Real property as well as personal property is subject to

Applicability of Penal Laws the law of the country where it is stipulated.

NCC 14:
Penal laws and those of public security and safety shall However, intestate and testamentary successions, both
be obligatory upon all who live or sojourn in the Philippine with respect to the order of succession and to the amount
territory, subject to the principles of public international of successional rights and to the intrinsic validity of
law and to treaty stipulations. testamentary provisions, shall be regulated by the
national law of the person whose succession is under
NCC 17 (3): consideration, whatever may be the nature of the
Prohibitive laws concerning persons, their acts or property and regardless of the country wherein said
property, and those which have for their object public property may be found.
order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated, NCC 17:
or by determinations or conventions agreed upon in a The forms and solemnities of contracts, wills, and other
foreign country. public instruments shall be governed by the laws of the
country in which they are executed.
RPC Art. 2:
Application of its provisions. - Except as provided in the When the acts referred to are executed before the
treaties and laws of preferential application, the diplomatic or consular officials of the Republic of the
provisions of this Code shall be enforced not only within Philippines in a foreign country, the solemnities
the Philippine Archipelago, including its atmosphere, its established by Philippine laws shall be observed in their
interior waters and maritime zone, but also outside of its execution.
jurisdiction, against those who:
Prohibitive laws concerning persons, their acts or
1. Should commit an offense while on a Philippine ship or property, and those which have for their object public
airship order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated,
2. Should forge or counterfeit any coin or currency note or by determinations or conventions agreed upon in a
of the Philippine Islands or obligations and securities foreign country.
issued by the Government of the Philippine Islands;
NCC 18:
3. Should be liable for acts connected with the In matters which are governed by the Code of Commerce
introduction into these islands of the obligations and and special laws, their deficiency shall be supplied by the
securities mentioned in the presiding number; provisions of this Code.

4. While being public officers or employees, should NCC 19:

commit an offense in the exercise of their functions; or Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone
5. Should commit any of the crimes against national his due, and observe honesty and good faith.
security and the law of nations, defined in Title One of
Book Two of this Code. NCC 20:
Every person who, contrary to law, wilfully or negligently
causes damage to another, shall indemnify the latter for
the same.
Binding Effect
NCC 15: NCC 21:
Laws relating to family rights and duties, or to the status, Any person who wilfully causes loss or injury to another
condition and legal capacity of persons are binding upon in a manner that is contrary to morals, good customs or
citizens of the Philippines, even though living abroad. public policy shall compensate the latter for the damage.
Cf. FC 26:
All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where Concept of a “person” and “personality”
they were solemnized, and valid there as such, shall also NCC 37:
be valid in this country, except those prohibited under Juridical capacity, which is the fitness to be the subject of
Articles 35 (1), (4), (5) and (6), 3637 and 38. legal relations, is inherent in every natural person and is
lost only through death. Capacity to act, which is the
power to do acts with legal effect, is acquired and may be
NCC 16: lost.
NCC 38: executed and signed by them before the birth of the child.
Minority, insanity or imbecility, the state of being a deaf- The instrument shall be recorded in the civil registry
mute, prodigality and civil interdiction are mere together with the birth certificate of the child.
restrictions on capacity to act, and do not exempt the
incapacitated person from certain obligations, as when FC 180:
the latter arise from his acts or from property relations, The effects of legitimation shall retroact to the time of the
such as easements. child's birth.
NCC 39:
The following circumstances, among others, modify or RPC Art. 256:
limit capacity to act: age, insanity, imbecility, the state of Intentional abortion. - Any person who shall intentionally
being a deaf-mute, penalty, prodigality, family relations, cause an abortion shall suffer:
alienage, absence, insolvency and trusteeship. The
consequences of these circumstances are governed in 1. The penalty of reclusion temporal, if he shall use any
this Code, other codes, the Rules of Court, and in special violence upon the person of the pregnant woman.
laws. Capacity to act is not limited on account of religious
belief or political opinion. 2. The penalty of prision mayor if, without using violence,
he shall act without the consent of the woman.
A married woman, twenty-one years of age or over, is
qualified for all acts of civil life, except in cases specified 3. The penalty of prision correccional in its medium and
by law. maximum periods, if the woman shall have consented.

RPC Art. 257:

Natural Persons (Birth) Unintentional abortion. - The penalty of prision
NCC 40: correccional in its minimum and medium period shall be
Birth determines personality; but the conceived child shall imposed upon any person who shall cause an abortion by
be considered born for all purposes that are favorable to violence, but unintentionally.
it, provided it be born later with the conditions specified in
the following article. RPC Art. 258:
Abortion practiced by the woman herself of by her
NCC 41: parents. - The penalty of prision correccional in its
For civil purposes, the foetus is considered born if it is medium and maximum periods shall be imposed upon a
alive at the time it is completely delivered from the woman who shall practice abortion upon herself or shall
mother's womb. However, if the foetus had an intra- consent that any other person should do so.
uterine life of less than seven months, it is not deemed
born if it dies within twenty-four hours after its complete Any woman who shall commit this offense to conceal her
delivery from the maternal womb. dishonor, shall suffer the penalty of prision correccional in
its minimum and medium periods.
1987 Consti, Art. 2, Sec. 12:
The State recognizes the sanctity of family life and shall If this crime be committed by the parents of the pregnant
protect and strengthen the family as a basic autonomous woman or either of them, and they act with the consent of
social institution. It shall equally protect the life of the said woman for the purpose of concealing her dishonor,
mother and the life of the unborn from conception. The the offenders shall suffer the penalty of prision
natural and primary right and duty of parents in the correccional in its medium and maximum periods.
rearing of the youth for civic efficiency and the
development of moral character shall receive the support RPC Art. 259:
of the Government. Abortion practiced by a physician or midwife and
dispensing of abortives. - The penalties provided in
P.D. 603 (Child and Youth Welfare Code), Art. 5: Article 256 shall be imposed in its maximum period,
Commencement of Civil Personality. - The civil respectively, upon any physician or midwife who, taking
personality of the child shall commence from the time of advantage of their scientific knowledge or skill, shall
his conception, for all purposes favorable to him, subject cause an abortion or assist in causing the same.
to the requirements of Article 41 of the Civil Code.
Any pharmacist who, without the proper prescription from
FC 164 (2): a physician, shall dispense any abortive shall suffer
Children conceived as a result of artificial insemination of arresto mayor and a fine not exceeding 1,000 pesos.
the wife with the sperm of the husband or that of a donor
or both are likewise legitimate children of the husband
and his wife, provided, that both of them authorized or Death
ratified such insemination in a written instrument NCC 42:
Civil personality is extinguished by death. private interest or purpose to which the law grants a
juridical personality, separate and distinct from that of
The effect of death upon the rights and obligations of the each shareholder, partner or member.
deceased is determined by law, by contract and by will.
NCC 45:
NCC 43: Juridical persons mentioned in Nos. 1 and 2 of the
If there is a doubt, as between two or more persons who preceding article are governed by the laws creating or
are called to succeed each other, as to which of them recognizing them.
died first, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, it is Private corporations are regulated by laws of general
presumed that they died at the same time and there shall application on the subject.
be no transmission of rights from one to the other.
Partnerships and associations for private interest or
ROC Rule 131, Sec. 3 (jj-kk): purpose are governed by the provisions of this Code
(jj) That except for purposes of succession, when two concerning partnerships.
persons perish in the same calamity, such as wreck,
battle, or conflagration, and it is not shown who died first, NCC 46:
and there are no particular circumstances from which it Juridical persons may acquire and possess property of all
can be inferred, the survivorship is determined from the kinds, as well as incur obligations and bring civil or
probabilities resulting from the strength and the age of criminal actions, in conformity with the laws and
the sexes, according to the following rules: regulations of their organization.

