within the limits provided  It is not the presence or absence of the solemnizing officer
by this code
which constitutes the formal requirement but it is the absence
 Upon marriage, the husband and the wife become one single or presence of the authority of such solemnizing officer
moral, spiritual and social being, not only for the purpose of o Under the Local Government Code, the mayor of a city or
procreation but also for the purpose of mutual help and municipality is empowered to solemnize a marriage
 protection physically, morally and materially  A valid marriage license must be
 The marital relation, unlike ordinary contractual relations, is a. Issued by the local civil registrar of the place where the
 regarded by the laws as the basis of the social organization marriage application was filed
 The preservation of that relation is deemed essential to public welfare b. Once issued, it has only a lifetime of 120 days from date of issue and
 Marriage as a special contract cannot be restricted by is effective in any part of the Philippines
 discriminatory policies of private individuals or corporations oThere is automatic cancellation after the lapse of 120 days
 Marriage is one of the cases of double status, in that the c. Date of issue is the date of the signing of the marriage
 status therein involves and affects 2 persons license by the local civil registrar
 The right to marry is a recognized fundamental human right  The Family Code does not generally prescribe any particular
 under international law  form of a marriage ceremony
 While a lawful marriage seeks to create a permanent union o The minimum requirement of the law is found on (C)
between man and woman, it does not shed the spouses’  The absence of 2 witnesses of legal age in a marriage ceremony
integrity or their privacy as individuals is merely an irregularity in the said formal requirement which,
 according to Art. 4, shall not affect the validity of the marriage
2. No marriage shall be valid, unless these essential requisites are but the party or parties responsible for the irregularity shall be
present:  civilly, criminally, and administratively liable
 Common-law marriages are not recognized in the Philippines
A. Legal capacity of the contracting parties who must be a male and a
o Common-law marriage—a non-ceremonial or informal marriage
female
by agreement, entered into by a man and a woman having
B. Consent freely given in the presence of the solemnizing officer capacity to marry, ordinarily without compliance with such
 The marrying age is 18 years old and above statutory formalities as those pertaining to marriage licenses
o This age is likewise the age of majority
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4. Absence of any of the essential formal requisites shall render the  If a marriage is solemnized by a judge beyond his jurisdiction,
marriage void ab initio, except as stated in Art. 35(2). there is absence of a formal requisite, namely, the authority of
the solemnizing officer; hence, the marriage in void unless
A defect in any of the essential requisites shall not affect the validity either of the parties believed in good faith that such
of the marriage but the party or parties responsible for the
 solemnizing officer has authority to conduct such marriage
irregularity shall be civilly, criminally and administratively liable. B. Any priest, rabbi, imam, or minister of any church or religious sect
 The practice of a judge of requiring the parties to sign the 1. Duly authorized by his church or religious sect
marriage contract first before solemnization of the marriage is 2. Registered with the civil registrar general
highly improper and irregular, if not illegal, however, it does
3. Acting within the limits of the written authority granted by his
not invalidate the marriage because a marriage contract is church or religious sect
 not a formal requirement of valid marriage
4. Provided that at least one of the contracting parties belongs to the
 Mere breach of a promise to marry is not an actionable wrong
solemnizing officer's church or religious sect
o But, actual damages may be awarded for the expenses
incurred relative to the preparation for the wedding  Priest—one especially consecrated to the service of a divinity and
considered as the medium through who worship, prayer, sacrifice,
or other service is to be offered to the one being worshipped, and
5. Any male or female of the age of eighteen years or upwards not
 pardon, blessing, and deliverance, obtained by the worshipper
under any of the impediments mentioned in Articles 37 and 38, may
contract marriage. C. Any ship captain or airplane chief only in the case mentioned in Art.
31
 For a ship captain or airplane chief to be able to validly
6. No prescribed form or religious rite for the solemnization of the
marriage is required. It shall be necessary, however, for the  solemnize a marriage, the following requisites must concur:
a. Marriage must be in articulo mortis (at least one of the
contracting parties to appear personally before the solemnizing parties is at the point of death)
officer and declare in the presence of not less than two witnesses of b. Marriage must be between passengers or crew members
legal age that they take each other as husband and wife. This c. Generally, the ship must be at sea or the plane must be in flight
declaration shall be contained in the marriage certificate which shall
  Such marriages can be solemnized during stopovers at ports of call
be signed by the contracting parties and their witnesses and attested D. Any military commander of a unit to which a chaplain is assigned, in
by the solemnizing officer. the absence of the latter, during a military operation, likewise only
in the cases mentioned in Art. 32;
In case of a marriage in articulo mortis, when the party at the point
of death is unable to sign the marriage certificate, it shall be  Requisites:
sufficient for one of the witnesses to the marriage to write the name a. He or she must be a military commander of a unit
of said party, which fact shall be attested by the solemnizing officer. b. He or she must be a commissioned officer—rank must start
from 2nd lieutenant
c. A chaplain must be assigned to such unit
7. Marriage may be solemnized by: d. Said chaplain must be absent at the time of marriage
A. Any incumbent member of the judiciary within the court's e. Marriage must be one in articulo mortis
jurisdiction f. Contracting parties, whether members of the armed forces
 The jurisdiction of Court of Tax Appeals, Sandiganbayan, CA or civilians, must be within the zone of military operation
and SC is national in scope  ―unit‖—refers to a battalion

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  ―within the zone of military operation‖—implies a widespread military B. Place of birth;
activity over an area and does not refer to a simulated exercise C. Age and date of birth;
E. Any consul-general, consul or vice-consul in the case provided in D. Civil status;
Art. 10 E. If previously married, how, when and where the previous marriage
 They can solemnize marriage abroad only when the was dissolved or annulled;
contracting parties are both Filipino citizens F. Present residence and citizenship;
 G. Degree of relationship of the contracting parties;
8. The marriage shall be solemnized publicly in the chambers of the H. Full name, residence and citizenship of the father;
judge or in open court, in the church, chapel or temple, or in the I. Full name, residence and citizenship of the mother; and
office the consul-general, consul or vice-consul, as the case may be, J. Full name, residence and citizenship of the guardian or person
and not elsewhere, except in cases of marriages contracted on the having charge, in case the contracting party has neither father nor
point of death or in remote places in accordance with Article 29 of mother and is under the age of twenty-one years.
this Code, or where both of the parties request the solemnizing
officer in writing in which case the marriage may be solemnized at a The applicants, their parents or guardians shall not be required to exhibit
house or place designated by them in a sworn statement to that their residence certificates in any formality in connection with the
effect. securing of the marriage license.
 Purpose of documentary requirements is to serve as proofs
  This article is directory in nature for the existence of marriage
 Its non-observance will not invalidate a marriage


9. A marriage license shall be issued by the local civil registrar of the 12. The local civil registrar, upon receiving such application, shall require
city or municipality where either contracting party habitually resides, the presentation of the original birth certificates or, in default
except in marriages where no license is required in accordance with thereof, the baptismal certificates of the contracting parties or
Chapter 2 of this Title. copies of such documents duly attested by the persons having
custody of the originals. These certificates or certified copies of the
 Non-compliance is merely an irregularity which will not render
the marriage null and void documents by this Article need not be sworn to and shall be exempt
from the documentary stamp tax. The signature and official title of

the person issuing the certificate shall be sufficient proof of its
10. Marriages between Filipino citizens abroad may be solemnized by a
authenticity.
consul-general, consul or vice-consul of the Republic of the
Philippines. The issuance of the marriage license and the duties of If either of the contracting parties is unable to produce his birth or
the local civil registrar and of the solemnizing officer with regard to baptismal certificate or a certified copy of either because of the
the celebration of marriage shall be performed by said consular destruction or loss of the original or if it is shown by an affidavit of
official. such party or of any other person that such birth or baptismal
certificate has not yet been received though the same has been
11. Where a marriage license is required, each of the contracting parties required of the person having custody thereof at least fifteen days
shall file separately a sworn application for such license with the prior to the date of the application, such party may furnish in lieu
proper local civil registrar which shall specify the following: thereof his current residence certificate or an instrument drawn up
A. Full name of the contracting party; and sworn to before the local civil registrar concerned or any public

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 official authorized to administer oaths. Such instrument shall contain both applications for marriage license, and the affidavit, if one is
the sworn declaration of two witnesses of lawful age, setting forth executed instead, shall be attached to said applications.
the full name, residence and citizenship of such contracting party   There is no more emancipation by marriage under the Family Code
and of his or her parents, if known, and the place and date of birth of  The contracting parties between 18 years old and above but below
such party. The nearest of kin of the contracting parties shall be 21 years old of age must obtain the consent of the parents
preferred as witnesses, or, in their default, persons of good o Non-compliance will make the marriage annullable
reputation in the province or the locality.  Preference is given to the father to give consent
o If he cannot, the mother, surviving parent or guardian or
The presentation of birth or baptismal certificate shall not be persons having legal charge of them in the order mentioned
required if the parents of the contracting parties appear personally shall give the consent
before the local civil registrar concerned and swear to the
correctness of the lawful age of said parties, as stated in the 15. Any contracting party between the age of twenty-one and twenty-
application, or when the local civil registrar shall, by merely looking five shall be obliged to ask their parents or guardian for advice upon
at the applicants upon their personally appearing before him, be the intended marriage. If they do not obtain such advice, or if it be
convinced that either or both of them have the required age. unfavorable, the marriage license shall not be issued till after three
months following the completion of the publication of the
13. In case either of the contracting parties has been previously married, application therefor. A sworn statement by the contracting parties to
the applicant shall be required to furnish, instead of the birth or the effect that such advice has been sought, together with the
baptismal certificate required in the last preceding article, the death written advice given, if any, shall be attached to the application for
certificate of the deceased spouse or the judicial decree of the marriage license. Should the parents or guardian refuse to give any
absolute divorce, or the judicial decree of annulment or declaration advice, this fact shall be stated in the sworn statement.
of nullity of his or her previous marriage.

In case the death certificate cannot be secured, the party shall make 16. In the cases where parental consent or parental advice is needed,
an affidavit setting forth this circumstance and his or her actual civil the party or parties concerned shall, in addition to the requirements
status and the name and date of death of the deceased spouse. of the preceding articles, attach a certificate issued by a priest, imam
or minister authorized to solemnize marriage under Article 7 of this
Code or a marriage counselor duly accredited by the proper
14. In case either or both of the contracting parties, not having been
government agency to the effect that the contracting parties have
emancipated by a previous marriage, are between the ages of
undergone marriage counseling. Failure to attach said certificates of
eighteen and twenty-one, they shall, in addition to the requirements
marriage counseling shall suspend the issuance of the marriage
of the preceding articles, exhibit to the local civil registrar, the
license for a period of three months from the completion of the
consent to their marriage of their father, mother, surviving parent or
publication of the application. Issuance of the marriage license
guardian, or persons having legal charge of them, in the order
within the prohibited period shall subject the issuing officer to
mentioned. Such consent shall be manifested in writing by the
administrative sanctions but shall not affect the validity of the
interested party, who personally appears before the proper local civil
marriage.
registrar, or in the form of an affidavit made in the presence of two
witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in

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 Should only one of the contracting parties need parental consent or 19. The local civil registrar shall
parental advice, the other party must be present at the counseling 
 issuance of the marriage license
Require the payment of the fees prescribed by law or regulations before the
referred to in the preceding paragraph.
 Absence of parental advice for contracting parties between 
 the issuance of said license
No other sum shall be collected in the nature of a fee or tax of any kind for
 the age of 21 and 25 does not affect the marriage
 It does not even make the marriage annullable 
 It shall, however, be issued free of charge to indigent parties, that
17. The local civil registrar shall is those who have no visible means of income or whose income is
a. Prepare a notice which shall contain the full names and residences
insufficient for their subsistence a fact established  by their
 affidavit, or by their oath before the local civil registrar.
of the applicants for a marriage license and other data given in the
applications. 20. The license shall be
b. Notice shall be posted for 10 consecutive days on a bulletin board 
 
Valid in any part of the Philippines
outside the office of the local civil registrar located in a  For a period of 120 days from the date of issue

conspicuous place within the building and accessible to the general 
 the contracting parties have not made use of it
public. Shall be deemed automatically canceled at the expiration of the said period if
c. This notice shall request all persons having knowledge of any 
impediment to the marriage to advise the local civil registrar The expiry dateshall be stamped in bold characters on the face of every
license issued.
thereof.
d. The marriage license shall be issued after the completion of the
21. When either or both of the contracting parties are citizens of a
period of publication.
foreign country, it shall be necessary for them before a marriage
license can be obtained, to submit a certificate of legal capacity to
18. In case of any impediment known to the local civil registrar or contract marriage, issued by their respective diplomatic or consular
brought to his attention
officials.

 application for marriage license
He shall note down the particulars thereof and his findings thereon in the
Stateless persons or refugees from other countries shall, in lieu of
 the certificate of legal capacity herein required, submit an affidavit
 publication
But shall nonetheless issue said license after the completion of the period of
stating the circumstances showing such capacity to contract
 marriage.
 of any interest party
Unless ordered otherwise by a competent court at his own instance or that
 A certificate of legal capacity is necessary because the
 Philippines adheres to the national law of the contracting
 nor a corresponding bond
No filing fee shall be charged for the petition parties with respect to their legal capacity to contract marriage
required for the issuances of the order
 Only court intervention directing the non-issuance of the
marriage license can empower the local civil registrar to validly 22. The marriage certificate, in which the parties shall declare that they
refuse to issue said license take each other as husband and wife, shall also state:
 A. The full name, sex and age of each contracting party;
 If, despite an injunction order from court, the local civil registrar
nevertheless issues a marriage license and a marriage is solemnized B. Their citizenship, religion and habitual residence;
on the basis of such marriage license, the marriage will still be valid C. The date and precise time of the celebration of the marriage;

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 D. That the proper marriage license has been issued according to law, 24. It shall be the duty of the local civil registrar to prepare the
except in marriage provided for in Chapter 2 of this Title; documents required by this Title, and to administer oaths to all
E. That either or both of the contracting parties have secured the interested parties without any charge in both cases. The documents
parental consent in appropriate cases; and affidavits filed in connection with applications for marriage
F. That either or both of the contracting parties have complied with licenses shall be exempt from documentary stamp tax.
the legal requirement regarding parental advice in appropriate  Any certification issued by the local civil registrar in connection with
cases; and any matter involving the marriage of any particular individual within
G. That the parties have entered into marriage settlement, if any, his or her jurisdiction is given high probative value
attaching a copy thereof. 
25. The local civil registrar concerned shall enter all applications for
23. It shall be the duty of the person solemnizing the marriage to furnish marriage licenses filed with him in a registry book strictly in the order
either of the contracting parties the original of the marriage in which the same are received. He shall record in said book the
certificate referred to in Article 6 and to send the duplicate and names of the applicants, the date on which the marriage license was
triplicate copies of the certificate not later than fifteen days after the issued, and such other data as may be necessary.
marriage, to the local civil registrar of the place where the marriage
was solemnized. Proper receipts shall be issued by the local civil 26. All marriages solemnized outside the Philippines, in accordance with
registrar to the solemnizing officer transmitting copies of the the laws in force in the country where they were solemnized, and
marriage certificate. The solemnizing officer shall retain in his file the valid there as such, shall also be valid in this country, except those
quadruplicate copy of the marriage certificate, the copy of the prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
marriage certificate, the original of the marriage license and, in
proper cases, the affidavit of the contracting party regarding the Where a marriage between a Filipino citizen and a foreigner is validly
solemnization of the marriage in place other than those mentioned celebrated and a divorce is thereafter validly obtained abroad by the
in Art. 8. alien spouse capacitating him or her to remarry, the Filipino spouse
 The primary or best evidence of a marriage is the marriage shall have capacity to remarry under Philippine law.
 contract or the marriage certificate  Common-law marriages obtained abroad by Filipinos are not
 Failure to present a marriage certificate is not fatal in a case  valid here
where a marriage is in dispute, as the parties can still rely on  Same sex marriage of Filipinos abroad is invalid here in the Philippines
 the presumption of marriage
 A marriage may be proved by parol evidence Chapter 2 MARRIAGES EXEMPTED FROM LICENSE REQUIREMENT
 With respect to a marriage ceremony, testimony of an eye witness
to be sufficient should disclose not only the performance of the 27. In case either or both of the contracting parties are at the point of
ceremony by someone, but that all the circumstances attending it death, the marriage may be solemnized without necessity of a
marriage license and shall remain valid even if the ailing party
 were such as to constitute it a legal marriage
 Legal status of a person to marry, his or her rights and duties subsequently survives.
are governed by law on contract and therefore can be a subject   Exemption from marriage license
of a petition for declaratory relief  Reason: anchored on necessity and practicality such as in
the case of marriages in articulo mortis

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28. If the residence of either party is so located that there is no means of 33. Marriages among Muslims or among members of the ethnic cultural
transportation to enable such party to appear personally before the communities may be performed validly without the necessity of
local civil registrar, the marriage may be solemnized without marriage license, provided they are solemnized in accordance with
necessity of a marriage license. their customs, rites or practices.
  A sacred institution like marriage should always be encouraged
 Without this provision, illicit relationships may proliferate 34. No license shall be necessary for the marriage of a man and a woman
 who have lived together as husband and wife for at least five years
29. In the cases provided for in the two preceding articles, the and without any legal impediment to marry each other. The
solemnizing officer shall state in an affidavit executed before the contracting parties shall state the foregoing facts in an affidavit
local civil registrar or any other person legally authorized to before any person authorized by law to administer oaths. The
administer oaths that the marriage was performed inarticulo mortis solemnizing officer shall also state under oath that he ascertained
or that the residence of either party, specifying the barrio or the qualifications of the contracting parties are found no legal
barangay, is so located that there is no means of transportation to impediment to the marriage.
enable such party to appear personally before the local civil registrar  2 essential requirements to be exempt:
and that the officer took the necessary steps to ascertain the ages a. They must live as husband and wife for at least 5 years
and relationship of the contracting parties and the absence of legal characterized by exclusivity and continuity that is unbroken
impediment to the marriage. b. They must be without legal impediment to marry each other
 The marriage will remain valid even if the ailing part o The legal impediment must be construed to refer only to
subsequently survives the time of the actual marriage celebration

Chapter 3 VOID AND VOIDABLE MARRIAGES
30. The original of the affidavit required in the last preceding article,
together with the legible copy of the marriage contract, shall be sent Void ab initio Voidable or Annullable
by the person solemnizing the marriage to the local civil registrar of Considered as having never to have Valid until otherwise declared by the
the municipality where it was performed within the period of thirty taken place and cannot be the source court
days after the performance of the marriage. of rights
Can be attacked collaterally Cannot be assailed collaterally
31. A marriage in articulo mortis between passengers or crew members Can be questioned even after death Can be assailed only during the
may also be solemnized by a ship captain or by an airplane pilot not of either party lifetime of the parties and not after
only while the ship is at sea or the plane is in flight, but also during death of either
stopovers at ports of call. Any proper party may attack Only parties can assail
Can never be ratified or cured
32. A military commander of a unit, who is a commissioned officer, shall 35. The following marriages shall be void from the beginning:
likewise have authority to solemnize marriages in articulo mortis A. Those contracted by any party below eighteen years of age even
between persons within the zone of military operation, whether with the consent of parents or guardians
members of the armed forces or civilians. B. Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or

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 both parties believing in good faith that the solemnizing officer had  ―putative marriage‖—a matrimonial union which has been solemnized
the legal authority to do so in due form and good faith on the part of one or of both of the parties but
C. Those solemnized without license, except those covered the  which by reason of some legal infirmity is either void or voidable
preceding Chapter  ―good faith‖—an honest and reasonable belief that the
D. Those bigamous or polygamous marriages not failing under Art. 41 marriage was valid at its inception, and that no legal
E. Those contracted through mistake of one contracting party as to  impediment exists to impair its validity
the identity of the other  ―mistake in identity‖—an instance of fraud which makes the
F. Those subsequent marriages that are void under Article 53 marriage void which covers only those situations in which there has
 A void marriage is not valid from its inception been a mistake as to the actual physical identity of the other party
 Stepbrothers and stepsisters can validly marry each other
 GR: Good faith and bad faith is immaterial in determining 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
 whether or not a marriage is null and void
 Exceptions: essential marital obligations of marriage, shall likewise be void even
1. In believing that a solemnizing officer has authority to if such incapacity becomes manifest only after its solemnization.
solemnize the marriage  The determination is left solely with the court on a case-to-case basis
2. A person whose spouse disappears for 4 years or 2 years, in the  Psychological incapacity must relate to the compliance with the essential
proper cases, the present spouse may validly marry again if he or she marital obligations
a. Has a well-founded belief that his or her spouse is dead o Lack of understanding of the essential obligations of marriage
b. Procures a judicial declaration of presumptive death o A mental disposition that causes a party to be truly incognitive of the
c. At the time of the subsequent marriage ceremony, is in basic marital covenants that concomitantly must be assumed and
good faith together with the subsequent spouse discharged by the parties to the marriage which include their mutual
obligations to live together, observe love, respect and fidelity and
 Good faith and bad faith are material in determining the
render help and support
 disposition of properties o Psychological incapacity must be characterized by:
 Direct attack—filing a case precisely putting forth as principal a. Gravity
issue the nullity of the marriage
b. Juridical antecedence
o Under this, only the husband and the wife can file an action
c. incurability
 3 cases where direct attack, not collateral attach, on the nullity of
o Psychological impotence = selective impotency – a person may
marriage must first be undertaken: be psychologically impotent with one but not with another
1. For purposes of remarriage on the basis solely of a final o The incapacity consists of the following
judgment declaring such marriage void d. A true inability to commit oneself to the essentials of marriage
2. For other purposes, such as but not limited to determination e. This inability must refer to the essential obligations of marriage
of heirship, legitimacy or illegitimacy of the child, settlement of f. The inability must be tantamount to a psychological abnormality
estate, dissolution of property regime, or a criminal case  Insanity v. psychological incapacity
where a final declaration of nullity is necessary
Insanity Psychological incapacity
3. If a donor desires to revoke a donation propter nuptias, it is
Ground for voidable marriage Ground for void ab initio marriage
important that a judicial declaration of nullity of the marriage
must first be obtained Curable and there are lucid intervals Incurable
Vices of consent Not a species of vices of consent

