Persons and Family Relations 2009 (Atty. Sta.

Maria)

CIVIL CODE OF THE PHILIPPINES: Preliminary Title
Article Summary
Summarized Annotation:
Article 1: Civil Code of the
Philippines
Art. 2: Laws shall take effect 15
Civil code took effect on August 30, 1950
days following the completion of
EO 200 was issued by President Aquino on June 1987 which provided
their publication
that pursuant to the ruling in Tañada v. Tuvera publication need not be
made in the Official Gazette, considering its erratic release and limited
readership.
Newspapers for general circulation could better perform the function of
communicating the laws to the people—more available, wider
circulation, comes out regularly.
If a statute does not provide for its effectivity, it will only take effect
15days after the completion of its publication. (No one shall be charged
under the statute until the completion of the publication.)
Statutes may provide for another number of days for publication. The
statement “unless otherwise provided” refers only to the 15 days (which
can be changed to a different number) and not the requirement of
publication. —Publication is indispensable.

Art. 3: Ignorance of the law
excuses no one from compliance
therewith.
Art. 4: Laws shall not be
retroactive unless provided

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It is the presumption that every person knows the law.
Ignorance cannot be put up as a defense because it can always be
used causing disorder in society
This is the reason why publication is an essential element, so that no
one can excuse himself or herself for not knowing.
Statutes are to be construed as having prospective or future operation
only it is not meant to be applicable to the past unless it is expressly
provided for or is clearly and necessarily implied from the law.
Cases when the law may be given retroactive effect:
1. The law expressly provides
2. When the law is curative or remedial – meant to cure defects in order to
enforce existing obligations. To enable people to carry into effect what
they intended in the obligation but could not due to some statute. Not
meant to impair obligation or affect vested rights.
3. When the law is procedural – when it deals with procedure it applies to
all actions, which have accrued, or pending and future actions.

Added Info:

Covered Under this Rule:
Presidential decrees and
executive orders by the
president in exercise of his
legislative powers.
Administrative rules and
regulations if their purpose is
to enforce or implement
existing law pursuant to a
valid delegation.
City charter must be
published even if it is only
applicable to a portion of
national territory
* Interpretative regulation and those
internal in nature need not be
published.
Maxim: ignorantia legis non excusat

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 5: Acts committed against
mandatory and prohibitory laws
shall be void.

Art. 6: Waiver of Rights

Art. 7: Repealed Laws

Art. 8: Judicial decisions form case
laws
Art. 9: Responsibility of the courts

Ex. When the legislature provides that all bills should under go 4 readings
instead of 3. This affects all bills that have been created and even those already
undergoing readings.
4. When the law is penal in character and is favorable to the accused.
MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that
are mandatory in the law, it renders the proceeding or acts to which it relates as
illegal or void.
Ex. The law provides “ The action to revoke the donation under this article must
be brought within 5 years from the time the decree of legal separation has
become final.” (Article 64, Family Code)
PROHIBITORY LAWS: Those that one is not supposed to do. Couched in
negative terms.
Ex. The law provides that “ No legal separation may be decreed unless the court
has taken steps towards reconciliation.” (Article 59, Family Code)
Rights may be waived unless it is contrary to law, public policy, morals
or good customs, or prejudicial to a third person with a right recognized
by law.
The right must exist at the time of the waiver.
Requisites:
1. The person knows that a right exists
2. Has adequate knowledge upon which to make an intelligent decision
3. Knowledge of the facts related to the right to be waived
4. Must be shown that the waiver is made knowingly and intelligently
- Rights provided for in statutes can generally be waived unless the object of the
statute is to protect or promote public interest
Laws are repealed only by subsequent ones
Between a law and the Constitution, the latter prevails
Administrative or executive acts are valid only when they are not
contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new law
Where a portion of a statute is rendered unconstitutional and part is
valid the parts may be separated if they can stand independently of one
another.

Examples of what cannot be waived:
1. Waiver against the right to
purchase land.
2. Waive an action against
future fraud
3. Waive right to receive less
than the compensation a
worker is to receive under
the law.

- Judicial decisions, applying and interpreting laws and the Constitution, assume
the same authority as laws.
- Judges must not evade performance of their responsibility because of an
apparent non-existence or vagueness of a law governing a particular legal

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 10: It is presumed that the
lawmaking body intended right and
justice to prevail
Art. 11: Customs
Art. 12: Customs must be proved
accdg. to the rules of evidence.
Art. 13: Years, days, months

Art. 14: Penal laws

dispute.
The court must first apply the law, only when there is ambiguity in its
application should there be any kind of interpretation.
The interpretation should be in line with the intent of the legislature or
the end sought to be attained.
CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as a
social rule, which is legally binding and has obligatory force.
JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike a
social custom, which cannot do so.
Years: 365 days each
Months: 30 days – if designated by their name, they shall be computed by the
number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
All citizens or foreigners who sojourn are subject to all penal laws and
laws meant for public security and safety.
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Art. 15: Nationality rule

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Art. 16: Real & Personal Property

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Art. 17: Forms and Solemnities of
contracts/will, acts done before
consular officials, prohibitive laws

Regardless of where a citizen of the Philippines might be he or she will
still be governed by Philippine laws when it comes to family rights,
duties, or to his or her legal status and legal capacity,

Exception:
Foreigners who are immune from suit
and thus cannot be charged
(diplomatic agents)
Thus a Filipino cannot get a divorce
even if he or she goes abroad, since
divorce is not recognized in the
Philippines

Real and Personal Property are subject to the law of the country where
it is found. However, when it comes to the order, amount, and intrinsic
validity of the succession it shall be regulated by the law of the person
whose succession is being considered regardless of where the property
is to be found.
Extrinsic validity: the laws shall govern the forms of contracts and wills where
they are made. Thus a will made in the U.S. must follow the laws regarding the
forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in a
foreign country made before the diplomatic and consular officials must also
conform to Philippine laws. This is because in the premises of a diplomatic office
the foreign country waives its jurisdiction so the Philippine laws govern in the
premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and
those meant for public order, public policy, or good customs will continue to be in

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Persons and Family Relations 2009 (Atty. Sta. Maria)

effect even if the person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy is legal,
the second marriage is void since bigamy is not permitted in the Philippines.
Art. 18: Deficiency in the Code of
Commerce and special laws

HUMAN RELATIONS
Art. 19: Abuse of right doctrine

Art. 20: willfully or negligently
causes damage to another
Art. 21: Contrary to good
customs, morals, or public policy

Art. 22: One who comes into the
possession of another is obliged
to make restitution

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When there are deficiencies in the Code of Commerce and Special
Laws the civil code will govern such deficiency.
Ex. In the Code of Commerce there is no stated prescription date for a certain
act, thus the provisions on prescription in the civil code will govern.
However one must check the kind of transaction at hand and whether
the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a one year
prescription for making a claim for loss or damage and the plaintiff believed that
he could extend the prescriptive period by giving a written demand pursuant to
Art. 1155 of the civil code, especially since the civil code is meant to be
supplementary according to Art. 18. However the Supreme Court ruled that it
was not applicable because when it comes to matters of goods in transport it is
desirable that it be resolved at once taking into consideration the nature of the
goods.
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Meant to be a law of justice and fairness especially in instances wherein there
is no specific law to prevent acts of abuse to another.
It is a rule of conduct that is meant to create a harmonious and orderly relation
ship between people
Speaks of the general sanction for all other provisions of law, which do not
especially provide their own sanction.
Designed to fill in the countless gaps in the statutes, which leave many victims
without recourse.
Elements:
1. There is an act which is legal
2. But which is contrary to morals, good customs, public order, public policy
3. And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result of another
person’s act
UNJUST ENRICHMENT: one should not unduly profit on something which he does not
own
- Thus if one is benefited at the expense of another, he must pay or indemnify the other
for what he has gained.

*The three articles are related
to each other and under these
articles an act, which causes
injury to another, may be made
the basis for an award for
damages.

Art. 23: Even if the act was not

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A civil obligation arising from a criminal offense only needs a preponderance of evidence as the quantum of proof. Sta.Necessary to have an absolute separate and independent civil action for the violation The touchstone of every system of laws is how far it dignifies man. 32: Civil action for violation of It is the courts duty to render justice and give protection on account of those who are disadvantage due to moral dependence. must be terminated before a civil proceeding can begin. indigence (poverty). . then one cannot file an action against him. . 5 . 25: Extravagance during acute public want or emergency Art. The criminal action here is based on the driver’s criminal negligence. prevent moral suffering. The first is governed by the civil code and the second is from the Revised Penal Code. 27: Public servant refuses or neglects to do his duty without just cause Art. Ex. Usually a criminal proceeding. . humiliation. Ex.If in a criminal case. 24: Protecting the rights of the disadvantage Art. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power his private amusement park.Persons and Family Relations 2009 (Atty. 31: Civil obligation not arising from the felony Art. vexation. –the court may order him to seize such at the instance of the government or charitable institution to prevent such in times of emergency. However when the civil obligation is separate from the crime committed it may proceed independently of the criminal proceeding. The civil action here is based from the breach of the contractual obligation of all common carriers to take extra diligence in driving his passengers.Necessary to promote a system of free enterprise and a fair chance for others to engage in business and earn a living. Art. A bus driver crashes the bus because he is drunk. . the accused is not proven guilty beyond reasonable doubt a civil action may be made and the degree of proof necessary is only a preponderance of evidence which means that more evidence is adduced to prove the guilt of the accused compared to that to defend him. Maria) due to ones fault or negligence he is still liable for indemnity if he was benefited. religious freedom. 28: Unfair competition Art. mental weakness. 30: Civil obligation arising from a criminal offense Art. If a civil proceeding has begun and later on a criminal proceeding is filed.One may file an action for damages against the officer who does not perform his official duty without just cause. 29: Civil action when guilt is not proved beyond reasonable doubt Art. . Respect for human dignity Art. 26: Respect privacy of others. the civil proceeding is put on hold until the criminal proceeding has finished. if commenced. The courts at the instance of the government or any private charitable institution can order one to stop extreme spending during times of emergency.A public officer who commits a tort or other wrongful act is still liable to the victim.Meant to enforce the right of one to his privacy in one’s own home. Certain injuries do not arise from the commission of a crime. tender age or other handicap. ignorance. . . *If the officer is no day off.

B then married C. thus an independent action for such cannot be made independently from the criminal prosecution. 33: Civil action for violation of private rights Art. or guardianship. A and B got married. A filed a case for bigamy against B. insanity or imbecility. B also filed a civil case against C (the second spouse) contending that she was intimidated into marrying C. If B was indeed intimidated in marrying C. The resolution of the Prejudicial question will determine if the criminal action may proceed. 36: Prejudicial Questions The general rule is that the criminal case takes precedence. Art. such peace officer shall be primarily liable for damages. state of being a deaf- *Criminal negligence (reckless imprudence) is not included in this article.Acquired when one reaches the age of majority. CIVIL PERSONALITY: GENERAL PROVISIONS Art. Sta. Ex.Persons and Family Relations 2009 (Atty. Art 35: Reservation of civil action . and the city or municipality shall be subsidiarily responsible. 37: Juridical Capacity and JURIDICAL CAPACITY: fitness to be the subject of legal relations. 6 . . inherent in every Capacity to Act. . which should be resolved before the criminal case. which deprives the offender during the time of his sentence the rights of parental authority. The civil case to determine whether there was intimidation or not must necessary be resolved before the bigamy case. defamation.Acquired when one is conceived (rights of the unborn child) CAPACITY TO ACT: power to do acts with legal effect. 34: Members of the Police Force of civil liberties for the effective maintenance of democracy. and the police officer refuses to give aid and protection. physical injuries and are understood in their ordinary sense. charges another but the judges fails to find any crime to have been committed or if the prosecuting attorney refuses/fails to institute criminal proceedings. When there is danger to life or property. complainant may file a civil action for damages against the alleged offender Art. PREJUDICIAL QUESTION: That which must precede the criminal action that which requires a decision before a final judgment is rendered in the principal action where the said question is closely connected. there is no bigamy. may be acquired of lost .When a person claiming to be injured by a criminal offense. lost in cases like civil interdiction1. 38: Restrictions on the Restrictions on the capacity to act: Minority.Includes fraud. right to manage his property and the right to dispose of such property by any act. - If complaint be malicious. Maria) constitutional rights Art. person and is lost only through death. An independent civil action can be instituted wherein a preponderance of evidence is all that is required.Principle is to allow the citizen to enforce his rights regardless of State action so that citizens will not depend upon the government for the vindication of their own private rights. defendant may can be indemnified through the plaintiff’s bond * Both men and women are 1 An accessory penalty for the commission of an offense. an exception would be if there exist prejudicial questions. .

transmission of rights. 41: conditions to determine when the child is considered conceived. Political subdivisions: municipal corporations that consist of provinces.The state cannot be sued without its consent (implied or expressed) 2. - Art. It can enter into treaties and contracts. Applies to persons who are called to succeed each other like mother and child.) If there is no proof as to who died first. 44: Who are juridical persons Art. 3. - Art. prodigality. Sta. 46: Rights and obligations of juridical persons Birth determines personality but the conceived child shall be considered born for all purposes that are favorable to it. (Necessary to determine the amount of inheritance one is to receive. insanity. prodigality. Death puts an end to civil personality Dead person continues to have personality only through contract. a child conceived at the time of death of the decedent can s JURIDICAL PERSON: Being of legal existence susceptible of rights and obligations. Corporation: An artificial being created by operation of law and has the powers 7 . alienage. etc. family relations. They can be sued because it is granted by their charters but they are generally not liable for torts committed in the discharge of their governmental functions. and civil interdiction are mere restrictions on the capacity to act. or as determined by law. 42: Civil personality extinguished at death - Art. insolvency. cities and municipalities. State: organized corporate society under a government with the legal competence to exact obedience of its commands. BUT if the fetus was alive in the womb for less than 7 months it is not deemed born if it dies within 24 hours it is delivered form the womb. Maria) capacity to act Art. Modify/limit capacity to act: age. 1. qualified from all acts of civil life when they reach the age of majority (18 years old) -For purposes of inheritance and succession. The fetus is considered born if it is alive from the time it was completely delivered from the mother’s womb. 40: Commencement of Civil personality mute. 41. the state of being a deaf-mute. Proof of death cannot be established from mere inference or presumptions. 39: Modification or limit capacity to act NATURAL PERSONS Art. No human body shall be buried unless the proper death certificate has been presented and recorded however during an epidemic bodies may be buried provided that the death certificate be secured within 5 days after the burial.Persons and Family Relations 2009 (Atty. absence. . they are presumed to have died at the same time and thus no transmission of rights from one to the other. – Creditors can still claim from the estate of the deceased any obligation due to them. 45: What governs juridical persons Art. 43: Doubt between the death of two or more persons - JURIDICAL PERSONS Art. penalty. imbecility. and trusteeship. It must be established by clear positive evidence. will. – Do not exempt the person from certain obligations. Provided that the conceived child is later born with the conditions in Art.

By naturalization 2. 4. institutions. *State and political subdivisions. a proper petition shall be filed in the proper court. Maria) and attributes granted to it by the law. 3. 48: Who are citizens Citizens of the Philippines: of the Philippines 1. other corporations. justify wrong. move family in area. There is only one domicile. Partnership: 2 or more persons bind themselves to make contributions to a common fund with the intention of dividing the profits among themselves. Jus Soli: Refers to citizenship on the basis of the place of birth Acquisition of Citizenship: for a foreigner to be able to become a Philippine citizen.Persons and Family Relations 2009 (Atty. 49: Naturalization foreign parents who have been elected to public office in the Philippines. Act. etc. Navy or Air Corps. thus making the shareholders and members liable. An actual removal or an actual change or domicile 2. this veil may be pierced. etc. when the fiction is used to defeat public convenience. their properties and other assets should be disposed of in pursuance of law or the charter creating it. This is the concept followed in the Philippines. and associations for private interest and purpose may be granted a separate and distinct personality from the shareholders or members (this is known as the veil of corporate fiction). it shall be applied for a similar purpose for the benefit of the region/province/city it is in. a place wherein. There may be more than one residence. one still has the intention of returning and remaining for an unlimited time. with Art. 50: Domicile of 5. defend crime. Jus Sanguinis: Refers to citizenship by blood. although one may be absent from. Art. Upon the dissolution of such entities mentioned above. However. *Private corporations are regulated by laws of general application on the subject *Partnerships are governed by the provisions of this Code concerning partnerships *Juridical persons may acquire and possess property of all kinds and incur obligations in conformity with the laws and regulations of their organization. Those whose mothers are Filipino and elect Philippine Citizenship when they reach the age of majority. Those who are naturalized natural persons DOMICILE: Fixed permanent resident. 2. register as a voter in the area. Art. *Corporations. and reacquisition of loss 3.) RESIDENCE: Indicates a place of abode whether permanent or temporary. Those born in the Philippines. protect fraud. perpetrate deception. A bona fide intention of abandoning the former domicile and establishing a new one. Sta. not necessarily the domicile. Those who are citizens at the time of the adoption of the Philippine Constitution. before the adoption of the said constitution. If there is nothing in the law. A minor follows the domicile of his parents Change in Domicile: 1. 47: Dissolution of corporations CITIZENSHIP AND DOMICILE Art. Ground for Reacquisition of Citizenship: 1. which correspond with the purpose (physical presence in the area. (Woman who has lost her citizenship by reason of marriage to an alien may be repatriated after the termination of 8 . Those whose Fathers are Filipino citizenship 4. which created it. partnerships. and entities for public interest or purpose are governed by the laws creating them.Repatriation of deserters of the Army.

Maria) Art. Sta.Persons and Family Relations 2009 (Atty.When the law creates or recognizes a juridical person but doesn’t fix the domicile it shall be understood to be the place where it has legal representation her marital status) 3. 51: Domicile of juridical person .By direct act of congress 9 .

Constitutional Protection: The State recognizes the sanctity of family life and shall protect and strengthen it. 1988 signed by President Corazon Aquino (Executive Order 209) REQUISITES OF MARRIAGE: Article Summary of Annotation Additional Info/Exceptions/Connected with: Art. International Covenant on Economic. Use the postal service to without any limitation due to race. -A contract to marry. Once it is executed a relation is formed between public interest. to marry has been recognized as a vital personal right towards discriminatory policies of private It is the foundation of the family and an inviolable social the pursuit of man’s happiness. Universal Declaration of Human Rights VALIDITY OF MARRIAGE: 2. the right to marry and found a family. and incidents are -Still considered as a special civil contract regulated by law governed by law and not subject to stipulation. Marriage in International Law: men and women of full age 4. individuals or corporations. institution whose nature. 1. unlike other contracts. To advertise the promotion of case of marital rape2 such acts.” The freedom cannot be restricted by with the law for the establishment of conjugal and family life. Solicit or attract or any Filipino Marriage Status: Marriage creates a social status. The state also recognizes marriage as an inviolable social institution and the 2 Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Maria) THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3. Acts punished: -A subsequent marriage between the rapist and raped victim 1. 1: Marriage is a special contract of permanent union Nature of Marriage: *Marriage as a special contract between a man and a woman entered into in accordance -Marriage is one of the “basic civil rights of man.Persons and Family Relations 2009 (Atty. consequences. 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. involves and affects two persons. It is a case where a double club that matches women for status is created. nationality or religion have promote the prohibited acts. 3. (Connected with the parties that cannot be altered. Social and Cultural governed by the law effective at Rights the time of the celebration of the 3. marriage to foreign nationals for a fee. except that due to the high state interest in protecting and safeguarding MAIL-ORDER BRIDE: marriage settlements may fix the property relations during the family. considered as a criminal offense the marriage within the limits provided by the code. cannot be modified because marriage is vested with or changed. which the woman to become a member in a state is interested in protecting. The law steps in to hold or the Anti-Trafficking Act) bind the parties together. 10 . International Covenant on Civil and Political Rights. marriage. In 2. Sta. Carry on such a business extinguishes the criminal action or penalty of the rapist.