1. If both were under the age of fifteen years, the older is NCC 47:
deemed to have survived; Upon the dissolution of corporations, institutions and
other entities for public interest or purpose mentioned in
2. If both were above the age sixty, the younger is No. 2 of article 44, their property and other assets shall
deemed to have survived; be disposed of in pursuance of law or the charter creating
them. If nothing has been specified on this point, the
3. If one is under fifteen and the other above sixty, the property and other assets shall be applied to similar
former is deemed to have survived; purposes for the benefit of the region, province, city or
municipality which during the existence of the institution
4. If both be over fifteen and under sixty, and the sex be derived the principal benefits from the same.
different, the male is deemed to have survived, if the sex
be the same, the older; Batas Pambansa Blg. 68 (Corp. Code), Sec. 2:
Corporation defined. – A corporation is an artificial being
5. If one be under fifteen or over sixty, and the other created by operation of law, having the right of
between those ages, the latter is deemed to have succession and the powers, attributes and properties
survived. expressly authorized by law or incident to its existence.

(kk) That if there is a doubt, as between two or more Batas Pambansa Blg. 68 (Corp. Code), Sec. 4:
persons who are called to succeed each other, as to Corporations created by special laws or charters. –
which of them died first, whoever alleges the death of Corporations created by special laws or charters shall be
one prior to the other, shall prove the same; in the governed primarily by the provisions of the special law or
absence of proof, they shall be considered to have died charter creating them or applicable to them,
at the same time. supplemented by the provisions of this Code, insofar as
they are applicable.

Juridical Persons Batas Pambansa Blg. 68 (Corp. Code), Sec. 17:

NCC 44: Grounds when articles of incorporation or amendment
The following are juridical persons: may be rejected or disapproved. – The Securities and
Exchange Commission may reject the articles of
(1) The State and its political subdivisions; incorporation or disapprove any amendment thereto if the
same is not in compliance with the requirements of this
(2) Other corporations, institutions and entities for public Code: Provided, That the Commission shall give the
interest or purpose, created by law; their personality incorporators a reasonable time within which to correct or
begins as soon as they have been constituted according modify the objectionable portions of the articles or
to law; amendment. The following are grounds for such rejection
or disapproval:
(3) Corporations, partnerships and associations for
1. That the articles of incorporation or any amendment belief or political opinion.
thereto is not substantially in accordance with the form
prescribed herein; Cf. NCC 1327:
The following cannot give consent to a contract:
2. That the purpose or purposes of the corporation are
patently unconstitutional, illegal, immoral, or contrary to (1) Unemancipated minors;
government rules and regulations;
(2) Insane or demented persons, and deaf-mutes who do
3. That the Treasurer’s Affidavit concerning the amount of not know how to write.
capital stock subscribed and/or paid is false;

4. That the percentage of ownership of the capital stock Minority & Age of Majority
to be owned by citizens of the Philippines has not been R.A. 6809:
complied with as required by existing laws or the Section 1. Article 234 of Executive Order No. 209, the
Constitution. Family Code of the Philippines, is hereby amended to
read as follows:
No articles of incorporation or amendment to articles of
incorporation of banks, banking and quasi-banking "Art. 234.Emancipation takes place by the attainment
institutions, building and loan associations, trust of majority. Unless otherwise provided, majority
companies and other financial intermediaries, insurance commences at the age of eighteen years."
companies, public utilities, educational institutions, and
other corporations governed by special laws shall be FC 234:
accepted or approved by the Commission unless Emancipation takes place by the attainment of majority.
accompanied by a favorable recommendation of the Unless otherwise provided, majority commences at the
appropriate government agency to the effect that such age of twenty-one years.
articles or amendment is in accordance with law.
NCC 1767: FC 236:
By the contract of partnership two or more persons bind Emancipation for any cause shall terminate parental
themselves to contribute money, property, or industry to a authority over the person and property of the child who
common fund, with the intention of dividing the profits shall then be qualified and responsible for all acts of civil
among themselves. life.

Two or more persons may also form a partnership for the FC 221:
exercise of a profession. The following shall be void and of no effect:

NCC 1768: (1) Any contract for personal separation between

The partnership has a juridical personality separate and husband and wife;
distinct from that of each of the partners, even in case of
failure to comply with the requirements of article 1772, (2) Every extra-judicial agreement, during marriage, for
first paragraph. the dissolution of the conjugal partnership of gains or of
the absolute community of property between husband
and wife;
Restrictions on capacity to act
NCC 38: (3) Every collusion to obtain a decree of legal separation,
Minority, insanity or imbecility, the state of being a deaf- or of annulment of marriage;
mute, prodigality and civil interdiction are mere
restrictions on capacity to act, and do not exempt the (4) Any simulated alienation of property with intent to
incapacitated person from certain obligations, as when deprive the compulsory heirs of their legitime.
the latter arise from his acts or from property relations,
such as easements. FC 225:
The father and the mother shall jointly exercise legal
NCC 39: guardianship over the property of the unemancipated
The following circumstances, among others, modify or common child without the necessity of a court
limit capacity to act: age, insanity, imbecility, the state of appointment. In case of disagreement, the father's
being a deaf-mute, penalty, prodigality, family relations, decision shall prevail, unless there is a judicial order to
alienage, absence, insolvency and trusteeship. The the contrary.
consequences of these circumstances are governed in
this Code, other codes, the Rules of Court, and in special Where the market value of the property or the annual
laws. Capacity to act is not limited on account of religious income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such
amount as the court may determine, but not less than ten (a) death, continued absence, or incapacity of his
per centum (10%) of the value of the property or annual parents;
income, to guarantee the performance of the obligations
prescribed for general guardians. (b) suspension, deprivation or termination of parental
authority; chan robles virtual law library
A verified petition for approval of the bond shall be filed in
the proper court of the place where the child resides, or, if (c) remarriage of his surviving parent, if the latter Is found
the child resides in a foreign country, in the proper court unsuitable to exercise parental authority; or
of the place where the property or any part thereof is
situated. (d) when the best interests of the minor so require.

The petition shall be docketed as a summary special Sec. 5. Qualifications of guardians. – In appointing a
proceeding in which all incidents and issues regarding guardian, the court shall consider the guardian’s:
the performance of the obligations referred to in the
second paragraph of this Article shall be heard and (a) moral character;
resolved.
(b) physical, mental and psychological condition;
The ordinary rules on guardianship shall be merely
suppletory except when the child is under substitute (c) financial status;
parental authority, or the guardian is a stranger, or a
parent has remarried, in which case the ordinary rules on (d) relationship of trust with the minor;
guardianship shall apply.
(e) availability to exercise the powers and duties of a
guardian for the full period of the guardianship;
Minority
A.M. No. 03-02-05-SC Rules on Guardianship: (f) lack of conflict of interest with the minor; and
Section 1. Applicability of the Rule. – This Rule shall
apply to petitions for guardianship over the person or (g) ability to manage the property of the minor.
property, or both, of a minor.
Sec. 6. Who may be appointed guardian of the person
The father and the mother shall jointly exercise legal or property, or both, of a minor. – In default of parents
guardianship over the person and property of their or a court-appointed guardian, the court may appoint a
unemancipated common child without the necessity of a guardian of the person or property, or both, of a minor,
court appointment. In such case, this Rule shall be observing as far as practicable, the following order of
suppletory to the provisions of the Family Code on preference:
guardianship.
(a) the surviving grandparent and In case several
Sec. 2. Who may petition for appointment of grandparents survive, the court shall select any of them
guardian. – On grounds authorized by law, any relative taking Into account all relevant considerations;
or other person on behalf of a minor, or the minor himself
if fourteen years of age or over, may petition the Family (b) the oldest brother or sister of the minor over twenty-
Court for the appointment of a general guardian over the one years of age, unless unfit or disqualified;
person or property, or both, of such minor. The petition
may also be filed by the Secretary of Social Welfare and (c) the actual custodian of the minor over twenty-one
Development and by the Secretary of Health in the case years of age, unless unfit or disqualified; and
of an insane minor who needs to be hospitalized.
(d) any other person, who in the sound discretion of the
Sec. 3. Where to file petition. – A petition for court, would serve the best interests of the minor
guardianship over the person or property, or both, of a
minor may be filed in the Family Court of the province or Sec. 7. Contents of petition. – A petition for the
city where the minor actually resides. If he resides in a appointment of a general guardian must allege the
foreign country, the petition shall be filed with the Family following:
Court of the province or city where his property or any
part thereof is situated. (a) The jurisdictional facts;

Sec. 4. Grounds of petition. - The grounds for the (b) The name, age and residence of the prospective
appointment of a guardian over the person or property, or ward;
both, of a minor are the following:
(c) The ground rendering the appointment necessary or the affidavit, if one is executed instead, shall be attached
convenient; to said applications.

(d) The death of the parents of the minor or the FC 45 (1):

termination, deprivation or suspension of their parental A marriage may be annulled for any of the following
authority; causes, existing at the time of the marriage:

(e) The remarriage of the minor’s surviving parent; (1) That the party in whose behalf it is sought to have the
marriage annulled was eighteen years of age or over but
(f) The names, ages, and residences of relatives within below twenty-one, and the marriage was solemnized
the 4th civil degree of the minor, and of persons having without the consent of the parents, guardian or person
him in their care and custody; having substitute parental authority over the party, in that
order, unless after attaining the age of twenty-one, such
(g) The probable value, character and location of the party freely cohabited with the other and both lived
property of the minor; and together as husband and wife;

(h) The name, age and residence of the person for whom FC 35 (1):
letters of guardianship are prayed The following marriages shall be void from the beginning:

The petition shall be verified and accompanied by a (1) Those contracted by any party below eighteen years
certification against forum shopping. However, no defect of age even with the consent of parents or guardians;
in the petition or verification shall render void the
issuance of letters of guardianship. Cf. R.A. 6809:
AN ACT LOWERING THE AGE OF MAJORITY FROM
TWENTY-ONE TO EIGHTEEN YEARS, AMENDING
Suffrage FOR THE PURPOSE EXECUTIVE ORDER NUMBERED
1987 Consti, Art. 5, Sec. 1: TWO HUNDRED NINE, AND FOR OTHER PURPOSES
Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law, who are at Section 1. Article 234 of Executive Order No. 209, the
least eighteen years of age, and who shall have resided Family Code of the Philippines, is hereby amended to
in the Philippines for at least one year and in the place read as follows:
wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, "Art. 234. Emancipation takes place by the attainment of
or other substantive requirement shall be imposed on the majority. Unless otherwise provided, majority commences
exercise of suffrage. at the age of eighteen years."
Section 2. Articles 235 and 237 of the same Code are
hereby repealed.
Marriage
FC 5: Section 3. Article 236 of the same Code is also hereby
Any male or female of the age of eighteen years or amended to read as follows:
upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage. "Art. 236. Emancipation shall terminate parental authority
over the person and property of the child who shall then
FC 14: be qualified and responsible for all acts of civil life, save
In case either or both of the contracting parties, not the exceptions established by existing laws in special
having been emancipated by a previous marriage, are cases.
between the ages of eighteen and twenty-one, they shall,
in addition to the requirements of the preceding articles, "Contracting marriage shall require parental consent until
exhibit to the local civil registrar, the consent to their the age of twenty-one.
marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the "Nothing in this Code shall be construed to derogate from
order mentioned. Such consent shall be manifested in the duty or responsibility of parents and guardians for
writing by the interested party, who personally appears children and wards below twenty-one years of age
before the proper local civil registrar, or in the form of an mentioned in the second and third paragraphs of Article
affidavit made in the presence of two witnesses and 2180 of the Civil Code."
attested before any official authorized by law to
administer oaths. The personal manifestation shall be Section 4. Upon the effectivity of this Act, existing wills,
recorded in both applications for marriage license, and bequests, donations, grants, insurance policies and
similar instruments containing references and provisions
favorable to minors will not retroact to their prejudice.
Where necessaries are those sold and delivered to a
Section 5. This Act shall take effect upon completion of minor or other person without capacity to act, he must pay
its publication in at least two (2) newspapers of general a reasonable price therefor. Necessaries are those
circulation. referred to in article 290.