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

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

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  Free cohabitation will not ratify the annullable marriage C. For causes mentioned in number 3 of Article 45, by the injured
under this ground party, within five years after the discovery of the fraud;
 D. For causes mentioned in number 4 of Article 45, by the injured
46. Any of the following circumstances shall constitute fraud referred to party, within five years from the time the force, intimidation or
in Number 3 of the preceding Article: undue influence disappeared or ceased;
A. Non-disclosure of a previous conviction by final judgment of the E. For causes mentioned in number 5 and 6 of Article 45, by the
other party of a crime involving moral turpitude injured party, within five years after the marriage.
 Generally, the crimes punishable under the RPC are crimes  Jurisdiction depends upon the nationality or domicile of the
 involving moral turpitude  parties and not the place of the celebration of marriage
B. Concealment by the wife of the fact that at the time of the  Prescriptive period—time within which a case can be filed in court
marriage, she was pregnant by a man other than her husband Ground Party to File the Suit Prescription Period
  Concealment must have been done in bad faith No parental Parent or guardian having Anytime before ―no-
 If a woman misrepresented to her fiancé that she was pregnant Consent legal charge of ―no-consent‖ consent‖ party reaches the
for the purpose of inducing him to marry her when in fact she was party age of 21
not pregnant, such fiancé cannot annul the marriage considering ―No consent‖ party Within 5 years after
 that there was in fact no pregnancy concealed attaining 21
C. Concealment of sexually transmissible disease, regardless of its Insanity Sane spouse without Any time before death of
nature, existing at the time of the marriage; or knowledge of insanity either party
D. Concealment of drug addiction, habitual alcoholism or Relative, guardian or person Any time before death of
homosexuality or lesbianism existing at the time of the marriage. having legal charge of insane either party
Insane spouse During lucid interval or
No other misrepresentation or deceit as to character, health, rank, after regaining sanity
fortune or chastity shall constitute such fraud as will give grounds for Fraud Injured party Within 5 years after
action for the annulment of marriage. discovery of fraud
 The enumeration is exclusive Vitiated Injured party Within 5 years from time
consent force, intimidation, or
47. The action for annulment of marriage must be filed by the following undue influence
persons and within the periods indicated herein: disappeared or ceased
Incapability to Injured party Within 5 years after
A. For causes mentioned in number 1 of Article 45 by the party whose consummate / marriage ceremony
parent or guardian did not give his or her consent, within five years STD
after attaining the age of twenty-one, or by the parent or guardian
or person having legal charge of the minor, at any time before such
party has reached the age of twenty-one; 48. In all cases of annulment or declaration of absolute nullity of
marriage, the Court shall order the prosecuting attorney or fiscal
B. For causes mentioned in number 2 of Article 45, by the same assigned to it to appear on behalf of the State to take steps to
spouse, who had no knowledge of the other's insanity; or by any prevent collusion between the parties and to take care that evidence
relative or guardian or person having legal charge of the insane, at is not fabricated or suppressed.
any time before the death of either party, or by the insane spouse
during a lucid interval or after regaining sanity;
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 In the cases referred to in the preceding paragraph, no judgment All creditors of the spouses as well as of the absolute community or
shall be based upon a stipulation of facts or confession of judgment. the conjugal partnership shall be notified of the proceedings for
 Procedure: liquidation.
1. Filing of complaint in the proper RTC
2. After filing, defendant shall be given 15 days from receipt of In the partition, the conjugal dwelling and the lot on which it is
summons and a copy of complaint within which to file an answer situated, shall be adjudicated in accordance with the provisions of
3. In the event that defendant answers, court shall order the Articles 102 and 129.
hearing of the case
4. In the event that defendant fails to answer, court shall order 51. In said partition, the value of the presumptive legitimes of all
prosecuting attorney to investigate whether there is collusion common children, computed as of the date of the final judgment of
5. Annulment suit cannot be terminated by way of a the trial court, shall be delivered in cash, property or sound
compromise agreement securities, unless the parties, by mutual agreement judicially
6. Full-blown hearing must be undertaken approved, had already provided for such matters.
 The task of fiscal is to determine if the parties colluded or fabricated
 their evidence to get a nullity or annulment of marriage The children or their guardian or the trustee of their property may
 Collusion—parties come up with an agreement making it appear ask for the enforcement of the judgment.
that the marriage is defective due to existence of any grounds
for annulment or nullity and agreeing to represent such false or The delivery of the presumptive legitimes herein prescribed shall in
non-existent cause of action before the proper court no way prejudice the ultimate successional rights of the children
accruing upon the death of either of both of the parents; but the

value of the properties already received under the decree of
49. During the pendency of the action and in the absence of adequate
annulment or absolute nullity shall be considered as advances on
provisions in a written agreement between the spouses, the Court
their legitime.
shall provide for the support of the spouses and the custody and
support of their common children. The Court shall give paramount  Legitime—part of the testator’s property which he cannot
consideration to the moral and material welfare of said children and dispose of because the law has reserved it for certain heirs
 who are called compulsory heirs
their choice of the parent with whom they wish to remain as
provided to in Title IX. It shall also provide for appropriate visitation  Presumptive legitime shall be computed as of the date of the
 final judgment of trial court
rights of the other parent.
 In void marriages, delivery of the presumptive legitime is generally
not required except only in the void subsequent marriage resulting
50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article
from the non-observance of Art. 40 in relation to Arts. 52 and 53
43 and by Article 44 shall also apply in the proper cases to marriages 
which are declared ab initio or annulled by final judgment under
52. The judgment of annulment or of absolute nullity of the marriage,
Articles 40 and 45.
the partition and distribution of the properties of the spouses and
The final judgment in such cases shall provide for the liquidation, the delivery of the children's presumptive legitimes shall be recorded
partition and distribution of the properties of the spouses, the in the appropriate civil registry and registries of property; otherwise,
custody and support of the common children, and the delivery of the same shall not affect third persons.
third presumptive legitimes, unless such matters had been  In case of nullity, the properties shall be liquidated in
adjudicated in previous judicial proceedings. accordance with the ordinary rules of co-ownership
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  If there were pre-nuptial agreement providing that separation   Physical violence—connotes the infliction of bodily harm
  The act may constitute grossly abusive conduct
of property regime governed the marriage, there is no need
 for liquidation and partition B. Physical violence or moral pressure to compel the petitioner to
  Recording in the civil registry and registry of property is necessary to change religious or political affiliation
a. Bind third parties  One incident of physical violence or moral pressure to
b. Be able to validly contract a subsequent marriage compel the change in religious affiliation or the change in
 If a surviving spouse subsequently remarries without liquidating political affiliation can be a ground for legal separation
the community or conjugal properties of the first marriage, the

C. Attempt of respondent to corrupt or induce the petitioner, a
mandatory regime of complete separation of property shall common child, or a child of the petitioner, to engage in prostitution,
govern the property regime of the subsequent marriage or connivance in such corruption or inducement

 Both the moral act and the inducement must refer to
53. Either of the former spouses may marry again after compliance with prostitution only
the requirements of the immediately preceding Article; otherwise, 
  A mere ―attempt‖ is enough to be a ground for legal separation
the subsequent marriage shall be null and void.
D. Final judgment sentencing the respondent to imprisonment of more
than six years, even if pardoned
54. Children conceived or born before the judgment of annulment or E. Drug addiction or habitual alcoholism of the respondent;
absolute nullity of the marriage under Article 36 has become final F. Lesbianism or homosexuality of the respondent;
and executory shall be considered legitimate.
G. Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad
Children conceived or born of the subsequent marriage under Article
53 shall likewise be legitimate.  Bigamy—the act of illegally contracting a second marriage
despite full knowledge that the first marriage is still validly
 Legitimate children—conceived or born inside an annullable existing or without obtaining the needed judicial declaration
 or voidable marriage of presumptive death of the first spouse

 Illegitimate children—conceived and born outside a valid  If the bigamous marriage were committed abroad, guilty
 marriage or inside a void marriage party cannot be criminally prosecuted for bigamy in the
 Children conceived or born inside under Art. 36 before finality of the Philippines as our penal statutes are territorial in nature
judgment of nullity and those in a marriage which does not comply H. Sexual infidelity or perversion
with Art. 52 in relation to Art. 53 shall be considered legitimate  Adultery and concubinage are included in acts of sexual infidelity

 Other acts of sexual infidelity are enough so long as said acts
TITLE II would constitute a clear betrayal of the trust of his or her
LEGAL SEPARATION spouse by having intimate love affairs with other persons

55. A petition for legal separation may be filed on any of the following  Sexual perversion—include sexual perversion with one’s
grounds: spouse and other sexual practices like oral sexual
intercourse but that if one condones sexual infidelity or
A. Repeated physical violence or grossly abusive conduct directed
against the petitioner, a common child, or a child of the petitioner  perversion, he is estopped from raising it as a ground
I. Attempt by the respondent against the life of the petitioner
 This does not include repeated physical violence upon the
child of the respondent or the guilty spouse  The attempt on the life of the spouse must proceed from an
evil design and not from any justifiable cause
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 J. Abandonment of petitioner by respondent without justifiable cause C. Where there is connivance between the parties in the commission
for more than one year of the offense or act constituting the ground for legal separation
  Abandonment or desertion must be willful  Connivance or procurement—denotes direction, influence, personal
 Act is willful when there is a design to forsake the other exertion, or other action with knowledge and belief that such action
spouse intentionally, or without cause and, therefore, break would produce certain results and which results are produced
 up the marital union D. Where both parties have given ground for legal separation
 Abandonment implies a total renunciation of his or her duties
   He who comes into equity must come with clean hands
 A separation in which both parties willingly concur is not, in  When 2 persons acted in bad faith, they should be
any sense of the word, a willful desertion of one by the other considered as having acted in good faith

For purposes of this Article, the term "child" shall include a child by E. Where there is collusion between the parties to obtain decree of
nature or by adoption. legal separation
 A decree of legal separation or relative divorce does not affect   Collusion—corrupt agreement
the marital status  Connivance—corrupt consenting
o It does not dissolve the marriage F. Where the action is barred by prescription.
o It involves nothing more than bed-and-board separation
o The decree is terminable at the will of the parties by merely 57. An action for legal separation shall be filed within five years from the
filing a manifestation in court time of the occurrence of the cause.
 Divorce—dissolution of the bond of matrimony for some cause
 arising after the marriage 58. An action for legal separation shall in no case be tried before six
 Annulment proceeding—for some cause existing at the time of months shall have elapsed since the filing of the petition.
 marriage ceremony, the marriage is terminable
 The grounds for legal separation are exclusive 59. No legal separation may be decreed unless the Court has taken steps
o They may or may not exist at the time of the marriage
toward the reconciliation of the spouses and is fully satisfied, despite
ceremony since they usually occur after
such efforts, that reconciliation is highly improbable.
 Whether or not the defendant files an answer to the complaint, no
56. The petition for legal separation shall be denied on any of the
hearing on the merits shall be set by the courts for 6 months
following grounds:
o Failure to observe the 6-month cooling off period is a
A. Where the aggrieved party has condoned the offense or act ground to set aside a decision granting legal separation
complained of  This 6-month period is designed to give the parties enough
  Condonation—the act of forgiving the offense after its commission time to further contemplate their positions with the end in view
B. Where the aggrieved party has consented to the commission of the  of attaining reconciliation between them—cooling off period
offense or act complained of  The cooling off period can be dispensed with if the ground for legal
 There is consent when either of the spouses agreed to or did not  separation involves violence against the woman or the child
object, despite full knowledge, to the act of giving rise to a ground  What is prevented from being heard during the 6 month
 for legal separation, before such act was in fact committed period is the hearing on the merits with respect to the validity
 Consent may be deduced from the acts of the spouses or invalidity of the ground for legal separation

RA Salanga 1-A Persons and Family Relations Page 15 of 65

 o Any other incident such as the determination of the custody  The court may award the custody of the child to a third
of the children, alimony and support pendent lite may be person if the court believes that both spouses are not fit to
heard inside the 6-month cooling off period take care of the child

D. The offending spouse shall be disqualified from inheriting from the
60. No decree of legal separation shall be based upon a stipulation of innocent spouse by intestate succession. Moreover, provisions in
facts or a confession of judgment. favor of the offending spouse made in the will of the innocent
spouse shall be revoked by operation of law
In any case, the Court shall order the prosecuting attorney or fiscal
assigned to it to take steps to prevent collusion between the parties  Under Art. 921(4), a person can disinherit his or her spouse in a
and to take care that the evidence is not fabricated or suppressed. will if the latter has given cause for legal separation even if he or
 she has not yet been found guilty of committing such cause
 Under Art. 922, the disinheritance in a will shall be rendered
61. After the filing of the petition for legal separation, the spouses shall
ineffectual upon the mutual reconciliation of the spouses
be entitled to live separately from each other.

The court, in the absence of a written agreement between the 64. After the finality of the decree of legal separation, the innocent
spouses, shall designate either of them or a third person to spouse may revoke the donations made by him or by her in favor of
administer the absolute community or conjugal partnership the offending spouse, as well as the designation of the latter as
property. The administrator appointed by the court shall have the beneficiary in any insurance policy, even if such designation be
same powers and duties as those of a guardian under the Rules of stipulated as irrevocable. The revocation of the donations shall be
Court. recorded in the registries of property in the places where the
properties are located. Alienations, liens and encumbrances
62. During the pendency of the action for legal separation, the registered in good faith before the recording of the complaint for
provisions of Article 49 shall likewise apply to the support of the revocation in the registries of property shall be respected. The
spouses and the custody and support of the common children. revocation of or change in the designation of the insurance
beneficiary shall take effect upon written notification thereof to the
63. The decree of legal separation shall have the following effects: insured.
A. The spouses shall be entitled to live separately from each other, but
the marriage bonds shall not be severed The action to revoke the donation under this Article must be brought
within five years from the time the decree of legal separation
 A spouse can still be held criminally liable for bigamy, become final.
 concubinage or adultery if he or she commits the act
 If the donation is void, in the case of a donation in violation of
B. The absolute community or the conjugal partnership shall be Art. 87, the right to bring an action does not prescribe
dissolved and liquidated but the offending spouse shall have no 
 The revocation of, or change in, the designation of the
right to any share of the net profits earned by the absolute
insurance beneficiary shall take effect upon written
community or the conjugal partnership, which shall be forfeited in
notification thereof to the insurer and not to the insured
accordance with the provisions of Article 43(2)

C. The custody of the minor children shall be awarded to the innocent 65. If the spouses should reconcile, a corresponding joint manifestation
spouse, subject to the provisions of Article 213 of this Code
under oath duly signed by them shall be filed with the court in the
same proceeding for legal separation.

RA Salanga 1-A Persons and Family Relations Page 16 of 65

  If the legal separation case is still pending, it shall be terminated  Procreation is also an essential marital obligation considering
 If the decree has been issued already, with finality or not, it that procreation of children through sexual cooperation is the
shall be set aside  basic end of marriage
  Except for support, a court cannot validly issue a decision compelling
66. The reconciliation referred to in the preceding Articles shall have the  the spouses to live together, observe mutual love, respect and fidelity
following consequences:  There can be no action for damages merely because of a
A. The legal separation proceedings, if still pending, shall thereby be breach of marital obligation
terminated at whatever stage; and o Other remedies can be availed of under Arts. 19, 20 and 21
B. The final decree of legal separation shall be set aside, but the
separation of property and any forfeiture of the share of the guilty 69. The husband and wife shall fix the family domicile. In case of
spouse already effected shall subsist, unless the spouses agree to disagreement, the court shall decide.
revive their former property regime.
The court may exempt one spouse from living with the other if the
The court's order containing the foregoing shall be recorded in the latter should live abroad or there are other valid and compelling
proper civil registries. reasons for the exemption. However, such exemption shall not apply
if the same is not compatible with the solidarity of the family.
67. The agreement to revive the former property regime referred to in  Domicile of a natural person is the place of his or her habitual
the preceding Article shall be executed under oath and shall specify:  residence
A. The properties to be contributed anew to the restored regime;  A minor follows the domicile of his or her parents
B. Those to be retained as separated properties of each spouse; and 
C. The names of all their known creditors, their addresses and the 70. The spouses are jointly responsible for the support of the family. The
amounts owing to each. expenses for such support and other conjugal obligations shall be
paid from the community property and, in the absence thereof, from
The agreement of revival and the motion for its approval shall be filed the income or fruits of their separate properties. In case of
with the court in the same proceeding for legal separation, with copies insufficiency or absence of said income or fruits, such obligations
of both furnished to the creditors named therein. After due hearing, the shall be satisfied from the separate properties.
court shall, in its order, take measure to protect the interest of creditors
and such order shall be recorded in the proper registries of properties. 71. The management of the household shall be the right and the duty of
The recording of the ordering in the registries of property shall not both spouses. The expenses for such management shall be paid in
prejudice any creditor not listed or not notified, unless the debtor- accordance with the provisions of Article 70.
spouse has sufficient separate properties to satisfy the creditor's claim.
72. When one of the spouses neglects his or her duties to the conjugal
TITLE III union or commits acts which tend to bring danger, dishonor or injury
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE to the other or to the family, the aggrieved party may apply to the
court for relief.
68. The husband and wife are obliged to live together, observe mutual
love, respect and fidelity, and render mutual help and support.