37 and Art. found a family. However if there is consent but such was obtained through force.Persons and Family Relations 2009 (Atty. Made in the presence of the solemnizing officer Absence of consent makes the marriage void. 38 (incestuous marriages and those against public policy). undue influence. otherwise the subsequent marriage will be bigamous. 1992) provides that a mayor of a city or municipality may now solemnize marriages. *Presumption leans towards the legality of the marriage thus the authority of the officer is presumed absence the showing any proof to the contrary. fraud. etc then it is only voidable. Thus a priest who has not renewed his license to marry does not have the authority and cannot be considered for marriage. Art 2: No marriage shall be valid unless these essential requisites are present: 1. Sta. Authority of the solemnizing officer 2. The right to marry. They cannot be related to each other as provided by Art. Thoughts to ponder: Marriage should not to be enjoyed only by heterosexual couples. the marriage is void. Marriage is subject to the control of the legislature but it must not contravene mandates of Constitution. thus if one of the contracting parties is below 18 years of age. * The constitutional provisions on marriage however do NOT mean that legislature cannot enact a law allowing absolute divorce. personality are all rights of human beings. LEGAL CAPACITY: Marrying age is 18 years old and above. There should be no previous valid subsisting marriage. Marriage is desirable due to the importance of procreation which is one of the reasons why same sex marriages are prohibited (due to the impossibility of reproduction) CONSENT: 1. identity. DIFFERENT SEX: There should be a male and a female. The Local Government Code (Jan. 3: The formal requisites of marriage are: 1. Maria) foundation of the family and shall be protected by the state. AUTHORITY OF THE SOLEMIZING OFFICER: Those enumerated in Article 7. Merely Irregularities in marriage license: 11 . proxy marriages are prohibited in the Philippines. However it must still follow the mandatory provisions of the Family Code. he must have the authority. Consent freely given in the presence of the solemnizing officer Art. 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 Property Relations: Only property relations may be fixed and arranged in a marriage settlement prior to the marriage ceremony. Must be freely given 2. 2. Sex change: has not been shown that sex reassignment surgery would allow one to produce human beings. 1. *Parties must be personally present. Legal capacity of the contracting parties who must be a male and female. A valid marriage license except in the cases provided for in Chapter 2 of this title 3.

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. 6. when the party is at the point of death is unable to sign the marriage certificate. 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. are not recognized in the Philippines. 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. Art. for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife.Persons and Family Relations 2009 (Atty. 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. 12 . it shall be sufficient for one of the witnesses to the marriage to write the name of said party. Name stated therein is different or misspelled Misrepresentation of age (but has to be emancipated—18 years and above) Non-disclosure of prior marriage and divorce Falsely stated that he or she had not been previously married. 4. * Declaration does not have to be vocally expressed may be inferred by the words used. Article 33: Marriages among Muslims or ethnic cultural communities. 5. Falsely swore that he or she is not under guardianship. VALID MARRIAGE LICENSE: . 4: The absence of any of the essential or formal requisites shall render the marriage void ab initio. . 3.Lasts for 120 days from the date of issue and effective within any part of the Philippines only. criminally and administratively liable. 5. 4. rites. 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. which fact shall be attested by the solemnizing officer. 2. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. It shall be necessary. practices. Article 27: Both parties are in articulo mortis marriage will be valid even if the ailing party survives.) may contract marriage. 1. * If the couple have a valid marriage license but forgot to bring it then marriage will be valid (but if they don’t have one and procured one after the marriage ceremony the marriage will be void) * Common law marriages. Chapter 2 Title 1 of Family Code: exempt from license 1. MARRIAGE CEREMONY: .Family code only recognizes ceremonial marriages but there is no prescribed form of marriage ceremony.The minimum requirement is that the parties personally appear before the solemnizing officer and declare that they take each other in the presence of at least 2 witness of legal age. 6: No prescribed form or religious rite for the solemnization of the marriage is required. Article 34: Cohabitation between man and woman for at least 5 years with no legal impediment at time of marriage. the manner the ceremony was 2. In case of marriage in articulo mortis. Marriage license was made in a different place other than their residence. as long as performed in accordance with their customs. however. 3. Art. Sta. which are non-ceremonial. Art. Maria) the presence of not less than 2 witnesses of legal age.

or minister of any church or religious sect duly authorized by his church or religious sect and registered within the civil registrar general.Persons and Family Relations 2009 (Atty. Sandiganbayan. Any priest. acting within the limits of the written authority granted him by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officers church or religious sect 3. If one of the contracting parties knew of this but the other did not the marriage is still valid. Sta. MILITARY COMMANDER: He or she should be a military commander of a unit. the marriage will still be valid in accordance with Art. during a military operation. HOWEVER. Maria) Art. PRIEST/MINISTER OF A CHURCH OR RELIGIOUS SECT: he should be authorized by the church to do so. the contracting parties must also be in articulo mortis either members of the military operation or * Stopovers during a flight or voyage are still considered part of the journey. a chaplain should have been assigned to the unit and such chaplain is absent. if both or one of the contracting parties believed that such a person did have the authority the marriage will be valid. rabbi. Because the state is interested in marriage. it becomes a party thereto by manifested in the consent required and granted to limited number of officers.  An assistant pilot has no authority to solemnize marriages even if the main pilot dies. and at least one of the contracting parties belongs to his or her church. Any military commander of a unit to which a chaplain is assigned. Any ship captain or airplane chief in cases mentioned in Article 31 4. etc. Court of Appeals. the marriage must be between the passengers or crewmembers. 7: Marriage may be solemnized by: 1. imam. Any incumbent member of the judiciary within the court’s jurisdiction 2. 26. which recognizes international comity. in the absence of the latter. likewise only in the cases mentioned in Article 32 or 5. * The absence of 2 witnesses of legal age is merely an irregularity in the ceremony and does not affect the validity of the marriage. Ex. Supreme Court: National jurisdiction  Absence of jurisdiction would mean the absence of the authority of the solemnizing officer and thus the marriage will be null and void. consul or vice consul in the case provided in Article 10. SHIP CAPTIAN/PILOT: one of the parties must be at the point of death. he must be registered with the civil registry. If a wedding took place there is a presumption that there was an exchange of vows. he or she must be a commissioned officer (his rank should start from second lieutenant). *If the host country allows marriages to be solemnized by consuls then even if between a Filipino and non-Filipino. There is a need to limit the persons who can solemnize marriages since marriage is an important institution the state wants to safeguard and protect. they must be one of 13 . A priest did not renew his license to marry therefore does not have the authority to marry. Court of Tax Appeals. Any consul-general. and the ship or plane must be at sea or in flight. made. JUDGES: they can only solemnize marriages within their jurisdiction and they must be incumbent. GOOD FAITH OF PARTIES: if the person who solemnized the marriage did not legally have the authority to solemnize a marriage.

OR VICE CONSUL: they can only solemnize marriages abroad when both the contracting parties are Filipino. Even if both parties are in good faith in thinking that a janitor can solemnize a marriage they should know who by law are authorized to. The consular officials absorb the duties of the local civil registrar and the solemnizing officer when Filipinos wish to be married abroad. Not mandatory but directory in nature. or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. or in the office of the consul-general. except in marriages where no license is required in accordance with Chapter 2 of this Title. 8: The marriage shall be solemnized publicly in the chambers of the judge or in open court in the church.The marriage license should be procured from the civil registrar of the city or municipality where either of them resides. civilians. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. Its non-compliance will not make the marriage void but will only cause civil. or administrative liability. the people who can be authorized if they are not the marriage will be void (ignorance of the law excuses no one) Ex. the mayor of a city or municipality can now solemnize marriages. 10: Marriages between Filipino citizens abroad may be solemnized by a consul-general. . chapel or temple. Sta. consul or vice-consul.) * No matter where they are the solemnities and requirements mandated by Philippine Law shall be observed. When the marriage is in articulo mortis 2. The ceremony and requirements should be in accordance with Philippine law. * When the mayor cannot perform his duties. except in the cases of marriages contracted at the point of death or in remote places in accordance with Article 29 of this Code. A couple goes to a janitor to get married.Persons and Family Relations 2009 (Atty. the acting mayor has the authority to solemnize marriages. Art. as the case may be. * They also perform the duties of a local civil registrar (like issuing the license etc. Art. CONSUL. and not elsewhere. Maria) Art. consul or vice consul of the Republic of the Philippines. criminal. is difficult to come by) 3. 14 . must be within military zone (there should be widespread military activity not merely practice). Exceptions to venue stated: 1. MAYOR: Pursuant to the Local Government Code. CONSUL-GENERAL. 9: A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. When the marriage is in a remote place (transportation etc. When requested by both parties in writing. However if they obtain it from another place it is merely an irregularity and does not affect the validity of the marriage.

shall require the presentation of the original birth certificates or. persons of good reputation in the province or the locality. in default thereof. residence and citizenship of the father 9. Full name. and the place and date of birth of such party. when and where the and issue a marriage license. each of the Stating all relevant facts needed in order to determine contracting parties shall file separately a sworn application legal capacity to marry and the eligibility of the for such license with the proper local civil registrar which parties.Persons and Family Relations 2009 (Atty.Contracting parties 18 years old and above but BELOW 21 years of age must obtain the consent of their father. marriage no longer emancipates a child because they must be 18 years of age to marry. Full name. The applicants. Sta. 4. and relieve 1. Maria) Art. mother. 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. such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. 12: The local civil registrar. as stated in 15 . (This is to prevent bribery and abuse by the civil 7. Degree of relationship of the contracting parties registrar) 8. residence and citizenship of such contracting party and of his or her parents. . Civil Status MARRIAGE APPLICATION: the civil registrar has to process 5. (Non-compliance makes the marriage annullable) 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. . shall specify the following: Main purpose is to discourage deception. Place of birth Provides evidence of the status and legitimacy of 3. Art. upon receiving such application. residence and citizenship of the mother 10. Age and date of birth offspring. The nearest of kin of the contracting parties shall be preferred as witnesses. Full name. If previously married.Emancipation is obtained at 18. how. If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either 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 that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application. 2. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. in case the contracting parties has neither father nor mother and is under the age of twenty one years. residence and citizenship of the guardian or person having charge. 11: Where a marriage license is required. or guardian in the order mentioned. or. in their default. These certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax. surviving parent. if known. Present residence and citizenship by the court. Full name of the contracting parties from doubt the status of parties who live together. setting forth the full name. Such instrument shall contain the sworn declaration of two witnesses of lawful age. Even if the civil registrar knows previous marriage was dissolved or annulled of a legal impediment he cannot discontinue unless stopped 6. the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals.

mother. or persons having legal charge of them. and the affidavit. Art. the consent to their marriage of their father. Sta. they shall. In case the death certificate cannot be secured. 16. in addition to the requirements of the preceding articles. In case either of the contracting parties has been previously married.Persons and Family Relations 2009 (Atty.It is the duty of the civil registrar to post a notice informing shall contain the full names and residences of the applicants the public of the impending marriage. or the judicial decree of annulment or declaration of nullity of his or her previous marriage. or when the local civil registrar shall. together with the written advice given. In the cases where parental consent or parental advice is needed. surviving parent or guardian. Should only one of the contracting parties need parental consent or parental advice. The purpose of which is - 16 . 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. by merely looking at the applicants upon their personally appearing before him. shall be attached to said applications. . the other party must be present at the counseling referred to in the preceding paragraph Art.Absence of parental advice does not affect the marriage. . 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. or if it be unfavorable.Only delays the issuance of the marriage license for 3 months but after 3 months the license must be issued. If they do not obtain such advice. 14. Art. 17: The local civil registrar shall prepare a notice. shall be attached to the application for marriage license. this fact shall be stated in the sworn statement. Maria) the application. in the order mentioned. attach a certificate issued by a priest. Should the parents or guardian refuse to give any advice. if one is executed instead. instead of the birth or baptismal certificate required in the last preceding article. are between the ages of eighteen and twenty-one. exhibit to the local civil registrar. 13. be convinced that either or both of them have the required age. 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. who personally appears before the proper local civil registrar. Art. The personal manifestation shall be recorded in both applications for marriage license. which . in addition to the requirements of the preceding articles. 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. the death certificate of the deceased spouse or the judicial decree of the absolute divorce. the party or parties concerned shall. if any. not having been emancipated by a previous marriage. the marriage license shall not be issued till after three months following the completion of the publication of the application therefore. Such consent shall be manifested in writing by the interested party. Art. In case either or both of the contracting parties. the applicant shall be required to furnish. 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. A sworn statement by the contracting parties to the effect that such advice has been sought. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage.

so that persons having knowledge of any impediment to the marriage can inform the local civil registrar. but shall nonetheless issue said license after the completion of the period of publication. 19. to submit a certificate of legal capacity to contract marriage. It is good for 120 days from the date of issue. that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit. The expiry date shall be stamped in bold characters on the face of every license issued Art. * The civil registry cannot issue a license without the certificate of legal capacity however if the civil registry does issue the marriage will still be valid. Art. or by their oath before the local civil registrar. 20: The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license.It is to be posted for 10 consecutive days on a bulletin board outside the office . A certificate of legal capacity is meant to show that a foreigner is capacitated to marry in his or her country.Persons and Family Relations 2009 (Atty. 21) . The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The courts direct civil registry to refuse giving out the license 2.The civil registrar shall be issued after the period of publication.If an impediment is made known to the civil registrar he shall merely note it down but he must nonetheless issue the license. . The marriage license shall be issued after the completion of the period of publication. issued by their respective diplomatic or consular officials. Sta. however. 21: When either or both of the contracting parties are citizens of a foreign country. he shall note down the particulars thereof and his findings thereon in the application for marriage license. 18: In case of any impediment known to the local civil registrar or brought to his attention. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order. and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. This is because the impediments may not be valid at all. 17 . Art. .If the marriage license was issued despite court intervention. be issued free of charge to indigent parties. it shall be necessary for them before a marriage license can be obtained. . EXCEPTIONS: 1. the marriage will still be valid but the parties responsible may be criminally or administratively liable. The Philippines adheres to the national law of the contracting parties with respect to their legal capacity to contract marriage. Maria) for a marriage license and other data given in the applications. It shall. unless ordered otherwise by a competent court at his own instance or that of any interest party. When the required certificate of legal capacity of foreigners is not given (Art. - - The marriage license is only valid within the Philippines and not abroad. Art. The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license.The purpose of which is to prevent graft and corruption on the part of the civil registry.

Art. Statement in a will * A certificate of marriage made years after the marriage is inadmissible as evidence. The full name. except in marriage provided for in Chapter 2 of this Title 5. witness.Persons and Family Relations 2009 (Atty. to the local civil registrar of the place where the marriage was solemnized. Their citizenship.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. Judicial decisions 6. That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases and 7. solemnizing officers 7. -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. 23. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate. That the parties have entered into marriage settlement. the copy of the marriage certificate. The marriage certificate. Proofs of marriage: 1. Ex. Marriage contract or certificate 2. In the US 16 years old is the age when one can contract marriage. Cohabitation and conduct 8. the original of the marriage license and. Family bible 4. if any. 24: It shall be the duty of the local civil registrar to *Presumption is always in the validity of marriage. birth certificates of kids 5. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. submit an affidavit stating the circumstances showing such capacity to contract marriage. the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. only those of their country. . Baptismal. A 16-year-old US citizen may contract marriage in the Philippines provided that he gives a certificate from his embassy stating that 16 years old is the legal age to marry. That either or both of the contracting parties have secured the parental consent in appropriate cases 6. shall also state: 1. Art.The local civil registrar is the government official charged 18 . Testimonies of parties. Sta. That the proper marriage license has been issued according to law. Photocopies of the certificate or contract from the local civil registry 3. 22. attaching a copy thereof. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage. The date and precise time of the celebration of the marriage 4. in lieu of the certificate of legal capacity herein required. in proper cases. Art. Maria) Stateless persons or refugees from other countries shall. in which the parties shall declare that they take each other as husband and wife. . sex and age of each contracting party 2. religion and habitual residence 3.

the Filipino spouse shall have capacity to remarry under Philippine law. ART. however the marriage must still be solemnized. If in Vietnam a doctor is authorized to solemnize a marriage and a Filipino couple gets married in Vietnam by a doctor such marriage will be considered valid in the Philippines. and such other data as may be necessary Art. with the preparation and the keeping of all the official documents. Marriages that are solemnized abroad and are recognized as valid there will also be recognized as valid here (international comity) Ex. EXCEPTIONS to international comity: -Either or both contracting parties are Filipinos and below 18 years of age -Polygamous and bigamous marriages recognized abroad will not be valid here. 15: laws relating to family rights and duties. -Marriage abroad where there is mistake of identity of the other contracting party is not recognized here. their acts or property and those which have for their object public order. 37 and 38. in accordance with the laws in force in the country where they were solemnized. Maria) prepare the documents required by this Title. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax. conditions and legal capacity of persons are binding upon citizens of the Philippines even living abroad. 17: prohibitive laws concerning persons. PROOF OF FOREIGN MARRIAGE: necessary to prove the foreign law and then prove the celebration of marriage. 38) -Common law marriages are not recognized here. the date on which the marriage license was issued. Art. and to administer oaths to all interested parties without any charge in both cases. 25. 26 refers to formal requisites only. the marriage 19 . except those prohibited under Articles 35 (1). 37) -Marriages against public policy are not valid here either (Art. 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. - Art. shall also be valid in this country. and valid there as such. (5) and (6). (Art. He shall record in said book the names of the applicants. -Marriage by a Filipino to one who is psychologically incapacitated is not valid here -Marriages that are incestuous are not valid here even if celebrated abroad and valid there. or to the status. REMEMBER THE LAWS: ART. All marriages solemnized outside the Philippines.Persons and Family Relations 2009 (Atty. Sta. (17a) Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry. 26. (4). 36. If the law of the other state is not pleaded nor proved the laws of the Philippines will be presumed to be similar to that of foreign laws.

27: In case either or both of the contracting parties are at the point of death. *If a Filipino changes citizenship then he can get a divorce and if he reacquires his Filipino citizenship after that the divorce will still hold. The divorce may be recognized in the foreign country where it was obtained but not in the Philippines. the marriage will still be invalid. But the divorce of a foreign citizen abroad is recognized in the Philippines as the Philippines recognizes legal capacity of a foreign person.Persons and Family Relations 2009 (Atty. -Same sex marriages between Filipinos are not valid even if done abroad. The law where the marriage has been solemnized shall apply. the marriage may be solemnize without a marriage license. 28. Even if the ailing party survives after the marriage. 29: In the cases provided for in the two preceding articles. the Filipina can marry. The solemnizing officers here are those authorized to solemnize under Article 7 and the mayor provided that they solemnize the marriage within their jurisdiction and within the authority given to them. *If a marriage celebrated abroad is invalid in that country but considered valid in the Philippines. * If a Filipino contracts a foreign marriage which is null and void under the laws of the state where it has been solemnized then such marriage will likewise be null and void in the Philippines. Art. Sta. even if the couple was married abroad the divorce will not be recognized here if one of them is a Filipino. or by determinations or conventions agreed upon in a foreign country ABSOLUTE DIVORCE: Absolute divorce is not recognized in the Philippines. the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was must still be solemnized and not contracted. the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. the marriage may be solemnized without necessity of a marriage license. MARRIAGES EXEMPT FROM LICENSE REQUIREMENT Art.This envisions a situation wherein the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar. the marriage will still be valid. 20 . - Solemnizing officers and the mayor are empowered to solemnize marriages even without a marriage license if either or both of the contracting parties are at the point of death. If a Filipina marries a foreigner and the foreigner obtains a divorce. . it will be recognized against the foreigner and thus the foreigner will not have legal standing to sue for adultery or claim for property after the divorce. If the Filipina obtains a divorce although not recognized in the Philippines. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar. Maria) public policy and good customs shall not be rendered ineffective by laws or judgments promulgated. Art.

30: The original of the affidavit required in the last preceding article. * If something happens to the main or principal pilot the second in command cannot solemnize marriages. pagans or Muslims are exempt only from procuring a marriage license. 32: A military commander of a unit. They can only solemnize marriages between their passengers and crew members The military commander must be a commissioned officer (his/her rank should start from 2nd lieutenant. 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. 31: A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight.Persons and Family Relations 2009 (Atty. Sta. (They are not authorized to by law) 21 . The contracting parties may either be member of the armed forces or civilians. Marriages between parties that belong to ethnic groups. 33: Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license. - Art. Art. Art. - - A pilot or ship captain may solemnize only marriages at the point of death while the plane is in flight or the ship is at sea even during stopovers (it is still considered part of the flight/voyage). 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. Maria) performed in articulo mortis or that the residence of either party. but also during stopovers at ports of call. who is a commissioned officer. rites and practices. specifying the barrio or barangay. whether members of the armed forces or civilians. provided they are solemnized in accordance with their customs. 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 The marriage must be solemnized within the zone of military operations. together with the legible copy of the marriage contract. shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation. 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. ensign and above) He should be a commander of a unit. rites or practices. The marriage must still be solemnized in accordance with their customs.

