THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order

209)
REQUISITES OF MARRIAGE:

Article
Summary of Annotation
Additional

Info/Exceptions/Connected

with:
Art. 1: Marriage is a special contract of permanent
Nature of Marriage:
*Marriage as a special contract
union between a man and a woman entered into in
-Marriage is one of the basic civil rights of man. The
cannot be restricted by
accordance with the law for the establishment of
freedom to marry has been recognized as a vital personal
discriminatory policies of
conjugal and family life.
right towards the pursuit of mans happiness.
private individuals or
It is the foundation of the family and an inviolable social
-Still considered as a special civil contract regulated by
corporations.

institution whose nature, consequences, and incidents

law due to the high state interest in protecting and
MAIL-ORDER BRIDE:
are governed by law and not subject to stipulation,
safeguarding the family.

except that marriage settlements may fix the property

-A contract to marry, unlike other contracts, cannot be
considered as a criminal
relations during the marriage within the limits provided
modified or changed. Once it is executed a relation is
offense because marriage is
by the code.
formed between the parties that cannot be altered. The
vested with public interest.

law steps in to hold or bind the parties together.

(Connected with the Anti-

-A subsequent marriage between the rapist and raped

Trafficking Act)

victim extinguishes the criminal action or penalty of the

Acts punished:

rapist. In case of marital rape 2

1. Carry on such a business

2. To advertise the promotion

Marriage Status: Marriage creates a social status, which

of such acts.

the state is interested in protecting. It is a case where a

3. Solicit or attract or any

double status is created, involves and affects two

Filipino woman to become a

persons.
member in a club that matches

women for marriage to foreign

Marriage in International Law: men and women of full age

nationals for a fee.

without any limitation due to race, nationality or religion

4. Use the postal service to

have the right to marry and found a family.

promote the prohibited acts.

1. Universal Declaration of Human Rights

2. International Covenant on Economic, Social and

VALIDITY OF MARRIAGE:

Cultural Rights
governed by the law effective

3. International Covenant on Civil and Political Rights.

at the time of the celebration

of the marriage.

Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.

11

Constitutional Protection: The State recognizes the

sanctity of family life and shall protect and strengthen it.

The state also recognizes marriage as an inviolable

social institution and the foundation of the family and

shall be protected by the state.

* The constitutional provisions on marriage however do

NOT mean that legislature cannot enact a law allowing

absolute divorce. Marriage is subject to the control of the

legislature but it must not contravene mandates of

Constitution.

Property Relations: Only property relations may be fixed

and arranged in a marriage settlement prior to the

marriage ceremony. However it must still follow the

mandatory provisions of the Family Code.

Art 2: No marriage shall be valid unless these

LEGAL CAPACITY: Marrying age is 18 years old and
Sex change: has not been
essential requisites are present:
above, thus if one of the contracting parties is below 18
shown that sex reassignment
1. Legal capacity of the contracting parties who
years of age, the marriage is void.
surgery would allow one to
must be a male and female.
- They cannot be related to each other as provided
produce human beings.
2. Consent freely given in the presence of the
by Art. 37 and Art. 38 (incestuous marriages and

solemnizing officer
those against public policy).
Thoughts to ponder: Marriage

- There should be no previous valid subsisting

should no to be enjoyed only

marriage; otherwise the subsequent marriage will

by heterosexual couples. The

be bigamous.
right to marry, found a family,

DIFFERENT SEX: There should be a male and a female.

identity, personality are all

Marriage is desirable due to the importance of

rights of human beings.

procreation which is one of the reasons why same sex

marriages are prohibited (due to the impossibility of

*Parties must be personally

reproduction)
present, proxy marriages is

CONSENT:
prohibited in the Philippines.

1. Must be freely given

2. Made in the presence of the solemnizing officer

- Absence of consent makes the marriage void.

However if there is consent but such was

obtained through force, fraud, undue influence,

etc then it is only voidable.

12

Art. 3: The formal

requisites of
marriage are:
Authority of the
solemnizing
officer
A valid marriage
license except in
the cases
provided for in
Chapter 2 of this
title
A marriage
ceremony which
takes place with
the appearance
of the contracting
parties before the
solemnizing
officer and their
personal
declaration that
they take each
other as husband
and wife in the
presence of not
less than 2
witnesses of legal
age.
Art. 4: The
absence of any of
the essential or
formal requisites
shall render the
marriage void ab
initio, except as
stated in Article
35 (2) (when one
of the contracting

parties believed in
good faith that the
solemnizing
officer had
authority then the
marriage is valid)
A defect in any of
the essential
requisites shall
render the
marriage voidable
as provided in
Article 45.

An irregularity in
the formal
requisites shall
not affect the
validity of the
marriage but the
party or parties
responsible for
the irregularity
shall be civilly,
criminally and
administratively
liable.
Art. 5: Any male
or female of the
age of eighteen
years or upwards
not under any of
the impediments
mentioned in
Articles 37 and 38
(incestuous
marriages and
those against
public policy.)
may contract
marriage.
Art. 6: No
prescribed form or

religious
rite for the
solemniza
tion of the
marriage
is
required.
It shall be
necessary
, however,
for the
contractin
g parties
to appear
personally
before the
solemnizi
ng officer
and
declare in
the
presence
of not less
than two
witnesses

AUTHOR
ITY OF
THE
SOLEMI
ZING
OFFICER
:
Those
enumerat
ed in
Article 7,
he must
have the
authority.
Thus a
priest who
has not

renewed his
license to marry
does not have the
authority and
cannot be
considered for
marriage.

The Local
Government
Code (Jan. 1,
1992) provides
that a mayor of a
city or
municipality may
now solemnize
marriages.
Chapter 2 Title 1
of Family Code:
exempt from
license

Article 27: Both

parties are in
articulo mortis
marriage will be
valid even if the
ailing party
survives.
Article 28:
Residence is in a
remote place
In both cases the
solemnizing
officer must state
in an affidavit that
the marriage was
performed as
such and that he
took necessary
steps to ascertain
the ages and that
there were no
legal impediments
to the marriage.

Article 33:
Marriages among
Muslims or ethnic
cultural
communities, as
long as performed
in accordance with
their customs,
rites, practices.
Article 34:
Cohabitation by
the couple for 5
years * Muslims
are governed by
Code of Muslim
personal laws of
the Philippines and
not the Family
code but the other
ethnic groups must
comply with the
other requisites as
they are governed
by the Family
code.

Article 34:
Cohabitation
between man and
woman for at
least 5 years with
no legal
impediment at
time of marriage.
VALID
MARRIAGE
LICENSE:
- Lasts for 120
days from the
date of issue and
effective within
any part of the
Philippines only.

*Presump
tion leans
towards
the
legality of
the
marriage
thus the
authority
of the
officer is
presume
d
absence
the
showing
any proof
to the
contrary.
Merely
Irregularit
ies in
marriage
license:
Marriage
license
was
made in a
different
place
other
than their
residence
.
Name
stated
therein is
different
or
misspelle
d
Misrepres
entation

of age (but has to

be emancipated
18 years and
above)

Falsely swore that

he or she is not
under
guardianship.

Non-disclosure of
prior marriage and
divorce

* If the couple
have a valid
marriage license
but forgot to bring
it then marriage
will be valid (but if
they dont have
one and procured
one after the

Falsely stated that

he or she had not
been previously
married.

13

marriage
ceremony
the
marriage
will be
void)
*
Common
law
marriage
s,

of legal age that they take each other as husband and

MARRIAGE CEREMONY:
which are non-ceremonial, are
wife. This declaration shall be contained in the
- Family code only recognizes ceremonial marriages but
not recognized in the
marriage certificate which hall be signed by the
there is no prescribed form of marriage ceremony.
Philippines.
contracting parties and their witnesses and attested by
- The minimum requirement is that the parties personally

the solemnizing officer.

appear before the solemnizing officer and declare that

they take each other in the presence of at least 2 witness

In case of marriage in articulo mortis, when the party is

of legal age.

at the point of death is unable to sign the marriage

* Declaration does not have to be vocally expressed

certificate, it shall be sufficient for one of the witnesses

may be inferred by the words used, the manner the

to the marriage to write the name of said party, which

ceremony was made, etc. If a wedding took place there is

fact shall be attested by the solemnizing officer.

a presumption that there was an exchange of vows.

* The absence of 2 witnesses of legal age is merely an

irregularity in the ceremony and does not affect the

validity of the marriage.

Art. 7: Marriage may be solemnized by:

There is a need to limit the persons who can
* Stopovers during a flight or
1. Any incumbent member of the judiciary within
solemnize marriages since marriage is an
voyage are still considered
the courts jurisdiction
important institution the state wants to safeguard
part of the journey.
2. Any priest, rabbi, imam, or minister of any
and protect.

church or religious sect duly authorized by his

Because the state is interested in marriage, it
*If the host country allows
church or religious sect and registered within
becomes a party thereto by manifested in the
marriages to be solemnized by
the civil registrar general, acting within the
consent required and granted to limited number
consuls then even if between a
limits of the written authority granted him by his
of officers.
Filipino and non-Filipino, the
church or religious sect and provided that at
JUDGES: they can only solemnize marriages within their
marriage will still be valid in
least one of the contracting parties belongs to
jurisdiction and they must be incumbent.
accordance with Art. 26, which
the solemnizing officers church or religious
Court of Tax Appeals, Sandiganbayan, Court of Appeals,
recognizes international
sect
Supreme Court: National jurisdiction
comity.
3. Any ship captain or airplane chief in cases

Absence of jurisdiction would mean the absence

mentioned in Article 31
of the authority of the solemnizing officer and

GOOD FAITH OF PARTIES: if

4. Any military commander of a unit to which a
thus the marriage will be null and void.

chaplain is assigned, in the absence of the

PRIEST/MINISTER OF A CHURCH OR RELIGIOUS
the person who solemnized
latter, during a military operation, likewise only
SECT: he should be authorized by the church to do so,
the marriage did not legally

14

in the cases mentioned in Article 32 or

he must be registered with the civil registry, and at least
have the authority to
5. Any consul-general, consul or vice consul in
one of the contracting parties belongs to his or her
solemnize a marriage, if both
the case provided in Article 10.
church.
or one of the contracting

SHIP CAPTIAN/PILOT: one of the parties must be at the

parties believed that such a

point of death, the marriage must be between the

person did have the authority

passengers or crewmembers, and the ship or plane must

the marriage will be valid.

be at sea or in flight.
Ex. A priest did not renew his

An assistant pilot has no authority to solemnize

license to marry therefore

marriages even if the main pilot dies.

does not have the authority to

MILITARY COMMANDER: He or she should be a military

marry. If one of the contracting

commander of a unit, he or she must be a commissioned

parties knew of this but the

officer (his rank should start from second lieutenant), a

other did not the marriage is

chaplain should have been assigned to the unit and such

still valid.

chaplain is absent, the contracting parties must also be in

HOWEVER, they must be one

articulo mortis either members of the military operation or

civilians, must be within military zone (there should be

of the people who can be

widespread military activity not merely practice).

authorized if they are not the

CONSUL-GENERAL, CONSUL, OR VICE CONSUL:

marriage will be void

they can only solemnize marriages abroad when both the

(ignorance of the law excuses

contracting parties are Filipino.

no one)

* They also perform the duties of a local civil registrar

Ex. A couple goes to a janitor

(like issuing the license etc.)

to get married. Even if both

* No matter where they are the solemnities and

parties are in good faith in

requirements mandated by Philippine Law shall be

thinking that a janitor can

observed.
solemnize a marriage they

MAYOR: Pursuant to the Local Government Code, the

should know who by law are

mayor of a city or municipality can now solemnize

authorized to.

marriages.

* When the mayor cannot perform his duties, the acting

mayor has the authority to solemnize marriages.

Art. 8: The marriage shall be solemnized publicly in the

- Not mandatory but directory in nature.

chambers of the judge or in open court in the church,

- Its non-compliance will not make the marriage

chapel or temple, or in the office of the consul-general,

void but will only cause civil, criminal, or

15

consul or vice-consul, as the case may be, and not

administrative liability.
elsewhere, except in the cases of marriages contracted
Exceptions to venue stated:
at the point of death or in remote places in accordance
1.
When the marriage is in articulo mortis
with Article 29 of this Code, or where both of the parties
2.
When the marriage is in a remote place
request the solemnizing officer in writing in which case
(transportation etc. is difficult to come by)
the marriage may be solemnized at a house or place
3.
When requested by both parties in writing.
designated by them in a sworn statement to that effect.

Art. 9: A marriage license shall be issued by the local

- The marriage license should be procured from the civil
civil registrar of the city or municipality where either
registrar of the city or municipality where either of them
contracting party habitually resides, except in
resides. However if they obtain it from another place it is
marriages where no license is required in accordance
merely an irregularity and does not affect the validity of

with Chapter 2 of this Title.

the marriage.
Art. 10: Marriages between Filipino citizens abroad
The consular officials absorb the duties of the
may be solemnized by a consul-general, consul or vice
local civil registrar and the solemnizing officer
consul of the Republic of the Philippines.
when Filipinos wish to be married abroad.
The issuance of the marriage license and the duties of
The ceremony and requirements should be in
the local civil registrar and of the solemnizing officer
accordance with Philippine law.
with regard to the celebration of marriage shall be

performed by said consular official.

Art. 11: Where a marriage license is required, each of

Stating all relevant facts needed in order to
the contracting parties shall file separately a sworn
determine legal capacity to marry and the
application for such license with the proper local civil
eligibility of the parties.
registrar which shall specify the following:

Main purpose is to discourage deception, and

1.
Full name of the contracting parties
relieve from doubt the status of parties who live
2.
Place of birth
together.
3.
Age and date of birth
Provides evidence of the status and legitimacy of
4.
Civil Status
offspring.
5.
If previously married, how, when and where the
MARRIAGE APPLICATION: the civil registrar has to

previous marriage was dissolved or annulled

process and issue a marriage license. Even if the civil
6.
Present residence and citizenship
registrar knows of a legal impediment he cannot
7.
Degree of relationship of the contracting parties
discontinue unless stopped by the court. (This is to
8.
Full name, residence and citizenship of the
prevent bribery and abuse by the civil registrar)

father

9.
Full name, residence and citizenship of the

mother

10.
Full name, residence and citizenship of the

guardian or person having charge, in case the

16

contracting parties has neither father nor

mother and is under the age of twenty one

years.

The applicants, their parents or guardians shall not be

required to exhibit their residence certificate in any

formality in connection with the securing of the

marriage license.

Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth
- Emancipation is obtained at
certificates or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents
18; marriage no longer
duly attested by the persons having custody of the originals. These certificates or certified copies of the documents
emancipates a child because
by this Article need not be sworn to and shall be exempt from the documentary stamp tax. The signature and official
they must be 18 years of age
title of the person issuing the certificate shall be sufficient proof of its authenticity.
to marry.

- Contracting parties 18 years

If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either
old and above but BELOW 21
because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person
years of age must obtain the

that such birth or baptismal certificate has not yet been received though the same has been required of the person
consent of their father, mother,
having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof
surviving parent, or guardian in
his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or
the order mentioned. (Nonany public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two
compliance makes the
witnesses of lawful age, setting forth the full name, residence and citizenship of such contracting party and of his or
marriage annullable)
her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties
shall be preferred as witnesses, or, in their default, persons of good reputation in the province or the locality.
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties,
as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their
personally appearing before him, be convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of
nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and
his or her actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are

17

between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles,
exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian,
or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local civil 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 both applications for marriage license, and the affidavit, if one is executed
instead, shall be attached to said applications.

Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents
- Absence of parental advice
or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the
does not affect the marriage.
marriage license shall not be issued till after three months following the completion of the publication of the
- Only delays the issuance of
application therefore. A sworn statement by the contracting parties to the effect that such advice has been sought,
the marriage license for 3
together with the written advice given, if any, shall be attached to the application for marriage license. Should the
months but after 3 months the
parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.
license must be issued.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in
addition to the requirements 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
government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach
said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three

months from the completion of the publication of the application. Issuance of the marriage license within the
prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the
marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be
present at the counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice,
- It is the duty of the civil registrar to post a notice
which shall contain the full names and residences of the
informing the public of the impending marriage. The
applicants for a marriage license and other data given in
purpose of which is so that persons having knowledge
the applications. The notice shall be posted for ten
of any impediment to the marriage can inform the local
consecutive days on a bulletin board outside the office of
civil registrar.
the local civil registrar located in a conspicuous place
- It is to be posted for 10 consecutive days on a bulletin
within the building and accessible to the general public.
board outside the office
This notice shall request all persons having knowledge
- The civil registrar shall be issued after the period of
of any impediment to the marriage to advise the local
publication.
civil registrar thereof. The marriage license shall be

18

issued after the completion of the period of publication.

Art. 18: In case of any impediment known to the local

- If an impediment is made known to the civil registrar he
EXCEPTIONS:
civil registrar or brought to his attention, he shall note
shall merely note it down but he must nonetheless issue
1. The courts direct civil
down the particulars thereof and his findings thereon in
the license. This is because the impediments may not
registry to refuse
the application for marriage license, but shall
be valid at all.
giving out the license
nonetheless issue said license after the completion of
2. When the requited
the period of publication, unless ordered otherwise by a
- The purpose of which is to prevent graft and corruption
certificate of legal
competent court at his own instance or that of any
on the part of the civil registry.
capacity of foreigners
interest party. No filing fee shall be charged for the
- If the marriage license was issued despite court
is not given (Art. 21)
petition nor a corresponding bond required for the

issuances of the order.

intervention, the marriage will still be valid but the parties

Art. 19. The local civil registrar shall require the

responsible may be criminally or administratively liable.

payment of the fees prescribed by law or regulations

before the issuance of the marriage license. No other

sum shall be collected in the nature of a fee or tax of

any kind for the issuance of said license. It shall,

however, be issued free of charge to indigent parties,

that is those who have no visible means of income or

whose income is insufficient for their subsistence a fact

established by their affidavit, or by their oath before the

local civil registrar.

Art. 20: The license shall be valid in any part of the

- The marriage license is only valid within the

Philippines for a period of one hundred twenty days from

Philippines and not abroad.

the date of issue, and shall be deemed automatically

- It is good for 120 days from the date of issue.

canceled at the expiration of the said period if the

contracting parties have not made use of it. The expiry

date shall be stamped in bold characters on the face of

every license issued

Art. 21: When either or both of the contracting parties

- A certificate of legal capacity is meant to show
* The civil registry cannot
are citizens of a foreign country, it shall be necessary for
that a foreigner is capacitated to marry in his or
issue a license without the

them before a marriage license can be obtained, to

her country. The Philippines adheres to the
certificate of legal capacity
submit a certificate of legal capacity to contract
national law of the contracting parties with
however if the civil registry

19

marriage, issued by their respective diplomatic or

respect to their legal capacity to contract
does issue the marriage will
consular officials.
marriage.
still be valid.

Ex. In the US 16 years old is the age when one can

Stateless persons or refugees from other countries

contract marriage. A 16-year-old US citizen may

shall, in lieu of the certificate of legal capacity herein

contract marriage in the Philippines provided that he

required, submit an affidavit stating the circumstances

gives a certificate from his embassy stating that 16

showing such capacity to contract marriage.

years old is the legal age to marry.

- If both are citizens of a foreign country and they are

married in their embassy there is no need to follow the

requirement of marriage in the Philippines, only those of

their country.

-If one is a foreigner and one is a Filipino even if they

marry in the consul of the foreigner the certificate of

legal capacity and a marriage license is still necessary.

Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife,
*Presumption is always in the

shall also state:

validity of marriage.
1.
The full name, sex and age of each contracting party
Proofs of marriage:
2.
Their citizenship, religion and habitual residence

3.
The date and precise time of the celebration of the marriage
1.
Marriage contract or
4.
That the proper marriage license has been issued according to law, except in marriage provided for in Chapter
certificate

2 of this Title
2.
Photocopies of the
5.
That either or both of the contracting parties have secured the parental consent in appropriate cases
certificate or contract
6.
That either or both of the contracting parties have complied with the legal requirement regarding parental
from the local civil

advice in appropriate cases and

registry
7.
That the parties have entered into marriage settlement, if any, attaching a copy thereof.
3.
Family bible

4.
Baptismal, birth
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the
certificates of kids
original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the
5.
Judicial decisions
certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage
6.
Testimonies of
was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting
parties, witness,
copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the
solemnizing officers
marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases,
7.
Cohabitation and
the affidavit of the contracting party regarding the solemnization of the marriage in place other than those
conduct

20

mentioned in Article 8.
8. Statement in a will

* A certificate of marriage

made years after the marriage

is inadmissible as evidence.
Art. 24: It shall be the duty of the local civil registrar to
- The local civil registrar is the government official
prepare the documents required by this Title, and to
charged with the preparation and the keeping of all the
administer oaths to all interested parties without any
official documents.
charge in both cases. The documents and affidavits filed

in connection with applications for marriage licenses

shall be exempt from documentary stamp tax.