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73. Either spouse may exercise any legitimate profession, occupation, complete separation of property, or any other regime. In the
business or activity without the consent of the other. The latter may absence of a marriage settlement, or when the regime agreed upon
object only on valid, serious, and moral grounds. is void, the system of absolute community of property as established
in this Code shall govern.
In case of disagreement, the court shall decide whether or not:
A. The objection is proper; and  In weighing the fairness and reasonableness of the provision,
B. Benefit has occurred to the family prior to the objection or  the following must be considered:
a. Relative situation of the parties
thereafter. If the benefit accrued prior to the objection, the b. Respective ages, heath and experience
resulting obligation shall be enforced against the separate c. Their respective properties
property of the spouse who has not obtained consent. d. Their family ties and connections
e. Spouses’ needs and such factors as tend to show that the
The foregoing provisions shall not prejudice the rights of creditors who
agreement was understandingly made
acted in good faith.
 The law does not make it a requirement that a spouse has to
get the prior consent of the other before entering into any 76. In order that any modification in the marriage settlements may be
valid, it must be made before the celebration of the marriage,
 legitimate profession, occupation, business or activity subject to the provisions of Articles 66, 67, 128, 135 and 136.
 If the husband compels the wife, the purpose or effect of controlling
or restricting her movement or conduct, these are considered acts of
violence against women under RA 9262 which is punishable 77. The marriage settlements and any modification thereof shall be in
writing, signed by the parties and executed before the celebration of
TITLE IV the marriage. They shall not prejudice third persons unless they are
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE registered in the local civil registry where the marriage contract is
recorded as well as in the proper registries of properties
Chapter 1 GENERAL PROVISIONS
74. The property relationship between husband and wife shall be 78. A minor who according to law may contract marriage may also
governed in the following order: execute his or her marriage settlements, but they shall be valid only
A. By marriage settlements executed before the marriage; if the persons designated in Article 14 to give consent to the
B. By the provisions of this Code; and marriage are made parties to the agreement, subject to the
C. By the local custom provisions of Title IX of this Code.
 The agreement must be in writing, signed by the parties, and  The phrase ―a minor who according to law may contract
marriage‖ has been impliedly repealed considering that no
 made prior to the celebration of the marriage minor now may contract a valid marriage
 The contracting parties can stipulate or agree on any arrangement
in their marriage settlement that is not contrary to law and public 
79. For the validity of any marriage settlement executed by a person
 policy and is within the limits provided in the Family Code
 Custom—as a rule of conduct formed by repetition of acts upon whom a sentence of civil interdiction has been pronounced or
uniformly observed as a social rule, legally binding and obligatory who is subject to any other disability, it shall be indispensable for the
guardian appointed by a competent court to be made a party
75. The future spouses may, in the marriage settlements, agree upon the thereto.
regime of absolute community, conjugal partnership of gains,
RA Salanga 1-A Persons and Family Relations Page 18 of 65
  Civil interdiction shall deprive the offender during the time of his 83. These donations are governed by the rules on ordinary donations
sentence of the rights of parental authority, or guardianship, either established in Title III of Book III of the Civil Code, insofar as they are
as to the person or property of any ward, of marital authority, of the not modified by the following articles
right to manage his property, and of the right to dispose of such  The donee must accept the donation personally, or through
property by any act or any conveyance inter vivos an authorized person with a special power of attorney for the
 purpose, with a general or sufficient power; otherwise, the
80. In the absence of a contrary stipulation in a marriage settlement, the  donation shall be void
property relations of the spouses shall be governed by Philippine  The acceptance must be made during the lifetime of the
laws, regardless of the place of the celebration of the marriage and  donor and the donee
their residence.  Oral donation requires simultaneous delivery of the thing or of
 the document representing the right donated
This rule shall not apply:
A. Where both spouses are aliens  If the value of the thing donated exceeds P5000, the donation
 and the acceptance shall be in writing; otherwise, it is void
B. With respect to the extrinsic validity of contracts affecting
 In donations of immovable, it must be made in a public
property not situated in the Philippines and executed in the
instrument, specifying the property donated and the value of
country where the property is located the charges which the donee must satisfy
C. With respect to the extrinsic validity of contracts entered into in 
the Philippines but affecting property situated in a foreign 84. If the future spouses agree upon a regime other than the absolute
country whose laws require different formalities for its extrinsic community of property, they cannot donate to each other in their
validity marriage settlements more than one-fifth of their present property.
Any excess shall be considered void.
81. Everything stipulated in the settlements or contracts referred to in
the preceding articles in consideration of a future marriage, including Donations of future property shall be governed by the provisions on
donations between the prospective spouses made therein, shall be testamentary succession and the formalities of wills.
rendered void if the marriage does not take place. However,  Donation propter nuptias of future property may be
stipulations that do not depend upon the celebration of the handwritten, however, it must entirely be handwritten, dated
marriages shall be valid  and signed by the donor
 The ―not more than 1/5 limitation‖ is not applicable in case the
Chapter 2 DONATIONS BY REASON OF MARRIAGE donation propter nuptias is made in a separate deed of donation

82. Donations by reason of marriage are those which are made before 85. Donations by reason of marriage of property subject to
its celebration, in consideration of the same, and in favor of one or encumbrances shall be valid. In case of foreclosure of the
both of the future spouses encumbrance and the property is sold for less than the total amount
  These are called donation propter nuptias of the obligation secured, the donee shall not be liable for the
 It is indispensable for the donation to be valid to follow this article deficiency. If the property is sold for more than the total amount of
said obligation, the donee shall be entitled to the excess
 Donation—act of liberality

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  If the object of the donation is subject to an encumbrance, the Chapter 3 SYSTEM OF ABSOLUTE COMMUNITY
donation is still valid
Section 1 GENERAL PROVISIONS

86. A donation by reason of marriage may be revoked by the donor in 88. The absolute community of property between spouses shall
the following cases: commence at the precise moment that the marriage is celebrated.
A. If the marriage is not celebrated or judicially declared void ab initio Any stipulation, express or implied, for the commencement of the
except donations made in the marriage settlements, which shall be community regime at any other time shall be void.
governed by Article 81;  All properties owned by the contracting parties before the
B. When the marriage takes place without the consent of the parents marriage ceremony and those which they may acquire thereafter
or guardian, as required by law;  shall comprise the absolute community of property regime
C. When the marriage is annulled, and the donee acted in bad faith;  The spouses become co-owners of all the properties in an
D. Upon legal separation, the donee being the guilty spouse;  absolute community of property regime
E. If it is with a resolutory condition and the condition is complied  An alien married to a Filipino cannot have any interest in the
with; community or partnership property
F. When the donee has committed an act of ingratitude as specified 
by the provisions of the Civil Code on donations in general 89. No waiver of rights, shares and effects of the absolute community of
property during the marriage can be made except in case of judicial
87. Every donation or grant of gratuitous advantage, direct or indirect, separation of property.
between the spouses during the marriage shall be void, except
When the waiver takes place upon a judicial separation of property,
moderate gifts which the spouses may give each other on the
or after the marriage has been dissolved or annulled, the same shall
occasion of any family rejoicing. The prohibition shall also apply to
appear in a public instrument and shall be recorded as provided in
persons living together as husband and wife without a valid
Article 77. The creditors of the spouse who made such waiver may
marriage.
petition the court to rescind the waiver to the extent of the amount
 Moderate gifts will depend on a case-to-case basis especially sufficient to cover the amount of their credits.
 considering the financial capacity of the donor
 The validity of the donation or transfer cannot be challenged
by those who bore absolutely no relation to the parties to the 90. The provisions on co-ownership shall apply to the absolute
transfer at the time it occurred and had no rights or interests community of property between the spouses in all matters not
inchoate, present, remote, or otherwise, in the property in provided for in this Chapter.
 question at the time transfer occurred
 Reserve troncal—it provides that the ascendant who inherits from Section 2 WHAT CONSTITUTES COMMUNITY PROPERTY
his descendant any property which the latter may have acquired by
91. Unless otherwise provided in this Chapter or in the marriage
gratuitous title from another ascendant, or a brother or sister, is
settlements, the community property shall consist of all the property
obliged to reserve such property as he may have acquired by
operation of law for the benefit of relatives who are within the third
owned by the spouses at the time of the celebration of the marriage
degree and who belong to the line from which said property came
or acquired thereafter.

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92. The following shall be excluded from the community property: 3. Debts and obligations—contracted by either spouse without the
A. Property acquired during the marriage by gratuitous title by either consent of the other to the extent that the family may have been
spouse, and the fruits as well as the income thereof, if any, unless it benefited
is expressly provided by the donor, testator or grantor that they  If it were contracted prior to the marriage
shall form part of the community property; o ACP shall be liable for as long as it redounded to the
B. Property for personal and exclusive use of either spouse. However, benefit of the family
jewelry shall form part of the community property; o Separate property shall be liable if it did not redound to
the benefit of the family
C. Property acquired before the marriage by either spouse who has
4. Taxes, liens, charges and expenses
legitimate descendants by a former marriage, and the fruits as well
a. Including major or minor repairs upon the community property
as the income, if any, of such property
 4 excluded properties from ACP:  Can be done even without the consent of the other spouse
1. Under marriage settlement following the rules on co-ownership
2. By gratuitous title which includes fruits as well as income of 5. Taxes and expenses for mere preservation of separate property of
the subject matter acquired either spouse used by the family
3. For Personal and Exclusive Use 6. Self-improvement
4. Properties from previous marriage a. Expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self-
93. Property acquired during the marriage is presumed to belong to the improvement
community, unless it is proved that it is one of those excluded 7. Antenuptial debts of either spouse insofar as they have redounded
therefrom. to the benefit of the family
8. The value of what is donated or promised by both spouses in favor
Section 3 CHARGES UPON AND OBLIGATIONS OF THE ABSOLUTE of their common legitimate children for the exclusive purpose of
COMMUNITY commencing or completing a professional or vocational course or
other activity for self-improvement;
94. The ACP shall be liable for:
 The donation must be made by both of the spouses to
1. Support
a. Spouses  make it a valid donation
9. Ante-nuptial debts of either spouse other than those falling under
b. Their common children paragraph (7) of this Article
c. Legitimate children of either spouse a. the support of illegitimate children of either spouse
The support of illegitimate children shall be governed by the b. liabilities incurred by either spouse by reason of a crime or a
provisions of this Code on Support quasi-delict
 The support of illegitimate children shall be taken from the
 separate property of the parent-spouse 
2. Debts and obligations—contracted during the marriage by the In case of absence or insufficiency of the exclusive property of the
debtor-spouse, the payment of which shall be considered as
a. Designated administrator-spouse for the benefit of the advances to be deducted from the  share of the debtor-spouse
community upon liquidation of the community
b. Both spouses  The separate property of the erring spouse shall be liable to pay
c. One spouse with the consent of other the obligation or debt arising from crime or quasi-delict, but if the

RA Salanga 1-A Persons and Family Relations Page 21 of 65

 separate property is insufficient, the ACP shall pay but as an  but if the ticket was given to a spouse by gratuitous title, the ―income‖
advance to be deducted from the share of the debtor upon thereof should belong to the separate property of the said spouse
liquidation of the ACP
 Quasi-delict—whoever by act or omission cause damage to 96. The administration and enjoyment of the community property shall
another, there being fault or negligence where there is no belong to both spouses jointly.
pre-existing contractual relation between parties, is obliged to  Spouses are co-owners of the properties they introduced into
pay for the damage done the marriage and acquired thereafter except those as may be
10. Expenses of litigation between the spouses unless the suit is found excluded in the marriage settlement and those listed in Art. 92

to be groundless.  Joint administration does not require that the spouses always
 Provided that the suit is between the husband and the wife  act together
 and that the case is not groundless.  None of the co-owners shall, without the consent of the other,
 ACP will also be liable in suits not involving cases between make alterations in the thing owned in common, even though
spouses for as long as the suit benefits the family benefits for all would result therefrom
 
 In case of disagreement, the husband's decision shall prevail, subject
If the community property is insufficient to cover the foregoing to recourse to the court by the wife for proper remedy, which must
liabilities, except those falling under paragraph (9), the spouses shall availed of within five 
 be  liable for the unpaid balance with their separate
solidarily  be
implementing such decision
years from the date of the contract
properties.
 the paternal favor is only to prevent a void or vacuum in case
 Solidary obligations—those where several creditors or
 disagreement arises
debtors or both concur, and where each creditor has the right
to demand and each debtor is bound to perform, in its 
In the event that one spouse is incapacitated or otherwise unable to
 entirety, the prestation constituting the object of obligation in the administration of the common 
 participate
spouse may assume sole powers of administration
properties, the other
 Insolvency of spouses
o So long as the ACP subsists, its property shall not be among  A summary proceeding is need if the other spouse is absent,
the assets to be taken possession of by the assignee for the  separated in fact, abandoned, or the consent is withheld
payment of the insolvent debtor’s obligations, except insofar  If the subject spouse is ―incompetent‖, the proper remedy is a judicial
as the latter have redounded to the benefit of the family guardianship and not a summary proceeding under the Family Code:
o If both spouses maintain their joint administration, and one of   Comatose or semi-comatose

them becomes insolvent, the right of the insolvent spouse to   Victim of stroke

jointly administer may be legally curtailed by the court, thereby   Cerebrovascular accident without motor and mental faculties

making the other non-insolvent spouse the sole administrator   
Diagnosis of brain stem infarct

95. Game of chance, betting, sweepstakes or any kind of gambling,


These powers do not include disposition or encumbrance without
whether permitted or prohibited by law authority of the court or the written consent of the other spouse. In

Whatever may be lost during the marriage shall be borne by the loser and shall  
the absence of such authority or consent, the disposition or
encumbrance shall be void
not be charged to the community

 However, the transaction shall be construed as a continuing offer on the
but any winnings therefrom shall form part of the community property part of the consenting spouse and the third person, and may  be
perfected as a binding contract upon the acceptance by the other

RA Salanga 1-A Persons and Family Relations Page 22 of 65

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

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  
judicially declared an absentee o To enable the present spouse to satisfy the other spouse’s
  
loss of parental authority share in the obligations used to support the family which should
   be totally paid by the ACP had it not been for its insufficiency
abandonment

 abuse of powerof a spouse granted with the power of
administration 101. If a spouse without just cause abandons the other or fails to comply
 with his or her obligations to the family, the aggrieved spouse may
separation in fact for at least 1 year with improbable
reconciliation petition the court for receivership, for judicial separation of property or

for authority to be the sole administrator of the ACP, subject to such
100. The separation in fact between husband and wife shall not affect precautionary conditions as the court may impose
the regime of absolute community except that:  Failure to comply also include abuse
 Generally, the ACP will not be affected by the separation in  Abuse—connotes willful and utter disregard of the interest of
fact between spouses the partnership, evidenced by a repetition of deliberate acts
1. The spouse who leaves the conjugal home or refuses to live  and/or omissions prejudicial to the latter
therein, without just cause, shall not have the right to be 
 marital, parental or property relations
The obligations to the family mentioned in the preceding paragraph refer to
supported
 If the spouse left with a valid cause 
o he or she can still be supported from the ACP A spouse is deemed to have abandoned the other when her or she
o ACP can still be held liable for all obligations incurred by the has left the conjugal dwelling without intention of returning. The
separating spouse that may redound to the benefit of the family spouse who has left the conjugal dwelling for a period of three
 If the spouse left without a valid cause months or has failed within the same period to give any information
o he or she will not be supported by the ACP as to his or her whereabouts shall be prima facie presumed to have
o however, ACP may still be held liable for the expenses he no intention of returning to the conjugal dwelling
or she might have incurred for the benefit of the family  Abandonment—implies a departure by one spouse with the
2. When the consent of one spouse to any transaction of the other is avowed intent never to return, followed by prolonged absence
required by law, judicial authorization shall be obtained in a without just cause, and without in the meantime providing in the
summary proceeding  least for one’s family able to do so
 Any of the spouses, whether or not he/she was the one who left  Abandonment must not only be physical estrangement but also
the conjugal home without a valid cause, can seek judicial relief amount to financial and moral desertion

3. In the absence of sufficient community property, the separate
property of both spouses shall be solidarily liable for the support of Section 2 LIQUIDATION OF THE ABSOLUTE COMMUNITY ASSETS AND
the family. LIABILITIES
102. Upon dissolution of the ACP regime, the following procedure shall
The spouse present shall, upon proper petition in a summary apply:
proceeding, be given judicial authority to administer or encumber 1. Inventory shall be prepared
any specific separate property of the other spouse and use the o listing separately all the properties of the ACP and the exclusive
fruits or proceeds thereof to satisfy the latter's share properties of each spouse
 The authority is limited to only one purpose:

RA Salanga 1-A Persons and Family Relations Page 24 of 65

  In the appraisal of the properties, it is not the purchase but 103. Upon the termination of the marriage by death, the ACP shall be
the market or, in default thereof, the assessed value at the liquidated in the same proceeding for the settlement of the estate of the
 time of the liquidation that must be taken into account deceased
2. Debts and obligations of the ACP  Termination by death:
o shall be paid out of its assets 

ACP shall be inventoried, administered and liquidated and the
o In case of insufficiency of said assets, the spouses shall be debts thereof paid
solidarily liable for the unpaid balance with their separate   If the dead spouse left no will and there is no debt
properties in accordance with Art. 94(2) 
Heirs of legal age or minors duly represented by their judicial or
3. Whatever remains of the exclusive properties of the spouses shall legal representatives may, without securing letters of
thereafter be delivered to each of them administrator from the court, divide the estate among themselves
4. Net remainder of the properties of the ACP o If no judicial settlement proceeding is instituted, the surviving
o shall constitute its net assets, which shall be divided equally spouse shall liquidate the ACP either judicially or extra-judicially
between spouses, unless a different proportion or division was within 6 months from the death of the deceased spouse
agreed upon in the marriage settlements, or unless there has o If upon the lapse of the 6 months, no liquidation is made, any
been a voluntary waiver of such share provided in this Code disposition or encumbrance involving the ACP of the terminated
o For purpose of computing the net profits subject to forfeiture in marriage shall be void
accordance with Art. 43(2) and Art. 63(2), the said profits shall be 
Should the surviving spouse contract a subsequent marriage without
the increase in value between the market value of the compliance with the foregoing requirements, a mandatory regime of
community property at the time of the celebration of the  shall govern the property relations
complete separation of property
marriage and the market value at the time of its dissolution of the subsequent marriage
5. The presumptive legitimes of the common children shall be
delivered upon partition, in accordance with Art. 51 104. Whenever the liquidation of the community properties of two or
 Presumptive legitime is delivered only after the finality of a more marriages contracted by the same person before the effectivity of
judicial decree of annulment on grounds of Art. 45 or of this Code is carried out simultaneously, the respective capital, fruits and
nullity of a subsequent void marriage under Art. 40 in income of each community shall be determined upon such proof as may
 relation to Arts. 52 and 53 be considered according to the rules of evidence. In case of doubt as to
 Delivery of presumptive legitime need not be made in cases which community the existing properties belong, the same shall be
of legal separation or in case of a judicially declared void divided between the different communities in proportion to the capital
marriage other than in a subsequent void marriage as a and duration of each
 result of non-observance of Art. 40
 Simultaneous liquidation of the community properties of each of
6. Conjugal dwelling and lot
o shall be adjudicated to the spouse with whom the majority of  the two marriages contracted prior to Aug. 3 1988
 Five scenarios:
the common children choose to remain 1. Duration—equal
o Unless otherwise agreed upon by the parties Actual assets—unknown
 Inventoried assets—known (P15 000)
 unless the court has decided otherwise
Children below the 7 years old are deemed to have chosen the mother,

o In case there in no such majority, the court shall decide, taking P15 000 will be divided equally to each marriage because the
 duration is the same
into consideration the best interests of said children
RA Salanga 1-A Persons and Family Relations Page 25 of 65
 2. Duration—known Actual already acquired in accordance with the Civil Code or other laws, as
assets—unknown Inventoried provided in Art. 256
assets—known (P15 000)
If 1st marriage lasted for 2 years, it will get 2/5 of P15 000 106. Under the regime of CPG

the husband and wife place in a common fund the o
If the 2nd marriage lasted for 3 years, it will get 3/5 of the P15 000 proceeds
3. Duration—equal o products
Actual assets—known 
o fruits
Inventoried assets—known (P 15 000) o income from their
If the value of actual asset of 1st marriage is P1000, it will get   separate properties


1/3 of P15 000 


those acquired by either or both spouses through their efforts or by
 chance
If the value of actual asset of 2nd marriage is P2000, it will get
2/3 of P15 000 
upon dissolution of the marriage or of the partnership, the net gains
4. Duration—known or benefits obtained by either or both spouses shall be divided
Actual assets—equal  them, unless otherwise agreed in the marriage
equally between
settlements
Inventoried assets—known (P15 000)
 Regime of CPG shall place in common fund the fruits their
If the 1st marriage lasted for 2 years, it will get 2/5 of P15 000
 separate properties and the income from their work or industry
If the 2nd marriage lasted for 3 years, it will get 3/5 of P15 000  Fruits of paraphernal properties—separate property of the wife, form part
of the assets of the CPG and are therefore subject to the payment of the
5. Duration—known Actual debts and expenses of the spouses, but not to the payment of the
assets—known Inventoried personal obligation of the husband, unless it be proved that such
assets—known (P15 000) obligations were productive of some benefit to the family

1st marriage: duration (2 years) multiply by actual asset 
 ―effort‖—an activity or undertaking which may or may not be rewarded
(P1000), it will get 2/8 of P15 000  ―chance‖—activities like gambling or betting
2nd marriage: duration (3 years) multiply by actual asset
107. The rules provided in Arts. 88 and 89 shall also apply to conjugal
(P2000), it will get 6/8 of P15 000
partnership of gains
Chapter 4 CONJUGAL PARTNERSHIP OF GAINS  Art. 88—The application of CPG shall commence at the precise
 moment when the marriage ceremony is celebrated
Section 1 GENERAL PROVISIONS  Art. 89—No waiver of rights, interests, shares, and effects of
the CPG can be made during the marriage except upon judicial
105. Regime of conjugal partnership of gains separation of property

In case the future spouses agree in the marriage settlements that CPG
 will  the provisions in this Chapter shall
govern their property relations, 108. The CPG shall be governed by the rules on the contract of
be of supplementary application partnership in all that is not in conflict with what is expressly determined
 in this Chapter or by the spouses in their marriage settlements
spouses before the
This shall also apply to CPG already established between
effectivity of this Code, without prejudice to vested rights
RA Salanga 1-A Persons and Family Relations Page 26 of 65
 Section 2 EXCLUSIVE PROPERTY OF EACH SPOUSE  he/she may also transfer the administration to a stranger
even without the consent his/her spouse
109. The following shall be the exclusive property of each spouse: (that
which is)
111. A spouse of age may mortgage, encumber, alienate or otherwise
1. Brought to the marriage as his or her own
dispose of his or her exclusive property, without the consent of the other
 all properties brought into the marriage by the contracting spouse, and appear alone in court to litigate with regard to the same
 parties belong to each of them exclusively
 not a valid law anymore because of lowering the age of
 hence, they can exercise all rights of dominion or of majority and the age of emancipation to 18 y/o
 ownership over these exclusive properties
2. Acquired during the marriage by gratuitous title
112. The alienation of any exclusive property of a spouse administered
 Anything received by each spouse from any source by way of an act
of liberality of the giver, such as donation or a gift, shall belong
by the other automatically terminates the administration over such
exclusively to the spouse-recipient and will not belong to the CPG property and the proceeds of the alienation shall be turned over to the
 owner-spouse

These include moderate gifts given by one spouse to
 another during family occasions
113. Property donated or left by will to the spouses
 However, the income and the fruits of the property acquired
by gratuitous title shall be considered conjugal a. jointly and with designation of determinate shares