Approved: December 13, 1989 NCC 1426:

When a minor between eighteen and twenty-one years of
FC 79: age who has entered into a contract without the consent
For the validity of any marriage settlement executed by a of the parent or guardian, after the annulment of the
person upon whom a sentence of civil interdiction has contract voluntarily returns the whole thing or price
been pronounced or who is subject to any other disability, received, notwithstanding the fact that he has not been
it shall be indispensable for the guardian appointed by a benefited thereby, there is no right to demand the thing or
competent court to be made a party thereto. price thus returned.

NCC 1427:
Contracts When a minor between eighteen and twenty-one years of
NCC 1327: age, who has entered into a contract without the consent
The following cannot give consent to a contract: of the parent or guardian, voluntarily pays a sum of
money or delivers a fungible thing in fulfillment of the
(1) Unemancipated minors; obligation, there shall be no right to recover the same
from the obligee who has spent or consumed it in good
(2) Insane or demented persons, and deaf-mutes who do faith.
not know how to write.

NCC 1390 (1): Criminal Liability

The following contracts are voidable or annullable, even RPC 12 (2) - (3):
though there may have been no damage to the Circumstances which exempt from criminal liability. - the
contracting parties: following are exempt from criminal liability:

(1) Those where one of the parties is incapable of giving 2. A person under nine years of age.
consent to a contract;
3. A person over nine years of age and under fifteen,
NCC 1403 (3): unless he has acted with discernment, in which case,
The following contracts are unenforceable, unless they such minor shall be proceeded against in accordance with
are ratified: the provisions of Art. 80 of this Code.