Art. 25. The local civil registrar concerned shall enter all

applications for marriage licenses filed with him in a

registry book strictly in the order in which the same are

received. He shall record in said book the names of the

applicants, the date on which the marriage license was

issued, and such other data as may be necessary

Art. 26. All marriages solemnized outside the

- Art. 26 refers to formal requisites only, however
EXCEPTIONS to international
Philippines, in accordance with the laws in force in the
the marriage must still be solemnized.
comity:
country where they were solemnized, and valid there as
- Marriages that are solemnized abroad and are
-Either or both contracting
such, shall also be valid in this country, except those
recognized as valid there will also be
parties are Filipinos and below
prohibited under Articles 35 (1), (4), (5) and (6), 3637
recognized as valid here (international comity)
18 years of age
and 38. (17a)
Ex. If in Vietnam a doctor is authorized to solemnize a
-Polygamous and bigamous
marriage and a Filipino couple gets married in Vietnam
marriages recognized abroad
Where a marriage between a Filipino citizen and a
by a doctor such marriage will be considered valid in the
will not be valid here.
foreigner is validly celebrated and a divorce is thereafter
Philippines.
-Marriage abroad where there
validly obtained abroad by the alien spouse capacitating
is mistake of identity of the
him or her to remarry, the Filipino spouse shall have
PROOF OF FOREIGN MARRIAGE: necessary to prove
other contracting party is not
capacity to remarry under Philippine law.
the foreign law and then prove the celebration of

recognized here.
marriage. If the law of the other state is not pleaded nor
-Marriage by a Filipino to one
proved the laws of the Philippines will be presumed to
who is psychologically
be similar to that of foreign laws.
incapacitated is not valid here

-Marriages that are incestuous

REMEMBER THE LAWS:
are not valid here even if
ART. 15: laws relating to family rights and duties, or to
celebrated abroad and valid
the status, conditions and legal capacity of persons are
there. (Art. 37)
binding upon citizens of the Philippines even living
-Marriages against public

21

abroad.
policy are not valid here either

(Art. 38)

ART. 17: prohibitive laws concerning persons, their acts

-Common law marriages are

or property and those which have for their object public

not recognized here, the

order, public policy and good customs shall not be

marriage must still be

rendered ineffective by laws or judgments promulgated,

solemnized and not

or by determinations or conventions agreed upon in a

contracted.

foreign country
-Same sex marriages between

Filipinos are not valid even if

ABSOLUTE DIVORCE:
done abroad.

Absolute divorce is not recognized in the Philippines;

even if the couple was married abroad the divorce will

* If a Filipino contracts a

not be recognized here if one of them is a Filipino. The

foreign marriage which is null

divorce may be recognized in the foreign country where

and void under the laws of the

it was obtained but not in the Philippines. But the

state where it has been

divorce of a foreign citizen abroad is recognized in the

solemnized then such

Philippines as the Philippines recognizes legal capacity

marriage will likewise be null

of a foreign person.
and void in the Philippines.

*If a Filipino changes citizenship then he can get a

divorce and if he reacquires his Filipino citizenship

*If a marriage celebrated

after that the divorce will still hold.

abroad is invalid in that

- If a Filipina marries a foreigner and the foreigner

country but considered valid in

obtains a divorce, the Filipina can marry.

the Philippines, the marriage

- If the Filipina obtains a divorce although not

will still be invalid. The law

recognized in the Philippines, it will be

where the marriage has been

recognized against the foreigner and thus the

solemnized shall apply.

foreigner will not have legal standing to sue for

adultery or claim for property after the divorce.

MARRIAGES EXEMPT FROM LICENSE REQUIREMENT

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

- Solemnizing officers and the mayor are

are at the point of death, the marriage may be

empowered to solemnize marriages even
solemnized without necessity of a marriage license and
without a marriage license if either or both of the
shall remain valid even if the ailing party subsequently
contracting parties are at the point of death.
survives.
- Even if the ailing party survives after the

marriage, the marriage will still be valid.

Art. 28. If the residence of either party is so located that
- This envisions a situation wherein the residence of

22

there is no means of transportation to enable such party

either party is so located that there is no means of

to appear personally before the local civil registrar, the

transportation to enable such party to appear personally

marriage may be solemnized without necessity of a

before the local civil registrar, the marriage may be

marriage license.
solemnize without a marriage license.

Art. 29: In the cases provided for in the two preceding

The solemnizing officer here are those

articles, the solemnizing officer shall state in an affidavit

authorized to solemnize under Article 7 and the

executed before the local civil registrar or any other

mayor provided that they solemnize the

person legally authorized to administer oaths that the

marriage within their jurisdiction and within the

marriage was performed in articulo mortis or that the

authority given to them.

residence of either party, specifying the barrio or

barangay, is so located that there is no means of

transportation to enable such party to appear personally

before the local civil registrar and that the officer took

the necessary steps to ascertain the ages and

relationship of the contracting parties and the absence

of legal impediment to the marriage.

Art. 30: The original of the affidavit required in the last

preceding article, together with the legible copy of the

marriage contract, shall be sent by the person

solemnizing the marriage to the local civil registrar of the

municipality where it was performed within the period of

thirty days after the performance of the marriage.

Art. 31: A marriage in articulo mortis between

A pilot or ship captain may solemnize only
* If something happens to the
passengers or crew members may also be solemnized
marriages at the point of death while the plane
main or principal pilot the
by a ship captain or by an airplane pilot not only while
is in flight or the ship is at sea even during
second in command cannot

the ship is at sea or the plane is in flight, but also during

stopovers (it is still considered part of the
solemnize marriages. (They
stopovers at ports of call.
flight/voyage).
are not authorized to by law)

They can only solemnize marriages between

their passengers and crew members

Art. 32: A military commander of a unit, who is a

The military commander must be a

commissioned officer, shall likewise have authority to

commissioned officer (his/her rank should start

solemnize marriages in articulo mortis between persons

from 2nd lieutenant, ensign and above)

within the zone of military operation, whether members

He should be a commander of a unit.

of the armed forces or civilians.

There should be a chaplain assigned to the unit

The marriage should be at the point of death

and in the absence of the chaplain assigned

23

- The marriage must be solemnized within the

zone of military operations.

- The contracting parties may either be member

of the armed forces or civilians.

Art. 33: Marriages among Muslims or among members
- Marriages between parties that belong to ethnic
of the ethnic cultural communities may be performed
groups, pagans or Muslims are exempt only
validly without the necessity of marriage license,
from procuring a marriage license. The marriage
provided they are solemnized in accordance with their
must still be solemnized in accordance with
customs, rites or practices.
their customs, rites and practices.

- Muslims are governed by the Code of Muslim

Personal Laws of the Philippines thus they are

not governed by the Family Code unlike other

ethnic groups who do not have separate laws.

Art. 34: No license shall be necessary for the marriage

- Persons cohabiting for at least 5 years living
*The solemnizing officer shall
of a man and a woman who have lived together as
together as husband and wife are exempt from
also state under oath that he
husband and wife for at least five years and without any
obtaining a marriage license.
ascertained the qualifications
legal impediment to marry each other. The contracting
- At the time of marriage, they should be without
of the parties and that he
parties shall state the foregoing facts in an affidavit
any legal impediment to marry each other. Thus
found no legal impediment.
before any person authorized by law to administer
during the 5 year period, it is not necessary that
The fact that the officer to
oaths. The solemnizing officer shall also state under
there is no legal impediment it is only necessary
investigate shall not invalidate
oath that he ascertained the qualifications of the
at the time of marriage that there is none.
the marriage.
contracting parties are found no legal impediment to the
- The parties shall state the fact of their
marriage.
cohabitation and the absence of any legal

impediment to marry in an affidavit under oath.

Matters that dont affect the validity of the marriage:

Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.
Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.
Article 35: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of
cohabitation.

24

MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the
Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning:
Only marriages declared by the legislature, as void should be treated as such.
(1) Those contracted by any party below eighteen
There can be no other void marriage except those provided by law.
years of age even with the consent of parents or

guardians;
Void Marriage
Voidable

(2) Those solemnized by any person not legally

Cant be a source of rights

Can be source of rights

authorized to perform marriages unless such marriages

Cant be ratified
Ratified by prescription or

were contracted with either or both parties believing in

cohabitation

good faith that the solemnizing officer had the legal

Can be attacked collaterally.

Can only be attacked directly

authority to do so;

Can be questioned after death

Only assailed during lifetime

(3) Those solemnized without license, except those

of parties
of parties

covered the preceding Chapter;

Action for nullity has no

Action prescribes

(4) Those bigamous or polygamous marriages not

prescription

failing under Article 41;

Estoppel or acquiescence does not apply to remedy the infirmity of a void

(5) Those contracted through mistake of one

marriage. Thus if one of the parties stated under oath that they were 25 when they
contracting party as to the identity of the other; and

were actually 16 the marriage is void despite the oath.

(6) Those subsequent marriages that are void under

Good faith and bad faith generally is immaterial in void marriages except: when
Article 53.

either of the parties believed in good faith that the solemnizing officer had the

authority to solemnize the marriage when in fact he had none. Second, in case the

spouse disappears for 4 years or 2 years in proper cases the present spouse may

marry again if there is a judicial declaration of presumptive death and at the time of

the celebration of marriage either spouse is in good faith that the absent spouse is

still absent.

Ex. W is married to H and W disappears for 4 years and is judicially declared

presumptively dead. H later on is to marry W2. W2 however sees W the day before

the wedding but does not tell H. As long as H is in good faith and does not know of

the presence of W the marriage will still be valid.

Generally evidence other than a judicial declaration of nullity can be presented

except (direct attack needed) for purposes of remarriage, validity of marriage is essential to the determination of the case, and when a donor desires
to revoke a donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent. History: 14 male, 12 female: minimum age for effective
procreation
16 male, 14 female: Maturity and responsibility were taken into consideration. Gender Roles: ability of men to provide and ability of women to care for the

25

household.
18 for both: No significant difference in terms of maturity of male and female. Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had such authority. The good faith of the party is what is referred
to not the solemnizing officer. - Unless it was ignorance of the law then the marriage will be void. The person must be one of the people in Article 7
thus if a couple is married by a janitor, them believing that a janitor can celebrate a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married
men or women from contracting a subsequent marriage when their consort is still alive.
Exception:
That mentioned in Article 41 regarding appearance of a spouse after a declaration of presumptive death.
Those provided for under the Muslim code.
When the first marriage was actually void with a judicial declaration of nullity.
Without judicial declaration of nullity then 2nd marriage will be void under Article 40. MISTAKE IN IDENTITY: An instance of fraud, which is a ground
for the nullity of the marriage. Here the contracting party absolutely did not intend to marry the other, as the same is not the person he or she actually
knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing, religion, pedigree, pecuniary means, temperaments,
acquirements, condition in life, previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must undertake the liquidation, partition and distribution of their
properties, delivery of presumptive legitimes, etc. to be able to remarry.
Art. 36: A marriage contracted by any party who, at the
Psychological incapacity to comply with the essential
P.I.
Insanity

time of the celebration, was psychologically

marital obligation of marriage at the time of marriage,

Cannot be
Can be

incapacitated to comply with the essential marital

even if it becomes manifest after the solemnization of
cured
cured

obligations of marriage, shall likewise be void even if

the marriage.

No consent
Consent can

such incapacity becomes manifest only after its

- Not defined and thus left on a court-to-court
present since
be given

solemnization.
basis. A person may actually be efficient in

26

doing other things such as his profession but

he does not
during lucid

with regards to his married life it can be

know the
interval

different.
true meaning

Not just stubborn refusal but attributed to

of marriage

psychological causes (not necessarily insane)

Lacking in the exercise of the judgment not lack

PROOF to show P.I.:

of judgment
1.
Observe of duties
True inability to commit oneself to the essentials
(living together, etc.)

of marriage psychosexual disorders or other

2.
Procreation

personality disorders
3.
Obligation of parents to
Inability to commit to the essentials of marriage
children.

procreation, education of offspring, community

4.
Senseless and

of life and love

protracted refusal to
Must be characterized by:
have intercourse

5.
Unreasonable
1.
Gravity- grave or serious
attachment to ones
2.
Juridical antecedence rooted in history of the
other family or barkada

party and may manifest after the marriage.

6.
Transvestism
3.
Incurability
7.
Indulgence of private
Jurisprudential Guidelines (CA v. Molina):
fantasy

8.
Alcohol/substance
1.

Burden of proof to show the nullity of marriage

abuse

belongs to the plaintiff.

9.
Extreme immaturity

Root cause must be medically or clinically identified, alleged in the complaint, sufficiently proven by experts, clearly explained by the decision, must be
psychological not physical.

Proven to be existing at the time of the celebration of the marriage

Must be incurable (may be absolute or relative to the given spouse)
Must be grave
Essential marriage obligations are those embraced in articles 68 to 71 3 and Articles 220,
3

Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the domicile and in
case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other conjugal

27

221, 225 with regards to parents and children.

7.
Interpretations in National Appellate Matrimonial

tribunal of Catholic Church though not binding

are persuasive
Art. 37: Marriages between the following are
Reasons to Condemn Incestuous Marriages:
* The relationship being
incestuous and void from the beginning, whether
1.
Abhorrent to nature
legitimate or illegitimate is
relationship between the parties be legitimate or
2.

Brings about confusion of rights and duties

immaterial
illegitimate:
3.
Deficient and degenerate offspring
(1)
Between ascendants and descendants of any
4.
Control sex rivalries within families
degree; and
5.
To guide one towards the creation of new
(2)
Between brothers and sisters, whether of the full or
nuclear family
half blood.
6.
Brings about confusion with status
Art. 38: The following marriages shall be void from the
Simulates blood relations although legal fiction (bond created by law, against
beginning for reasons of public policy
public policy)
(1)
Between collateral blood relatives whether
COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a

legitimate or illegitimate, up to the fourth civil

lesser degree.

degree;
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not
(2)
Between step-parents and step-children;
provide that marriages between collateral blood relatives by the half-blood are prohibited.

(3)
Between parents-in-law and children-in-law;
Case Law: In Re: Simms Estate
(4)
Between the adopting parent and the adopted
Because of specification in brothers and sisters and no specification with uncles

child;
and nieces, marriage between uncles and nieces are not prohibited
(5)
Between the surviving spouse of the adopting
Unlike ruling in Audley where it deemed it was unnecessary
parent and the adopted child;
Marriage between uncles and nieces who are half-blood is valid due to the
(6)
Between the surviving spouse of the adopted child
presumption in favor of marriage.

and the adopter;

RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity
(7)
Between an adopted child and a legitimate child of
prohibited in the Family Code are marriages between stepparents and stepchildren and
the adopter;
parents-in-law and children-in-law. (May destroy the peacefulness in family relations)
(8)
Between adopted children of the same adopter;
Stepbrother and stepsister can marry each other since not included in the
(9)
Between parties where one, with the intention to
prohibition.

marry the other, killed that other person's spouse, or

*In the event that the marriage is annulled or nullified or in the event that the marriage is
his or her own spouse.
terminated by death affinity is terminated and thus those that were prohibited due to affinity

can now marry each other. Unless there are living issues (children) in whom the blood of

the parties continue to commingle.

ADOPTIVE RELATIONSHIP:

Who they cannot marry:

obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of both
spouses.

28

Adopter
Adopted

The adopted
The adopter

The surviving spouse of the adopted

The surviving spouse of adopter

(Envisions that the marriage was

(Envisions that the marriage was

terminated due to death. But if the

terminated due to death. But if the

marriage was terminated after the finality

marriage was terminated after the finality

of a nullity or annulment decree then they

of a nullity or annulment decree then they

can get married)

can get married)

Legitimate children of adopter

Other adopted children of the adopter

Who can they marry:

Adopter
Adopted

Children of adopted
Parents of adopter

Natural parent
Illegitimate child of the adopter

Other relatives
Other relatives

Spouse of adopted if alive and not married

Spouse of adopter if alive and not married

to adopted
to adopter

INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to

marry the other person, if not then not considered against public policy.

Ex. A wanted to marry B. B was married to C. A kills C because C stole from A. Then A

later on marries B. Such a marriage is valid.

*No criminal conviction is necessary mere preponderance of evidence is required to prove

the killing.

Art. 39: The action or defense for the declaration of

- Time to file an action for declaration of nullity of

absolute nullity of a marriage shall not prescribe

a marriage or to invoke such nullity as a

defense does not prescribe.

- Either party in a void marriage can file a nullity

case even though such party is the wrongdoer.

Only husband and wife can file a court case

declaring the marriage void. But it can still be

collaterally attacked by any interested party in

any proceeding where the determination of the

29

validity of marriage is necessary to give rise to

certain rights.
Art. 40: The absolute nullity of a previous marriage
- A judicial declaration of marriage is the only
* The subsequent marriage is
may be invoked for purposes of remarriage on the
acceptable proof so that a party can contract a
not considered bigamous since
basis solely of a final judgment declaring such previous
subsequent valid marriage. Without it the
the first marriage is not valid. In
marriage void.
subsequent marriage will be considered void.
a bigamous marriage the first
- In connection with it, Articles 52 and 53 which
subsisting marriage is valid.
In relation to:
has to do with the liquidation, partition and
Bigamy envisions 2 valid
Art. 52: The judgment of annulment or of absolute
distribution of the properties without which the
marriages. If the first or the
nullity of the marriage, the partition and distribution of
marriage will likewise be void.
second marriage is void then
the properties of the spouses and the delivery of the
BIGAMY: Committed by any person who shall contract a
there can be no bigamy.
children's presumptive legitimes shall be recorded in
second or subsequent marriage before the former
the appropriate civil registry and registries of property;
marriage has been legally dissolved or before the
otherwise, the same shall not affect third persons.

absent spouse has been declared presumptively dead

Art. 53: Either of the former spouses may marry again
by judgment.
after compliance with the requirements of the
- Marriage becomes void not because of bigamy but
immediately preceding Article; otherwise, the
because of certain impositions in law that must be done
subsequent marriage shall be null and void.
before contacting a second marriage.

*Without article 40 one cannot perform Article 52.

Art. 41: A marriage contracted by any person during
- A declaration of presumptive death is needed
Exception: Prior spouse has
subsistence of a previous marriage shall be null and
for the absentee in order to contact a new
been absent for 4 consecutive
void, unless before the celebration of the subsequent
marriage.
years and there is a well
marriage, the prior spouse had been absent for four
Article 42: The subsequent marriage made will become
founded belief (must exercise
consecutive years and the spouse present has a wellvoid with the recording of the affidavit of reappearance
due diligence to ascertain
founded belief that the absent spouse was already
of the subsequent spouse. Such notice will be filed in
whereabouts or if she is dead
dead. In case of disappearance where there is danger
the civil registry of the residence of the parties in
or alive) that absent spouse is
of death under the circumstances set forth in the
subsequent marriage, and give them due notice- ONLY
dead (2 years will suffice if
provisions of Article 391 of the Civil Code, an absence
CASE WHERE MARRIAGE IS TERMINATED
there was danger of death)
of only two years shall be sufficient.
EXTRAJUDICIALLY. Any interested party can file for the

For the purpose of contracting the subsequent

affidavit of reappearance.
marriage under the preceding paragraph the spouse
Exception to 42: if the affidavit is fraudulent then it is
present must institute a summary proceeding as
ineffectual.
provided in this Code for the declaration of presumptive

death of the absentee, without prejudice to the effect of

reappearance of the absent spouse.

Art. 43: The termination of the subsequent marriage

- Applies to Article 40, Article 41 and voidable
*Donation made between

30

referred to in the preceding Article shall produce the

marriages.
persons who are guilty of
following effects
STATUS OF CHILDREN: Children conceived during the
adultery or concubinage at the
(1) The children of the subsequent marriage
subsequent marriage contemplated in Art. 41 are
time of the donation is void.
conceived prior to its termination shall be considered
legitimate even if one of the contracting parties is in bad
legitimate;
faith.
(2) The absolute community of property or the
EFFECT OF TERMINATION ON THE PROPERTY
conjugal partnership, as the case may be, shall be
REGIME: The property regime shall be dissolved and
dissolved and liquidated, but if either spouse
liquidated. After the payment of all debts, the spouses
contracted said marriage in bad faith, his or her share
shall divide the net profits of the property equally or in
of the net profits of the community property or conjugal
accordance with the stipulated sharing. If a spouse
partnership property shall be forfeited in favor of the
acted in bad faith, the guilty spouse shall not get his
common children or, if there are none, the children of
share in the net profits (his/her share will be forfeited in
the guilty spouse by a previous marriage or in default of
favor of the common children, if none the children of the
children, the innocent spouse;
guilty spouse by a previous marriage, if none to the

(3) Donations by reason of marriage shall remain

innocent spouse.
valid, except that if the donee contracted the marriage
DONATIONS BY REASON OF MARRIAGE: If both
in bad faith, such donations made to said donee are
parties are in good faith, the donation shall be valid. If
revoked by operation of law;
the donee acted in bad faith in contracting the marriage,
(4) The innocent spouse may revoke the
the donation by reason of marriage is terminated by
designation of the other spouse who acted in bad faith
operation of law. If both are in bad faith neither can
as beneficiary in any insurance policy, even if such
recover what they have given.
designation be stipulated as irrevocable; and
DESIGNATION AS BENEFICIARY IN INSURANCE
(5) The spouse who contracted the subsequent
POLICY: The innocent spouse has the choice of
marriage in bad faith shall be disqualified to inherit from
revoking the beneficiary in an insurance policy even if
the innocent spouse by testate and intestate
the policy is irrevocable. (Should inform the insurance
succession.
company)

DISQUALIFICATION AS TO INHERITANCE: The

spouse who acted in bad faith shall be disqualified to

inherit from the innocent spouse. If both spouses are in

bad faith according to Article 44 the marriage is void and

the parties cannot inherit.

Art. 44: If both spouses of the subsequent marriage
- The marriage shall be considered void only if
acted in bad faith, said marriage shall be void ab initio
both spouses in the subsequent marriage are in
and all donations by reason of marriage and
bad faith.
testamentary dispositions made by one in favor of the
- The good faith of the spouse must be present
other are revoked by operation of law.
up to the time of the celebration of the

subsequent marriage.