34: No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. 35: The following marriages shall be void from the Article 2. Thus 53. Can be questioned after death of Only assailed during lifetime of (4) Those bigamous or polygamous marriages not failing parties parties under Article 41. There can (1) Those contracted by any party below eighteen years of be no other void marriage except those provided by law. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The fact that the officer to investigate shall not invalidate the marriage. except those covered Can be attacked collaterally. At the time of marriage. - - Persons cohabiting for at least 5 years living together as husband and wife are exempt from obtaining a marriage license. Thus during the 5 year period. they should be without any legal impediment to marry each other. Sta. (2) Those solemnized by any person not legally authorized Void Marriage Voidable to perform marriages unless such marriages were Can’t be a source of rights Can be source of rights contracted with either or both parties believing in good faith Can’t be ratified Ratified by prescription or that the solemnizing officer had the legal authority to do so. age even with the consent of parents or guardians. 4: when all the essential and formal requisites of a marriage are absent beginning: Only marriages declared by the legislature. Art. MARRIAGES VOID AB INITIO: Not valid from its inception. Matters that don’t 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. as void should be treated as such. Action for nullity has no Action prescribes (5) Those contracted through mistake of one contracting prescription party as to the identity of the other. Article 34: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of cohabitation. (Judicial declaration of nullity). 3. Maria) Art. Good faith and bad faith generally is immaterial in void marriages except: when either of the parties believed in good faith that the solemnizing officer had the authority to 22 . *The solemnizing officer shall also state under oath that he ascertained the qualifications of the parties and that he found no legal impediment.Persons and Family Relations 2009 (Atty. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage. if one of the parties stated under oath that they were 25 when they were actually 16 the marriage is void despite the oath. No rights can flow from it and can never be ratified. Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners. Can only be attacked directly the preceding Chapter. and (6) Those subsequent marriages that are void under Article Estoppel or acquiescence does not apply to remedy the infirmity of a void marriage. it is not necessary that there is no legal impediment it is only necessary at the time of marriage that there is none. cohabitation (3) Those solemnized without license. The parties shall state the fact of their cohabitation and the absence of any legal impediment to marry in an affidavit under oath.

character of person. History: 14 male. W2 however sees W the day before the wedding but does not tell H.Persons and Family Relations 2009 (Atty. the marriage will be void. pedigree. The good faith of the party is what is referred to not the solemnizing officer. As long as H is in good faith and does not know of the presence of W the marriage will still be valid. Those provided for under the Muslim code. 23 . Does not include: mistake in name. attributes. Ex. religion. Maria) solemnize the marriage when in fact he had none. previous habit. age. as the same is not the person he or she actually knew before the marriage. 12 female: minimum age for effective procreation 16 male. H later on is to marry W2. BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent. acquirements. and when a donor desires to revoke a donation propter nuptias. validity of marriage is essential to the determination of the case. 18 for both: No significant difference in terms of maturity of male and female. Generally evidence other than a judicial declaration of nullity can be presented except (direct attack needed) for purposes of remarriage. When the first marriage was actually void with a judicial declaration of nullity. Here the contracting party absolutely did not intend to marry the other. pecuniary means. NON-AUTHORITY OF SOLEMNIZER: Exception: If EITHER or both of the contracting parties believed in good faith that he had such authority. 14 female: Maturity and responsibility were taken into consideration. Science shows below 18 leads to unsafe pregnancies. condition in life. MISTAKE IN IDENTITY: An instance of fraud. Exception: That mentioned in Article 41 regarding appearance of a spouse after a declaration of presumptive death.Unless it was ignorance of the law then the marriage will be void. Sta. W is married to H and W disappears for 4 years and is judicially declared presumptively dead. . social standing. which is a ground for the nullity of the marriage. temperaments. 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. Second. Gender Roles: ability of men to provide and ability of women to care for the household. them believing that a janitor can celebrate a marriage. The person must be one of the people in Article 7 thus if a couple is married by a janitor. Without judicial declaration of nullity then 2nd marriage will be void under Article 40. 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.

I. 36: A marriage contracted by any party who. Gravity. barkada 3. was psychologically incapacitated to comply with the essential marital obligations of marriage. A No consent Consent can person may actually be efficient in doing other present since be given things such as his profession but with regards to his he does not during lucid married life it can be different. delivery of presumptive legitimes. to be able to remarry. clearly explained by the decision. Incurability 6. Proven to be existing at the time of the celebration 24 . Root cause must be medically or clinically identified. cured Not defined and thus left on a court-to-court basis. Indulgence of private Jurisprudential Guidelines (CA v. Senseless and protracted refusal to have Must be characterized by: intercourse 1. Maria) Art. and love 4. Alcohol/substance abuse belongs to the plaintiff.: True inability to commit oneself to the essentials of 1. shall likewise be void even if such incapacity becomes manifest only after its solemnization. Extreme immaturity 2. Psychological incapacity to comply with the essential marital P.) personality disorders 2. Sta. community of life children.Persons and Family Relations 2009 (Atty.I. sufficiently proven by experts. education of offspring. Burden of proof to show the nullity of marriage 8. Molina): fantasy 1. know the true interval Not just stubborn refusal but attributed to meaning of psychological causes (not necessarily insane) marriage Lacking in the exercise of the judgment not lack of judgment PROOF to show P. Observe of duties (living marriage – psychosexual disorders or other together. etc. Transvestism 7. must be psychological not physical. Juridical antecedence – rooted in history of the party to ones other family or and may manifest after the marriage. Obligation of parents to procreation. Insanity obligation of marriage at the time of marriage. 9. etc. VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must undertake the liquidation. alleged in the complaint. Procreation Inability to commit to the essentials of marriage – 3. at the time of the celebration. 3. Unreasonable attachment 2. partition and distribution of their properties.grave or serious 5. even if it Cannot be Can be cured becomes manifest after the solemnization of the marriage.

38: The following marriages shall be void from the beginning for reasons of public policy (1) Between collateral blood relatives whether legitimate or illegitimate. Brings about confusion of rights and duties 3.Persons and Family Relations 2009 (Atty. up to the fourth civil degree. whether of the full or half blood. whether relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree. Case Law: In Re: Simms Estate Because of specification in brothers and sisters and no specification with uncles and nieces. (3) Between parents-in-law and children-in-law. 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 obligations shall be paid from community property. To guide one towards the creation of new nuclear family 6. Interpretations in National Appellate Matrimonial tribunal of Catholic Church though not binding are persuasive Reasons to Condemn Incestuous Marriages: * The relationship being legitimate 1. income or fruits of separate property. and fidelity. Maria) of the marriage Must be incurable (may be absolute or relative to the given spouse) 5. marriage between uncles and nieces are not prohibited Unlike ruling in Audley where it deemed it was unnecessary Marriage between uncles and nieces who are half-blood is valid due to the presumption in favor of marriage. (May destroy the peacefulness in family relations)  Stepbrother and stepsister can marry each other since not included in the prohibition. *In the event that the marriage is annulled or nullified or in the event that the marriage is terminated 4. observe mutual love. against public policy) COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. Brings about confusion with status Simulates blood relations although legal fiction (bond created by law. Art. (9) Between parties where one. (5) Between the surviving spouse of the adopting parent and the adopted child. or separate property. (2) Between step-parents and step-children. respect. (6) Between the surviving spouse of the adopted child and the adopter. 37 but to a lesser degree. 25 . (8) Between adopted children of the same adopter. and (2) Between brothers and sisters. Article 71: management of household shall be right and duty of both spouses. 37: Marriages between the following are incestuous and void from the beginning. RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity prohibited in the Family Code are marriages between stepparents and stepchildren and parents-in-law and children-in-law. with the intention to 3 Article 68: husband and wife are obliged to live together. Control sex rivalries within families 5. 225 with regards to parents and children. Sta. COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not provide that marriages between collateral blood relatives by the half-blood are prohibited. Must be grave 6. Essential marriage obligations are those embraced in articles 68 to 713 and Articles 220. and render mutual help and support. 7. (4) Between the adopting parent and the adopted child. (7) Between an adopted child and a legitimate child of the adopter. Deficient and degenerate offspring 4. 221. Abhorrent to nature or illegitimate is immaterial 2. Art.

killed that other person's spouse. But if the marriage was terminated after the finality of a nullity or terminated after the finality of a nullity or annulment decree then they can get married) annulment decree then they can get married) Legitimate children of adopter Other adopted children of the adopter Who can they marry: Adopter Children of adopted Natural parent Other relatives Spouse of adopted if alive and not married to adopted Adopted Parents of adopter Illegitimate child of the adopter Other relatives Spouse of adopter if alive and not married to adopter INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to marry the other person. by death affinity is terminated and thus those that were prohibited due to affinity can now marry each other. A kills C because C stole from A. Then A later on marries B. Sta. Maria) marry the other. or his or her own spouse. B was married to C. But it can still be collaterally attacked by any interested party in any proceeding where the 26 . Such a marriage is valid. Only husband and wife can file a court case declaring the marriage void. Art. 39: The action or defense for the declaration of absolute nullity of a marriage shall not prescribe - Time to file an action for declaration of nullity of 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. Unless there are living issues (children) in whom the blood of the parties continue to commingle. But if the marriage was due to death. ADOPTIVE RELATIONSHIP: Who they cannot marry: Adopter Adopted The adopted The adopter The surviving spouse of the adopted The surviving spouse of adopter (Envisions that the marriage was terminated (Envisions that the marriage was terminated due to death. Ex. *No criminal conviction is necessary mere preponderance of evidence is required to prove the killing. A wanted to marry B.Persons and Family Relations 2009 (Atty. if not then not considered against public policy.

Art. * The subsequent marriage is not considered bigamous since the first marriage is not valid. 41: A marriage contracted by any person during subsistence of a previous marriage shall be null and void. 53: Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article. partition and distribution of the properties without which the marriage will likewise be void. - Art. If the first or the second marriage is void then there can be no bigamy. 40: The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. Exception to 42: if the affidavit is fraudulent then it is ineffectual.Applies to Article 40. *Without article 40 one cannot perform Article 52. BIGAMY: Committed by any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved or before the absent spouse has been declared presumptively dead by judgment. A judicial declaration of marriage is the only acceptable proof so that a party can contract a subsequent valid marriage. unless before the celebration of the subsequent marriage. .Persons and Family Relations 2009 (Atty. Sta. Any interested party can file for the affidavit of reappearance. 41 are legitimate even if one of the contracting parties is in bad faith. Articles 52 and 53 which has to do with the liquidation.Marriage becomes void not because of bigamy but because of certain impositions in law that must be done before contacting a second marriage. an absence of only two years shall be sufficient. Such notice will be filed in the civil registry of the residence of the parties in subsequent marriage. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee. - In relation to: Art. Article 41 and voidable marriages. the same shall not affect third persons. 52: The judgment of annulment or of absolute nullity of the marriage. 27 . otherwise. STATUS OF CHILDREN: Children conceived during the subsequent marriage contemplated in Art. Maria) Art. the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property.ONLY CASE WHERE MARRIAGE IS TERMINATED EXTRAJUDICIALLY. 43: The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects (1) The children of the subsequent marriage conceived determination of the validity of marriage is necessary to give rise to certain rights. In connection with it. . Bigamy envisions 2 valid marriages. the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. Exception: Prior spouse has been absent for 4 consecutive years and there is a well founded belief (must exercise due diligence to ascertain whereabouts or if she is dead or alive) that absent spouse is dead (2 years will suffice if there was danger of death) *Donation made between persons who are guilty of adultery or concubinage at the time of the donation is void. A declaration of presumptive death is needed for the absentee in order to contact a new marriage. Article 42: The subsequent marriage made will become void with the recording of the affidavit of reappearance of the subsequent spouse. Without it the subsequent marriage will be considered void. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code. without prejudice to the effect of reappearance of the absent spouse. otherwise. Art. the subsequent marriage shall be null and void. and give them due notice. In a bigamous marriage the first subsisting marriage is valid.

age or over but below twenty-one. Sta. the spouses shall divide the net profits of the property equally or in accordance with the stipulated sharing. in that order. DESIGNATION AS BENEFICIARY IN INSURANCE POLICY: The innocent spouse has the choice of revoking the beneficiary in an insurance policy even if the policy is irrevocable. (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy. the children of the guilty spouse by a previous marriage or in default of children. EFFECT OF TERMINATION ON THE PROPERTY REGIME: The property regime shall be dissolved and liquidated. VOIDABLE MARRIAGES: valid up to the point when they are annulled. the donation by reason of marriage is terminated by operation of law. unless after 28 .The parents of the child can annul the marriage at Party to file suit: Parent or guardian before the child 1. if there are none. These are the only grounds. 44: If both spouses of the subsequent marriage acted in bad faith. even if such designation be stipulated as irrevocable. if none the children of the guilty spouse by a previous marriage. as the case may be. Art. (Should inform the insurance company) DISQUALIFICATION AS TO INHERITANCE: The spouse who acted in bad faith shall be disqualified to inherit from the innocent spouse. The marriage shall be considered void only if both spouses in the subsequent marriage are in bad faith. and the marriage was solemnized without the consent of the parents. within 5 years after reaching 21. If a spouse acted in bad faith. his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or. If both are in bad faith neither can recover what they have given. Maria) prior to its termination shall be considered legitimate. if none to the innocent spouse. such donations made to said donee are revoked by operation of law. said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law.Persons and Family Relations 2009 (Atty. Article Annotation Exception/ Filing: Article 45: Must exist at the time of marriage . After the payment of all debts. the donation shall be valid. If the donee acted in bad faith in contracting the marriage.) DONATIONS BY REASON OF MARRIAGE: If both parties are in good faith. That the party in whose behalf it is sought to any time prior to the time the child reaches the age reaches 21 and the party who did not obtain consent have the marriage annulled was eighteen years of of 21. shall be dissolved and liquidated. which can be considered for annulment (exclusive). (3) Donations by reason of marriage shall remain valid. authority over the party. The good faith of the spouse must be present up to the time of the celebration of the subsequent marriage. but if either spouse contracted said marriage in bad faith. (2) The absolute community of property or the conjugal partnership. If both spouses are in bad faith according to Article 44 the marriage is void and the parties cannot inherit. and (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. Ratification: Through cohabitation after reaching the guardian or person having substitute parental age of 21 years old. the innocent spouse. the guilty spouse shall not get his share in the net profits (his/her share will be forfeited in favor of the common children. except that if the donee contracted the marriage in bad faith.

2. if the woman truly believed she was not pregnant when she was the marriage cannot be annulled. Thus. unless such party after coming to reason. PREVIOUS CONVICTION: No need for investigation on the part of the party but there must be a final judgment. Maria) attaining the age of twenty-one. and insane spouse before the death of either party.Persons and Family Relations 2009 (Atty. CONCEALMENT OF GENDER PREFERENCE: considers the effect on the injured spouse in performing his/her marital duties. That the consent of either party was obtained by fraud. CONCEALMENT OF ADDICTIONS: No exact meaning but has been defined as persistent habit of becoming intoxicated. That either party was of unsound mind. freely cohabited with the other as husband and wife 3. CONCEALMENT OF PREGNANCY: Concealment must be done in bad faith. Concealment of drug addiction. Concealment of the wife of the fact that she was pregnant at the time of marriage by another man. Sta. Does not nurture a natural and wholesome family. Exception to 46(2): If the woman was unchaste and the man knew of her unchaste character. such party freely cohabited with the other and both lived together as husband and wife 2. relative or guardian of insane at any time before the death of either party. habitual alcoholism. irresistible habit. the fact that it was concealed was enough. CONCEALMENT OF STD: Nature or gravity is irrelevant. health. with full knowledge of the facts constituting the fraud. or homosexuality or lesbianism existing at the time of the marriage. 4. freely cohabited with the other as husband and wife Article 46: Fraud: existing at time of marriage 1. Party to file suit: Sane spouse without knowledge before the death of either party. *No other misrepresentations will be acceptable to constitute fraud to annul a marriage. Ratification: Through cohabitation by the person with the unsound mind after he has come to reason *Once ratified the marriage will be valid and no longer annullable even if the insanity comes back.Must be clear that illness is serious that cannot understand marriage contract at the time of the marriage. Party to file suit: Injured party within 5 years after the discovery of fraud 29 . *Does not need to get drunk all the time. . 3. * If the spouse knew that the spouse was insane prior to the celebration of the marriage she cannot annul the marriage. Concealment of STD regardless of its nature existing at the time of the marriage. etc. Misrepresentation that she was pregnant to induce the man to marry her when she was in fact not pregnant is not considered for annulment. unless such party afterwards. Exception to 46(2): If woman did not inform the man but pregnancy was apparent. Mental fitness. Non-disclosure of previous conviction by final judgment of a crime involving moral turpitude. the habit of becoming periodically drunk and being unable to resist when the opportunity arises.

. Maria) 4. the Court shall provide for the support of the spouses and the No ratification by cohabitation - - - The state will ensure the prevention of collusion between the parties (who may make up a ground to annul the marriage) and to ensure that the evidence is not fabricated No judgment shall be based on a confession and a stipulation of facts only.Can originate from a psychological problem. .Permanent inability on the part of one of the spouses to perform the complete act of sexual intercourse (must be incurable). While trial is on going the support of the spouses and custody of the children shall be governed by whatever agreement the parties have made. Sta. if the marriage is deemed to be void then the one who got support should return it with legal interest to the person who furnished support since such person was not entitled to the 30 .Intimidation is when there is a reasonable and well-rounded fear of an imminent and grave evil upon his person or property. Party to file the suit: Within 5 years after the marriage ceremony NO RATIFICATION by cohabitation Rule of triennial cohabitation: presumption of impotence arises when wife remains a virgin after 3 years from the time of marriage. That the consent of either party was obtained by force. 5. That either party was physically incapable of consummating the marriage with the other. . 49: During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses. the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed In the cases referred to in the preceding paragraph. Party to file the suit: Injured party within 5 years from the time the force. . such party thereafter freely cohabited with the other as husband and wife. Ratification: Cohabitation after the cause of the vitiated consent ceases.May be caused both by husband and wife. If none then they shall * In nullity cases. 6.Persons and Family Relations 2009 (Atty. That either party was afflicted with a sexuallytransmissible disease found to be serious and appears to be incurable Art. unless the same having disappeared or ceased. Organs for conception not necessary because there is still passion.Violence here may be physical or moral. no judgment shall be based upon a stipulation of facts or confession of judgment Art. intimidation or undue influence. intimidation or undue influence disappeared or ceased. which affects the physical.Must exist at the time of the marriage. Exception: Sterility is not considered impotency because he can still engage in sexual coition. 48: In all cases of annulment or declaration of absolute nullity of marriage. . and such incapacity continues and appears to be incurable Ratification: Cohabitation after the innocent spouse has full knowledge of the facts constituting the fraud .

) . 148 (properties acquired through joint contributions only and divided in proportion to their contributions) Presumptive Legitime: Part of the property of the testator. In the partition. It shall also provide for appropriate visitation rights of the other parent.In all other cases of a void marriage the property regime will be governed by Art. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. (3). and the delivery of third presumptive legitimes. had already provided for such matters. their child C will inherit a legitime from A’s properties. Sta. support there being no marriage. The decree of annulment or nullity of marriage provides for the delivery of the presumptive legitimes this is in order to protect the legitime of the children from subsequent marriage. inheritance) Article 44: Both spouses of the subsequent marriage are in bad faith the marriage shall be void Article 40: Final judgment declaring a marriage was void for a subsequent marriage. (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. 50: The effects provided for by paragraphs (2).Persons and Family Relations 2009 (Atty. 51: In said partition. Article 43: effects of termination of subsequent marriage (liquidation. Ex. shall be adjudicated in accordance with the provisions of Articles 102 and 129. The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. the custody and support of the common children. The court may however make the necessary adjustments in case the agreement is inadequate. disposition. which cannot be disposed of because the law has reserved it for certain compulsory heirs. In this case there is no death thus the legitime is presumed (what A’s properties would be if he died at this time) and that is what is given to C. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. by mutual agreement judicially approved. *The judgment and decree of nullity or annulment will become final upon the expiration of 15 days from the receipt of the parties of the decision. Art.  In the event that the either or both parents die later on the presumptive legitime given * The children or the guardian may seek the enforcement for the delivery of the presumptive legitime. the value of the presumptive legitimes of all common children. shall be delivered in cash. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate be supported from the absolute community of property or conjugal partnership of gains. donation. unless the parties. partition and distribution of the properties of the spouses. the conjugal dwelling and the lot on which it is situated. Maria) custody and support of their common children. computed as of the date of the final judgment of the trial court. (Thus any marriage prior to the 15 days may be considered bigamous since the marriage is still subsisting at that time. unless such matters had been adjudicated in previous judicial proceedings. 147 (wages and salaries owned by them in equal shares property governed by co-ownership) Art. If A husband of B dies. insurance. The final judgment in such cases shall provide for the liquidation. Art. property or sound securities. 31 .