(3) Those where both parties are incapable of giving RPC 13 (2):
consent to a contract. Mitigating circumstances. - The following are mitigating
circumstances;
NCC 1397:
he action for the annulment of contracts may be instituted 2. That the offender is under eighteen year of age or over
by all who are thereby obliged principally or subsidiarily. seventy years. In the case of the minor, he shall be
However, persons who are capable cannot allege the proceeded against in accordance with the provisions of
incapacity of those with whom they contracted; nor can Art. 80.
those who exerted intimidation, violence, or undue
influence, or employed fraud, or caused mistake base PD 603, Secs. 189- 204:
their action upon these flaws of the contract. Art. 189. Youthful Offender Defined. - A youthful
offender is one who is over nine years but under twenty-
NCC 1399: one years of age at the time of the commission of the
When the defect of the contract consists in the incapacity offense.
of one of the parties, the incapacitated person is not
obliged to make any restitution except insofar as he has A child nine years of age or under at the time of the
been benefited by the thing or price received by him. offense shall be exempt from criminal liability and shall be
committed to the care of his or her father or mother, or
NCC 1489: nearest relative or family friend in the discretion of the
All persons who are authorized in this Code to obligate court and subject to its supervision. The same shall be
themselves, may enter into a contract of sale, saving the done for a child over nine years and under fifteen years of
modifications contained in the following articles. age at the time of the commission of the offense, unless
he acted with discernment, in which case he shall be conditions as it may prescribe.
proceeded against in accordance with Article 192.
Art. 193. Appeal. - The youthful offender whose sentence
The provisions of Article 80 of the Revised Penal Code is suspended can appeal from the order of the court in the
shall be deemed modified by the provisions of this same manner as appeals in criminal cases.
Chapter.
Art. 194. Care and Maintenance of Youthful Offender. -
Art. 190. Physical and Mental Examination. - It shall be The expenses for the care and maintenance of the
the duty of the law-enforcement agency concerned to youthful offender whose sentence has been suspended
take the youthful offender, immediately after his shall be borne by his parents or those persons liable to
apprehension, to the proper medical or health officer for a support him: Provided, That in case his parents or those
thorough physical and mental examination. Whenever persons liable to support him can not pay all or part of
treatment for any physical or mental defect is indicated, said expenses, the municipality in which the offense was
steps shall be immediately undertaken to provide the committed shall pay one-third of said expenses or part
same. thereof; the province to which the municipality belongs
shall pay one-third; and the remaining one-third shall be
The examination and treatment papers shall form part of borne by the National Government. Chartered cities shall
the record of the case of the youthful offender. pay two-thirds of said expenses; and in case a chartered
city cannot pay said expenses, part of the internal
Art. 191. Care of Youthful Offender Held for revenue allotments applicable to the unpaid portion shall
Examination or Trial. - A youthful offender held for be withheld and applied to the settlement of said
physical and mental examination or trial or pending indebtedness.
appeal, if unable to furnish bail, shall from the time of his
arrest be committed to the care of the Department of All city and provincial governments must exert efforts for
Social Welfare or the local rehabilitation center or a the immediate establishment of local detention homes for
detention home in the province or city which shall be youthful offenders.
responsible for his appearance in court whenever
required: Provided, That in the absence of any such Art. 195. Report on Conduct of Child. - The Department
center or agency within a reasonable distance from the of Social Welfare or its representative or duly licensed
venue of the trial, the provincial, city and municipal jail agency or individual under whose care the youthful
shall provide quarters for youthful offenders separate from offender has been committed shall submit to the court
other detainees. The court may, in its discretion, upon every four months or oftener as may be required in
recommendation of the Department of Social Welfare or special cases, a written report on the conduct of said
other agency or agencies authorized by the Court, youthful offender as well as the intellectual, physical,
release a youthful offender on recognizance, to the moral, social and emotional progress made by him.
custody of his parents or other suitable person who shall
be responsible for his appearance whenever required. Art. 196. Dismissal of the Case. - If it is shown to the
Art. 192. Suspension of Sentence and Commitment of satisfaction of the court that the youthful offender whose
Youthful Offender. - If after hearing the evidence in the sentence has been suspended, has behaved properly
proper proceedings, the court should find that the youthful and has shown his capability to be a useful member of
offender has committed the acts charged against him the the community, even before reaching the age of majority,
court shall determine the imposable penalty, including any upon recommendation of the Department of Social
civil liability chargeable against him. However, instead of Welfare, it shall dismiss the case and order his final
pronouncing judgment of conviction, the court shall discharge.
suspend all further proceedings and shall commit such
minor to the custody or care of the Department of Social Art. 197. Return of the Youth Offender to Court. -
Welfare, or to any training institution operated by the Whenever the youthful offender has been found
government, or duly licensed agencies or any other incorrigible or has willfully failed to comply with the
responsible person, until he shall have reached twenty- conditions of his rehabilitation programs, or should his
one years of age or, for a shorter period as the court may continued stay in the training institution be inadvisable, he
deem proper, after considering the reports and shall be returned to the committing court for the
recommendations of the Department of Social Welfare or pronouncement of judgment.
the agency or responsible individual under whose care he
has been committed. When the youthful offender has reached the age of
twenty-one while in commitment, the court shall
The youthful offender shall be subject to visitation and determine whether to dismiss the case in accordance with
supervision by a representative of the Department of the next preceding article or to pronounce the judgment of
Social Welfare or any duly licensed agency or such other conviction.
officer as the Court may designate subject to such
In any case covered by this article, the youthful offender of the youthful offender.
shall be credited in the service of his sentence with the
full time spent in actual commitment and detention Art. 202. Rehabilitation Centers. - The Department of
effected under the provisions of this Chapter. Social Welfare shall establish regional rehabilitation
centers for youthful offenders. The local government and
Art. 198. Effect of Release of Child Based on Good other non-governmental entities shall collaborate and
Conduct. - The final release of a child pursuant to the contribute their support for the establishment and
provisions of this Chapter shall not obliterate his civil maintenance of these facilities.
liability for damages. Such release shall be without
prejudice to the right for a writ of execution for the Art. 203. Detention Homes. - The Department of Local
recovery of civil damages. Government and Community Development shall establish
detention homes in cities and provinces distinct and
Art. 199. Living Quarters for Youthful Offenders separate from jails pending the disposition of cases of
Sentence. - When a judgment of conviction is juvenile offenders.
pronounced in accordance with the provisions of Article
197, and at the time of said pronouncement the youthful Art. 204. Liability of Parents or Guardian or Any
offender is still under twenty-one, he shall be committed Person in the Commission of Delinquent Acts by
to the proper penal institution to serve the remaining Their Children or Wards. - A person whether the parent
period of his sentence: Provided, That penal institutions or guardian of the child or not, who knowingly or willfully,
shall provide youthful offenders with separate quarters
and, as far as practicable, group them according to (1) Aids, causes, abets or connives with the
appropriate age levels or other criteria as will insure their commission by a child of a delinquency, or
speedy rehabilitation: Provided, further, That the Bureau
of Prisons shall maintain agricultural and forestry camps (2) Does any act producing, promoting, or contributing
where youthful offenders may serve their sentence in lieu to a child's being or becoming a juvenile delinquent, shall
of confinement in regular penitentiaries. be punished by a fine not exceeding five hundred pesos
or to imprisonment for a period not exceeding two years,
Art. 200. Records of Proceedings. - Where a youthful or both such fine and imprisonment, at the discretion of
offender has been charged before any city or provincial the court.
fiscal or before any municipal judge and the charges have
been ordered dropped, all the records of the case shall be Rule 3, Sec. 5, 1997 Rules of Civil Procedure:
destroyed immediately thereafter. Minor or incompetent persons. — A minor or a person
alleged to be incompetent, may sue or be sued with the
Where a youthful offender has been charged and the assistance of his father, mother, guardian, or if he has
court acquits him, or dismisses the case or commits him none, a guardian ad litem.
to an institution and subsequently releases him pursuant Juvenile Justice Law, Sec. 6:
to this Chapter, all the records of his case shall be Minimum Age of Criminal Responsibility. - A child
destroyed immediately after such acquittal, dismissal or fifteen (15) years of age or under at the time of the
release, unless civil liability has also been imposed in the commission of the offense shall be exempt from criminal
criminal action, in which case such records shall be liability. However, the child shall be subjected to an
destroyed after satisfaction of such civil liability. The intervention program pursuant to Section 20 of this Act.
youthful offender concerned shall not be held under any
provision of law, to be guilty of perjury or of concealment A child above fifteen (15) years but below eighteen (18)
or misrepresentation by reason of his failure to years of age shall likewise be exempt from criminal
acknowledge the case or recite any fact related thereto in liability and be subjected to an intervention program,
response to any inquiry made of him for any purpose. unless he/she has acted with discernment, in which case,
such child shall be subjected to the appropriate
"Records" within the meaning of this article shall include proceedings in accordance with this Act.
those which may be in the files of the National Bureau of
Investigation and with any police department, or any other The exemption from criminal liability herein established
government agency which may have been involved in the does not include exemption from civil liability, which shall
case. be enforced in accordance with existing laws.