31

VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment
(exclusive).
Article
Annotation
Exception/ Filing:
Article 45: Must exist at the time of marriage
- The parents of the child can annul the
Party to file suit: Parent or guardian before the
1. That the party in whose behalf it is sought to
marriage at any time prior to the time the child
child reaches 21 and the party who did not
have the marriage annulled was eighteen years
reaches the age of 21.
obtain consent within 5 years after reaching 21.
of age or over but below twenty-one, and the

marriage was solemnized without the consent

Ratification: Through cohabitation after reaching

of the parents, guardian or person having

the age of 21 years old.

substitute parental authority over the party, in

that order, unless after attaining the age of

twenty-one, such party freely cohabited with the

other and both lived together as husband and

wife

2. That either party was of unsound mind,

- Must be clear that illness is serious that
* If the spouse knew that the spouse was
unless such party after coming to reason, freely
cannot understand marriage contract at the time
insane prior to the celebration of the marriage
cohabited with the other as husband and wife
of the marriage.
she cannot annul the marriage.

Ratification: Through cohabitation by the person

Party to file suit: Sane spouse without

with the unsound mind after he has come to

knowledge before the death of either party,

reason
relative or guardian of insane at any time before

*Once ratified the marriage will be valid and no

the death of either party, and insane spouse

longer annullable even if the insanity comes

before the death of either party.

back.

3. That the consent of either party was obtained

*No other misrepresentations will be acceptable
Exception to 46(2): If the woman was unchaste
by fraud, unless such party afterwards, with full
to constitute fraud to annul a marriage.
and the man knew of her unchaste character.
knowledge of the facts constituting the fraud,
PREVIOUS CONVICTION: No need for
Exception to 46(2): If woman did not inform the
freely cohabited with the other as husband and
investigation on the part of the party but there
man but pregnancy was apparent.
wife
must be a final judgment.

Article 46: Fraud: existing at time of marriage

CONCEALMENT OF PREGNANCY:
Party to file suit: Injured party within 5 years

Concealment must be done in bad faith. Thus, if

after the discovery of fraud
1. Non-disclosure of previous conviction
the woman truly believed she was not pregnant

by final judgment of a crime involving

when she was the marriage cannot be annulled.

moral turpitude.
- Misrepresentation that she was

32

2. Concealment of the wife of the fact that

pregnant to induce the man to marry

she was pregnant at the time of

her when she was in fact not pregnant

marriage by another man.

is not considered for annulment.

3. Concealment of STD regardless of its

CONCEALMENT OF STD: Nature or gravity is

nature existing at the time of the

irrelevant; the fact that it was concealed was

marriage.
enough.

4. Concealment of drug addiction, habitual

CONCEALMENT OF ADDICTIONS: No exact

alcoholism, or homosexuality or
meaning but has been defined as persistent

lesbianism existing at the time of the

habit of becoming intoxicated, irresistible habit.

marriage.
*Does not need to get drunk all the time, the

habit of becoming periodically drunk and being

unable to resist when the opportunity arises.

CONCEALMENT OF GENDER PREFERENCE:

considers the effect on the injured spouse in

performing his/her marital duties. Mental fitness,

health, etc. Does not nurture a natural and

wholesome family,

Ratification: Cohabitation after the innocent

spouse has full knowledge of the facts

constituting the fraud

4. That the consent of either party was obtained

- Violence here may be physical or moral.
Party to file the suit: Injured party within 5 years
by force, intimidation or undue influence, unless
- Intimidation is when there is a reasonable and
from the time the force, intimidation or undue
the same having disappeared or ceased, such
well-rounded fear of an imminent and grave evil
influence disappeared or ceased.
party thereafter freely cohabited with the other
upon his person or property.

as husband and wife;

Ratification: Cohabitation after the cause of the

vitiated consent ceases.

5. That either party was physically incapable of

- Permanent inability on the part of one of the
Exception: Sterility is not considered impotency
consummating the marriage with the other, and
spouses to perform the complete act of sexual
because he can still engage in sexual coition.
such incapacity continues and appears to be
intercourse (must be incurable).

Organs for conception not necessary because

incurable
- Can originate from a psychological problem,
there is still passion.

which affects the physical.

- Must exist at the time of the marriage.

Party to file the suit: Within 5 years after the

- May be caused both by husband and wife.

marriage ceremony

NO RATIFICATION by cohabitation

33

Rule of triennial cohabitation: presumption of

impotence arises when wife remains a virgin

after 3 years from the time of marriage.

6. That either party was afflicted with a sexuallyNo ratification by cohabitation

transmissible disease found to be serious and

appears to be incurable

Art. 48: In all cases of annulment or declaration

- The state will ensure the prevention of
of absolute nullity of marriage, the Court shall
collusion between the parties (who may
order the prosecuting attorney or fiscal
make up a ground to annul the
assigned to it to appear on behalf of the State
marriage) and to ensure that the
to take steps to prevent collusion between the
evidence is not fabricated
parties and to take care that evidence is not
- No judgment shall be based on a

fabricated or suppressed
confession and a stipulation of facts
In the cases referred to in the preceding
only.
paragraph, no judgment shall be based upon a

stipulation of facts or confession of judgment

Art. 49: During the pendency of the action and

- While trial is on going the support of the
* In nullity cases, if the marriage is deemed to
in the absence of adequate provisions in a
spouses and custody of the children
be void then the one who got support should
written agreement between the spouses, the
shall be governed by whatever
return it with legal interest to the person who
Court shall provide for the support of the
agreement the parties have made. If
furnished support since such person was not
spouses and the custody and support of their
none then they shall be supported from
entitled to the support there being no marriage.
common children. The Court shall give
the absolute community of property or
paramount consideration to the moral and
conjugal partnership of gains.
material welfare of said children and their
- The court may however make the
choice of the parent with whom they wish to
necessary adjustments in case the
remain as provided to in Title IX. It shall also
agreement is inadequate.
provide for appropriate visitation rights of the

other parent.

Art. 50: The effects provided for by paragraphs

Article 43: effects of termination of subsequent
*The judgment and decree of nullity or
(2), (3), (4) and (5) of Article 43 and by Article
marriage (liquidation, disposition, donation,
annulment will become final upon the expiration
44 shall also apply in the proper cases to
insurance, inheritance)
of 15 days from the receipt of the parties of the
marriages which are declared ab initio or
Article 44: Both spouses of the subsequent
decision. (Thus any marriage prior to the 15
annulled by final judgment under Articles 40
marriage are in bad faith the marriage shall be
days may be considered bigamous since the
and 45.
void
marriage is still subsisting at that time.)
The final judgment in such cases shall provide
Article 40: Final judgment declaring a marriage
for the liquidation, partition and distribution of
was void for a subsequent marriage.

34

the properties of the spouses, the custody and

- In all other cases of a void marriage the

support of the common children, and the

delivery of third presumptive legitimes, unless

property regime will be governed by Art. 147

such matters had been adjudicated in previous

(wages and salaries owned by them in equal

judicial proceedings.
shares property governed by co-ownership) Art.

148 (properties acquired through joint

All creditors of the spouses as well as of the

contributions only and divided in proportion to

absolute community or the conjugal partnership

their contributions)

shall be notified of the proceedings for

liquidation.

In the partition, the conjugal dwelling and the lot

on which it is situated, shall be adjudicated in

accordance with the provisions of Articles 102

and 129.

Art. 51: In said partition, the value of the

Presumptive Legitime: Part of the property of
* The children or the guardian may seek the
presumptive legitimes of all common children,
the testator, which cannot be disposed of
enforcement for the delivery of the presumptive
computed as of the date of the final judgment of
because the law has reserved it for certain
legitime.
the trial court, shall be delivered in cash,
compulsory heirs. The decree of annulment or

property or sound securities, unless the parties,

nullity of marriage provides for the delivery of

by mutual agreement judicially approved, had

the presumptive legitimes this is in order to

already provided for such matters.

protect the legitime of the children from

subsequent marriage.

The children or their guardian or the trustee of

Ex. If A husband of B dies, their child C will

their property may ask for the enforcement of

inherit a legitime from As properties. In this

the judgment.
case there is no death thus the legitime is

presumed (what As properties would be if he

The delivery of the presumptive legitimes

died at this time) and that is what is given to C.

herein prescribed shall in no way prejudice the

In the event that the either or both

ultimate successional rights of the children

parents die later on the presumptive

accruing upon the death of either of both of the

legitime given is considered an

parents; but the value of the properties already

advance on their legitime and are just

received under the decree of annulment or

given the remaining balance due them.

absolute nullity shall be considered as

In void marriages other than that

advances on their legitime.

provided for in Art. 40, the presumptive

legitime is not delivered.

Art. 54: Children conceived or born before the

- Generally, children conceived and born
* If the child is conceived prior to the marriage

35

judgment of annulment or absolute nullity of the

outside a valid marriage or inside a void
and the marriage is terminated under Art. 36 or
marriage under Article 36 has become final and
marriage are illegitimate except those coming
53 child will be illegitimate (the subsequent void
executory shall be considered legitimate.
from a marriage void due to psychological
marriage even under these articles will not
Children conceived or born of the subsequent
incapacity and those due to lack of judicial
legitimate them)
marriage under Article 53 shall likewise be
decree of nullity or liquidation or dissolution of
legitimate.
property.

LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file on
behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary. Included
as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony
Physical violence here is measured not by the
* Does not include a ground for legal separation
1. Repeated physical violence or grossly
severity but by the frequency. However if it is
when the respondent-spouse inflicts violence on
abusive conduct directed against the petitioner,
not repeated or is not physical violence it may
his/her own child from a previous marriage but
a common child, or a child of the petitioner
be considered as grossly abusive conduct.
may cause to suspend or terminate parental

authority.
Grossly abusive conduct need not be repeated
Art. 231 (1): Parental authority can be
but more of a serious act: rely on proportionality
suspended when the parent treats the child with
and abusive conduct to what was committed.
excessive harshness or cruelty
- Continued indifference or aversion to

spouse and persistent neglect of duties

incident to marital relation, etc.

- Use of offensive and abusive language

with intent and fixed purpose of causing

unhappiness.

- Other acts of corruption, which do not

fall under prostitution.

2. Physical violence or moral pressure to
- There should be unity in the family and thus
*Enforce human rights through acceptance of
compel the petitioner to change religious or
the couple should learn to live with each others
the others right
political affiliation
political ideas.

3. Attempt of respondent to corrupt or induce

- The children here may or may not be
* Other forms of corruption can fall under grave
the petitioner, a common child, or a child of the
emancipated.
abuse of conduct
petitioner, to engage in prostitution, or
- The corrupt act here refers to prostitution only,
connivance in such corruption or inducement
a mere attempt is enough the respondent need

36

not be successful at the corruption or

inducement.

- There is no cause of action when the child

involved is that of the respondent from another

marriage.
4. Final judgment sentencing the respondent to
- The crime need not be against the other
imprisonment of more than six years, even if
spouse. It can be against anyone.
pardoned
- The fact that the crime had been pardoned

doesnt matter as long as there is a final

judgment.
5. Drug addiction or habitual alcoholism of the
- The extent and nature of such is the same, as
respondent
those in annulment cases but such grounds

may exist even after the marriage ceremony

unlike annulment.
6. Lesbianism or homosexuality of respondent
- Considered as a form of cruelty or mental

anguish

- Must engage in homosexual acts

7. Respondent contracts a subsequent
- Illegally contracting a marriage despite full
*Whether the marriage was done in the
bigamous marriage
knowledge that the first marriage still validly
Philippines or abroad is immaterial.
exists or without obtaining a judicial declaration

of presumptive death.

8. Sexual infidelity or perversion

- Other acts of sexual infidelity short of
Exception: If the wife condones sexual
concubinage and adultery are enough as long
perversion with her husband then it cannot be a
as they constitute a clear betrayal of trust.
ground for legal separation.
- Sexual perversion can be done to ones own

wife.

9. Attempt by the respondent against the life of

- Must come from an evil design or unlawful
Exception: when it is for self-defense (or some
the petitioner
cause
other justifiable reason)
- No nee for any criminal conviction,
Exception: Spouse caught the other in
preponderance of evidence is enough. (If there
flagrante delicto
is a criminal conviction, the other spouse can be

disinherited even if there is no legal separation

case filed)
10. Abandonment of petitioner by respondent
Willfully left the dwelling without intention of
*If there is an unjustifiable for leaving then it is
without justifiable cause for more than one
returning.
not considered abandonment.
year.
*There must be a wrongful intent to desert,

37

For purposes of this Article, the term "child"

continued for the statutory period.

shall include a child by nature or by adoption

Article 56: Denial of legal separation if they fall on the following grounds
1. Where the aggrieved party has condoned the offense or
- May be expressed or implied forgiveness
Exception: if after the
act complained of
- Not looking for an erring wife after she commits an
condonation the guilty spouse

offense does not mean forgiveness.

repeats the offense then can

still file for legal separation.

2. Where the aggrieved party has consented to the
Either spouse agreed or did not object to the
commission of the offense or act complained of
offense BEFORE it was committed.
3. Where there is connivance between the parties in the
- Where the spouses agree that one spouse will
commission of the offense or act constituting the ground for

commit the offense to give grounds for legal

legal separation
separation.

- Where one of the parties employed a 3rd party to

induce the other spouse to commit the offense to

give grounds.

- Corrupt consenting
4. Where both parties have given ground for legal separation
- When two persons acted in bad faith, they should

be considered as having acted in good faith.

5. Where there is collusion between the parties to obtain
- In collusion the couple makes it appear that there
decree of legal separation
is a ground for legal separation but actually there is

none.

- Corrupt agreement

- The act need not actually happen

6. Where the action is barred by prescription
- An action for legal separation must be filed within 5
Art. 57: An action for legal

years from the occurrence of the cause.

separation shall be filed within

- From the time the act occurred not the discovery of

five years from the time of the

the cause of action.

occurrence of the cause
Art. 58: An action for legal separation shall in no case be
- The defendant is required to answer the petition 15
*Failure to observe the 6tried before six months shall have elapsed since the filing of
days from the date of the receipt of the complaint.
month cooling off period is a
the petition
However whether or not the defendant files an
ground to set aside a decision

answer or not there should be no hearing on the

granting legal separation.

merits by the court until after a 6-month cooling-off

period is terminated.
*Other incidents may be heard

during the 6-month period

such as support and custody.

Art. 59: No legal separation may be decreed unless the
- The court must try to salvage the marriage by
* However even if there is no
Court has taken steps toward the reconciliation of the
taking steps towards reconciliation.
trial the couple may choose

38

spouses and is fully satisfied, despite such efforts, that

not to live together. They

reconciliation is highly improbable.

cannot be forced to live

together.
Art. 60: No decree of legal separation shall be based upon a
- If the defending party fails to answer he or
* If the case is vehemently
stipulation of facts or a confession of judgment.
she cannot be defaulted and the court shall
opposed and contested and it
In any case, the Court shall order the prosecuting attorney
order the prosecuting attorney to investigate
is clear that the litigation is a
or fiscal assigned to it to take steps to prevent collusion
whether there is collusion or not between
no-holds barred contest and
between the parties and to take care that the evidence is not
the parties.
not collusion the nonfabricated or suppressed.
Even if the party answers the fiscal is still
intervention of the prosecuting

mandated to make sure there is no

attorney is not fatal to the

collusion and that the evidence is genuine.

validity of the proceedings.
Art. 61: After the filing of the petition for legal separation,
- In the absence of a written agreement
* Death of the plaintiff before
the spouses shall be entitled to live separately from each
between the spouses, the court shall
the final decree in an action for
other
designate who shall administer the
legal separation terminates the
The court, in the absence of a written agreement between
properties (it can be a third person).
case.
the spouses, shall designate either of them or a third person

to administer the absolute community or conjugal

partnership property. The administrator appointed by the

court shall have the same powers and duties as those of a

guardian under the Rules of Court.

Art. 62: During the pendency of the action for legal

Art. 49: During the pendency of the action and in the
separation, the provisions of Article 49 shall likewise apply to

absence of a written agreement, the court will

the support of the spouses and the custody and support of
provide for the support and custody.
the common children.

Art. 63: The decree of legal separation shall have the

- Though the spouses are entitled to live separately
* No children below 7 years
following effects:
the marriage bond shall not be severed. They are
old shall be separated from
1. The spouses shall be entitled to live separately from each
still married to each other.
the mother unless the court
other, but the marriage bonds shall not be severed;
- The property shall be liquidated, the offending
finds compelling reasons to
2. The absolute community or the conjugal partnership shall
spouse shall have no share or right to the profits
order otherwise (Tender Years
be dissolved and liquidated but the offending spouse shall
earned and shall be forfeited in favor of the common
Doctrine)
have no right to any share of the net profits earned by the
children if none the children of the guilty spouse if
absolute community or the conjugal partnership, which shall
none then to the innocent spouse.
be forfeited in accordance with the provisions of Article
- The innocent spouse shall generally have custody
43(2);
of the children however the major consideration is
3. The custody of the minor children shall be awarded to the
always the paramount interest of the children.
innocent spouse, subject to the provisions of Article 213 of
- The offending spouse shall be disqualified from

this Code; and

inheriting form the innocent spouse by intestate

39

4. The offending spouse shall be disqualified from inheriting

succession furthermore provisions in favor of the
from the innocent spouse by intestate succession.
offending spouse made in the will of the innocent
Moreover, provisions in favor of the offending spouse made
spouse shall be revoked by operation of law.
in the will of the innocent spouse shall be revoked by

operation of law.

Art. 64: After the finality of the decree of legal separation,

The law gives the option to innocent party
the innocent spouse may revoke the donations made by him
whether to revoke or not the donation of the
or by her in favor of the offending spouse, as well as the
guilty party in an insurance.
designation of the latter as beneficiary in any insurance
The revocation must be made within 5
policy, even if such designation be stipulated as irrevocable.
years from the time the decree of legal
The revocation of the donations shall be recorded in the

separation has become final.

registries of property in the places where the properties are
* The revocation of or change in the designation of
located. Alienations, liens and encumbrances registered in
insurance beneficiary shall take effect after written
good faith before the recording of the complaint for
notification to the insurer not the insured since it
revocation in the registries of property shall be respected.
makes more sense however the law states
The revocation of or change in the designation of the
notification should be given to the insured thus that
insurance beneficiary shall take effect upon written
should be followed.
notification thereof to the insured

The action to revoke the donation under this Article must be

brought within five years from the time the decree of legal

separation become final.

Art. 65: If the spouses should reconcile, a corresponding

If the case is still pending then it shall be
* The creditors should be
joint manifestation under oath duly signed by them shall be

terminated, if the decree has been issued

informed of the changes with
filed with the court in the same proceeding for legal
then it shall be set aside.
regard to the property etc.
separation.
Separation of properties will still subsist, but

the parties can enter into an agreement to

revive the prior property regime.

Art. 66: The reconciliation referred to in the preceding
Generally the law provides that one can
Articles shall have the following consequences:
only fix the property regime before the
1. The legal separation proceedings, if still pending, shall
marriage celebration but the rules now set
thereby be terminated at whatever stage; and
forth that the adoption of another property
2. The final decree of legal separation shall be set aside, but
regime can be made aside from that which
the separation of property and any forfeiture of the share of
they had previously existing during their
the guilty spouse already effected shall subsist, unless the

marriage.
spouses agree to revive their former property regime.
EFFECT OF REVIVAL:
The court's order containing the foregoing shall be recorded
1.
If creditors are notified they should file
in the proper civil registries.
opposition on properties if they have debts

40

Art. 67: The agreement to revive the former property regime

that should be paid by either spouse.

referred to in the preceding Article shall be executed under
2.
If creditors are notified but they dont file
oath and shall specify:

they cannot get from the properties that will

1. The properties to be contributed anew to the restored

be placed in co-ownership in the revival.

regime

3.
If creditors are not notified then they can
2. Those to be retained as separated properties of each

collect from properties co-owned.

spouse; and

4.
If creditors are not notified but there are

3. The names of all their known creditors, their addresses

separate properties they cant get from coand the amounts owing to each.

owned properties.

The agreement of revival and the motion for its approval

shall be filed with the court in the same proceeding for legal

separation, with copies of both furnished to the creditors

named therein. After due hearing, the 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.

The recording of the ordering in the registries of property

shall not prejudice any creditor not listed or not notified,

unless the debtor-spouse has sufficient separate properties

to satisfy the creditor's claim.

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 68: The husband and wife are obliged to

Reason: So couples wont abandon each other
* Remedy if other spouse is not living with you:
live together, observe mutual love, respect and
based on their whims and caprices
seek relief from court so that you do not have to
fidelity, and render mutual help and support.
- Procreation is also an essential marital
give him support.
obligation.

- A court cannot compel the spouses to

A husband can be liable for raping his
live together, observe mutual love,
wife however the subsequent
respect and fidelity.
forgiveness by the wife to the offended
RAPE:

party shall extinguish the criminal

1. Committed by a man against a woman who
action.
shall have carnal knowledge of her through

BEFORE: Matrimonial exemption from rape

force, intimidation or threat; when she is
1. Man and woman become 1 so man
deprived of reason or consciousness,
cannot rape himself
machinations or grave abuse of authority.
2. Marriage contract means wife consents
2. Even if none of the circumstances are
to all and any sexual intercourse with
present if woman is below 12 or demented.
husband.

41

3. Any person who inserts any foreign object

REBUT:

into genital or anal orifice (rape can be

1. Woman has certain rights and liberties,

committed against a man)

which separate her from the man.