3. Acquired by right of redemption, by barter or by exchange with b. absence of designation, share and share alike, without prejudice to
property belonging to only one of the spouses the right of accretion when proper
 Redemption—the property shall belong to the spouse who has the  
shall pertain to the donee-spouses as his or her own exclusive property
right to redeem regardless of whether or not he or she uses personal
funds  Accretion—incorporation or addition of property to another
o When conjugal funds are used, the spouse making the  Scenarios for right of accretion to apply:
redemption shall be liable to the CPG for the reimbursement 1. A donor provided that ¼ of the property will go to the wife and ¾
of the amount used to redeem his or her exclusive property will go to the husband; but when the wife does not accept, the
o Absence of proof on the right to redemption—presumption husband, through right of accretion, gets the entire property
is to form part of the CPG 2. If the spouses were validly given a property in a will which provided
4. purchased with exclusive money of the wife or of the husband that ¼ will go to the wife and ¾ will go to the husband; and if the wife
renounces, the husband, through right of accretion, gets the entire
110. The spouses retain the ownership, possession, administration and property because the inheritance is still pro indiviso (not divided)
enjoyment of their exclusive properties  Scenarios for right of accretion not to apply:
 1. If the donor provides in the deed that no right of accretion
Either spouse may, during the marriage
o transfer the administration of his or her exclusive property to the shall be available
other 2. If the designation is not of determinate shares but of
 determinate properties like a house or a car

by means of a public instrument—recorded in the registry of property of 3. If the testator gives the spouses the school buildings where
the place the property is located
the building in Manila will go to the wife and the building in
 even when there is a transfer of administration, the owner-spouse
Cebu to the husband, the right of accretion will not apply
may still donate, encumber, or otherwise alienate the property
because the inheritance is not pro indiviso
RA Salanga 1-A Persons and Family Relations Page 27 of 65
114. If the donations are onerous, the amount of the charges shall be 3. The fruits, natural, industrial, or civil, due or received during the
borne by the exclusive property of the done-spouse, whenever they marriage from the common property, as well as the net fruits from
have been advanced by the conjugal partnership of gains the exclusive property of each spouse
 If CPG is used to pay the obligations attached to an onerous  Net fruits—that which remained from the fruits after
donation, the done-spouse shall reimburse the CPG but the  payment of debts
 property remains to be his/her exclusive property 4. Share of either spouse in the hidden treasure which the law
 However, taxes and expenses for mere preservation upon the separate awards to the finder or owner of the property where the treasure
properties made during the marriage shall be chargeable to the CPG is found
 Hidden treasure—artifacts or objects which have undergone
115. Retirement benefits, pensions, annuities, gratuities, usufructs and transformation from their original raw state such as
similar benefits shall be governed by the rules on gratuitous or onerous  earrings, necklaces, bracelets and the like
acquisitions as may be proper in each case  Treasure—any hidden and unknown deposit of money,
 Gratuity—act of liberality; separate property jewelry or other precious objects, the lawful ownership to
 Annuity—recipient is entitled to it as a matter of right; hence, it  which does not appear (Art. 439 of the Civil Code)
 is not a gratuity and is part of CPG  Art. 519 of the Civil Code provides that ―mining claims and
 Pensions—nature of compensation for services previously rendered; rights and other matters concerning minerals and mineral
not considered as donations or gratuities and are part of the CPG  lands are governed by special laws‖
 Gold nuggets, precious stones in their raw state, oil and the
Section 3 CONJUGAL PARTNERSHIP PROPERTY  like are not treasures
5. Those acquired through occupation such as fishing or hunting
116. All property acquired during the marriage, whether the acquisition 6. Livestock existing upon the dissolution of the partnership in excess
appears to have been made, contracted or registered in the name of one of the number of each kind brought to the marriage by either
or both spouses, is presumed to be conjugal unless the contrary is spouse
proved
7. Acquired by chance, such as winnings from gambling or betting.
 Proof of acquisition during the coverture is a condition sine qua non However, losses therefrom shall be borne exclusively by the loser-
for the operation of the presumption in favor of conjugal ownership spouse
 Gross income—includes prize and winnings derived from
117. The following are CPG properties: whatever source
1. Acquired by onerous title during the marriage at the expense of
the common fund, whether the acquisition be for the partnership, 118. Property bought on installments
or for only one of the spouses
o paid partly from exclusive funds of either or both spouses and
  Acquisition by onerous title from common fund belongs to the partly from conjugal funds
 CPG 
2. Obtained from the labor, industry, work or profession of either or the buyer or buyers if full ownership was vested before the
belongs to
 marriage
both of the spouses
 in this instance, the conjugal funds would only be entitled to
 It also includes those acquired through occupation such as reimbursement for the expense upon liquidation of partnership
fishing or hunting 

 partnership if such ownership was vested during the
to the conjugal
marriage
RA Salanga 1-A Persons and Family Relations Page 28 of 65
  in this instance, the spouse who contracted the purchase shall b. Otherwise, said property shall be retained in ownership by the
 have the right to be reimbursed by the CPG upon liquidation owner-spouse, likewise subject to reimbursement of the cost of
 the improvement
In either case, any amount advanced by the partnership or by either or

both spouses shall be reimbursed by the owner or owners upon  Example:
liquidation of the partnership The wife owned a land worth P50 000. She and her husband
constructed a house on the land using the conjugal fund which
119. Whenever an amount or credit payable within a period of time cost P20 000, and after construction, the house and lot costs
belongs to one of the spouses, the sums which may be collected during P90 000. The sum of improvement (P20 000) and increase in
the marriage in partial payments or by installments on the principal shall value of the property (P20 000) is P40 000 which is less than
be the exclusive property of the spouse the value of the property at the time of the improvement, so it
 will belong to the owner-spouse
 A third person borrowed P1M from Ann, wife of Harold, and 
 agreed to pay it within 10 months with 2% interest each month In either case, the ownership of the entire property shall be vested
 The P1M will belong exclusively to Ann  which shall be made at the time of the
upon the reimbursement,
 liquidation of the CPG
 to the conjugal partnership
However, interests falling due during the marriage on the principal shall belong  In above cases, reimbursement should be made to determine
the full ownership of the properties
 But, the sum of P20 000, which constitutes the 2% interest for
10 months, shall belong to the CPG contemplated as fruits of
such property Section 4 CHARGES UPON AND OBLIGATIONS OF THE CONJUGAL
PARTNERSHIP
120. The ownership of improvements, whether for utility or adornment, 121. The conjugal partnership shall be liable for:
made on the separate property of the spouses at the expense of the 1. Support
partnership or through the acts or efforts of either or both spouses shall a. Spouse
pertain to the conjugal partnership, or to the original owner-spouse, b. their common children
subject to the following rules: c. legitimate children of either spouse
a. When the cost of the improvement made by the CPG and any d. however, the support of illegitimate children shall be governed
resulting increase in value are more than the value of the property by the provisions of this Code on Support
at the time of the improvement—the entire property of one of the 2. All debts and obligations contracted during the marriage by the
spouses shall belong to the CPG subject to reimbursement of the a. designated administrator-spouse for the benefit of the conjugal
value of the property of the owner-spouse at the time of the partnership of gains
improvement b. both spouses
 Example: c. one of them with the consent of the other
The wife owned a land worth P50 000. She and her husband 3. Debts and obligations contracted by either spouse without the
constructed a house on the land using the conjugal fund which cost consent of the other to the extent that the family may have
P20 000, and after construction, the house and lot costs P110 000. benefited
The sum of improvement (P20 000) and increase in value of the
property (P40 000) is P60 000 which is more than the value of the
4. All taxes, liens, charges, and expenses, including major or minor
repairs upon the conjugal partnership property;
property at the time of the improvement, so it will belong to the 
CPG
RA Salanga 1-A Persons and Family Relations Page 29 of 65
 5. All taxes and expenses for mere preservation made during the  This is with regard to fines and pecuniary indemnities imposed
marriage upon the separate property of either spouse on either of the spouses before the marriage or during the
6. Expenses to enable either spouse to commence or complete a  marriage which did not redound to the benefit of the family
professional, vocational, or other activity for self-improvement 
7. Ante-nuptial debts of either spouse insofar as they have  However, the payment
the marriage that of
 of personal debts contracted by either spouse before
redounded to the benefit of the family a. fines and indemnities imposed upon them
8. The value of what is donated or promised by both spouses in favor b. support of illegitimate children of either spouse
of their common legitimate children for the exclusive purpose of o may be enforced against the partnership assets after the
commencing or completing a professional or vocational course or responsibilities enumerated in the preceding Article have been
other activity for self-improvement covered
9. Expenses of litigation between the spouses unless the suit is found 
to groundless   should have no exclusive property or if it
if the spouse who is bound
should be insufficient
 For debts and obligations 
o Liabilities shall only be chargeable to the CPG if it benefits the same o but at the time of the liquidation of the partnership, such spouse
The burden of proof that a debt was contracted for the benefit of the  for what has been paid for the purpose above-
shall be charged
mentioned
CPG lies with the creditor
o The benefit must be a direct result of the obligation and cannot 123. Any game of chance or in betting, sweepstakes, or any other kind of
be a by-product or a spin-off of the obligation or loan itself
o No presumption can be inferred that, when a husband enters gambling whether permitted or prohibited by law

into a contract of surety or accommodation agreement, it is whatever may be lost during the marriage shall be borne by the loser and shall
―for the benefit of the CPG‖ not be charged to the conjugal partnership
o However, if both spouses signed the surety agreement, then 
but any winnings shall form part of the CPG
the CPG shall be liable
 Section 5 ADMINISTRATION OF THE CONJUGAL PARTNERSHIP
If the conjugal partnership is insufficient to cover the foregoing PROPERTY
solidarily liable for the unpaid balance
liabilities, the spouses shall be
with their separate properties 124. The administration and enjoyment of the conjugal partnership—
 If the CPG is insufficient, the creditors may demand payment both spouses jointly
 from either or any separate properties of the spouses 
In case of disagreement, the husband's decision shall prevail, subject to
 He who made the payment may claim from his spouse only recourse to the court by the wife for proper remedy, which must be
the share which corresponds to each, with the interest for the availed of within 5 years from the date of the contract
payment already due implementing such decision

In the event that one spouse is incapacitated or otherwise unable to participate
122. The payment of personal debts contracted by the either spouses in the administration of the conjugal properties, the
before or during the marriage shall not be charged to the CPG except other spouse may assume sole powers of administration.
insofar as they redounded to the benefit of the family 
 These powers do not include disposition or encumbrance without
Neither shall the fines and pecuniary indemnities imposed upon them be authority of the court or the written consent of the other spouse. In
charged to the CPG
the absence of such authority or consent, the disposition or
encumbrance shall be void
RA Salanga 1-A Persons and Family Relations Page 30 of 65

However, the transaction shall be construed as a continuing offer on The spouse present shall, upon petition in a summary proceeding,
the part of the consenting spouse and the third person, and may be
perfected as a binding contract upon the acceptance by the other be given judicial authority to administer or encumber any specific
spouse or authorization by the court before the offer is withdrawn separate property of the other spouse and use the fruits or
by either or both offerors proceeds thereof to satisfy the latter's share
 Identically similar with Art. 96  Identically similar with Art. 100
 In case the buyer knew that the property is conjugal but they bought it
from the husband without the consent of the wife, SC said that the 128. If a spouse without just cause abandons the other or fails to comply
sale was totally void and the purchase price had to be returned with his or her obligation to the family, the aggrieved spouse may
petition the court for receivership, for judicial separation of property, or
125. Neither spouse may donate any conjugal partnership property for authority to be the sole administrator of the conjugal partnership
without the consent of the other. However, either spouse may, without property, subject to such precautionary conditions as the court may
the consent of the other, make moderate donations from the conjugal impose
partnership property for charity or on occasions of family rejoicing or 
The obligations to the family mentioned in the preceding paragraph refer to
family distress marital, parental or property relations
 Identically similar with Art. 98 
A spouse is deemed to have abandoned the other when he or she has
left the conjugal dwelling without intention of returning. The spouse
Section 6 DISSOLUTION OF CONJUGAL PARTNERSHIP who has left the conjugal dwelling for a period of three months or
has failed within the same period to give any information as to his or
REGIME 126. The conjugal partnership terminates: her whereabouts shall be prima facie presumed to have
1. Upon the death of either spouse; no intention of returning to the conjugal dwelling
2. There is a decree of legal separation;  Identically similar with Art. 101
3. The marriage is annulled or declared void
4. In case of judicial separation of property during the marriage under Section 7 LIQUIDATION OF THE CONJUGAL PARTNERSHIP ASSETS AND
Arts. 134 to 138 LIABILITIES
 Identically similar with Art. 99
129. Upon the dissolution of the conjugal partnership regime, the
127. The separation in fact between husband and wife shall not affect following procedure shall apply:
the regime of conjugal partnership, except that: 1. Inventory shall be prepared
1. The spouse who leaves the conjugal home or refuses to live 
 all the properties of the CPG and the exclusive properties
listing separately
therein, without just cause, shall not have the right to be of each spouse
supported 2. Amounts advanced by the CPG shall be credited to the CPG as an
2. When the consent of one spouse to any transaction of the other is asset thereof
required by law, judicial authorization shall be obtained in a   for payment of personal debts and obligations of either spouse


summary proceeding 3. Each spouse shall be reimbursed for the use of his or her exclusive
3. In the absence of sufficient conjugal partnership property, the funds in the acquisition of property or for the value of his or her
separate property of both spouses shall be solidarily liable for the exclusive property, the ownership of which has been vested by law
support of the family in the conjugal partnership.
RA Salanga 1-A Persons and Family Relations Page 31 of 65
 4. Debts and obligations of the CPG shall be paid out of the conjugal judicially or extra-judicially within 6 months from the death of the
assets deceased spouse
 o If upon the lapse of the six-month period no liquidation is made,
In case of insufficiency, the spouses shall be solidarily liable for the
unpaid balance with their separate properties, in accordance with any disposition or encumbrance involving the conjugal partnership
 the provisions Art. 121(2). property of the terminated marriage shall be void
5. Whatever remains of the exclusive properties of the spouses shall 
thereafter be delivered to each of them Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
6. Unless the owner had been indemnified from whatever source, the  shall govern the property relations
complete separation of property
loss or deterioration of movables used for the benefit of the family, of the subsequent marriage
belonging to either spouse, even due to fortuitous event, shall be  Identically similar to Art. 103
paid to said spouse from the conjugal funds, if any
7. The net remainder of the conjugal partnership properties shall 131. Whenever the liquidation of the CPG of two or more marriages
constitute the profits contracted by the same person before the effectivity of this Code is
 
which shall be divided equally between husband and wife carried out simultaneously, the respective capital, fruits and income of
o unless a different proportion or division was agreed upon in each partnership shall be determined upon such proof as may be
the marriage settlements considered according to the rules of evidence. In case of doubt as to
o unless there has been a voluntary waiver or forfeiture of such which partnership the existing properties belong, the same shall be
share as provided in this Code divided between the different partnerships in proportion to the capital
8. The presumptive legitimes of the common children shall be and duration of each
delivered upon the partition in accordance with Art. 51.
9. Conjugal dwelling and the lot 132. The Rules of Court on the administration of estates of deceased
o shall be adjudicated to the spouse with whom the majority of the persons shall be observed in the appraisal and sale of property of the
common children choose to remain conjugal partnership, and other matters which are not expressly
o unless otherwise agreed upon by the parties determined in this Chapter

 court has decided otherwise
Children below the 7 y/o are deemed to have chosen the mother, unless the
133. From the common mass of property support shall be given to the
o In case there is no such majority, the court shall decide, taking surviving spouse and to the children during the liquidation of the
into consideration the best interests of said children inventoried property and until what belongs to them is delivered; but
 CPG may be liquidated by extrajudicial settlement, ordinary from this shall be deducted that amount received for support which
action of partition, or by way of testate or intestate proceedings exceeds the fruits or rents pertaining to them
 Only the surviving spouse and the children are entitled to get
130. Upon the termination of the marriage by death, the CPG shall be  the allowances for support
liquidated in the same proceeding for the settlement of the estate of the  Allowances for support to the children and the spouse of the
deceased deceased pending liquidation of the estate are subject to collation
 and deductible from their share of the inheritance insofar as they
If no judicial settlement proceeding is instituted, the surviving spouse shall
liquidate the conjugal partnership property either exceed what they are entitled to as fruits or income

RA Salanga 1-A Persons and Family Relations Page 32 of 65

 Chapter 5 SEPARATION OF PROPERTY OF THE SPOUSES AND Abuse connotes willful and utter disregard of the interests of
ADMINISTRATION OF COMMON PROPERTY BY ONE SPOUSE DURING the partnership evidenced by a repetition of deliberate acts
THE MARRIAGE  and/or omission prejudicial to the latter
6. At the time of the petition, the spouses have been separated in
134. In the absence of an express declaration in the marriage fact for at least one year and reconciliation is highly improbable
settlements, the separation of property between spouses during the 
marriage shall not take place except by judicial order. Such judicial In the cases provided for in Numbers (1), (2) and (3), the
presentation of the final judgment against the guilty or absent
separation of property may either be voluntary or for sufficient cause spouse shall be enoughbasis for the grant of the decree of judicial
 Spouses cannot alter their property relations after the marriage separation of property
 without judicial approval
 Separation of Property shall not prevail unless expressly 136. Voluntary dissolution of the ACP or CPG or for the separation of
stipulated in the marriage settlement before the union is their common properties
solemnized or by judicial decree during the existence of marriage 
The spouses may jointly file a verified petition with the court for the
 Need not state any reason for the conversion
135. Any of the following shall be considered sufficient cause for judicial  Agreement of the parties is enough
separation of property: (that the spouse of the petitioner has been)  The agreement for voluntary separation of property takes effect
1. Sentenced to a penalty which carries with it civil interdiction from the time of the judicial order decreeing the separation of
 Deprivation of rights:  the properties and not from the signing of the agreement
a. Parental authority or guardianship—person or property of  In case of waiver of one spouse, any creditor of such spouse
any ward may petition the court to rescind the waiver to the extent of the
b. Marital authority amount sufficient to cover the amount of the credit
c. Manage his own property
d. Dispose his property by any act or any conveyance inter vivos 137. After the SP has been decreed
2. Judicially declared an absentee - ACP or CPG shall be liquidated
 Declaration may be made if: - however, the delivery of presumptive legitime need not be
o 2 years have elapsed without any news complied with, as such delivery specifically applies only in case
o 5 years in case the absentee has left a person in charge the marriage is either judicially annulled under Art. 45 or
of the administration of his property
declared void for non-observance of Art. 40
 The judicial declaration shall not take effect until 6 months
During pendency, the ACP or CPG shall pay for the support of the
 after its publication in a newspaper of general circulation
spouses and their children
3. Loss of parental authority decreed by the court
  The law does not distinguish what type of child 138. After dissolution of the ACP or CPG, the provisions on SP shall apply
4. Abandoned the latter or failed to comply with his or her
obligations to the family as provided for in Article 101
139. The petition and final judgment granting the SP shall be recorded in
 Abandoned the conjugal dwelling without intention of returning
and with an intent to absolutely forego his/her family duties
the proper civil registries and registries of property

5. Abused the power of administration granted in the marriage
settlements 140. The SP shall not prejudice the rights acquired by creditors