Persons and Family Relations 2009 (Atty.The children here may or may not be * Other forms of corruption can fall under grave 32 .Generally. Maria) successional rights of the children accruing upon the death of either of both of the parents. Physical violence or moral pressure to compel . However if it is not when the respondent-spouse inflicts violence on conduct directed against the petitioner. sexual infidelity). Art. cause to suspend or terminate parental authority. and even one-night stands (level of intimacy). Men can file on behalf of children. Use of offensive and abusive language with intent and fixed purpose of causing unhappiness. Attempt of respondent to corrupt or induce the . 231 (1): Parental authority can be suspended Grossly abusive conduct need not be repeated but when the parent treats the child with excessive more of a serious act: rely on proportionality and harshness or cruelty abusive conduct to what was committed. etc. Continued indifference or aversion to spouse and persistent neglect of duties incident to marital relation. Art. girlfriends. Repeated physical violence or grossly abusive severity but by the frequency. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary. Article 55: Happens after marriage ceremony Physical violence here is measured not by the * Does not include a ground for legal separation 1. (Exclusive list) Violence Against Women and Children (VAWC RA 9262): includes spouse. 54: Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. . 40. or a child of the petitioner considered as grossly abusive conduct. children conceived and born outside a valid marriage or inside a void marriage are illegitimate except those coming from a marriage void due to psychological incapacity and those due to lack of judicial decree of nullity or liquidation or dissolution of property. 3. Other acts of corruption. is considered an advance on their legitime and are just given the remaining balance due them. merely a separation of bed and board. a common repeated or is not physical violence it may be his/her own child from a previous marriage but may child. the presumptive legitime is not delivered. 2.The children included in VAWC are those under the care of the women even those of the respondent’s child from a previous marriage. even psychological violence (bigamy. but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime. 36 or 53 child will be illegitimate (the subsequent void marriage even under these articles will not legitimate them) LEGAL SEPARATION: Does not affect the marital status of the couple. Included as part of VAWC such as corruption (#3) included as violence. Sta.There should be unity in the family and thus the *Enforce human rights through acceptance of the the petitioner to change religious or political couple should learn to live with each other’s political other’s right affiliation ideas. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. . which do not fall under prostitution. * If the child is conceived prior to the marriage and the marriage is terminated under Art.  In void marriages other than that provided for in Art.

Considered as a form of cruelty or mental anguish . Attempt by the respondent against the life of the . returning.May be expressed or implied forgiveness Exception: if after the 33 . Maria) petitioner. It can be against anyone. even if pardoned 5. . Lesbianism or homosexuality of respondent 7.There is no cause of action when the child involved is that of the respondent from another marriage. . Drug addiction or habitual alcoholism of the respondent 6. to engage in prostitution. the other spouse can be delicto disinherited even if there is no legal separation case filed) 10. abuse of conduct *Whether the marriage was done in the Philippines or abroad is immaterial. considered abandonment. For purposes of this Article. . Sta. the term "child" shall *There must be a wrongful intent to desert. or a child of the petitioner. as those in annulment cases but such grounds may exist even after the marriage ceremony unlike annulment.Must come from an evil design or unlawful cause Exception: when it is for self-defense (or some petitioner . 8. or connivance in such corruption or inducement 4. a mere attempt is enough the respondent need not be successful at the corruption or inducement. Respondent contracts a subsequent bigamous marriage emancipated. .The extent and nature of such is the same.The fact that the crime had been pardoned doesn’t matter as long as there is a final judgment. a common child. Article 56: Denial of legal separation if they fall on the following grounds 1. separation.No need for any criminal conviction. Sexual infidelity or perversion . . . include a child by nature or by adoption continued for the statutory period.The crime need not be against the other spouse. Where the aggrieved party has condoned the offense or act .Persons and Family Relations 2009 (Atty. Final judgment sentencing the respondent to imprisonment of more than six years. 9.The corrupt act here refers to prostitution only. other justifiable reason) preponderance of evidence is enough.Sexual perversion can be done to ones own wife.Must engage in homosexual acts .Other acts of sexual infidelity short of concubinage Exception: If the wife condones sexual perversion and adultery are enough as long as they constitute with her husband then it cannot be a ground for legal a clear betrayal of trust. .Illegally contracting a marriage despite full knowledge that the first marriage still validly exists or without obtaining a judicial declaration of presumptive death. (If there is a Exception: Spouse caught the other in flagrante criminal conviction. Abandonment of petitioner by respondent Willfully left the dwelling without intention of *If there is an unjustifiable for leaving then it is not without justifiable cause for more than one year.

.Persons and Family Relations 2009 (Atty.Where one of the parties employed a 3rd party to induce the other spouse to commit the offense to give grounds. the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. Sta.The act need not actually happen . Maria) complained of . .Where the spouses agree that one spouse will commit the offense to give grounds for legal separation.An action for legal separation must be filed within 5 years from the occurrence of the cause. Art. Where there is collusion between the parties to obtain decree of legal separation 6.From the time the act occurred not the discovery of the cause of action. *Other incidents may be heard during the 6-month period such as support and custody. 57: An action for legal separation shall be filed within five years from the time of the occurrence of the cause *Failure to observe the 6-month cooling off period is a ground to set aside a decision granting legal separation. Where the aggrieved party has consented to the commission of the offense or act complained of 3. . . . They cannot be forced to live together.The defendant is required to answer the petition 15 days from the date of the receipt of the complaint. 4.Corrupt consenting . In any case. Where both parties have given ground for legal separation 5. 2.When two persons acted in bad faith. Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation Either spouse agreed or did not object to the offense BEFORE it was committed. . Even if the party answers the fiscal is still mandated to make sure there is no collusion condonation the guilty spouse repeats the offense then can still file for legal separation. However whether or not the defendant files an answer or not there should be no hearing on the merits by the court until after a 6-month cooling-off period is terminated. 60: No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment.Not looking for an erring wife after she commits an offense does not mean forgiveness.Corrupt agreement . Where the action is barred by prescription Art. 58: An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition Art. . that reconciliation is highly improbable. despite such efforts. * However even if there is no trial the couple may choose not to live together. they should be considered as having acted in good faith. * If the case is vehemently opposed and contested and it is clear that the litigation is a noholds barred contest and not collusion the non-intervention of the prosecuting attorney is not 34 .In collusion the couple makes it appear that there is a ground for legal separation but actually there is none. Art. - - If the defending party fails to answer he or she cannot be defaulted and the court shall order the prosecuting attorney to investigate whether there is collusion or not between the parties. . 59: No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied.The court must try to salvage the marriage by taking steps towards reconciliation.

even if such designation be stipulated as irrevocable. They are still married to each other. The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership.The innocent spouse shall generally have custody of the children however the major consideration is always the paramount interest of the children. 2. the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children. * The revocation of or change in the designation of insurance beneficiary shall take effect after written notification to the insurer not the insured since it makes more sense however the law states notification should fatal to the validity of the proceedings. the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse. Art. but the marriage bonds shall not be severed. Art. . and 4. the offending spouse shall have no share or right to the profits earned and shall be forfeited in favor of the common children if none the children of the guilty spouse if none then to the innocent spouse. Sta. Maria) and that the evidence is genuine. The revocation of or change in the designation of the - In the absence of a written agreement between the spouses.The offending spouse shall be disqualified from inheriting form the innocent spouse by intestate succession furthermore provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. The spouses shall be entitled to live separately from each other. provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. 49: During the pendency of the action and in the absence of a written agreement. * Death of the plaintiff before the final decree in an action for legal separation terminates the case. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located.The property shall be liquidated. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. . in the absence of a written agreement between the spouses. 64: After the finality of the decree of legal separation. . Moreover. 62: During the pendency of the action for legal separation. subject to the provisions of Article 213 of this Code. The law gives the option to innocent party whether to revoke or not the donation of the guilty party in an insurance. 61: After the filing of the petition for legal separation. shall designate either of them or a third person to administer the absolute community or conjugal partnership property. Alienations. Art. 3. liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation must be made within 5 years from the time the decree of legal separation has become final. the court will provide for the support and custody. which shall be forfeited in accordance with the provisions of Article 43(2). the spouses shall be entitled to live separately from each other The court. as well as the designation of the latter as beneficiary in any insurance policy. Art. . * No children below 7 years old shall be separated from the mother unless the court finds compelling reasons to order otherwise (Tender Years Doctrine) 35 . Art. the court shall designate who shall administer the properties (it can be a third person). The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.Persons and Family Relations 2009 (Atty. The custody of the minor children shall be awarded to the innocent spouse.Though the spouses are entitled to live separately the marriage bond shall not be severed. 63: The decree of legal separation shall have the following effects: 1.

If creditors are notified but they don’t file they cannot get from the properties that will be placed in co-ownership in the revival. 65: If the spouses should reconcile. The names of all their known creditors. Art. - * The creditors should be informed of the changes with regard to the property etc. take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties. Those to be retained as separated properties of each spouse. unless the spouses agree to revive their former property regime.Persons and Family Relations 2009 (Atty. with copies of both furnished to the creditors named therein. 67: The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify: 1. If creditors are not notified but there are separate properties they can’t get from coowned properties. 36 . 3. Art. Art. if the decree has been issued then it shall be set aside. 4. but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist. Generally the law provides that one can only fix the property regime before the marriage celebration but the rules now set forth that the adoption of another property regime can be made aside from that which they had previously existing during their marriage. Separation of properties will still subsist. in its order. unless the debtorspouse has sufficient separate properties to satisfy the creditor's claim. and 2. but the parties can enter into an agreement to revive the prior property regime. and 3. If creditors are not notified then they can collect from properties co-owned. 66: The reconciliation referred to in the preceding Articles shall have the following consequences: 1. The legal separation proceedings. The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified. their addresses and the amounts owing to each. After due hearing. Sta. be given to the insured thus that should be followed. The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation. 2. a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. The court's order containing the foregoing shall be recorded in the proper civil registries. if still pending. If the case is still pending then it shall be terminated. The properties to be contributed anew to the restored regime 2. The final decree of legal separation shall be set aside. If creditors are notified they should file opposition on properties if they have debts that should be paid by either spouse. EFFECT OF REVIVAL: 1. shall thereby be terminated at whatever stage. Maria) insurance beneficiary shall take effect upon written 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. the court shall.

Maria) RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE Art. observe mutual love. Woman has certain rights and liberties. Any person who inserts penis into oral or anal orifice. prove the intent of husband is for solidarity of family. Procreation is also an essential marital obligation. which separate her from the man. 69: The husband and wife shall fix the family The domicile of natural persons is the domicile. apply if the same is not compatible with the The spouse not living in the domicile must solidarity of the family. respect and fidelity. Man and woman become 1 so man cannot rape himself 2. A court cannot compel the spouses to live together. BEFORE: Matrimonial exemption from rape 1. RAPE: 1. 37 . Marriage contract means wife consents to all and any sexual intercourse with husband. Committed by a man against a woman who shall have carnal knowledge of her through force. Sta. such exemption shall not decide. Art. 2. intimidation or threat. where decide. In absence thereof income of fruits of the thereof. REBUT: 1. Art. respect and fidelity.Persons and Family Relations 2009 (Atty. In case of insufficiency or absence of 3. Any person who inserts any foreign object into genital or anal orifice (rape can be committed against a man) 4. From the community property from the community property and. based on their whims and caprices and render mutual help and support. 70: The spouses are jointly responsible for the EXPENSES FOR SUPPORT AND OTHER support of the family. The expenses for such CONJUGAL OBLIGATIONS: support and other conjugal obligations shall be paid 1. when she is deprived of reason or consciousness. parties intend to have their permanent The court may exempt one spouse from living with residence. the other if the latter should live abroad or there are In case of disagreement between the other valid and compelling reasons for the husband and the wife the court shall exemption. from the income or fruits of their separate separate properties properties. 3. the court shall place of their habitual residence. 2. machinations or grave abuse of authority. observe mutual love. in the absence 2. 68: The husband and wife are obliged to live Reason: So couples wont abandon each other together. If insufficient or absent from the separate said income or fruits.  A husband can be liable for raping his wife however the subsequent forgiveness by the wife to the offended party shall extinguish the criminal action. such obligations shall be properties themselves. * Remedy if other spouse is not living with you: seek relief from court so that you do not have to give him support. Even if none of the circumstances are present if woman is below 12 or demented. In case of disagreement. Absolute consent is not sound since marriage itself is revocable. However.

serious. In case of disagreement. business or activity without the consent of the other. 3. the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent. the aggrieved party may apply to the court for relief. Art. separation of property to become sole administrator of property. If the benefit accrued prior to the objection. 72: When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger. In the event that one of the spouses neglects his or her duties or commits acts that endanger or dishonor the family the aggrieved party may apply to the court for relief. - Exceptions: For the separate properties to be liable the other spouse must have no knowledge of the immoral activity and therefore could not give an objection even if benefit accrues to the family. Legal separation 2. If it is an isolated activity—contract— without consent of other spouse. Obligations incurred before or after the marriage but redounding to the benefit of the family shall be charged to the conjugal properties 2. Petition for receivership judicial. and moral grounds. dishonor or injury to the other or to the family. Benefit has occurred to the family prior to the objection or thereafter. The objection must be all valid. If the benefit accrued prior to the objection. the conjugal spouse can’t be liable GENERAL RULE: 1. Shall be the right and duty of both spouses regardless of what the property regime is. despite objection (before or after) it will still go to family. Art. Maria) satisfied from the separate properties. Spouse’s job redounds to the benefit of the family thus obligations can be satisfied from the conjugal property. 71: The management of the household shall be the right and the duty of both spouses. 73: Either spouse may exercise any legitimate profession.Persons and Family Relations 2009 (Atty. serious. Art. Sta. occupation. Psychological incapacity 3. the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent. 38 . FORMS OF RELIEF: 1. VAWC: If husband prevents you from doing a right then punishable by law. Based on presumption. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. The expenses for such management shall be paid in accordance with the provisions of Article 70. Exception liability against separate property: If the creditor did not know of the immoral activity or thought it was to be used for a legitimate business. the court shall decide whether or not: 1. and on moral grounds at the same time. The objection is proper. creditor can collect from conjugal properties. and 2. The latter may object only on valid.

If the mortgage was not registered the new spouse will not be liable but the mortgage will be impaired and the debtor spouse will loose the right to make use of the period.If a marriage settlement is absent or property regime agreed upon is void. By the local custom. complete separation of property. 77: The marriage settlements and any modification thereof shall be in writing. If the mortgage was registered then the new spouse’s property will also be liable. then the absolute community of property will prevail.Persons and Family Relations 2009 (Atty. signed by the parties and executed before the celebration of the marriage. Absolute community of property will govern. the system of absolute community of property as established in this Code shall govern. Art. 2. If redounded to benefit of family can get from co-owned even if not registered. they must exercise good faith in contracting the marriage settlement. legally binding and obligatory. 39 . . can get from co-owned 3. Maria) PROPERTY RELATIONS Art. By the provisions of this Code. Marriage Settlements: must be in writing signed by the parties. If there is no marriage settlement agreed upon or if the same is void. and 3. agree upon the regime of absolute community. 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. 75: The future spouses may.  Must give new securities so as not to loose the period. EFFECT OF NO MARRIAGE SETTLEMENT: 1. *Marriage settlement must be fair. creditor can’t get from co-owned 2. Property in marriage settlement is registered did not redound to family. or when the regime agreed upon is void. In the absence of a marriage settlement. EFFECT OF MARRIAGE SETTLEMENT: 1. 2. Sta. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as Exception under Article 66 and 67: Revival or adoption of new property regime when those legally separated have reconciled. or any other regime. conjugal partnership of gains. Exception under Article 128: in case of abandonment of a spouse other spouse can petition for receivership or administration of properties or * If the marriage settlement does not particularize any valid property regime such provision is void and thus the absolute community of property shall prevail. in the marriage settlements. LOCAL CUSTOMS: rule of conduct formed by repetition of acts uniformly observed as a social rule. 74: The property relationship between husband and wife shall be governed in the following order: 1. and made prior to the celebration of the marriage if it is not in writing it shall be unenforceable. Art. Article 76: Modifications in marriage settlement must be made before the celebration of the marriage. If marriage settlement is not registered. By marriage settlements executed before the marriage.

The provisions in a marriage settlement are separable thus if there are provisions which are invalid then only the invalid provisions will be * Donations in marriage settlements are revoked by operation of law. 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. 80: In the absence of a contrary stipulation in a marriage settlement.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. (Oral marriage settlement is VOID) Art. Extrinsic validity: The form of the contract has to follow whatever is the law in the country for changes to be made (change title etc.It is mandatory that a person with civil interdiction must have a guardian appointed by the court to be involved in making the marriage settlement CIVIL INTERDICTION: deprives the offender during the sentence. Art. However. Sta. An 18-year-old person deciding to get married can execute a marriage settlement without obtaining consent. 40 . 78: A minor who according to law may contract marriage may also execute his or her marriage settlements. rights in marriage. it shall be indispensable for the guardian appointed by a competent court to be made a party thereto. and administration of property.Persons and Family Relations 2009 (Atty. 81: Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage. the property relations of the spouses shall be governed by Philippine laws. including donations between the prospective spouses made therein. Art. Maria) in the proper registries of properties. parental rights. . and 3.Now a minor or a person below 18 years old cannot contract to a marriage. subject to the provisions of Title IX of this Code. . . shall be rendered void if the marriage does not take place. 79: For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability.The reason for the marriage settlement is the marriage itself thus if it does not take place the marriage settlement shall not be valid. Where both spouses are aliens. Art. 2. stipulations that do not judicial decree of separation of properties Exception under Article 135: Further grounds for judicial separation of property Exception under Article 136: voluntary and verified petition in court of both spouses to modify regime into separate community of property regime.) . but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement. regardless of the place of the celebration of the marriage and their residence This rule shall not apply: 1.

Procedure--Movable: 1. VOID MARRIAGE SETTLEMENTS ARTICLE 76 Article 76 Article 80 Article 81 Effects on creditors Marriage settlements No marriage settlements: Absolute community of property. Donation cannot be more than 1/5 of the present property of the donee spouse. Exception to impairment of property: if debtor immediately gives new property equally satisfactory or get consent of X to the security or collateral already established. Must be accepted and comply with other. DONATIONS PROPTER NUPTIAS: 1. third parties cannot go after conjugal property If there is no marriage settlement: 1. Must be made in lifetime of donor. Sta. Art. ineffectual while the rest will be enforced. Accepted personally or representative 2. then he does not loose period of loan. Maria) depend upon the celebration of the marriages shall be valid. 3.Only needs to be registered in order to bind third parties. and in favor of one or both of the future spouses.must be in public document 2. Made in favor of the spouses after the celebration of the 41 .Persons and Family Relations 2009 (Atty. A valid marriage settlement must stipulate another regime than Absolute Community of Property (ACP) 2. Exception to third party rule: If indebtedness benefited to the family then can go after community of property. Those made by a person upon who a sentence of civil interdiction is given Those stipulated in marriage settlement or contracts made in consideration of marriage (donations) will be void if marriage does not take place . they cannot donate to each other in their marriage settlements more than one-fifth of their present property. 82: Donations by reason of marriage are those. If property is registered then spouse is bound by mortgage 2. signed and made before the celebration Those that stipulate that neither local custom nor absolute community of property will govern without stipulating any other kind of property regime. which are made before its celebration. If registered. insofar as they are not modified by the following articles. Donation between spouses: 1. Acceptance made in that document or separate 3. Exception: unless a guardian appointed made by a competent court is made party thereto Exception: stipulations that don’t depend on the celebration of the marriage shall remain valid. Donations are to be made prior to the celebration of marriage 2. in consideration of the same. DONATIONS EXCLUDED: 1. 83: These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code. Must be made in favor of 1 or both of the spouses. Those not written. 84: If the future spouses agree upon a regime other than the absolute community of property. Can be made by a third party in the settlement. Any excess shall be considered void. Made in lifetime of donor and donee 3. provided he has enough to support himself and those relying on him. Art. DONATIONS Art. Exception: 1/5 rule will not apply if donation is in a separate deed. If property is not registered then property is impaired and the debtor looses period of loan. Can be orally given as long as with simultaneous delivery or document representing right of donated (if above 5000 then must be in writing) Procedure--Immovable: 1.

after the marriage. 1. Sta. When the marriage takes place without the consent of the parents or guardian. 4. Exception: If the donation is in the marriage settlement it will be revoked by operation of law. 3. 5. Exception: If the marriage is void due to Article 40. Maria) Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. Upon legal separation. Exception: between husband and wife prescription does not run. When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. Marriage is not celebrated or is void ab initio (including art. The donor will still be liable for that. 86: A donation by reason of marriage may be revoked by the donor in the following cases: 1. the donee being the guilty spouse. as required by law. 4. 30 years for immovable) Marriage not celebrated: 5 years from when it was not celebrated 2. the donee shall not be liable for the deficiency. If it is with a resolutory condition and the condition is complied with. Article 85: Donations by reason of marriage of property subject to encumbrances shall be valid. prescribe after 8 years for movable.Persons and Family Relations 2009 (Atty. which shall be governed by Article 81. 2. or Article 44. IN CASE OF ENCUMBRANCE OF PROPERTY: 1. When there is a resolutory cause and the condition has been complied with marriage Executed in favor of the future spouses but not in consideration of marriage Granted to persons other than the spouses even though they may be founded on the marriage. 3. and the donee acted in bad faith. 2. Donee cannot ask for reimbursement from donor if mortgage is foreclosed.If the object of the donation is encumbered it is still valid but the donee’s rights are still subject to the encumbrance. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured. Upon legal separation when donee is the guilty spouse Prescription: . Donee wont be liable for insufficiency of property to creditor. When the marriage is annulled. 42 . Donee can keep excess if property more than satisfies the debt. 2. the donee shall be entitled to the excess. 6. 3. ENCUMBRANCE: Anything that impairs the use or transfer of property (burdened) . and gets the excess if sold for more than amount. . If the property is sold for more than the total amount of said obligation. Marriage takes place without consent of parents Prescription: . If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements. Art. 52-53) Prescription: Marriage is void: 5 years from Judicial Declaration of Nullity (if doesn’t want to give it back. 3.5 years from the time he had knowledge that consent was not obtained.5 years from finality of decree. then automatically revoked Exception: if the ground for legal separation is infidelity in the form of adultery or concubinage it will be automatically void.But wont be liable for deficiency.

Maria) Art. H has a brother B. S dies without any heirs and thus the property goes to W. To common adopted child who has no other compulsory and or legal heirs. Prescription: . between the spouses during the marriage shall be void. What excluded Article 92: 1. Sta. 91: Unless Prescription: 5 years from the happening of the resolutory condition. 88: The absolute What included All properties owned before and after. H is married to W and has a son S. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. H dies and donates to S his property. Acts of ingratitude: . Property Regime Absolute community of property Art.Donee imputes to the donor any criminal offense involving moral turpitude unless it is against the donee . 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.Donee commits an offense against the person or property of the donor. 6.1 year from the time the donor had knowledge of the fact of ingratitude What constitutes a moderate gift depends on the financial capacity of the donor. shares and effects of the absolute community of property during the marriage Void Donations: (considered indirect donations to the spouse) 1. 87it must be shown that the donation was made at a time when they were still living together as husband and wife without the benefit of marriage. To a common child who has no compulsory or legal heirs 3. Validity of donation or transfer cannot be challenged by anyone unless those that will be affected by the donation. direct or indirect. RESERVA TRONCAL: the ascendant who inherits from his descendant any property which the later may have acquired by gratuitous title from another ascendant or sibling is obliged to reserve such property for the benefit of relatives within the 3rd degree and who belong to the same line. or children . Ex.Donee unduly refuses to support donor when he is legally or morally bound to give support. To the parents of the other spouse 4. Support (spouses. except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. Under the last sentence of Art. 89: No waiver of rights. 97: Either spouse may dispose by will of his or her interest in the 43 . After which. To the other spouse’s adopted child 5. 87: Every donation or grant of gratuitous advantage. Charges Article 94: 1. his wife.provided in marriage settlement Notes Art. Art. To a stepchild who has no compulsory or legal heirs 2.Persons and Family Relations 2009 (Atty. common & legitimate children) Liquidation process Termination: Art.

Even beyond age of majority 2. charges) 5. liens. the same shall appear in a public instrument and shall be recorded as provided in Article 77. or with consent of other spouse (even if did not redound) 3. the husband's decision shall prevail. 2. express or implied. Expenses for selfimprovement or profession. the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. After 1 year cannot make encumbrance on property. either spouse may. Death . Spouse shall liquidate property if no judicial settlement proceeding within 1 year. 2. for the commencement of the community regime at any other time shall be void (Default regime if nothing stipulated – exception: subsequent marriage after death will automatically be CSP if there was no proper liquidation of the properties of the previous marriage) Art. Procedure: Article 102: 1. betting. When the waiver takes place upon a judicial separation of property. administrator. In case of disagreement.Property acquired by either spouse who has legitimate descendants and the fruits of that property *Winnings from gambling (losses borne by looser) can be made except in case of judicial separation of property. unless it is proved that it is one of those excluded therefrom. However. 98: Neither spouse may donate any community property without the consent of the other.Property acquired by gratuitous title including the fruits and income UNLESS the guarantor expressly said they will form part of ACP . interests. For illegitimate children. subject to recourse to the court by the wife for proper remedy. Art.Same proceeding as settlement of estate. Debts & obligations made by both. Any stipulation. Reappearance of a spouse presumed dead. 7. or after the marriage has been dissolved or annulled. Judicial separation of property 6. 147 & 148 except if void under Article 40) 5. Art. * No waiver of rights.Must be a valid donation (cant be donation made by one spouse to another) 2. fines for crimes/quasi delict in case of insufficiency. Art. or any other kind of gambling. The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. 95: Whatever may be lost during the marriage in any game of chance. whether permitted or prohibited by community property. Personal and exclusive use of either spouse (except jewelry) . sweepstakes. 90: The provisions on coownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. Expenses for litigation * Solidary liability does not include ante-nuptial debts not redounding. Expenses for community property (taxes. 4. Antenuptial debts redounding to family 8. without the consent of the other. D & O without consent but redounded.Persons and Family Relations 2009 (Atty. Taxes & expenses for preservation during marriage of separate property used by family 6. (Advances) 10. Maria) community of property between spouses shall commence at the precise moment that the marriage is celebrated. Annulled or void (governed by art. liabilities thru crime/delict. Inventory (separate 44 . support of illegitimate. Sta. which must be availed of within five years from the date of the contract implementing such decision. In the event that one spouse is . shares. make moderate donations from the community property for charity or on occasions of family rejoicing or family distress Article 99: 1. and effects without judicial separation or dissolution or annulment of marriage – shall appear in a public instrument (creditors may rescind waiver up to extent of the debt) Art. otherwise provided in this Chapter or in the marriage settlements. 93: Property acquired during the marriage is presumed to belong to the community. Legal separation 4.However if exclusive property is used to purchase something else such property becomes part of ACP 1. 96: The administration and enjoyment of the community property shall belong to both spouses jointly. Donation made by both spouses for children to pursue vocation or selfimprovement 9.

Persons and Family Relations 2009 (Atty. the other spouse any winnings therefrom shall may assume sole powers of form part of the community administration. BUT if wife ratifies contract express or implied cant annul anymore. These powers property. 5. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. In the absence of such authority or consent. shall be borne by the unable to participate in the loser and shall not be administration of the common charged to the community but properties.If the spouse left with a valid cause he or she can still be and community) 2. . 4. D&O of ACP shall be paid out. However. Conjugal dwelling with spouse with most children 45 .If disposition is made without knowledge or consent of other person no prescription. do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. . . * Spouses administer and enjoy property jointly. 3. in case of insufficiency solidarily liable with separate property. 100: The separation in fact between husband and wife shall not affect the regime of absolute community except that: incapacitated or otherwise law. Sta. Husband decision prevails subject to recourse of wife within 5 years from date of contract implementing decision. the disposition or encumbrance shall be void. Maria) ACP SEPARATION IN FACT: Art. Delivery of presumptive legitimates 6. Exclusive prop delivered. Abandonment has to do with total abdication of all marital and parental authority. Net remainder of ACP divided equally unless different proportion in settlement or waiver.Abandonment is different from separation in fact. 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.

Art. Maria) ACP 1. 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. supported from the ACP. 105: In case the A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. 2. The obligations to the family mentioned in the preceding paragraph refer to marital. subject to such precautionary conditions as the court may impose.D&O by admin.support of spouse common and legitimate children 2.Death 2. . 1.Should not only be physical but also financial and moral desertion. Brought into the fruits and income from marriage as his or her their separate own Art. which will redound to the benefit of the family.When the consent of one spouse to any transaction of the other is required by law. both or either Termination: Article 126: 1.Legal Separation 46 . Article 121: 1.The ACP can still be liable for obligations incurred by the separating spouse that may redound to the benefit of the family. the aggrieved spouse may petition the court for receivership. upon proper petition in a summary proceeding. shall not have the right to be supported. judicial authorization shall be obtained in a summary proceeding. The spouse present shall.Persons and Family Relations 2009 (Atty. parental or property relations. 3. Sta. the separate property of both spouses shall be solidarily liable for the support of the family. 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. Conjugal Partnership of Gains: Art.Only the present spouse is given standing by the law to file a petition to encumber or administer the property of the other spouse. 107: The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains. .The spouse who leaves the conjugal home or refuses to live therein.Even the guilty spouse can compel the sale of property. 101: If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family. In the absence of sufficient community property. ABANDONMENT: Implies a departure by one spouse with the avowed intent never to return. for judicial separation of property or for authority to be the sole administrator of the absolute community. without just cause. products.Proceeds. . followed by prolonged absence without just cause. . Article 106: Article 109: .

Persons and Family Relations 2009 (Atty. Sta. Maria)

future spouses agree
in the marriage
settlements that the
regime of conjugal
partnership gains
shall govern their
property relations
during marriage, the
provisions in this
Chapter shall be of
supplementary
application.
The provisions of this
Chapter shall also
apply to conjugal
partnerships of gains
already established
between spouses
before the effectivity
of this Code, without
prejudice to vested
rights already
acquired in
accordance with the
Civil Code or other
laws, as provided in
Article 256.
Presumption is that
all property acquired
during marriage even
if in the name of one
spouse is conjugal
unless otherwise
provided.

properties
- Those acquired by
their efforts or chance
- Income and fruits by
gratuitous title (diff from
ACP)
- Annuity: retirement on
an annuity (received as
a matter of right)
-Pension: service
previously rendered for
which full and adequate
compensation was not
received at the time.
Article 117:
1. Acquired by onerous
title using common
funds.
2. Obtained by labor or
industry or work
3. Fruits, natural,
industrial, or civil due
received during
marriage from common
prop
- Net fruits of exclusive
property
BUT personal damages
are not conjugal.
4. Share in hidden
treasure
5. Fishing and hunting
6. Excess livestock
(those brought in to the
marriage by one will
reimbursed
7. Acquired by chance

2. Acquired by gratuitous
title
- By way of succession
- Honorarium (given in
appreciation for services
rendered)
3. Acquired by right of
redemption, barter,
exchange
- Even if money used to
redeem is conjugal
(reimbursement)
4. Bought with exclusive
money of either spouse.
*Onerous donations
*Designated share in
donation
*Gratuity (amount given
by jobs for previous
work)
Art. 110: The spouses
retain the ownership,
possession,
administration and
enjoyment of their
exclusive properties.
Either spouse may,
during the marriage,
transfer the
administration of his or
her exclusive property to
the other by means of a
public instrument, which
shall be recorded in the
registry of property of the
place the property is
located.

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 exclusively.
- Either spouse can transfer
admin of prop to other spouse
thru public instrument.
Art. 118: Property bought on
installments paid partly from
exclusive funds of either or
both spouses and partly from
conjugal funds belongs to the
buyer or buyers if full
ownership 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 the
partnership or by either or
both spouses shall be
reimbursed by the owner or
owners upon liquidation of
the partnership.
Property bought before but
title registered after
marriage: still considered

spouse with consent of other.
3.D&O without consent of other
but redounding.
4.expenses for conjugal prop
(taxes, liens)
5.taxes and expenses for
preservation of separate
property (no need for use)
6.expenses for spouse for
profession or self-improvement.
7.Antenuptial debts redounding
to family.
8.donation of both for children
for profession or selfimprovement.
9.expenses of litigation between
spouses
Not to be paid by cpg:
Article 122:
-Payment of personal debts
contracted by the husband or
wife before or during the
marriage unless they
redounded to the benefit of the
family.
However, fines and indemnities
imposed support of illegitimate
children can be paid by the
assets AFTER the payment of
obligations provided in Art. 121.
But at the time of liquidation the
spouse who used such funds
will be charged.
If charges are paid, and no
property or insufficient, CPG
pays:
-Fines, debts before the
marriage
-Support of illegitimate

3. Annulled or declared
void.
4.Judicial Separation
Article 127 and 128:
-Provisions on
separation in fact and
abandonment has the
same application as in
ACP article 100 and
101.
Procedure:
Article 129:
1.Inventory of separate
and conjugal prop
2.Payment of advances
3.Reimbursement to the
spouses.
4.D&O paid out by CPG,
insufficiency solidarily
liable.
5.exclusive prop
delivered
6.loss or deterioration of
movables paid from
CPG
7.Net remainder to be
divided (unless MS or
waiver)
8.Delivery of
presumptive legitimes
9.Conjugal dwelling
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

47

Persons and Family Relations 2009 (Atty. Sta. Maria)

exclusive property even if
spouse is made co-owner in
title (considered a trust)
Separate property plus
conjugal funds to buy a
new property: new property
will be considered conjugal.
Property bought on
installment partly from
exclusive and partly from
conjugal: when title was
vested will govern, then
reimburse (Art. 119)
Principal payments and
interest paid to a spouse
during marriage: principal
amt is exclusive while interest
is conjugal.

CPG

Art. 110: The spouses retain the ownership,
possession, administration and enjoyment of their
exclusive properties.

-

CPG

Either spouse may, during the marriage, transfer the
administration of his or her exclusive property to the
other by means of a public instrument, which shall be
recorded in the registry of property of the place the
property is located.
Art. 111: A spouse of age may mortgage, encumber,
alienate or otherwise dispose of his or her exclusive
property, without the consent of the other spouse,

-

-

*Subject to reimbursement
(ACP no need to pay out all
charges first)
Article 120
1.If improvement made by cp is
more than value of the property,
entire property will be conjugal
–reimburse spouse.
2. If amount 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.
Each spouse is to retain ownership, administration,
possession and enjoyment of their exclusive
properties.
Administration includes entering into contracts,
engaging in litigation, and collection of fruits, profits
and income arising from separate property.
The owner spouse can transfer administration of the
property not only to the other spouse but also to any
third person without the consent of the other spouse.

application as in ACP
article 103)
Art. 133: From the
common mass of
property support shall
be given to the surviving
spouse and to the
children during the
liquidation of the
inventoried property and
until what belongs to
them is delivered; but
from this shall be
deducted that amount
received for support
which exceeds the fruits
or rents pertaining to
them.

Art. 111 is no longer necessary, as the age of marriage
is also the age of emancipation.
If the owner-spouse alienates his property the

48

Persons and Family Relations 2009 (Atty. Sta. Maria)

and appear alone in court to litigate with regard to the
same.
-

CPG

Art. 112: The alienation of any exclusive property of
a spouse administered by the other automatically
terminates the administration over such property and
the proceeds of the alienation shall be turned over to
the owner-spouse.
Art. 113: Property donated or left by will to the
spouses, jointly and with designation of determinate
shares, shall pertain to the donee-spouses as his or
her own exclusive property, and in the absence of
designation, share and share alike, without prejudice
to the right of accretion when proper.
Art. 114: If the donations are onerous, the amount of
the charges shall be borne by the exclusive property
of the donee spouse, whenever they have been
advanced by the conjugal partnership of gains.
Art. 115: Retirement benefits, pensions, annuities,
gratuities, usufructs and similar benefits shall be
governed by the rules on gratuitous or onerous
acquisitions as may be proper in each case.

CPG

Art. 124: The administration and enjoyment of the
conjugal partnership shall belong to both spouses
jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court
by the wife for proper 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

administration by the other spouse over such property
will cease and the proceeds will go to the owner.
The owner-spouse cannot revoke a judicially approved
administration by the other spouse of his property by
alienating it. Thus to alienate the property he must get
the consent of the administrator-spouse or court
approval.

The donor may donate whatever he wishes to
whomever he wants. Thus he may donate a piece of
property to both spouses jointly or may specify how
much of the property should go to the husband and
how much should go to the wife.
ACCRETION: addition of property to another property
General rule: in a joint donation one cannot accept
independently of his co-donee unless it is stipulated or unless it
is between husband and wife.
Ex. D donates land to H and W who are married. D donates 1/3
to W and 2/3 to H. If W does not accept the donation it will be
considered added on to the share of the husband. However if it
is a specific designation such as H will get a car and W will get
a horse, accretion will not apply.
- In the case of wills for accretion to take effect, the nature of
the inheritance must be pro indivisio (not divided, the terms ½
or in equal shares does not make it divided).
Any alienation made by either spouse without the
consent of the other is invalid.
In case the husband disposes of property over the
objection of the wife, the wife may file a case to annul
the entire contract or part of it.
-

49

Persons and Family Relations 2009 (Atty. Sta. Maria)

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)

Separation of
property
Art. 134: In the
absence of an
express declaration
in the marriage
settlements, the
separation of
property between
spouses during the
marriage shall not
take place except by
judicial order. Such
judicial separation of
property may either
be voluntary or for
sufficient cause.
(Can be stipulated in
MS which shall
govern and FC will
only be
supplementary in
nature, in the
absence therein it

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.
- They own everything separately but still liable for
family expenses in proportion to their income 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:
1. Civil interdiction
2. 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
4. Abandonment or failure to comply with his or
her obligations
5. Abused power of administration
6. 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.

Article 136: Voluntary Separation
-Spouses may agree on the separation of their properties with
court approval, no reason needed. (But if reason is stated and it
is against public policy the court will reject it)
-Division of property must be equal unless there is a different
proportion agreed in MS or waiver.
-Takes effect after judicial order of decree (not signing of
agreement)
-Creditors will be listed in petition and notified)
-In process, delivery of presumptive legitimes is not necessary.
*Art. 142: Admin of exclusive prop of either spouse may be
transferred by court to other spouse or if not qualified to another
person when:
1.spouse becomes the guardian
2.the other is judicially declared an absentee
3.civil interdiction
4.fugitive from justice, hiding as an accused
Art 143: If the couple wants a regime of separation of property
they have to enter into a valid marriage settlement prior to the
marriage stipulating such regime.
Art. 145: Administration is left with each spouse with regard to
his/her own property without the need for the consent of the
other. Earnings of each shall also belong to each spouse.

Revival:
Article 141:
1.termination of civil
interdiction
2.Absentee reappears
3.court satisfied that
administration will not be
again abused
4.Resumption of
common life with other
spouse
5.parental authority
restored
6.reconciliation of those
separated in fact
7.For those who
voluntarily separated
property, agree to revive
former property regime
(but after that can’t
separate property
anymore)
- Art. 67 revival:
Agreement under oath
will state:

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Persons and Family Relations 2009 (Atty. Conjugal home will be owned equally. Liability of spouses to creditors to family expenses are solidary (they are both liable to the creditor for the whole amount if the creditor seeks it from one of them. under 18.live exclusively with each other as husband and wife 3. bigamous marriage 2. household) 5. innocent party 51 . 146: Both spouses shall bear the family expenses in proportion to their income or their separate property. Art. In the latter case. work or industry. 144: Separation of property may refer to present or future property or both.those to be retained as separate 3.properties to be contributed 2. Art. In the absence of proof to the contrary. properties acquired while they lived together shall be presumed to have been obtained by their joint efforts. 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.names of known creditors Requisites: 1. Salaries and wages shall be owned by equal shares 2. 1. -Can alienate in favor of the other his or her share BUT can’t waive any interest in co-ownership -Void marriage: net share of bad faith is forfeited to: 1. Art. Property acquired through work or industry governed by co-ownership 4. Waiver of common children. the absolute community or the conjugal partnership shall pay for the support of the spouses and their children. 147: When a man and a woman who are capacitated to marry each other.Without benefit of marriage or under a void marriage. non-liquidation of property. a party who did not participate in the 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. absence of formal requisites. Absence of descendants. Fruits of separate property not part of co-ownership 6. without the consent of the other. reappearance of wife. until after the termination of their cohabitation. the provisions on complete separation of property shall apply.Capacitated to marry each other -Not capacitated: incestuous. Structure: 1. the share of the party in bad faith in the Art. Property acquired while they live together will be owned by them in equal shares. -Can’t encumber or dispose of his/her share without consent of the other or after cohabitation. Common children 2. descendants 3. Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common. it wont affect the creditors. against public policy. Such spouse is entitled to reimbursement from the other spouse). Property acquired with exclusive funds is owned by them exclusively 3. (Contribution can be in the form of care and maintenance of family. 138: After dissolution of the absolute community or of the conjugal partnership. *Includes marriages of psychological incapacity. and shall be owned by them in equal shares. Maria) 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 Marriage without unions (governs void marriages) During the pendency of the proceedings for separation of property. live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage. the property not agreed upon as separate shall pertain to the absolute community. * Even if there is an agreement on proportion of sharing etc. Sta. When only one of the parties to a void marriage is in good faith. For purposes of this Article. It may be total or partial.

Common children 2. Art.) 4. In case of default of or waiver by any or all of the common children or their descendants. 53: non-liquidation. the forfeiture shall take place upon termination of the cohabitation. Salaries and wages are separately owned. In the absence of descendants. Contract will be a continuing offer upon acceptance by other spouse or court order. THE FAMILY AS AN INSTITUTION Art. or industry – but cant be mere care and maintenance of family/household). husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the decision. property. Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency . If one of the parties is validly married. If the party who acted in bad faith is not validly married to another. innocent party . being the foundation of the nation. If one of the parties is validly married to another. license. In all cases. that person’s share in the co-ownership will accrue to the marriage. his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. or industry shall be owned by them in common in proportion to their respective contributions. descendants 3. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith Void marriages included: Art. their contributions and corresponding shares are presumed to be equal. Property acquired by the money of one. Requisites: Cohabitation not falling under article 147. his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. The same rule and presumption shall apply to joint deposits of money and evidences of credit. is a - Paramount importance is given to the family as provided 52 . 149: The family. Maria) Marriage without unions (governs void marriages) co-ownership shall be forfeited in favor of their common children. dissolution. if either is married the salaries go to that marriage. each vacant share shall belong to the respective surviving descendants. Absence of descendants.If both are in bad faith they shall be considered as in good faith and their shares shall go to them. Structure: Parties are co-owners of property acquired during cohabitation only upon proof that each of them made an actual contribution. authority of solemnizer. 148: In cases of cohabitation not falling under the preceding Article. Sta.Persons and Family Relations 2009 (Atty. such share shall belong to the innocent party. 44: bad faith of both spouses in a subsequent marriage Art. 2. 1. In the absence of proof to the contrary. only the properties acquired by both of the parties through their actual joint contribution of money. Waiver of common children. Bad faith: net share of bad faith is forfeited to: 1. belongs to that person exclusively 3. (Presumption is that shares over property owned is equal shares but can be rebutted through proof showing otherwise. property.Administration is joint by both spouses. marriage ceremony. Only properties acquired by both of them through joint contribution will be owned by them in common in proportion to what they gave (money. distribution of prop. Those where there is absence of consent. 36: psychological incapacity Art.

- - Any person not included in the enumeration cannot be considered as within the term “family relations.Earnest effort is not required if included in the suit between family members is a stranger not of the same family. The following are excused from criminal liability (only civil liability incurred) for theft. which may not be compromised. Family relations are governed by law and no custom or practice destructive of the family will be recognized. Spouses. and habeas corpus * Exemption from execution is not absolute as it is subject to certain limitation such as indebtedness in certain instances (to be discussed in the next articles) 53 . - - Home is deemed constituted from the time it is actually resided upon and occupied by the family. parents and children during the latter’s minority or insanity. From the time of its constitution and so long as any of its beneficiaries actually resides therein. is the dwelling house where they and their family reside. 3. Consequently. constituted jointly by the husband and the wife or by an unmarried head of a family. 2. forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. deemed constituted by operation of law. earnest efforts must be made to settle the case amicably. Between husband and wife. 150. Brothers and sisters and brothers-in-law and sisters-inlaw if they are living together. and the land on which it is situated.  Exemption is not applicable to strangers participating therein. 151: No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made. 2. the family home continues to be such and is exempt from execution. family relations are governed by law and no custom. the unmarried head of the family. 3. but that the same have failed. Art. The widowed spouse with respect to the property of the deceased BEFORE someone else possesses it. Art. Maria) basic social institution which public policy cherishes and protects. or the occupancy of beneficiaries in a home can be constituted as a family home. the same case must be dismissed. Prescription does not run between husband and wife. and descendents or relatives by affinity in the same line. ascendants.Does not apply to settlement of estate guardianship. The family home is exempt from execution. custody of children.” Before a suit can be filed by people belonging to the same family as provided in Art. . .Persons and Family Relations 2009 (Atty. forced sale or attachment as provided by law The actual occupancy of the beneficiaries in a home may constitute the same as a family home as long as they Exception to earnest efforts: . practice or agreement destructive of the family shall be recognized or given effect.Does not apply to cases. Art. *Earnest efforts meant for civil actions only. There must be the element of permanence (thus a boat on water cannot be considered a family home) Must be constituted by both husband and wife jointly. 152: The family home. or an unmarried person who is the in the 1987 constitution. 154: The beneficiaries of a family home are: 1. No need for judicial or extrajudicial requirement. 150: Family relations include those: 1. Between parents and children. - Art. Sta. and between guardian and ward during the guardianship. whether of the full or half-blood. If it is shown that no such efforts were in fact made. Among brothers and sisters. The husband and wife. This rules shall not apply to cases which may not be the subject of compromise under the Civil Code THE FAMILY HOME Art. 153: The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. swindling or malicious mischief: 1.

3. For purposes of this Article. Nevertheless. Art. mechanics. 156: The family home must be part of the properties of the absolute community or the conjugal partnership. Prior to the family code constitution of a family home was not automatic there was a need to file for such. who are living in the family home and who depend upon the head of the family for legal support Art. Sta. 157: The actual value of the family home shall not exceed. House on another’s property Considered: Property where ownership is reserved to the one making the family home. For nonpayment of taxes. Apartment or house being rented 3.000 in rural) will not be exempt from execution. whether the relationship be legitimate or illegitimate. Not considered: 1. builders. - The whole value of the family home may be used to pay obligations under Art. or such amounts as may hereafter be fixed by law. 2. 3. at the time of its constitution. if the value of the currency changes after the adoption of this Code. ascendants. forced sale or attachment. have the consent of the husband or wife who own the house and lot even if the owners do not reside in them. property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home. Those above the amount stipulated (300. For debts due to laborers. In any event. descendants. 158: The family home may be sold. forced sale or attachment except: 1.Persons and Family Relations 2009 (Atty. All others are deemed to be rural areas. 155: The family home shall be exempt from execution. donated. architects. urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. - The family home must be constituted at a place where there is a fixed and permanent connection with the persons constituting it. For debts incurred prior to the constitution of the family home. 155. Maria) head of a family. Written consent needed for the disposition of the family home: 54 . 200. or of the exclusive properties of either spouse with the latter's consent. If prior to the family code there are certain houses falling under the value of a family home at the time of the constitution of the family code (Aug.000 in urban. the amount of the three hundred thousand pesos in urban areas. and two hundred thousand pesos in rural areas. the value most favorable for the constitution of a family home shall be the basis of evaluation. material men and others who have rendered service or furnished material for the construction of the building. Art. and 2. For debts secured by mortgages on the premises before or after such constitution. and 4. alienated. Boat or vessel 2. 1988) provided for the family home is deemed automatically constituted. Art. brothers and sisters. Their parents. It may also be constituted by an unmarried head of a family on his or her own property.

and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157. the court shall decide Art. which exists between parents and their children. (Idea is to give 300. 160: When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor. Art. and a majority of the beneficiaries of legal age. only one family home. Persons constituting the family home Latter’s spouse Majority of beneficiaries of legal age - Security of the family is the concern of the law thus they provide for a 10 year period despite the death of the person who constituted the family home. and then to the liabilities under the judgment and the costs.000 is given to the owner of the house and the balance to the creditor to satisfy his debt. the same rule and procedure shall apply. 162: The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. shall be delivered to the judgment debtor. 55 . Maria) assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same. no bid below the value allowed for a family home shall be considered. Natural filiation may be legitimate or illegitimate. - Bidders cannot bid below the amount of 300.000 so that the debtor can buy a house) This however does not apply when if the creditor is one of those mentioned in Article 155 (the debt must be satisfied even if nothing is left with the owner). and the heirs cannot partition the same unless the court finds compelling reasons therefor. or by any of the beneficiaries. The excess. 300. . he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. Art. 163: The filiation of children may be by nature or by adoption. Art. PATERNITY AND FILIATION Art. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. This rule shall apply regardless of whoever owns the property or constituted the family home.Paternity and filiation refer to the relationship or tie. or be the beneficiary of. At the execution sale. the latter's spouse. a person may constitute. 1.000 If the house is sold. by the owner or owners of the property. 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. 159: The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary. The proceeds shall be applied first to the amount mentioned in Article 157. Sta. 2. Furthermore the heirs cannot partition the same unless the court finds compelling reasons therefore.Persons and Family Relations 2009 (Atty. In case of conflict. 3. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter. This happens even if the debt is not fully satisfied. if any.

child is still legitimate. Physical incapacity b. 164: Children conceived or born during the marriage of the parents are legitimate. that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. or 3.That it is proved that for biological or other scientific reasons. or (c) serious illness of the husband. Biological or scientific reasons the child could not have been that of the husband (except for artificial insemination)—if for biological reasons offspring could not have been that of the husband like if the child was a different race from the father’s. If the requirements given are not followed and the husband does not impugn the legitimacy of the child on grounds provided by law within the prescriptive period the child will still be considered legitimate. which absolutely prevented sexual intercourse. unless otherwise provided in this Code. Child of artificial insemination is considered legitimate provided that both the husband and wife authorize or ratify such insemination in a written instrument and signed by them before the birth of the child and that it is recorded in the civil registry together with the birth certificate of the child. That in case of children conceived through artificial insemination. the child will not be considered legitimate or illegitimate but that simply the Art. intimidation. (Longest gestation period) 2. the child could not have been that of the husband. Sta. violence or intimidation or undue influence. fraud. fraud. Art. sexual intercourse is presumed to have occurred between the husband and wife within the first 120 days of the 300-day period before the birth of the child. 166: Legitimacy of a child may be impugned only on the following grounds: 1. provided. * In the event that any of the grounds are proven. the written authorization or ratification of either parent was obtained through mistake. Unless: she did not deliver the child herself. Maria) Art. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife. or did not come from her own womb. - Illegitimate children are those conceived and born outside a valid marriage or inside a void marriage. 3. Physically impossible for husband to have sexual intercourse with wife within the first 120 days of the 300 days immediately preceding the birth of child due to: a. That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a) the physical incapacity of the husband to have sexual intercourse with his wife. Living separately: must be living in such a way that sexual intercourse is impossible. Grounds to impugn legitimacy of the child: 1. ARTIFICIAL INSEMINATION: wife is artificially impregnated with the semen of her husband or with the semen of a third person. 165: Children conceived and born outside a valid marriage are illegitimate. 56 . except in the instance provided in the second paragraph of Article 164. or undue influence. *Even if wife impugns legitimacy. violence.When a child is born inside a marriage. Serious illness . (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible. 2. .Vasectomy is not enough proof because there are times when the sperm can re-channel itself and effect fertilization. (Mere remoteness is not sufficient) c. In case of artificial insemination the authorization or ratification was obtained through mistake. only husband and in proper cases the heirs can impugn the legitimacy. 167: The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. The instrument shall be recorded in the civil registry together with the birth certificate of the child. Art.Persons and Family Relations 2009 (Atty.

168: If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage. if he lives abroad 4. any of his heirs. .Persons and Family Relations 2009 (Atty. If the birth of the child has been concealed from or was unknown to the husband or his heirs. Within 3 years. Within 2 years. provided it be born within three hundred days after the termination of the former marriage. prescription will begin from the discovery or knowledge of birth of child or the fact of registration of the birth (whichever is earlier). if there is better proof then such should be accepted. *It is from the knowledge of the child’s birth not the knowledge that it is not his child. in a proper case. all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded. *But either way the child is still legitimate.Presumption is in favor of legitimacy. . IN CASE OF 2 MARRIAGES: If child is born within 180 days after the second marriage and within 300 days after the termination of the first marriage the child shall be considered to have been conceived of the first marriage unless other proof is given. if the husband or. *Even if the birth was concealed. . even though it be born within the three hundred days after the termination of the former marriage. Prescription for impugning the legitimacy of the child 1. 169: The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. the period shall be two years if they should reside in the Philippines. should reside in the city or municipality where the birth took place or was recorded. If the birth of the child has been concealed. 3. Maria) husband and child are not related. A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage.Sexual intercourse is presumed between spouses during their marriage. in his default. these rules shall govern in the absence of proof to the contrary: 1. 2. 170: The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register. In so far as the mother is concerned the child will be considered illegitimate. whichever is earlier. if it was registered and the father did not impugn the child’s legitimacy during the period provided then the child is legitimate. Art. Art. * Merely suppletory. If the husband or. (Cannot impugn since registry is earlier) 57 . If the child is born after 180 days after the second marriage the child shall be considered to have been conceived of the second marriage unless other proof is given. Within one year from the knowledge of the birth or its recording if husband resides in city where birth took place or recorded. A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage. Art. 2. if the husband lives elsewhere in the Philippines.If there is no subsequent marriage after 300 days after the termination of the marriage there is no presumption and thus convincing proof is necessary. 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. Sta. and three years if abroad.

If he should die after the filing of the complaint without having desisted therefrom. 173: The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity.Persons and Family Relations 2009 (Atty. If the husband should die before the expiration of the period fixed for bringing his action. 172: The filiation of legitimate children is established by any of the following: 1. the legitimate filiation shall be proved by: 1. 2. Article 176: Rights of an illegitimate child 1. Any other means allowed by the Rules of Court and special laws. .Open continuous possession means the father treats the child as his own directly and not through others. Sta. . Baptismal certificate 2. 58 . . spontaneously and without concealment  Must be spontaneous and uninterrupted Proofs from rules of court or special law: 1.The heirs are mere substitutes of the husband and cannot file the action if the husband himself failed to file such action despite knowledge of the illegitimacy within the prescribed period. Heirs have five years to institute action Article 175: Illegitimate child -Same as legitimate children except when proof is through open and continuous relationship or other rules of court in which case it may only be brought during the lifetime of the alleged parent. he cannot claim illegitimacy. An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. Exception: if the child is born in a valid marriage though different man. mother surnames . In these cases. Art. Principally only the husband can file a direct action to impugn the legitimacy of the child even if the child is not his.Admission in public or private handwritten document is a complete act of recognition without need for court action  A mere instrument not in the handwriting of the parent or not a public instrument will not qualify. In the absence of the foregoing evidence. If the child was born after the death of the husband. Admission by silence 6. or 2. Testimony of witness Action to claim legitimacy by the child May be brought by the child during his or her lifetime and may be transmitted to heirs if the child dies during minority or in a state of insanity or after it has already been instituted by the child and child dies.The record of birth appearing in the civil registry should have the husband’s signature and such birth certificate signed by the parents is adequate proof of paternity without need for further court action. The man in the marriage must first impugn the legitimacy of the child Article 174: Legitimate children shall have the right: 1. Maria) Art. or 2. The record of birth appearing in the civil register or a final judgment. Judicial admission 3. To bear the surnames of the father and the mother. Family bible 4. Common reputation 5. 171: The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases: 1. PROOF OF FILIATION Art. in conformity with the provisions of the Civil Code on Surnames. the heirs shall have a period of five years within which to institute the action. . The open and continuous possession of the status of a legitimate child. Bear the surname of the mother  Even if paternity is certain. or 3.Legitimacy cannot be collaterally attacked or impugned.

their brothers and sisters. . if father is not living with them he cannot have parental authority. Sta. and in proper cases. their ascendants. Be under the parental authority of the mother. 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. 59 .  If the father acknowledges the child and cohabits. (he will also be vicariously liable for damages caused by the child) Legitime will be ½ of the legitime of a legitimate child Can get support only up to the grandparents. 4.A legitimate child has his or her whole lifetime to file an action to claim his or her legitimacy. 3.Persons and Family Relations 2009 (Atty. unless father admits that is his child and lives with them then surname of father can be used. in conformity with the provisions of this Code on Support. To receive support from their parents. and 3. 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. Maria) 2. To be entitled to the legitimate and other successional rights granted to them by the Civil Code. 5. 172 (claim for his status in not transmissible to his heirs) 2. entitled to support from her  Even if paternity is certain. he will be vested with parental authority.

SUPPORT Art. Everything indispensable for sustenance. Except: the excess beyond required for legal support in a will or contractual support shall be subject to levy or execution. even beyond the age of majority. They get married later on. 181: The legitimation of children who died before the celebration of the marriage shall benefit their descendants. Maria) Art. (Refers basically to inheritance rights but if the creditors are really prejudiced they must show how legitimation affected such —vested rights prior to 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. Legitimated Children (legitimate by operation of law) Requirements: 1. *If there is a legal impediment at the time of conception the remedy is adoption. -     *Shall enjoy same rights as legitimate children. *No need for the acknowledgment of the father unlike the civil code.  Only by those who are prejudiced in their rights within 5 years from the time their cause of action accrues. dwelling. medical attendance. (Contractual 60 . trade or vocation. Art. at the time of the conception of the former. clothing. medical attendance.Persons and Family Relations 2009 (Atty. within five years from the time their cause of action accrues. 194: Support comprises everything indispensable for sustenance.Cannot be made to satisfy any judgment against the recipient. education. Of parents who had no legal impediments to marry at that time the child was conceived and 3. 205: right to give or obtain support shall not be levied upon on attachment or execution. 177: Only children conceived and born outside of wedlock of parents who. 182: Legitimation may be impugned only by those who are prejudiced in their rights. creditors (commercial or property rights) are excluded unless it can be shown that the legitimation affected their rights and they are really prejudiced. Art. Art. shall retroact to their birth. clothing. Children conceived and born outside wedlock 2. (272a) Art. *Legitimation will not affect property rights already vested. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession. were not disqualified by any impediment to marry each other may be legitimated. 180: The effects of legitimation shall retroact to the time of the child's birth. dwelling. 179: Legitimated children shall enjoy the same rights as legitimate children. but if it is a void marriage then illegitimate)  IF the child dies before the celebration of the marriage. In effect gives the children what they should have enjoyed during the lifetime of their father or mother. in keeping with the financial capacity of the family. Sta. it will still benefit their descendants. The annulment of a voidable marriage shall not affect the legitimation. 178: Legitimation shall take place by a subsequent valid marriage between parents. . and transportation (in keeping with the financial capacity of the family) Schooling or training shall be applicable even beyond the age of majority Transportation includes going to and from school and place of work Can be given even beyond the age of majority Art. (The fact that it is a voidable marriage will not affect the legitimation. Exception: those born through adulterous relationship and bigamous marriage cannot be legitimated. education and transportation. Contemplates inheritance or successional rights. Art.

status of the parties should be established first. 2. Sta. descendants. The spouses. and brothers and sisters. 198: During the proceedings for legal separation or for annulment of marriage. descendants (legitimate or illegitimate). insufficiency is enough to make ACP liable and insufficiency plus payment of charges to make CPG liable. Spouses Legitimate ascendant and descendants Parents and their legitimate children and their illegitimate/legitimate grandchildren 4. which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership Art. *IF the legitimate descendants are the common children then ACP and CPG shall be principally charged.       Support for legitimate ascendants. 196: Brothers and sisters not legitimately related. the following are obliged to support each other to the whole extent set forth in the preceding article: 1. Parents and their illegitimate children and their illegitimate/legitimate grandchildren 5. Article 197: In case of legitimate ascendants. except only when the need for support of the brother or sister. Others aren’t obliged to support. shall advance the support.Persons and Family Relations 2009 (Atty. aggrieved cannot be given support is subject to adjustment whenever modification is necessary) *Adopted children only up to parents for support. Brothers and sisters not legitimately related are also obliged to support unless if he/she is of age and is due to claimants fault or negligence no support.A child inside a womb is already considered born thus entitled to all benefits that accrue to him/her provided that the child is born after. whether of the full or half-blood. the spouses and their children shall be supported from the properties of the absolute  Support is never final (no res judicata) can be changed 1. and 5. whether legitimately or illegitimately related. Parents and their legitimate children and the legitimate and illegitimate children of the latter. if financially capable. Support pending litigation generally obtain from ACP or CPG In case of support between husband and wife where validity of marriage is in issue. Legitimate ascendants and descendants. Legitimate brothers and sisters. brothers and sisters (legitimate or illegitimately related) shall be taken from separate property If no separate properties from ACP or CPG (advancement). being of age. They are no longer bound when the child is above the age of majority or due to the negligence. (Prohibition against any compromise of the right to future support) *If relationship between one to be supported and the one to support is in issue. 2. generally from ACP or CPG absence of then from fruits of ACP or CPG insufficiency or absence of from the separate properties themselves. (If this happens can forfeit bond made by guardian parent over property-art. are likewise bound to support each other to the full extent set forth in Article 194. and for declaration of nullity of marriage. Art. *Support can’t be taken from the children’s property unless there was no need or demand from recipient. 225) *After declaration of nullity or annulment no more obligation to support *In legal separation support ceases 61 . is due to a cause imputable to the claimant's fault or negligence. Maria) Transportation shall include expenses in going to and from school. But if it is the illegitimate children. . whether legitimate or illegitimate. 3. the absolute community or the conjugal partnership. Parents and their illegitimate children and the legitimate and illegitimate children of the latter. (If the adopter dies or abandons then the state takes over) *Mandatory and essential cannot be transmitted to a 3rd person nor can it be waived. or to and from place of work. 4. 195: Subject to the provisions of the succeeding articles. 3. For spouses. only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property. Legitimate brothers and sisters whether whole or half blood 6. whether of full or half-blood Art.

the liability shall devolve upon the following persons in the order herein provided: 1. in case of urgent need and by special circumstances. the payment of the same shall be divided between them in proportion to the resources of each. The list is in order of priority of who should support first. order will be followed except when the one who needs support is a spouse and a child in which case the child shall be preferred. -When there are two or more people claiming for support and the one obliged to give doesn’t have enough. *If wife is adulterous it can be a defense in an action for support against separate property of the spouse but wife can still get support from ACP or CPG. After the final judgment granting the petition. Art. the court may order that the guilty spouse shall give support to the innocent one. Art. specifying the terms of such order. shall be in proportion to the resources or means of the giver and to the necessities of the recipient. should the latter not have sufficient means to satisfy all claims. 201: The amount of support. 2.Persons and Family Relations 2009 (Atty. The spouse. 200:if the liability to support falls on 2 people it will be divided between them in the proportion of their resources.   unless guilty spouse is ordered to support innocent. Art. Sta. 3. without prejudice to his right to claim from the other obligors the share due from them. 199: Whenever two or more persons are obliged to give support. The descendants in the nearest degree. Judgment for support does not become final Demanding support 62 . Maria) community or the conjugal partnership. 202: Support in the cases referred to in the support pendent elite by the other spouse (from his separate property) Legal separation or annulment: spouses shall be supported by ACP or CPG. in which case the child shall be preferred. (Wife is preferred when it is an illegitimate child)   Support can be increased or decreased depending on the needs of the recipient and the resources of the person obliged to give it. the obligation of mutual support between the spouses ceases. Art. in case of legal separation. Art. However. -But in case of urgency. However. and 4. The ascendants in the nearest degree. The others are not obliged to give support if those higher on the list are present. The brothers and sisters. the judge may order only one of them to give and then just get reimbursed from the other after. 200: When the obligation to give support falls upon two or more persons. in the cases referred to in Articles 195 and 196. the judge may order only one of them to furnish the support provisionally. 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. When two or more recipients at the same time claim support from one and the same person legally obliged to give it.

Art. Payment shall be made within the first five days of each corresponding month or when the recipient dies. The person obliged to support unjustly refuses or fails * However in case of contractual support or that given by will. the latter shall have a right to claim the same from the former. but it shall not be paid except from the date of judicial or extra-judicial demand. it is given by a stranger. unless it appears that he gave it without intention of being reimbursed. Support pendente lite may be claimed in accordance with the Rules of Court. any third person may furnish support to the needy individual. the excess amount beyond that required for legal support can be subject of execution. his heirs shall not be obliged to return what he has received in advance. without the knowledge of the person obliged to give support. or by receiving and maintaining in the family dwelling the person who has a right to receive support. according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same. No support given without judicial or extrajudicial demand. Art. he can reimburse unless he has no intention of being reimbursed. (Made within the first 5 days of every month) Demand is essential shows manifestation of needs. Quasi-contract: juridical relation which arises from certain lawful. 207 Requisites: 1. Art. 206: When.  Art. Maria) preceding article shall be reduced or increased proportionately. 203: The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance. with right of reimbursement from the person obliged to give  Demandable from the time person who has the right to receive it needs it (need for support is not presumed.  Art. voluntary and unilateral acts to the end that no one shall be unjustly enriched or benefited at the expense of another (basis for reimbursement of one who gives support) 63 . must be established). 206 Requisites:  There is a need to be supported and without knowledge of person obliged to give support it is given by another. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter. Art. 205: The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. Urgent need to be supported on the part of the recipient 2. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. 204: The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed. Sta.Persons and Family Relations 2009 (Atty. How to provide support  Can be by giving the money or allowance  Or by allowing the person to stay in family dwelling unless there is a legal or moral obstacle (usually refers to illegitimate children who are generally not allowed to get from ACP or CPG)  The right to receive support and the money or property obtained as such support cannot be made to satisfy any judgment against the recipient Art.  If person obliged to give support unjustly refuses a third person can give it with right of reimbursement. 207.

Maria) support. 64 . 2. Paternity is known or the father is certain. 208: In case of contractual support or that given by will. Third person furnishes the support to the needy individual *If all are present 3rd person shall have right to reimbursment. mental and physical character and well-being. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. Illegitimate is living with the father and mother who are cohabiting without the benefit of marriage. Art. 209: Pursuant to the natural right and duty of parents over the person and property of their unemancipated children. 3. Parental authority involves a mass of rights and obligations. the father's decision shall prevail. guardianship and surrender to a children’s home or orphanage) -When a parent gives authority to another it merely temporary custody not renunciation. The excess in amount of legal support shall be subject to levy on attachment or execution. - - Natural affection between the parents and the offspring has always been recognized as an inherent and natural right. 211: The father and the mother shall jointly exercise parental authority over the persons of their common children. (If one of the requisites are missing only mother has parental authority) *Father’s subsequent separation does not mean a renunciation. 210: Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. contractual support however is not mandated by law. In case of disagreement. Art. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. This is different from legal support. Sta. to give support. Parental authority and responsibility cannot be renounced or transferred Except when provided by law (Cases of adoption. unless there is a judicial order to the contrary.  In case of disagreement the father’s decision shall prevail unless there is a judicial order. the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution PARENTAL AUTHORITY Art. parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral. which cannot be levied upon.  Children should observe respect and are obliged to obey them as long as they are under their parental authority  Applies to both legitimate and illegitimate Requisites for it to apply to illegitimate: 1. Art. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed.Persons and Family Relations 2009 (Atty.

The Court shall take into account all relevant considerations.  Husband and wife during or after the marriage cannot be examined without the consent of the other (marital privilege). the one designated by the court. parental authority shall be exercised by the parent designated by the Court. to testify against his parents and grandparents. the other spouse still has parental authority  Remarriage does not affect the parental authority of the parent. in a criminal case. absence or unsuitability of the parents. SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY Art. Once parental authority is vested cannot be waived. 213: In case of separation of the parents. shall exercise the authority. *New spouse does not get parental authority by the fact of marriage.  In case of separation the court shall designate a parent to have parental authority (taking into consideration choice of those 7 and above) No child below 7 shall be separated from mother unless there is compelling reason not to do so. *Not mandatory in nature so if the child wants to he can do so voluntarily. taking into account the same consideration mentioned in the preceding article. The remarriage of the surviving parent shall not affect the parental authority over the children. unless the parent chosen is unfit. 215: No descendant shall be compelled. New spouse must adopt the children to have parental authority. *Order is not mandatory: paramount 65 . the following person shall exercise substitute parental authority over the child in the order indicated: 1. In case several survive.   1st: parents exercise parental authority then a judicially appointed guardian in default of such guardian: 1. substitute parental authority shall be exercised by the surviving grandparent.  Lesbianism not a ground to deprive of custody. absence or unsuitability of the parents substitute parental authority shall be exercised by the surviving grandparent. Sta. *Habeas corpus is proper remedy to get custody of a child from the other parent or 3rd persons. the parent present shall continue exercising parental authority. as provided in Art. Art. Except: in a civil case by one against the other. 216: In default of parents or a judicially appointed guardian.Persons and Family Relations 2009 (Atty.  No descendant shall be compelled in a criminal case to testify against his parents or grandparents unless the crime is against the descendant or by one parent against the other. 214. Maria) Art. except when such testimony is indispensable in a crime against the descendant or by one parent against the other. 212: In case of absence or death of either parent. Art. Oldest brother or sister over 21 *They will have the rights and responsibilities of a parent enumerated in art. *This does not mean that the other parent has no more PA.  If a spouse dies. the court will decide. unless the court appoints another person to be the guardian of the person or property of the children. 214: In case of death. In case of death. In case several grandparents survive. especially the choice of the child over seven years of age. The surviving grandparent. 220 onwards. Surviving grandparent 2. in a criminal case by one against the other or to the latter’s descendant or ascendant. (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.

3. (This authority applies to authorized activities inside or outside the premises)  Those given special authority shall be principally and solidariliy liable (civil liability) for damages caused by the acts or omissions of the minor. orphanages. if only 1 and the other is dead or abandoned for at least 1 year 1 parent authorization is enough)  School. abandoned. orphanages and similar institutions duly accredited by the proper government agency. Involuntary: by DSWS who files with court to have custody over the child. unless unfit or disqualified. Transfer of parental authority: 1. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that 66 . parental authority shall be entrusted in summary judicial proceedings to heads of children's homes. (Must be teacher in charge etc). Art. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. unless unfit or disqualified. Voluntary: parent or child commits to the DSWS (surrendered in writing by parents. or the individual. its administrators and teachers.  Parents or those who have substitute parental authority shall be subsidiarily liable (if persons with special authority cannot cover the liability)  Under the civil code. teachers etc can still be held liable when children are not anymore minors subject to the defense of proper diligence. over twenty-one years of age. Sta. teachers. neglected or abused children and other children similarly situated) Parental authority shall be entrusted in summary judicial proceedings to heads of children’s homes. 219: Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. over twenty-one years of age. In case of no family members (foundling. custody. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. Art. The parents. *Can be an academic or nonacademic school. 2. etc must still be considered. 217: In case of foundlings.Persons and Family Relations 2009 (Atty. Child’s actual custodian over 21 * The list is merely a guideline. Maria) 2. abandoned neglected or abused children and other children similarly situated. Whenever the appointment or a judicial guardian over the property of the child becomes necessary. and 3. individuals or entities engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision. instruction or custody. Art. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. interest Except: no liability by those with special parental authority if it can be proven that such person exercised the proper diligence in the circumstances. The oldest brother or sister. administrators. Parents can’t use diligence as a defense (imputed liability flows from filial relation). instruction. capabilities. fitness. article 2180. the same order of preference shall be observed. etc. The child's actual custodian. entity or institution. 218: The school.

To impose discipline on them as may be required under the circumstances. 7. To demand from them respect and obedience. Physical and mental health means. advice and counsel. (But mere disagreements or delinquent behavior does not generally terminate support). 67 . advice. then no liability. to support. To furnish them with good and wholesome educational (Read Child and Youth Welfare Code –Rights of the child) materials. Love and affection. of corporal punishment. To give them love and affection. To perform such other duties as are imposed by law upon parents and guardians. Others imposed by law civic affairs. educate and instruct them. 6. 5. and understanding and instruct them by right precept and good example. integrity. 4. Art. 7. recreation and association with others. self-discipline. Represent them in all matters affecting their interest. 220: The parents and those exercising parental Rights and duties of parents: authority shall have with the respect to their 1. Moral and spiritual guidance and to provide for their upbringing in keeping with their 4. 1. stimulate their interest in 9. studies and morals. protect them from bad company. To provide them with moral and spiritual guidance. Exception: if parents can show that they exercised the diligence of a good father. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. 221: Parents and other persons exercising parental  Parents are primarily liable (civilly) for injuries and authority shall be civilly liable for the injuries and damages caused by the acts and omissions of their damages caused by the acts or omissions of their unemancipated children living in their company and unemancipated children living in their company and under their parental authority. counseling. 3.Persons and Family Relations 2009 (Atty. and prevent them from acquiring habits detrimental to their health. educate companionship. Maria) they exercised the proper diligence required under the particular circumstances. industry and thrift. prevent them from bad company companionship and understanding. under their parental authority subject to the appropriate *Cases in the US would show that support can be withheld from the child as a disciplinary sanction if the child refuses to obey the father. self8. DOE. EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN Art. provide for their unemancipated children on wards the following rights upbringing in keeping with their means. Good and wholesome educational materials and 2. Impose discipline reliance. ROE V. Demand respect and obedience inculcate in them honesty. Support. To represent them in all matters affecting their interests. and 8. and inspire in them compliance with the Disciplinary Actions: parents may inflict a reasonable measure duties of citizenship. 6. Sta. To keep them in their company. 5. supervise their activities. and duties: 2. 3.

the place where the property or any part thereof is situated. Art.000. where the child resides. The child shall be court may suspend or deprive him of parental entitled to the assistance of counsel. the parent concerned the compulsory inheritance. either of his choice authority. 1. However. in the proper court of acts of management or administration. When a parent is disinherited and his/her child Where the market value of the property or the annual inherits from the child’s grandparents his share of income of the child exceeds P50. administrator of the property): 1. if in the same proceeding the court finds the  The court may terminate the commitment of the child petitioner at fault. 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 requires it. Prohibition (cases where a parent cannot be the unless there is a judicial order to the contrary. irrespective of the merits of the whenever just and proper. or when the circumstances so warrant. 68 . GUARDIANSHIP: trust relation of the most sacred character. When the parent is unfit to administer the property general guardians. for an order providing for  If the court finds that it is the petitioner at fault. as distinguished from the child resides in a foreign country. Parent’s authority over the estate of the ward as a A verified petition for approval of the bond shall be filed in legal-guardian would not extend to acts of the proper court of the place where the child resides. It is presumed that the parents act for common child without the necessity of a court appointment. 223: The parents or. if encumbrance or disposition. EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN Art. the best interest of the child. the court may terminate the commitment of the child whenever just and proper.Persons and Family Relations 2009 (Atty. The parent however can court may determine. Maria) defenses provided by law. 225. if the market value of total property or income of child is Art. interests of the child so requires. Art. Sta. Upon proper petition or at its own instance. or appointed by the court. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. may petition the proper court of the place a counsel shall undergo a summary hearing. or. to voluntary will. support. entity or institution exercising parental assistance of the court to discipline the child and with authority. in their absence or incapacity. 224: The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. The father and the mother shall jointly exercise  No need for a judicial court to appoint parents as legal guardianship over the property of the unemancipated guardians. guarantee the performance of the obligations prescribed for 2. and thus a guardian is needed. the father's decision shall prevail. the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. but not less than ten per centum administer whatever is given to the child by way of (10%) of the value of the property or annual income.  Person who has parental authority may seek the the individual. In case of disagreement. and a summary hearing shall  During the commitment of the child the parent cannot be conducted wherein the petitioner and the child shall interfere with the care of the child but will provide be heard. the parent cannot shall be required to furnish a bond in such amount as the administer such property. petition. the disciplinary measures over the child.

-the fruits of such can only be used by the parents for the support of the child and secondarily for the support of the family. appointment of guardian *parental authority cannot be revived in these cases. or a parent has remarried. unless the owner. Upon the death of the parents. In any case. more than P50k. unless the title or transfer provides otherwise. but if child is under substitute parental authority or guardian is a stranger then rules on guardianship apply. the proceeds thus give in whole or in part shall not be charged to the child's legitime. Such will not be charged to the child’s legitime. Art. – authority is needed from court. 2.  The court upon the death of the parents can appoint a guardian on petition of a relative. or DSWD.  Parents cannot use property for personal use. (to be sure that guardians don’t abuse their authority and do what they are required to do) 2. *for the reinstatement of parental authority judicial declaration is needed for reinstatement of parental authority. parental authority also terminates: 1. rules on guardianship apply supplementary to parents. Art.Persons and Family Relations 2009 (Atty. *parent’s authority over the estate does not include alienation or encumbrance. The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. or 3. 228: Parental authority terminates permanently: 1. Art. -the child shall own exclusively whatever he earns or by onerous or gratuitous title.  The net proceeds or the balance left after the payment of the allowance and expenses will go to the parents SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY Art. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education.  These situations extinguishes parental authority Grounds for termination: 1. Upon the death of the child. the net proceeds of such property shall belong to the owner. family friend. or the guardian is a stranger.  Parents who engage their unemancipated child to take care of their properties are to give their child a monthly allowance taken from the gross proceeds of the property for the month. in which case the ordinary rules on guardianship shall apply. Maria) The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved. Upon emancipation of the child. grants the entire proceeds to the child. 227: If the parents entrust the management or administration of any of their properties to an unemancipated child. Upon adoption of the child. The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority.  Child’s salary still for his/her exclusively used for benefit of child but child also has obligation to support ascendants thus salary can be used. 2. 226. Sta. 69 . The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger. 229: Unless subsequently revived by a final judgment. 2. Upon appointment of a general guardian. Adoption – all legal ties are severed an are vested on the adopter. or compromise or waiver (void). the parent has to give a bond not less than 10% of value of property to guarantee performance of the obligations prescribed for general guardians.

force or intimidation with lewd design) * This may include cases where the parent was negligent or didn’t do anything about the situation. such child to vagrant or beggar. Gives the child corrupting orders. example or counsel 3.Treats the child with excessive harshness or cruelty 2. guardianship to person and property of ward. Maria) 3. Art. Upon judicial declaration of absence or incapacity of the person exercising parental authority. 70 . abandonment of child (upon judicial declaration in a case filed for the purpose) 4. The grounds enumerated above are deemed to include cases. or 4. If the degree of seriousness so warrants. the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances. offshoot of another case. 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.parental authority is suspended upon conviction of the parent of a crime that has civil interdiction (loss of rights of parental authority. *if the degree or seriousness so warrants parent may be deprived of authority. *Parental authority may be revived in a case filed for its purpose or in the same proceeding if the court finds that the cause has ceased. 3. which have resulted from culpable negligence of the parent or the person exercising parental authority. *parental authority cannot be revived for sexual abuse. counsel or example. *RPC: parental authority can be deprived or suspended up to the discretion of the courts. Art. Upon judicial declaration of abandonment of the child in a case filed for the purpose. 232: If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse. Subjects or allows him to be subject to acts of lasciviousness (not actual sexual act. Sta. judicial declaration of absence or incapacity of person . gratuitously or in consideration of a price. Compels the child to beg. treats the child with excessive harshness or cruelty 2. marital authority. or the welfare of the child so demands. Upon final judgment of a competent court divesting the party concerned of parental authority. 230: Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. Suspension of parental authority (can be from a case related. gives child corrupting orders.  If the person exercising parental authority has subjected the child or allowed him to be subjected (culpable negligence of a parent) to sexual abuse parental authority will be permanently deprived Under RPC: any person entrusted with parental authority of a child under 16 years of age to deliver. 231: The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same: 1. *parental authority is automatically reinstated upon service of sentence or pardon.Persons and Family Relations 2009 (Atty. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. final judgment from court depriving parental authority 5. 4. Compels the child to beg 4. Art. right to manage his property and right to dispose of such. Subjects the child or allows him to be subjected to acts of lasciviousness. 3. such person shall be permanently deprived by the court of such authority. or 5. Does not have to be case filed for the purpose) 1.

(schools can impose certain measures of disciplinary action but cannot inflict any physical punishment) Criminal liability of parents: 1. teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. exploits child by using him for begging. causes. and protection he needs 3. permits child to use or carry dangerous weapons 11. Parental consent is more in keeping with Filipino culture and tradition. Art. In no case shall the school administrator.) Corporal punishment of those with special parental authority: those exercising substitute parental authority will have all the same rights and authorities over the child (can inflict corporal punishment) those with special parental authority cannot inflict corporal punishment on the child. Once emancipated he/she can sue or be sued alone. the father is only relied upon for support. 71 .Persons and Family Relations 2009 (Atty. neglects the child by not giving him the education which the family can afford 5. fails or refuses without justifiable reason to enroll child 6. sells or abandons child for a valuable consideration 4. inflicts cruel and unusual punishment 9. Marriage is no longer a ground for emancipation since now one can only contract a marriage when they marry. Unless otherwise provided. EMANCIPATION Art. and is responsible and qualified for all acts of civil life Parent’s liability: The father and in case of death or incapacity the mother are responsible for the damages caused by the children between 18 and 21 who live in their company. employs children in exhibitions (circus. abandons child depriving him of the love. not necessarily consecutive) 7. Sta. 234: Emancipation takes place by the attainment of majority. allows or requires child to drive without a license. 233: The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. 236: Emancipation for any cases shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil of life. etc. Contracting marriage shall require parental consent until the age of 21. Nothing in this code shall be construed to derogate - Emancipation is attained upon reaching 18 years of age. majority commences at the age of eighteen. (absence without cause for more than 20 days. encourages or causes child to lead an immoral or dissolute life 10. or permits truancy of the child. carnival. abates. Parents are also subsidiary liable for the acts or omission of - *Illegitimate children: liability is with the mother. etc. conceals or abandons the child with intent to make him/her loose his civil status 2. 8. care. save the exceptions established by existing laws in special cases. Maria) Art.