Art. 201. Civil Liability of Youthful Offenders. - The Juvenile Justice Law, Sec. 7:
civil liability for acts committed by a youthful offender shall Determination ofAge. - The child in conflict with the law
devolve upon the offender's father and, in case of his shall enjoy the presumption of minority. He/She shall
death or incapacity, upon the mother, or in case of her enjoy all the rights of a child in conflict with the law until
death or incapacity, upon the guardian. Civil liability may he/she is proven to be eighteen (18) years old or older.
also be voluntarily assumed by a relative or family friend The age of a child may be determined from the child's
birth certificate, baptismal certificate or any other pertinent a hypnotic spell are voidable.
documents. In the absence of these documents, age may
be based on information from the child himself/herself,
testimonies of other persons, the physical appearance of Insanity and criminal liability
the child and other relevant evidence. In case of doubt as RPC 12 (1):
to the age of the child, it shall be resolved in his/her favor. Circumstances which exempt from criminal liability. - the
following are exempt from criminal liability:
Any person contesting the age of the child in conflict with
the law prior to the filing of the information in any 1. An imbecile or an insane person, unless the latter has
appropriate court may file a case in a summary acted during a lucid interval.
proceeding for the determination of age before the Family
Court which shall decide the case within twenty-four (24) Rule 101, Rules of Court:
hours from receipt of the appropriate pleadings of all Proceedings for Hospitalization of Insane Persons
interested parties.
Section 1. Venue, Petition for commitment. — A
If a case has been fiied against the child in conflict with petition for the commitment of a person to a hospital or
the law and is pending in the appropriate court, the other place for the insane may be filed with the Court of
person shall file a motion to determine the age of the child First Instance of the province where the person alleged to
in the same court where the case is pending. Pending be insane is found. The petition shall be filed by the
hearing on the said motion, proceedings on the main case Director of Health in all cases where, in his opinion, such
shall be suspended. commitment is for the public welfare, or for the welfare of
said person who, in his judgment, is insane and such
In all proceedings, law enforcement officers, prosecutors, person or the one having charge of him is opposed to his
judges and other government officials concerned shall being taken to a hospital or other place for the insane.
exert all efforts at determining the age of the child in
conflict with the law. Section 2. Order for hearing. — If the petition filed is
sufficient in form and substance, the court, by an order
reciting the purpose of the petition, shall fix a date for the
Insanity in Marriage hearing thereof, and copy of such order shall be served on
FC 45 (2): the person alleged to be insane, and to the one having
A marriage may be annulled for any of the following charge him, or on such of his relatives residing in the
causes, existing at the time of the marriage: province or city as the judge may deem proper. The court
shall furthermore order the sheriff to produce the alleged
(2) That either party was of unsound mind, unless such insane person, if possible, on the date of the hearing.
party after coming to reason, freely cohabited with the Section 3. Hearing and judgment. — Upon satisfactory
other as husband and wife; proof, in open court on the date fixed in the order, that the
commitment applied for is for the public welfare or for the
welfare of the insane person, and that his relatives are
FC 79: unable for any reason to take proper custody and care of
For the validity of any marriage settlement executed by a him, the court shall order his commitment to such hospital
person upon whom a sentence of civil interdiction has or other place for the insane as may be recommended by
been pronounced or who is subject to any other disability, the Director of Health. The court shall make proper
it shall be indispensable for the guardian appointed by a provisions for the custody of property or money belonging
competent court to be made a party thereto. to the insane until a guardian be properly appointed.

Section 4. Discharge of insane. — When, in the opinion

Insanity in Contracts of the Director of Health, the person ordered to be
NCC 1327 (1): committed to a hospital or other place for the insane is
The following cannot give consent to a contract: temporarily or permanently cured, or may be released
without danger he may file the proper petition with the
(1) Unemancipated minors; Court of First Instance which ordered the commitment.

(2) Insane or demented persons, and deaf-mutes who Section 5. Assistance of fiscal in the proceeding. — It
do not know how to write. shall be the duty of the provincial fiscal or in the City of
Manila the fiscal of the city, to prepare the petition for the
NCC 1328: Director of Health and represent him in court in all
Contracts entered into during a lucid interval are valid. proceedings arising under the provisions of this rule.
Contracts agreed to in a state of drunkenness or during
 Deaf-mutism (1) Between husband and wife;
NCC 1327 (2):
The following cannot give consent to a contract: (2) Between parents and children;

(2) Insane or demented persons, and deaf-mutes who do (3) Among brothers and sisters, whether of the full or
not know how to write. halfblood.

NCC 807: FC 151:

If the testator be deaf, or a deaf-mute, he must personally No suit between members of the same family shall prosper
read the will, if able to do so; otherwise, he shall designate unless it should appear from the verified complaint or
two persons to read it and communicate to him, in some petition that earnest efforts toward a compromise have
practicable manner, the contents thereof. been made, but that the same have failed. If it is shown
that no such efforts were in fact made, the same case
NCC 820: must be dismissed.
Any person of sound mind and of the age of eighteen
years or more, and not blind, deaf or dumb, and able to These rules shall not apply to cases which may not be the
read and write, may be a witness to the execution of a will subject of compromise under the Civil Code.
mentioned in article 805 of this Code.
Cf. FC 87:
Every donation or grant of gratuitous advantage, direct or
Prodigality indirect, between the spouses during the marriage shall be
Rules of Court, Rule 92 Sec. 2: void, except moderate gifts which the spouses may give
Meaning of word "incompetent." — Under this rule, the each other on the occasion of any family rejoicing. The
word "incompetent" includes persons suffering the penalty prohibition shall also apply to persons living together as
of civil interdiction or who are hospitalized lepers, husband and wife without a valid marriage.
prodigals, deaf and dumb who are unable to read and
write, those who are of unsound mind, even though they Cf. FC 37:
have lucid intervals, and persons not being of unsound Marriages between the following are incestuous and void
mind, but by reason of age, disease, weak mind, and from the beginning, whether relationship between the
other similar causes, cannot, without outside aid, take parties be legitimate or illegitimate:
care of themselves and manage their property, becoming
thereby an easy prey for deceit and exploitation. (1) Between ascendants and descendants of any degree;
and

Civil Interdiction (2) Between brothers and sisters, whether of the full or half
RPC 34: blood.
Civil interdiction. - Civil interdiction shall deprive the
offender during the time of his sentence of the rights of Cf. FC 38:
parental authority, or guardianship, either as to the person The following marriages shall be void from the beginning
or property of any ward, of marital authority, of the right to for reasons of public policy:
manage his property and of the right to dispose of such
property by any act or any conveyance inter vivos. (1) Between collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree;
RPC 41:
Reclusion perpetua and reclusion temporal; Their (2) Between step-parents and step-children;
accessory penalties. - The penalties of reclusion perpetua
and reclusion temporal shall carry with them that of civil (3) Between parents-in-law and children-in-law;
interdiction for life or during the period of the sentence as
the case may be, and that of perpetual absolute (4) Between the adopting parent and the adopted child;
disqualification which the offender shall suffer even though
pardoned as to the principal penalty, unless the same (5) Between the surviving spouse of the adopting parent
shall have been expressly remitted in the pardon. and the adopted child;

(6) Between the surviving spouse of the adopted child and

the adopter;
Family Relations
FC 150: (7) Between an adopted child and a legitimate child of the
Family relations include those: adopter;
(8) Between adopted children of the same adopter; and
In the direct line, ascent is made to the common ancestor.
(9) Between parties where one, with the intention to marry Thus, the child is one degree removed from the parent,
the other, killed that other person's spouse, or his or her two from the grandfather, and three from the great-
own spouse. grandparent.