RA Salanga 1-A Persons and Family Relations Page 33 of 65

141. The spouses may file a motion for a decree to revive the property Chapter 6 REGIME OF SEPARATION OF PROPERTY
regime that existed between them before the SP in any of the following
instances: 143. If the property relation is SP, the provisions of this Chapter shall be
a. Civil interdiction terminates suppletory
b. Absentee spouse reappears
c. The court is satisfied that the spouse granted the power of 144. SP may refer to present or future property or both. It may be total
administration will not again abuse the said power or partial. If it is partial, the property not agreed upon as separate shall
d. When the spouse who left resumes common life with the other pertain to the absolute community
e. Parental authority is judicially restored
145. Administration of property in SP:
f. When the spouses who separated in fact for at least one year,
reconcile and resume common life a. shall own, dispose of, possess, administer and enjoy his or her
own separate estate without need of the consent of the other
g. When the dissolution was voluntary, after the revival of the
former property regime, no voluntary SP may thereafter be b. shall belong all earnings from his/her profession, business or
granted industry and all fruits, natural, industrial or civil, due or received
during the marriage from his/her separate property
The agreement to revive the former property regime shall be executed
under oath and shall specify: 146. Obligations:
a. Properties to be contributed anew to the restored regime a. both spouses shall bear the family expenses in proportion to
b. Those to be retained as separate their income, or in case of insufficiency, to the current market
c. The names of all their creditors, their addresses and the amounts value of their separate properties
owing to each b. liability of the spouses to creditors for family expenses shall be
solidary
142. Transfer of administration when one spouse:
a. becomes the guardian of the other Articles 147 and 148 of the Family Code of the Philippines are the
governing laws on property relations between a man and a woman in a
- the law obliges the spouse to live with and take care of
his/her spouse live-in relationship.
b. judicially declared an absentee
c. sentenced to a penalty with civil interdiction Chapter 7 PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
d. becomes a fugitive from justice or is hiding as an accused in a 147. Structure of Property Relations:
criminal case a. salaries and wages shall be owned by them in equal shares
- fugitive from justice b. property acquired by either spouse exclusively by his/her own
o one who flees to avoid punishment fund belongs to such party
if the other spouse is not qualified by reason of incompetence, c. property acquired by them through their work or industry shall
conflict of interest, or any just cause, the court shall appoint a be governed by the rules on co-ownership; either spouse may
suitable person to be the administrator alienate in favor of the other his/her share in the property
d. property acquired while they live together shall presumed to
have been obtained by their joint efforts, work or industry and
shall be owned by them in equal shares
RA Salanga 1-A Persons and Family Relations Page 34 of 65
 e. a party who did not participate in the acquisition by the other ownership. Any property acquired during the union is prima facie
party of any property shall be deemed to have contributed presumed to have been obtained through their joint efforts. A party who
jointly if the former’s efforts consisted in the care and did not participate in the acquisition of the property shall still be
maintenance of the family and of the household considered as having contributed thereto jointly if said party’s “efforts
f. fruits of the couple’s separate property are not included in the consisted in the care and maintenance of the family household.”
co-ownership
g. property acquired by any of the parties after separation shall be 148. Cohabitation not falling under art. 147
exclusively owned by the party who acquired it Relationships contemplated:
h. neither party can encumber or dispose by acts inter vivos of a. not capacitated to marry
his/her share in the property acquired during cohabitation and b. adulterous marriage even if it occurred prior to the effectivity of
owned in common, without the consent of the other, until after the Family Code
the termination of their cohabitation c. bigamous or polygamous marriage
i. no one can donate or waive any interest in the co-ownership that d. incestuous void marriages under art. 37
would constitute an indirect or direct grant of gratuitous e. void marriages by reason of public policy (art. 38)
advantage to the other which is void pursuant to art. 87
j. when only one of the parties to a void marriage is in good faith, Structure of the Property:
the share of the property in bad faith in the co-ownership shall a. salaries and wages are separately owned and if any of the parties is
be forfeited in favor of their common children married, it shall form part of the property of such legitimate
Requisites to qualify under art. 147: marriage
The man and the woman must b. property acquired solely by funds of any of the parties shall belong
a. be capacitated to marry each other to that party
b. live exclusively with each other as husband and wife c. only properties acquired by both of the parties through their actual
c. be without the benefit of marriage or under a void marriage joint contribution shall be owned by them in common in
proportion to their respective contributions
The Supreme Court held in Valdes vs. Regional Trial Court, Br. 102, d. the respective shares over properties owned in common are
Quezon City, to wit: presumed to be equal. Proof is needed to show their contribution
This peculiar kind of co-ownership applies when a man and a woman, and respective shares are not equal. Without proof, there can be
suffering no legal impediment to marry each other, so exclusively live no presumption of co-ownership and equal sharing
together as husband and wife under a void marriage or without the e. the rule and presumption mentioned above shall apply to joint
benefit of marriage. The term “capacitated” in the provision (in the first deposits of money and evidences of credit
paragraph of the law) refers to the legal capacity of a party to contract f. if one, who is not validly married, acted in bad faith his/her share
marriage, i.e., any “male or female of the age of eighteen years or shall be forfeited in the manner provided in the last paragraph of
upwards not under any of the impediments mentioned in Article 37 and art. 147. This shall also apply even if both acted in bad faith
38” of the Code.
In the cases of Agapay v. Palang, and Tumlos v. Fernandez, which
Under this property regime, property acquired by both spouses through involved the issue of co-ownership of properties acquired by the
their work and industry shall be governed by the rules on equal co- parties to a bigamous marriage and an adulterous relationship,

RA Salanga 1-A Persons and Family Relations Page 35 of 65

 respectively, the Supreme Court ruled that proof of actual Private respondent testified that she deposited part of her earnings in her
contribution in the acquisition of the property is essential. The savings account with First Allied Development Bank. Her Pass Book
claim of co-ownership of the petitioners therein who were parties shows that as of May 23, 1995, she had a balance of P21,046.08. She
to the bigamous and adulterous union is without basis because further stated that she had a total of P35,465.00 share in the joint
they failed to substantiate their allegation that they contributed account deposit which she and the petitioner maintained with the same
money in the purchase of the disputed properties. Also in Adriano bank. Gina declared that said deposits were spent for the purchase of
v. Court of Appeals, the Court ruled that the fact that the construction materials, appliances and other personal properties.
controverted property was titled in the name of the parties to an
adulterous relationship is not sufficient proof of co-ownership In his answer to the complaint, petitioner claimed that the expenses for
absent evidence of actual contribution in the acquisition of the the construction of their house were defrayed solely from his income as a
property. captain of their fishing vessel. He averred that private respondent’s
meager income as fish dealer rendered her unable to contribute in the
The case of Saguid vs. Court of Appeals, G.R. No. 150611, June 10, construction of said house. Besides, selling fish was a mere pastime to
2003 illustrates how the Supreme Court applied Article 148: her; as such, she was contented with the small quantity of fish allotted to
her from his fishing trips. Petitioner further contended that Gina did not
Seventeen-year old Gina S. Rey was married, but separated de facto from work continuously in Japan from 1992 to 1994, but only for a 6-month
her husband, when she met petitioner Jacinto Saguid in Marinduque, duration each year. When their house was repaired and improved
sometime in July 1987. After a brief courtship, the two decided to cohabit sometime in 1995-1996, private respondent did not share in the expenses
as husband and wife in a house built on a lot owned by Jacinto’s father. because her earnings as entertainer were spent on the daily needs and
Their cohabitation was not blessed with any children. Jacinto made a business of her parents. From his income in the fishing business, he
living as the patron of their fishing vessel “Saguid Brothers.” Gina, on the claimed to have saved a total of P130,000.00, P75,000.00 of which was
other hand, worked as a fish dealer, but decided to work as an placed in a joint account deposit with private respondent. This savings,
entertainer in Japan from 1992 to 1994 when her relationship with according to petitioner was spent in purchasing the disputed personal
Jacinto’s relatives turned sour. Her periodic absence, however, did not properties.
ebb away the conflict with petitioner’s relatives. In 1996, the couple
decided to separate and end their 9-year cohabitation.
It is not disputed that Gina and Jacinto were not capacitated to marry
On January 9, 1997, private respondent filed a complaint for Partition each other because the former was validly married to another man at the
and Recovery of Personal Property with Receivership against the time of her cohabitation with the latter. Their property regime therefore
petitioner with the Regional Trial Court of Boac, Marinduque. She alleged is governed by Article 148 of the Family Code, which applies to bigamous
that from her salary of $1,500.00 a month as entertainer in Japan, she marriages, adulterous relationships, relationships in a state of
was able to contribute P70,000.00 in the completion of their unfinished concubinage, relationships where both man and woman are married to
house. Also, from her own earnings as an entertainer and fish dealer, she other persons, and multiple alliances of the same married man. Under
was able to acquire and accumulate appliances, pieces of furniture and this regime, “only the properties acquired by both of the parties through
household effects, with a total value of P111,375.00. She prayed that she their actual joint contribution of money, property, or industry shall be
be declared the sole owner of these personal properties and that the owned by them in common in proportion to their respective contributions
amount of P70,000.00, representing her contribution to the construction ... Proof of actual contribution is required.
of their house, be reimbursed to her.

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In the case at bar, although the adulterous cohabitation of the parties extent of the parties’ respective contribution, their share shall be
commenced in 1987, which is before the date of the effectivity of the presumed to be equal. Here, the disputed personal properties were
Family Code on August 3, 1998, Article 148 thereof applies because this valued at P111,375.00, the existence and value of which were not
provision was intended precisely to fill up the hiatus in Article 144 of the questioned by the petitioner. Hence, their share therein is equivalent to
Civil Code. Before Article 148 of the Family Code was enacted, there was one-half, i.e., P55,687.50 each.
no provision governing property relations of couples living in a state of
adultery or concubinage. Hence, even if the cohabitation or the
acquisition of the property occurred before the Family Code took effect, TITLE V THE FAMILY
Article 148 governs. Chapter 1 THE FAMIILY AS AN INSTITUTION
As in other civil cases, the burden of proof rests upon the party who, as 149. Family
determined by the pleadings or the nature of the case, asserts an  Foundation of the nation
affirmative issue. Contentions must be proved by competent evidence  Basic social institution
and reliance must be had on the strength of the party’s own evidence o Which public policy cherishes and protects
and not upon the weakness of the opponent’s defense. This applies with Family Relations
  Governed by law
more vigor where, as in the instant case, the plaintiff was allowed to
present evidence ex parte. The plaintiff is not automatically entitled to  No custom, practice or agreement destructive of the family
the relief prayed for. The law gives the defendant some measure of shall be recognized or given effect
protection as the plaintiff must still prove the allegations in the 
complaint. Favorable relief can be granted only after the court is 150. Family relations include those: (between/among)
convinced that the facts proven by the plaintiff warrant such relief. a. Husband and wife
Indeed, the party alleging a fact has the burden of proving it and a mere b. Parents and children
allegation is not evidence. c. Other ascendants and descendants
d. Brothers and sisters, whether of the full or half-blood
In the case at bar, the controversy centers on the house and personal 
properties of the parties. Private respondent alleged in her complaint  and by consanguinity not
Does not include relatives by affinity
covered by the above provision
that she contributed P70,000.00 for the completion of their house.   
A strict provision, wherein only those listed are deemed to by
However, nowhere in her testimony did she specify the extent of her 
―family members‖, in relation to the next article
contribution. What appears in the record are receipts in her name for the 
purchase of construction materials on November 17, 1995 and December 151. Suit
23, 1995, in the total amount of P11,413.00.
  Only implies civil actions
On the other hand, both parties claim that the money used to purchase  Does not apply to settlement of estate guardianship,
the disputed personal properties came partly from their joint account custody of children, and habeas corpus
with First Allied Development Bank. While there is no question that both a. None shall prosper between members of the same family
parties contributed in their joint account deposit, there is, however, no unless it should appear from the verified complaint or petition
sufficient proof of the exact amount of their respective shares therein. that earnest efforts towards a compromise have been made,
Pursuant to Article 148 of the Family Code, in the absence of proof of but that the same have failed

RA Salanga 1-A Persons and Family Relations Page 37 of 65

 o Duty to engage in ―earnest efforts to compromise‖ Chapter 2 THE FAMILY HOME
is not required if one of the parties in the suit is not a
―family member‖ 152. Family Home
b. If shown that no such efforts were in fact made, the case must  Constituted jointly by the husband and the wife or by an
be dismissed unmarried head of a family
o Complaint or petition must be verified. If unverified, a. Dwelling house where the family reside
the case will not be dismissed but the court will b. The land where it is situated
require the party to have it verified 
c. This rule shall not apply to cases which may not be the subject the type of property regime or if the marriage has
Not affected by
been nullified
of compromise under the Civil Code 
1. Civil status of persons 153. Family home
2. Validity of a marriage or of a legal separation
3. Any ground for legal separation   deemed constituted on a house and lot from the time it is
4. Future support occupied as a family residence o
element of permanence
5. Jurisdiction of courts
 o occupancy must be actual and not constructive
6. Future legitime
o constituted by operation of law but prior to Family Code,
Exempt from criminal liability, not civil liability, in crimes  it must be constituted judicially or extra-judicially
against property:  continues to be such and is exempt from execution, forced
1. Theft  sale or attachment long as any of its beneficiaries actually
2. Swindling or malicious mischief resides therein

Committed or caused mutually by: o except as hereinafter provided and to the extent of the
1. Spouses, ascendants and descendants, or relatives by value allowed by law.
affinity in the same line 
2. Widowed spouse with respect to the property of the 154. Beneficiaries of a family home are:
deceased spouse before the same shall have passed 1. husband and wife, or an unmarried head of the family
into the possession of another 2. their parents, ascendants, descendants, brothers or sisters,
3. Brothers and sisters, and brothers-in-law and sisters-in- whether legitimate or illegitimate
law, if living together
a. who live in the family home
No prescription for: b. who depend upon the head of the family for legal
1. Husband and wife → even with decree of separation of support
property
  occupancy of (2) must be with the consent of (1)
2. Parents and children → during minority or insanity of the  if the owner decides to sell the family home, he must obtain
latter the consent of a majority of the beneficiaries of legal age

3. Guardian and ward → during continuance of guardianship  the enumeration may include ―in-laws‖ if constituted jointly
by the husband and the wife

Requisites to be a beneficiary:
1. must be among the relationships enumerated in Art. 154

RA Salanga 1-A Persons and Family Relations Page 38 of 65

 2. they live in the Family home b. if the value of the currency changes after the adoption of this
3. they are dependent for legal support upon the head of the family code, the value most favorable for the constitution of a family
home shall be basis of the evaluation
155. Family home is exempt from execution, forced sale or  i.e. before the effectivity of the Family Code, a house
attachment, except for: worth 250k was not judicially constituted as a family
1. non-payment of taxes home, at the time or after the effectivity, the value is
 being the chief source of revenue for the government to keep still the same, it automatically becomes a family
it running, it must be paid immediately and without delay home; or it was 300k then, and after effectivity it
2. debts incurred prior to the constitution of the family home became 400k, it can be considered as a family home
3. debts secured by mortgages on the premises before or after because the 300k is more favorable
such constitution 
158. Family home may be:
4. debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or  sold, alienated, donated, assigned or encumbered
furnished material for the construction of the building by the owner or owners with the written consent:
 debt includes money judgment arising from tort a. of the persons constituting the same
 b. the latter’s spouse
156. Family home: c. majority of the beneficiaries of legal age
a. must be part of the ACP or the CPG, or the exclusive property
of either spouse with the latter’s consent in case of conflict, the court shall decide.
b. may be constituted by an unmarried head of the family on
his/her own property 159. Death of one or both spouses or of the unmarried head of the
c. property that is subject of a conditional sale on installment family:
may be constituted as a family home  the family home shall continue for a period of 10 years or for as
 not an apartment or a house that is merely rented or ha  long as there is a minor beneficiary
house built on a property of another  the heirs cannot partition the same unless the court finds
  compelling reasons therefor
157. Value of the Family home: (at the time of its constitution)  this rule shall apply regardless of whoever owns the property
a. shall not exceed 300k in urban areas and 200k in rural areas, or or constituted the family home
such amounts as may hereafter be fixed by law 
i. urban area → includes chartered cities and municipalities 160. Creditor
whose annual income at least equals that legally required  whose claim is not under Art. 155 obtains a judgment in his
for chartered cities favor and has reasonable belief that the family home is actually
ii. all others are deemed to be rural areas worth more than the amount fixed in Art. 157, he may apply to
 if the value is more than the value fixed by law, such  the court for an order directing the sale of the property under
home is not a family home, and is not exempt from execution
execution, forced sale or attachment o the court shall order if it finds that:

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 i. the actual value exceeds the maximum amount  Paternity and Filiation—refer to the relationship or tie which
allowed by law as of the time of its constitution exists between parents and their children
ii. the increased actual value exceeds the a. By nature
maximum allowed in Art. 157 and results from   Natural filiation:

subsequent voluntary improvements 
Legitimacy or illegitimacy are fixed by law and cannot be
introduced by the person or persons left to the will of the parties or the declaration of any
constituting the family home  physician or midwife
 at the execution sale, no bid below the value allowed for a  Legitimate
 family home shall be considered  Illegitimate
o proceeds shall be applied first to the amount b. By adoption
mentioned in Art. 157 and then to the liabilities under
the judgment and costs 164. Legitimate children
o excess shall be delivered to the judgment debtor 1. Born and conceived during the marriage of the parents
  i.e. the debt is 500k, the family home ‗s current actual value is

2. Conceived by artificial insemination of the wife with the sperm
1M, the bid will start at 300k in an urban area. If it sold for of the husband or that of the donor provided that both of
700k, the 300k will be given to the debtor to be able to build them authorized or ratified such in a written instrument
a new family home, then the 400k to the judgment creditor; executed and signed by them before the birth of the child
but if it is under Art. 155, the 500k debt will be given first,   
 Types of artificial insemination:
then, whatever is left, 200k will be for the judgment debtor 1. Homologous

- the wife is artificially impregnated with the semen of
161. For purposes of availing of the benefits of a family home as her husband, AIH (Artificial Insemination Husband)
provided for in this Chapter, a person may constitute, or be the 2. Heterologous
beneficiary of, only one family home - Artificial insemination of the wife by the semen of a
third-party donor, AID (Artificial Insemination Donor)
162. The provisions in this Chapter shall also given family residences a. Consensual – with the consent of the husband
insofar as said provisions are applicable b. Nonconsensual – without the consent of the husband
 
All existing family residences at the time of the effectivity of  
Non-observance of procedure for artificial insemination shall
constitute a ground to impugn the legitimacy of the child
the Family Code are considered family homes and are 
 
prospectively entitled to the benefits accorded to a family  proof of:
 of legitimacy can only arise upon the convincing
presumption
home under the Family Code.
   the legality of marriage of the parents and
This has no retroactive effect 
 that conception or birth occurred during that marriage
TITLE VI PATERNITY AND FILIATION 
165. Illegitimate children
Chapter 1 LEGITIMATE CHILDREN

163. Filiation of children:  
Conceived and born outside of a valid marriage, unless otherwise
provided in this Code
 Status of the children can never be compromised  Conceive and born outside a valid marriage or inside
a void marriage

RA Salanga 1-A Persons and Family Relations Page 40 of 65

  Exceptions: (Art. 54) between the child and the father with a
1. children conceived or born before the judgment of probability exceeding 98%
annulment or of absolute nullity of the marriage, 3. DNA Test—if the probability of paternity
where the ground for the latter is psychological resulting from DNA is 99.9%, it is refutable
incapacity, has become final and executory 3. In case of artificial insemination, the written authorization or
2. children born from a subsequent void marriage due ratification of either parent was obtained through mistake,
to contracting parties‘ failure to comply with articles fraud, violence, intimidation, or undue influence
52 and 53 
In the event that the grounds are proven, the child
166. Grounds for impugning the legitimacy of a child: will neither be legitimate or illegitimate in so far as
 the husband is concerned but rather the husband 
1. Physical impossibility for the husband to have sexual and the child will not be related to each other
intercourse within 120 of the 300 days which immediately  
As far as the mother is concerned, the child is illegitimate
preceded the birth of the child because of: 
a. Physical incapacity of the husband to have sexual 167. The child shall be considered legitimate although the mother may
intercourse with his wife have declared against its legitimacy or may have been sentenced as an
 Impotence—inability of the male organ to adulteress
copulate, to perform its proper function; physical 
It makes it possible forthe wife to file an action to impugn the
 inability to perform the act of sexual intercourse legitimacy of the child
 The proof of impotency must be clear,   Reasons for adoption of this provision:

satisfactory and convincing, irresistible or 1. In a fit of anger, or to arouse jealousy in the
 positive husband, the wife may have made this declaration
  Sterility—inability to procreate 2. Guaranty in favor of the children whose condition should
b. The fact that they were living separately not be under the mercy of the passions of their parents
c. Serious illness of the husband, which absolutely 3. At the moment of conception, it cannot be
prevented sexual intercourse determined when a woman cohabits during the same
period with two men, by whom the child was
 The illness must be serious and that will begotten, it being possible that it be the husband‘s
absolutely prevent him from engaging in
 sexual intercourse 
  the heirs can invoke the grounds under
Only the husband and
2. Proven by biological or other scientific reasons that the child Article 166 and 167
could not have been that of the husband except in par. (2) of 
The child should had  been delivered by a woman who is the
Art. 164 child‘s natural mother

 Vasectomy—removal of about an inch of the tubes or vas
deferens which is the passage way of the sperm from the 168. If the marriage is terminated and the mother contracted another
 testicle to the urethra and trying the remaining ends marriage within 300 days after such termination, these rules shall
  Scientific tests: govern in the absence of proof to the contrary:
1. A-B-O Test—blood grouping test is accurate 1. A child born before 180 days after the solemnization of the
only in excluding paternity subsequent marriage is considered to have been conceived
2. HLA Test—Human Leukocyte Antigen Test is a during the former marriage, provided it be born within 300
tissue typing test that has shown to prove identity days after the termination of the former marriage
RA Salanga 1-A Persons and Family Relations Page 41 of 65
 2. A child born after 180 days (subsequent marriage) is 171. Impugning by the heirs of the husband only in the following cases:
considered to have been conceived during such marriage, even 1. If the husband should die before the expiration of the period
though it be born within 300 days after the termination of the fixed for bringing his action
former marriage 2. If he should die after the filing of the complaint, without
 Article 168 will apply only in the absence of proof to the having desisted therefrom
 contrary 3. If the child was born after the death of the husband
 The rules do not give any presumption as to legitimacy or   Legitimacy cannot be collaterally attacked or impugned
illegitimacy but merely state when the child is considered to  It can only be impugned through a direct suit precisely filed
 have been conceived. for the purpose of assailing the legitimacy of the child
 The status of the child will depend upon the status of the marriage in
which he or she is considered to have been conceived Chapter 2 PROOF OF FILIATION

169. The legitimacy or illegitimacy of a child born after 300 days 172. The filiation of legitimate children is established by any of the
following the termination of the marriage shall be proved by whoever following:
alleges such legitimacy or illegitimacy 1. Record of birth certificate appearing in the civil register or a
 In the absent of subsequent marriage, the father could be final judgment
 anybody  If the certificate of live birth is signed by the parents,
 A child born after 300 days from possible conception is not particularly the father, such certificate is self-authenticating
accorded any presumption either of legitimacy or illegitimacy and is consummated act and therefore there is no further
  need to file any action for acknowledgment
170. Prescriptive period for actions to impugn legitimacy of the child if:  Declaration of law provided in Art. 164 will prevail over
1. The husband or any heirs reside in the city or municipality  presumption of fact in Art. 172
where the birth took place or was recorded—within 1 year  Final Judgment—a judicial decision bearing on the status of
from the knowledge of the birth or its recording in the civil  the children as legitimate and hence, binding and conclusive
registrar 2. Admission of legitimate filiation in a public document or a
2. The husband or any heirs do not reside at the place of birth or private handwritten instrument and signed by the parent
where it was recorded: concerned
a. 2 years if they reside in the Philippines  Complete act of recognition without need of court action
b. 3 years if they reside abroad In the absence of those above mentioned:
3. The birth has been concealed from or was unknown to the 1. Open and continuous possession of the status of a legitimate
husband or his heirs—the period shall be counted from the child
discovery or knowledge of the birth or of the fact of  Such acts must be of such a nature that they reveal not
registration of such birth, whichever is earlier only the conviction of paternity, but also the apparent
desire to have and treat the child as such in all relations in
 After the lapse of the period of prescription, the status of the
 society and in life, not accidentally, but continuously
child becomes fixed and cannot be questioned anymore
2. Any other means allowed by the Rules of Court and special
laws

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  Pictures, typewritten letters, and affidavits do not Successional ½ of the legitime of a legitimate
 constitute proof of filiation Rights child
 Canonical records such as baptismal record or certificate Surname Father Mother
do not constitute proof of filiation because such is no proof Inheritance No right ab intestate to inherit
of the declarations in the record with respect to the from the legitimate children and
 parentage of the child baptized relatives of his father or mother
  Other proofs of filiation:
a. Baptismal certificate—the father should have Chapter 3 ILLEGITIMATE CHILDREN
participated in the preparation of the same
175. Illegitimate filiation of illegitimate children may be established in
173. The action to claim legitimacy: the same way and on the same evidence as legitimate children.
  
may be brought by the child during his/her lifetime The prescriptive period is the same as with Art. 173, except if under the
 2nd par. of Art. 172, the action may be brought during the lifetime of
and shall be transmitted to the heirs should he/she die during minority
 or in a state of insanity. the alleged parent.

  shall have a period of 5 years within which to
In these cases, the heirs
institute the action. 176. Use of surname of illegitimate children:
 1. Mother—the surname and shall be under the parental her
The action already commenced by the child shall survive 
notwithstanding the death of either or both of the parties authority, and shall be entitled to support in conformity with this

Code.
174. Rights of legitimate children: 2. Father—if the filiation has been expressly recognized through
1. To bear the surname of the father and the mother, in record of birth appearing in the civil register, or when an
conformity with the provisions of the Civil Code on Surnames admission in a public document or private handwritten
2. To receive support from their parents, ascendants, and in instrument is made by the father
proper cases, brothers or sisters, in conformity with the 
provisions of the Civil Code on Support  before the regular courts to prove
Has the right to institute an action
non-filiation during his lifetime
3. To be entitled to the legitime and other successional rights Legitime of an illegitimate child shall consist of ½ of the legitime of a
granted to them by the Civil Code legitimate child.
Legitimate Illegitimate  Art. 211 will apply if the alleged father admits that the child is
Claim of Lifetime regardless of Lifetime with the use of 1st par. his and it is shown that it is really conclusively his child and he
legitimacy / what type of proof in of Art. 172 even acknowledges that the child is his and the said father lives
illegitimacy Art. 172 Lifetime of parent if 2nd par. of together with the child and the mother of the said child under a
Art. 172  void marriage or without the benefit of a marriage
May be transmitted Not transmissible to the heirs o ―the father and the mother shall jointly exercise parental
to the heirs authority over the person of their common children. In
Support Entitled in the direct Entitled in the direct line of case of disagreement, the father’s decision shall prevail,
line of relationship, relationship but only up to unless there is a judicial order to the contrary”
ascendants and his/her grandparents or
descendants grandchildren

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  Once parental authority is vested, it cannot be waived 182. Legitimation may be impugned only by those who are prejudiced
except in cases of adoption, guardianship and surrender to a in their rights, within 5 years from the time their cause of action
children‘s home or an orphan institution accrues
 ―Rights‖—successional rights, the persons who can be
Chapter 4 LEGITIMATED CHILDREN prejudiced in their rights by the process of legitimation are
the legal heirs of the parents
177. Children conceived and born outside of wedlock of parents who,
at the time of conception of the former, were:
TITLE VIII SUPPORT
a. Not disqualified by any impediment to marry each other
b. Disqualified only because either or both of them were below 18 194. Support
years of age 
Comprises everything indispensable for: o
May be legitimated  Sustenance
  Legitimation is purely a statutory creation o Dwelling

 Legitimation will not affect the property rights which have o Clothing
 been already vested  o Medical attendance
  Requirements for legitimation:  o Education, shall include his:
1. The parents do not suffer any legal impediment or are 
disqualified to marry because either or both of them are  education)
his schooling (formal education) or training (non-formal
for some profession, trade or vocation, even beyond
18 years of age at the time of the conception of the child the age of majority
2. The child has been conceived and born outside a valid o Transportation, shall include expenses in going:
marriage 
to and from school, or to and from place of work
3. The parents subsequently enter into a valid marriage. It  
In keeping with the financial capacity of the family
is the last step which by operation of law will finally
legitimate the child. The annulment of a voidable   Support—includes whatever is necessary to keep a person alive
marriage shall not affect the legitimation  Kinds of support:
a. Natural support—basic necessities
b. Civil support—anything beyond the basic necessities
178. Legitimation shall take place by a subsequent valid marriage
between parents. The annulment of a voidable marriage shall not
affect the legitimation 195. The following are obliged to support each other to the whole
extend set forth in the preceding article and subject to the provisions of
the succeeding articles:
179. Legitimated children shall enjoy the same rights as legitimate
a. Spouses
children
 The duty and right to be supported presuppose a valid
 marriage between the parties
180. The effects of legitimation shall retroact to the time of the child’s
birth  Articles 100 and 127 provides that ―a spouse who leaves the
conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported from the conjugal
181. The legitimation of children who died before the celebration of properties or the absolute community of properties‖

the marriage shall benefit their descendants  Support pendente lite between spouses:

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 i. Nullity of marriage—the aggrieved party cannot be given 196. Illegitimate brothers or sisters, whether full or half-blood, are
support pendente lite by the other spouse because nothing likewise bound to support each other except only when the need for
exists except the allegation of marriage or denial thereof support of the brother or sister, being of age, is due to a cause imputable
o Once declared void ab initio, the obligation to give support to the claimant’s fault or negligence
ceases
 Support for illegitimate brothers or sisters, who are of age and
ii. Annulment of marriage—the spouses shall be supported
is due to his or her own fault or negligence, does not become
by the absolute community or the conjugal partnership
o Once declared annulled, the obligation to give support ceases
a demandable right, and therefore, may not be given at all
iii. Legal separation—the spouses shall be supported by the
absolute community or the conjugal partnership 197. For the support of
o Once decreed, Art. 198 states that the ―court may a. Legitimate ascendants
order the guilty spouse to support the innocent one, b. Descendants, whether legitimate or illegitimate
even after the separation has been decreed‖ c. Brothers and sisters, whether legitimately or illegitimately related
b. Legitimate ascendants and descendants Only the separate property of the person obliged to give support
 The obligation to support is to ensure that members of a shall be answerable
family do not allow any member of the same family to
become a burden to society Unless, the obligor has no separate property, the ACP or CPG, if

 In case of conflict, the status of the parties should be financially capable, shall advance the support, which shall be
established before support can be made deducted from the share of the spouse obliged upon the liquidation
 of the ACP or CPG.
c. Parents and their legitimate children and the legitimate and
illegitimate children of the latter  The separate property of the obligor will be liable for the
 Obligation of the parents to support their children and their  support of those relatives enumerated above
grandchildren is premised on the principle that as long as  However, if the legitimate descendants are the common children
one is related by blood, there is no reason why the of the spouses or legitimate children of either of the spouses, the
obligation should fall on society and not on his family  ACP or CPG shall be principally liable for their support

d. Parents and their illegitimate children and the legitimate and  In case of the illegitimate children of either spouse, the mere
illegitimate children of the latter insufficiency of the separate property is enough to make the
ACP or CPG liable in the meantime
 In case the status of the child is at issue, the alleged child
can get support pendente lite from the alleged parent if his
 status as such has been proven provisionally 198. During the proceedings for legal separation or for annulment, and
e. Legitimate brothers or sisters, whether full or half-blood for declaration of nullity of marriage, the spouses and their children shall
 Support is a mandatory obligation that cannot be waived, be supported from the ACP or CPG.
renounced, transmitted or compensated as such obligation is After final judgment granting the petition, the obligation of mutual
necessary for the existence, survival and well-being of the support ceases.
 individual ought to be supported
 Art. 2035 of the Civil Code provides that no compromise shall However, in case of legal separation, the court may order the guilty
be valid upon the question of future support spouse to give support to the innocent one, specifying the terms of
such order.

RA Salanga 1-A Persons and Family Relations Page 45 of 65

 Support from this article is principally obtained from the 203. Obligation to give support shall be
separate property of the spouse from whom support is sought a. demandable from the time the person who has the right to
receive the same needs it for maintenance
199. Whenever two or more persons are obliged to give support, the b. paid only from the date of judicial or extrajudicial demand
liability shall devolve upon the following persons in the order herein o shall be made within the first five days of each corresponding
provided: month
i. Spouse o when recipient dies, his heirs shall not be obliged to return
ii. Descendants in the nearest degree what he has received in advance
iii. Ascendants in the nearest degree
iv. Brother and sisters Support pendente lite may be claimed in accordance with the Rules
of Court.
200. Payment when the obligation to give support falls upon two or  The SC allows payment of support in arrears even though the
more persons reason, like finishing college, have already lapsed by the time
the decision was rendered

Shall be divided between them in proportion to the resources of each
204. Options of the obligor in giving support, to fulfill the obligation
In case of urgent need and by special circumstances either by:
 a. Paying the allowance fixed
The judge may order only one of them to furnish the support
to his right to claim from the other
provisionally, without prejudice b. Receiving and maintaining in the family dwelling the person who
obligors the share due to them has a right to receive support
o Cannot be availed in case there is a moral or legal obstacle
When two or more recipients at the same time claim support from one
thereof
and the same person legally obliged to give it, who has no sufficient
means to satisfy all claims
205. Not levied upon on attachment or execution the
 
  
The order established in the preceding article shall be followed
  Right to receive support
Unless the concurrent obliges should be the spouse and a child  
 Any money or property attained as such support
subject to parental authority
o In which case the child shall be preferred  In case of contractual support or that given by will—the
excess in amount beyond that required for legal support shall
be subject to levy on attachment or execution
201. Amount of support shall be in proportion to the:
a. resources or means of the giver
206. When, without the knowledge of the person obliged to give
b. necessities of the recipient
support, it is given by the stranger
  He shall have the right to claim from the former


202. Support referred to the preceding article shall be a. Unless it appears that he gave it without intention of being
reduced or increased proportionately according to reimbursed
a. the reduction or increase of the necessities of the recipient
b. the resources or means of the person obliged to furnish the  The resulting relationship between the stranger and the
same person obliged to give support is a quasi-contract

RA Salanga 1-A Persons and Family Relations Page 46 of 65

  Quasi-contract—a juridical relation to which arises from certain TITLE IX PARENTAL AUTHORITY
lawful, voluntary and unilateral acts to the end that no one shall
Chapter 1 GENERAL PROVISIONS
 be unjustly enriched or benefited at the expense of the another
  Requirements: 209. Parental authority and responsibility
i. Support has been furnished to a dependent of one bound to 
give such support but fails to do so  Pursuant to the natural right and duty 
of parents over the person and
property of their unemancipated child
ii. The support was supplied by a stranger  
Shall include caring for and rearing for such children for:
iii. The support was given without the knowledge of the person
charged with the duty a. Civic consciousness
b. Efficiency and development of their moral, mental and physical
207. When the person obliged to support another character and well-being
   Parental authority—involves a mass of rights and obligation
 Unjustly refuses or fails to give support when urgently needed by the latter which the law grants for the purpose of the children’s physical
preservation and development, as well as the cultivation of
a. Any third person may furnish support to the needy individual
their intellect and the education of their hearts and senses
with a right of reimbursement from the person obliged to give
support
210. Parental authority and responsibility may not be renounced or
This article shall apply particularly when the father or the mother of transferred except in cases authorized by law
a child under the age of majority unjustly refuses to support or fails  The law allows a waiver of parental authority only in
to give support to the child when urgently needed. a. Adoption
  Requisites: b. Guardianship
i. There is an urgent need to be supported on the part of the recipient c. Surrender to a children’s home or an orphan institution
ii. The person obliged to support unjustly refuses or fails to  Entrusting the custody of a minor to another by the parent,
give the support even in a document, is merely a temporary custody and
iii. A third person furnishes the support to the needy individual  does not constitute renunciation of parental authority
 Only in cases of the parent’s death, absence or unsuitability may
208. In case of contractual support or that given by will, the excess  substitute parental authority be exercised by the surviving parent
amount beyond the required for legal support shall be subject to levy on  Parental authority can be terminated for cause in
attachment or execution. accordance with the legal grounds in Articles 228-232

Furthermore, contractual support shall be subject to adjustment 211. The father and the mother shall jointly exercise parental authority
whenever modification is necessary due to changes in circumstances over the person of their common children. In case of disagreement, the
manifestly beyond the contemplation of the parties. father’s decision shall prevail, unless there is a judicial order to the
 Legal support—mandated by law to be given and that which contrary
 is provided in Art. 194
 Contractual support—one which is entered into by the parties usually Children shall always observe respect and reverence towards their
with reciprocal duties and obligations but is not mandated by law parents and are obliged to obey them as long as the children are under
parental authority.
 Applies to both legitimate and illegitimate children
RA Salanga 1-A Persons and Family Relations Page 47 of 65
 Requisites for the application to illegitimate children: 
a. The father is certain no child under 7 years of age shall be separated from the mother,

b. The illegitimate children are living with the said father and the  unless the court finds compelling reasons to order otherwise
mother, who are cohabiting without the benefit of a marriage or  The designation does not mean that the parental authority of
under a void marriage not falling under Articles 36 and 53 the other parent is necessarily terminated or suspended

 Requisites for Art. 176 where illegitimate children shall be  Parents are never deprived of the custody and care of
 under the parental authority of the mother only:  children except for cause
a. The paternity of the child is unknown  In custody cases, the child’s best interest, which constitutes
b. Though the paternity is certain, the father is not living with the ―cardinal principle‖ and the ―paramount consideration‖
the mother and the child , is the guiding principle

 The basis for altering the decision of the father must however  A habeas corpus—where the question of identity is relevant
rest on substantial, important and serious ground for the  and material—
 paramount interest of the children a. can be availed of to secure the custody of a child in case
 Obligations of the children under Art. 357 of the 1950 Civil the parents are separated from each other
 Code which is still effective: (every child shall) b. is a proper remedy to enable parents to regain custody of a
a. Obey and honor his or her parents or guardian child even though the latter be in the custody of a third person
b. Respect his or her grandparents, old relatives, and persons  Decisions of the courts, even the SC, on the custody of minor
holding substitute parental authority children are always open to adjustments as the circumstances
c. Exert his utmost for his or her education and training relevant to the matter may demand in ht light of the inflexible
d. Cooperate with the family in all matters that make for the  criterion, namely, the paramount interest of the children
good of the same  A compromise judgment has the force of res judicata
between the parties and should not be disturbed except for
212. In case of absence or death of either parent, the parent present vices of consent or forgery
shall continue exercising parental authority. The marriage of the
surviving parent shall not affect the parental authority over the children, 214. In case of death, absence or unsuitability of the parents, substitute
unless the court appoints another person to be the guardian of the parental authority shall be exercised by the surviving grandparent. In
person or property of the children case several survive, the one designated by the court, taking into
 The new spouse, by virtue of his or her marrying the surviving parent, account the same consideration mentioned in the preceding article, shall
does not automatically possess parental authority over the children of exercise the authority.
the surviving parent unless such new spouse adopts the children
215. No descendant shall be compelled, in a criminal case, to testify
213. In case of separation of the parents against his parents and grandparents, except when such testimony is
 indispensable in a crime, against the descendant or by one parent

the parental authority shall be exercised by the parent designated by the
Court against the other
o the Court shall take into account all relevant considerations,  The reason for the privilege is to foster family unity and
especially the choice of the child over 7 y/o, unless the parent tranquility except when the testimony is indispensable in a
chosen is unfit crime against the descendant or by one parent against the
other—a child who was raped by his father-

RA Salanga 1-A Persons and Family Relations Page 48 of 65

  The provision is corollary to marital privilege where the belief is  Neglected child—one whose basic needs have been
 that the husband and the wife are considered as but one person  deliberately unattended or inadequately attended
 The spouses can testify against each other in a  Neglect may occur in two ways:
a. civil case by one against the other a. Physical neglect—when the child is malnourished, ill clad
b. criminal case for a crime committed by one against the other and without proper shelter
b. Emotional neglect exists when children are:
Chapter 2 SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY 1. maltreated, raped or seduced
2. exploited, overworked or made to work under conditions
216. In default of parents or a judicially appointed guardian, the not conducive to good health
following persons shall exercise substitute parental authority over the 3. made to beg in the streets or public places
child in the order indicated: 4. in moral danger, or exposed to gambling, prostitution or
i. Surviving grandparent, as provided in Art. 214 other vices
ii. Oldest brother or sister, over 21 years of ages, unless unfit or  Abused child—comes within the definition of the second kind
disqualified  of neglected child
iii. Child’s actual custodian, over 21 years of age, unless unfit or  Dependent child—dependent upon the public for support
disqualified a. one who is without a parent, guardian or custodian
b. one whose parent, guardian or other custodian for good
Whenever the appointment of a judicial guardian over the property cause desires to be relieved of his care and custody
of the child becomes necessary, the same order of preference shall  No private person, natural or juridical, shall establish,
be observed temporarily or permanently, any child welfare agency without
 Persons exercising substitute parental authority shall:  first securing a license from the Dept. of Social Welfare
a. Have all the rights of the parents (Art. 220) o Such license shall not be transferable and shall be used only by the
b. Have the same authority over the person of the child as the person or institution to which it was issued at the place
parents (Art. 233) stated therein
c. Be civilly liable for the injuries and damages caused by the o No license shall be granted unless the purpose or function
acts or omissions of the unemancipated children living in of the agency is clearly defined and stated in writing
their company and under their parental authority (Art. 221)  Transfer of legal or parental authority over the child can be:
 The order established is not mandatory because it is the paramount a. Voluntary—the parent or guardian of a dependent,
interest of the child which must be the basis of the custody and care abandoned or neglected child may voluntarily commit or
surrender him in writing to the Dept. of Social Welfare or
217. In case of foundlings, abandoned, neglected or abused children and any duly licensed child-placement agency or individual
b. Involuntary—the Dept. of Social Welfare Secretary or his
other children similarly situated, parental authority shall be entrusted in
authorized representative or any duly-licensed child-placement
summary proceedings to heads of children’s homes, orphanages and
agency having knowledge of a child who appears to be
similar institutions duly accredited by the proper government agency.
dependent, abandoned or neglected, may file a verified
 Foundling—a newborn child abandoned by its parents who petition to the proper court for involuntary commitment of said
 are unknown child to the care of any duly licensed child-placement agency
 Abandoned child—one who has no proper parental care or
guardianship, or whose parents or guardians have deserted
him for a period of at least 6 continuous months
RA Salanga 1-A Persons and Family Relations Page 49 of 65
218. The school, its administrators and teachers, or the individual, entity o This applies if the students, pupils or apprentices are not
or institution engaged in child care shall have special parental authority anymore minor children
and responsibility over the minor child while under their supervision,
instruction or custody. Chapter 3 EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF
THE CHILDREN
Authority and responsibility shall apply to all authorized activities
whether inside or outside the premises of the school, entity or 220. The parents and those exercising parental authority shall have with
institution. respect to their unemancipated children or wards the following rights
 Persons and entities given by law special parental and duties:
 authority: o School, its administrators and teachers i. To keep them in their company, to support, educate and instruct
 o Individual, entity or institution engaged in child care them by right precept and good example, and to provide for their
 Special parental authority—can be exercised only over upbringing in keeping with their means;
 minors while under their supervision, instruction or custody ii. To give them love and affection, advice and counsel,
  The teacher must be the teacher-in-charge companionship and understanding;
 Being in custody—the protective and supervisory custody that the iii. To provide them with moral and spiritual guidance, inculcate in
school and its head and teachers exercise over the pupils and students them honesty, integrity, self-discipline, self-reliance, industry and
for as long as they are in attendance in the school, including recess thrift, stimulate their interest in civic affairs, and inspire in them
compliance with the duties of citizenship;
219. Prinpally and solidarily liable iv. To furnish them with good and wholesome educational
 materials, supervise their activities, recreation and association
those given authority and responsibility under Art. 218 for the
 caused by the acts or omissions of the unemancipated
damages with others, protect them from bad company, and prevent them
 minor from acquiring habits detrimental to their health, studies and
 morals;
 the proper diligence
shall not apply if it is proved that they exercised
required under the particular circumstances v. To represent them in all matters affecting their interests;
vi. To demand from them respect and obedience;
Subsidiarily liable
vii. To impose discipline on them as may be required under the


parents, judicial guardians or the persons exercising substitute parental circumstances; and
authority
viii. To perform such other duties as are imposed by law upon
All other cases not covered by this and the preceding articles shall be parents and guardians.
governed by the provisions of the Civil Code on quasi-delicts
 The relationship between parents and their minor children
 Those with subsidiary liability will only be liable if the persons naturally gives rise to various rights and obligations affecting
 with special authority cannot satisfy their liability the welfare of, and the parents’ control over, the child