In keeping with the social position of the deceased. Preliminary conference: done by judge with the parties w/o counsel. which shall be chargeable to the property regime if the spouse is making arrangements. dissolution of CPG 5. 364: Legitimate and legitimated children shall principally use the surname of the father. But if the court deems it necessary. adoption and revocation thereof 4. brothers and sisters above 21)  Brothers and sisters or descendants –oldest are preferred. USE OF SURNAMES Art. Human remains can’t be disposed or exhumed without the consent of the persons in arrangement. their emancipated child living in their custody.Persons and Family Relations 2009 (Atty. nullity. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts) 2. Summary proceedings: claims for damages by either spouse must be done in a separate action. Funerals: same arrangement established for support (spouses. legitimated children use surname of their dad Adopted children are considered the legitimate child 72 . in the absence religious beliefs. custody. petitions for guardianship. Art. they can be assisted by counsel after. descendants then ascendants in the nearest degree. Guardian’s liability: Guardians are liable for damages if the person is under their authority and live in their company. suspension termination or restoration of parental authority. Jurisdiction over: 1. Constitution of family home 9. declaration of status of children. A person who allows disrespect to the dead will be liable to the family for moral and material damages. ascendants – paternal is preferred. property relations. 365: An adopted child shall bear the surname of - Legitimate. If the city is the capital of the province then in the municipality with the highest number of people. commitment of children. 8. 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. in case of doubt shall be decided upon by the person making the arrangements after consultation with the family. summary judicial proceedings 7. Violations of 7610 11. relating to marital status. Family courts: shall establish family courts in every province and city. Sta. Maria) from the duty or responsibility of parents and guardians for children and wards below twenty-one years of age mentioned in the second and third paragraphs of Article 2180 of the civil code. Cases against minors (dangerous drugs act) 10. Mausoleum or a tomb is part of funeral expenses. habeas corpus 3. and in accordance to the expressed wishes of the deceased. support and acknowledgment 6. 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. annulment.

Art. Art. Her maiden first name and her husband's surname or 3. surname and husbands surname 3. 73 . Art. wife is guilty: shall resume her maiden name innocent: resume her maiden name or continue using her husbands name unless the court decrees otherwise or if either of them remarries." Art. Art. 369: Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. 368: Illegitimate children referred to in Article 287 shall bear the surname of the mother. 176 however does not apply if the father of the illegitimate child is certain as when the said father categorically admits that the illegitimate common child is his and at the same time such father lives with the illegitimate child and the mother. and the wife is the guilty party. She or the former husband is married again to another person. 366: A natural child acknowledged by both parents shall principally use the surname of the father. such as "Mrs. Married woman may use: 1.” * Option is give to the woman.Persons and Family Relations 2009 (Atty. she shall resume her maiden name and surname. of the adopter for all intents and purposes and thus is entitled to all the rights and obligations provided by law. 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. Maria) the adopter. In case of legal separation: wife will continue to use the name she used prior to separation Widow: may continue to use deceased husband’s surname 2. Then can use fathers surname Children conceived before the decree annulling a voidable marriage shall use surname of father. maiden first name. or 2. she may resume her maiden name and surname. However. - Illegitimate children shall principally use the name of the mother Exception: father is certain or recognizes illegitimate child and the father lives with the illegitimate child and mother. Art. The court decrees otherwise. Sta. or 2. she may choose to continue employing her former husband's surname. Art. 367: Natural children by legal fiction shall principally employ the surname of the father. 176: illegitimate children shall use the surname of the mother and shall be under their parental control. If recognized by only one of the parents. maiden name and her husbands surname 4. Her husband's full name. Adopted children bear the name of their adopter. 371: In case of annulment of marriage. but prefixing a word indicating that she is his wife. Her maiden first name and surname and add her husband's surname. - In case of annulment: 1. Her own name 2. unless: 1. Art. If she is the innocent spouse. 370: A married woman may use: 1. a natural child shall employ the surname of the recognizing parent. husbands full name plus “Mrs.

373: A widow may use the deceased husband's surname as though he were still living. *usurpation means some injury to the interests of the person (possibility of confusion of identity etc) *stage names cannot be usurped as the people have vested rights in them 74 .  If there are similar names. Art. But if it is an illegitimate child. 374: In case of identity of names and surnames. and so on. Grandsons and direct male descendants will use: 1. tainted with dishonor. change will avoid confusion. the younger will be obliged to use additional names  If between ascendants and descendants the word “junior” can only be used by a son.Persons and Family Relations 2009 (Atty. legal capacity. age. Art. the younger person shall be obliged to use such additional name or surname as will avoid confusion. change of civil status 3. 377: Usurpation of a name and surname may be the subject of an action for damages and other relief. habitually used and known by other people as that 3. Art. rights or duties. or sex) Change in nickname: 1. Sta. difficult to pronounce 2. 372: When legal separation has been granted. the wife shall continue using her name and surname employed before the legal separation. or 2. change of surname is permitted change of name does not alter family relations. Art. in accordance with Article 370. to avoid confusion *laws do not permit a legitimate child of another to adopt the surname of another person even if that person is exercising parental authority. ridiculous name 2. ridiculous. 376: No person can change his name or surname without judicial authority. provided it is done in good faith   The usurpation or use of a name and surname without authority could result in a claim for damages Unauthorized or unlawful use of another’s name also gives right for an action to the latter.  No change in name or surname without judicial authority Reasons for change in surname: 1. Art. 375: In case of identity of names and surnames between ascendants and descendants. 379: The employment of pen names or stage names is permitted.  Art. 378: The unauthorized or unlawful use of another person's surname gives a right of action to the latter. Maria) Art. Grandsons and other direct male descendants shall either: 1. Add the Roman Numerals II. Pen names and stage names permitted as long as done in good faith and no one gets injured. status. Art. III. the word "Junior" can be used only by a son. Add a middle name or the mother's surname. civil status or citizenship. add middle name or mothers surname add roman numerals Exception: if it is for merely changing clerical or typographical error no need for judicial authority (must not involve a change in nationality.

unless hi has heirs or a representative. relatives who may succeed by the law of intestacy (legitimate.) –spouse is preferred if no legal separation. illegitimate relatives. If absentee reappears he is a wreckage and person is missing. Sta. (right of representation). if disappeared after the age of 75. Declaration of absence 2 yrs if no news about the absentee 5 yrs if absentee left someone in charge Who may seek declaration spouse present *judicial declaration shall not take effect until 6 of absence heirs instituted in a will months after its publication. 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. 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 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 proven through absence 10 yrs for purposes of opening succession he shall recover all his property in the condition they are in but cannot claim the fruits or rents. regulations etc. Art. 380: Except as provided in the preceding article. his share shall accrue to Presumption of death in on board a lost vessel during sea voyage.Persons and Family Relations 2009 (Atty. Pen names and stage names cannot be usurped. not 4 years) has claim to get what was supposed to be his from Person in the armed forces engaged in war and is missing for 4 those that got it within the prescriptive period. as well. 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 can’t alienate/encumber property without basis for termination of property regime judicial authority. airplane that is dangerous situations missing and has not been heard of in 4 years since loss. (if there his co-heirs. years Person in danger of death and existence has not been known for 4 years. Maria) and there is no injury to third persons. 75 . 5 years enough *if the absentee is the heir.

Encourage domestic adoption and make inter-country adoption a last resort. Filipino citizen of legal age with full civil capacity and legal rights. State Policy: 1. no commitment to a potential adopter before birth. Seeks to adopt legitimate child of Filipino spouse 3.Persons and Family Relations 2009 (Atty. etc. Sta. Pre-Adoption Services: Counseling for natural parents. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption. and adoptee. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent) d.) 2. Promote sensitive environment for adoption through campaigns and public information 5. Maria) 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. In accordance with tenets of: 1. Guardian with respect to ward (after clearance of finances Husband and wife shall jointly adopt except: 1. all requirements must be met with if not. Not convicted of a crime involving moral turpitude b. adopter. Protect adoptive parents from disturbance of their parental authority over adopted. Prevent child from unnecessary separation from parents 3. Safeguard biological parents from making hurried decisions. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4th degree of consanguinity or affinity of Filipino spouse. a. Residency requirement is waived if the adopter was: 1. Foreign country will allow the adoptee to enter such country d. Certified to be legally capacitated to adopt 3. Living in the Philippines for at least 3 continuous years i. 6. Country has diplomatic relations with Philippines b. Former Filipino citizen who seeks to adopt a relative with in the 4th degree of consanguinity or affinity 2. Eligibility: 1. (Counseling. In a position to support and care for 2. UN Convention on Rights of a Child 2. Aliens with same qualifications plus a. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children 3. care and remains with parents and only when the child can’t be placed with extended family shall adoption by unrelated person be considered. One spouse seeks to adopt legitimate child of other 76 . Domestic adoption Policy of the state to ensure that child is provided with love. 4. Emotionally/Psychologically capable of caring for children c. no rights may flow from this. Government has sufficient capacity to provide for adoption properly. c. Being a statutory creation.

can’t 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. Attempt on the life of the adoptee 3. biological parents won’t get anything. Parental authority – all legal ties between biological parent and adoptee severed (unless biological is the one adopting) 2. Below 18. Legitimacy – for all intents and purposes adoptee is considered legitimate child a. Procedure: 1. Sexual assault or violence 4. etc. The adoptee if 10 years and over 2. 3. However if something is left by will the adoptee/biological parent can inherit (from the free portion) Rescission of adoption: by adoptee or guardian: 1. One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this Spouses are legally separated Who may be adopted: 1. Abandonment and failure to comply with parental obligations Adopter cannot rescind adoption (can only disinherit) 77 . adoptee can’t get from parents of adopter) Does not inherit form the other relatives.adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime). Illegitimate child by qualified adopter to improve status 4. Sta. No right of representation (Meaning if adopter dies.) 3. does not extend to other relatives unless expressly provided by law 3. Succession . Relationship established is only between parent and child. Legitimate and adopted children of adoptee (10 years and above) 4. Maria) 2. Effects of Adoption: 1. Court needs proof that there wasn’t a hurried decision. gov’t. Legitimate child of one spouse by the other 3. Who ever has legal custody of the child (parent. A childe whose adoption has been previously rescinded 6. A person of legal age of when younger was treated as adopter’s child since minority 5.Persons and Family Relations 2009 (Atty. 2. 6-month period to revoke consent by parent after decision has been made. guardian. judicially/administratively declared available for adoption 2. Before adoption decree becomes final there is 6 month custody period Only a direct attack in cases of adoption. Social worker should make case study of adopter and adoptee prior to any hearing for adoption 3. Repeated physical or verbal maltreatment 2. 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 1. After that consent is binding. Illegitimate children if living with adopter (10 years or over) 5. Spouse of adopter No consent can be given prior to birth of child.

Functions of Board: 1. Promote development of adoption service 9. absence the foreign agency may propose. Eligible to adopt under his nationality laws 5. (Philippine maintains authorized and accredited agency. Maria) - If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a minor. Form and Contents of application 6. If married. 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. Able to give proper care and support 6. Prevent improper financial gain 8. If pre-adoptive relationship is unsatisfactory. Ensure confidentiality of records 11. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. Rules and regulations 2.Persons and Family Relations 2009 (Atty. adoption is allowed under his or her laws) To be filed with the RTC or the board through an agency. Fees and Charges to be executed 5. Guidelines for Matching/Collection 4. Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies. Prepare/Modify agreements 12. Agrees to uphold basic rights of child 7. But adopter and adoptee relationship extinguished. Guidelines for the convening of inter-country adoption placement committee 3. 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 committee’s proposal unless it is relative or it is for the child’s best interest. Sta. Accredit/authorize foreign adoption agency 10. it will be terminated and Board may choose from roster of applicants a qualified family. Trial custody: 6 months with submission of progress reports before adoption decree becomes final. Comes from a country that the Philippines has diplomatic ties with. Formulate policies etc to protect children 7. Has capacity to act and assume rights and responsibilities of a parent under his national laws. 2. 78 . The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family. Assist other agencies 13. they must jointly file adoption. 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: 1. Not been convicted of a crime involving moral turpitude 4. Also has undergone counseling form an accredited counselor in his/her country 3. Applicant must fetch child within 30 days after notice of issuance of visa.

coercion. Living or fending for themselves without the care of anyone 4. Sta. Procedures and safeguards not complied with 4. or conduct other illegal activities Establishments where these acts are done will be closed and their license to operate will be canceled. etc. 3. and selling of children Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS. Child exposed to danger. morals 3. Failure to give immediate medical treatment when needed. which gravely threaten or endanger survival and normal development: 1. video or model and sells/distributes this. 2. Acts by deeds or words. safety. Employer shall ensure protection. dealing. 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.Persons and Family Relations 2009 (Atty. safety. Working under conditions hazardous to life. Working Children: below 15 years of age can work provided: 1. 79 . Living in an area affected by armed conflict 2. Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative. Living in an area lacking basic services (indigenous cultural community. Work permit from DOLE 2. Consent for adoption acquired through or attended by force. underdeveloped area) 5. No authority from board 3. Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental disability. abuse and exploitation Attempt to commit offense punishable Acts punishable above considered child trafficking RA 7610: Special Protection of Children Against Child Abuse. Other acts of abuse: use coercion. traffic drugs. Maria) Illegal Adoption (presumed): 1. 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. Prevent exploitation or discrimination 4. buying. tobacco. Circumstances. Continuous training of child Cant employ child in commercials for alcohol. extreme poverty. Obscene publications and indecent shows: perform obscene exhibitions in shows. establishment which recruits women to bear children. Child trafficking: trading. force or intimidation to make a child beg. Victim of calamity 6. cruelty emotional maltreatment. Analogous situations. Person engaged in finding children from low-income families. Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts. pregnant women consents to adoption for a consideration. Unreasonable deprivation of basic needs 4. morals 3. Exploitation and Discrimination Act. health. Child Abuse: habitual or non-habitual maltreatment 1. Psychological or physical abuse (neglect. which degrades or demeans intrinsic worth or human dignity of child. sexual abuse) 2.

7. 80 . 3 citizens of the place where it occurred. 52-53) Prescription: marriage is void: 5 years from Judicial Declaration of Nullity (if doesn’t want to give it back. ascendants. 30 years for immovable) marriage not celebrated: 5 years from when it was not celebrated 6. prescribe after 8 years for movable. Release within 24 hours to DSWD or other Who may file: offended parents/ guardians. Barangay chairman. Marriage is not celebrated or is void ab initio (including art.5 years from finality of decree. relative within the 3rd degree of consanguinity social worker of DSWS or other. Immediate free legal assistance 3. 2. then automatically revoked Exception: if the ground for legal separation is infidelity in the form of adultery or concubinage it will be automatically void. hospitals) not to be used 5. Sta. Immediate notice to parents 4. Not recruited in army 3. Separate detention cells from adults unless they are family. Exception: If the marriage is void due to Article 40. Marriage takes place without consent of parents Prescription: . When there is a resolutory cause and the condition has been complied with Prescription: 5 years from the happening of the resolutory condition. Exception: If the donation is in the marriage settlement it will be revoked by operation of law. or Article 44. after the marriage. entitled to special respect 2. Article 86: Donor may revoke donation by reason of marriage in the following cases 5. Shall not be object of attack. 8. Delivery of basic social services 4. Upon legal separation when donee is the guilty spouse Prescription: . Maria) Situations of Armed Conflict: Policy of state to resolve such for best interest of children 1. Exception: between husband and wife prescription does not run.Persons and Family Relations 2009 (Atty. Public infrastructures (schools. Facilitate reunion of families Children arrested for reasons of armed conflict: 1.5 years from the time he had knowledge that consent was not obtained.

Acts of ingratitude: .donee commits an offense against the person or property of the donor. entitled to parental care 2. Article 87: Donations between husband and wife (direct or indirect). Cooperate with the family Legitimate Those conceived in the 15-day period prior to the finality of the decree of Illegitimate Children born in a valid marriage but is impugned by the father 81 . old relatives and those with substitute parental authority. 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 5. Prescription: . or children . Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked. moral and intellectual development duties of the child 1. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession. 4. moral and civic training 4.1 year from the time the donor had knowledge of the fact of ingratitude -husband and wife can’t donate to each other -also those who cohabitate with each other Exception: can give moderate gifts. Sta.donee imputes to the donor any criminal offense involving moral turpitude unless it against the donee . 4.Persons and Family Relations 2009 (Atty. Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted with bad faith. 2. Exert his utmost for his education and training. Revoked by operation of law: 1. receive at least elementary education 3. Maria) Article 87 6. obey and honor his parents or guardian 2. his wife. 3. provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law. Even if made by both spouses for a purpose other than vocational or professional. 6. or those who cohabit = void a.donee unduly refuses to support donor when he is legally or morally bound to give support. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law. live in an atmosphere conducive to his physical. respect his grandparents. 3. CHILDREN: Rights under title 12 of civil code 1.

Article 921: disinheriting a spouse 1. descendants or ascendants. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants. Accused testator of a crime… 4. Conceived or born before a voidable marriage is terminated Children conceived or born in a void marriage pursuant to article 40. Spouse has given cause for legal separation 82 . Attempt of one of the parents against the life of the other. Loss of parental authority 7. intimidation. 5. or attempted against their virtue 2. 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. 52. Refusal to support children or descendants without justifiable cause. i. descendants or ascendants. 8. 2. Spouse convicted of attempt against. 3.. Maltreatment of the testator by word or deed by the child or d 7. Sta. which the law prescribes imprisonment for 6 years or more. 2. When a child or d has been convicted with adultery or concubinage with the spouse of the testator. 919: following shall be sufficient causes for disinheritance of children. Children conceived or born in a void marriage Cannot be legitimated: when from an adulterous relationship or bigamous marriage. Parent or ascendant by fraud.Persons and Family Relations 2009 (Atty. 4. Spouse by fraud. descendant has accused the testator of a crime. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to legitime. Spouse accused testator of crime… 3. When the child. Parent or ascendant convicted of concubinage with spouse of testator 5. or undue influence causes the testator to make a will or change one he has already made. Maria) annulment. violence. Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse. Child or descendant leads a dishonorable or disgraceful life 8. intimidation… 4. whether legitimate or illegitimate 1. and 53 Children conceived or born in a void marriage because of psychological incapacity *but if child was conceived and born prior to the marriage. unless there has been reconciliation iii. violence. Conviction of a crime with civil interdiction ii. descendants 1. induced their daughters to live corrupt or immoral life. Article. undue influence causes new will or change will 6. if it is found to be groundless. When a child or d by fraud. Exception to when parents cannot administer property: 1. 3. Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse. When parents have abandoned their children. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant 6.

having knowledge of the violent death of the testator. the spouse. Any attesting witness to the execution of a will. 5. revoking will. 5. Relatives of 1 within the fourth degree. Person convicted or adultery or concubinage with the spouse of the testator 6. judicial separation of property. the church or institution to which such minister may belong 3. Unjustifiable refusal to support the children or other spouse When parent is incapacitated to succeed one due to unworthiness: i. or concealing will 8. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him 2. Falsifies or forges will of decedent b. Accused of a crime… 4. By same means. Individuals. Maria) 2. 3. Physician. prevents one from making will. attempted against her virtue 2. corporations not permitted by law to inherit. (physical. parents or children. should fail to report it to an officer within a month unless authorities have already taken action. 1027: the following are incapable of succeeding 1. Convicted of an attempt against the life of the testator. Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant.  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. nurse. (not applicable wherein law there is no obligation to make an accusation. and sole administration abandonment for more than one year can lead to legal separation 83 . Art. 5. Parents abandoned their children. descendant. When the spouse has given grounds for loss of parental authority. his spouse. Art. Incapable of succeeding i. brother or sister or spouse 4. associations. or descendants or ascendants. Cause testator to make or change will 7. 6. spouse. Any heir of full age who. surgeon. Sta. or induced their daughters to live a corrupt or immoral life.Persons and Family Relations 2009 (Atty. financial and moral desertion) spouse can seek for receivership. 1032: unworthiness 1. 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. etc who took care of testator during last illness 6. parents or children or an one claiming under such witness.

87) 5 years from the time their cause of action accrues 84 . relative. Maria) Deadlines: Article Article 30 Article 38 Article 47 *If ratified then can no longer be annulled. (Unless the donation is actually void Art.5 years after reaching 21 by the party.Any time between 18-21 years old by parents . Does not prescribe Anytime before the death of either 5 years after having knowledge 5 years after it ceases 5 years after the marriage 15 days from receipt of the parties of the decision 5years from the occurrence of the cause. force. After the laps of 6 months after the filing of the petition. Article 47 Article 47 Article 47 Article 47 Article 47 Article 50-51 Article 57 Article 58 Article 61 Article 61 Article 64 Article 182 Contents Marriage certificate with affidavit for marriages in articulo mortis or remote residence Action or defense for absolute nullity (anyone can file) Deadlines/prescriptions Within 30 days after the performance of the marriage For one who obtains a marriage without prior consent after he reaches the age of 21 . Sta.Persons and Family Relations 2009 (Atty. By the sane spouse without knowledge of insanity. or person having legal charge By the insane during a lucid interval Consent through fraud Consent through intimidation. guardian. undue influence For STD and physical incapacity Entry of judgment and decree of nullity become final Prescription of action for legal separation Legal separation trial (during trial they are entitled to live separately already) After filing of complaint respondent should answer but is not in default if not answered Action for legal separation Revocation by choice of the innocent spouse of donations after decree of legal separation Impugning legitimacy by those who are prejudiced Anytime before the death of either party. 15 days after receipt of summons Terminates upon death of either spouse 5 years after the decree of legal separation becomes final.