4. Any person who inserts penis into oral or

2. Absolute consent is not sound since

anal orifice.
marriage itself is revocable.
Art. 69: The husband and wife shall fix the
The domicile of natural persons is the

family domicile. In case of disagreement, the

place of their habitual residence, where

court shall decide.

parties intend to have their permanent

The court may exempt one spouse from living

residence.

with the other if the latter should live abroad or

In case of disagreement between the

there are other valid and compelling reasons for

husband and the wife the court shall

the exemption. However, such exemption shall

decide.

not apply if the same is not compatible with the

The spouse not living in the domicile

solidarity of the family.

must prove the intent of husband is for

solidarity of family.

Art. 70: The spouses are jointly responsible for

EXPENSES FOR SUPPORT AND OTHER

the support of the family. The expenses for

CONJUGAL OBLIGATIONS:

such support and other conjugal obligations

1.
From the community property

shall be paid from the community property and,

2.
In absence thereof income of fruits of

in the absence thereof, from the income or

the separate properties

fruits of their separate properties. In case of

3.
If insufficient or absent from the

insufficiency or absence of said income or

separate properties themselves.

fruits, such obligations shall be satisfied from

the separate properties.

Art. 71: The management of the household

Shall be the right and duty of both

shall be the right and the duty of both spouses.

spouses regardless of what the

The expenses for such management shall be

property regime is.

paid in accordance with the provisions of Article

In the event that one of the spouses

70.
neglects his or her duties or commits

Art. 72: When one of the spouses neglects his

acts that endanger or dishonor the

family he aggrieved party may apply to

or her duties to the conjugal union or commits

the court for relief.

acts which tend to bring danger, dishonor or

FORMS OF RELIEF:

injury to the other or to the family, the aggrieved

1.
Legal separation

party may apply to the court for relief.

2.
Psychological incapacity

3.
Petition for receivership judicial,

separation of property to become sole

42

administrator of property.

Art. 73: Either spouse may exercise any

Based on presumption, despite
Exceptions: For the separate properties to be
legitimate profession, occupation, business or
objection (before or after) it will still go
liable the other spouse must have no
activity without the consent of the other. The
to family.
knowledge of the immoral activity and therefore
latter may object only on valid, serious, and
VAWC: If husband prevents you from
could not give an objection even if benefit
moral grounds.
doing a right then punishable by law.
accrues to the family.
In case of disagreement, the court shall decide
The objection must be all valid, serious,

Exception liability against separate property: If

whether or not:
and on moral grounds at the same

1. The objection is proper; and

time.
the creditor did not know of the immoral activity
2. Benefit has occurred to the family prior to the
If it is an isolated activitycontract
or thought it was to be used for a legitimate
objection or thereafter. If the benefit accrued
without consent of other spouse, the
business, creditor can collect from conjugal
prior to the objection, the resulting obligation
conjugal spouse cant be liable
properties.
shall be enforced against the separate property
GENERAL RULE:

of the spouse who has not obtained consent.

1.
Obligations incurred before or after the

The foregoing provisions shall not prejudice the

marriage but redounding to the benefit

rights of creditors who acted in good faith.

of the family shall be charged to the

conjugal properties

2.
Spouses job redounds to the benefit of

the family thus obligations can be

satisfied from the conjugal property.

3.
If the benefit accrued prior to the

objection, the resulting obligation shall

be enforced against the separate

property of the spouse who has not

obtained consent.

PROPERTY RELATIONS

Art. 74: The property relationship between

Marriage Settlements: must be in writing signed
EFFECT OF NO MARRIAGE SETTLEMENT:
husband and wife shall be governed in the
by the parties, and made prior to the celebration
1. If the mortgage was registered then the
following order:
of the marriage if it is not in writing it shall be
new spouses property will also be
1. By marriage settlements executed before the
unenforceable.
liable.
marriage;
If there is no marriage settlement
2. If the mortgage was not registered the
2. By the provisions of this Code; and
agreed upon or if the same is void, then
new spouse will not be liable but the
3. By the local custom.

the absolute community if property will

mortgage will be impaired and the

43

prevail.
debtor spouse will loose the right to
EFFECT OF MARRIAGE SETTLEMENT:
make use of the period.
1. Property in marriage settlement is
Must give new securities so as
registered did not redound to family,
not to loose the period.
creditor cant get from co-owned

2. If marriage settlement is not registered,

* If the marriage settlement does not
can get from co-owned
particularize any valid property regime such
3. If redounded to benefit of family can get
provision is void and thus the absolute
from co-owned even if not registered.
community of property shall prevail.
*Marriage settlement must be fair, they must

exercise good faith in contracting the marriage

settlement. However if the agreement is not fair

as long as the disadvantaged spouse shows

that he/she understood it then the marriage

settlement shall be maintained.

LOCAL CUSTOMS: rule of conduct formed by

repetition of acts uniformly observed as a social

rule, legally binding and obligatory.

Art. 75: The future spouses may, in the
- If a marriage settlement is absent or property
marriage settlements, agree upon the regime of
regime agreed upon is void, Absolute
absolute community, conjugal partnership of
community of property will govern.
gains, complete separation of property, or any

other regime. In the absence of a marriage

settlement, or when the regime agreed upon is

void, the system of absolute community of

property as established in this Code shall

govern.

Article 76: Modifications in marriage

Art. 77: The marriage settlements and any
Exception under Article 66 and 67: Revival or
settlement must be made before the celebration
modification thereof shall be in writing, signed
adoption of new property regime when those
of the marriage.
by the parties and executed before the
legally separated have reconciled.
celebration of the marriage. They shall not
Exception under Article 128: in case of
prejudice third persons unless they are
abandonment of a spouse other spouse can
registered in the local civil registry where the
petition for receivership or administration of
marriage contract is recorded as well as in the
properties or judicial decree of separation of
proper registries of properties.
properties
(Oral marriage settlement is VOID)
Exception under Article 135: Further grounds

for judicial separation of property

44

Exception under Article 136: voluntary and

verified petition in court of both spouses to

modify regime into separate community of

property regime.
Art. 78: A minor who according to law may
- Now a minor or a person below 18 years old
contract marriage may also execute his or her
cannot contract to a marriage. An 18-year-old
marriage settlements, but they shall be valid
person deciding to get married can execute a
only if the persons designated in Article 14 to
marriage settlement without obtaining consent.
give consent to the marriage are made parties

to the agreement, subject to the provisions of

Title IX of this Code.

Art. 79: For the validity of any marriage

- It is mandatory that a person with civil
settlement executed by a person upon whom a
interdiction must have a guardian appointed by

sentence of civil interdiction has been

the court to be involved in making the marriage
pronounced or who is subject to any other
settlement
disability, it shall be indispensable for the
CIVIL INTERDICTION: deprives the offender
guardian appointed by a competent court to be
during the sentence, rights in marriage, parental
made a party thereto.
rights, and administration of property.
Art. 80: In the absence of a contrary stipulation
Extrinsic validity: The form of the contract has to
in a marriage settlement, the property relations
follow whatever is the law in the country for
of the spouses shall be governed by Philippine
changes to be made (change title etc.)
laws, regardless of the place of the celebration

of the marriage and their residence

This rule shall not apply:

1. Where both spouses are aliens;

2. With respect to the extrinsic validity of

contracts affecting property not situated in the

Philippines and executed in the country where

the property is located; and

3.With respect to the extrinsic validity of

contracts entered into in the Philippines but

affecting property situated in a foreign country

whose laws require different formalities for its

extrinsic validity.

Art. 81: Everything stipulated in the settlements

- The reason for the marriage settlement is the
* Donations in marriage settlements are
or contracts referred to in the preceding articles
marriage itself thus if it does not take place the
revoked by operation of law.
in consideration of a future marriage, including
marriage settlement shall not be valid.

45

donations between the prospective spouses

- The provisions in a marriage settlement are

made therein, shall be rendered void if the

separable thus if there are provisions which are
marriage does not take place. However,
invalid then only the invalid provisions will be

stipulations that do not depend upon the

ineffectual while the rest will be enforced.

celebration of the marriages shall be valid.

VOID MARRIAGE SETTLEMENTS

ARTICLE 76

Those not written, signed and made before the

celebration

Article 76

Those that stipulate that neither local custom

nor absolute community of property will govern

without stipulating any other kind of property

regime.

Article 80

Those made by a person upon who a sentence

Exception: unless a guardian appointed made

of civil interdiction is given

by a competent court is made party thereto
Article 81

Those stipulated in marriage settlement or

Exception: stipulations that dont depend on

contracts made in consideration of marriage

the celebration of the marriage shall remain

(donations) will be void if marriage does not

valid.

take place

Effects on creditors

Marriage settlements
- Only needs to be registered in order to bind third parties.
Exception to third party rule: If indebtedness
If registered third parties cannot go after conjugal property
benefited to the family then can go after community of

property.
No marriage settlements:
If there is no marriage settlement:
Exception to impairment of property: if debtor
Absolute community of
1.
If property is registered then spouse is bound by
immediately gives new property equally satisfactory
property.

mortgage
or get consent of X to the security or collateral
2. If property is not registered then property is
already established, then he does not loose period of

impaired and the debtor looses period of loan.

loan.
DONATIONS

Art. 82: Donations by reason of marriage are

DONATIONS PROPTER NUPTIAS:
Procedure--Movable:
those, which are made before its celebration, in
1. Donations are to be made prior to the celebration of
1. Accepted personally or
consideration of the same, and in favor of one or
marriage
representative
both of the future spouses.
2. Must be made in favor of 1 or both of the spouses. Can
2. Made in lifetime of donor and
be made by a third party in the settlement.
donee
Art. 83: These donations are governed by the
Donation between spouses:
3. Can be orally given as long as
rules on ordinary donations established in Title III
1. A valid marriage settlement must stipulate
with simultaneous delivery or
of Book III of the Civil Code, insofar as they are
another regime than Absolute Community of
document representing right of
not modified by the following articles.
Property (ACP)
donated (if above 5000 then must be

46

2. Donation cannot be more than 1/5 of the present

in writing)
Art. 84: If the future spouses agree upon a
property of the donee spouse.

regime other than the absolute community of

3. Must be accepted and comply with other.
Procedure--Immovable:
property, they cannot donate to each other in
Exception: 1/5 rule will not apply if donation is in a
1.must be in public document
their marriage settlements more than one-fifth of
separate deed, provided he has enough to support
2. Acceptance made in that
their present property. Any excess shall be
himself and those relying on him.
document or separate
considered void.
3. Must be made in lifetime of donor.
Donations of future property shall be governed
DONATIONS EXCLUDED:
by the provisions on testamentary succession

and the formalities of wills.

1. Made in favor of the

spouses after the

celebration of the marriage

2. Executed in favor of the

future spouses but not in

consideration of marriage

3. Granted to persons other

than the spouses even

though they may be founded

on the marriage.
Article 85: Donations by reason of marriage of
ENCUMBRANCE: Anything that impairs the use or

property subject to encumbrances shall be valid.

transfer of property (burdened)

In case of foreclosure of the encumbrance and

- If the object of the donation is encumbered it is still valid

the property is sold for less than the total amount

but the donees rights is still subject to the encumbrance.

of the obligation secured, the donee shall not be

IN CASE OF ENCUMBRANCE OF PROPERTY:

liable for the deficiency. If the property is sold for

1. Donee wont be liable for insufficiency of property to

more than the total amount of said obligation, the

creditor. The donor will still be liable for that.

donee shall be entitled to the excess.

2. Donee can keep excess if property more than satisfies

the debt.

3. Donee cannot ask for reimbursement from donor if

mortgage is foreclosed.

- But wont be liable for deficiency, and gets the excess if

sold for more than amount.

Art. 86: A donation by reason of marriage may

1. Marriage is not celebrated or is void ab initio
Exception: If the donation is in the
be revoked by the donor in the following cases:
(including art. 52-53)
marriage settlement it will be
1. If the marriage is not celebrated or judicially
Prescription:
revoked by operation of law.
declared void ab initio except donations made in
- Marriage is void: 5 years from Judicial
Exception: If the marriage is void
the marriage settlements, which shall be
Declaration of Nullity (if doesnt want to give it
due to Article 40, or Article 44, then

47

governed by Article 81;

back, prescribe after 8 years for movable, 30
automatically revoked
2. When the marriage takes place without the
years for immovable)

consent of the parents or guardian, as required

Marriage not celebrated: 5 years from when it

by law;
was not celebrated

3. When the marriage is annulled, and the donee

2.
Marriage takes place without consent of parents

acted in bad faith;

Prescription:

4. Upon legal separation, the donee being the

- 5 years from the time he had knowledge that consent

guilty spouse;
was not obtained, after the marriage.

5. If it is with a resolutory condition and the

3.
Upon legal separation when donee is the guilty
Exception: if the ground for legal
condition is complied with;
spouse
separation is infidelity in the form of
6. When the donee has committed an act of
Prescription:
adultery or concubinage it will be
ingratitude as specified by the provisions of the
- 5 years from finality of decree.
automatically void.
Civil Code on donations in general.

4.
When there is a resolutory cause and the
Exception: between husband and

condition has been complied with

wife prescription does not run.

Prescription:

5 years from the happening of the resolutory condition.

6. Acts of ingratitude:

- Donee commits an offense against the person or

property of the donor, his wife, or children

- Donee imputes to the donor any criminal offense

involving moral turpitude unless it against the donee

- Donee unduly refuses to support donor when he is

legally or morally bound to give support.

Prescription:

- 1 year from the time the donor had knowledge of the

fact of ingratitude

Art. 87: Every donation or grant of gratuitous

What constitutes a moderate gift depends on the
Void Donations: (considered
advantage, direct or indirect, between the
financial capacity of the donor.
indirect donations to the spouse)
spouses during the marriage shall be void,
Under the last sentence of Art. 87it must be
1. To a stepchild who has no
except moderate gifts which the spouses may
shown that the donation was made at a time
compulsory or legal heirs
give each other on the occasion of any family
when they were still living together as husband
2. To a common child who has
rejoicing. The prohibition shall also apply to
and wife without the benefit of marriage.
o compulsory or legal heirs
persons living together as husband and wife
Validity of donation or transfer cannot be
3. To the parents of the other
without a valid marriage.
challenged by anyone unless those that will be
spouse

affected by the donation.

4. To the other souses

RESERVA TRONCAL: the ascendant who inherits from

adopted child

his descendant any property which the later may have

5. To common adopted child

48

acquired by gratuitous title from another ascendant or

who has no other
sibling is obliged to reserve such property for the benefit
compulsory and or legal
of relatives within the 3rd degree and who belong to the
heirs.
same line.

Ex. H is married to W and has a son S. H has a brother

B. H dies and donates to S his property. After which, S

dies without any heirs and thus the property goes to W. If

W dies the property does not go to her heir but to B so

that the property stays in the same line of the original

owner (once owed by H) and is within the third degree of

S.

Property Regime
What included
What excluded
Notes
Charges
Liquidation process
Absolute
All properties
Article 92:
Art. 89: No waiver of rights,
Article 94:
Termination:
community of
owned before and
1.provided in marriage
shares and effects of the
1. Support (spouses,
Art. 97: Either
property
after.
settlement
absolute community of
common & legitimate
spouse may dispose
Art. 88: The
2. Personal and exclusive
property during the
children)
by will of his or her
absolute community
Art. 91: Unless
use of either spouse
marriage can be made
- Even beyond age of
interest in the
of property between
otherwise provided
(except jewelry)
except in case of judicial
majority
community property.
spouses shall
in this Chapter or in
- However if exclusive
separation of property.
2. Debts & obligations

commence at the
the marriage
property is used to
made by both,
Art. 98: Neither
precise moment
settlements, the
purchase something else
When the waiver takes
administrator, or with
spouse may donate
that the marriage is
community property
such property becomes
place upon a judicial
consent of other spouse
any community
celebrated. Any
shall consist of all
part of ACP
separation of property, or
(even if did not redound)
property without the
stipulation, express
the property owned
1.Property acquired by
after the marriage has been
3. D & O without consent
consent of the other.
or implied, for the
by the spouses at
gratuitous title including
dissolved or annulled, the
but redounded.
However, either
commencement of
the time of the
the fruits and income
same shall appear in a
4. Expenses for community
spouse may, without
the community
celebration of the
UNLESS the guarantor
public instrument and shall

property (taxes, liens,

the consent of the
regime at any other
marriage or
expressly said they will
be recorded as provided in
charges)
other, make moderate
time shall be void
acquired thereafter.
form part of ACP
Article 77. The creditors of
5. Taxes & expenses for
donations from the

- Must be a valid donation

the spouse who made such
preservation during
community property
(Default regime if
(cant be donation made
waiver may petition the
marriage of separate
for charity or on
nothing stipulate
Art. 93: Property
by one spouse to another)
court to rescind the waiver
property used by family
occasions of family
exception:
acquired during the
2.Property acquired by
to the extent of the amount
6. Expenses for selfrejoicing or family
subsequent
marriage is
either spouse who has
sufficient to cover the
improvement or profession.
distress
marriage after
presumed to belong
legitimate descendants

amount of their credits.

7. Antenuptial debts
Article 99:

49

provisions on
codeath will
to the community,
and the fruits of that
* No waiver of rights,
automatically be
unless it is proved
property
interests, shares, and
CSP if there was no
that it is one of
*Winnings from gambling
effects without judicial
proper liquidation of
those excluded
(losses borne by looser)
separation or dissolution or
the properties of the
therefrom.
annulment of marriage

of the debt)
ownership shall

Art. 96: The

administration
apply to the

absolute
community

and enjoyment
of the
of property
between

previous marriage)
community
property shall
shall appear in a public
the spouses in
all

instrument (creditors may

Art. 90: The

rescind waiver up to extent

belong to both
spouses
matters not

jointly. In case of
provided for in this

disagreement, the

decision.

Chapter.

husband's decision shall

prevail, subject to recourse

In the event
that one

spouse is
incapacitated or

to the court by the wife for

otherwise
unable to

proper remedy, which must

participate in
the
be availed of within five

administration
of the
years from the date of the

contract implementing such

common
properties, the

other spouse may assume

sole powers of

administration. These

powers do not include

disposition or encumbrance

without authority of the court

or the written consent of the

redounding to family

1.
Death
8. Donation
made by both
- Same
proceeding as
spouses for
children to
settlement of
estate.
pursue vocation
or selfSpouse shall
liquidate
improvement
property if no
judicial
9. For
illegitimate
children,
settlement
proceeding
fines for
crimes/quasi
delict
within 1 year.
After 1
in case of
insufficiency.
year cannot
may
(Advances)
encumbrance
on
10. Expenses
for litigation
property.
* Solidary
liability does not
2.
Legal
separation
include antenuptial debts
4.
Annulled or void
not redounding,
support of

(governed by art. 147

illegitimate, liabilities thru
& 148 except if void
crime/delict.
under Article 40)
5.
Judicial separation
Art. 95: Whatever may be
of property
lost during the marriage in
6.
Reappearance of a
any game of chance,
spouse presumed
betting, sweepstakes, or
dead.
any other kind of gambling,
Procedure:
whether permitted or
Article 102:
prohibited by law, shall be
1.
Inventory (separate
borne by the loser and
and community)
shall not be charged to the
2.
D&O of ACP shall
community but any
be paid out, in case of
winnings therefrom shall

50

insufficiency
solidarily
form part of the
community
liable with
separate
property.
property.
3.
Exclusive prop
delivered.
4.
Net remainder
of
ACP divided
equally
unless different
proportion in
settlement or
waiver.
5.
Delivery of

other spouse. In the

presumptive

absence of such authority or

legitimates

consent, the disposition or

6. Conjugal dwelling

encumbrance shall be void.

with spouse with most

However, the transaction

children

shall be construed as a

continuing offer on the part

of the consenting spouse

and the third person, and

may be perfected as a

binding contract upon the

acceptance by the other

spouse or authorization by

the court before the offer is

withdrawn by either or both

offerors.

* Spouses administer and

enjoy property jointly.

Husband decision prevails

subject to recourse of wife

within 5 years from date of

contract implementing

decision. BUT if wife ratifies

contract express or implied

cant annul anymore.

- If disposition is made

without knowledge or

consent of other person no

prescription.

ACP
SEPARATION IN FACT:
- Abandonment is different from separation in fact.

Art. 100: The separation in fact between

Abandonment has to do with total abdication of all marital

husband and wife shall not affect the regime of

and parental authority.

absolute community except that:

- If the spouse left with a valid cause he or she can still be

supported from the ACP.

1.The spouse who leaves the conjugal home or

- The ACP can still be liable for obligations incurred by the

refuses to live therein, without just cause, shall

separating spouse that may redound to the benefit of the

not have the right to be supported;

family.

51

2.When the consent of one spouse to any

- Even the guilty spouse can compel the sale of property,

transaction of the other is required by law,

which will redound to the benefit of the family.

judicial authorization shall be obtained in a

- Only the present spouse is given standing by the law to

summary proceeding;

file a petition to encumber or administer the property of the

3. In the absence of sufficient community

other spouse.

property, the separate property of both spouses

shall be solidarily liable for the support of the

family. The spouse present shall, upon proper

petition in a summary proceeding, be given

judicial authority to administer or encumber any

specific separate property of the other spouse

and use the fruits or proceeds thereof to satisfy

the latter's share.

ACP
Art. 101: If a spouse without just cause

ABANDONMENT: Implies a departure by one spouse

abandons the other or fails to comply with his or

with the avowed intent never to return, followed by

her obligations to the family, the aggrieved

prolonged absence without just cause.

spouse may petition the court for receivership,

- Should not only be physical but also financial and moral

for judicial separation of property or for authority

desertion.

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.

Conjugal
Article 106:
Article 109:
Art. 107: The rules
Article 121:
Termination:
Partnership of
- Proceeds, products,

1. Brought into the

provided in Articles 88 and
1.support of spouse common
Article 126:

52

Gains:
fruits and income from
marriage as his or her
Art. 105: In case
their separate
own
the future spouses
properties
2. Acquired by
agree in the
- Those acquired by
gratuitous title
marriage
their efforts or chance
- By way of succession
settlements that the
- Income and fruits by
- Honorarium (given in
regime of conjugal
gratuitous title (diff
appreciation for
partnership gains
from ACP)
services rendered)
shall govern their
- Annuity: retirement
3. Acquired by right of
property relations
on an annuity
redemption, barter,
during marriage,
(received as a matter
exchange
the provisions in
of right)
- Even if money used
this Chapter shall
-Pension: serious
to redeem is conjugal
be of
previously rendered
(reimbursement)

supple
mentar
y
for
which
full and
4.
Bought
with
applica
tion.
adequ
ate
exclusi
ve
money
of
compe
nsation
was
either
spouse
.
The
provisi
ons of
not
receive
d at
the
*Onero
us
donati
ons
this
Chapt
er
shall
time.
*Desig
nated
share
in
also
apply

to
Article 117:
donation
conjugal
1. Acquired by
*Gratuity
(amount
partnerships of
onerous title
using
given by gobs
for
gains already
common funds.
previous work)
established
2. Obtained by
labor
between
spouses
or industry or
work
Art. 110: The
spouses
before the
3. Fruits, natural,
retain the
ownership,
effectivity of this
industrial, or civil
due
possession,
Code, without
received during
administration
and
prejudice to
vested
marriage from
enjoyment of
their
rights already
common prop
exclusive
properties.

acquired in
- Net fruits of

exclusi
vely.

accordance with the

exclusive property
Either spouse may,
Civil Code or other
BUT personal
during the marriage,
laws, as provided in
damages are not
transfer the
Article 256.
conjugal.
administration of his
or

- Either
spouse
can
transfe
r
admin
of prop
to
other
spouse
thru
public
instru
ment.

4. Share in hidden
her exclusive property
Presumption is that
treasure
to the other by means

89 shall also apply to

conjugal partnership
of gains.
Art. 108: The conjugal
partnership shall be
governed by the rules
on the contract of
partnership in all that is
not in conflict with what
is expressly
determined in this
Chapter or by the
spouses in their
marriage settlements.
Prohibition on waiver.
*Properties brought
into the marriage by
the contracting parties
belong to each of them

Art.
118:
Propert
y
bought
on
install
ments
paid
partly
from
exclusi
ve
funds
of
either
or both
spouse
s and
partly
from
conjug
al
funds
belong
s to the
buyer
or
buyers
if full
owners

hip was vested

before the
marriage and to
the conjugal
partnership if
such ownership
was vested
during the
marriage. In
either case, any
amount
advanced by

and legitimate
children
1.Death
2.D&O by
admin, both or
2.Legal
Separation
either spouse
with consent of
3. Annulled or
other.
declared void.
3.D&O without
consent of
4.Judicial
Separation
other but
redounding.
4.expenses for
conjugal prop
Article 127 and
128:
(taxes, liens)
-Provisions on
5.taxes and
expenses for
separation in
fact and
preservation of

separate
abandonment has the
property (no need for
use)
same application as in
6.expenses for
spouse for
ACP article 100 and
profession or self101.
improvement.
Procedure:
7.Antenuptial debts
Article 129:
redounding to family.
1.Inventory of
8.donation of both for
separate and conjugal
children for profession
or
prop
self-improvement.
2.Payment of
9.expenses of
litigation
advances
between spouses
3.Reimbursement to
Not to be paid by
cpg:
the spouses.
Article 122:
4.D&O paid out by
-Payment of personal

53

debts
CPG,
insuffic
iency
contra
cted by
the
husba
nd or
solidari
ly
liable.
wife
before
or
during
the
5.exclu
sive
prop
marria
ge
unless
they
deliver
ed
redoun
ded to
the
benefit
of
6.loss
or
deterio

ration
the family.
of movables paid
from
However, fines
and
CPG
indemnities
imposed support
7.Net remainder
to be
of illegitimate
children can be
divided (unless
MS or
paid by the
assets AFTER
waiver)
the payment of
obligations
8.Delivery of
provided in Art.
121. But at
presumptive
legitimes
the time of
liquidation the
9.Conjugal
dwelling
spouse who
used such funds

all property
5. Fishing and hunting
of a public instrument,
the partnership or by either
acquired during
6. Excess livestock
which shall be
or both spouses shall be
marriage even if in
(those brought in to
recorded in the registry
reimbursed by the owner
the name of one
the marriage by one
of property of the place
or owners upon liquidation
spouse is conjugal
will reimbursed
the property is located.
of the partnership.

marria
ge: still
consid
ered

conju
gal
funds
to
buy a

exclusi
ve
propert
y even
if

new
prope
rty:
new

spouse
is
made
coowner

prope
rty will
be
consi
dered

in title
(consid
ered a
trust)

conju
gal.

unless otherwise
7. Acquired by chance
Property bought before
provided.

but title registered after

Separa
te
proper
ty plus

Prop
erty
boug
ht on

installment partly from

amt is
exclusi
ve
while

exclusive and partly from

interest
is
conjug
al.
conjugal: when title was

vested will govern, then

reimburse (Art. 119)

Principal payments and

interest paid to a spouse

during marriage: principal

will be
charge
d.
If
charge
s are
paid,
and no
proper
ty or
insuffi
cient
CPG
pays:
-Fines,
debts
before
the
marriag
e

Supp
ort of
illegiti
mate
*Subj
ect to
reimb
ursem
ent
(ACP
no
need
to pay
out all
charg
es
first)
Articl
e 120
1.If
impro
veme
nt
made
by cp
is
more
than
value
of the
prope
rty,
entire
prope
rty will
be
conju
gal
reimb
urse
spous
e.
2. If
amou
nt is

not more than it will still be

separate property subject to
reimbursement to CPG.
(Ownership will vest upon
reimbursement)
Art. 123: Whatever may be lost
during the marriage in any game
of chance or in betting,
sweepstakes, or any other kind of
gambling whether permitted or
prohibited by law, shall be borne
by the loser and shall not be
charged to the conjugal
partnership but any winnings
therefrom shall form part of the
conjugal partnership property.

Article 130: in case of death the

liquidation proceeding will be in
the same proceeding as the
settlement of the estate of the
deceased. (Same application as
in ACP article 103)

54

Art.
133:
From
the
commo
n mass
of
propert
y
support
shall be
given to
the
survivin
g
spouse
and to
the
children
during
the
liquidati
on of
the
invento
ried
propert
y and
until
what

belon
gs to
them
is
delive
red;
but
from
this
shall
be
deduc
ted
that
amou
nt
receiv
ed for
suppo
rt
which
excee
ds the
fruits
or
rents
pertai
ning
to
them.

CPG
Art. 110: The spouses retain the ownership,
- Each spouse is to retain ownership,

possession, administration and enjoyment of

administration, possession and enjoyment of their

their exclusive properties.

exclusive properties.

Either spouse may, during the marriage, transfer

- Administration includes entering into contracts,

engaging in litigation, and collection of fruits,

the administration of his or her exclusive

profits and income arising from separate property.

property to the other by means of a public

- The owner spouse can transfer administration of

instrument, which shall be recorded in the

the property not only to the other spouse but also

registry of property of the place the property is

to any third person without the consent of the

located.
other spouse.

CPG
Art. 111: A spouse of age may mortgage,
- Art. 111 is no longer necessary, as the age of

encumber, alienate or otherwise dispose of his

marriage is also the age of emancipation.

or her exclusive property, without the consent of

- If the owner-spouse alienates his property the

the other spouse, and appear alone in court to

administration by the other spouse over such

litigate with regard to the same.

property will cease and the proceeds will go to the

Art. 112: The alienation of any exclusive

owner.

- The owner-spouse cannot revoke a judicially

property of a spouse administered by the other

approved administration by the other spouse of

automatically terminates the administration over

his property by alienating it. Thus to alienate the

such property and the proceeds of the alienation

property he must get the consent of the

shall be turned over to the owner-spouse.

administrator-spouse or court approval.

CPG
Art. 113: Property donated or left by will to the
- The donor may donate whatever he wishes to

spouses, jointly and with designation of

whomever he wants. Thus he may donate a piece

determinate shares, shall pertain to the doneeof property to both spouses jointly or may specify

spouses as his or her own exclusive property,

how much of the property should go to the

and in the absence of designation, share and

husband and how much should go to the wife.

share alike, without prejudice to the right of

ACCRETION: addition of property to another property

accretion when proper.

General rule: in a joint donation one cannot accept

Art. 114: If the donations are onerous, the

independently of his co-donee unless it is stipulated or

unless it is between husband and wife.

amount of the charges shall be borne by the

Ex. D donates land to H and W who are married. D

exclusive property of the donee spouse,

donates 1/3 to W and 2/3 to H. If W does not accept the

whenever they have been advanced by the

donation it will be considered added on to the share of the

conjugal partnership of gains.

husband. However if it is a specific designation such as H

Art. 115: Retirement benefits, pensions,

will get a car and W will get a horse, accretion will not

apply.

annuities, gratuities, usufructs and similar

- In the case of wills for accretion to take effect, the nature

55

benefits shall be governed by the rules on

of the inheritance must be pro indivisio (not divided, the

gratuitous or onerous acquisitions as may be

terms or in equal shares is does not make it divided).

proper in each case.

CPG
Art. 124: The administration and enjoyment of
- Any alienation made by either spouse without the

the conjugal partnership shall belong to both

consent of the other is invalid.

spouses jointly. In case of disagreement, the

- In case the husband disposes of property over the

husband's decision shall prevail, subject to

objection of the wife, the wife may file a case to

recourse to the court by the wife for proper

annul the entire contract or part of it.

remedy, which must be availed of within five

years from the date of the contract implementing

such decision.

In the event that one spouse is incapacitated or

otherwise unable to participate in the

administration of the conjugal properties, the

other spouse may assume sole powers of

administration. These powers do not include

disposition or encumbrance without authority of

the court or the written consent of the other

spouse. In the absence of such authority or

consent, the disposition or encumbrance shall be

void. However, the transaction shall be

construed as a continuing offer on the part of the

consenting spouse and the third person, and

may be perfected as a binding contract upon the

acceptance by the other spouse or authorization

by the court before the offer is withdrawn by

either or both offerors. (165a)

Art. 125: Neither spouse may donate any

conjugal partnership property without the

consent of the other. However, either spouse

may, without the consent of the other, make

moderate donations from the conjugal

partnership property for charity or on occasions

of family rejoicing or family distress.

Separation of
- They own everything separately but still liable
Article 136: Voluntary Separation
Revival:
property
for family expenses in proportion to their income
-Spouses may agree on the separation of their properties
Article 141:

56

Art.
134:
In
the
abse
nce
of an
expr
ess
decla
ratio
n in
the
marri
age
settle
ment
s,
the
sepa
ratio
n of
prop
erty
betw
een
spou
ses
durin
g the
marri
age
shall
not
take
place
exce
pt by
judici
al
order
.
Such
judici

al separation
of property
may either be
voluntary or
for sufficient
cause.

(Can be
stipulated in
MS which
shall govern
and FC will
only be
supplementar
y in nature, in
the absence
therein it
cannot take
place during
the marriage
except by
judicial order)
-May refer to
present or
future
property or
both -May be
partial or total
-Those not
agreed as
separate will
be ACP

or in default
thereof in
proportion to
separate prop.
But liability to
their creditor
is still solidary.

Article 135:
Sufficient

cause for judicial

separation of property:
Civil interdiction
Absentee spouse
-2 years from last news
about absentee, or 5
years if an administrator
has been left.
3.
Loss of parental
authority decreed by court
(termination or deprivation
not mere suspension)
-Over legitimate or
illegitimate child whether
of previous or present
marriage
Abandonment or failure to
comply with his or her
obligations
Abused power of
administration
Separation in fact for at
least 1 yr
Art. 137: Once the
separation of property has
been decreed, the
absolute community or
the conjugal partnership
of gains shall be
liquidated in conformity
with this Code.
During the pendency of the
proceedings for separation
of property, the absolute
community or the conjugal
partnership shall pay for
the support of the spouses
and their children.

Art. 138: After dissolution

of the absolute
community or of the
conjugal partnership, the

provi
sion
s on
com
plete
sepa
ratio
n of
prop
erty
shall
appl
y.
Art.
144:
Sep
arati
on of
prop
erty
may
refer
to
pres
ent
or
futur
e
prop
erty
or
both.
It
may
be
total
or
parti
al. In
the
latter
case
, the
prop
erty
not
agre
ed

upon as
separate
shall pertain
to the
absolute
community.

with court
approval, no
reason
needed. (But
if reason is
1.termination
of civil
stated and it
is against
public policy
the court will
reject it)
interdiction
-Division of
property must
be equal
unless there
is a
2.Absentee
reappears
different
proportion
agreed in MS
or waiver.
3.court
satisfied that
-Takes effect
after judicial
order of
decree (not
signing of

administration will not

agreement)
be again abused
-Creditors will be listed in
petition and notified)
4.Resumption of
-In process delivery of
presumptive legitimes is
not
common life with
necessary.
other spouse
*Art. 142: Admin of
exclusive prop of either
spouse may
5.parental authority

restored
be transferred by court to
other spouse or if not
qualified to
6.reconciliation of
another person when:
those separated in
1.spouse becomes the
guardian
fact
2.the other is judicially
declared an absentee
7.For those who
3.civil interdiction
voluntarily separated
4.fugitive from justice,

hidin
g as
an
accu
sed
prop
erty,
agre
e to
Art
143:
If the
coupl
e
want
sa
regi
me
of
sepa
ratio
n of
reviv
e
form
er
prop
erty
prop
erty
they
have
to
enter
into
a
valid
marri
age
regi
me
(but
after
that

settlement
prior to the
marriage
stipulating
such regime.
cant
separate

property
anymore)
Art. 145:
Administratio
n is left with
each spouse
with
- Art. 67
revival:
regard to
his/her own
property
without the
need for the
Agreement
under oath
consent of
the other.
Earnings of
each shall
also belong
to
will state:
each spouse.
1.properties
to be
Art. 146:
Both spouses
shall bear the
family
expenses in
contributed

2.those to be retained
proportion to their income
or their separate property.
as separate
Liability of spouses to
creditors to family
expenses are
3.names of known
solidary (they are both
liable to the creditor for
the whole
creditors
amount if the creditor
seeks it from one of them.
Such

spouse is entitled to
reimbursement from the
other

spouse).

* Even if there is an
agreement on proportion
of sharing

etc, it wont affect the

creditors.

57

this Article, a party

who did not
participate in the
Marriage without
Art. 147: When a man and
a woman who are
unions (governs
capacitated to marry each
other, live exclusively
void marriages)
with each other as
husband and wife without
the
benefit of marriage or
under a void marriage,
their wages and salaries
shall be owned by them
in equal shares and the
property acquired by
both of them through their
work or industry shall
be governed by the rules
on co-ownership.
In the absence of proof to
the contrary,
properties acquired while
they lived together

acquisition by the
other party of any
property
shall be deemed to
have contributed
jointly in the
acquisition thereof if
the former's efforts
consisted in the care
and maintenance of
the
family and of the
household.
Neither party can
encumber or dispose
by acts
inter vivos of his or
her share in the
property
acquired during
cohabitation and
owned in

shall be presumed to have

been obtained by

common, without the

consent of the other,
until

their joint efforts, work or

industry, and shall be

after the termination

of their cohabitation.

owned by them in equal

shares. For purposes of

When only one of the

parties to a void

marriage
is in good faith, the share of
the party in bad faith
in the co-ownership shall
be forfeited in favor of
their common children. In
case of default of or
waiver by any or all of the
common children or
their descendants, each
vacant share shall
belong to the respective
surviving descendants.
In the absence of
descendants, such share
shall
belong to the innocent
party. In all cases, the
forfeiture shall take place
upon termination of the
cohabitation.

Requisites:
1.Capacitated to marry
each other
-Not capacitated:
incestuous, against public
policy, under 18, bigamous

marriage
2.live exclusively with
each other as
husband and wife
3.Without benefit of
marriage or under a
void marriage.
*Includes marriages
of psychological
incapacity,
reappearance of wife,
non-liquidation of
property, absence of
formal requisites.
Structure:
Salaries and wages
shall be owned by
equal shares
Property acquired
with exclusive funds
is owned by them
exclusively
Property acquired
through work or
industry governed by
co-ownership
Property acquired
while they live
together will be
owned by them in
equal shares.
(Contribution can be
in the form of care
and maintenance of
family, household)
Fruits of separate
property not part of
co-ownership
Conjugal home will
be owned equally.
-Cant encumber or
dispose of his/her
share without consent
of the other or after
cohabitation.

-Can alienate in favor of

the other his or her share
BUT cant waive any
interest in co-ownership
-Void marriage: net share
of bad faith is forfeited
to:
Common children
Waiver of common
children, descendants
Absence of descendants,

58

innocent party Void

marriages included:
Art. 36: psychological
incapacity
Art. 44: bad faith of
both spouses in a
subsequent marriage
Art. 53: nonliquidation, dissolution,
distribution of prop.
Those where there is
absence of consent,
authority of

solemnizer, license, marriage ceremony.

Marriage without
Art. 148: In cases of cohabitation not falling
Requisites:
unions (governs
under the preceding Article, only the properties
Cohabitation not falling under article 147.
void marriages)
acquired by both of the parties through their
Structure:
actual joint contribution of money, property, or
Parties are co-owners of property acquired during
industry shall be owned by them in common in
cohabitation only upon proof that each of them
proportion to their respective contributions. In the
made an actual contribution.
absence of proof to the contrary, their
1.
Salaries and wages are separately owned; if
contributions and corresponding shares are
either is married the salaries go to that marriage.
presumed to be equal. The same rule and
2.
Property acquired by the money of one, belongs
presumption shall apply to joint deposits of

to that person exclusively

money and evidences of credit.
3.
Only properties acquired by both of them through
If one of the parties is validly married to another,
joint contribution will be owned by the in common
his or her share in the co-ownership shall accrue
in proportion to what they gave (money, property,
to the absolute community or conjugal
or industry but cant be mere care and
partnership existing in such valid marriage. If the
maintenance of family/household). (Presumption
party who acted in bad faith is not validly married
is that shares over property owned is equal
to another, his or her shall be forfeited in the
shares but can be rebutted through proof showing
manner provided in the last paragraph of the
otherwise.
preceding Article.
4.
If one of the parties is validly married, that
The foregoing rules on forfeiture shall likewise
persons share in the co-ownership will accrue to
apply even if both parties are in bad faith

the marriage.

Bad faith: net share of bad faith is forfeited to:

1. Common children

2. Waiver of common children, descendants

3. Absence of descendants, innocent party

- If both are in bad faith they shall be considered as in

good faith and their shares shall go to them.

Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the
decision. Contract will be a continuing offer upon acceptance by other spouse or court order.

THE FAMILY AS AN INSTITUTION

59

Art. 149: The family, being the foundation of the nation,

Paramount importance is given to the family as
is a basic social institution which public policy cherishes
provided in the 1987 constitution.
and protects. Consequently, family relations are
Family relations are governed t law and no custom
governed by law and no custom, practice or agreement
or practice destructive of the family will be
destructive of the family shall be recognized or given
recognized.
effect.

Art. 150: Family relations include those:

Any person not included in the enumeration cannot
Exception to earnest
1. Between husband and wife;
be considered as within the term family relations.
efforts:
2. Between parents and children;
Before a suit can be filed by people belonging to the
- Earnest effort is not
3. Among brothers and sisters, whether of the full or
same family as provided in Art. 150, earnest efforts

required if included in the

half-blood.
must be made to settle the case amicably.
suit between family
Art. 151: No suit between members of the same family
*Earnest effort s meant for civil actions only.
members is a stranger
shall prosper unless it should appear from the verified

not of the same family.

complaint or petition that earnest efforts toward a
The following are excused from criminal liability (only civil
- Does not apply to
compromise have been made, but that the same have
liability incurred) for theft, swindling or malicious mischief:
cases, which may not be
failed. If it is shown that no such efforts were in fact
1.
Spouses, ascendants, and descendents or relatives
compromised.
made, the same case must be dismissed.
by affinity in the same line.
- Does not apply to
This rules shall not apply to cases which may not be the
2.
The widowed spouse with respect to the property of
settlement of estate
subject of compromise under the Civil Code
the deceased BEFORE someone else possess it.
guardianship, custody of
3.
Brothers and sisters and brothers-in-law and sisterschildren, and habeas

in-law if they are living together.

corpus

Exemption is not applicable to strangers

participating therein.

Prescription does not run between husband and wife,

parents and children during the latters minority or insanity,

and between guardian and ward during the guardianship.

THE FAMILY HOME

Art. 152: The family home, constituted jointly by the

Home is deemed constituted form the time it is
* Exemption from
husband and the wife or by an unmarried head of a
actually resided upon and occupied by the family.
execution is not absolute
family, is the dwelling house where they and their family
No need for judicial or extrajudicial requirement,
as it is subject to certain
reside, and the land on which it is situated.
deemed constituted by operation of law.
limitation such as
There must be the element of permanence (thus a
indebtedness in certain
Art. 153: The family home is deemed constituted on a
boat on water cannot be considered a family home)
instances (to be
house and lot from the time it is occupied as a family
Must be constituted by both husband and wife

discussed in the next

residence. From the time of its constitution and so long
jointly, the unmarried head of the family, or the
articles)
as any of its beneficiaries actually resides therein, the
occupancy of beneficiaries in a home can be
family home continues to be such and is exempt from
constituted as a family home.

60

execution, forced sale or attachment except as

The family home is exempt from execution, forced
hereinafter provided and to the extent of the value
sale or attachment as provided by law
allowed by law.

Art. 154: The beneficiaries of a family home are:

The actual occupancy of the beneficiaries in a home
1. The husband and wife, or an unmarried person who is
may constitute the same as a family home as long
the head of a family; and
as they have the consent of the husband or wife
2. Their parents, ascendants, descendants, brothers and
who own the house and lot even if the owners do
sisters, whether the relationship be legitimate or
not reside in them.
illegitimate, who are living in the family home and who

depend upon the head of the family for legal support

Art. 155: The family home shall be exempt from

The whole value of the family home may be used to
execution, forced sale or attachment except:
pay obligations under Art. 155.
1. For nonpayment of taxes;

2. For debts incurred prior to the constitution of the family

home;

3. For debts secured by mortgages on the premises

before or after such constitution; and

4. For debts due to laborers, mechanics, architects,

builders, material men and others who have rendered

service or furnished material for the construction of the

building.

Art. 156: The family home must be part of the properties

The family home must be constituted at a place
of the absolute community or the conjugal partnership, or
where there is a fixed and permanent connection
of the exclusive properties of either spouse with the
with the persons constituting it.
latter's consent. It may also be constituted by an
Not considered:
unmarried head of a family on his or her own property.
1.
Boat or vessel
Nevertheless, property that is the subject of a conditional
2.
Apartment or house being rented
sale on installments where ownership is reserved by the
3.
House on anothers property
vendor only to guarantee payment of the purchase price
Considered: Property where ownership is reserved to
may be constituted as a family home.
the one making the family home.
Art. 157: The actual value of the family home shall not
Those above the amount stipulated (300,000 in
exceed, at the time of its constitution, the amount of the
urban, 200,000 in rural) will not be exempt from

three hundred thousand pesos in urban areas, and two

execution forced sale or attachment.
hundred thousand pesos in rural areas, or such amounts
Prior to the family code constitution of a family home
as may hereafter be fixed by law.
was not automatic there was a need to file for such.
In any event, if the value of the currency changes after
If prior to the family code there are certain houses
the adoption of this Code, the value most favorable for
falling under the value of a family home at the time

61

the constitution of a family home shall be the basis of

of the constitution of the family code (Aug. 3, 1988)
evaluation.
provided for the family home is deemed
For purposes of this Article, urban areas are deemed to
automatically constituted.
include chartered cities and municipalities whose annual

income at least equals that legally required for chartered

cities. All others are deemed to be rural areas.

Art. 158: The family home may be sold, alienated,

Written consent needed for the disposition of the family
donated, assigned or encumbered by the owner or
home:

owners thereof with the written consent of the person

1.
Persons constituting the family home
constituting the same, the latter's spouse, and a majority
2.
Latters spouse

of the beneficiaries of legal age. In case of conflict, the

3.
Majority of beneficiaries of legal age
court shall decide

Art. 159: The family home shall continue despite the

Security of the family is the concern of the law thus
death of one or both spouses or of the unmarried head of
they provide for a 10 year period despite the death
the family for a period of ten years or for as long as there
of the person who constituted the family home.
is a minor beneficiary, and the heirs cannot partition the
Furthermore the heirs cannot partition the same
same unless the court finds compelling reasons therefor.
unless the court finds compelling reasons therefore.
This rule shall apply regardless of whoever owns the

property or constituted the family home.

Art. 160: When a creditor whose claims is not among

Bidders cannot bid below the amount of 300,000
those mentioned in Article 155 obtains a judgment in his
-

If the house is sold, 300,000 is given to the owner of

favor, and he has reasonable grounds to believe that the
the house and the balance to the creditor to satisfy
family home is actually worth more than the maximum
his debt. This happens even if the debt is not fully
amount fixed in Article 157, he may apply to the court
satisfied. (Idea is to give 300,000 so that the debtor
which rendered the judgment for an order directing the
can buy a house) This however does not apply
sale of the property under execution. The court shall so
when if the creditor is one of those mentioned in
order if it finds that the actual value of the family home
Article 155 (the debt must be satisfied even if
exceeds the maximum amount allowed by law as of the
nothing is left with the owner).
time of its constitution. If the increased actual value

exceeds the maximum allowed in Article 157 and results

from subsequent voluntary improvements introduced by

the person or persons constituting the family home, by

the owner or owners of the property, or by any of the

beneficiaries, the same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for

a family home shall be considered. The proceeds shall be

62

applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered
to the judgment debtor.
Art. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of,
only one family home.
Art. 162: The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.
LEGITIMATE
ILLEGITIMATE
NOTES
Children conceived or born during the marriage
Children born or conceived outside a valid

marriage or in a void marriage unless

otherwise provided
Children as a result of artificial insemination are
If the requisites are not followed and the father does
legitimate provided that both authorized or
not impugn the legitimacy of the child, the child shall
ratified the insemination in a written instrument
still be considered legitimate.
signed by both of them before the birth of the

child (registered with the birth certificate). I

If husband is able to impugn legitimacy

with regards to him child will simply not be

related, but in relation to the mom the child

will be considered illegitimate

PATERNITY AND FILIATION
Art. 163: The filiation of children may be by nature or
- Paternity and filiation refer to the relationship or tie, which
by adoption. Natural filiation may be legitimate or
exists between parents and their children.
illegitimate.

Art. 164: Children conceived or born during the

- Illegitimate children are those conceived and born
marriage of the parents are legitimate.
outside a valid marriage or inside a void marriage.
Children conceived as a result of artificial
ARTIFICIAL INSEMINATION: wife is artificially impregnated
insemination of the wife with the sperm of the
with the semen of her husband or with the semen of a third
husband or that of a donor or both are likewise
person.
legitimate children of the husband and his wife,
- Child of artificial insemination is considered
provided, that both of them authorized or ratified such
legitimate provided that both the husband and wife
insemination in a written instrument executed and
authorize or ratify such insemination in a written
signed by them before the birth of the child. The
instrument and signed by them before the birth of

instrument shall be recorded in the civil registry

the child and that it is recorded in the civil registry

63

together with the birth certificate of the child.

together with the birth certificate of the child.

If the requirements given are not followed and the

Art. 165: Children conceived and born outside a

husband does not impugn the legitimacy of the child

valid marriage are illegitimate, unless otherwise

on grounds provided by law within the prescriptive

provided in this Code.

period the child will still be considered legitimate.

Art. 166: Legitimacy of a child may be impugned only

Grounds to impugn legitimacy of the child:
Art. 167: The child shall be
on the following grounds:
1.
Physically impossible for husband to have sexual
considered legitimate
1. That it was physically impossible for the husband
intercourse with wife within the first 120 days of the
although the mother may

to have sexual intercourse with his wife within the

300 days immediately preceding the birth of child
have declared against its
first 120 days of the 300 days which immediately
due to:
legitimacy or may have been
preceded the birth of the child because of:
a.
Physical incapacity
sentenced as an adulteress.
(a) the physical incapacity of the husband to
b. Living separately: must be living in such a
*Even if wife impugns
have sexual intercourse with his wife;

way that sexual intercourse is impossible.

(b) the fact that the husband and wife were

(Mere remoteness is not sufficient)

legitimacy, child is still
living separately in such a way that
c.
Serious illness
legitimate, only husband and
sexual intercourse was not possible; or
- When a child is born inside a marriage, sexual intercourse
in proper cases the heirs can

(c) serious illness of the husband, which

is presumed to have occurred between the husband and
impugn the legitimacy.
absolutely prevented sexual intercourse;
wife within the first 120 days of the 300-day period before
Unless: she did not deliver
2.That it is proved that for biological or other scientific
the birth of the child. (Longest gestation period)
the child herself, or did not
reasons, the child could not have been that of the
2.
Biological or scientific reasons the child could not
come from her own womb.
husband, except in the instance provided in the
have been that of the husband (except for artificial

second paragraph of Article 164; or

insemination)if for biological reasons offspring

3. That in case of children conceived through artificial

could not have been that of the husband like if the

insemination, the written authorization or ratification

child was a different race from the fathers.

of either parent was obtained through mistake, fraud,

- Vasectomy is not enough proof because there are times

violence, intimidation, or undue influence.

when the sperm can re-channel itself and effect fertilization.

3.
In case of artificial insemination the authorization or

ratification was obtained through mistake, fraud,

violence or intimidation or undue influence.

* In the event that any of the grounds are proven, the child

will not be considered legitimate or illegitimate but that

simply the husband and child are not related. In so far as the

mother is concerned the child will be considered illegitimate.

- Presumption is in favor of legitimacy.

Art. 168: If the marriage is terminated and the

* Merely suppletory, if there is better proof then such should

mother contracted another marriage within three

be accepted.

64

hundred days after such termination of the former

- Sexual intercourse is presumed between spouses during
marriage, these rules shall govern in the absence of
their marriage.
proof to the contrary:
IN CASE OF 2 MARRIAGES:
1. A child born before one hundred eighty days after
If child is born within 180 days after the second
the solemnization of the subsequent marriage is
marriage and within 300 days after the termination
considered to have been conceived during the former
of the first marriage the child shall be considered to
marriage, provided it be born within three hundred
have been conceived of the first marriage unless
days after the termination of the former marriage;
other proof is given.
2. A child born after one hundred eighty days
If the child is born after 180 days after the second
following the celebration of the subsequent marriage
marriage the child shall be considered to have been
is considered to have been conceived during such

conceived of the second marriage unless other

marriage, even though it be born within the three
proof is given.
hundred days after the termination of the former
*But either way the child is still legitimate.
marriage.

Art. 169: The legitimacy or illegitimacy of a child

- If there is no subsequent marriage after 300 days after the
born after three hundred days following the
termination of the marriage there is no presumption and thus
termination of the marriage shall be proved by
convincing proof is necessary.
whoever alleges such legitimacy or illegitimacy.

Art. 170: The action to impugn the legitimacy of the

Prescription for impugning the legitimacy of the child
*It is from the knowledge of
child shall be brought within one year from the
1.
Within one year from the knowledge of the birth or
the childs birth not the
knowledge of the birth or its recording in the civil
its recording if husband resides in city where birth
knowledge that it is not his
register, if the husband or, in a proper case, any of
took place or recorded.
child.
his heirs, should reside in the city or municipality
2.

Within 2 years, if the husband lives elsewhere in the

where the birth took place or was recorded.
Philippines.
*Even if the birth was
3.
Within 3 years, if he lives abroad
concealed, if it was registered
If the husband or, in his default, all of his heirs do not
4.
If the birth of the child has been concealed,
and the father did not impugn
reside at the place of birth as defined in the first
prescription will begin from the discovery or
the childs legitimacy during
paragraph or where it was recorded, the period shall
knowledge of birth of child or the fact of registration
the period provided then the
be two years if they should reside in the Philippines;
of the birth (whichever is earlier).
child is legitimate. (Cannot
and three years if abroad. If the birth of the child has

impugn since registry is

been concealed from or was unknown to the

earlier)
husband or his heirs, the period shall be counted

from the discovery or knowledge of the birth of the

child or of the fact of registration of said birth,

whichever is earlier.

Art. 171: The heirs of the husband may impugn the

- Legitimacy cannot be collaterally attacked or impugned.
filiation of the child within the period prescribed in the
Principally only the husband can file a direct action to

65

preceding article only in the following cases:

impugn the legitimacy of the child even if the child is not his.

1. If the husband should died before the expiration of

- The heirs are mere substitutes of the husband and cannot

the period fixed for bringing his action;

file the action if the husband himself failed to file such action

2. If he should die after the filing of the complaint

despite knowledge of the illegitimacy within the prescribed

without having desisted therefrom; or

period.

3. If the child was born after the death of the

husband.

PROOF OF FILIATION

Art. 172: The filiation of legitimate children is

- The record of birth appearing in the civil registry should
Proofs from rules of the court
established by any of the following:
have the husbands signature and such birth certificate
or special law:
1. The record of birth appearing in the civil register
signed by the parents is adequate proof of paternity without
1.
Baptismal certificate
or a final judgment; or
need for further court action.
2.
Judicial admission
2. An admission of legitimate filiation in a public
- Admission in public or private handwritten document is a
3.
Family bible
document or a private handwritten instrument and
complete act of recognition without need for court action
4.
Common reputation
signed by the parent concerned.
A mere instrument not in the handwriting o the
5.

Admission by silence
In the absence of the foregoing evidence, the
parent or not a public instrument will not
6.
Testimony of witness
legitimate filiation shall be proved by:
qualify.

1. The open and continuous possession of the

- Open continuous possession means the father treats the

status of a legitimate child; or

child as his own directly and not through others,

2. Any other means allowed by the Rules of Court

spontaneously and without concealment

and special laws.

Must be spontaneous and uninterrupted

Art. 173: The action to claim legitimacy may be

Action to claim legitimacy by the child

Article 175: Illegitimate child
brought by the child during his or her lifetime and
May be brought by the child during his or her lifetime and
-Same as legitimate children
shall be transmitted to the heirs should the child die
may be transmitted to heirs if the child dies during minority
except when proof is through
during minority or in a state of insanity. In these
or in a state of insanity or after it has already been
open and continuous
cases, the heirs shall have a period of five years
instituted by the child and child dies.
relationship or other rules of
within which to institute the action.
Heirs have five years to institute action
court in which case it may only

be brought during the lifetime

of the alleged parent.

Exception: if the child is born

in a valid marriage though

different man, he cannot claim

illegitimacy. The man in the

marriage must first impugn the

legitimacy of the child

Article 176: Rights of an illegitimate child
Article 174: Legitimate children shall have the right:

66

Bear the surname of

the mother
Even if paternity is
certain, mother
surnames unless
father admits that is
his child and lives
with them then
surname of father can
be used.
Be under the parental
authority of the mother,
entitled to support from
her

Even if paternity is
certain, if father is not
living with them he
cannot have parental
authority.
If the father
acknowledges the
child and cohabits, he
will be vested with
parental authority.
Even if he leaves after
that it will not be
considered a waiver of
his parental authority
unless violated legal
grounds provided for
termination of parental
auth. (he will also be
vicariously liable for
damages caused by
the child)

Legitime will be of the

legitime of a legitimate
child
Can get support only up to
the grandparents, and no
right of representation (if
parent dies cant inherit
straight from grandparents)
Illegitimate child has his or
her lifetime to file an action
to claim illegitimacy if
he/she has proof under Art.
172 (claim for his status in
not transmissible to his
heirs)

To bear the surnames of

the father and the mother,
in conformity with the
provisions of the Civil Code
on Surnames;
To receive support from their
parents, their ascendants,
and in proper cases, their
brothers and sisters, in
conformity with the
provisions of this Code on
Support; and

To be entitled to the
legitimate and other
successional rights granted
to them by the Civil Code.
- A legitimate child has his
or her whole lifetime to file
an action to claim his or
her legitimacy.

Art. 177: Only children conceived and born outside

Legitimated Children (legitimate by operation of law)
*Shall enjoy same rights as
of wedlock of parents who, at the time of the
Requirements:
legitimate children, shall
conception of the former, were not disqualified by
1. Children conceived and born outside wedlock
retroact to their birth.
any impediment to marry each other may be

2.
Of parents who had no legal impediments to marry
*No need for the
legitimated.

at that time the child was conceived and

acknowledgment of the father

unlike the civil code.

3.
They get married later on. (The fact that it is a

Art. 178: Legitimation shall take place by a

*Legitimation will not affect

voidable marriage will not affect the legitimation, but

subsequent valid marriage between parents. The

property rights already vested.

if it is a void marriage then illegitimate)

annulment of a voidable marriage shall not affect

*If there is a legal impediment

IF the child dies before the celebration of the

the legitimation.

at the time of conception the

marriage, it will still benefit their descendants.

remedy is adoption.

Only by those who are prejudiced in their rights

Art. 179: Legitimated children shall enjoy the same

Exception: those born

within 5 years from the time their cause of action

rights as legitimate children. (272a)

through adulterous relationship

accrues. (Refers basically to inheritance rights but if

and bigamous marriage

the creditors are really prejudiced they must show

Art. 180: The effects of legitimation shall retroact to

cannot be legitimated.

how legitimation affected suchvested rights prior to

the time of the child's birth.

legitimation then those rights will not be taken from

them)

Right of action accrues only upon death of parents

when legitimes will vest

Adopted children can be prejudiced with regards to

adopter parents or even natural parents.

Art. 181: The legitimation of children who died

- In effect gives the children what they should have

before the celebration of the marriage shall benefit

enjoyed during the lifetime of their father or mother.

their descendants.

Art. 182: Legitimation may be impugned only by

- Contemplates inheritance or successional rights,

those who are prejudiced in their rights, within five

creditors (commercial or property rights) are

years from the time their cause of action accrues.

excluded unless it can be shown that the

legitimation affected their rights and they are really

prejudiced.

SUPPORT

Art. 194: Support comprises everything

Everything indispensable for sustenance,
Art. 205: right to give or obtain
indispensable for sustenance, dwelling, clothing,

dwelling, clothing, medical attendance, education,

support shall not be levied upon on
medical attendance, education and transportation,

and transportation (in keeping with the financial

attachment or execution.

in keeping with the financial capacity of the family.

capacity of the family)
- Cannot be made to satisfy any

Schooling or training shall be applicable even

judgment against the recipient.
The education of the person entitled to be
beyond the age of majority
Except: the excess beyond
supported referred to in the preceding paragraph

Transportation includes going to and from school

required for legal support in a will
shall include his schooling or training for some
and place of work
or contractual supports hall be
profession, trade or vocation, even beyond the

Can be given even beyond the age of majority

subject to levy or execution.
age of majority. Transportation shall include

Support is never final (no res judicata) can be

(Contractual support is subject to
expenses in going to and from school, or to and

adjustment whenever modification

changed

from place of work.

is necessary)

Art. 195: Subject to the provisions of the

1.
Spouses
*Adopted children only up to
succeeding articles, the following are obliged to
2.
Legitimate ascendant and descendants
parents for support. Others arent
support each other to the whole extent set forth in
3.
Parents and their legitimate children and their
obliged to support. (If the adopter
the preceding article:
illegitimate/legitimate grandchildren
dies or abandons then the state
1. The spouses;
4.
Parents and their illegitimate children and their
takes over)
2. Legitimate ascendants and descendants;
illegitimate/legitimate grandchildren

*Mandatory and essential cannot

3. Parents and their legitimate children and the
5.
Legitimate brothers and sisters whether whole or
be transmitted to a 3rd person nor
legitimate and illegitimate children of the latter;
half blood
can it be waived.
4. Parents and their illegitimate children and the

6.
Brothers and sisters not legitimately related are
(Prohibition against any
legitimate and illegitimate children of the latter;
also obliged to support unless if he/she is of age
compromise of the right to future
And
and is due to claimants fault or negligence no
support)
5. Legitimate brothers and sisters, whether of full
support.
*If relationship between one to be
or half-blood
- A child inside a womb is already considered born thus
supported and the one to support

entitled to all benefits that accrue to him/her provided that

is in issue, status of the parties

the child is born after.

should be established first.

Art. 196: Brothers and sisters not legitimately

They are no longer bound when the child is above

related, whether of the full or half-blood, are

the age of majority or due to the negligence.

likewise bound to support each other to the full

extent set forth in Article 194, except only when

the need for support of the brother or sister, being

of age, is due to a cause imputable to the

claimant's fault or negligence.

Article 197: In case of legitimate ascendants;

Support for legitimate ascendants, descendants

*IF the legitimate descendants are

descendants, whether legitimate or illegitimate;
(legitimate or illegitimate), brothers and sisters
the common children then ACP
and brothers and sisters, whether legitimately or
(legitimate or illegitimately related) shall be taken
and CPG shall be principally
illegitimately related, only the separate property of
from separate property
charged.
the person obliged to give support shall be

*Support cant be taken from the

69

answerable provided that in case the obligor has

If no separate properties from ACP or CPG

childrens property unless there
no separate property, the absolute community or
(advancement).
was no need or demand from
the conjugal partnership, if financially capable,

But if it is the illegitimate children, insufficiency is

recipient. (If this happens can
shall advance the support, which shall be

forfeit bond made by guardian

enough to make ACP liable and insufficiency plus

deducted from the share of the spouse obliged

parent over property-art. 225)

payment of charges to make CPG liable.

upon the liquidation of the absolute community or

For spouses, generally from ACP or CPG absence

of the conjugal partnership

of then from fruits of ACP or CPG insufficiency or

absence of from the separate properties themselves.

Art. 198: During the proceedings for legal

Support pending litigation generally obtain from ACP

*After declaration of nullity or
separation or for annulment of marriage, and for
or CPG
annulment no more obligation to
declaration of nullity of marriage, the spouses and

In case of support between husband and wife where

support
their children shall be supported from the
validity of marriage is in issue, aggrieved cannot be
*In legal separation support

properties of the absolute community or the

given support pendent elite by the other spouse (from
ceases unless guilty spouse is
conjugal partnership. After the final judgment
his separate property)
ordered to support innocent.
granting the petition, the obligation of mutual

Legal separation or annulment: spouses shall be

*If wife is adulterous it can be a
support between the spouses ceases. However,
supported by ACP or CPG.
defense in an action for support
in case of legal separation, the court may order

against separate property of the

that the guilty spouse shall give support to the

spouse but wife can still get

innocent one, specifying the terms of such order.

support from ACP or CPG.

Art. 199: Whenever two or more persons are
The list is in order of priority of who should

obliged to give support, the liability shall devolve

support first. The others are not obliged to give

upon the following persons in the order herein

support if those higher on the list are present.

provided:

1. The spouse;
Art. 200:if the liability to support falls on 2 people it will be

2. The descendants in the nearest degree;

divided between them in the proportion of their resources.

3. The ascendants in the nearest degree; and

-But in case of urgency, the judge may order only one of

4. The brothers and sisters.

them to give and then just get reimbursed from the other

Art. 200: When the obligation to give support falls

after.

-When there are two or more people claiming for support

upon two or more persons, the payment of the

and the one obliged to give doesnt have enough, order

same shall be divided between them in proportion

will be followed except when the one who needs support

to the resources of each.

is a spouse and a child in which case the child shall be

However, in case of urgent need and by special

preferred. (Wife is preferred when it is an illegitimate child)

circumstances, the judge may order only one of

them to furnish the support provisionally, without

prejudice to his right to claim from the other

70

obligors the share due from them.

When two or more recipients at the same time

claim support from one and the same person

legally obliged to give it, should the latter not have

sufficient means to satisfy all claims, the order

established in the preceding article shall be

followed, unless the concurrent obligees should

be the spouse and a child subject to parental

authority, in which case the child shall be

preferred.

Art. 201: The amount of support, in the cases

Support can be increased or decreased

referred to in Articles 195 and 196, shall be in

depending on the needs of the recipient and the

proportion to the resources or means of the giver

resources of the person obliged to give it.

and to the necessities of the recipient.

Judgment for support does not become final

Art. 202: Support in the cases referred to in the

Demanding support

preceding article shall be reduced or increased

Demandable from the time person who has the

proportionately, according to the reduction or

increase of the necessities of the recipient and the

right to receive it needs it (need for support is not

resources or means of the person obliged to

presumed, must be established).

furnish the same.

No support given without judicial or

Art. 203: The obligation to give support shall be

extrajudicial demand. (Made within the first 5

years of every month)

demandable from the time the person who has a


Demand is essential shows manifestation of

right to receive the same needs it for

needs.

maintenance, but it shall not be paid except from

the date of judicial or extra-judicial demand.

Support pendente lite may be claimed in

accordance with the Rules of Court.

Payment shall be made within the first five days of

each corresponding month or when the recipient

dies, his heirs shall not be obliged to return what

he has received in advance.

Art. 204: The person obliged to give support shall

How to provide support

have the option to fulfill the obligation either by

Can be by giving the money or allowance

paying the allowance fixed, or by receiving and

Or by allowing the person to stay in family

71

maintaining in the family dwelling the person who

dwelling unless there is a legal or moral obstacle

has a right to receive support. The latter

(usually refers to illegitimate children who are

alternative cannot be availed of in case there is a

generally not allowed to get from ACP or CPG)

moral or legal obstacle thereto.

Art. 205: The right to receive support under this

The right to receive support and the money or

* However in case of contractual
Title as well as any money or property obtained as
property obtained as such support cannot be
support or that given by will, the
such support shall not be levied upon on
made to satisfy any judgment against the recipient
excess amount beyond that
attachment or execution.

required for legal support can be

subject of execution.
Art. 206: When, without the knowledge of the
Art. 206 Requisites:
Quasi-contract: juridical relation
person obliged to give support, it is given by a

There is a need to be supported and without

which arises from certain lawful,
stranger, the latter shall have a right to claim the
knowledge of person obliged to give support it
voluntary and unilateral acts to the
same from the former, unless it appears that he
is given by another, he can reimburse unless he
end that no one shall be unjustly
gave it without intention of being reimbursed.
has no intention of being reimbursed.
enriched or benefited at the

If person obliged to give support unjustly refuses

expense of another (basis for
Art. 207. When the person obliged to support

reimbursement of one who gives

a third person can give it with right of

another unjustly refuses or fails to give support

support)

reimbursement.

when urgently needed by the latter, any third

Art. 207 Requisites:

person may furnish support to the needy

1.
Urgent need to be supported on the part of the

individual, with right of reimbursement from the

recipient

person obliged to give support. This Article shall

2.
The person obliged to support unjustly refuses or

particularly apply when the father or mother of a

fails to give support.

child under the age of majority unjustly refuses to

3.
Third person furnishes the support to the needy

support or fails to give support to the child when

individual

urgently needed.

*If all are present 3rd person shall have right to

reimbursment.

Art. 208: In case of contractual support or that

This is different from legal support, which cannot

given by will, the excess in amount beyond that

be levied upon; contractual support however is not

required for legal support shall be subject to levy

mandated by law.

on attachment or execution
The excess in amount of legal support shall be

subject to levy on attachment or execution.

PARENTAL AUTHORITY

Art. 209: Pursuant to the natural right and duty of

Natural affection between the parents and the

72

parents over the person and property of their

offspring has always been recognized as an

unemancipated children, parental authority and

inherent and natural right.

responsibility shall include the caring for and

Parental authority involves a mass of rights and

rearing them for civic consciousness and

obligations.

efficiency and the development of their moral,

mental and physical character and well-being.

Art. 210: Parental authority and responsibility

Parental authority and responsibility may not be
Except when provided by law
may not be renounced or transferred except in the

renounced or transferred except in the cases

(Cases of adoption, guardianship
cases authorized by law.
authorized by law. Parental authority and
and surrender to a childrens home

responsibility cannot be renounced or transferred

or orphanage)

-When a parent gives authority to

another it merely temporary

custody not renunciation.

Art. 211: The father and the mother shall jointly

In case of disagreement the fathers decision shall

exercise parental authority over the persons of

prevail unless there is a judicial order.

their common children. In case of disagreement,

Children should observe respect and are obliged

the father's decision shall prevail, unless there is a

to obey them as long as they are under their

judicial order to the contrary.

parental authority

Children shall always observe respect and

Applies to both legitimate and illegitimate

reverence towards their parents and are obliged

Requisites for it to apply to illegitimate:

to obey them as long as the children are under

1.
Paternity is knows or the father is certain.

parental authority.

2.
Illegitimate is living with the father and mother

who are cohabiting without the benefit of

marriage.

(If one of the requisites are missing only mother has

parental authority)

*Fathers subsequent separation does not mean a

renunciation. Once parental authority is vested cannot be

waived.

Art. 212: In case of absence or death of either

If a spouse dies, the other spouse still has

*New spouse does not get parental
parent, the parent present shall continue
parental authority
authority by the fact of marriage.
exercising parental authority. The remarriage of

Remarriage does not affect the parental authority

New spouse must adopt the
the surviving parent shall not affect the parental
of the parent.
children to have parental authority.
authority over the children, unless the court

Lesbianism not a ground to deprive of custody.

appoints another person to be the guardian of the

person or property of the children.

73

Art. 213: In case of separation of the parents,

In case of separation the court shall designate a

*This does not mean that the other
parental authority shall be exercised by the parent
parent to have parental authority (taking into
parent has no more PA.
designated by the Court. The Court shall take into
consideration choice of those 7 and above)
*Habeas corpus is proper remedy
account all relevant considerations, especially the

No child below 7 shall be separated from mother

to get custody of a child from the
choice of the child over seven years of age,
unless there is compelling reason not to do so.
other parent or 3rd persons.

unless the parent chosen is unfit.

(Age is considered from when the decision is


made or when custody is given)

Custody may also be given to 3rd persons if the

situation so warrants.

Art. 214: In case of death, absence or

In case of death, absence or unsuitability of the

unsuitability of the parents, substitute parental

parents substitute parental authority shall be

authority shall be exercised by the surviving

exercised by the surviving grandparent.

grandparent. In case several survive, the one

In case several grandparents survive, the court

designated by the court, taking into account the

will decide.

same consideration mentioned in the preceding

article, shall exercise the authority.

Art. 215: No descendant shall be compelled, in a

No descendant shall be compelled in a criminal

*Not mandatory in nature so if the
criminal case, to testify against his parents and
case to testify against his parents or grandparents
child wants to he can do so
grandparents, except when such testimony is
unless the crime is against the descendant or by
voluntarily.
indispensable in a crime against the descendant
one parent against the other.

or by one parent against the other.

Husband and wife during or after the marriage

cannot be examined without the consent of the

other (marital privilege). Except: in a civil case by

one against the other, in a criminal case by one

against the other or to the latters descendant or

ascendant.

SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY

Art. 216: In default of parents or a judicially

1st: parents exercise parental authority then a judicially
*They will have the rights and
appointed guardian, the following person shall
appointed guardian in default of such guardian:
responsibilities of a parent
exercise substitute parental authority over the child
1.
Surviving grandparent
enumerated in art. 220 onwards.
in the order indicated:
2.
Oldest brother or sister over 21
*Order is not mandatory:
1. The surviving grandparent, as provided in Art.
3.
Childs actual custodian over 21
paramount interest
214;
* The list is merely a guideline, fitness, capabilities,

74

2. The oldest brother or sister, over twenty-one

etc must still be considered.

years of age, unless unfit or disqualified; and

3. The child's actual custodian, over twenty-one

years of age, unless unfit or disqualified.

Whenever the appointment or a judicial guardian

over the property of the child becomes necessary,

the same order of preference shall be observed.

Art. 217: In case of foundlings, abandoned

In case of no family members (foundling, abandoned,

neglected or abused children and other children

neglected or abused children and other children similarly

similarly situated, parental authority shall be

situated)

entrusted in summary judicial proceedings to heads

Parental authority shall be entrusted in summary

of children's homes, orphanages and similar

judicial proceedings to heads of childrens

institutions duly accredited by the proper

homes, orphanages, etc.

government agency.
Transfer of parental authority:

1.
Involuntary: by DSWS who files with court to

have custody over the child.

2.
Voluntary: parent or child commits to the DSWS

(surrendered in writing by parents, if only 1 and

the other is dead or abandoned for at least 1

year 1 parent authorization is enough)

Art. 218: The school, its administrators and

School, administrators, teachers, individuals or

Except: no liability by those with
teachers, or the individual, entity or institution
entities engaged in child care shall have special
special parental authority if it can
engaged in child are shall have special parental
parental authority and responsibility over the
be proven that such person
authority and responsibility over the minor child
minor child while under their supervision,
exercised the proper diligence in
while under their supervision, instruction or custody.
instruction, custody. (This authority applies to
the circumstances. Parents cant
Authority and responsibility shall apply to all

authorized activities inside or outside the

use diligence as a defense
authorized activities whether inside or outside the
premises)
(imputed liability flows from filial
premises of the school, entity or institution.

Those given special authority shall be principally

relation).

and solidariliy liable (civil liability) for damages

*Can be an academic or nonArt. 219: Those given the authority and
caused by the acts or omissions of the minor.
academic school.
responsibility under the preceding Article shall be
(Must be teacher in charge etc).

principally and solidarily liable for damages caused

Parents or those who have substitute parental

by the acts or omissions of the unemancipated

authority shall be subsidiarily liable (if persons

minor. The parents, judicial guardians or the

with special authority cannot cover the liability)

persons exercising substitute parental authority over

Under the civil code, article 2180, teachers etc

said minor shall be subsidiarily liable.

can still be held liable when children are not

75

The respective liabilities of those referred to in the

anymore minors subject to the defense of proper
preceding paragraph shall not apply if it is proved
diligence.
that they exercised the proper diligence required

under the particular circumstances.

All other cases not covered by this and the

preceding articles shall be governed by the

provisions of the Civil Code on quasi-delicts.

EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN

Art. 220: The parents and those exercising parental
Rights and duties of parents:

*Cases in the US would show that

authority shall have with the respect to their
1.
Support, educate and instruct them, provide for
support can be withheld from the
unemancipated children on wards the following
their upbringing in keeping with their means.
child as a disciplinary sanction if
rights and duties:
2.
Love and affection, advice, counseling,
the child refuses to obey the
1.
To keep them in their company, to support,
companionship, and understanding
father. (But mere disagreements
educate and instruct them by right precept and good
3.
Moral and spiritual guidance
or delinquent behavior does not
example, and to provide for their upbringing in
4.
Physical and mental health
generally terminate support).
keeping with their means;
5.
Good and wholesome educational materials and
ROE V. DOE.
2.
To give them love and affection, advice and
prevent them from bad company
counsel, companionship and understanding;
6.
Represent them in all matters affecting their
3.
To provide them with moral and spiritual
interest.
guidance, inculcate in them honesty, integrity, self7.

Demand respect and obedience

discipline, self-reliance, industry and thrift, stimulate
8.
Impose discipline
their interest in civic affairs, and inspire in them
9.
Others imposed by law
compliance with the duties of citizenship;
Disciplinary Actions: parents may inflict a reasonable
4.
To furnish them with good and wholesome
measure of corporal punishment.
educational materials, supervise their activities,
(Read Child and Youth Welfare Code Rights of the
recreation and association with others, protect them
child)

from bad company, and prevent them from

acquiring habits detrimental to their health, studies

and morals;

5.
To represent them in all matters affecting their

interests;

6.
To demand from them respect and obedience;

7.
To impose discipline on them as may be required

under the circumstances; and

8.
To perform such other duties as are imposed by

76

law upon parents and guardians.

Art. 221: Parents and other persons exercising

Parents are primarily liable (civilly) for injuries

Exception: if parents can show
parental authority shall be civilly liable for the

and damages caused by the acts and omissions

that they exercised the diligence
injuries and damages caused by the acts or

of their unemancipated children living in their

of a good father, then no liability.
omissions of their unemancipated children living in

company and under their parental authority.

their company and under their parental authority

subject to the appropriate defenses provided by law.

Art. 222: The courts may appoint a guardian of the

Court may appoint a guardian for purposes of the

child's property or a guardian ad litem when the best

lawsuit when the best interest of the child

interests of the child so requires.

requires it.

GUARDIANSHIP: trust relation of the most sacred

character.

Art. 223: The parents or, in their absence or

Person who has parental authority may seek the

Art. 224: The measures referred
incapacity, the individual, entity or institution

assistance of the court to discipline the child and

to in the preceding article may
exercising parental authority, may petition the

with a counsel shall undergo a summary hearing.

include the commitment of the
proper court of the place where the child resides, for

If the court finds that it is the petitioner at fault,

child for not more than thirty days
an order providing for disciplinary measures over

the court may suspend or deprive him of parental

in entities or institutions engaged
the child. The child shall be entitled to the

authority.
in child care or in children's
assistance of counsel, either of his choice or

During the commitment of the child the parent

homes duly accredited by the
appointed by the court, and a summary hearing

cannot interfere with the care of the child but will

proper government agency.

shall be conducted wherein the petitioner and the

The parent exercising parental

provide support.

child shall be heard.

authority shall not interfere with

The court may terminate the commitment of the

However, if in the same proceeding the court finds

the care of the child whenever

child whenever just and proper.

the petitioner at fault, irrespective of the merits of

committed but shall provide for

the petition, or when the circumstances so warrant,

his support. Upon proper petition

the court may also order the deprivation or

or at its own instance, the court

suspension of parental authority or adopt such other

may terminate the commitment of

measures as it may deem just and proper.

the child whenever just and

proper.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN

Art. 225. The father and the mother shall jointly

No need for a judicial court to appoint parents

exercise legal guardianship over the property of the

as guardians. It is presumed that the parents

unemancipated common child without the necessity of

act for the best interest of the child.

a court appointment. In case of disagreement, the

Prohibition (cases where a parent cannot be the

father's decision shall prevail, unless there is a judicial

administrator of the property):

order to the contrary.

1. When a parent is disinherited and his/her

child inherits from the childs grandparents his

77

Where the market value of the property or the annual

share of the compulsory inheritance, the
income of the child exceeds P50,000, the parent
parent cannot administer such property. The
concerned shall be required to furnish a bond in such
parent however can administer whatever is
amount as the court may determine, but not less than
given to the child by way of voluntary will.
ten per centum (10%) of the value of the property or
2.
When the parent is unfit to administer the
annual income, to guarantee the performance of the
property and thus a guardian is needed.
obligations prescribed for general guardians.
Parents authority over the estate of the ward

as a legal-guardian would not extend to acts

A verified petition for approval of the bond shall be filed
of encumbrance or disposition, as
in the proper court of the place where the child resides,

distinguished from acts of management or

or, if the child resides in a foreign country, in the proper
administration.
court of the place where the property or any part
1. if the market value of total property or income of
thereof is situated.
child is more than P50k, the parent has to give a bond

not less than 10% of value of property to guarantee

The petition shall be docketed as a summary special
performance of the obligations prescribed for general
proceeding in which all incidents and issues regarding
guardians. (to be sure that guardians dont abuse their
the performance of the obligations referred to in the
authority and do what they are required to do)
second paragraph of this Article shall be heard and
2. rules on guardianship apply supplementary to
resolved.
parents, but if child is under substitute parental

authority or guardian is a stranger then rules on

The ordinary rules on guardianship shall be merely
guardianship apply.
suppletory except when the child is under substitute
*parents authority over the estate does not include
parental authority, or the guardian is a stranger, or a
alienation or encumbrance, or compromise or waiver
parent has remarried, in which case the ordinary rules
(void). authority is needed from court.

on guardianship shall apply.

Art. 226. The property of the unemancipated child

Childs salary still for his/her exclusively used

earned or acquired with his work or industry or by
for benefit of child but child also has obligation
onerous or gratuitous title shall belong to the child in
to support ascendants thus salary can be
ownership and shall be devoted exclusively to the
used.
latter's support and education, unless the title or

Parents cannot use property for personal

transfer provides otherwise.
use.
The right of the parents over the fruits and income of
-the child shall own exclusively whatever he earns or
the child's property shall be limited primarily to the
by onerous or gratuitous title.
child's support and secondarily to the collective daily
-the fruits of such can only be used by the parents for
needs of the family.
the support of the child and secondarily for the support

of the family.

Art. 227: If the parents entrust the management or

Parents who engage their unemancipated

78

administration of any of their properties to an

child to take care of their properties are to
unemancipated child, the net proceeds of such
give their child a monthly allowance taken
property shall belong to the owner. The child shall be
from the gross proceeds of the property for
given a reasonable monthly allowance in an amount
the month. Such will not be charged to the
not less than that which the owner would have paid if
childs legitime.
the administrator were a stranger, unless the owner,

The net proceeds or the balance left after the

grants the entire proceeds to the child. In any case, the
payment of the allowance and expenses will
proceeds thus give in whole or in part shall not be
go to the parents
charged to the child's legitime.

SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY

Art. 228: Parental authority terminates permanently:

The court upon the death of the parents can

*parental authority cannot be
1.
Upon the death of the parents;
appoint a guardian on petition of a relative,
revived in these cases.
2.
Upon the death of the child; or
family friend, or DSWD.
3.
Upon emancipation of the child.

These situations extinguishes parental

authority
Art. 229: Unless subsequently revived by a final
Grounds for termination:
*for the reinstatement of parental
judgment, parental authority also terminates:
1.
Adoption all legal ties are severed an are
authority judicial declaration is
1.
Upon adoption of the child;
vested on the adopter.
needed for reinstatement of
2.
Upon appointment of a general guardian;
2.
appointment of guardian
parental authority.
3.
Upon judicial declaration of abandonment of the
3.

abandonment of child (upon judicial

child in a case filed for the purpose;
declaration in a case filed for the purpose)
4.
Upon final judgment of a competent court divesting
4.
final judgment from court depriving parental
the party concerned of parental authority; or
authority
5.
Upon judicial declaration of absence or incapacity of
5.
judicial declaration of absence or incapacity of
the person exercising parental authority.
person
Art. 230: Parental authority is suspended upon
- parental authority is suspended upon conviction of
*parental authority is
conviction of the parent or the person exercising the
the parent of a crime that has civil interdiction (loss of
automatically reinstated upon
same of a crime which carries with it the penalty of civil
rights of parental authority, guardianship to person
service of sentence or pardon.
interdiction. The authority is automatically reinstated
and property of ward, marital authority, right to
upon service of the penalty or upon pardon or amnesty
manage his property and right to dispose of such.
of the offender.

Art. 231: The court in an action filed for the purpose in

Suspension of parental authority (can be from a

*if the degree or seriousness so

a related case may also suspend parental authority if
case related, offshoot of another case. Does not have
warrants parent may be deprived
the parent or the person exercising the same:
to be case filed for the purpose)
of authority.
1.Treats the child with excessive harshness or cruelty

1.
treats the child with excessive harshness or
*Parental authority may be
2.
Gives the child corrupting orders, counsel or
cruelty
revived in a case filed for its
example;

purpose or in the same

79

3. Compels the child to beg; or

2.
gives child corrupting orders, example or
proceeding if the court finds that
4. Subjects the child or allows him to be subjected to
counsel
the cause has ceased.
acts of lasciviousness.
3.
Compels the child to beg
The grounds enumerated above are deemed to include
4.
Subjects or allows him to be subject to acts of
cases, which have resulted from culpable negligence of
lasciviousness (not actual sexual act, force or
the parent or the person exercising parental authority.
intimidation with lewd design)
If the degree of seriousness so warrants, or the welfare
* This may include cases where the parent was
of the child so demands, the court shall deprive the
negligent or didnt do anything about the situation.
guilty party of parental authority or adopt such other

measures as may be proper under the circumstances.

The suspension or deprivation may be revoked and the

parental authority revived in a case filed for the

purpose or in the same proceeding if the court finds

that the cause therefor has ceased and will not be

repeated.

Art. 232: If the person exercising parental authority has

If the person exercising parental authority has

*parental authority cannot be
subjected the child or allowed him to be subjected to
subjected the child or allowed him to be
revived for sexual abuse.
sexual abuse, such person shall be permanently
subjected (culpable negligence of a parent) to
*RPC: parental authority can be
deprived by the court of such authority.
sexual abuse parental authority will be
deprived or suspended up to the

permanently deprived
discretion of the courts.
Under RPC: any person entrusted with parental

authority of a child under 16 years of age to deliver,

gratuitously or in consideration of a price, such child to

vagrant or beggar, employs children in exhibitions

(circus, carnival, etc.)