NCC 1490: In the collateral line, ascent is made to the common

The husband and the wife cannot sell property to each ancestor and then descent is made to the person with
other, except: whom the computation is to be made. Thus, a person is
two degrees removed from his brother, three from his
(1) When a separation of property was agreed upon in the uncle, who is the brother of his father, four from his first
marriage settlements; or cousin, and so forth.

(2) When there has been a judicial separation of property Cf. NCC 967:
under article 191. Full blood relationship is that existing between persons
who have the same father and the same mother.
NCC 2035:
No compromise upon the following questions shall be Half blood relationship is that existing between persons
valid: who have the same father, but not the same mother, or the
same mother, but not the same father.
(1) The civil status of persons;

(2) The validity of a marriage or a legal separation; Alienage

Cf. Art. 12, Sec. 11, 1987 Consti:
(3) Any ground for legal separation; No franchise, certificate, or any other form of authorization
for the operation of a public utility shall be granted except
(4) Future support; to citizens of the Philippines or to corporations or
associations organized under the laws of the Philippines,
(5) The jurisdiction of courts; at least sixty per centum of whose capital is owned by
such citizens; nor shall such franchise, certificate, or
(6) Future legitime. authorization be exclusive in character or for a longer
period than fifty years. Neither shall any such franchise or
Cf. NCC 963: right be granted except under the condition that it shall be
Proximity of relationship is determined by the number of subject to amendment, alteration, or repeal by the
generations. Each generation forms a degree. Congress when the common good so requires. The State
shall encourage equity participation in public utilities by the
Cf. NCC 964: general public. The participation of foreign investors in the
A series of degrees forms a line, which may be either governing body of any public utility enterprise shall be
direct or collateral. limited to their proportionate share in its capital, and all the
executive and managing officers of such corporation or
A direct line is that constituted by the series of degrees association must be citizens of the Philippines.
among ascendants and descendants.

A collateral line is that constituted by the series of degrees Absence

among persons who are not ascendants and descendants, NCC 382:
but who come from a common ancestor. The appointment referred to in the preceding article having
been made, the judge shall take the necessary measures
Cf. NCC 965: to safeguard the rights and interests of the absentee and
The direct line is either descending or ascending. shall specify the powers, obligations and remuneration of
his representative, regulating them, according to the
The former unites the head of the family with those who circumstances, by the rules concerning guardians.
descend from him.

The latter binds a person with those from whom he NCC 383:
descends. In the appointment of a representative, the spouse present
shall be preferred when there is no legal separation.
Cf. NCC 966:
In the line, as many degrees are counted as there are If the absentee left no spouse, or if the spouse present is a
generations or persons, excluding the progenitor.
minor, any competent person may be appointed by the presumed dead for all purposes, except for those of
court. succession.

NCC 384: The absentee shall not be presumed dead for the purpose
Two years having elapsed without any news about the of opening his succession till after an absence of ten
absentee or since the receipt of the last news, and five years. If he disappeared after the age of seventy-five
years in case the absentee has left a person in charge of years, an absence of five years shall be sufficient in order
the administration of his property, his absence may be that his succession may be opened.
declared.
NCC 391:
NCC 385: The following shall be presumed dead for all purposes,
The following may ask for the declaration of absence: including the division of the estate among the heirs:

(1) The spouse present; (1) A person on board a vessel lost during a sea voyage,
or an aeroplane which is missing, who has not been heard
(2) The heirs instituted in a will, who may present an of for four years since the loss of the vessel or aeroplane;
authentic copy of the same;
(2) A person in the armed forces who has taken part in
(3) The relatives who may succeed by the law of intestacy; war, and has been missing for four years;

(4) Those who may have over the property of the absentee (3) A person who has been in danger of death under other
some right subordinated to the condition of his death. circumstances and his existence has not been known for
four years.
NCC 386:
The judicial declaration of absence shall not take effect NCC 392:
until six months after its publication in a newspaper of If the absentee appears, or without appearing his
general circulation. existence is proved, he shall recover his property in the
condition in which it may be found, and the price of any
NCC 387: property that may have been alienated or the property
An administrator of the absentee's property shall be acquired therewith; but he cannot claim either fruits or
appointed in accordance with article 383. rents.

NCC 388: NCC 393:

The wife who is appointed as an administratrix of the Whoever claims a right pertaining to a person whose
husband's property cannot alienate or encumber the existence is not recognized must prove that he was living
husband's property, or that of the conjugal partnership, at the time his existence was necessary in order to acquire
without judicial authority. said right.

NCC 389: NCC 394:

The administration shall cease in any of the following Without prejudice to the provision of the preceding article,
cases: upon the opening of a succession to which an absentee is
called, his share shall accrue to his coheirs, unless he has
(1) When the absentee appears personally or by means of heirs, assigns, or a representative. They shall all, as the
an agent; case may be, make an inventory of the property.

(2) When the death of the absentee is proved and his NCC 395:
testate or intestate heirs appear; The provisions of the preceding article are understood to
be without prejudice to the action of petition for inheritance
(3) When a third person appears, showing by a proper or other rights which are vested in the absentee, his
document that he has acquired the absentee's property by representatives or successors in interest. These rights
purchase or other title. shall not be extinguished save by lapse of time fixed for
prescription. In the record that is made in the Registry of
In these cases the administrator shall cease in the the real estate which accrues to the coheirs, the
performance of his office, and the property shall be at the circumstance of its being subject to the provisions of this
disposal of those who may have a right thereto. article shall be stated.

NCC 390: NCC 396:

After an absence of seven years, it being unknown Those who may have entered upon the inheritance shall
whether or not the absentee still lives, he shall be appropriate the fruits received in good faith so long as the
absentee does not appear, or while his representatives or who, in any manner whatsoever, take part in the sale;
successors in interest do not bring the proper actions.
(5) Justices, judges, prosecuting attorneys, clerks of
FC 41: superior and inferior courts, and other officers and
A marriage contracted by any person during subsistence employees connected with the administration of justice,
of a previous marriage shall be null and void, unless the property and rights in litigation or levied upon an
before the celebration of the subsequent marriage, the execution before the court within whose jurisdiction or
prior spouse had been absent for four consecutive years territory they exercise their respective functions; this
and the spouse present has a well-founded belief that the prohibition includes the act of acquiring by assignment
absent spouse was already dead. In case of and shall apply to lawyers, with respect to the property
disappearance where there is danger of death under the and rights which may be the object of any litigation in
circumstances set forth in the provisions of Article 391 of which they may take part by virtue of their profession;
the Civil Code, an absence of only two years shall be
sufficient. (6) Any others specially disqualified by law.