 The Court is not disposed to expect from the teacher the  Art. 46 of the Child Youth Welfare Code enumerates 8 duties of the
same measure of responsibility imposed on the parent, for parents toward their children with an additional duty from Art. 225
their influence over the child is not equal in degree 
  Whenever proper, parents shall allow the child to participate
 Art. 2180 of the Civil Code provides that ―teachers or heads in the discussion of family affairs, especially in matters that
of establishments of arts and trades shall be liable for particularly concern him
damages caused by their pupils and students or apprentices
so long as they remain in their custody‖
RA Salanga 1-A Persons and Family Relations Page 50 of 65
  If the child is gifted, his parents shall report this fact to the National  Guardians ad litem—officers of the court in a limited sense,
Center for Gifted Children or to other agencies concerned so that and the office of such guardian is to represent the interest or
 official assistance or recognition may be extended to him the incompetent or the minor

  They may inflict a reasonable measure of corporal punishment  Appointment of a guardian ad litem is addressed to the sound
 A child who ―voluntarily abandons the parent’s home for the discretion of the court and designed to assist the court in the
purpose of seeking its fortune in the world or to avoid parental  determination of the best interest of the child
 discipline and restraint, that child forfeits the claim to support‖   In determining the selection of a guardian, the court may consider the:
  Art. 356 of the 1950 Civil Code provides the rights of the children: a. Financial situation
a. Entitled to parental care b. Business acumen
b. Shall receive at least elementary education c. Physical condition
c. Shall be given moral and civic training by the parents or guardian d. Morals, character and conduct
d. Has a right to live in an atmosphere conducive to his e. Present and past history of a prospective appointee
physical, moral and intellectual development f. Probability of his being able to exercise the powers and
 PD 603 or the Child Youth Welfare Code also provides for the duties of guardian for the full period during which
rights of the child guardianship will be necessary
 A court cannot appoint a guardian who is not personally
221. Parents and other persons exercising parental authority shall be subject to its jurisdiction
civilly liable for the injuries and damages caused by the acts or omissions
of their unemancipated children living in their company and under their 223. The parents or, in their absence or incapacity, the individual, entity
parental authority subject to the appropriate defenses provided by law or institution exercising parental authority, may petition the proper
 For liability on the part of the parents to attach, the court of the place where the child resides, for an order providing for
unemancipated child must be living in their company and disciplinary measures over the child. The child shall be entitled to the
 under their parental authority assistance of counsel, either of his choice or appointed by the court, and
 This principle is a species of—vacarious liability or the doctrine of a summary hearing shall be conducted wherein the petitioner and the
―imputed intelligence‖—where a person is not only liable for torts child shall be heard.
committed by himself, but also for torts committed by other with
whom he has a certain relationship and for whom he is responsible However, if in the same proceeding the court finds the petitioner at

 The legislature has elected to limit extra-contractual liability to fault, irrespective of the merits of the petition, or when the
cases in which moral culpability can be directly imputed to the circumstances so warrant, the court may also order the deprivation or
persons to be charged suspension of parental authority or adopt such other measures as it may
deem just and proper
222. The courts may appoint a guardian of the child’s property, or a
guardian ad litem when the best interests of the child so require 224. The measures referred to in the preceding article may include the
 Guardian—a person who acts for another commitment of the child for not more than thirty days in entities or
 Ward—a person whom the law regards as incapable of institutions engaged in child care or in children's homes duly accredited
managing his own affairs by the proper government agency.
The parent exercising parental authority shall not interfere with the care
of the child whenever committed but shall provide for his support. Upon
RA Salanga 1-A Persons and Family Relations Page 51 of 65
proper petition or at its own instance, the court may terminate the  two cases where a parent cannot be the administrator of the
commitment of the child whenever just and proper  property of his or her children:
a. Art. 923 of the Civil Code
Chapter 4 EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF ―Children and descendants of the person disinherited shall
THE CHILDREN take his or her place and shall preserve the rights of
compulsory heirs with respect to the legitime, but the
225. Father and mother disinherited parent shall not have the usufruct or
 administration of the property which constitutes the legitime‖

Jointly exercise legal guardianship over the property of their unemancipated
b. Art. 1035 of the Civil Code
common child without the necessity of a court
appointment. ―If the person excluded from the inheritance by reason of incapacity
should be a child or descendant of the decedent and should have
o In case of disagreement, the father’s decision shall prevail, unless
there is a judicial order to the contrary children or descendants, the latter shall acquire his right to the
legitime. The person so excluded shall not enjoy the usufruct and
Where the market value of the property or annual income of the administration of the property thus inherited by his children.‖
child exceeds P50,000
  The committee considers P50,000 as the amount when the
be required to furnish a bond in such amount as
The parent concerned shall property is valuable enough to require a bond on the basis of
the court may determine
the current valuation, considering the possible abuse by the
o But not less than 10% of the value of the property or annual parents and the expensiveness of the bond
income 
 Giving such bond is a condition or ―qualification‖ precedent
o To guarantee the performance of the obligations prescribed for to the vesting of the authority to administer

general guardians  Any act done without or before the giving of the bond is a nullity
 
A verified petition for approval of the bond shall be filed in the  The purpose of the bond is to guarantee the performance of
a. proper court of the place where the child resides the obligations prescribed for general guardians

b. if the child resides in a foreign country, in the proper court of  The parent’s authority over the estate of the ward as a legal
place where the property or any part thereof is situated guardian would not extend to acts of encumbrance or disposition,
  as distinguished from acts of management or administration
The petition shall be docketed as a summary special proceeding in
which all incidents and issues regarding the performance of the  A guardian has no authority to sell real estate of his ward, merely
obligations referred toin the second paragraph of this Article shall by reason of his general powers, and in the absence of any special
 be heard and resolved  authority to sell conferred by will, statute, or order of the court
  A sale of the ward’s realty by the guardian without authority
The ordinary rules on guardianship shall be merely suppletory
except when the child is under substitute parental authority, or the  from the court
 Guardianship proceeding:

guardian is a stranger, or a parent has remarried, in which case the
a. the rules on guardianship are suppletory—if the guardian
ordinary rules on guardianship shall apply
 there is no more need for a judicial court order appointing the are the parents
b. the ordinary rules on guardianship shall apply—if the child is under
 parents as guardians
1. substitute parental authority
 regardless of the value of the unemancipated child’s property,
2. the guardian is a stranger
the father and the mother ipso jure become the legal guardian
3. a parent has remarried
of the child’s property

RA Salanga 1-A Persons and Family Relations Page 52 of 65

226. The property of the unemancipated child Chapter 5 SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
a. earned or acquired with his work or industry
228. Parental authority terminates permanently:
b. by onerous or gratuitous title
  a. Upon the death of the parents;
 shall belong to the child in ownership
  b. Upon the death of the child; or
shall be devoted exclusively to the latter's support and education,
c. Upon emancipation of the child
unless the title or transfer provides otherwise.
 A child is emancipated upon reaching the age of majority
The right of the parents over the fruits and income of the child's which is 18 years
property shall be limited 
a. primarily to the child's support  Emancipation—terminates parental authority over the person
and property of the child and he or she is hereby qualified to
b. secondarily to the collective daily needs of the family do all acts of civil life save for exceptions established by
 If the child’s property is more than sufficient to maintain the  existing laws in special cases
said child, the said properties may be used to defray the  Effects of Art. 228:
collective needs of the family 1. Parental authority is terminated permanently

―the events happen with no fault on the part of the parents‖
227. If the parents entrust the management or administration of any of 2. Parental authority cannot be revived
their properties to an unemancipated child

the net proceeds of such property shall belong to the owner 229. Unless subsequently revived by a final judgment, parental authority

the child shall be given a reasonable monthly allowance in an amount also terminates:
not less than that which the owner would have paid if the  Effects of Art. 229:
administrator were a stranger, unless the owner, grants the entire o Termination is not permanent
proceeds to the child o Parental authority can be revived by court order
 
In any case, the proceeds thus given in whole or in part shall not be charged to
the child's legitime. Revival is allowed because the grounds ―are events
  or with the fault of the
without the fault of the parents
 Parents who have engaged their unemanicipated children to parents but without malice
take care of their properties, shall only be entitled to the net a. Upon adoption of the child;
 fruits of the properties so managed  Art. 229 will not apply in cases where the biological parent
 The unemancipated child shall first be given a monthly  is the spouse of the adopter, wherein
reasonable allowance taken from the gross proceeds of the o All legal ties between the biological parent and the adoptee
 property for the said month shall be severed and the same shall then be vested on the
 All other expenses of the administration and management of adopter upon the finality of a judicial adoption decree
 the property shall be taken from the proceeds 
The adoptee shall be considered the legitimate
 The balance left shall be considered the net proceeds which son/daughter of the adopter/s for all intents and purposes
 will go to the parents and as such is entitled in all the rights and obligations
 Exception to all the rules is when the parent-owner just  
provided by law to legitimate sons/daughters born to
them without discrimination of any kind
 decides to grant the entire proceeds to the child
 In case the adoption decree is rescinded
  Compensation—refers to an employer-employee relationship
a. such rescission shall extinguish all reciprocal rights and
  Allowance—refers to a family relation
obligations between the adopters and the adopted child
 ―in whole‖—entire proceeds; ―in part‖—allowance
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 b. the parental authority of the adoptee’s biological parent, if iii. Marital authority
known, or the legal custody of the DSWD, if the adoptee is iv. To manage his property
still a minor or incapacitated, shall be restored v. To dispose of such property by any act or conveyance inter vivos
b. Upon appointment of a general guardian;  There is no judicial declaration of civil interdiction and this ground is
 Guardian appointed by the court shall have the distinct because ―there is automatic revival of parental authority‖ once
a. care and custody of the person of his or her ward  the sentence is served or upon pardon or amnesty of the offender
b. management of his or her estate  Civil interdiction results in termination of parental authority,
c. Upon judicial declaration of abandonment of the child in a case which can be revived without a need of a court order
filed for the purpose;
 Abandonment 231. The court in an action filed for the purpose in a related case may
a. means neglect or refusal to perform the natural and also suspend parental authority if the parent or the person exercising the
legal obligation of care and support which parents owe same:
to their children  The suspension or deprivation can be judicially decreed in a
b. imports any conduct on the part of the parent which case specifically filed for that purpose or in a related case

evinces a settled purpose to forego all parental duties  ―in a related case‖—―off-shoot of an incident or a collateral
and relinquish all parental claims to the child pronouncement in another case‖; ―an independent or
 ―a case filed for the purpose‖—a judicial decision arising from collateral proceeding‖
 a case precisely filed for the declaration of abandonment a. Treats the child with excessive harshness or cruelty;
d. Upon final judgment of a competent court divesting the party  Parents have the duty to discipline their children which
concerned of parental authority; or authorizes them to inflict some form of corporal
 The court may divest the parents of their parental authority  punishment, the same should not be excessive
 over their children if the welfare of the children demands  Parents should not treat their children with cruelty whether
 A decree of termination must be issued only upon clear,  or not they have any ostensible reason to do so
 convincing and positive proofs b. Gives the child corrupting orders, counsel or example;
e. Upon judicial declaration of absence or incapacity of the person  Parents have the duty to provide the children with moral and
exercising parental authority spiritual guidance, inculcate in them honesty, integrity and self-
 A separate case can be filed using the judicial declaration discipline and stimulate in them in their interest in civil affais
of absence or incapacity to terminate parental authority c. Compels the child to beg; or
  Destroys the potential of the child to be a productive
230. Parental authority is suspended upon conviction of the parent or  citizen of the country
the person exercising the same of a crime which carries with it the  Parents have the duty to inculcate in the children self-
penalty of civil interdiction. The authority is automatically reinstated  reliance through lawful activities
upon service of the penalty or upon pardon or amnesty of the offender. d. Subjects the child or allows him to be subjected to acts of
 Civil interdiction—an accessory penalty imposed lasciviousness
o Involves the deprivation of the offender, during the time of  A parent subjecting his/her children to acts of
his/her sentence, of the rights of lasciviousness manifests a perverse, morally depraved
i. Parental authority and highly repugnant attitude destructive of the well-being
ii. Guardianship, either as to the person or property of any ward of the children and the family

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  to inflict physical injuries, he/she cannot be held feloniously
The grounds enumerated are deemed to include cases which have liable for the criminal offense
 
resulted from culpable negligence of the parent or the person
exercising parental authority  Aside from the termination of parental authority for an erring or abusive
 parent, the state has provided laws which make it a crime for
If the degree of seriousness so warrants, or the welfare of the child parents to seriously mistreat their children
so demands, the court shall deprive the guilty party of parental o Art. 59 of PD 603 provides for the ground where the parents may
authority or adopt such other measures as may be proper under
 the circumstances
be held criminally liable for mistreating their children and for the
penalty of imprisonment from 2 or 6 months or a fine not
 exceeding P500, or both, at the discretion of the Court, unless a
The suspension or deprivation may be revoked and the parental
authority revived in a case filed for the purpose or in the same higher penalty is provided for in the RPC or special laws, without
proceeding if the court finds that the cause therefor has ceased prejudice to actions for involuntary commitment of the child
and will not be repeated  On June 17, 1992, Pres. Aquino approved RA 7160,
otherwise known as the ―Special Protection of Children
232. If the person exercising parental authority has subjected the child Against Child Abuse, Exploitation and Discrimination Act‖
or allowed him to be subjected to sexual abuse, such person shall be
permanently deprived by the court of such authority TITLE X EMANCIPATION AND AGE OF MAJORITY
 A serious a act of moral depravity and corruption
234. Emancipation takes place by the attainment of majority. Unless
 Parental authority cannot be revived if the parents or the persons
otherwise provided, majority commences at the age of 18 years. (as
exercising parental authority are found to have subjected the child
amended by RA 6809)
 or allowed him/her to be subjected to sexual abuse
 Marriage is not anymore a ground for emancipation because a person
 If it is the parents who entrust the child in such acts, he/she who decides to get married is necessarily at least 18 years of age
may be deprived, temporarily or perpetually, in the discretion 
of the court, of their parental authority and shall be punished  Upon emancipation, he/she may now sue or be sued without
by the penalty of prision correccional in its minimum and the assistance of the father, mother or guardian
medium periods and a fine not exceeding P500
235. Repealed by RA 6809
233. The person exercising substitute parental authority shall have the
same authority over the person of the child as the parents. 236. Emancipation for any cases shall terminate parental authority over
 the person and property of the child who shall then be qualified and
In no case shall the school administrator, teacher of individual engaged responsible for all acts of civil life, save the exceptions established by
in child care exercising special parental authority inflict corporal
punishment upon the child existing laws in special cases.
 Corporal punishment—infliction of physical disciplinary 
Contracting marriage shall require parental consent until the age of 21
measures to a student
o This is absolutely prohibited under the Family Code  This does not make parental consent an essential nor a formal
 Only persons exercising special parental authority cannot requirement of marriage in the sense that its absence will render the
inflict corporal punishment marriage void
 o because the capacity to act is already full, meaning a
 While a teacher may be administratively or civilly liable, it has been
person can enter into any agreement with legal effect
held that where there was no criminal intent on the part of the teacher

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  However, absence of parental consent will render the TITLE XI SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
 marriage annullable under Art. 45
Chapter 1 SCOPE OF APPLICATION

Nothing in this Code shall be construed to derogate from the duty
or responsibility of parents and guardians for children and wards 238. Until modified by the Supreme Court, the procedural rules provided
below 21 years of age mentioned in the 2nd and 3rd paragraphs of for in this Title shall apply in all cases provided for in this Code requiring
 Art. 2180 of the Civil Code. (as amended by RA 6809) summary court proceeding. Such cases shall be decided in an expeditious
 ―save the exceptions established by existing laws in special manner, without regard to technical rules.
cases‖— provides to take care of the parents’ tort liability even
 if the child is emancipated but below 21 years of age Chapter 2 SEPARATION IN FACT BETWEEN HUSBAND AND WIFE
 Source of confusion for the last paragraph:
The liability of parents under Art. 2180(2) attaches only in case 239. When a husband and wife are separated in fact, or one has
where the ―minor‖ children live in their company. A minor under abandoned the other and one of them seeks judicial authorization for a
the Civil Code was considered to be a person below 21 years of transaction where the consent of the other spouse is required by law but
age. Following the Elcano ruling, even if the minor becomes such consent is withheld or cannot be obtained, a verified petition may
emancipated, the parents can still be liable under Art. 2180(2) be filed in court alleging the foregoing facts.
because Art. 399 provides that such minor, though emancipated,  An unverified petition cannot be given consideration by the court
 cannot sue or be sued without the assistance of the parents. 
 Under the present Family Code, there is no provision similar to
The petition shall attach the proposed deed, if any, embodying the
Art. 399. The link therefore for liability on the part of the parents to transaction, and, if none, shall describe in detail the said transaction
and state the reason why the required consent thereto cannot be
attach even if the children are emancipated is not anymore
secured. In any case, the final deed duly executed by the parties shall
present. In this regard, the last paragraph of Art. 236 appears to be submitted to and approved by the court.
have no basis for referring the ―duty or responsibility of parents
 The approval of the court shall protect the transacting spouse
 and guardians and wards below 21 years old
and third persons who are directly affected by the transaction
 Applicability of the last
paragraph: a. Parents
240. Claims for damages by either spouse, except costs of the
o The father and, in case of his death or incapacity, the
proceedings, may be litigated only in a separate action
mother, are responsible for the damages caused by the
children between 18 and 21 who live in their company  A claim for damages usually entails a lengthy process, the
b. Guardians—liable for damages if the said persons are law provides that damages, except costs of the proceedings,
under their authority and live in their company may be litigated only in a separate action
 In Elcano ruling, the liability of parents for the acts or
omissions of their emancipated children living in their 241. Jurisdiction over the petition shall, upon proof of notice to the
custody is subsidiary, then the same subsidiary liability other spouse, be exercised by the proper court authorized to hear family
should apply under the last par. of Art. 236 cases, if one exists, or in the regional trial court or its equivalent sitting in
 the place where either of the spouses resides.
237. Repealed by RA 6809  RA 8369, otherwise known as the Family Courts Act of 1997,
established the family courts which are exclusively tasked to
 take cognizance of family cases such as
a. custody of children
RA Salanga 1-A Persons and Family Relations Page 56 of 65
 b. annulment or nullity cases  Judgment will be rendered on the basis of the facts and
c. adoption  evidence presented
d. termination of parental authority  The judge may grant or deny the petition

242. Upon the filing of the petition, the court shall notify the other 246. If the petition is not resolved at the initial conference, said petition
spouse, whose consent to the transaction is required, of said petition, shall be decided in a summary hearing on the basis of affidavits,
ordering said spouse to show cause why the petition should not be documentary evidence or oral testimonies at the sound discretion of the
granted, on or before the date set in said notice for the initial court. If testimony is needed, the court shall specify the witnesses to be
conference. The notice shall be accompanied by a copy of the petition heard and the subject-matter of their testimonies, directing the parties
and shall be served at the last known address of the spouse concerned to present said witnesses.
 Once the petition is filed, due process requires that the other
party shall be given the chance to comment on the petition 247. The judgment of the court shall be immediately final and executor
 and to show cause why the petition should not be granted
 A decision becomes final and executor after the lapse of 15
 The responded likewise may nevertheless manifest his/her days from the time the parties receive a copy of the decision
agreement in which case the suit shall become moot and academic

 Without an injunction from the higher court, the decision can
be executed even if it is pending in the said higher court
243. A preliminary conference shall be conducted by the judge
personally without the parties being assisted by counsel. After the initial 248. The petition for judicial authority to administer or encumber
conference, if the court deems it useful, the parties may be assisted by specific separate property of the abandoning spouse and to use the
counsel at the succeeding conferences and hearings fruits or proceeds thereof for the support of the family shall also be
 Preliminary conference—aimed at having the parties settle governed by these rules
amicably their differences on the transaction involved so that  Art. 248 refers to par. 3 of both Articles 100 and 127 which
 the judicial proceedings can be further shortened
essentially provides that the separation in fact between
 During initial conference, the parties will not be assisted by husband and wife shall not affect either the ACP or the CPG
 counsel where the judge will conduct the proceedings personally except that, among others, in the absence of sufficient
 However, if the judge finds out that the issues are complicated community or conjugal property, the separate property of both
and that any of the spouses does not really have a complete spouses shall be solidarily liable for the support of the family

understanding of the transaction and its consequences, lawyers  The spouse present shall, upon petition in a summary
may be allowed to assist the parties in the next hearings proceeding, be given judicial authority to administer or encumber
any specific separate property of the other spouse and use the
244. In case of non-appearance of the spouse whose consent is sought, fruits or proceeds thereof to satisfy the latter’s share
the court shall inquire into the reasons for his failure to appear, and shall
require such appearance, if possible Chapter 3 INCIDENTS INVOLVING PARENTAL AUTHORITY

245. If, despite all efforts, the attendance of the non-consenting spouse 249. Petitions filed under Articles 223, 225 and 235 of this Code involving
parental authority shall be verified
is not secured, the court may proceed ex parte and render judgment as
the facts and circumstances may warrant. In any case, the judge shall  Art. 223—a case seeking a court order providing for
endeavor to protect the interests of the non-appearing spouse disciplinary measures over the child

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  Art. 225—a case for the approval of the bond required of parents  Articles 96 and 124—annulment of the husband’s decision in the
 who exercise parental authority over the property of their children administration and enjoyment of the community or conjugal property in
 Art. 235—a case on emancipation has already been repealed case the husband’s decision is in conflict with the wife’s decision
by RA 6809
TITLE XII FINAL PROVISIONS
250. Such petitions shall be verified and filed in the proper court of the
254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No.
place where the child resides
386, otherwise known as the Civil Code of the Philippines, as amended,
 The venue of the case shall be the court of the place where
the child resides for the benefit and convenience of the child and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of
Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended, and all laws, decrees, executive orders,
251. Upon the filing of the petition, the court shall notify the parents or,
proclamations, rules and regulations, or parts thereof, inconsistent
in their absence or incapacity, the individuals, entities or institutions
herewith are hereby repealed.
exercising parental authority over the child
 The Family Code is intended to be the principal law that shall
 The court must undertake everything possible for the benefit govern family relations
of the child and must issue decisions having the paramount 
 For the implied repeal to operate, those enumerated above, there must
interest of the child as the inflexible criterion
be a substantial irreconcilable conflict in connection with the provisions
found in existing and prior acts with those of Family Code
252. The rules in Chapter 2 hereof shall also govern summary
proceedings under this Chapter insofar as they are applicable
255. If any provision of this Code is held invalid, all the other provisions
 The proceedings in the court cases referred to in Articles 223 and not affected thereby shall remain valid
225 shall likewise be summary in nature for the benefit of the child
 The provisions in the Family Code are separable in the sense that
 invalidity of one provision will not necessarily invalidate the whole law
Chapter 4 OTHER MATTERS SUBJECT TO SUMMARY PROCEEDINGS
 However, invalidity of a particular provision necessarily invalidates
253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern those other provisions which are affected by the said invalidity
summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and
217, insofar as they are applicable 256. This Code shall have retroactive effect insofar as it does not
 Art. 41---judicial declaration of a spouse as presumptively dead prejudice or impair vested or acquired rights in accordance with the Civil
 Art. 51—an action of a child for the delivery of his/her Code or other laws
 presumptive legitime  Vested right
 Art. 69—judicial determination of the family domicile in case a. an immediate fixed right of present and future payment
of disagreement of the spouses b. a right which is fixed, unalterable, absolute, complete and

 Art. 73—court adjudication of the validity of a spouse’s unconditional to the exercise of which no obstacle exists, and
objection to the profession of the other spouse which is perfect in itself and not dependent upon a contingency

 Art. 217—court order entrusting foundlings, abandoned,
neglected or abused children and other children similarly 257. This Code shall take effect one year after the completion of its
situated to heads of children’s homes, orphanages and similar publication in a newspaper of general circulation, as certified by the
institutions duly accredited by the proper government agency Executive Secretary, Office of the President.

RA Salanga 1-A Persons and Family Relations Page 58 of 65

Publication shall likewise be made in the Official Gazette.  Again, Art. 294 is repealed by Art. 199
 The publication of the Family Code of the Philippines, in the  Any undertaking that would, in a way, ―disturb‖ the dead must
Manila Chronicle, a newspaper of general circulation, was be with the consent of those who will be greatly affected
 completed on Aug. 4, 1987.
 Hence, the said Code took effect on Aug. 3, 1988 309. Any person who shows disrespect to the dead, or wrongfully
interferes with a funeral shall be liable to the family of the deceased for
TITLE X FUNERALS damages, material and moral.
305. The duty and the right to make arrangements for the funeral of a
relative 310. The construction of a tombstone or mausoleum shall be deemed a
 part of the funeral expenses, and shall be chargeable to the conjugal
shall be in accordance with the order established for support, under Art. 294 partnership property, if the deceased is one of the spouses.
 Art. 294 is repealed by Art. 199 which provides the following order:
1. Spouse TITLE XII CARE AND EDUCATION OF
2. Descendants in the nearest degree CHILDREN 356. Every child:

 the oldest shall be preferred
1. Is entitled to parental care;
3. Ascendants in the nearest degree

 the paternal shall have a better right
2. Shall receive at least elementary education;
3. Shall be given moral and civic training by the parents or guardian;
4. Brothers and sisters
  4. Has a right to live in an atmosphere conducive to his physical,
the oldest shall be preferred
moral and intellectual development.
306. Every funeral shall be in keeping with the social position of the 357. Every child shall:
deceased.
1. Obey and honor his parents or guardian;
 The kind of funeral is the last manifestation of the kind of life
2. Respect his grandparents, old relatives, and persons holding
which the deceased has attained
substitute parental authority;
3. Exert his utmost for his education and training;
307. The funeral shall be in accordance with the expressed wishes of the
deceased. 4. Cooperate with the family in all matters that make for the good of
the same.
In the absence of such expression, his religious beliefs or affiliation shall
determine the funeral rites. 358. Every parent and every person holding substitute parental authority
shall see to it that the rights of the child are respected and his duties
In case of doubt, the form of the funeral shall be decided upon by the
person obliged to make arrangements for the same, after consulting the complied with, and shall particularly, by precept and example, imbue the
other members of the family. child with high-mindedness, love of country, veneration for the national
heroes, fidelity to democracy as a way of life, and attachment to the
ideal of permanent world peace.
308. No human remains shall be retained, interred, disposed of or
exhumed without the consent of the persons mentioned in articles 294
and 305.

RA Salanga 1-A Persons and Family Relations Page 59 of 65

359. The government promotes the full growth of the faculties of every o label or appellation which he bears for the convenience of the world at
child. For this purpose, the government will establish, whenever large addressing him, or in speaking of or dealing with him
possible: o both personal as well as public interest that every person
must have a name
1. Schools in every barrio, municipality and city where optional
religious instruction shall be taught as part of the curriculum at the  Two parts of the name of an individual:
option of the parent or guardian; 1. Given or proper name

2. Puericulture and similar centers;  Given to the individualat birth or at baptism, to distinguish him
from other individuals
3. Councils for the Protection of Children; and   
May be freely selected by the parents of the child
4. Juvenile courts.
2. Surname or family name

360. The Council for the Protection of Children shall look after the   to which he belongs and is continued from
Identifies the family
parent to child
welfare of children in the municipality. It shall, among other functions:   Fixed by law

1. Foster the education of every child in the municipality; 3. Middle names
2. Encourage the cultivation of the duties of parents;   Serve to identify the maternal lineage or filiation of a person

3. Protect and assist abandoned or mistreated children, and orphans; 
 To further distinguish him or her from others who 
may have the
4. Take steps to prevent juvenile delinquency; same given name and surname as he or she has
5. Adopt measures for the health of children;  Characteristics of a name:
6. Promote the opening and maintenance of playgrounds 1. Absolute, intended to protect the individual from being
7. Coordinate the activities of organizations devoted to the welfare of confused with others
children, and secure their cooperation. 2. Obligatory in some respects, for nobody can be without a name
3. Fixed, unchangeable or immutable, at least at the start, and
361. Juvenile courts will be established, as far as practicable, in every maybe changed only for good cause and by judicial proceedings
chartered city or large municipality. 4. Outside the commerce of man, and therefore inalienable and
intransmissible by act inter vivos or mortis causes
5. Imprescriptible
362. Whenever a child is found delinquent by any court, the father,
mother, or guardian may in a proper case be judicially admonished.
TITLE XIII USE OF SURNAMES

363. In all questions on the care, custody, education and property of 364. Legitimate and legitimated children shall principally use the
children the latter's welfare shall be paramount. No mother shall be surname of the father.
separated from her child under seven years of age, unless the court finds  The SC ruled that the worked ―principally‖ used in Art. 364 is
compelling reasons for such measure. not equivalent to ―exclusively‖ so that there is no legal
USE OF SURNAMES obstacle if a legitimate or legitimated child should choose to
 A person’s name is the designation by which he is known and use the surname of the mother to which it is equally entitled
 called in the community in which he lives and is best known
 Name— 365. An adopted child shall bear the surname of the adopter.
o word or combination of words by which a person is
distinguished from other individuals

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366. A natural child acknowledged by both parents shall principally use 2. If she is innocent—Maria Cruz or Maria Cruz-Santos
the surname of the father. If recognized by only one of the parents, a
natural child shall employ the surname of the recognizing parent. 372. When legal separation has been granted, the wife shall continue
367. Natural children by legal fiction shall principally employ the using her name and surname employed before the legal separation.
surname of the father.
373. A widow may use the deceased husband's surname as though he
368. Illegitimate children referred to in Article 287 shall bear the were still living, in accordance with Article 370.
surname of the mother.
374. In case of identity of names and surnames, the younger person shall
369. Children conceived before the decree annulling a voidable marriage be obliged to use such additional name or surname as will avoid
shall principally use the surname of the father. confusion.
 Godfather’s name is Juan Santos, so, the godson’s name
370. A married woman may use: should have an additional name, Juan Pedro Santos
1. Her maiden first name and surname and add her husband's
surname, or 375. In case of identity of names and surnames between ascendants and
2. Her maiden first name and her husband's surname or descendants, the word "Junior" can be used only by a son. Grandsons
3. Her husband's full name, but prefixing a word indicating that she is and other direct male descendants shall either:
his wife, such as "Mrs." 1. Add a middle name or the mother's surname, or
 Art. 370 is directory and permissive in character because when a woman 2. Add the Roman Numerals II, III, and so on.
 gets married, she does not change her name but only her civil status  Only the son can use the word ―junior‖
 The use of surname is a fundamental right  If Juan Santos names his son after his father, Roberto Santos,
 Four alternatives in the use of name of a married woman: such son shall be named Roberto Santos II
 (Corazon Cojuangco married to Benigno Aquino, Jr.)
1. Corazon Cojuangco 376. No person can change his name or surname without judicial
2. Corazon Cojuangco-Aquino authority.
3. Corazon Aquino  Repealed by RA 9048, otherwise known as ―An Act Authorizing The
4. Mrs. Benigno Aquino, Jr. City Or Municipal Civil Registrar Or The Consul General To Correct A
Clerical Or Typographical Error In An Entry And/Or Change Of First
371. In case of annulment of marriage, and the wife is the guilty party, Name Or Nickname In The Civil Registrar Without Need Of Judicial
she shall resume her maiden name and surname. If she is the innocent  Order. Amending For This Purpose Articles 376 And 412 Of The Civil
spouse, she may resume her maiden name and surname. However, she  Code Of The Philippines.‖
may choose to continue employing her former husband's surname,  Sec. 4. Grounds for Change of First Name or Nickname. –the
unless: petition for change of first name or nickname may be allowed in
1. The court decrees otherwise, or any of the following cases:
2. She or the former husband is married again to another person. o The petitioner finds the first name or nickname to be ridiculous,
tainted with dishonor or extremely difficult to write or pronounce
 Forms of name of the women when her marriage is annulled:
 (Maria Cruz-Santos’ married to Juan Santos)
1. If she is guilty—Maria Cruz
RA Salanga 1-A Persons and Family Relations Page 61 of 65
 o The new first name or nickname has been habitually and continuously 379. The employment of pen names or stage names is permitted,
used by the petitioner and he has been publicly known by the first provided it is done in good faith and there is no injury to third persons.
names or nicknames in the community Pen names and stage names cannot be usurped.
o The change will avoid confusion
 A change of name is a privilege and not a matter of right where 380. Except as provided in the preceding article, no person shall use
the petitioner must show proper or reasonable cause or any different names and surnames.
 compelling reason which may justify such change
 A change of surname is a matter of judicial discretion which
TITLE XIV ABSENCE
must be exercised in the light of the reasons adduced and the
 consequences that will likely follow Chapter 1 PROVISIONAL MEASURES IN CASE OF ABSENCE
 Proper and reasonable causes or compelling reasons for
change of surname: 381. When a person disappears from his domicile, his whereabouts
1. A ridiculous name, a name tainted with dishonor, or a name being unknown, and without leaving an agent to administer his property,
extremely difficult to write or pronounce the judge, at the instance of an interested party, a relative, or a friend,
2. A change of civil status may appoint a person to represent him in all that may be necessary.
3. A need to avoid confusion
4. A sincere desire to adopt a Filipino name to erase signs of a former This same rule shall be observed when under similar circumstances the
alien nationality which unduly hamper social and business life, in power conferred by the absentee has expired.
the absence of prejudice to the State or any individual
 A change of name does not alter family relations, rights or 382. The appointment referred to in the preceding article having been
 duties, legal capacity, civil status or citizenship made, the judge shall take the necessary measures to safeguard the
 Publication of the petition for change of name is essential for rights and interests of the absentee and shall specify the powers,
the court to acquire jurisdiction obligations and remuneration of his representative, regulating them,
according to the circumstances, by the rules concerning guardians.
377. Usurpation of a name and surname may be the subject of an action
for damages and other relief. 383. In the appointment of a representative, the spouse present shall be
 Usurpation of a name preferred when there is no legal separation.
o Implies some injury to the interests of the owner of the name
o There is a possibility of confusion between the owner and the If the absentee left no spouse, or if the spouse present is a minor, any
usurper o Exists when a person designates himself by another name competent person may be appointed by the court.
 Elements of usurpation of a name:  ―or if the spouse present is a minor‖ has been repealed by
1. There is an actual use of another’s name RA 6809 which lowered the emancipation age to 18
2. The use is unauthorized
3. The use of another’s name is to designate personality or Chapter 2 DECLARATION OF ABSENCE
identify a person
384. Two years having elapsed without any news about the absentee or
since the receipt of the last news, and five years in case the absentee has
378. The unauthorized or unlawful use of another person's surname
gives a right of action to the latter. left a person in charge of the administration of his property, his absence
may be declared.

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385. The following may ask for the declaration of absence: Chapter 4 PRESUMPTION OF DEATH
1. The spouse present;
 This can be a source for an involuntary judicial separation of 390. After an absence of seven years, it being unknown whether or not
property, therefore, a basis for the termination of absolute the absentee still lives, he shall be presumed dead for all purposes,
community property or conjugal partnership of grains except for those of succession.

2. The heirs instituted in a will, who may present an authentic copy of  Absence from his domicile for the amount of years specified
the same; where his existence is doubtful and may be presumed dead
3. The relatives who may succeed by the law of intestacy; The absentee shall not be presumed dead for the purpose of opening his
4. Those who may have over the property of the absentee some right succession till after an absence of ten years. If he disappeared after the
subordinated to the condition of his death. age of seventy-five years, an absence of five years shall be sufficient in
order that his succession may be opened.
386. The judicial declaration of absence shall not take effect until six  Except for the purpose of remarriage under Art. 41 of the
months after its publication in a newspaper of general circulation. Family Code, there is no need for filing a case to declare
that one is presumptively dead
Chapter 3 ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE 
391. The following shall be presumed dead for all purposes, including the
387. An administrator of the absentee's property shall be appointed in division of the estate among the heirs:
accordance with Article 383. 1. A person on board a vessel lost during a sea voyage, or an
aeroplane which is missing, who has not been heard of for four
388. The wife who is appointed as an administratrix of the husband's years since the loss of the vessel or aeroplane;
property cannot alienate or encumber the husband's property, or that of 2. A person in the armed forces who has taken part in war, and has
the conjugal partnership, without judicial authority. been missing for four years;
 While the provision refers only to the wife, a husband likewise 3. A person who has been in danger of death under other
is prohibited from alienating the properties of the wife without circumstances and his existence has not been known for four years.
her consent under the Family Code
392. If the absentee appears, or without appearing his existence is
389. The administration shall cease in any of the following cases: proved, he shall recover his property in the condition in which it may be
1. When the absentee appears personally or by means of an agent; found, and the price of any property that may have been alienated or
2. When the death of the absentee is proved and his testate or the property acquired therewith; but he cannot claim either fruits or
intestate heirs appear; rents.
 If the person dies without a will, intestate proceedings will
be instituted where a new administrator of his or her estate Chapter 5 EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE
 shall be appointed ABSENTEE
3. When a third person appears, showing by a proper document that
he has acquired the absentee's property by purchase or other title. 393. Whoever claims a right pertaining to a person whose existence is
In these cases the administrator shall cease in the performance of his not recognized must prove that he was living at the time his existence
office, and the property shall be at the disposal of those who may have a was necessary in order to acquire said right.
right thereto.

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  If a person is known to be dead and there is a controversy as to the TITLE XVI CIVIL REGISTRY
validity of a transaction allegedly entered into by him, the person
claiming validity must prove that , at the time it was entered into, the 407. Acts, events and judicial decrees concerning the civil status of
person who entered the contract or incurred the obligation was alive persons shall be recorded in the civil register.

 If some right exists in favor of a deceased and such right is
sought to be enforced, the individual seeking to enforce such 408. The following shall be entered in the civil register:
right must prove that the right was vested in favor of the 1. births;
deceased while the latter was still living 2. marriages;
3. deaths;
394. Without prejudice to the provision of the preceding article, upon 4. legal separations;
the opening of a succession to which an absentee is called, his share 5. annulments of marriage;
shall accrue to his co-heirs, unless he has heirs, assigns, or a 6. judgments declaring marriages void from the beginning;
representative. They shall all, as the case may be, make an inventory of 7. legitimations;
the property. 8. adoptions;
 The disposition of the inheritance of an absentee shall benefit either 9. acknowledgments of natural children;
 his or her co-heirs or his or her own heirs, assigns or representatives 10. naturalization;
 Example: A and B are brothers. A was declared an absentee. Their 11. loss, or recovery of citizenship;
father died leaving P100k but without a last will. B will get P50k, while 12. civil interdiction;
A will not get anything being an absentee but since he has a son, A’s 13. judicial determination of filiation;
son will inherit the P50k originally for A by right of representation 14. voluntary emancipation of a minor; and
15. changes of name.
395. The provisions of the preceding article are understood to be
without prejudice to the action of petition for inheritance or other rights 409. In cases of legal separation, adoption, naturalization and other
which are vested in the absentee, his representatives or successors in judicial orders mentioned in the preceding article, it shall be the duty of
interest. These rights shall not be extinguished save by lapse of time the clerk of the court which issued the decree to ascertain whether the
fixed for prescription. In the record that is made in the Registry of the same has been registered, and if this has not been done, to send a copy
real estate which accrues to the coheirs, the circumstance of its being of said decree to the civil registry of the city or municipality where the
subject to the provisions of this article shall be stated. court is functioning.
 This right to claim the inheritance by the absentee is also
 given to the absentee’s representatives or successors. 410. The books making up the civil register and all documents relating
 However, the absentee, his or her representatives or successors thereto shall be considered public documents and shall be prima facie
must file the petition within the prescriptive period provided by law evidence of the facts therein contained.
 Contents of birth records, including birth certificate, are
396. Those who may have entered upon the inheritance shall confidential and cannot be revealed except when obtained by
appropriate the fruits received in good faith so long as the absentee  those interested therein, namely:
does not appear, or while his representatives or successors in interest do 1. The person himself, or any person authorized by him
not bring the proper actions.

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 2. His or her spouse, parent or parents, direct descendants, or
the guardian or institution legally in charge of him or her if
he or she is a minor
3. The court or proper public official whenever absolutely
necessary in administrative, judicial or other official
proceedings to determine the identity of the child’s parents
or other circumstances surrounding his birth
4. In case of the person’s death, the nearest of kin

411. Every civil registrar shall be civilly responsible for any unauthorized
alteration made in any civil register, to any person suffering damage
thereby. However, the civil registrar may exempt himself from such
liability if he proves that he has taken every reasonable precaution to
prevent the unlawful alteration.

412. No entry in a civil register shall be changed or corrected, without a

judicial order.
 Repealed by RA 9048 where there is no need of a judicial order
for changing a name because of clerical or typographical errors
or change in the name or nickname of a person, but all other
changes need to pass through a judicial proceeding

413. All other matters pertaining to the registration of civil status shall
be governed by special laws.
 Act Numbered 3753, otherwise known as the Civil Registry Law,
provides for the registration of documents evidencing acquisition or
termination of a particular civil status such as legitimation, adoption,
change of name, marriage, termination of such marriage and others.

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