Art. 233: The person exercising substitute parental
Corporal punishment of those with special
authority shall have the same authority over the person
parental authority:
of the child as the parents.
those exercising substitute parental authority
In no case shall the school administrator, teacher of
will have all the same rights and authorities
individual engaged in child care exercising special
over the child (can inflict corporal punishment)
parental authority inflict corporal punishment upon the
those with special parental authority cannot
child.
inflict corporal punishment on the child.

(schools can impose certain measures of

disciplinary action but cannot inflict any

physical punishment)

80

Criminal liability of parents:

conceals or abandons the child with intent to make him/her loose his civil status
abandons child depriving him of the love, care, and protection he needs
sells or abandons child for a valuable consideration
neglects the child by not giving him the education which the family can afford
fails or refuses without justifiable reason to enroll child
causes, abates, or permits truancy of the child. (absence without cause for more than 20 days, not necessarily consecutive)
exploits child by using him for begging, etc.
inflicts cruel and unusual punishment
encourages or causes child to lead an immoral or dissolute life
permits child to use or carry dangerous weapons
allows or requires child to drive without a license.

EMANCIPATION

Art. 234: Emancipation takes place by the

- Emancipation is attained upon reaching 18 years of age.
attainment of majority. Unless otherwise
Marriage is no longer a ground for emancipation since
provided, majority commences at the age of
now one can only contract a marriage when they marry.
eighteen.

Art. 236: Emancipation for any cases shall

- Parental consent is more in keeping with Filipino culture
*Illegitimate children: liability is
terminate parental authority over the person
and tradition.
with the mother; the father is
and property of the child who shall then be
- Once emancipated he/she can sue or be sued alone,
only relied upon for support.
qualified and responsible for all acts of civil of

and is responsible and qualified for all acts of civil life

life, save the exceptions established by existing
Parents liability:
laws in special cases.
- The father and in case of death or incapacity the mother
Contracting marriage shall require parental
are responsible for the damages caused by the children
consent until the age of 21.
between 18 and 21 who live in their company.
Nothing in this code shall be construed to
- Parents are also subsidiary liable for the acts or
derogate from the duty or responsibility of
omission of their emancipated child living in their
parents and guardians for children and wards
custody,
below twenty-one years of age mentioned in
Guardians liability:
the second and third paragraphs of Article 2180
- Guardians are liable for damages if the person is under
of the civil code.
their authority and live in their company.

Summary proceedings:
claims for damages by either spouse must be done in a separate action.

81

Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel after.
Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher courts
on the basis of denial of due process.
Family courts:
shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest number
of people. Jurisdiction over:

criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
petitions for guardianship, custody, habeas corpus
adoption and revocation thereof
annulment, nullity, relating to marital status, property relations, dissolution of CPG
support and acknowledgment
summary judicial proceedings
declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
Constitution of family home
Cases against minors (dangerous drugs act)
Violations of 7610
Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings) *if any become an incident to a
case pending in the regular courts it shall be decided there.
Funerals:
same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)
Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious beliefs, in
case of doubt shall be decided upon by the person making the arrangements after consultation with the family.
Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
A person who allows disrespect to the dead will be liable to the family for moral and material damages.
Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.

USE OF SURNAMES

Art. 364: Legitimate and legitimated children shall

Legitimate, legitimated children use surname of
principally use the surname of the father.
their dad

Art. 365: An adopted child shall bear the surname

Adopted children are considered the legitimate

82

of the adopter.
child of the adopter for all intents and purposes

and thus is entitled to all the rights and

obligations provided by law.

Adopted children bear the name of their adopter.

Art. 366: A natural child acknowledged by both

Art. 176: illegitimate children shall use the surname of the

parents shall principally use the surname of the

mother and shall be under their parental control.

father. If recognized by only one of the parents, a

Art. 176 however does not apply if the father of

natural child shall employ the surname of the

the illegitimate child is certain as when the said

recognizing parent.
father categorically admits that the illegitimate

Art. 367: Natural children by legal fiction shall

common child is his and at the same time such

principally employ the surname of the father.

father lives with the illegitimate child and the

mother.

Art. 368: Illegitimate children referred to in Article

Illegitimate children shall principally use the
Exception: father is certain or
287 shall bear the surname of the mother.
name of the mother
recognizes illegitimate child and

the father lives with the illegitimate

child and mother. Then can use

fathers surname
Art. 369: Children conceived before the decree

Children conceived before the decree annulling

annulling a voidable marriage shall principally use

a voidable marriage shall use surname of father.

the surname of the father.

Decree of annulment is final 15 days after it is

made thus even if the child was born during that

15 day period the child will still be legitimate.

Art. 370: A married woman may use:

Married woman may use:

1. Her maiden first name and surname and add her

1.
Her own name

husband's surname, or
2.
maiden first name, surname and husbands

2. Her maiden first name and her husband's

surname

surname or
3.
maiden name and her husbands surname

3. Her husband's full name, but prefixing a word

4.
husbands full name plus Mrs.

indicating that she is his wife, such as "Mrs."

* Option is give to the woman.

Art. 371: In case of annulment of marriage, and

In case of annulment:

the wife is the guilty party, she shall resume her

1.
wife is guilty: shall resume her maiden name

maiden name and surname. If she is the innocent

spouse, she may resume her maiden name and

2.
innocent: resume her maiden name or continue

surname. However, she may choose to continue

using her husbands name unless the court

employing her former husband's surname, unless:

83

1. The court decrees otherwise, or

decrees otherwise or if either of them remarries.

2. She or the former husband is married again to

In case of legal separation: wife will continue to use the

another person.
name she used prior to separation

Widow: may continue to use deceased husbands

Art. 372: When legal separation has been granted,

surname

the wife shall continue using her name and

surname employed before the legal separation.

Art. 373: A widow may use the deceased

husband's surname as though he were still living,

in accordance with Article 370.

Art. 374: In case of identity of names and

If there are similar names, the younger will be

Grandsons and direct male
surnames, the younger person shall be obliged to
obliged to use additional names
descendants will use:
use such additional name or surname as will avoid

If between ascendants and descendants the

1. add middle name or
confusion.
word junior can only be used by a son.
mothers surname

add roman numerals

Art. 375: In case of identity of names and

surnames between ascendants and descendants,

the word "Junior" can be used only by a son.

Grandsons and other direct male descendants

shall either:

1. Add a middle name or the mother's surname, or

2. Add the Roman Numerals II, III, and so on.

Art. 376: No person can change his name or

No change in name or surname without judicial

Exception: if it is for merely
surname without judicial authority.
authority
changing clerical or typographical

Reasons for change in surname:

error no need for judicial authority

1.
ridiculous name
(must not involve a change in

2.
change of civil status
nationality, age, status, or sex)

3.
to avoid confusion
Change in nickname:

*laws do not permit a legitimate child of another to adopt

1.
ridiculous, tainted with

the surname of another person even if that person is

dishonor, difficult to

exercising parental authority. But if it is an illegitimate

pronounce

child, change of surname is permitted

2. habitually used and known

change of name does not alter family relations,

by other people as that

rights or duties, legal capacity, civil status or

3.
change will avoid

84

citizenship.
confusion.

Art. 377: Usurpation of a name and surname may

The usurpation or use of a name and surname
*usurpation means some injury to
be the subject of an action for damages and other
without authority could result in a claim for
the interests of the person
relief.
damages
(possibility of confusion of identity
Art. 378: The unauthorized or unlawful use of
Unauthorized or unlawful use of anothers name
etc)
another person's surname gives a right of action to
also gives right for an action to the latter.
the latter.

Art. 379: The employment of pen names or stage

Pen names and stage names permitted as long
*stage names cannot be usurped
names is permitted, provided it is done in good
as done in good faith and no one gets injured.
as the people have vested rights in
faith and there is no injury to third persons. Pen
them as well.
names and stage names cannot be usurped.

Art. 380: Except as provided in the preceding

article, no person shall use different names and

surnames.

Absence:
-

at the instance of an interested party the judge may appoint a person to represent him

judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) spouse is preferred if

no legal separation.

Declaration of absence

2 yrs if no news about the absentee

5 yrs if absentee left someone in charge

Who may seek
spouse present
*judicial declaration shall not take effect until 6
declaration of absence
heirs instituted in a will
months after its publication.
relatives who may succeed by the law of intestacy

(legitimate, illegitimate relatives, collateral relatives)

those who have right to the property subordinated to the

condition of his death

Some of its effects
cause for involuntary judicial separation
*spouse cant alienate/encumber property
basis for termination of property regime
without judicial authority.
transfer of exclusive properties to the present spouse

termination of parental authority

Termination of
when absentee appears of his agent
administration
death of the absentee is proved and his heirs appear

85

3rd person appears with a right over the property

Presumption of death

7 years for intents and purposes except succession

*if the absentee appears or his existence is
through absence

10 yrs for purposes of opening succession

proven he shall recover all his property in the

if disappeared after the age of 75, 5 years enough

condition they are in but cannot claim the fruits

or rents.
Presumption of death in

on board a lost vessel during sea voyage, airplane that is

*if the absentee is the heir, his share shall

dangerous situations

missing and has not been heard of in 4 years since loss. (if

accrue to his co-heirs, unless hi has heirs or a

there is a wreckage and person is missing, not 4 years)

representative. (right of representation). If

Person in the armed forces engaged in war and is missing

absentee reappears he has claim to get what

for 4 years
was supposed to be his from those that got it

Person in danger of death and existence has not been

within the prescriptive period.

known for 4 years.

86

ADDITIONAL NOTES AND REVIEW AIDS:

Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of statute.
Domestic adoption
Policy of the state to ensure that child is provided with love, care and remains with parents and only when the child cant be placed with
extended family shall adoption by unrelated person be considered.
In accordance with tenets of:
UN Convention on Rights of a Child
UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential adopter before birth, etc.)
Prevent child from unnecessary separation from parents
Protect adoptive parents from disturbance of their parental authority over adopted.
Promote sensitive environment for adoption through campaigns and public information
Government has sufficient capacity to provide for adoption properly.
Encourage domestic adoption and make inter-country adoption a last resort.
- Being a statutory creation, all requirements must be met with if not, no rights may flow from this. Pre-Adoption Services: Counseling for natural
parents, adopter, and adoptee.
Eligibility:
Filipino citizen of legal age with full civil capacity and legal rights.
Not convicted of a crime involving moral turpitude
Emotionally/Psychologically capable of caring for children
At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent)
In a position to support and care for
Aliens with same qualifications plus
Country has diplomatic relations with Philippines
Living in the Philippines for at least 3 continuous years
Residency requirement is waived if the adopter was:
Former Filipino citizen who seeks to adopt a relative with in the 4 th degree of consanguinity or affinity
Seeks to adopt legitimate child of Filipino spouse
One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4 th degree of consanguinity or affinity of Filipino spouse.
Foreign country will allow the adoptee to enter such country
Certified to be legally capacitated to adopt

87

3. Guardian with respect to ward (after clearance of finances Husband and wife shall jointly adopt except:
One spouse seeks to adopt legitimate child of other
One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this
Spouses are legally separated
Who may be adopted:
Below 18, judicially/administratively declared available for adoption
Legitimate child of one spouse by the other
Illegitimate child by qualified adopter to improve status
A person of legal age of when younger was treated as adopters child since minority
A childe whose adoption has been previously rescinded
Child where parents have died (no proceeding until after 6 months from time of death) Consent needed: To make sure everyone knows and
accepts the adoption
The adoptee if 10 years and over
Who ever has legal custody of the child (parent, guardian, govt.)
Legitimate and adopted children of adoptee (10 years and above)
Illegitimate children if living with adopter (10 years or over)
Spouse of adopter
No consent can be given prior to birth of child. 6-month period to revoke consent by parent after decision has been made. After that consent
is binding. Procedure:

Court needs proof that there wasnt a hurried decision.

Social worker should make case study of adopter and adoptee prior to any hearing for adoption
Before adoption decree becomes final there is 6 month custody period
Only a direct attack in cases of adoption, cant be collaterally attacked
Decree becomes effective as of the date petition was filed
Retroacts except when it comes to vicarious liability
Hearing in adoption cases will be considered confidential and not open to public. Effects of Adoption:
Parental authority all legal ties between biological parent and adoptee severed (unless biological is the one adopting)
Legitimacy for all intents and purposes adoptee is considered legitimate child
a. Relationship established is only between parent and child, does not extend to other relatives unless expressly provided by law
Succession - adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime), biological parents wont get anything. - No
right of representation (Meaning if adopter dies, adoptee cant get from parents of adopter)
- Does not inherit form the other relatives, etc.
- However if something is left by will the adoptee/biological parent can inherit (from the free portion)
Rescission of adoption: by adoptee or guardian:

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Repeated physical or verbal maltreatment

Attempt on the life of the adoptee
Sexual assault or violence
Abandonment and failure to comply with parental obligations - Adopter cannot rescind adoption (can only disinherit)

- If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a
minor. But adopter and adoptee relationship extinguished.
Inter-country Adoption:
Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.
The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family. Functions of
Board:
Rules and regulations
Guidelines for the convening of inter-country adoption placement committee
Guidelines for Matching/Collection
Fees and Charges to be executed
Form and Contents of application
Formulate policies etc to protect children
Prevent improper financial gain
Promote development of adoption service
Accredit/authorize foreign adoption agency
Ensure confidentiality of records
Prepare/Modify agreements
Assist other agencies
Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.

Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form an
accredited counselor in his/her country
Not been convicted of a crime involving moral turpitude
Eligible to adopt under his nationality laws
Able to give proper care and support
Agrees to uphold basic rights of child
Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is

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allowed under his or her laws)

To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
No matching arrangement between applicant and parents before the committees proposal unless it is relative or it is for the childs best interest.
Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family, absence

the foreign agency may propose.

Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign
adoption agencies.
Illegal Adoption (presumed):
Consent for adoption acquired through or attended by force, coercion, etc.
No authority from board
Procedures and safeguards not complied with
Child exposed to danger, abuse and exploitation
Attempt to commit offense punishable
Acts punishable above considered child trafficking
RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the

child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental
disability.
Child Abuse: habitual or non-habitual maltreatment
Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
Unreasonable deprivation of basic needs
Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
Living in an area affected by armed conflict
Working under conditions hazardous to life, safety, morals
Living or fending for themselves without the care of anyone
Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
Victim of calamity

Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.

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Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative. Child trafficking: trading, dealing,
buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption for a
consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this. Other acts of abuse: use
coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities

- Establishments where these acts are done will be closed and their license to operate will be canceled. Working Children: below 15 years of
age can work provided:
Work permit from DOLE
Employer shall ensure protection, health, safety, morals
Prevent exploitation or discrimination
Continuous training of child
Cant employ child in commercials for alcohol, tobacco, violence Children of Indigenous Cultural Communities:
Institute an alternative education for children which is culture specific and relevant to their needs
Delivery of basic social services.
Situations of Armed Conflict:
Policy of state to resolve such for best interest of children
Shall not be object of attack; entitled to special respect
Not recruited in army
Delivery of basic social services
Public infrastructures (schools, hospitals) not to be used
Facilitate reunion of families
Children arrested for reasons of armed conflict:
Separate detention cells from adults unless they are family.
Immediate free legal assistance
Immediate notice to parents
Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3 rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.

Article 86: Donor may revoke

5. Marriage is not celebrated or is void ab initio
Exception: If the donation is in the

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donation by reason of marriage in

(including art. 52-53)
marriage settlement it will be revoked by
the following cases
Prescription:
operation of law.
marriage is void: 5 years from Judicial Declaration of
Exception: If the marriage is void due to

Nullity (if doesnt want to give it back, prescribe after

Article 40, or Article 44, then automatically

8 years for movable, 30 years for immovable)

revoked
marriage not celebrated: 5 years from when it was

not celebrated

6.
Marriage takes place without consent of parents

Prescription:

- 5 years from the time he had knowledge that consent was

not obtained, after the marriage.

7.
Upon legal separation when donee is the guilty
Exception: if the ground for legal

spouse
separation is infidelity in the form of
Prescription:
adultery or concubinage it will be
- 5 years from finality of decree.
automatically void.
8.
When there is a resolutory cause and the condition
Exception: between husband and wife

has been complied with

prescription does not run.
Prescription:

5 years from the happening of the resolutory condition.

6. Acts of ingratitude:

- donee commits an offense against the person or property

of the donor, his wife, or children

- donee imputes to the donor any criminal offense involving

moral turpitude unless it against the donee

- donee unduly refuses to support donor when he is legally

or morally bound to give support.

Prescription:

- 1 year from the time the donor had knowledge of the fact of

ingratitude
Article 87
-husband and wife cant donate to each other
Exception: can give moderate gifts.
-also those who cohabitate with each other

Revoked by operation of law:

Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted with bad
faith.

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Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession, provisions in
favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law is
marriage is not celebrated
Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void a. Even if made by both spouses for a purpose
other than vocational or professional.
Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
entitled to parental care
receive at least elementary education
moral and civic training
live in an atmosphere conducive to his physical, moral and intellectual development duties of the child
obey and honor his parents or guardian
respect his grandparents, old relatives and those with substitute parental authority.
Exert his utmost for his education and training.
Cooperate with the family

Legitimate
Illegitimate
Those conceived in the 15-day period prior to the finality of the
Children born in a valid marriage but is impugned by the
decree of annulment.
father
Conceived or born before a voidable marriage is terminated
Children conceived or born in a void marriage
Children conceived or born in a void marriage pursuant to article 40,
Cannot be legitimated: when from an adulterous
52, and 53
relationship or bigamous marriage.
Children conceived or born in a void marriage because of
psychological incapacity
*but if child was conceived and born prior to the marriage, marriage

does not make child legitimate

Children conceived and born prior to the marriage if there are no
legal impediments at that time then the subsequent marriage will
make them legitimate.

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Exception to when parents cannot administer property:

children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to legitime.

Article. 919: following shall be sufficient causes for disinheritance of children, descendants
Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse, descendants or ascendants.
When the child, descendant has accused the testator of a crime, which the law prescribes imprisonment for 6 years or more, if it is found to be
groundless.
When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make a will or change one he has already made.
A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
Maltreatment of the testator by word or deed by the child or d
Child or descendant leads a dishonorable or disgraceful life
Conviction of a crime with civil interdiction
Article 920: following shall be sufficient causes for disinheritance of parents or ascendants, whether legitimate or illegitimate

When parents have abandoned their children, induced their daughters to live corrupt or immoral life, or attempted against their virtue
Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse, descendants or ascendants.
Accused testator of a crime
Parent or ascendant convicted of concubinage with spouse of testator
Parent or ascendant by fraud, violence, undue influence causes new will or change will
Loss of parental authority
Refusal to support children or descendants without justifiable cause.
Attempt of one of the parents against the life of the other, unless there has been reconciliation
Article 921: disinheriting a spouse
Spouse convicted of attempt against..
Spouse accused testator of crime
Spouse by fraud, intimidation
Spouse has given cause for legal separation
When the spouse has given grounds for loss of parental authority.
Unjustifiable refusal to support the children or other spouse
When parent is incapacitated to succeed one due to unworthiness:
Art. 1032: unworthiness
Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against her virtue
Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.

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Accused of a crime
Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer within a month unless authorities
have already taken action. (not applicable wherein law there is no obligation to make an accusation.
Person convicted or adultery or concubinage with the spouse of the testator
Cause testator to make or change will
By same means, prevents one from making will, revoking will, or concealing will
Falsifies or forges will of decedent
Incapable of succeeding
Art. 1027: the following are incapable of succeeding
Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant, descendant, brother or sister
or spouse
Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such witness, spouse, parents or
children.
Physician, surgeon, nurse, etc who took care of testator during last illness
Individuals, associations, corporations not permitted by law to inherit.

Prohibited compromise: matters which cannot be negotiated nor set by agreement: Civil status
Validity of marriage or of a legal separation Ground for legal separation
Future support
Jurisdiction of the courts Future legitimes
Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3
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. (physical, financial and moral desertion)
spouse can seek for receivership, judicial separation of property, and sole administration
abandonment for more than one year can lead to legal separation

Deadlines:

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Article
Contents
Deadlines/prescriptions
Article 30
Marriage certificate with affidavit for marriages in
Within 30 days after the performance of the
articulo mortis or remote residence
marriage
Article 38
Action or defense for absolute nullity (anyone can file)
Does not prescribe

Article 47
For one who obtains a marriage without prior consent
- Any time between 18-21 years old by parents
*If ratified then can no longer
after he reaches the age of 21
- 5 years after reaching 21 by the party.
be annulled.

Article 47
By the sane spouse without knowledge of insanity,
Anytime before the death of either party.
relative, guardian, or person having legal charge
Article 47
By the insane during a lucid interval
Anytime before the death of either
Article 47
Consent through fraud
5 years after having knowledge
Article 47
Consent through intimidation, force, undue influence
5 years after it ceases
Article 47
For STD and physical incapacity

5 years after the marriage

Article 50-51
Entry of judgment and decree of nullity become final
15 days from receipt of the parties of the decision
Article 57
Prescription of action for legal separation
5years from the occurrence of the cause.
Article 58
Legal separation trial (during trial they are entitled to
After the laps of 6 months after the filing of the
live separately already)
petition.
Article 61
After filing of complaint respondent should answer but is
15 days after receipt of summons
not in default if not answered
Article 61
Action for legal separation
Terminates upon death of either spouse
Article 64
Revocation by choice of the innocent spouse of
5 years after the decree of legal separation
donations after decree of legal separation
becomes final. (Unless the donation is actually void

Art. 87)
Article 182
Impugning legitimacy by those who are prejudiced
5 years from the time their cause of action accrues

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