NCC 2236:
Insolvency and Trusteeship The debtor is liable with all his property, present and
NCC 1381: future, for the fulfillment of his obligations, subject to the
The following contracts are rescissible: exemptions provided by law.

(1) Those which are entered into by guardians whenever NCC 2237:
the wards whom they represent suffer lesion by more Insolvency shall be governed by special laws insofar as
than one-fourth of the value of the things which are the they are not inconsistent with this Code.
object thereof;

(2) Those agreed upon in representation of absentees, if Gender

the latter suffer the lesion stated in the preceding number; 1987 Consti, Art. 2, Sec. 14:
The State recognizes the role of women in nation-
(3) Those undertaken in fraud of creditors when the latter building, and shall ensure the fundamental equality before
cannot in any other manner collect the claims due them; the law of women and men.

(4) Those which refer to things under litigation if they Cf. NCC 403:
have been entered into by the defendant without the Notwithstanding the provisions of the preceding article, a
knowledge and approval of the litigants or of competent daughter above twenty-one but below twenty-three years
judicial authority; of age cannot leave the parental home without the
consent of the father or mother in whose company she
(5) All other contracts specially declared by law to be lives, except to become a wife, or when she exercises a
subject to rescission. profession or calling, or when the father or mother has
contracted a subsequent marriage.
NCC 1491:
The following persons cannot acquire by purchase, even Rule 3, Sec. 4, 1997 Rules of Civil Procedure:
at a public or judicial auction, either in person or through Spouses as parties. — Husband and wife shall sue or be
the mediation of another: sued jointly, except as provided by law.

(1) The guardian, the property of the person or persons

who may be under his guardianship; Physical Incapacity/Disease
FC 45 (5):
(2) Agents, the property whose administration or sale may A marriage may be annulled for any of the following
have been intrusted to them, unless the consent of the causes, existing at the time of the marriage:
principal has been given;
(5) That either party was physically incapable of
(3) Executors and administrators, the property of the consummating the marriage with the other, and such
estate under administration; incapacity continues and appears to be incurable;

(4) Public officers and employees, the property of the FC 45 (6):

State or of any subdivision thereof, or of any government- (6) That either party was afflicted with a sexually-
owned or controlled corporation, or institution, the transmissible disease found to be serious and appears to
administration of which has been intrusted to them; this be incurable.
provision shall apply to judges and government experts
 Cf. NCC 110:
FC 46: The husband shall fix the residence of the family. But the
Any of the following circumstances shall constitute fraud court may exempt the wife from living with the husband if
referred to in Number 3 of the preceding Article: he should live abroad unless in the service of the
Republic.
(1) Non-disclosure of a previous conviction by final
judgment of the other party of a crime involving moral Cf. FC 55:
turpitude; A petition for legal separation may be filed on any of the
following grounds:
(2) Concealment by the wife of the fact that at the time of
the marriage, she was pregnant by a man other than her (1) Repeated physical violence or grossly abusive
husband; conduct directed against the petitioner, a common child,
or a child of the petitioner;
(3) Concealment of sexually transmissible disease,
regardless of its nature, existing at the time of the (2) Physical violence or moral pressure to compel the
marriage; or petitioner to change religious or political affiliation;

(4) Concealment of drug addiction, habitual alcoholism or (3) Attempt of respondent to corrupt or induce the
homosexuality or lesbianism existing at the time of the petitioner, a common child, or a child of the petitioner, to
marriage. engage in prostitution, or connivance in such corruption
or inducement;
No other misrepresentation or deceit as to character,
health, rank, fortune or chastity shall constitute such fraud (4) Final judgment sentencing the respondent to
as will give grounds for action for the annulment of imprisonment of more than six years, even if pardoned;
marriage.
(5) Drug addiction or habitual alcoholism of the
NCC 820: respondent;
Any person of sound mind and of the age of eighteen
years or more, and not blind, deaf or dumb, and able to (6) Lesbianism or homosexuality of the respondent;
read and write, may be a witness to the execution of a will
mentioned in article 805 of this Code. (7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or abroad;

Juridical Persons (8) Sexual infidelity or perversion;

NCC 51:
When the law creating or recognizing them, or any other (9) Attempt by the respondent against the life of the
provision does not fix the domicile of juridical persons, petitioner; or
the same shall be understood to be the place where their
legal representation is established or where they (10) Abandonment of petitioner by respondent without
exercise their principal functions. justifiable cause for more than one year.

For purposes of this Article, the term "child" shall include

Domicile and Residence of persons: Natural Persons a child by nature or by adoption.
NCC 50:
For the exercise of civil rights and the fulfillment of civil Cf. FC 101:
obligations, the domicile of natural persons is the place If a spouse without just cause abandons the other or fails
of their habitual residence. to comply with his or her obligations to the family, the
aggrieved spouse may petition the court for receivership,
FC 69: for judicial separation of property or for authority to be
The husband and wife shall fix the family domicile. In the sole administrator of the absolute community, subject
case of disagreement, the court shall decide. to such precautionary conditions as the court may
impose.
The court may exempt one spouse from living with the
other if the latter should live abroad or there are other The obligations to the family mentioned in the preceding
valid and compelling reasons for the exemption. paragraph refer to marital, parental or property relations.
However, such exemption shall not apply if the same is
not compatible with the solidarity of the family. A spouse is deemed to have abandoned the other when
her or she has left the conjugal dwelling without intention
of returning. The spouse 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 her
whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling.

Cf. FC 149:
The family, being the foundation of the nation, is a basic
social institution which public policy cherishes and
protects. Consequently, family relations are governed by
law and no custom, practice or agreement destructive of
the family shall be recognized or given effect.

Cf. FC 152:
The family home, constituted jointly by the husband and
the wife or by an unmarried head of a family, is the
dwelling house where they and their family reside, and
the land on which it is situated.
Cf. FC 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 petition the court for receivership,
for judicial separation of property or for authority to be
the sole administrator of the absolute community, subject
to such precautionary conditions as the court may
impose.

The obligations to the family mentioned in the preceding

paragraph refer to marital, parental or property relations.

A spouse is deemed to have abandoned the other when

her or she has left the conjugal dwelling without intention
of returning. The spouse 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 her
whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling.