TITLE 1 MARRIAGE Each contracting parties must be of different sex

Free consent connotes that the contracting parties willingly and

Chapter 1 REQUISITES OF MARRIAGE
1. Marriage
3. The formal requisites of marriage are:
a. A special contract of permanent union
A. Authority of the solemnizing officer
b. Between a man and a woman
B. A valid marriage license except in the cases provided for in Chapter
c. Entered into in accordance with the law
d. For the establishment of conjugal and family life
C. A marriage ceremonytakes place with the appearance of the
It is the foundation of the family and an inviolable social institution
whose nature, consequences and incidents are governed by law and
not subject to stipulation except that marriage settlements may fix
the property relation during the marriage within the limits provided
by this code
Upon marriage, the husband and the wife become one single moral,
spiritual and social being, not only for the purpose of procreation but
also for the purpose of mutual help and protection physically, morally
and materially
The marital relation, unlike ordinary contractual relations, is regarded
by the laws as the basis of the social organization
The preservation of that relation is deemed essential to public welfare
Marriage as a special contract cannot be restricted by discriminatory
policies of private individuals or corporations
Marriage is one of the cases of double status, in that the status therein
involves and affects 2 persons
The right to marry is a recognized fundamental human right under
international law
While a lawful marriage seeks to create a permanent union between
man and woman, it does not shed the spouses integrity or their privacy
as individuals
2. No marriage shall be valid, unless these essential requisites are
present:
A. Legal capacity of the contracting parties who must be a male and a
female
B. Consent freely given in the presence of the solemnizing officer
The marrying age is 18 years old and above
o This age is likewise the age of majority
deliberately entered into the marriage
2 of this Title
contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the
presence of not less than 2 witnesses of legal age
It is not the presence or absence of the solemnizing officer which
constitutes the formal requirement but it is the absence or presence of
the authority of such solemnizing officer
o Under the Local Government Code, the mayor of a city or
municipality is empowered to solemnize a marriage
A valid marriage license must be
a. Issued by the local civil registrar of the place where the marriage
application was filed
b. Once issued, it has only a lifetime of 120 days from date of issue and
is effective in any part of the Philippines
o There is automatic cancellation after the lapse of 120 days
c. Date of issue is the date of the signing of the marriage license by the
local civil registrar
The Family Code does not generally prescribe any particular form of a
marriage ceremony
o The minimum requirement of the law is found on (C)
The absence of 2 witnesses of legal age in a marriage ceremony is
merely an irregularity in the said formal requirement which, according
to Art. 4, shall not affect the validity of the marriage but the party or
parties responsible for the irregularity shall be civilly, criminally, and
administratively liable
Common-law marriages are not recognized in the Philippines
o Common-law marriagea non-ceremonial or informal marriage by
agreement, entered into by a man and a woman having capacity to
marry, ordinarily without compliance with such statutory formalities
as those pertaining to marriage licenses

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4. Absence of any of the essential formal requisites shall render the
marriage void ab initio, except as stated in Art. 35(2).
A defect in any of the essential requisites shall not affect the validity
of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable.
The practice of a judge of requiring the parties to sign the marriage
contract first before solemnization of the marriage is highly improper
and irregular, if not illegal, however, it does not invalidate the marriage
because a marriage contract is not a formal requirement of valid
marriage
Mere breach of a promise to marry is not an actionable wrong
o But, actual damages may be awarded for the expenses incurred
relative to the preparation for the wedding
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, may
contract marriage.
6. No prescribed form or religious rite for the solemnization of the
marriage is required. It shall be necessary, however, 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. 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.
In case of a marriage in articulo mortis, when the party at the point
of death is unable to sign the marriage certificate, it shall be
sufficient for one of the witnesses to the marriage to write the name
of said party, which fact shall be attested by the solemnizing officer.
7. Marriage may be solemnized by:
A. Any incumbent member of the judiciary within the court's
jurisdiction
The jurisdiction of Court of Tax Appeals, Sandiganbayan, CA and SC
is national in scope
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If a marriage is solemnized by a judge beyond his jurisdiction, there is
absence of a formal requisite, namely, the authority of the solemnizing
officer; hence, the marriage in void unless either of the parties believed
in good faith that such solemnizing officer has authority to conduct
such marriage
B. Any priest, rabbi, imam, or minister of any church or religious sect
1. Duly authorized by his church or religious sect
2. Registered with the civil registrar general
3. Acting within the limits of the written authority granted by his
church or religious sect
4. Provided that at least one of the contracting parties belongs to the
solemnizing officer's church or religious sect
Priestone especially consecrated to the service of a divinity and
considered as the medium through who worship, prayer, sacrifice, or
other service is to be offered to the one being worshipped, and
pardon, blessing, and deliverance, obtained by the worshipper
C. Any ship captain or airplane chief only in the case mentioned in Art.
31
For a ship captain or airplane chief to be able to validly solemnize a
marriage, the following requisites must concur:
a. Marriage must be in articulo mortis (at least one of the parties is at the
point of death)
b. Marriage must be between passengers or crew members
c. Generally, the ship must be at sea or the plane must be in flight
Such marriages can be solemnized during stopovers at ports of call
D. Any military commander of a unit to which a chaplain is assigned, in
the absence of the latter, during a military operation, likewise only
in the cases mentioned in Art. 32;
Requisites:
a. He or she must be a military commander of a unit
b. He or she must be a commissioned officerrank must start from
2nd lieutenant
c. A chaplain must be assigned to such unit
d. Said chaplain must be absent at the time of marriage
e. Marriage must be one in articulo mortis
f. Contracting parties, whether members of the armed forces or
civilians, must be within the zone of military operation
unitrefers to a battalion
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 within the zone of military operationimplies a widespread military
activity over an area and does not refer to a simulated exercise
E. Any consul-general, consul or vice-consul in the case provided in
Art. 10
They can solemnize marriage abroad only when the contracting parties
are both Filipino citizens
8. The marriage shall be solemnized publicly in the chambers of the
judge or in open court, in the church, chapel or temple, or in the
office the consul-general, consul or vice-consul, as the case may be,
and not elsewhere, except in cases of marriages contracted on the
point of death or in remote places in accordance with Article 29 of
this Code, 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.
This article is directory in nature
Its non-observance will not invalidate a marriage
9. A marriage license shall be issued by the local civil registrar of the
city or municipality where either contracting party habitually resides,
except in marriages where no license is required in accordance with
Chapter 2 of this Title.
Non-compliance is merely an irregularity which will not render the
marriage null and void
10. Marriages between Filipino citizens abroad may be solemnized by a
consul-general, consul or vice-consul of the Republic of the
Philippines. 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.
11. Where a marriage license is required, each of the contracting parties
shall file separately a sworn application for such license with the
proper local civil registrar which shall specify the following:
A. Full name of the contracting party;
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B. Place of birth;
C. Age and date of birth;
D. Civil status;
E. If previously married, how, when and where the previous marriage
was dissolved or annulled;
F. Present residence and citizenship;
G. Degree of relationship of the contracting parties;
H. Full name, residence and citizenship of the father;
I. Full name, residence and citizenship of the mother; and
J. Full name, residence and citizenship of the guardian or person
having charge, in case the contracting party has neither father nor
mother and is under the age of twenty-one years.
The applicants, their parents or guardians shall not be required to exhibit
their residence certificates in any formality in connection with the
securing of the marriage license.
Purpose of documentary requirements is to serve as proofs for the
existence of marriage
12. The local civil registrar, upon receiving such application, shall require
the presentation of the original birth certificates or, in default
thereof, the baptismal certificates of the contracting parties or
copies of such documents duly attested by the persons having
custody of the originals. 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. The signature and official title of
the person issuing the certificate shall be sufficient proof of its
authenticity.
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, 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
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 official authorized to administer oaths. Such instrument shall contain
the sworn declaration of two witnesses of lawful age, setting forth
the full name, residence and citizenship of such contracting party
and of his or her parents, if known, and the place and date of birth of
such party. The nearest of kin of the contracting parties shall be
preferred as witnesses, or, in their default, persons of good
reputation in the province or the locality.
The presentation of birth or baptismal certificate shall not be
required if the parents of the contracting parties appear personally
before the local civil registrar concerned and swear to the
correctness of the lawful age of said parties, as stated in the
application, or when the local civil registrar shall, by merely looking
at the applicants upon their personally appearing before him, be
convinced that either or both of them have the required age.
13. In case either of the contracting parties has been previously married,
the applicant shall be required to furnish, instead of the birth or
baptismal certificate required in the last preceding article, the death
certificate of the deceased spouse or the judicial decree of the
absolute divorce, or the judicial decree of annulment or declaration
of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make
an affidavit setting forth this circumstance and his or her actual civil
status and the name and date of death of the deceased spouse.
14. In case either or both of the contracting parties, not having been
emancipated by a previous marriage, are between the ages of
eighteen and twenty-one, they shall, in addition to the requirements
of the preceding articles, exhibit to the local civil registrar, the
consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order
mentioned. Such consent shall be manifested in writing by the
interested party, who personally appears before the proper local civil
registrar, or in the form of an affidavit made in the presence of two
witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in
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both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications.
There is no more emancipation by marriage under the Family Code
The contracting parties between 18 years old and above but below 21
years old of age must obtain the consent of the parents
o Non-compliance will make the marriage annullable
Preference is given to the father to give consent
o If he cannot, the mother, surviving parent or guardian or persons
having legal charge of them in the order mentioned shall give the
consent
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. If they do not obtain such advice, or if it be
unfavorable, the marriage license shall not be issued till after three
months following the completion of the publication of the
application therefor. A sworn statement by the contracting parties to
the effect that such advice has been sought, together with the
written advice given, if any, shall be attached to the application for
marriage license. Should the parents or guardian refuse to give any
advice, this fact shall be stated in the sworn statement.
16. In the cases where parental consent or parental advice is needed,
the party or parties concerned shall, in addition to the requirements
of the preceding articles, attach a certificate issued by a priest, imam
or minister authorized to solemnize marriage under Article 7 of this
Code or a marriage counselor duly accredited by the proper
government agency to the effect that the contracting parties have
undergone marriage counseling. Failure to attach said certificates of
marriage counseling shall suspend the issuance of the marriage
license for a period of three months from the completion of the
publication of the application. Issuance of the marriage license
within the prohibited period shall subject the issuing officer to
administrative sanctions but shall not affect the validity of the
marriage.
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 Should only one of the contracting parties need parental consent or
parental advice, the other party must be present at the counseling
referred to in the preceding paragraph.
Absence of parental advice for contracting parties between the age of
21 and 25 does not affect the marriage
It does not even make the marriage annullable
17. The local civil registrar shall
a. Prepare a notice which shall contain the full names and residences
of the applicants for a marriage license and other data given in the
applications.
b. Notice shall be posted for 10 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.
c. This notice shall request all persons having knowledge of any
impediment to the marriage to advise the local civil registrar
thereof.
d. The marriage license shall be issued after the completion of the
period of publication.
18. In case of any impediment known to the local civil registrar or
brought to his attention
He shall note down the particulars thereof and his findings thereon
in the application for marriage license
But shall nonetheless issue said license after the completion of the
period of publication
Unless ordered otherwise by a competent court at his own
instance or that of any interest party
No filing fee shall be charged for the petition nor a corresponding
bond required for the issuances of the order
Only court intervention directing the non-issuance of the marriage
license can empower the local civil registrar to validly refuse to issue said
license
If, despite an injunction order from court, the local civil registrar
nevertheless issues a marriage license and a marriage is solemnized on
the basis of such marriage license, the marriage will still be valid
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19. The local civil registrar shall
Require the payment of the fees prescribed by law or regulations
before the issuance of the marriage license
No other sum shall be collected in the nature of a fee or tax of any
kind for the issuance of said license
It shall, however, be issued free of charge to indigent parties, that
is those who have no visible means of income or whose income is
insufficient for their subsistence a fact established by their
affidavit, or by their oath before the local civil registrar.
20. The license shall be
Valid in any part of the Philippines
For a period of 120 days from the date of issue
Shall be deemed automatically canceled at the expiration of the
said period if the contracting parties have not made use of it
The expiry date shall be stamped in bold characters on the face of
every license issued.
21. When either or both of the contracting parties are citizens of a
foreign country, it shall be necessary for them before a marriage
license can be obtained, to submit a certificate of legal capacity to
contract marriage, issued by their respective diplomatic or consular
officials.
Stateless persons or refugees from other countries shall, in lieu of
the certificate of legal capacity herein required, submit an affidavit
stating the circumstances showing such capacity to contract
marriage.
A certificate of legal capacity is necessary because the Philippines
adheres to the national law of the contracting parties with respect to
their legal capacity to contract marriage
22. The marriage certificate, in which the parties shall declare that they
take each other as husband and wife, shall also state:
A. The full name, sex and age of each contracting party;
B. Their citizenship, religion and habitual residence;
C. The date and precise time of the celebration of the marriage;
Persons and Family Relations Page 5 of 65
 D. That the proper marriage license has been issued according to law,
except in marriage provided for in Chapter 2 of this Title;
E. That either or both of the contracting parties have secured the
parental consent in appropriate cases;
F. That either or both of the contracting parties have complied with
the legal requirement regarding parental advice in appropriate
cases; and
G. That the parties have entered into marriage settlement, if any,
attaching a copy thereof.
23. 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, to the local civil registrar of the place where the marriage
was solemnized. Proper receipts shall be issued by the local civil
registrar to the solemnizing officer transmitting copies of the
marriage certificate. The solemnizing officer shall retain in his file the
quadruplicate copy of the marriage certificate, the copy of the
marriage certificate, the original of the marriage license and, in
proper cases, the affidavit of the contracting party regarding the
solemnization of the marriage in place other than those mentioned
in Art. 8.
The primary or best evidence of a marriage is the marriage contract or
the marriage certificate
Failure to present a marriage certificate is not fatal in a case where a
marriage is in dispute, as the parties can still rely on the presumption of
marriage
A marriage may be proved by parol evidence
With respect to a marriage ceremony, testimony of an eye witness to be
sufficient should disclose not only the performance of the ceremony by
someone, but that all the circumstances attending it were such as to
constitute it a legal marriage
Legal status of a person to marry, his or her rights and duties are
governed by law on contract and therefore can be a subject of a petition
for declaratory relief
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24. It shall be the duty of the local civil registrar to prepare the
documents required by this Title, and to administer oaths to all
interested parties without any charge in both cases. The documents
and affidavits filed in connection with applications for marriage
licenses shall be exempt from documentary stamp tax.
Any certification issued by the local civil registrar in connection with
any matter involving the marriage of any particular individual within
his or her jurisdiction is given high probative value
25. The local civil registrar concerned shall enter all applications for
marriage licenses filed with him in a registry book strictly in the order
in which the same are received. He shall record in said book the
names of the applicants, the date on which the marriage license was
issued, and such other data as may be necessary.
26. All marriages solemnized outside the Philippines, in accordance with
the laws in force in the country where they were solemnized, and
valid there as such, shall also be valid in this country, except those
prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (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, the Filipino spouse
shall have capacity to remarry under Philippine law.
Common-law marriages obtained abroad by Filipinos are not valid
here
Same sex marriage of Filipinos abroad is invalid here in the Philippines
Chapter 2 MARRIAGES EXEMPTED FROM LICENSE REQUIREMENT
27. In case either or both of the contracting parties are at the point of
death, the marriage may be solemnized without necessity of a
marriage license and shall remain valid even if the ailing party
subsequently survives.
Exemption from marriage license
Reason: anchored on necessity and practicality such as in the case of
marriages in articulo mortis
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28. If the residence of either party is so located that there is no means of
transportation to enable such party to appear personally before the
local civil registrar, the marriage may be solemnized without
necessity of a marriage license.
A sacred institution like marriage should always be encouraged
Without this provision, illicit relationships may proliferate
29. In the cases provided for in the two preceding articles, 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 performed inarticulo mortis
or that the residence of either party, specifying the barrio or
barangay, is so located that there is no means of transportation to
enable such party to appear personally before the local civil registrar
and that the officer took the necessary steps to ascertain the ages
and relationship of the contracting parties and the absence of legal
impediment to the marriage.
The marriage will remain valid even if the ailing part subsequently
survives
33. Marriages among Muslims or among members of the ethnic cultural
communities may be performed validly without the necessity of
marriage license, provided they are solemnized in accordance with
their customs, rites or practices.
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. The
contracting parties shall state the foregoing facts in an affidavit
before any person authorized by law to administer oaths. 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.
2 essential requirements to be exempt:
a. They must live as husband and wife for at least 5 years characterized
by exclusivity and continuity that is unbroken
b. They must be without legal impediment to marry each other
o The legal impediment must be construed to refer only to the time
of the actual marriage celebration

30. The original of the affidavit required in the last preceding article, Chapter 3 VOID AND VOIDABLE MARRIAGES
together with the legible copy of the marriage contract, shall be sent Void ab initio Voidable or Annullable
by the person solemnizing the marriage to the local civil registrar of Considered as having never to have Valid until otherwise declared by the
the municipality where it was performed within the period of thirty taken place and cannot be the source court
days after the performance of the marriage. of rights
Can be attacked collaterally Cannot be assailed collaterally
31. A marriage in articulo mortis between passengers or crew members Can be questioned even after death Can be assailed only during the
may also be solemnized by a ship captain or by an airplane pilot not of either party lifetime of the parties and not after
only while the ship is at sea or the plane is in flight, but also during death of either
stopovers at ports of call. Any proper party may attack Only parties can assail
Can never be ratified or cured
32. A military commander of a unit, who is a commissioned officer, shall 35. The following marriages shall be void from the beginning:
likewise have authority to solemnize marriages in articulo mortis A. Those contracted by any party below eighteen years of age even
between persons within the zone of military operation, whether with the consent of parents or guardians
members of the armed forces or civilians. B. Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or

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 both parties believing in good faith that the solemnizing officer had
the legal authority to do so
C. Those solemnized without license, except those covered the
preceding Chapter
D. Those bigamous or polygamous marriages not failing under Art. 41
E. Those contracted through mistake of one contracting party as to
the identity of the other
F. Those subsequent marriages that are void under Article 53
A void marriage is not valid from its inception
Stepbrothers and stepsisters can validly marry each other
GR: Good faith and bad faith is immaterial in determining whether or
not a marriage is null and void
Exceptions:
1. In believing that a solemnizing officer has authority to solemnize the
marriage
2. A person whose spouse disappears for 4 years or 2 years, in the proper
cases, the present spouse may validly marry again if he or she
a. Has a well-founded belief that his or her spouse is dead
b. Procures a judicial declaration of presumptive death
c. At the time of the subsequent marriage ceremony, is in good faith
together with the subsequent spouse
Good faith and bad faith are material in determining the disposition of
properties
Direct attackfiling a case precisely putting forth as principal issue the
nullity of the marriage
o Under this, only the husband and the wife can file an action
3 cases where direct attack, not collateral attach, on the nullity of
marriage must first be undertaken:
1. For purposes of remarriage on the basis solely of a final judgment
declaring such marriage void
2. For other purposes, such as but not limited to determination of
heirship, legitimacy or illegitimacy of the child, settlement of estate,
dissolution of property regime, or a criminal case where a final
declaration of nullity is necessary
3. If a donor desires to revoke a donation propter nuptias, it is important
that a judicial declaration of nullity of the marriage must first be
obtained
RA Salanga 1-A Persons and Family Relations
putative marriagea matrimonial union which has been solemnized
in due form and good faith on the part of one or of both of the parties
but which by reason of some legal infirmity is either void or voidable
good faithan honest and reasonable belief that the marriage was
valid at its inception, and that no legal impediment exists to impair its
validity
mistake in identityan instance of fraud which makes the marriage
void which covers only those situations in which there has been a
mistake as to the actual physical identity of the other party
36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void even
if such incapacity becomes manifest only after its solemnization.
The determination is left solely with the court on a case-to-case basis
Psychological incapacity must relate to the compliance with the essential
marital obligations
o Lack of understanding of the essential obligations of marriage
o A mental disposition that causes a party to be truly incognitive of the
basic marital covenants that concomitantly must be assumed and
discharged by the parties to the marriage which include their mutual
obligations to live together, observe love, respect and fidelity and
render help and support
o Psychological incapacity must be characterized by:
a. Gravity
b. Juridical antecedence
c. incurability
o Psychological impotence = selective impotency a person may be
psychologically impotent with one but not with another
o The incapacity consists of the following
d. A true inability to commit oneself to the essentials of marriage
e. This inability must refer to the essential obligations of marriage
f. The inability must be tantamount to a psychological abnormality
Insanity v. psychological incapacity
Insanity Psychological incapacity
Ground for voidable marriage Ground for void ab initio marriage
Curable and there are lucid intervals Incurable
Vices of consent Not a species of vices of consent
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 Indicators of psychological incapacity:
a. Fear of a wife, who is afraid of children, to engage in sexual
intercourse
b. Unreasonable attachment by a spouse to his or her family or friends
such that the importance and devotion which should be given to his
or her spouse and children are subordinated
c. A woman who submits herself to sexual intercourse just because she is
obliged to do so, and this happened right from the beginning of
marriage
d. Narcissistic personality
6 elements necessary to the mature marital relationship:
1. Permanent and faithful commitment to the marriage partner
2. Openness to children and partner
3. Stability
4. Emotional maturity
5. Financial responsibility
6. An ability to cope with the ordinary stresses and strains of marriage
Psychological conditions that might lead to the failure of a marriage:
a. Antisocial personality with its fundamental lack of loyalty to persons
or sense of moral values
b. Hyperesthesia, where the individual has no real freedom or sexual
choice
c. Inadequate personality where personal responses consistently fall
short of reasonable expectations
Court may or may not accept the testimony of the psychologist or
psychiatrist because the decision must be based on the totality of
evidence
Guidelines in invoking and proving psychological incapacity:
1. Burden of proof to show nullity of marriage belongs to the plaintiff
2. The root cause of the incapacity must be
a. Medically or clinically identified
b. Alleged in the complaint
c. Sufficiently proven by experts
d. Clearly explained in the decision
3. Incapacity must be proven to be existing at the time of the celebration
of marriage, however, the manifestation of the illness need not be
perceivable at such time
4. Such incapacity must also be shown to be medically or clinically
permanent or incurable
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5. Such illness must be grave
6. Essential marital obligations must be those under Arts. 68 to 71
7. Interpretations given by the National Appellate Matrimonial Tribunal
of the Catholic Church in the Philippines, while not controlling or
decisive, should be given great respect by our courts
8. Trial court must order the prosecuting attorney or fiscal and the Sol
Gen to appear as counsel for the state, however, the certification of
the Sol Gen is not anymore needed
37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or
illegitimate:
A. Between ascendants and descendants of any degree; and
B. Between brothers and sisters, whether of the full or half blood.
Incestuous marriage is universally condemned as grossly indecent,
immoral and inimical to the purity and happiness of the family and the
welfare of future generations
Reasons:
1. Abhorrent to the nature of not only civilized but of barbarous and
semi-civilized people
2. Tend to confuse rights and duties incident to family relations
3. Science and experience have established that such intermarriages very
often result in deficient and degenerate offsprings
38. The following marriages shall be void from the beginning for reasons
of public policy:
A. Between collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree;
B. Between step-parents and step-children;
C. Between parents-in-law and children-in-law;
D. Between the adopting parent and the adopted child;
E. Between the surviving spouse of the adopting parent and the
adopted child;
F. Between the surviving spouse of the adopted child and the adopter;
G. Between an adopted child and a legitimate child of the adopter;
H. Between adopted children of the same adopter; and
I. Between parties where one, with the intention to marry the other,
killed that other person's spouse, or his or her own spouse.
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 Reason: it is the policy of the state to foster a normal, peaceful, and presumptive death of the absentee, without prejudice to the effect
wholesome integral nuclear family unit which would constitute the very of reappearance of the absent spouse.
foundation of society Circumstances are when:
The law does not provide that marriages between collateral blood a. Absent spouse was on a vessel and the same was lost during a sea
relatives by the half-blood are prohibited voyage
Affinitya connection formed by marriage which places the husband in b. Absent spouse was on an airplane which was missing
the same degree of nominal propinquity to the relatives of the wife as c. Absent spouse who was in the armed forces has taken part in the
that in which she herself stands towards them, and give the wife same war
reciprocal connection with the relations of the husband d. Absent spouse has been in danger of death under other
An adopted can validly marry the parents, illegitimate child, and other circumstances
relatives, whether by consanguinity or affinity, of the adopter
42. The subsequent marriage referred to in the preceding Article shall be
39. The action or defense for the declaration of absolute nullity of a automatically terminated by the recording of the affidavit of
marriage shall not prescribe. reappearance of the absent spouse, unless there is a judgment
annulling the previous marriage or declaring it void ab initio.
40. The absolute nullity of a previous marriage may be invoked for A sworn statement of the fact and circumstances of reappearance
purposes of remarriage on the basis solely of a final judgment shall be recorded in the civil registry of the residence of the parties
declaring such previous marriage void. to the subsequent marriage at the instance of any interested person,
Essential elements of Bigamy: with due notice to the spouses of the subsequent marriage and
1. Offender has been legally married
without prejudice to the fact of reappearance being judicially
2. Marriage has not been legally dissolved r in case his or her spouse is
absent, the absent spouse could not yet be presumed dead according determined in case such fact is disputed.
to the Civil Code Judicial declaration of presumptive death is without prejudice to the
3. Offender contracts a second marriage effect of reappearance of the absent spouse because the fact of death
4. Second or subsequent marriage has all the essential requisites for is not really established
validity If the reappearing spouse does not file any sworn statement of
reappearance, the subsequent marriage remains valid and subsisting,
41. A marriage contracted by any person during subsistence of a while the first marriage is likewise considered subsisting
previous marriage shall be null and void, unless before the o As between the 2 marriages, the law or the state shall continue to
protect the second marriage rather than the first
celebration of the subsequent marriage, the prior spouse had been
absent for four consecutive years and the spouse present has a well-
43. The termination of the subsequent marriage referred to in the
founded belief that the absent spouse was already dead. In case of
preceding Article shall produce the following effects:
disappearance where there is danger of death under the
A. The children of the subsequent marriage conceived prior to its
circumstances set forth in the provisions of Article 391 of the Civil
termination shall be considered legitimate;
Code, an absence of only two years shall be sufficient.
B. The absolute community of property or the conjugal partnership, as
For the purpose of contracting the subsequent marriage under the the case may be, shall be dissolved and liquidated, but if either
preceding paragraph the spouse present must institute a summary spouse contracted said marriage in bad faith, his or her share of the
proceeding as provided in this Code for the declaration of net profits of the community property or conjugal partnership
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 property shall be forfeited in favor of the common children or, if
there are none, the children of the guilty spouse by a previous
marriage or in default of children, the innocent spouse;
C. Donations by reason of marriage shall remain valid, except that if
the donee contracted the marriage in bad faith, such donations
made to said donee are revoked by operation of law;
D. The innocent spouse may revoke the designation of the other
spouse who acted in bad faith as beneficiary in any insurance policy,
even if such designation be stipulated as irrevocable; and
E. The spouse who contracted the subsequent marriage in bad faith
shall be disqualified to inherit from the innocent spouse by testate
and intestate succession.
Children conceived during the subsequent marriage under Art. 41, in
cases of presumptive death, and before the termination of the same shall
be considered legitimate
o This status will be maintained even if one of the contracting parties is
in bad faith
44. If both spouses of the subsequent marriage acted in bad faith, 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.
45. A marriage may be annulled for any of the following causes, existing
at the time of the marriage:
A. That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one,
and the marriage was solemnized without the consent of the
parents, guardian or person having substitute parental authority
over the party, in that order, unless after attaining the age of
twenty-one, such party freely cohabited with the other and both
lived together as husband and wife;
B. That either party was of unsound mind, unless such party after
coming to reason, freely cohabited with the other as husband and
wife;
To successfully invoke this ground, there must be such a
derangement of the mind to prevent the party from comprehending
RA Salanga 1-A Persons and Family Relations
the nature of the contract and from giving to it his free and
intelligent consent
C. That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the
fraud, freely cohabited with the other as husband and wife
Fraudnon disclosure or concealment of certain circumstances
which materially affect the essence of marriage
D. That the consent of either party was obtained by force, intimidation
or undue influence, unless the same having disappeared or ceased,
such party thereafter freely cohabited with the other as husband
and wife;
There is intimidation when one of the contracting parties is
compelled by a reasonable and well-grounded fear of an imminent
and grave peril upon his person or property, or upon the person or
property of his spouse, descendants or ascendants, to give his
consent
To determine degree of intimidation, age, sex and condition of the
person shall be borne in mind
E. That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and appears
to be incurable
Permanent inability on the part of one of the spouses to perform
the complete act of sexual intercourse
An incurable nervous disorder on the part of the wife known as
vaginismus which renders sexual coition impossible is good indicator
of inability to perform the marital act
Impotencypermanent and incurable incapacity of one of the
parties to the marriage contract to perform the complete act of
sexual intercourse
When the wife remains a virgin for at least 3 years from the time the
spouses started cohabiting, the husband must show that he was not
impotent during the said period and the burden will be upon him to
overcome the presumption of impotence
Sterility is not impotency, hence, not a ground for annulment
Ratification is made if the injured party freely cohabits with the
guilty party in the proper situations provided by law
F. That either party was afflicted with a sexually-transmissible disease
found to be serious and appears to be incurable
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 Free cohabitation will not ratify the annullable marriage under this C. For causes mentioned in number 3 of Article 45, by the injured
ground party, within five years after the discovery of the fraud;
D. For causes mentioned in number 4 of Article 45, by the injured
46. Any of the following circumstances shall constitute fraud referred to party, within five years from the time the force, intimidation or
in Number 3 of the preceding Article: undue influence disappeared or ceased;
A. Non-disclosure of a previous conviction by final judgment of the E. For causes mentioned in number 5 and 6 of Article 45, by the
other party of a crime involving moral turpitude injured party, within five years after the marriage.
Generally, the crimes punishable under the RPC are crimes Jurisdiction depends upon the nationality or domicile of the parties and
involving moral turpitude not the place of the celebration of marriage
B. Concealment by the wife of the fact that at the time of the Prescriptive periodtime within which a case can be filed in court
marriage, she was pregnant by a man other than her husband Ground Party to File the Suit Prescription Period
Concealment must have been done in bad faith No parental Parent or guardian having Anytime before no-
If a woman misrepresented to her fianc that she was pregnant for Consent legal charge of no-consent consent party reaches the
the purpose of inducing him to marry her when in fact she was not party age of 21
pregnant, such fianc cannot annul the marriage considering that No consent party Within 5 years after
there was in fact no pregnancy concealed attaining 21
C. Concealment of sexually transmissible disease, regardless of its Insanity Sane spouse without Any time before death of
nature, existing at the time of the marriage; or knowledge of insanity either party
D. Concealment of drug addiction, habitual alcoholism or Relative, guardian or person Any time before death of
homosexuality or lesbianism existing at the time of the marriage. having legal charge of insane either party
Insane spouse During lucid interval or
No other misrepresentation or deceit as to character, health, rank, after regaining sanity
fortune or chastity shall constitute such fraud as will give grounds for Fraud Injured party Within 5 years after
action for the annulment of marriage. discovery of fraud
The enumeration is exclusive Vitiated Injured party Within 5 years from time
consent force, intimidation, or
47. The action for annulment of marriage must be filed by the following undue influence
disappeared or ceased
persons and within the periods indicated herein:
Incapability to Injured party Within 5 years after
A. For causes mentioned in number 1 of Article 45 by the party whose
consummate / marriage ceremony
parent or guardian did not give his or her consent, within five years STD
after attaining the age of twenty-one, or by the parent or guardian
or person having legal charge of the minor, at any time before such 48. In all cases of annulment or declaration of absolute nullity of
party has reached the age of twenty-one; marriage, the Court shall order the prosecuting attorney or fiscal
B. For causes mentioned in number 2 of Article 45, by the same assigned to it to appear on behalf of the State to take steps to
spouse, who had no knowledge of the other's insanity; or by any prevent collusion between the parties and to take care that evidence
relative or guardian or person having legal charge of the insane, at is not fabricated or suppressed.
any time before the death of either party, or by the insane spouse
during a lucid interval or after regaining sanity;
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 In the cases referred to in the preceding paragraph, no judgment
shall be based upon a stipulation of facts or confession of judgment.
Procedure:
1. Filing of complaint in the proper RTC
2. After filing, defendant shall be given 15 days from receipt of
summons and a copy of complaint within which to file an answer
3. In the event that defendant answers, court shall order the hearing of
the case
4. In the event that defendant fails to answer, court shall order
prosecuting attorney to investigate whether there is collusion
5. Annulment suit cannot be terminated by way of a compromise
agreement
6. Full-blown hearing must be undertaken
The task of fiscal is to determine if the parties colluded or fabricated
their evidence to get a nullity or annulment of marriage
Collusionparties come up with an agreement making it appear that
the marriage is defective due to existence of any grounds for
annulment or nullity and agreeing to represent such false or non-
existent cause of action before the proper court
49. During the pendency of the action and in the absence of adequate
provisions in a written agreement between the spouses, the Court
shall provide for the support of the spouses and the custody and
support of their common children. 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. It shall also provide for appropriate visitation
rights of the other parent.
50. The effects provided for by paragraphs (2), (3), (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.
The final judgment in such cases shall provide for the liquidation,
partition and distribution of the properties of the spouses, the
custody and support of the common children, and the delivery of
third presumptive legitimes, unless such matters had been
adjudicated in previous judicial proceedings.
RA Salanga 1-A Persons and Family Relations
All creditors of the spouses as well as of the absolute community or
the conjugal partnership shall be notified of the proceedings for
liquidation.
In the partition, the conjugal dwelling and the lot on which it is
situated, shall be adjudicated in accordance with the provisions of
Articles 102 and 129.
51. In said partition, the value of the presumptive legitimes of all
common children, computed as of the date of the final judgment of
the trial court, shall be delivered in cash, property or sound
securities, unless the parties, by mutual agreement judicially
approved, had already provided for such matters.
The children or their guardian or the trustee of their property may
ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in
no way prejudice the ultimate successional rights of the children
accruing upon the death of either of both of the parents; but the
value of the properties already received under the decree of
annulment or absolute nullity shall be considered as advances on
their legitime.
Legitimepart of the testators property which he cannot dispose of
because the law has reserved it for certain heirs who are called
compulsory heirs
Presumptive legitime shall be computed as of the date of the final
judgment of trial court
In void marriages, delivery of the presumptive legitime is generally not
required except only in the void subsequent marriage resulting from
the non-observance of Art. 40 in relation to Arts. 52 and 53
52. The judgment of annulment or of absolute nullity of the marriage,
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; otherwise,
the same shall not affect third persons.
In case of nullity, the properties shall be liquidated in accordance with
the ordinary rules of co-ownership
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 If there were pre-nuptial agreement providing that separation of
property regime governed the marriage, there is no need for
liquidation and partition
Recording in the civil registry and registry of property is necessary to
a. Bind third parties
b. Be able to validly contract a subsequent marriage
If a surviving spouse subsequently remarries without liquidating the
community or conjugal properties of the first marriage, the mandatory
regime of complete separation of property shall govern the property
regime of the subsequent marriage
53. Either of the former spouses may marry again after compliance with
the requirements of the immediately preceding Article; otherwise,
the subsequent marriage shall be null and void.
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.
Children conceived or born of the subsequent marriage under Article
53 shall likewise be legitimate.
Legitimate childrenconceived or born inside an annullable or
voidable marriage
Illegitimate childrenconceived and born outside a valid marriage or
inside a void marriage
Children conceived or born inside under Art. 36 before finality of the
judgment of nullity and those in a marriage which does not comply
with Art. 52 in relation to Art. 53 shall be considered legitimate
TITLE II
LEGAL SEPARATION
55. A petition for legal separation may be filed on any of the following
grounds:
A. Repeated physical violence or grossly abusive conduct directed
against the petitioner, a common child, or a child of the petitioner
This does not include repeated physical violence upon the child of
the respondent or the guilty spouse
RA Salanga 1-A Persons and Family Relations
Physical violenceconnotes the infliction of bodily harm
The act may constitute grossly abusive conduct
B. Physical violence or moral pressure to compel the petitioner to
change religious or political affiliation
One incident of physical violence or moral pressure to compel the
change in religious affiliation or the change in political affiliation can
be a ground for legal separation
C. Attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in prostitution,
or connivance in such corruption or inducement
Both the moral act and the inducement must refer to prostitution
only
A mere attempt is enough to be a ground for legal separation
D. Final judgment sentencing the respondent to imprisonment of more
than six years, even if pardoned
E. Drug addiction or habitual alcoholism of the respondent;
F. Lesbianism or homosexuality of the respondent;
G. Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad
Bigamythe act of illegally contracting a second marriage despite
full knowledge that the first marriage is still validly existing or
without obtaining the needed judicial declaration of presumptive
death of the first spouse
If the bigamous marriage were committed abroad, guilty party
cannot be criminally prosecuted for bigamy in the Philippines as our
penal statutes are territorial in nature
H. Sexual infidelity or perversion
Adultery and concubinage are included in acts of sexual infidelity
Other acts of sexual infidelity are enough so long as said acts would
constitute a clear betrayal of the trust of his or her spouse by having
intimate love affairs with other persons
Sexual perversioninclude sexual perversion with ones spouse and
other sexual practices like oral sexual intercourse but that if one
condones sexual infidelity or perversion, he is estopped from raising
it as a ground
I. Attempt by the respondent against the life of the petitioner
The attempt on the life of the spouse must proceed from an evil
design and not from any justifiable cause
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 J. Abandonment of petitioner by respondent without justifiable cause
for more than one year
Abandonment or desertion must be willful
Act is willful when there is a design to forsake the other spouse
intentionally, or without cause and, therefore, break up the marital
union
Abandonment implies a total renunciation of his or her duties
A separation in which both parties willingly concur is not, in any
sense of the word, a willful desertion of one by the other
For purposes of this Article, the term "child" shall include a child by
nature or by adoption.
A decree of legal separation or relative divorce does not affect the
marital status
o It does not dissolve the marriage
o It involves nothing more than bed-and-board separation
o The decree is terminable at the will of the parties by merely filing a
manifestation in court
Divorcedissolution of the bond of matrimony for some cause arising
after the marriage
Annulment proceedingfor some cause existing at the time of marriage
ceremony, the marriage is terminable
The grounds for legal separation are exclusive
o They may or may not exist at the time of the marriage ceremony since
they usually occur after
56. The petition for legal separation shall be denied on any of the
following grounds:
A. Where the aggrieved party has condoned the offense or act
complained of
Condonationthe act of forgiving the offense after its commission
B. Where the aggrieved party has consented to the commission of the
offense or act complained of
There is consent when either of the spouses agreed to or did not
object, despite full knowledge, to the act of giving rise to a ground
for legal separation, before such act was in fact committed
Consent may be deduced from the acts of the spouses
RA Salanga 1-A Persons and Family Relations
C. Where there is connivance between the parties in the commission
of the offense or act constituting the ground for legal separation
Connivance or procurementdenotes direction, influence, personal
exertion, or other action with knowledge and belief that such action
would produce certain results and which results are produced
D. Where both parties have given ground for legal separation
He who comes into equity must come with clean hands
When 2 persons acted in bad faith, they should be considered as
having acted in good faith
E. Where there is collusion between the parties to obtain decree of
legal separation
Collusioncorrupt agreement
Connivancecorrupt consenting
F. Where the action is barred by prescription.
57. An action for legal separation shall be filed within five years from the
time of the occurrence of the cause.
58. An action for legal separation shall in no case be tried before six
months shall have elapsed since the filing of the petition.
59. No legal separation may be decreed unless the Court has taken steps
toward the reconciliation of the spouses and is fully satisfied, despite
such efforts, that reconciliation is highly improbable.
Whether or not the defendant files an answer to the complaint, no
hearing on the merits shall be set by the courts for 6 months
o Failure to observe the 6-month cooling off period is a ground to set
aside a decision granting legal separation
This 6-month period is designed to give the parties enough time to
further contemplate their positions with the end in view of attaining
reconciliation between themcooling off period
The cooling off period can be dispensed with if the ground for legal
separation involves violence against the woman or the child
What is prevented from being heard during the 6 month period is the
hearing on the merits with respect to the validity or invalidity of the
ground for legal separation
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 o Any other incident such as the determination of the custody of the
children, alimony and support pendent lite may be heard inside the 6-
month cooling off period
60. No decree of legal separation shall be based upon a stipulation of
facts or a confession of judgment.
In any case, 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.
61. After the filing of the petition for legal separation, the spouses shall
be entitled to live separately from each other.
The court, in the absence of a written agreement between the
spouses, shall designate either of them or a third person to
administer the absolute community or conjugal partnership
property. The administrator appointed by the court shall have the
same powers and duties as those of a guardian under the Rules of
Court.
62. During the pendency of the action for legal separation, the
provisions of Article 49 shall likewise apply to the support of the
spouses and the custody and support of the common children.
63. The decree of legal separation shall have the following effects:
A. The spouses shall be entitled to live separately from each other, but
the marriage bonds shall not be severed
A spouse can still be held criminally liable for bigamy, concubinage
or adultery if he or she commits the act
B. 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, which shall be forfeited in
accordance with the provisions of Article 43(2)
C. The custody of the minor children shall be awarded to the innocent
spouse, subject to the provisions of Article 213 of this Code
RA Salanga 1-A Persons and Family Relations
The court may award the custody of the child to a third person if
the court believes that both spouses are not fit to take care of the
child
D. The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in
favor of the offending spouse made in the will of the innocent
spouse shall be revoked by operation of law
Under Art. 921(4), a person can disinherit his or her spouse in a will
if the latter has given cause for legal separation even if he or she has
not yet been found guilty of committing such cause
Under Art. 922, the disinheritance in a will shall be rendered
ineffectual upon the mutual reconciliation of the spouses
64. After the finality of the decree of legal separation, the innocent
spouse may revoke the donations made by him or by her in favor of
the offending spouse, as well as the designation of the latter as
beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable. The revocation of the donations shall be
recorded in the registries of property in the places where the
properties are located. Alienations, 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 of or change in the designation of the 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.
If the donation is void, in the case of a donation in violation of Art.
87, the right to bring an action does not prescribe
The revocation of, or change in, the designation of the insurance
beneficiary shall take effect upon written notification thereof to the
insurer and not to the insured
65. If the spouses should reconcile, a corresponding joint manifestation
under oath duly signed by them shall be filed with the court in the
same proceeding for legal separation.
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 If the legal separation case is still pending, it shall be terminated
If the decree has been issued already, with finality or not, it shall be set
aside
66. The reconciliation referred to in the preceding Articles shall have the
following consequences:
A. The legal separation proceedings, if still pending, shall thereby be
terminated at whatever stage; and
B. The final decree of legal separation shall be set aside, but the
separation of property and any forfeiture of the share of the guilty
spouse already effected shall subsist, unless the spouses agree to
revive their former property regime.
The court's order containing the foregoing shall be recorded in the
proper civil registries.
67. The agreement to revive the former property regime referred to in
the preceding Article shall be executed under oath and shall specify:
A. The properties to be contributed anew to the restored regime;
B. Those to be retained as separated properties of each spouse; and
C. The names of all their known creditors, their addresses and the
amounts owing to each.
The agreement of revival and the motion for its approval shall be filed
with the court in the same proceeding for legal separation, with copies
of both furnished to the creditors named therein. After due hearing, the
court shall, in its order, take measure to protect the interest of creditors
and such order shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property shall not
prejudice any creditor not listed or not notified, unless the debtor-
spouse has sufficient separate properties to satisfy the creditor's claim.
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
68. The husband and wife are obliged to live together, observe mutual
love, respect and fidelity, and render mutual help and support.
RA Salanga 1-A Persons and Family Relations
Procreation is also an essential marital obligation considering that
procreation of children through sexual cooperation is the basic end of
marriage
Except for support, a court cannot validly issue a decision compelling
the spouses to live together, observe mutual love, respect and fidelity
There can be no action for damages merely because of a breach of
marital obligation
o Other remedies can be availed of under Arts. 19, 20 and 21
69. The husband and wife shall fix the family domicile. In case of
disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the
latter should live abroad or there are other valid and compelling
reasons for the exemption. However, such exemption shall not apply
if the same is not compatible with the solidarity of the family.
Domicile of a natural person is the place of his or her habitual
residence
A minor follows the domicile of his or her parents
70. The spouses are jointly responsible for the support of the family. The
expenses for such support and other conjugal obligations shall be
paid from the community property and, in the absence thereof, from
the income or fruits of their separate properties. In case of
insufficiency or absence of said income or fruits, such obligations
shall be satisfied from the separate properties.
71. The management of the household shall be the right and the duty of
both spouses. The expenses for such management shall be paid in
accordance with the provisions of Article 70.
72. When one of the spouses neglects his or her duties to the conjugal
union or commits acts which tend to bring danger, dishonor or injury
to the other or to the family, the aggrieved party may apply to the
court for relief.
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73. Either spouse may exercise any legitimate profession, occupation,
business or activity without the consent of the other. The latter may
object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
A. The objection is proper; and
B. Benefit has occurred to the family prior to the objection or
thereafter. If the benefit accrued prior to the objection, the
resulting obligation shall be enforced against the separate
property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors who
acted in good faith.
The law does not make it a requirement that a spouse has to get the
prior consent of the other before entering into any legitimate profession,
occupation, business or activity
If the husband compels the wife, the purpose or effect of controlling or
restricting her movement or conduct, these are considered acts of
violence against women under RA 9262 which is punishable
TITLE IV
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
Chapter 1 GENERAL PROVISIONS
74. The property relationship between husband and wife shall be
governed in the following order:
A. By marriage settlements executed before the marriage;
B. By the provisions of this Code; and
C. By the local custom
The agreement must be in writing, signed by the parties, and made prior
to the celebration of the marriage
The contracting parties can stipulate or agree on any arrangement in
their marriage settlement that is not contrary to law and public policy
and is within the limits provided in the Family Code
Customas a rule of conduct formed by repetition of acts uniformly
observed as a social rule, legally binding and obligatory
75. The future spouses may, in the marriage settlements, agree upon the
regime of absolute community, conjugal partnership of gains,
RA Salanga 1-A Persons and Family Relations
complete separation of property, or any other regime. In the
absence of a marriage settlement, or when the regime agreed upon
is void, the system of absolute community of property as established
in this Code shall govern.
In weighing the fairness and reasonableness of the provision, the
following must be considered:
a. Relative situation of the parties
b. Respective ages, heath and experience
c. Their respective properties
d. Their family ties and connections
e. Spouses needs and such factors as tend to show that the agreement
was understandingly made
76. In order that any modification in the marriage settlements may be
valid, it must be made before the celebration of the marriage,
subject to the provisions of Articles 66, 67, 128, 135 and 136.
77. The marriage settlements and any modification thereof shall be in
writing, signed by the parties and executed before the celebration of
the marriage. They shall not prejudice third persons unless they are
registered in the local civil registry where the marriage contract is
recorded as well as in the proper registries of properties
78. A minor who according to law may contract marriage may also
execute his or her marriage settlements, 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, subject to the
provisions of Title IX of this Code.
The phrase a minor who according to law may contract marriage
has been impliedly repealed considering that no minor now may
contract a valid marriage
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, it shall be indispensable for the
guardian appointed by a competent court to be made a party
thereto.
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 Civil interdiction shall deprive the offender during the time of his
sentence of the rights of parental authority, or guardianship, either as
to the person or property of any ward, of marital authority, of the
right to manage his property, and of the right to dispose of such
property by any act or any conveyance inter vivos
80. In the absence of a contrary stipulation in a marriage settlement, the
property relations of the spouses shall be governed by Philippine
laws, regardless of the place of the celebration of the marriage and
their residence.
This rule shall not apply:
A. Where both spouses are aliens
B. 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
C. 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
81. Everything stipulated in the settlements or contracts referred to in
the preceding articles in consideration of a future marriage, including
donations between the prospective spouses made therein, shall be
rendered void if the marriage does not take place. However,
stipulations that do not depend upon the celebration of the
marriages shall be valid
Chapter 2 DONATIONS BY REASON OF MARRIAGE
82. Donations by reason of marriage are those which are made before
its celebration, in consideration of the same, and in favor of one or
both of the future spouses
These are called donation propter nuptias
It is indispensable for the donation to be valid to follow this article
RA Salanga 1-A Persons and Family Relations
83. These donations are governed by the rules on ordinary donations
established in Title III of Book III of the Civil Code, insofar as they are
not modified by the following articles
The donee must accept the donation personally, or through an
authorized person with a special power of attorney for the purpose,
with a general or sufficient power; otherwise, the donation shall be
void
The acceptance must be made during the lifetime of the donor and the
donee
Oral donation requires simultaneous delivery of the thing or of the
document representing the right donated
If the value of the thing donated exceeds P5000, the donation and the
acceptance shall be in writing; otherwise, it is void
In donations of immovable, it must be made in a public instrument,
specifying the property donated and the value of the charges which
the donee must satisfy
84. If the future spouses agree upon a regime other than the absolute
community of property, they cannot donate to each other in their
marriage settlements more than one-fifth of their present property.
Any excess shall be considered void.
Donations of future property shall be governed by the provisions on
testamentary succession and the formalities of wills.
Donation propter nuptias of future property may be handwritten,
however, it must entirely be handwritten, dated and signed by the
donor
The not more than 1/5 limitation is not applicable in case the
donation propter nuptias is made in a separate deed of donation
85. Donations by reason of marriage of property subject to
encumbrances shall be valid. In case of foreclosure of the
encumbrance and the property is sold for less than the total amount
of the obligation secured, the donee shall not be liable for the
deficiency. If the property is sold for more than the total amount of
said obligation, the donee shall be entitled to the excess
Donationact of liberality
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 If the object of the donation is subject to an encumbrance, the
donation is still valid
86. A donation by reason of marriage may be revoked by the donor in
the following cases:
A. If the marriage is not celebrated or judicially declared void ab initio
except donations made in the marriage settlements, which shall be
governed by Article 81;
B. When the marriage takes place without the consent of the parents
or guardian, as required by law;
C. When the marriage is annulled, and the donee acted in bad faith;
D. Upon legal separation, the donee being the guilty spouse;
E. If it is with a resolutory condition and the condition is complied
with;
F. When the donee has committed an act of ingratitude as specified by
the provisions of the Civil Code on donations in general
87. Every donation or grant of gratuitous advantage, direct or indirect,
between the spouses during the marriage shall be void, except
moderate gifts which the spouses may give each other on the
occasion of any family rejoicing. The prohibition shall also apply to
persons living together as husband and wife without a valid
marriage.
Moderate gifts will depend on a case-to-case basis especially
considering the financial capacity of the donor
The validity of the donation or transfer cannot be challenged by those
who bore absolutely no relation to the parties to the transfer at the
time it occurred and had no rights or interests inchoate, present,
remote, or otherwise, in the property in question at the time transfer
occurred
Reserve troncalit provides that the ascendant who inherits from his
descendant any property which the latter may have acquired by
gratuitous title from another ascendant, or a brother or sister, is
obliged to reserve such property as he may have acquired by operation
of law for the benefit of relatives who are within the third degree and
who belong to the line from which said property came
RA Salanga 1-A Persons and Family Relations
Chapter 3 SYSTEM OF ABSOLUTE COMMUNITY
Section 1 GENERAL PROVISIONS
88. The absolute community of property between spouses shall
commence at the precise moment that the marriage is celebrated.
Any stipulation, express or implied, for the commencement of the
community regime at any other time shall be void.
All properties owned by the contracting parties before the marriage
ceremony and those which they may acquire thereafter shall comprise
the absolute community of property regime
The spouses become co-owners of all the properties in an absolute
community of property regime
An alien married to a Filipino cannot have any interest in the
community or partnership property
89. No waiver of rights, shares and effects of the absolute community of
property during the marriage can be made except in case of judicial
separation of property.
When the waiver takes place upon a judicial separation of property,
or after the marriage has been dissolved or annulled, the same shall
appear in a public instrument and shall be recorded as provided in
Article 77. 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.
90. The provisions on co-ownership shall apply to the absolute
community of property between the spouses in all matters not
provided for in this Chapter.
Section 2 WHAT CONSTITUTES COMMUNITY PROPERTY
91. Unless otherwise provided in this Chapter or in the marriage
settlements, 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.
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92. The following shall be excluded from the community property: 3. Debts and obligationscontracted by either spouse without the
A. Property acquired during the marriage by gratuitous title by either consent of the other to the extent that the family may have been
spouse, and the fruits as well as the income thereof, if any, unless it benefited
is expressly provided by the donor, testator or grantor that they If it were contracted prior to the marriage
shall form part of the community property; o ACP shall be liable for as long as it redounded to the benefit of
B. Property for personal and exclusive use of either spouse. However, the family
jewelry shall form part of the community property; o Separate property shall be liable if it did not redound to the
C. Property acquired before the marriage by either spouse who has benefit of the family
legitimate descendants by a former marriage, and the fruits as well 4. Taxes, liens, charges and expenses
as the income, if any, of such property a. Including major or minor repairs upon the community property
4 excluded properties from ACP: Can be done even without the consent of the other spouse following
1. Under marriage settlement the rules on co-ownership
2. By gratuitous title which includes fruits as well as income of the 5. Taxes and expenses for mere preservation of separate property of
subject matter acquired either spouse used by the family
3. For Personal and Exclusive Use 6. Self-improvement
4. Properties from previous marriage a. Expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self-
93. Property acquired during the marriage is presumed to belong to the improvement
community, unless it is proved that it is one of those excluded 7. Antenuptial debts of either spouse insofar as they have redounded
therefrom. to the benefit of the family
8. The value of what is donated or promised by both spouses in favor
Section 3 CHARGES UPON AND OBLIGATIONS OF THE ABSOLUTE of their common legitimate children for the exclusive purpose of
COMMUNITY commencing or completing a professional or vocational course or
other activity for self-improvement;
94. The ACP shall be liable for:
The donation must be made by both of the spouses to make it a
1. Support
valid donation
a. Spouses
9. Ante-nuptial debts of either spouse other than those falling under
b. Their common children
paragraph (7) of this Article
c. Legitimate children of either spouse
a. the support of illegitimate children of either spouse
The support of illegitimate children shall be governed by the
b. liabilities incurred by either spouse by reason of a crime or a
provisions of this Code on Support
quasi-delict
The support of illegitimate children shall be taken from the
separate property of the parent-spouse In case of absence or insufficiency of the exclusive property of the
2. Debts and obligationscontracted during the marriage by the debtor-spouse, the payment of which shall be considered as
a. Designated administrator-spouse for the benefit of the advances to be deducted from the share of the debtor-spouse
community upon liquidation of the community
b. Both spouses The separate property of the erring spouse shall be liable to pay the
c. One spouse with the consent of other obligation or debt arising from crime or quasi-delict, but if the

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

 separate property is insufficient, the ACP shall pay but as an advance
to be deducted from the share of the debtor upon liquidation of the
ACP
Quasi-delictwhoever by act or omission cause damage to another,
there being fault or negligence where there is no pre-existing
contractual relation between parties, is obliged to pay for the damage
done
10. Expenses of litigation between the spouses unless the suit is found
to be groundless.
Provided that the suit is between the husband and the wife and that
the case is not groundless.
ACP will also be liable in suits not involving cases between spouses
for as long as the suit benefits the family
If the community property is insufficient to cover the foregoing
liabilities, except those falling under paragraph (9), the spouses shall
be solidarily liable for the unpaid balance with their separate
properties.
Solidary obligationsthose where several creditors or debtors or both
concur, and where each creditor has the right to demand and each
debtor is bound to perform, in its entirety, the prestation constituting
the object of obligation
Insolvency of spouses
o So long as the ACP subsists, its property shall not be among the
assets to be taken possession of by the assignee for the payment of
the insolvent debtors obligations, except insofar as the latter have
redounded to the benefit of the family
o If both spouses maintain their joint administration, and one of them
becomes insolvent, the right of the insolvent spouse to jointly
administer may be legally curtailed by the court, thereby making the
other non-insolvent spouse the sole administrator
95. Game of chance, betting, sweepstakes or any kind of gambling,
whether permitted or prohibited by law
Whatever may be lost during the marriage shall be borne by the
loser and shall not be charged to the community
but any winnings therefrom shall form part of the community
property
RA Salanga 1-A Persons and Family Relations
but if the ticket was given to a spouse by gratuitous title, the income
thereof should belong to the separate property of the said spouse
96. The administration and enjoyment of the community property shall
belong to both spouses jointly.
Spouses are co-owners of the properties they introduced into the
marriage and acquired thereafter except those as may be excluded in
the marriage settlement and those listed in Art. 92
Joint administration does not require that the spouses always act
together
None of the co-owners shall, without the consent of the other, make
alterations in the thing owned in common, even though benefits for
all would result therefrom
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
the paternal favor is only to prevent a void or vacuum in case
disagreement arises
In the event that one spouse is incapacitated or otherwise unable to
participate in the administration of the common properties, the
other spouse may assume sole powers of administration
A summary proceeding is need if the other spouse is absent, separated
in fact, abandoned, or the consent is withheld
If the subject spouse is incompetent, the proper remedy is a judicial
guardianship and not a summary proceeding under the Family Code:
Comatose or semi-comatose
Victim of stroke
Cerebrovascular accident without motor and mental faculties
Diagnosis of brain stem infarct
These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In
the absence of such authority or consent, the disposition or
encumbrance shall be void
However, the transaction shall be construed as a continuing offer on
the part of the consenting spouse and the third person, and may be
perfected as a binding contract upon the acceptance by the other
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 spouse or authorization by the court before the offer is withdrawn
by either or both offerors
99. The ACP terminates:
The sale of property by the registered owner to the third person, who
is an innocent purchaser-for-value and who is in good faith, cannot be
voided
But if the buyer acted in bad faiththe sale can be voided
97. Either spouse may dispose by will of his or her interest in the
community property
Willan act whereby a person is permitted, with the formalities
prescribed by law, to control to a certain degree the disposition of his
estate, to take effect after his death
Legitimepart of the testators property which cannot be disposed of
because the law has reserved it for certain heirs who are therefore called
compulsory heirs
A spouse can validly dispose any of his or her specific separate
properties in a will provided it will not infringe on the legitime of the
compulsory heirs
In community property, the spouse can only dispose of his or her
interest in the community property and not a specific property
98. Neither spouse may donate any community property without the
consent of the other
The prohibition intends to protect the latters share from the
prodigality of a reckless or faithless spouse
Even with the consent of the other, a spouse cannot make a
substantial donation, direct or indirect, to the consenting spouse
during the marriage
However, either spouse may, without the consent of the other, make
moderate donations from the community property for charity or on
occasions of family rejoicing or family distress
Whether a donation is moderate or not depends upon the financial
situation of the spouses and the ACP regime
RA Salanga 1-A Persons and Family Relations
Section 5 DISSOLUTION OF ABSOLUTE COMMUNITY REGIME
The termination of ACP does not necessarily mean the termination
of the marriage
1. Upon the death of either spouse;
Civil personality is extinguished by death
Upon the termination of marriage by death, the ACP shall be
liquidated in the same proceeding for the settlement of the estate of
the deceased (Art. 103)
2. When there is a decree of legal separation;
ACP shall be dissolved and liquidated but the offending spouse shall
have no right to any share of the net profits earned which shall be
forfeited in accordance with Art. 43(2)
3. When the marriage is annulled or declared void
Annulment:
o shall provide for the liquidation, partition and distribution of the
properties of the spouses, the custody and support of the
common children, and the delivery of their presumptive legitime
o The spouse who acted in bad faith shall be forfeited to acquire
his/her share in the net profits
Nullity:
o There is no ACP in a void marriage
o Shall be liquidated in accordance with the rules on co-ownership
provided in the Civil Code
o The spouse who acted in bad faith shall be forfeited to acquire his
or her share in the net profits
4. In case of judicial separation of property during the marriage under
Articles 134 to 138
Judicial separation of property may be
o Voluntary
the parties can file the agreement for separation of property in
court to obtain the necessary court approval
after approval, the parties can nevertheless file a revival of their
property regime, and once revived, no voluntary separation of
property may thereafter be granted
o Involuntaryit must be for a sufficient cause and must likewise
have court approval
sentence of a penalty with civil interdiction
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 judicially declared an absentee
loss of parental authority
abandonment
abuse of power of a spouse granted with the power of
administration
separation in fact for at least 1 year with improbable
reconciliation
100. The separation in fact between husband and wife shall not affect
the regime of absolute community except that:
Generally, the ACP will not be affected by the separation in fact
between spouses
1. The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be
supported
If the spouse left with a valid cause
o he or she can still be supported from the ACP
o ACP can still be held liable for all obligations incurred by the
separating spouse that may redound to the benefit of the family
If the spouse left without a valid cause
o he or she will not be supported by the ACP
o however, ACP may still be held liable for the expenses he or she
might have incurred for the benefit of the family
2. When the consent of one spouse to any transaction of the other is
required by law, judicial authorization shall be obtained in a
summary proceeding
Any of the spouses, whether or not he/she was the one who left the
conjugal home without a valid cause, can seek judicial relief
3. In the absence of sufficient community property, the separate
property of both spouses shall be solidarily liable for the support of
the family.
The spouse present shall, upon proper petition in a summary
proceeding, be given judicial authority to administer or encumber
any specific separate property of the other spouse and use the
fruits or proceeds thereof to satisfy the latter's share
The authority is limited to only one purpose:
RA Salanga 1-A Persons and Family Relations
o To enable the present spouse to satisfy the other spouses share in
the obligations used to support the family which should be totally
paid by the ACP had it not been for its insufficiency
101. If a spouse without just cause abandons the other or fails to comply
with his or her obligations to the family, the aggrieved spouse may
petition the court for receivership, for judicial separation of property or
for authority to be the sole administrator of the ACP, subject to such
precautionary conditions as the court may impose
Failure to comply also include abuse
Abuseconnotes willful and utter disregard of the interest of the
partnership, evidenced by a repetition of deliberate acts and/or
omissions prejudicial to the latter
The obligations to the family mentioned in the preceding paragraph
refer to marital, parental or property relations
A spouse is deemed to have abandoned the other when her or she
has left the conjugal dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a period of three
months or has failed within the same period to give any information
as to his or her whereabouts shall be prima facie presumed to have
no intention of returning to the conjugal dwelling
Abandonmentimplies a departure by one spouse with the avowed
intent never to return, followed by prolonged absence without just
cause, and without in the meantime providing in the least for ones
family able to do so
Abandonment must not only be physical estrangement but also amount
to financial and moral desertion
Section 2 LIQUIDATION OF THE ABSOLUTE COMMUNITY ASSETS AND
LIABILITIES
102. Upon dissolution of the ACP regime, the following procedure shall
apply:
1. Inventory shall be prepared
o listing separately all the properties of the ACP and the exclusive
properties of each spouse
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 In the appraisal of the properties, it is not the purchase but the
market or, in default thereof, the assessed value at the time of the
liquidation that must be taken into account
2. Debts and obligations of the ACP
o shall be paid out of its assets
o In case of insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their separate
properties in accordance with Art. 94(2)
3. Whatever remains of the exclusive properties of the spouses shall
thereafter be delivered to each of them
4. Net remainder of the properties of the ACP
o shall constitute its net assets, which shall be divided equally
between spouses, unless a different proportion or division was
agreed upon in the marriage settlements, or unless there has
been a voluntary waiver of such share provided in this Code
o For purpose of computing the net profits subject to forfeiture in
accordance with Art. 43(2) and Art. 63(2), the said profits shall be
the increase in value between the market value of the
community property at the time of the celebration of the
marriage and the market value at the time of its dissolution
5. The presumptive legitimes of the common children shall be
delivered upon partition, in accordance with Art. 51
Presumptive legitime is delivered only after the finality of a judicial
decree of annulment on grounds of Art. 45 or of nullity of a
subsequent void marriage under Art. 40 in relation to Arts. 52 and
53
Delivery of presumptive legitime need not be made in cases of legal
separation or in case of a judicially declared void marriage other than
in a subsequent void marriage as a result of non-observance of Art.
40
6. Conjugal dwelling and lot
o shall be adjudicated to the spouse with whom the majority of
the common children choose to remain
o Unless otherwise agreed upon by the parties
Children below the 7 years old are deemed to have chosen the
mother, unless the court has decided otherwise
o In case there in no such majority, the court shall decide, taking
into consideration the best interests of said children
RA Salanga 1-A Persons and Family Relations
103. Upon the termination of the marriage by death, the ACP shall be
liquidated in the same proceeding for the settlement of the estate of the
deceased
Termination by death:
ACP shall be inventoried, administered and liquidated and the debts
thereof paid
If the dead spouse left no will and there is no debt
Heirs of legal age or minors duly represented by their judicial or
legal representatives may, without securing letters of administrator
from the court, divide the estate among themselves
o If no judicial settlement proceeding is instituted, the surviving
spouse shall liquidate the ACP either judicially or extra-judicially
within 6 months from the death of the deceased spouse
o If upon the lapse of the 6 months, no liquidation is made, any
disposition or encumbrance involving the ACP of the terminated
marriage shall be void
Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations
of the subsequent marriage
104. Whenever the liquidation of the community properties of two or
more marriages contracted by the same person before the effectivity of
this Code is carried out simultaneously, the respective capital, fruits and
income of each community shall be determined upon such proof as may
be considered according to the rules of evidence. In case of doubt as to
which community the existing properties belong, the same shall be
divided between the different communities in proportion to the capital
and duration of each
Simultaneous liquidation of the community properties of each of the
two marriages contracted prior to Aug. 3 1988
Five scenarios:
1. Durationequal
Actual assetsunknown
Inventoried assetsknown (P15 000)
P15 000 will be divided equally to each marriage because the duration
is the same
Page 25 of 65
 2. Durationknown already acquired in accordance with the Civil Code or other laws, as
Actual assetsunknown provided in Art. 256
Inventoried assetsknown (P15 000)
If 1st marriage lasted for 2 years, it will get 2/5 of P15 000 106. Under the regime of CPG
the husband and wife place in a common fund the
If the 2nd marriage lasted for 3 years, it will get 3/5 of the P15 000
o proceeds
3. Durationequal o products
Actual assetsknown o fruits
Inventoried assetsknown (P 15 000) o income from their
If the value of actual asset of 1st marriage is P1000, it will get 1/3 of separate properties
P15 000 those acquired by either or both spouses through their efforts or
by chance
If the value of actual asset of 2nd marriage is P2000, it will get 2/3 of
upon dissolution of the marriage or of the partnership, the net gains
P15 000
or benefits obtained by either or both spouses shall be divided
4. Durationknown equally between them, unless otherwise agreed in the marriage
Actual assetsequal settlements
Inventoried assetsknown (P15 000) Regime of CPG shall place in common fund the fruits their separate
If the 1st marriage lasted for 2 years, it will get 2/5 of P15 000 properties and the income from their work or industry
Fruits of paraphernal propertiesseparate property of the wife, form
If the 2nd marriage lasted for 3 years, it will get 3/5 of P15 000 part of the assets of the CPG and are therefore subject to the payment
5. Durationknown of the debts and expenses of the spouses, but not to the payment of the
Actual assetsknown personal obligation of the husband, unless it be proved that such
Inventoried assetsknown (P15 000) obligations were productive of some benefit to the family
effortan activity or undertaking which may or may not be rewarded
1st marriage: duration (2 years) multiply by actual asset (P1000), it will
get 2/8 of P15 000 chanceactivities like gambling or betting

2nd marriage: duration (3 years) multiply by actual asset (P2000), it will
get 6/8 of P15 000
Chapter 4 CONJUGAL PARTNERSHIP OF GAINS
Section 1 GENERAL PROVISIONS
105. Regime of conjugal partnership of gains
In case the future spouses agree in the marriage settlements that
CPG will govern their property relations, the provisions in this
Chapter shall be of supplementary application
This shall also apply to CPG already established between spouses
before the effectivity of this Code, without prejudice to vested rights
RA Salanga 1-A
107. The rules provided in Arts. 88 and 89 shall also apply to conjugal
partnership of gains
Art. 88The application of CPG shall commence at the precise
moment when the marriage ceremony is celebrated
Art. 89No waiver of rights, interests, shares, and effects of the CPG
can be made during the marriage except upon judicial separation of
property
108. The CPG 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
Persons and Family Relations Page 26 of 65
 Section 2 EXCLUSIVE PROPERTY OF EACH SPOUSE
109. The following shall be the exclusive property of each spouse: (that
which is)
1. Brought to the marriage as his or her own
all properties brought into the marriage by the contracting parties
belong to each of them exclusively
hence, they can exercise all rights of dominion or of ownership over
these exclusive properties
2. Acquired during the marriage by gratuitous title
Anything received by each spouse from any source by way of an act
of liberality of the giver, such as donation or a gift, shall belong
exclusively to the spouse-recipient and will not belong to the CPG
These include moderate gifts given by one spouse to another during
family occasions
However, the income and the fruits of the property acquired by
gratuitous title shall be considered conjugal
3. Acquired by right of redemption, by barter or by exchange with
property belonging to only one of the spouses
Redemptionthe property shall belong to the spouse who has the
right to redeem regardless of whether or not he or she uses personal
funds
o When conjugal funds are used, the spouse making the redemption
shall be liable to the CPG for the reimbursement of the amount
used to redeem his or her exclusive property
o Absence of proof on the right to redemptionpresumption is to
form part of the CPG
4. purchased with exclusive money of the wife or of the husband
110. The spouses retain the ownership, possession, administration and
enjoyment of their exclusive properties
Either spouse may, during the marriage
o transfer the administration of his or her exclusive property to the
other
by means of a public instrumentrecorded in the registry of
property of the place the property is located
even when there is a transfer of administration, the owner-spouse may
still donate, encumber, or otherwise alienate the property
RA Salanga 1-A Persons and Family Relations
he/she may also transfer the administration to a stranger even without
the consent his/her spouse
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, and appear alone in court to litigate with regard to the same
not a valid law anymore because of lowering the age of majority and the
age of emancipation to 18 y/o
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
113. Property donated or left by will to the spouses
a. jointly and with designation of determinate shares
b. absence of designation, share and share alike, without prejudice to
the right of accretion when proper
shall pertain to the donee-spouses as his or her own exclusive
property
Accretionincorporation or addition of property to another
Scenarios for right of accretion to apply:
1. A donor provided that of the property will go to the wife and
will go to the husband; but when the wife does not accept, the
husband, through right of accretion, gets the entire property
2. If the spouses were validly given a property in a will which provided
that will go to the wife and will go to the husband; and if the
wife renounces, the husband, through right of accretion, gets the
entire property because the inheritance is still pro indiviso (not divided)
Scenarios for right of accretion not to apply:
1. If the donor provides in the deed that no right of accretion shall be
available
2. If the designation is not of determinate shares but of determinate
properties like a house or a car
3. If the testator gives the spouses the school buildings where the
building in Manila will go to the wife and the building in Cebu to the
husband, the right of accretion will not apply because the inheritance
is not pro indiviso
Page 27 of 65
114. If the donations are onerous, the amount of the charges shall be
borne by the exclusive property of the done-spouse, whenever they
have been advanced by the conjugal partnership of gains
If CPG is used to pay the obligations attached to an onerous donation,
the done-spouse shall reimburse the CPG but the property remains to
be his/her exclusive property
However, taxes and expenses for mere preservation upon the separate
properties made during the marriage shall be chargeable to the CPG
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
Gratuityact of liberality; separate property
Annuityrecipient is entitled to it as a matter of right; hence, it is not a
gratuity and is part of CPG
Pensionsnature of compensation for services previously rendered; not
considered as donations or gratuities and are part of the CPG
Section 3 CONJUGAL PARTNERSHIP PROPERTY
116. All property acquired during the marriage, whether the acquisition
appears to have been made, contracted or registered in the name of one
or both spouses, is presumed to be conjugal unless the contrary is
proved
Proof of acquisition during the coverture is a condition sine qua non for
the operation of the presumption in favor of conjugal ownership
117. The following are CPG properties:
1. Acquired by onerous title during the marriage at the expense of
the common fund, whether the acquisition be for the partnership,
or for only one of the spouses
Acquisition by onerous title from common fund belongs to the
CPG
2. Obtained from the labor, industry, work or profession of either or
both of the spouses
It also includes those acquired through occupation such as fishing or
hunting
RA Salanga 1-A Persons and Family Relations
3. The fruits, natural, industrial, or civil, due or received during the
marriage from the common property, as well as the net fruits from
the exclusive property of each spouse
Net fruitsthat which remained from the fruits after payment of
debts
4. Share of either spouse in the hidden treasure which the law
awards to the finder or owner of the property where the treasure
is found
Hidden treasureartifacts or objects which have undergone
transformation from their original raw state such as earrings,
necklaces, bracelets and the like
Treasureany hidden and unknown deposit of money, jewelry or
other precious objects, the lawful ownership to which does not
appear (Art. 439 of the Civil Code)
Art. 519 of the Civil Code provides that mining claims and rights
and other matters concerning minerals and mineral lands are
governed by special laws
Gold nuggets, precious stones in their raw state, oil and the like are
not treasures
5. Those acquired through occupation such as fishing or hunting
6. Livestock existing upon the dissolution of the partnership in excess
of the number of each kind brought to the marriage by either
spouse
7. Acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be borne exclusively by the loser-
spouse
Gross incomeincludes prize and winnings derived from whatever
source
118. Property bought on installments
o 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
in this instance, the conjugal funds would only be entitled to
reimbursement for the expense upon liquidation of partnership
to the conjugal partnership if such ownership was vested during
the marriage
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 in this instance, the spouse who contracted the purchase shall
have the right to be reimbursed by the CPG upon liquidation
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
119. Whenever an amount or credit payable within a period of time
belongs to one of the spouses, the sums which may be collected during
the marriage in partial payments or by installments on the principal shall
be the exclusive property of the spouse
A third person borrowed P1M from Ann, wife of Harold, and agreed to
pay it within 10 months with 2% interest each month
The P1M will belong exclusively to Ann
However, interests falling due during the marriage on the principal
shall belong to the conjugal partnership
But, the sum of P20 000, which constitutes the 2% interest for 10
months, shall belong to the CPG contemplated as fruits of such
property
120. The ownership of improvements, whether for utility or adornment,
made on the separate property of the spouses at the expense of the
partnership or through the acts or efforts of either or both spouses shall
pertain to the conjugal partnership, or to the original owner-spouse,
subject to the following rules:
a. When the cost of the improvement made by the CPG and any
resulting increase in value are more than the value of the property
at the time of the improvementthe entire property of one of the
spouses shall belong to the CPG subject to reimbursement of the
value of the property of the owner-spouse at the time of the
improvement
Example:
The wife owned a land worth P50 000. She and her husband
constructed a house on the land using the conjugal fund which cost
P20 000, and after construction, the house and lot costs P110 000.
The sum of improvement (P20 000) and increase in value of the
property (P40 000) is P60 000 which is more than the value of the
property at the time of the improvement, so it will belong to the
CPG
RA Salanga 1-A Persons and Family Relations
b. Otherwise, said property shall be retained in ownership by the
owner-spouse, likewise subject to reimbursement of the cost of
the improvement
Example:
The wife owned a land worth P50 000. She and her husband
constructed a house on the land using the conjugal fund which cost
P20 000, and after construction, the house and lot costs P90 000.
The sum of improvement (P20 000) and increase in value of the
property (P20 000) is P40 000 which is less than the value of the
property at the time of the improvement, so it will belong to the
owner-spouse
In either case, the ownership of the entire property shall be vested
upon the reimbursement, which shall be made at the time of the
liquidation of the CPG
In above cases, reimbursement should be made to determine the full
ownership of the properties
Section 4 CHARGES UPON AND OBLIGATIONS OF THE CONJUGAL
PARTNERSHIP
121. The conjugal partnership shall be liable for:
1. Support
a. Spouse
b. their common children
c. legitimate children of either spouse
d. however, the support of illegitimate children shall be governed
by the provisions of this Code on Support
2. All debts and obligations contracted during the marriage by the
a. designated administrator-spouse for the benefit of the conjugal
partnership of gains
b. both spouses
c. one of them with the consent of the other
3. Debts and obligations contracted by either spouse without the
consent of the other to the extent that the family may have
benefited
4. All taxes, liens, charges, and expenses, including major or minor
repairs upon the conjugal partnership property;
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 5. All taxes and expenses for mere preservation made during the
marriage upon the separate property of either spouse
6. Expenses to enable either spouse to commence or complete a
professional, vocational, or other activity for self-improvement
7. Ante-nuptial debts of either spouse insofar as they have
redounded to the benefit of the family
8. The value of what is donated or promised by both spouses in favor
of their common legitimate children for the exclusive purpose of
commencing or completing a professional or vocational course or
other activity for self-improvement
9. Expenses of litigation between the spouses unless the suit is found
to groundless
For debts and obligations
o Liabilities shall only be chargeable to the CPG if it benefits the same
o The burden of proof that a debt was contracted for the benefit of the
CPG lies with the creditor
o The benefit must be a direct result of the obligation and cannot be a
by-product or a spin-off of the obligation or loan itself
o No presumption can be inferred that, when a husband enters into a
contract of surety or accommodation agreement, it is for the benefit
of the CPG
o However, if both spouses signed the surety agreement, then the CPG
shall be liable
If the conjugal partnership is insufficient to cover the foregoing
liabilities, the spouses shall be solidarily liable for the unpaid balance
with their separate properties
If the CPG is insufficient, the creditors may demand payment from
either or any separate properties of the spouses
He who made the payment may claim from his spouse only the share
which corresponds to each, with the interest for the payment already
due
122. The payment of personal debts contracted by the either spouses
before or during the marriage shall not be charged to the CPG except
insofar as they redounded to the benefit of the family
Neither shall the fines and pecuniary indemnities imposed upon
them be charged to the CPG
RA Salanga 1-A Persons and Family Relations
This is with regard to fines and pecuniary indemnities imposed on
either of the spouses before the marriage or during the marriage which
did not redound to the benefit of the family
However, the payment of personal debts contracted by either
spouse before the marriage that of
a. fines and indemnities imposed upon them
b. support of illegitimate children of either spouse
o may be enforced against the partnership assets after the
responsibilities enumerated in the preceding Article have been
covered
if the spouse who is bound should have no exclusive property or
if it should be insufficient
but at the time of the liquidation of the partnership, such spouse
shall be charged for what has been paid for the purpose above-
mentioned
123. Any game of chance or in betting, sweepstakes, or any other kind of
gambling whether permitted or prohibited by law
whatever may be lost during the marriage shall be borne by the loser
and shall not be charged to the conjugal partnership
but any winnings shall form part of the CPG
Section 5 ADMINISTRATION OF THE CONJUGAL PARTNERSHIP
PROPERTY
124. The administration and enjoyment of the conjugal partnership
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 5 years from the date of the contract
implementing such decision
In the event that one spouse is incapacitated or otherwise unable to
participate in the administration of the conjugal properties, the
other spouse may assume sole powers of administration.
These powers do not include disposition or encumbrance without
authority of the court or the written consent of the other spouse. In
the absence of such authority or consent, the disposition or
encumbrance shall be void
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 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
Identically similar with Art. 96
In case the buyer knew that the property is conjugal but they bought it
from the husband without the consent of the wife, SC said that the sale
was totally void and the purchase price had to be returned
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
Identically similar with Art. 98
Section 6 DISSOLUTION OF CONJUGAL PARTNERSHIP REGIME
126. The conjugal partnership terminates:
1. Upon the death of either spouse;
2. There is a decree of legal separation;
3. The marriage is annulled or declared void
4. In case of judicial separation of property during the marriage under
Arts. 134 to 138
Identically similar with Art. 99
127. The separation in fact between husband and wife shall not affect
the regime of conjugal partnership, except that:
1. The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be
supported
2. When the consent of one spouse to any transaction of the other is
required by law, judicial authorization shall be obtained in a
summary proceeding
3. In the absence of sufficient conjugal partnership property, the
separate property of both spouses shall be solidarily liable for the
support of the family
RA Salanga 1-A Persons and Family Relations
The spouse present shall, upon petition in a summary proceeding,
be given judicial authority to administer or encumber any specific
separate property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share
Identically similar with Art. 100
128. If a spouse without just cause abandons the other or fails to comply
with his or her obligation to the family, the aggrieved spouse may
petition the court for receivership, for judicial separation of property, or
for authority to be the sole administrator of the conjugal partnership
property, subject to such precautionary conditions as the court may
impose
The obligations to the family mentioned in the preceding paragraph
refer to marital, parental or property relations
A spouse is deemed to have abandoned the other when he or she
has left the conjugal dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a period of three
months or has failed within the same period to give any information
as to his or her whereabouts shall be prima facie presumed to have
no intention of returning to the conjugal dwelling
Identically similar with Art. 101
Section 7 LIQUIDATION OF THE CONJUGAL PARTNERSHIP ASSETS AND
LIABILITIES
129. Upon the dissolution of the conjugal partnership regime, the
following procedure shall apply:
1. Inventory shall be prepared
listing separately all the properties of the CPG and the exclusive
properties of each spouse
2. Amounts advanced by the CPG shall be credited to the CPG as an
asset thereof
for payment of personal debts and obligations of either spouse
3. Each spouse shall be reimbursed for the use of his or her exclusive
funds in the acquisition of property or for the value of his or her
exclusive property, the ownership of which has been vested by law
in the conjugal partnership.
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 4. Debts and obligations of the CPG shall be paid out of the conjugal
assets
In case of insufficiency, the spouses shall be solidarily liable for
the unpaid balance with their separate properties, in accordance
with the provisions Art. 121(2).
5. Whatever remains of the exclusive properties of the spouses shall
thereafter be delivered to each of them
6. Unless the owner had been indemnified from whatever source, the
loss or deterioration of movables used for the benefit of the family,
belonging to either spouse, even due to fortuitous event, shall be
paid to said spouse from the conjugal funds, if any
7. The net remainder of the conjugal partnership properties shall
constitute the profits
which shall be divided equally between husband and wife
o unless a different proportion or division was agreed upon in
the marriage settlements
o unless there has been a voluntary waiver or forfeiture of such
share as provided in this Code
8. The presumptive legitimes of the common children shall be
delivered upon the partition in accordance with Art. 51.
9. Conjugal dwelling and the lot
o shall be adjudicated to the spouse with whom the majority of the
common children choose to remain
o unless otherwise agreed upon by the parties
Children below the 7 y/o are deemed to have chosen the mother,
unless the court has decided otherwise
o In case there is no such majority, the court shall decide, taking
into consideration the best interests of said children
CPG may be liquidated by extrajudicial settlement, ordinary action of
partition, or by way of testate or intestate proceedings
130. Upon the termination of the marriage by death, the CPG shall be
liquidated in the same proceeding for the settlement of the estate of the
deceased
If no judicial settlement proceeding is instituted, the surviving
spouse shall liquidate the conjugal partnership property either
RA Salanga 1-A Persons and Family Relations
judicially or extra-judicially within 6 months from the death of the
deceased spouse
o If upon the lapse of the six-month period no liquidation is made,
any disposition or encumbrance involving the conjugal partnership
property of the terminated marriage shall be void
Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations
of the subsequent marriage
Identically similar to Art. 103
131. Whenever the liquidation of the CPG of two or more marriages
contracted by the same person before the effectivity of this Code is
carried out simultaneously, the respective capital, fruits and income of
each partnership shall be determined upon such proof as may be
considered according to the rules of evidence. In case of doubt as to
which partnership the existing properties belong, the same shall be
divided between the different partnerships in proportion to the capital
and duration of each
132. The Rules of Court on the administration of estates of deceased
persons shall be observed in the appraisal and sale of property of the
conjugal partnership, and other matters which are not expressly
determined in this Chapter
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
Only the surviving spouse and the children are entitled to get the
allowances for support
Allowances for support to the children and the spouse of the deceased
pending liquidation of the estate are subject to collation and deductible
from their share of the inheritance insofar as they exceed what they are
entitled to as fruits or income
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 Chapter 5 SEPARATION OF PROPERTY OF THE SPOUSES AND
ADMINISTRATION OF COMMON PROPERTY BY ONE SPOUSE DURING
THE MARRIAGE
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
Spouses cannot alter their property relations after the marriage without
judicial approval
Separation of Property shall not prevail unless expressly stipulated in the
marriage settlement before the union is solemnized or by judicial decree
during the existence of marriage
135. Any of the following shall be considered sufficient cause for judicial
separation of property: (that the spouse of the petitioner has been)
1. Sentenced to a penalty which carries with it civil interdiction
Deprivation of rights:
a. Parental authority or guardianshipperson or property of any
ward
b. Marital authority
c. Manage his own property
d. Dispose his property by any act or any conveyance inter vivos
2. Judicially declared an absentee
Declaration may be made if:
o 2 years have elapsed without any news
o 5 years in case the absentee has left a person in charge of the
administration of his property
The judicial declaration shall not take effect until 6 months after its
publication in a newspaper of general circulation
3. Loss of parental authority decreed by the court
The law does not distinguish what type of child
4. Abandoned the latter or failed to comply with his or her
obligations to the family as provided for in Article 101
Abandoned the conjugal dwelling without intention of returning and
with an intent to absolutely forego his/her family duties
5. Abused the power of administration granted in the marriage
settlements
RA Salanga 1-A Persons and Family Relations
Abuse connotes willful and utter disregard of the interests of the
partnership evidenced by a repetition of deliberate acts and/or
omission prejudicial to the latter
6. At the time of the petition, the spouses have been separated in
fact for at least one year and reconciliation is highly improbable
In the cases provided for in Numbers (1), (2) and (3), the
presentation of the final judgment against the guilty or absent
spouse shall be enough basis for the grant of the decree of judicial
separation of property
136. Voluntary dissolution of the ACP or CPG or for the separation of
their common properties
The spouses may jointly file a verified petition with the court for the
Need not state any reason for the conversion
Agreement of the parties is enough
The agreement for voluntary separation of property takes effect from
the time of the judicial order decreeing the separation of the properties
and not from the signing of the agreement
In case of waiver of one spouse, any creditor of such spouse may
petition the court to rescind the waiver to the extent of the amount
sufficient to cover the amount of the credit
137. After the SP has been decreed
- ACP or CPG shall be liquidated
- however, the delivery of presumptive legitime need not be
complied with, as such delivery specifically applies only in case
the marriage is either judicially annulled under Art. 45 or
declared void for non-observance of Art. 40
During pendency, the ACP or CPG shall pay for the support of the
spouses and their children
138. After dissolution of the ACP or CPG, the provisions on SP shall apply
139. The petition and final judgment granting the SP shall be recorded in
the proper civil registries and registries of property
140. The SP shall not prejudice the rights acquired by creditors
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141. The spouses may file a motion for a decree to revive the property
regime that existed between them before the SP in any of the following
instances:
a. Civil interdiction terminates
b. Absentee spouse reappears
c. The court is satisfied that the spouse granted the power of
administration will not again abuse the said power
d. When the spouse who left resumes common life with the other
e. Parental authority is judicially restored
f. When the spouses who separated in fact for at least one year,
reconcile and resume common life
g. When the dissolution was voluntary, after the revival of the
former property regime, no voluntary SP may thereafter be
granted
The agreement to revive the former property regime shall be executed
under oath and shall specify:
a. Properties to be contributed anew to the restored regime
b. Those to be retained as separate
c. The names of all their creditors, their addresses and the amounts
owing to each
142. Transfer of administration when one spouse:
a. becomes the guardian of the other
- the law obliges the spouse to live with and take care of
his/her spouse
b. judicially declared an absentee
c. sentenced to a penalty with civil interdiction
d. becomes a fugitive from justice or is hiding as an accused in a
criminal case
- fugitive from justice
o one who flees to avoid punishment
if the other spouse is not qualified by reason of incompetence,
conflict of interest, or any just cause, the court shall appoint a
suitable person to be the administrator
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Chapter 6 REGIME OF SEPARATION OF PROPERTY
143. If the property relation is SP, the provisions of this Chapter shall be
suppletory
144. SP may refer to present or future property or both. It may be total
or partial. If it is partial, the property not agreed upon as separate shall
pertain to the absolute community
145. Administration of property in SP:
a. shall own, dispose of, possess, administer and enjoy his or her
own separate estate without need of the consent of the other
b. shall belong all earnings from his/her profession, business or
industry and all fruits, natural, industrial or civil, due or received
during the marriage from his/her separate property
146. Obligations:
a. both spouses shall bear the family expenses in proportion to
their income, or in case of insufficiency, to the current market
value of their separate properties
b. liability of the spouses to creditors for family expenses shall be
solidary
Articles 147 and 148 of the Family Code of the Philippines are the
governing laws on property relations between a man and a woman in a
live-in relationship.
Chapter 7 PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
147. Structure of Property Relations:
a. salaries and wages shall be owned by them in equal shares
b. property acquired by either spouse exclusively by his/her own
fund belongs to such party
c. property acquired by them through their work or industry shall
be governed by the rules on co-ownership; either spouse may
alienate in favor of the other his/her share in the property
d. property acquired while they live together shall presumed to
have been obtained by their joint efforts, work or industry and
shall be owned by them in equal shares
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 e. a party who did not participate in the acquisition by the other
party of any property shall be deemed to have contributed
jointly if the formers efforts consisted in the care and
maintenance of the family and of the household
f. fruits of the couples separate property are not included in the
co-ownership
g. property acquired by any of the parties after separation shall be
exclusively owned by the party who acquired it
h. neither party can encumber or dispose by acts inter vivos of
his/her share in the property acquired during cohabitation and
owned in common, without the consent of the other, until after
the termination of their cohabitation
i. no one can donate or waive any interest in the co-ownership that
would constitute an indirect or direct grant of gratuitous
advantage to the other which is void pursuant to art. 87
j. when only one of the parties to a void marriage is in good faith,
the share of the property in bad faith in the co-ownership shall
be forfeited in favor of their common children
Requisites to qualify under art. 147:
The man and the woman must
a. be capacitated to marry each other
b. live exclusively with each other as husband and wife
c. be without the benefit of marriage or under a void marriage
The Supreme Court held in Valdes vs. Regional Trial Court, Br. 102,
Quezon City, to wit:
This peculiar kind of co-ownership applies when a man and a woman,
suffering no legal impediment to marry each other, so exclusively live
together as husband and wife under a void marriage or without the
benefit of marriage. The term capacitated in the provision (in the first
paragraph of the law) refers to the legal capacity of a party to contract
marriage, i.e., any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in Article 37 and
38 of the Code.
Under this property regime, property acquired by both spouses through
their work and industry shall be governed by the rules on equal co-
RA Salanga 1-A Persons and Family Relations
ownership. Any property acquired during the union is prima facie
presumed to have been obtained through their joint efforts. A party who
did not participate in the acquisition of the property shall still be
considered as having contributed thereto jointly if said partys efforts
consisted in the care and maintenance of the family household.
148. Cohabitation not falling under art. 147
Relationships contemplated:
a. not capacitated to marry
b. adulterous marriage even if it occurred prior to the effectivity of
the Family Code
c. bigamous or polygamous marriage
d. incestuous void marriages under art. 37
e. void marriages by reason of public policy (art. 38)
Structure of the Property:
a. salaries and wages are separately owned and if any of the parties is
married, it shall form part of the property of such legitimate
marriage
b. property acquired solely by funds of any of the parties shall belong
to that party
c. only properties acquired by both of the parties through their actual
joint contribution shall be owned by them in common in
proportion to their respective contributions
d. the respective shares over properties owned in common are
presumed to be equal. Proof is needed to show their contribution
and respective shares are not equal. Without proof, there can be
no presumption of co-ownership and equal sharing
e. the rule and presumption mentioned above shall apply to joint
deposits of money and evidences of credit
f. if one, who is not validly married, acted in bad faith his/her share
shall be forfeited in the manner provided in the last paragraph of
art. 147. This shall also apply even if both acted in bad faith
In the cases of Agapay v. Palang, and Tumlos v. Fernandez, which
involved the issue of co-ownership of properties acquired by the
parties to a bigamous marriage and an adulterous relationship,
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 respectively, the Supreme Court ruled that proof of actual
contribution in the acquisition of the property is essential. The
claim of co-ownership of the petitioners therein who were parties
to the bigamous and adulterous union is without basis because
they failed to substantiate their allegation that they contributed
money in the purchase of the disputed properties. Also in Adriano
v. Court of Appeals, the Court ruled that the fact that the
controverted property was titled in the name of the parties to an
adulterous relationship is not sufficient proof of co-ownership
absent evidence of actual contribution in the acquisition of the
property.
The case of Saguid vs. Court of Appeals, G.R. No. 150611, June 10,
2003 illustrates how the Supreme Court applied Article 148:
Seventeen-year old Gina S. Rey was married, but separated de facto from
her husband, when she met petitioner Jacinto Saguid in Marinduque,
sometime in July 1987. After a brief courtship, the two decided to cohabit
as husband and wife in a house built on a lot owned by Jacintos father.
Their cohabitation was not blessed with any children. Jacinto made a
living as the patron of their fishing vessel Saguid Brothers. Gina, on the
other hand, worked as a fish dealer, but decided to work as an
entertainer in Japan from 1992 to 1994 when her relationship with
Jacintos relatives turned sour. Her periodic absence, however, did not
ebb away the conflict with petitioners relatives. In 1996, the couple
decided to separate and end their 9-year cohabitation.
On January 9, 1997, private respondent filed a complaint for Partition
and Recovery of Personal Property with Receivership against the
petitioner with the Regional Trial Court of Boac, Marinduque. She alleged
that from her salary of $1,500.00 a month as entertainer in Japan, she
was able to contribute P70,000.00 in the completion of their unfinished
house. Also, from her own earnings as an entertainer and fish dealer, she
was able to acquire and accumulate appliances, pieces of furniture and
household effects, with a total value of P111,375.00. She prayed that she
be declared the sole owner of these personal properties and that the
amount of P70,000.00, representing her contribution to the construction
of their house, be reimbursed to her.
RA Salanga 1-A Persons and Family Relations
Private respondent testified that she deposited part of her earnings in her
savings account with First Allied Development Bank. Her Pass Book
shows that as of May 23, 1995, she had a balance of P21,046.08. She
further stated that she had a total of P35,465.00 share in the joint
account deposit which she and the petitioner maintained with the same
bank. Gina declared that said deposits were spent for the purchase of
construction materials, appliances and other personal properties.
In his answer to the complaint, petitioner claimed that the expenses for
the construction of their house were defrayed solely from his income as a
captain of their fishing vessel. He averred that private respondents
meager income as fish dealer rendered her unable to contribute in the
construction of said house. Besides, selling fish was a mere pastime to
her; as such, she was contented with the small quantity of fish allotted to
her from his fishing trips. Petitioner further contended that Gina did not
work continuously in Japan from 1992 to 1994, but only for a 6-month
duration each year. When their house was repaired and improved
sometime in 1995-1996, private respondent did not share in the expenses
because her earnings as entertainer were spent on the daily needs and
business of her parents. From his income in the fishing business, he
claimed to have saved a total of P130,000.00, P75,000.00 of which was
placed in a joint account deposit with private respondent. This savings,
according to petitioner was spent in purchasing the disputed personal
properties.
It is not disputed that Gina and Jacinto were not capacitated to marry
each other because the former was validly married to another man at the
time of her cohabitation with the latter. Their property regime therefore
is governed by Article 148 of the Family Code, which applies to bigamous
marriages, adulterous relationships, relationships in a state of
concubinage, relationships where both man and woman are married to
other persons, and multiple alliances of the same married man. Under
this regime, only the properties acquired by both of the parties through
their actual joint contribution of money, property, or industry shall be
owned by them in common in proportion to their respective contributions
... Proof of actual contribution is required.
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In the case at bar, although the adulterous cohabitation of the parties extent of the parties respective contribution, their share shall be
commenced in 1987, which is before the date of the effectivity of the presumed to be equal. Here, the disputed personal properties were
Family Code on August 3, 1998, Article 148 thereof applies because this valued at P111,375.00, the existence and value of which were not
provision was intended precisely to fill up the hiatus in Article 144 of the questioned by the petitioner. Hence, their share therein is equivalent to
Civil Code. Before Article 148 of the Family Code was enacted, there was one-half, i.e., P55,687.50 each.
no provision governing property relations of couples living in a state of
adultery or concubinage. Hence, even if the cohabitation or the
acquisition of the property occurred before the Family Code took effect, TITLE V THE FAMILY
Article 148 governs. Chapter 1 THE FAMIILY AS AN INSTITUTION
As in other civil cases, the burden of proof rests upon the party who, as 149. Family
determined by the pleadings or the nature of the case, asserts an Foundation of the nation
affirmative issue. Contentions must be proved by competent evidence Basic social institution
and reliance must be had on the strength of the partys own evidence o Which public policy cherishes and protects
and not upon the weakness of the opponents defense. This applies with Family Relations
more vigor where, as in the instant case, the plaintiff was allowed to Governed by law
present evidence ex parte. The plaintiff is not automatically entitled to No custom, practice or agreement destructive of the family
the relief prayed for. The law gives the defendant some measure of shall be recognized or given effect
protection as the plaintiff must still prove the allegations in the
complaint. Favorable relief can be granted only after the court is 150. Family relations include those: (between/among)
convinced that the facts proven by the plaintiff warrant such relief. a. Husband and wife
Indeed, the party alleging a fact has the burden of proving it and a mere b. Parents and children
allegation is not evidence. c. Other ascendants and descendants
d. Brothers and sisters, whether of the full or half-blood
In the case at bar, the controversy centers on the house and personal
Does not include relatives by affinity and by consanguinity not
properties of the parties. Private respondent alleged in her complaint
covered by the above provision
that she contributed P70,000.00 for the completion of their house. A strict provision, wherein only those listed are deemed to by
However, nowhere in her testimony did she specify the extent of her family members, in relation to the next article
contribution. What appears in the record are receipts in her name for the
purchase of construction materials on November 17, 1995 and December 151. Suit
23, 1995, in the total amount of P11,413.00. Only implies civil actions
On the other hand, both parties claim that the money used to purchase Does not apply to settlement of estate guardianship, custody of
the disputed personal properties came partly from their joint account children, and habeas corpus
with First Allied Development Bank. While there is no question that both a. None shall prosper between members of the same family
parties contributed in their joint account deposit, there is, however, no unless it should appear from the verified complaint or petition
sufficient proof of the exact amount of their respective shares therein. that earnest efforts towards a compromise have been made,
Pursuant to Article 148 of the Family Code, in the absence of proof of but that the same have failed

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

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

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

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

 2. they live in the Family home
3. they are dependent for legal support upon the head of the family
155. Family home is exempt from execution, forced sale or
attachment, except for:
1. non-payment of taxes
being the chief source of revenue for the government to keep
it running, it must be paid immediately and without delay
2. debts incurred prior to the constitution of the family home
3. debts secured by mortgages on the premises before or after
such constitution
4. debts due to laborers, mechanics, architects, builders,
materialmen and others who have rendered service or
furnished material for the construction of the building
debt includes money judgment arising from tort
156. Family home:
a. must be part of the ACP or the CPG, or the exclusive property
of either spouse with the latters consent
b. may be constituted by an unmarried head of the family on
his/her own property
c. property that is subject of a conditional sale on installment
may be constituted as a family home
not an apartment or a house that is merely rented or ha
house built on a property of another
157. Value of the Family home: (at the time of its constitution)
a. shall not exceed 300k in urban areas and 200k in rural areas, or
such amounts as may hereafter be fixed by law
i. urban area includes chartered cities and municipalities
whose annual income at least equals that legally required
for chartered cities
ii. all others are deemed to be rural areas
if the value is more than the value fixed by law, such
home is not a family home, and is not exempt from
execution, forced sale or attachment
RA Salanga 1-A Persons and Family Relations
b. if the value of the currency changes after the adoption of this
code, the value most favorable for the constitution of a family
home shall be basis of the evaluation
i.e. before the effectivity of the Family Code, a house
worth 250k was not judicially constituted as a family
home, at the time or after the effectivity, the value is still
the same, it automatically becomes a family home; or it
was 300k then, and after effectivity it became 400k, it can
be considered as a family home because the 300k is more
favorable
158. Family home may be:
sold, alienated, donated, assigned or encumbered
by the owner or owners with the written consent:
a. of the persons constituting the same
b. the latters spouse
c. majority of the beneficiaries of legal age
in case of conflict, the court shall decide.
159. Death of one or both spouses or of the unmarried head of the
family:
the family home shall continue for a period of 10 years or for as
long as there is a minor beneficiary
the heirs cannot partition the same unless the court finds
compelling reasons therefor
this rule shall apply regardless of whoever owns the property
or constituted the family home
160. Creditor
whose claim is not under Art. 155 obtains a judgment in his
favor and has reasonable belief that the family home is actually
worth more than the amount fixed in Art. 157, he may apply to
the court for an order directing the sale of the property under
execution
o the court shall order if it finds that:
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 i. the actual value exceeds the maximum amount
allowed by law as of the time of its constitution
ii. the increased actual value exceeds the
maximum allowed in Art. 157 and results from
subsequent voluntary improvements
introduced by the person or persons
constituting the family home
at the execution sale, no bid below the value allowed for a
family home shall be considered
o proceeds shall be applied first to the amount
mentioned in Art. 157 and then to the liabilities under
the judgment and costs
o excess shall be delivered to the judgment debtor
i.e. the debt is 500k, the family home s current actual value is
1M, the bid will start at 300k in an urban area. If it sold for 700k,
the 300k will be given to the debtor to be able to build a new
family home, then the 400k to the judgment creditor; but if it is
under Art. 155, the 500k debt will be given first, then, whatever
is left, 200k will be for the judgment debtor
161. For purposes of availing of the benefits of a family home as
provided for in this Chapter, a person may constitute, or be the
beneficiary of, only one family home
162. The provisions in this Chapter shall also given family residences
insofar as said provisions are applicable
All existing family residences at the time of the effectivity of the
Family Code are considered family homes and are prospectively
entitled to the benefits accorded to a family home under the
Family Code.
This has no retroactive effect
TITLE VI PATERNITY AND FILIATION
Chapter 1 LEGITIMATE CHILDREN
163. Filiation of children:
Status of the children can never be compromised
RA Salanga 1-A Persons and Family Relations
Paternity and Filiationrefer to the relationship or tie which
exists between parents and their children
a. By nature
Natural filiation:
Legitimacy or illegitimacy are fixed by law and cannot be left
to the will of the parties or the declaration of any physician
or midwife
Legitimate
Illegitimate
b. By adoption
164. Legitimate children
1. Born and conceived during the marriage of the parents
2. Conceived by artificial insemination of the wife with the sperm
of the husband or that of the donor provided that both of
them authorized or ratified such in a written instrument
executed and signed by them before the birth of the child
Types of artificial insemination:
1. Homologous
- the wife is artificially impregnated with the semen of her
husband, AIH (Artificial Insemination Husband)
2. Heterologous
- Artificial insemination of the wife by the semen of a third-
party donor, AID (Artificial Insemination Donor)
a. Consensual with the consent of the husband
b. Nonconsensual without the consent of the husband
Non-observance of procedure for artificial insemination shall
constitute a ground to impugn the legitimacy of the child
presumption of legitimacy can only arise upon the convincing
proof of:
the legality of marriage of the parents and
that conception or birth occurred during that marriage
165. Illegitimate children
Conceived and born outside of a valid marriage, unless
otherwise provided in this Code
Conceive and born outside a valid marriage or inside a
void marriage
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 Exceptions: (Art. 54)
1. children conceived or born before the judgment of
annulment or of absolute nullity of the marriage,
where the ground for the latter is psychological
incapacity, has become final and executory
2. children born from a subsequent void marriage due
to contracting parties failure to comply with articles
52 and 53
166. Grounds for impugning the legitimacy of a child:
1. Physical impossibility for the husband to have sexual
intercourse within 120 of the 300 days which immediately
preceded the birth of the child because of:
a. Physical incapacity of the husband to have sexual
intercourse with his wife
Impotenceinability of the male organ to
copulate, to perform its proper function; physical
inability to perform the act of sexual intercourse
The proof of impotency must be clear,
satisfactory and convincing, irresistible or
positive
Sterilityinability to procreate
b. The fact that they were living separately
c. Serious illness of the husband, which absolutely
prevented sexual intercourse
The illness must be serious and that will
absolutely prevent him from engaging in sexual
intercourse
2. Proven by biological or other scientific reasons that the child
could not have been that of the husband except in par. (2) of
Art. 164
Vasectomyremoval of about an inch of the tubes or vas
deferens which is the passage way of the sperm from the
testicle to the urethra and trying the remaining ends
Scientific tests:
1. A-B-O Testblood grouping test is accurate only
in excluding paternity
2. HLA TestHuman Leukocyte Antigen Test is a
tissue typing test that has shown to prove identity
RA Salanga 1-A Persons and Family Relations
between the child and the father with a probability
exceeding 98%
3. DNA Testif the probability of paternity resulting
from DNA is 99.9%, it is refutable
3. In case of artificial insemination, the written authorization or
ratification of either parent was obtained through mistake,
fraud, violence, intimidation, or undue influence
In the event that the grounds are proven, the child will
neither be legitimate or illegitimate in so far as the
husband is concerned but rather the husband and the
child will not be related to each other
As far as the mother is concerned, the child is illegitimate
167. The child shall be considered legitimate although the mother may
have declared against its legitimacy or may have been sentenced as an
adulteress
It makes it possible for the wife to file an action to impugn the
legitimacy of the child
Reasons for adoption of this provision:
1. In a fit of anger, or to arouse jealousy in the husband, the
wife may have made this declaration
2. Guaranty in favor of the children whose condition should
not be under the mercy of the passions of their parents
3. At the moment of conception, it cannot be determined
when a woman cohabits during the same period with two
men, by whom the child was begotten, it being possible
that it be the husbands
Only the husband and the heirs can invoke the grounds under
Article 166 and 167
The child should had been delivered by a woman who is the
childs natural mother
168. If the marriage is terminated and the mother contracted another
marriage within 300 days after such termination, these rules shall
govern in the absence of proof to the contrary:
1. A child born before 180 days after the solemnization of the
subsequent marriage is considered to have been conceived
during the former marriage, provided it be born within 300
days after the termination of the former marriage
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 2. A child born after 180 days (subsequent marriage) is
considered to have been conceived during such marriage, even
though it be born within 300 days after the termination of the
former marriage
Article 168 will apply only in the absence of proof to the
contrary
The rules do not give any presumption as to legitimacy or
illegitimacy but merely state when the child is considered to
have been conceived.
The status of the child will depend upon the status of the
marriage in which he or she is considered to have been conceived
169. The legitimacy or illegitimacy of a child born after 300 days
following the termination of the marriage shall be proved by whoever
alleges such legitimacy or illegitimacy
In the absent of subsequent marriage, the father could be
anybody
A child born after 300 days from possible conception is not
accorded any presumption either of legitimacy or illegitimacy
170. Prescriptive period for actions to impugn legitimacy of the child if:
1. The husband or any heirs reside in the city or municipality
where the birth took place or was recordedwithin 1 year
from the knowledge of the birth or its recording in the civil
registrar
2. The husband or any heirs do not reside at the place of birth or
where it was recorded:
a. 2 years if they reside in the Philippines
b. 3 years if they reside abroad
3. The birth has been concealed from or was unknown to the
husband or his heirsthe period shall be counted from the
discovery or knowledge of the birth or of the fact of
registration of such birth, whichever is earlier
After the lapse of the period of prescription, the status of the
child becomes fixed and cannot be questioned anymore
RA Salanga 1-A Persons and Family Relations
171. Impugning by the heirs of the husband only in the following cases:
1. If the husband should die before the expiration of the period
fixed for bringing his action
2. If he should die after the filing of the complaint, without
having desisted therefrom
3. If the child was born after the death of the husband
Legitimacy cannot be collaterally attacked or impugned
It can only be impugned through a direct suit precisely filed for
the purpose of assailing the legitimacy of the child
Chapter 2 PROOF OF FILIATION
172. The filiation of legitimate children is established by any of the
following:
1. Record of birth certificate appearing in the civil register or a
final judgment
If the certificate of live birth is signed by the parents,
particularly the father, such certificate is self-authenticating
and is consummated act and therefore there is no further need
to file any action for acknowledgment
Declaration of law provided in Art. 164 will prevail over
presumption of fact in Art. 172
Final Judgmenta judicial decision bearing on the status of
the children as legitimate and hence, binding and conclusive
2. Admission of legitimate filiation in a public document or a
private handwritten instrument and signed by the parent
concerned
Complete act of recognition without need of court action
In the absence of those above mentioned:
1. Open and continuous possession of the status of a legitimate
child
Such acts must be of such a nature that they reveal not only
the conviction of paternity, but also the apparent desire to have
and treat the child as such in all relations in society and in life,
not accidentally, but continuously
2. Any other means allowed by the Rules of Court and special
laws
Page 42 of 65
 Pictures, typewritten letters, and affidavits do not constitute Successional of the legitime of a legitimate
proof of filiation Rights child
Canonical records such as baptismal record or certificate do not Surname Father Mother
constitute proof of filiation because such is no proof of the Inheritance No right ab intestate to inherit
declarations in the record with respect to the parentage of the from the legitimate children and
child baptized relatives of his father or mother
Other proofs of filiation:
a. Baptismal certificatethe father should have participated in Chapter 3 ILLEGITIMATE CHILDREN
the preparation of the same
175. Illegitimate filiation of illegitimate children may be established in
the same way and on the same evidence as legitimate children.
173. The action to claim legitimacy:
may be brought by the child during his/her lifetime The prescriptive period is the same as with Art. 173, except if under the
and shall be transmitted to the heirs should he/she die during 2nd par. of Art. 172, the action may be brought during the lifetime of
minority or in a state of insanity. the alleged parent.
In these cases, the heirs shall have a period of 5 years within
which to institute the action. 176. Use of surname of illegitimate children:
The action already commenced by the child shall survive 1. Motherthe surname and shall be under the parental her
notwithstanding the death of either or both of the parties authority, and shall be entitled to support in conformity with this
Code.
174. Rights of legitimate children: 2. Fatherif the filiation has been expressly recognized through
1. To bear the surname of the father and the mother, in record of birth appearing in the civil register, or when an
conformity with the provisions of the Civil Code on Surnames admission in a public document or private handwritten
2. To receive support from their parents, ascendants, and in instrument is made by the father
proper cases, brothers or sisters, in conformity with the Has the right to institute an action before the regular courts
provisions of the Civil Code on Support to prove non-filiation during his lifetime
3. To be entitled to the legitime and other successional rights Legitime of an illegitimate child shall consist of of the legitime of a
granted to them by the Civil Code legitimate child.
Legitimate Illegitimate Art. 211 will apply if the alleged father admits that the child is his
Claim of Lifetime regardless of Lifetime with the use of 1st par. and it is shown that it is really conclusively his child and he even
legitimacy / what type of proof in of Art. 172 acknowledges that the child is his and the said father lives
illegitimacy Art. 172 Lifetime of parent if 2nd par. of together with the child and the mother of the said child under a
Art. 172 void marriage or without the benefit of a marriage
May be transmitted Not transmissible to the heirs o the father and the mother shall jointly exercise parental
to the heirs authority over the person of their common children. In case of
Support Entitled in the direct Entitled in the direct line of disagreement, the fathers decision shall prevail, unless there is a
line of relationship, relationship but only up to judicial order to the contrary
ascendants and his/her grandparents or
descendants grandchildren

RA Salanga 1-A Persons and Family Relations Page 43 of 65

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

RA Salanga 1-A Persons and Family Relations Page 44 of 65

 i. Nullity of marriagethe aggrieved party cannot be given support
pendente lite by the other spouse because nothing exists except the
allegation of marriage or denial thereof
o Once declared void ab initio, the obligation to give support
ceases
ii. Annulment of marriagethe spouses shall be supported by the
absolute community or the conjugal partnership
o Once declared annulled, the obligation to give support ceases
iii. Legal separationthe spouses shall be supported by the absolute
community or the conjugal partnership
o Once decreed, Art. 198 states that the court may order the
guilty spouse to support the innocent one, even after the
separation has been decreed
b. Legitimate ascendants and descendants
The obligation to support is to ensure that members of a family do
not allow any member of the same family to become a burden to
society
In case of conflict, the status of the parties should be established
before support can be made
c. Parents and their legitimate children and the legitimate and
illegitimate children of the latter
Obligation of the parents to support their children and their
grandchildren is premised on the principle that as long as one is
related by blood, there is no reason why the obligation should fall
on society and not on his family
d. Parents and their illegitimate children and the legitimate and
illegitimate children of the latter
In case the status of the child is at issue, the alleged child can get
support pendente lite from the alleged parent if his status as such has
been proven provisionally
e. Legitimate brothers or sisters, whether full or half-blood
Support is a mandatory obligation that cannot be waived, renounced,
transmitted or compensated as such obligation is necessary for the
existence, survival and well-being of the individual ought to be
supported
Art. 2035 of the Civil Code provides that no compromise shall be
valid upon the question of future support
RA Salanga 1-A Persons and Family Relations
196. Illegitimate brothers or sisters, whether full or half-blood, are
likewise bound to support each other except only when the need for
support of the brother or sister, being of age, is due to a cause imputable
to the claimants fault or negligence
Support for illegitimate brothers or sisters, who are of age and is due
to his or her own fault or negligence, does not become a demandable
right, and therefore, may not be given at all
197. For the support of
a. Legitimate ascendants
b. Descendants, whether legitimate or illegitimate
c. Brothers and sisters, whether legitimately or illegitimately related
Only the separate property of the person obliged to give support
shall be answerable
Unless, the obligor has no separate property, the ACP or CPG, if
financially capable, shall advance the support, which shall be
deducted from the share of the spouse obliged upon the liquidation
of the ACP or CPG.
The separate property of the obligor will be liable for the support of
those relatives enumerated above
However, if the legitimate descendants are the common children of
the spouses or legitimate children of either of the spouses, the ACP or
CPG shall be principally liable for their support
In case of the illegitimate children of either spouse, the mere
insufficiency of the separate property is enough to make the ACP or
CPG liable in the meantime
198. During the proceedings for legal separation or for annulment, and
for declaration of nullity of marriage, the spouses and their children shall
be supported from the ACP or CPG.
After final judgment granting the petition, the obligation of mutual
support ceases.
However, in case of legal separation, the court may order the guilty
spouse to give support to the innocent one, specifying the terms of
such order.
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 Support from this article is principally obtained from the separate
property of the spouse from whom support is sought
199. Whenever two or more persons are obliged to give support, the
liability shall devolve upon the following persons in the order herein
provided:
i. Spouse
ii. Descendants in the nearest degree
iii. Ascendants in the nearest degree
iv. Brother and sisters
200. Payment when the obligation to give support falls upon two or
more persons
Shall be divided between them in proportion to the resources of
each
In case of urgent need and by special circumstances
The judge may order only one of them to furnish the support
provisionally, without prejudice to his right to claim from the other
obligors the share due to them
When two or more recipients at the same time claim support from one
and the same person legally obliged to give it, who has no sufficient
means to satisfy all claims
The order established in the preceding article shall be followed
Unless the concurrent obliges should be the spouse and a child
subject to parental authority
o In which case the child shall be preferred
201. Amount of support shall be in proportion to the:
a. resources or means of the giver
b. necessities of the recipient
202. Support referred to the preceding article shall be
reduced or increased proportionately according to
a. the reduction or increase of the necessities of the recipient
b. the resources or means of the person obliged to furnish the
same
RA Salanga 1-A Persons and Family Relations
203. Obligation to give support shall be
a. demandable from the time the person who has the right to
receive the same needs it for maintenance
b. paid only from the date of judicial or extrajudicial demand
o shall be made within the first five days of each corresponding
month
o when recipient dies, his heirs shall not be obliged to return
what he has received in advance
Support pendente lite may be claimed in accordance with the Rules
of Court.
The SC allows payment of support in arrears even though the reason,
like finishing college, have already lapsed by the time the decision was
rendered
204. Options of the obligor in giving support, to fulfill the obligation
either by:
a. Paying the allowance fixed
b. Receiving and maintaining in the family dwelling the person who
has a right to receive support
o Cannot be availed in case there is a moral or legal obstacle
thereof
205. Not levied upon on attachment or execution the
Right to receive support
Any money or property attained as such support
In case of contractual support or that given by willthe excess in
amount beyond that required for legal support shall be subject to levy
on attachment or execution
206. When, without the knowledge of the person obliged to give
support, it is given by the stranger
He shall have the right to claim from the former
a. Unless it appears that he gave it without intention of being
reimbursed
The resulting relationship between the stranger and the person obliged
to give support is a quasi-contract
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 Quasi-contracta juridical relation to which arises from certain
lawful, voluntary and unilateral acts to the end that no one shall be
unjustly enriched or benefited at the expense of the another
Requirements:
i. Support has been furnished to a dependent of one bound to give
such support but fails to do so
ii. The support was supplied by a stranger
iii. The support was given without the knowledge of the person
charged with the duty
207. When the person obliged to support another
Unjustly refuses or fails to give support when urgently needed by
the latter
a. Any third person may furnish support to the needy individual
with a right of reimbursement from the person obliged to give
support
This article shall apply particularly when the father or the mother of
a child under the age of majority unjustly refuses to support or fails
to give support to the child when urgently needed.
Requisites:
i. There is an urgent need to be supported on the part of the recipient
ii. The person obliged to support unjustly refuses or fails to give the
support
iii. A third person furnishes the support to the needy individual
208. In case of contractual support or that given by will, the excess
amount beyond the required for legal support shall be subject to levy on
attachment or execution.
Furthermore, contractual support shall be subject to adjustment
whenever modification is necessary due to changes in circumstances
manifestly beyond the contemplation of the parties.
Legal supportmandated by law to be given and that which is
provided in Art. 194
Contractual supportone which is entered into by the parties usually
with reciprocal duties and obligations but is not mandated by law
RA Salanga 1-A Persons and Family Relations
TITLE IX PARENTAL AUTHORITY
Chapter 1 GENERAL PROVISIONS
209. Parental authority and responsibility
Pursuant to the natural right and duty of parents over the person
and property of their unemancipated child
Shall include caring for and rearing for such children for:
a. Civic consciousness
b. Efficiency and development of their moral, mental and physical
character and well-being
Parental authorityinvolves a mass of rights and obligation which the
law grants for the purpose of the childrens physical preservation and
development, as well as the cultivation of their intellect and the
education of their hearts and senses
210. Parental authority and responsibility may not be renounced or
transferred except in cases authorized by law
The law allows a waiver of parental authority only in
a. Adoption
b. Guardianship
c. Surrender to a childrens home or an orphan institution
Entrusting the custody of a minor to another by the parent, even in
a document, is merely a temporary custody and does not constitute
renunciation of parental authority
Only in cases of the parents death, absence or unsuitability may
substitute parental authority be exercised by the surviving parent
Parental authority can be terminated for cause in accordance with
the legal grounds in Articles 228-232
211. The father and the mother shall jointly exercise parental authority
over the person of their common children. In case of disagreement, the
fathers decision shall prevail, unless there is a judicial order to the
contrary
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.
Applies to both legitimate and illegitimate children
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 Requisites for the application to illegitimate children:
a. The father is certain
b. The illegitimate children are living with the said father and the
mother, who are cohabiting without the benefit of a marriage or
under a void marriage not falling under Articles 36 and 53
Requisites for Art. 176 where illegitimate children shall be under the
parental authority of the mother only:
a. The paternity of the child is unknown
b. Though the paternity is certain, the father is not living with the
mother and the child
The basis for altering the decision of the father must however rest on
substantial, important and serious ground for the paramount interest of
the children
Obligations of the children under Art. 357 of the 1950 Civil Code which
is still effective: (every child shall)
a. Obey and honor his or her parents or guardian
b. Respect his or her grandparents, old relatives, and persons holding
substitute parental authority
c. Exert his utmost for his or her education and training
d. Cooperate with the family in all matters that make for the good of
the same
212. In case of absence or death of either parent, the parent present
shall continue exercising parental authority. The marriage of the
surviving parent shall not affect the parental authority over the children,
unless the court appoints another person to be the guardian of the
person or property of the children
The new spouse, by virtue of his or her marrying the surviving parent,
does not automatically possess parental authority over the children of
the surviving parent unless such new spouse adopts the children
213. In case of separation of the parents
the parental authority shall be exercised by the parent
designated by the Court
o the Court shall take into account all relevant considerations,
especially the choice of the child over 7 y/o, unless the parent
chosen is unfit
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no child under 7 years of age shall be separated from the
mother, unless the court finds compelling reasons to order
otherwise
The designation does not mean that the parental authority of the other
parent is necessarily terminated or suspended
Parents are never deprived of the custody and care of children except
for cause
In custody cases, the childs best interest, which constitutes the
cardinal principle and the paramount consideration , is the
guiding principle
A habeas corpuswhere the question of identity is relevant and
material
a. can be availed of to secure the custody of a child in case the
parents are separated from each other
b. is a proper remedy to enable parents to regain custody of a child
even though the latter be in the custody of a third person
Decisions of the courts, even the SC, on the custody of minor
children are always open to adjustments as the circumstances relevant
to the matter may demand in ht light of the inflexible criterion,
namely, the paramount interest of the children
A compromise judgment has the force of res judicata between the
parties and should not be disturbed except for vices of consent or
forgery
214. In case of death, absence or unsuitability of the parents, substitute
parental authority shall be exercised by the surviving grandparent. In
case several survive, the one designated by the court, taking into
account the same consideration mentioned in the preceding article, shall
exercise the authority.
215. No descendant shall be compelled, in a criminal case, to testify
against his parents and grandparents, except when such testimony is
indispensable in a crime, against the descendant or by one parent
against the other
The reason for the privilege is to foster family unity and tranquility
except when the testimony is indispensable in a crime against the
descendant or by one parent against the othera child who was raped
by his father-
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 The provision is corollary to marital privilege where the belief is that
the husband and the wife are considered as but one person
The spouses can testify against each other in a
a. civil case by one against the other
b. criminal case for a crime committed by one against the other
Chapter 2 SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
216. In default of parents or a judicially appointed guardian, the
following persons shall exercise substitute parental authority over the
child in the order indicated:
i. Surviving grandparent, as provided in Art. 214
ii. Oldest brother or sister, over 21 years of ages, unless unfit or
disqualified
iii. Childs actual custodian, over 21 years of age, unless unfit or
disqualified
Whenever the appointment of a judicial guardian over the property
of the child becomes necessary, the same order of preference shall
be observed
Persons exercising substitute parental authority shall:
a. Have all the rights of the parents (Art. 220)
b. Have the same authority over the person of the child as the parents
(Art. 233)
c. Be civilly liable for the injuries and damages caused by the acts or
omissions of the unemancipated children living in their company
and under their parental authority (Art. 221)
The order established is not mandatory because it is the paramount
interest of the child which must be the basis of the custody and care
217. In case of foundlings, abandoned, neglected or abused children and
other children similarly situated, parental authority shall be entrusted in
summary proceedings to heads of childrens homes, orphanages and
similar institutions duly accredited by the proper government agency.
Foundlinga newborn child abandoned by its parents who are
unknown
Abandoned childone who has no proper parental care or
guardianship, or whose parents or guardians have deserted him for a
period of at least 6 continuous months
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Neglected childone whose basic needs have been deliberately
unattended or inadequately attended
Neglect may occur in two ways:
a. Physical neglectwhen the child is malnourished, ill clad and
without proper shelter
b. Emotional neglect exists when children are:
1. maltreated, raped or seduced
2. exploited, overworked or made to work under conditions not
conducive to good health
3. made to beg in the streets or public places
4. in moral danger, or exposed to gambling, prostitution or other
vices
Abused childcomes within the definition of the second kind of
neglected child
Dependent childdependent upon the public for support
a. one who is without a parent, guardian or custodian
b. one whose parent, guardian or other custodian for good cause desires to be
relieved of his care and custody
No private person, natural or juridical, shall establish, temporarily or
permanently, any child welfare agency without first securing a license
from the Dept. of Social Welfare
o Such license shall not be transferable and shall be used only by the
person or institution to which it was issued at the place stated
therein
o No license shall be granted unless the purpose or function of the
agency is clearly defined and stated in writing
Transfer of legal or parental authority over the child can be:
a. Voluntarythe parent or guardian of a dependent, abandoned or
neglected child may voluntarily commit or surrender him in writing
to the Dept. of Social Welfare or any duly licensed child-placement
agency or individual
b. Involuntarythe Dept. of Social Welfare Secretary or his
authorized representative or any duly-licensed child-placement
agency having knowledge of a child who appears to be dependent,
abandoned or neglected, may file a verified petition to the proper
court for involuntary commitment of said child to the care of any
duly licensed child-placement agency
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218. The school, its administrators and teachers, or the individual, entity
or institution engaged in child care shall have special parental authority
and responsibility over the minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all authorized activities
whether inside or outside the premises of the school, entity or
institution.
Persons and entities given by law special parental authority:
o School, its administrators and teachers
o Individual, entity or institution engaged in child care
Special parental authoritycan be exercised only over minors while
under their supervision, instruction or custody
The teacher must be the teacher-in-charge
Being in custodythe protective and supervisory custody that the
school and its head and teachers exercise over the pupils and students
for as long as they are in attendance in the school, including recess
219. Prinpally and solidarily liable
those given authority and responsibility under Art. 218 for the
damages caused by the acts or omissions of the unemancipated
minor
shall not apply if it is proved that they exercised the proper
diligence required under the particular circumstances
Subsidiarily liable
parents, judicial guardians or the persons exercising substitute
parental authority
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts
Those with subsidiary liability will only be liable if the persons with
special authority cannot satisfy their liability
The Court is not disposed to expect from the teacher the same
measure of responsibility imposed on the parent, for their influence
over the child is not equal in degree
Art. 2180 of the Civil Code provides that teachers or heads of
establishments of arts and trades shall be liable for damages caused by
their pupils and students or apprentices so long as they remain in their
custody
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o This applies if the students, pupils or apprentices are not anymore
minor children
Chapter 3 EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF
THE CHILDREN
220. The parents and those exercising parental authority shall have with
respect to their unemancipated children or wards the following rights
and duties:
i. To keep them in their company, to support, educate and instruct
them by right precept and good example, and to provide for their
upbringing in keeping with their means;
ii. To give them love and affection, advice and counsel,
companionship and understanding;
iii. To provide them with moral and spiritual guidance, inculcate in
them honesty, integrity, self-discipline, self-reliance, industry and
thrift, stimulate their interest in civic affairs, and inspire in them
compliance with the duties of citizenship;
iv. To furnish them with good and wholesome educational
materials, supervise their activities, recreation and association
with others, protect them from bad company, and prevent them
from acquiring habits detrimental to their health, studies and
morals;
v. To represent them in all matters affecting their interests;
vi. To demand from them respect and obedience;
vii. To impose discipline on them as may be required under the
circumstances; and
viii. To perform such other duties as are imposed by law upon
parents and guardians.
The relationship between parents and their minor children naturally
gives rise to various rights and obligations affecting the welfare of, and
the parents control over, the child
Art. 46 of the Child Youth Welfare Code enumerates 8 duties of the
parents toward their children with an additional duty from Art. 225
Whenever proper, parents shall allow the child to participate in the
discussion of family affairs, especially in matters that particularly
concern him
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 If the child is gifted, his parents shall report this fact to the National
Center for Gifted Children or to other agencies concerned so that
official assistance or recognition may be extended to him
They may inflict a reasonable measure of corporal punishment
A child who voluntarily abandons the parents home for the purpose
of seeking its fortune in the world or to avoid parental discipline and
restraint, that child forfeits the claim to support
Art. 356 of the 1950 Civil Code provides the rights of the children:
a. Entitled to parental care
b. Shall receive at least elementary education
c. Shall be given moral and civic training by the parents or guardian
d. Has a right to live in an atmosphere conducive to his physical, moral
and intellectual development
PD 603 or the Child Youth Welfare Code also provides for the rights
of the child
221. Parents and other persons exercising parental authority shall be
civilly liable for the injuries and damages caused by the acts or omissions
of their unemancipated children living in their company and under their
parental authority subject to the appropriate defenses provided by law
For liability on the part of the parents to attach, the unemancipated
child must be living in their company and under their parental
authority
This principle is a species ofvacarious liability or the doctrine of
imputed intelligencewhere a person is not only liable for torts
committed by himself, but also for torts committed by other with
whom he has a certain relationship and for whom he is responsible
The legislature has elected to limit extra-contractual liability to cases in
which moral culpability can be directly imputed to the persons to be
charged
222. The courts may appoint a guardian of the childs property, or a
guardian ad litem when the best interests of the child so require
Guardiana person who acts for another
Warda person whom the law regards as incapable of managing his
own affairs
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Guardians ad litemofficers of the court in a limited sense, and the
office of such guardian is to represent the interest or the incompetent
or the minor
Appointment of a guardian ad litem is addressed to the sound
discretion of the court and designed to assist the court in the
determination of the best interest of the child
In determining the selection of a guardian, the court may consider the:
a. Financial situation
b. Business acumen
c. Physical condition
d. Morals, character and conduct
e. Present and past history of a prospective appointee
f. Probability of his being able to exercise the powers and duties of
guardian for the full period during which guardianship will be
necessary
A court cannot appoint a guardian who is not personally subject to its
jurisdiction
223. The parents or, in their absence or incapacity, the individual, entity
or institution exercising parental authority, may petition the proper
court of the place where the child resides, for an order providing for
disciplinary measures over the child. The child shall be entitled to the
assistance of counsel, either of his choice or appointed by the court, and
a summary hearing shall be conducted wherein the petitioner and the
child shall be heard.
However, if in the same proceeding the court finds the petitioner at
fault, irrespective of the merits of the petition, or when the
circumstances so warrant, the court may also order the deprivation or
suspension of parental authority or adopt such other measures as it may
deem just and proper
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 parent exercising parental authority shall not interfere with the care
of the child whenever committed but shall provide for his support. Upon
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proper petition or at its own instance, the court may terminate the
commitment of the child whenever just and proper
Chapter 4 EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF
THE CHILDREN
225. Father and mother
Jointly exercise legal guardianship over the property of their
unemancipated common child without the necessity of a court
appointment.
o In case of disagreement, the fathers decision shall prevail, unless
there is a judicial order to the contrary
Where the market value of the property or annual income of the
child exceeds P50,000
The parent concerned shall be required to furnish a bond in such
amount as the court may determine
o But not less than 10% of the value of the property or annual
income
o To guarantee the performance of the obligations prescribed for
general guardians
A verified petition for approval of the bond shall be filed in the
a. proper court of the place where the child resides
b. if the child resides in a foreign country, in the proper court of
place where the property or any part thereof is situated
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
The ordinary rules on guardianship shall be merely suppletory
except when the child is under substitute parental authority, or the
guardian is a stranger, or a parent has remarried, in which case the
ordinary rules on guardianship shall apply
there is no more need for a judicial court order appointing the parents
as guardians
regardless of the value of the unemancipated childs property, the
father and the mother ipso jure become the legal guardian of the childs
property
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two cases where a parent cannot be the administrator of the property
of his or her children:
a. Art. 923 of the Civil Code
Children and descendants of the person disinherited shall take his
or her place and shall preserve the rights of compulsory heirs with
respect to the legitime, but the disinherited parent shall not have the
usufruct or administration of the property which constitutes the
legitime
b. Art. 1035 of the Civil Code
If the person excluded from the inheritance by reason of incapacity
should be a child or descendant of the decedent and should have
children or descendants, the latter shall acquire his right to the
legitime. The person so excluded shall not enjoy the usufruct and
administration of the property thus inherited by his children.
The committee considers P50,000 as the amount when the property is
valuable enough to require a bond on the basis of the current
valuation, considering the possible abuse by the parents and the
expensiveness of the bond
Giving such bond is a condition or qualification precedent to the
vesting of the authority to administer
Any act done without or before the giving of the bond is a nullity
The purpose of the bond is to guarantee the performance of the
obligations prescribed for general guardians
The parents authority over the estate of the ward as a legal guardian
would not extend to acts of encumbrance or disposition, as
distinguished from acts of management or administration
A guardian has no authority to sell real estate of his ward, merely by
reason of his general powers, and in the absence of any special
authority to sell conferred by will, statute, or order of the court
A sale of the wards realty by the guardian without authority from the
court
Guardianship proceeding:
a. the rules on guardianship are suppletoryif the guardian are the
parents
b. the ordinary rules on guardianship shall applyif the child is under
1. substitute parental authority
2. the guardian is a stranger
3. a parent has remarried
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226. The property of the unemancipated child
a. earned or acquired with his work or industry
b. by onerous or gratuitous title
shall belong to the child in ownership
shall be devoted exclusively to the latter's support and education,
unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the child's
property shall be limited
a. primarily to the child's support
b. secondarily to the collective daily needs of the family
If the childs property is more than sufficient to maintain the said
child, the said properties may be used to defray the collective needs of
the family
227. If the parents entrust the management or administration of any of
their properties to an unemancipated child
the net proceeds of such property shall belong to the owner
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, unless the owner, grants the entire
proceeds to the child
In any case, the proceeds thus given in whole or in part shall not be
charged to the child's legitime.
Parents who have engaged their unemanicipated children to take care
of their properties, shall only be entitled to the net fruits of the
properties so managed
The unemancipated child shall first be given a monthly reasonable
allowance taken from the gross proceeds of the property for the said
month
All other expenses of the administration and management of the
property shall be taken from the proceeds
The balance left shall be considered the net proceeds which will go to
the parents
Exception to all the rules is when the parent-owner just decides to
grant the entire proceeds to the child
Compensationrefers to an employer-employee relationship
Allowancerefers to a family relation
in wholeentire proceeds; in partallowance
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Chapter 5 SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
228. Parental authority terminates permanently:
a. Upon the death of the parents;
b. Upon the death of the child; or
c. Upon emancipation of the child
A child is emancipated upon reaching the age of majority which is 18
years
Emancipationterminates parental authority over the person and
property of the child and he or she is hereby qualified to do all acts of
civil life save for exceptions established by existing laws in special
cases
Effects of Art. 228:
1. Parental authority is terminated permanently
the events happen with no fault on the part of the parents
2. Parental authority cannot be revived
229. Unless subsequently revived by a final judgment, parental authority
also terminates:
Effects of Art. 229:
o Termination is not permanent
o Parental authority can be revived by court order
Revival is allowed because the grounds are events without
the fault of the parents or with the fault of the parents but
without malice
a. Upon adoption of the child;
Art. 229 will not apply in cases where the biological parent is the
spouse of the adopter, wherein
o All legal ties between the biological parent and the adoptee shall
be severed and the same shall then be vested on the adopter
upon the finality of a judicial adoption decree
The adoptee shall be considered the legitimate son/daughter
of the adopter/s for all intents and purposes and as such is
entitled in all the rights and obligations provided by law to
legitimate sons/daughters born to them without
discrimination of any kind
In case the adoption decree is rescinded
a. such rescission shall extinguish all reciprocal rights and
obligations between the adopters and the adopted child
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 b. the parental authority of the adoptees biological parent, if
known, or the legal custody of the DSWD, if the adoptee is still
a minor or incapacitated, shall be restored
b. Upon appointment of a general guardian;
Guardian appointed by the court shall have the
a. care and custody of the person of his or her ward
b. management of his or her estate
c. Upon judicial declaration of abandonment of the child in a case
filed for the purpose;
Abandonment
a. means neglect or refusal to perform the natural and legal
obligation of care and support which parents owe to their
children
b. imports any conduct on the part of the parent which evinces a
settled purpose to forego all parental duties and relinquish all
parental claims to the child
a case filed for the purposea judicial decision arising from a
case precisely filed for the declaration of abandonment
d. Upon final judgment of a competent court divesting the party
concerned of parental authority; or
The court may divest the parents of their parental authority over
their children if the welfare of the children demands
A decree of termination must be issued only upon clear,
convincing and positive proofs
e. Upon judicial declaration of absence or incapacity of the person
exercising parental authority
A separate case can be filed using the judicial declaration of
absence or incapacity to terminate 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. The authority is automatically reinstated
upon service of the penalty or upon pardon or amnesty of the offender.
Civil interdictionan accessory penalty imposed
o Involves the deprivation of the offender, during the time of his/her
sentence, of the rights of
i. Parental authority
ii. Guardianship, either as to the person or property of any ward
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iii. Marital authority
iv. To manage his property
v. To dispose of such property by any act or conveyance inter vivos
There is no judicial declaration of civil interdiction and this ground is
distinct because there is automatic revival of parental authority once
the sentence is served or upon pardon or amnesty of the offender
Civil interdiction results in termination of parental authority, which
can be revived without a need of a court order
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:
The suspension or deprivation can be judicially decreed in a case
specifically filed for that purpose or in a related case
in a related caseoff-shoot of an incident or a collateral
pronouncement in another case; an independent or collateral
proceeding
a. Treats the child with excessive harshness or cruelty;
Parents have the duty to discipline their children which authorizes
them to inflict some form of corporal punishment, the same
should not be excessive
Parents should not treat their children with cruelty whether or not
they have any ostensible reason to do so
b. Gives the child corrupting orders, counsel or example;
Parents have the duty to provide the children with moral and
spiritual guidance, inculcate in them honesty, integrity and self-
discipline and stimulate in them in their interest in civil affais
c. Compels the child to beg; or
Destroys the potential of the child to be a productive citizen of
the country
Parents have the duty to inculcate in the children self-reliance
through lawful activities
d. Subjects the child or allows him to be subjected to acts of
lasciviousness
A parent subjecting his/her children to acts of lasciviousness
manifests a perverse, morally depraved and highly repugnant
attitude destructive of the well-being of the children and the
family
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 The grounds enumerated are deemed to include cases which have
resulted from culpable negligence of the parent or the person
exercising parental authority
If the degree of seriousness so warrants, or the welfare of the child
so demands, the court shall deprive the guilty party of parental
authority or adopt such other measures as may be proper under
the circumstances
The suspension or deprivation may be revoked and the parental
authority revived in a case filed for the purpose or in the same
proceeding if the court finds that the cause therefor has ceased
and will not be repeated
232. If the person exercising parental authority has subjected the child or
allowed him to be subjected to sexual abuse, such person shall be
permanently deprived by the court of such authority
A serious a act of moral depravity and corruption
Parental authority cannot be revived if the parents or the persons
exercising parental authority are found to have subjected the child or
allowed him/her to be subjected to sexual abuse
If it is the parents who entrust the child in such acts, he/she may be
deprived, temporarily or perpetually, in the discretion of the court, of
their parental authority and shall be punished by the penalty of prision
correccional in its minimum and medium periods and a fine not
exceeding P500
233. The person exercising substitute parental authority shall have the
same authority over the person of the child as the parents.
In no case shall the school administrator, teacher of individual
engaged in child care exercising special parental authority inflict
corporal punishment upon the child
Corporal punishmentinfliction of physical disciplinary measures to a
student
o This is absolutely prohibited under the Family Code
Only persons exercising special parental authority cannot inflict
corporal punishment
While a teacher may be administratively or civilly liable, it has been
held that where there was no criminal intent on the part of the teacher
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to inflict physical injuries, he/she cannot be held feloniously liable for
the criminal offense
Aside from the termination of parental authority for an erring or
abusive parent, the state has provided laws which make it a crime for
parents to seriously mistreat their children
o Art. 59 of PD 603 provides for the ground where the parents may
be held criminally liable for mistreating their children and for the
penalty of imprisonment from 2 or 6 months or a fine not exceeding
P500, or both, at the discretion of the Court, unless a higher penalty
is provided for in the RPC or special laws, without prejudice to
actions for involuntary commitment of the child
On June 17, 1992, Pres. Aquino approved RA 7160, otherwise known
as the Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act
TITLE X EMANCIPATION AND AGE OF MAJORITY
234. Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of 18 years. (as
amended by RA 6809)
Marriage is not anymore a ground for emancipation because a person
who decides to get married is necessarily at least 18 years of age
Upon emancipation, he/she may now sue or be sued without the
assistance of the father, mother or guardian
235. Repealed by RA 6809
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 life, save the exceptions established by
existing laws in special cases.
Contracting marriage shall require parental consent until the age of
21
This does not make parental consent an essential nor a formal
requirement of marriage in the sense that its absence will render the
marriage void
o because the capacity to act is already full, meaning a person can
enter into any agreement with legal effect
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 However, absence of parental consent will render the marriage
annullable under Art. 45
Nothing in this Code shall be construed to derogate from the duty
or responsibility of parents and guardians for children and wards
below 21 years of age mentioned in the 2nd and 3rd paragraphs of
Art. 2180 of the Civil Code. (as amended by RA 6809)
save the exceptions established by existing laws in special cases
provides to take care of the parents tort liability even if the child is
emancipated but below 21 years of age
Source of confusion for the last paragraph:
The liability of parents under Art. 2180(2) attaches only in case
where the minor children live in their company. A minor under
the Civil Code was considered to be a person below 21 years of age.
Following the Elcano ruling, even if the minor becomes emancipated,
the parents can still be liable under Art. 2180(2) because Art. 399
provides that such minor, though emancipated, cannot sue or be
sued without the assistance of the parents.
Under the present Family Code, there is no provision similar to Art.
399. The link therefore for liability on the part of the parents to
attach even if the children are emancipated is not anymore present.
In this regard, the last paragraph of Art. 236 appears to have no
basis for referring the duty or responsibility of parents and
guardians and wards below 21 years old
Applicability of the last paragraph:
a. Parents
o The father and, in case of his death or incapacity, the mother,
are responsible for the damages caused by the children between
18 and 21 who live in their company
b. Guardiansliable for damages if the said persons are under their
authority and live in their company
In Elcano ruling, the liability of parents for the acts or omissions of
their emancipated children living in their custody is subsidiary, then
the same subsidiary liability should apply under the last par. of Art.
236
237. Repealed by RA 6809
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TITLE XI SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Chapter 1 SCOPE OF APPLICATION
238. Until modified by the Supreme Court, the procedural rules provided
for in this Title shall apply in all cases provided for in this Code requiring
summary court proceeding. Such cases shall be decided in an expeditious
manner, without regard to technical rules.
Chapter 2 SEPARATION IN FACT BETWEEN HUSBAND AND WIFE
239. When a husband and wife are separated in fact, or one has
abandoned the other and one of them seeks judicial authorization for a
transaction where the consent of the other spouse is required by law but
such consent is withheld or cannot be obtained, a verified petition may
be filed in court alleging the foregoing facts.
An unverified petition cannot be given consideration by the court
The petition shall attach the proposed deed, if any, embodying the
transaction, and, if none, shall describe in detail the said transaction
and state the reason why the required consent thereto cannot be
secured. In any case, the final deed duly executed by the parties shall
be submitted to and approved by the court.
The approval of the court shall protect the transacting spouse and
third persons who are directly affected by the transaction
240. Claims for damages by either spouse, except costs of the
proceedings, may be litigated only in a separate action
A claim for damages usually entails a lengthy process, the law provides
that damages, except costs of the proceedings, may be litigated only in
a separate action
241. Jurisdiction over the petition shall, upon proof of notice to the
other spouse, be exercised by the proper court authorized to hear family
cases, if one exists, or in the regional trial court or its equivalent sitting in
the place where either of the spouses resides.
RA 8369, otherwise known as the Family Courts Act of 1997,
established the family courts which are exclusively tasked to take
cognizance of family cases such as
a. custody of children
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 b. annulment or nullity cases
c. adoption
d. termination of parental authority
242. Upon the filing of the petition, the court shall notify the other
spouse, whose consent to the transaction is required, of said petition,
ordering said spouse to show cause why the petition should not be
granted, on or before the date set in said notice for the initial
conference. The notice shall be accompanied by a copy of the petition
and shall be served at the last known address of the spouse concerned
Once the petition is filed, due process requires that the other party
shall be given the chance to comment on the petition and to show
cause why the petition should not be granted
The responded likewise may nevertheless manifest his/her agreement
in which case the suit shall become moot and academic
243. A preliminary conference shall be conducted by the judge
personally without the parties being assisted by counsel. After the initial
conference, if the court deems it useful, the parties may be assisted by
counsel at the succeeding conferences and hearings
Preliminary conferenceaimed at having the parties settle amicably
their differences on the transaction involved so that the judicial
proceedings can be further shortened
During initial conference, the parties will not be assisted by counsel
where the judge will conduct the proceedings personally
However, if the judge finds out that the issues are complicated and
that any of the spouses does not really have a complete understanding
of the transaction and its consequences, lawyers may be allowed to
assist the parties in the next hearings
244. In case of non-appearance of the spouse whose consent is sought,
the court shall inquire into the reasons for his failure to appear, and shall
require such appearance, if possible
245. If, despite all efforts, the attendance of the non-consenting spouse
is not secured, the court may proceed ex parte and render judgment as
the facts and circumstances may warrant. In any case, the judge shall
endeavor to protect the interests of the non-appearing spouse
RA Salanga 1-A Persons and Family Relations
Judgment will be rendered on the basis of the facts and evidence
presented
The judge may grant or deny the petition
246. If the petition is not resolved at the initial conference, said petition
shall be decided in a summary hearing on the basis of affidavits,
documentary evidence or oral testimonies at the sound discretion of the
court. If testimony is needed, the court shall specify the witnesses to be
heard and the subject-matter of their testimonies, directing the parties
to present said witnesses.
247. The judgment of the court shall be immediately final and executor
A decision becomes final and executor after the lapse of 15 days from
the time the parties receive a copy of the decision
Without an injunction from the higher court, the decision can be
executed even if it is pending in the said higher court
248. The petition for judicial authority to administer or encumber
specific separate property of the abandoning spouse and to use the
fruits or proceeds thereof for the support of the family shall also be
governed by these rules
Art. 248 refers to par. 3 of both Articles 100 and 127 which essentially
provides that the separation in fact between husband and wife shall
not affect either the ACP or the CPG except that, among others, in
the absence of sufficient community or conjugal property, the separate
property of both spouses shall be solidarily liable for the support of
the family
The spouse present shall, upon petition in a summary proceeding, be
given judicial authority to administer or encumber any specific
separate property of the other spouse and use the fruits or proceeds
thereof to satisfy the latters share
Chapter 3 INCIDENTS INVOLVING PARENTAL AUTHORITY
249. Petitions filed under Articles 223, 225 and 235 of this Code involving
parental authority shall be verified
Art. 223a case seeking a court order providing for disciplinary
measures over the child
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 Art. 225a case for the approval of the bond required of parents who
exercise parental authority over the property of their children
Art. 235a case on emancipation has already been repealed by RA
6809
250. Such petitions shall be verified and filed in the proper court of the
place where the child resides
The venue of the case shall be the court of the place where the child
resides for the benefit and convenience of the child
251. Upon the filing of the petition, the court shall notify the parents or,
in their absence or incapacity, the individuals, entities or institutions
exercising parental authority over the child
The court must undertake everything possible for the benefit of the
child and must issue decisions having the paramount interest of the
child as the inflexible criterion
252. The rules in Chapter 2 hereof shall also govern summary
proceedings under this Chapter insofar as they are applicable
The proceedings in the court cases referred to in Articles 223 and 225
shall likewise be summary in nature for the benefit of the child
Chapter 4 OTHER MATTERS SUBJECT TO SUMMARY PROCEEDINGS
253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern
summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and
217, insofar as they are applicable
Art. 41---judicial declaration of a spouse as presumptively dead
Art. 51an action of a child for the delivery of his/her presumptive
legitime
Art. 69judicial determination of the family domicile in case of
disagreement of the spouses
Art. 73court adjudication of the validity of a spouses objection to
the profession of the other spouse
Art. 217court order entrusting foundlings, abandoned, neglected or
abused children and other children similarly situated to heads of
childrens homes, orphanages and similar institutions duly accredited
by the proper government agency
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Articles 96 and 124annulment of the husbands decision in the
administration and enjoyment of the community or conjugal property
in case the husbands decision is in conflict with the wifes decision
TITLE XII FINAL PROVISIONS
254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act No.
386, otherwise known as the Civil Code of the Philippines, as amended,
and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42
of Presidential Decree No. 603, otherwise known as the Child and Youth
Welfare Code, as amended, and all laws, decrees, executive orders,
proclamations, rules and regulations, or parts thereof, inconsistent
herewith are hereby repealed.
The Family Code is intended to be the principal law that shall govern
family relations
For the implied repeal to operate, those enumerated above, there must
be a substantial irreconcilable conflict in connection with the
provisions found in existing and prior acts with those of Family Code
255. If any provision of this Code is held invalid, all the other provisions
not affected thereby shall remain valid
The provisions in the Family Code are separable in the sense that
invalidity of one provision will not necessarily invalidate the whole law
However, invalidity of a particular provision necessarily invalidates
those other provisions which are affected by the said invalidity
256. This Code shall have retroactive effect insofar as it does not
prejudice or impair vested or acquired rights in accordance with the Civil
Code or other laws
Vested right
a. an immediate fixed right of present and future payment
b. a right which is fixed, unalterable, absolute, complete and
unconditional to the exercise of which no obstacle exists, and which
is perfect in itself and not dependent upon a contingency
257. This Code shall take effect one year after the completion of its
publication in a newspaper of general circulation, as certified by the
Executive Secretary, Office of the President.
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Publication shall likewise be made in the Official Gazette. Again, Art. 294 is repealed by Art. 199
The publication of the Family Code of the Philippines, in the Manila Any undertaking that would, in a way, disturb the dead must be with
Chronicle, a newspaper of general circulation, was completed on Aug. the consent of those who will be greatly affected
4, 1987.
Hence, the said Code took effect on Aug. 3, 1988 309. Any person who shows disrespect to the dead, or wrongfully
interferes with a funeral shall be liable to the family of the deceased for
TITLE X FUNERALS damages, material and moral.
305. The duty and the right to make arrangements for the funeral of a
relative 310. The construction of a tombstone or mausoleum shall be deemed a
shall be in accordance with the order established for support, under part of the funeral expenses, and shall be chargeable to the conjugal
Art. 294 partnership property, if the deceased is one of the spouses.
Art. 294 is repealed by Art. 199 which provides the following order:
1. Spouse TITLE XII CARE AND EDUCATION OF CHILDREN
2. Descendants in the nearest degree 356. Every child:
the oldest shall be preferred 1. Is entitled to parental care;
3. Ascendants in the nearest degree 2. Shall receive at least elementary education;
the paternal shall have a better right 3. Shall be given moral and civic training by the parents or guardian;
4. Brothers and sisters
4. Has a right to live in an atmosphere conducive to his physical,
the oldest shall be preferred
moral and intellectual development.
306. Every funeral shall be in keeping with the social position of the
357. Every child shall:
deceased.
1. Obey and honor his parents or guardian;
The kind of funeral is the last manifestation of the kind of life which the 2. Respect his grandparents, old relatives, and persons holding
deceased has attained
substitute parental authority;
3. Exert his utmost for his education and training;
307. The funeral shall be in accordance with the expressed wishes of the
4. Cooperate with the family in all matters that make for the good of
deceased.
the same.
In the absence of such expression, his religious beliefs or affiliation shall
determine the funeral rites. 358. Every parent and every person holding substitute parental authority
shall see to it that the rights of the child are respected and his duties
In case of doubt, the form of the funeral shall be decided upon by the
complied with, and shall particularly, by precept and example, imbue the
person obliged to make arrangements for the same, after consulting the
child with high-mindedness, love of country, veneration for the national
other members of the family.
heroes, fidelity to democracy as a way of life, and attachment to the
ideal of permanent world peace.
308. No human remains shall be retained, interred, disposed of or
exhumed without the consent of the persons mentioned in articles 294
and 305.

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359. The government promotes the full growth of the faculties of every
child. For this purpose, the government will establish, whenever
possible:
1. Schools in every barrio, municipality and city where optional
religious instruction shall be taught as part of the curriculum at the
option of the parent or guardian;
2. Puericulture and similar centers;
3. Councils for the Protection of Children; and
4. Juvenile courts.
360. The Council for the Protection of Children shall look after the
welfare of children in the municipality. It shall, among other functions:
1. Foster the education of every child in the municipality;
2. Encourage the cultivation of the duties of parents;
3. Protect and assist abandoned or mistreated children, and orphans;
4. Take steps to prevent juvenile delinquency;
5. Adopt measures for the health of children;
6. Promote the opening and maintenance of playgrounds
7. Coordinate the activities of organizations devoted to the welfare of
children, and secure their cooperation.
361. Juvenile courts will be established, as far as practicable, in every
chartered city or large municipality.
362. Whenever a child is found delinquent by any court, the father,
mother, or guardian may in a proper case be judicially admonished.
363. In all questions on the care, custody, education and property of
children the latter's welfare shall be paramount. No mother shall be
separated from her child under seven years of age, unless the court finds
compelling reasons for such measure.
USE OF SURNAMES
A persons name is the designation by which he is known and called in
the community in which he lives and is best known
Name
o word or combination of words by which a person is distinguished
from other individuals
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o label or appellation which he bears for the convenience of the world at
large addressing him, or in speaking of or dealing with him
o both personal as well as public interest that every person must have a
name
Two parts of the name of an individual:
1. Given or proper name
Given to the individual at birth or at baptism, to distinguish him
from other individuals
May be freely selected by the parents of the child
2. Surname or family name
Identifies the family to which he belongs and is continued from
parent to child
Fixed by law
3. Middle names
Serve to identify the maternal lineage or filiation of a person
To further distinguish him or her from others who may have the
same given name and surname as he or she has
Characteristics of a name:
1. Absolute, intended to protect the individual from being confused with
others
2. Obligatory in some respects, for nobody can be without a name
3. Fixed, unchangeable or immutable, at least at the start, and maybe
changed only for good cause and by judicial proceedings
4. Outside the commerce of man, and therefore inalienable and
intransmissible by act inter vivos or mortis causes
5. Imprescriptible
TITLE XIII USE OF SURNAMES
364. Legitimate and legitimated children shall principally use the
surname of the father.
The SC ruled that the worked principally used in Art. 364 is not
equivalent to exclusively so that there is no legal obstacle if a
legitimate or legitimated child should choose to use the surname of the
mother to which it is equally entitled
365. An adopted child shall bear the surname of the adopter.
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366. A natural child acknowledged by both parents shall principally use
the surname of the father. If recognized by only one of the parents, a
natural child shall employ the surname of the recognizing parent.
367. Natural children by legal fiction shall principally employ the
surname of the father.
368. Illegitimate children referred to in Article 287 shall bear the
surname of the mother.
369. Children conceived before the decree annulling a voidable marriage
shall principally use the surname of the father.
370. A married woman may use:
1. Her maiden first name and surname and add her husband's
surname, or
2. Her maiden first name and her husband's surname or
3. Her husband's full name, but prefixing a word indicating that she is
his wife, such as "Mrs."
Art. 370 is directory and permissive in character because when a woman
gets married, she does not change her name but only her civil status
The use of surname is a fundamental right
Four alternatives in the use of name of a married woman: (Corazon
Cojuangco married to Benigno Aquino, Jr.)
1. Corazon Cojuangco
2. Corazon Cojuangco-Aquino
3. Corazon Aquino
4. Mrs. Benigno Aquino, Jr.
371. In case of annulment of marriage, and the wife is the guilty party,
she shall resume her maiden name and surname. If she is the innocent
spouse, she may resume her maiden name and surname. However, she
may choose to continue employing her former husband's surname,
unless:
1. The court decrees otherwise, or
2. She or the former husband is married again to another person.
Forms of name of the women when her marriage is annulled: (Maria
Cruz-Santos married to Juan Santos)
1. If she is guiltyMaria Cruz
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2. If she is innocentMaria Cruz or Maria Cruz-Santos
372. When legal separation has been granted, the wife shall continue
using her name and surname employed before the legal separation.
373. A widow may use the deceased husband's surname as though he
were still living, in accordance with Article 370.
374. In case of identity of names and surnames, the younger person shall
be obliged to use such additional name or surname as will avoid
confusion.
Godfathers name is Juan Santos, so, the godsons name should have an
additional name, Juan Pedro Santos
375. In case of identity of names and surnames between ascendants and
descendants, the word "Junior" can be used only by a son. Grandsons
and other direct male descendants shall either:
1. Add a middle name or the mother's surname, or
2. Add the Roman Numerals II, III, and so on.
Only the son can use the word junior
If Juan Santos names his son after his father, Roberto Santos, such son
shall be named Roberto Santos II
376. No person can change his name or surname without judicial
authority.
Repealed by RA 9048, otherwise known as An Act Authorizing The
City Or Municipal Civil Registrar Or The Consul General To Correct A
Clerical Or Typographical Error In An Entry And/Or Change Of First
Name Or Nickname In The Civil Registrar Without Need Of Judicial
Order. Amending For This Purpose Articles 376 And 412 Of The Civil
Code Of The Philippines.
Sec. 4. Grounds for Change of First Name or Nickname. the petition for
change of first name or nickname may be allowed in any of the
following cases:
o The petitioner finds the first name or nickname to be ridiculous,
tainted with dishonor or extremely difficult to write or pronounce
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 o The new first name or nickname has been habitually and continuously
used by the petitioner and he has been publicly known by the first
names or nicknames in the community
o The change will avoid confusion
A change of name is a privilege and not a matter of right where the
petitioner must show proper or reasonable cause or any compelling
reason which may justify such change
A change of surname is a matter of judicial discretion which must be
exercised in the light of the reasons adduced and the consequences that
will likely follow
Proper and reasonable causes or compelling reasons for change of
surname:
1. A ridiculous name, a name tainted with dishonor, or a name extremely
difficult to write or pronounce
2. A change of civil status
3. A need to avoid confusion
4. A sincere desire to adopt a Filipino name to erase signs of a former
alien nationality which unduly hamper social and business life, in the
absence of prejudice to the State or any individual
A change of name does not alter family relations, rights or duties, legal
capacity, civil status or citizenship
Publication of the petition for change of name is essential for the court
to acquire jurisdiction
377. Usurpation of a name and surname may be the subject of an action
for damages and other relief.
Usurpation of a name
o Implies some injury to the interests of the owner of the name
o There is a possibility of confusion between the owner and the usurper
o Exists when a person designates himself by another name
Elements of usurpation of a name:
1. There is an actual use of anothers name
2. The use is unauthorized
3. The use of anothers name is to designate personality or identify a
person
378. The unauthorized or unlawful use of another person's surname
gives a right of action to the latter.
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379. The employment of pen names or stage names is permitted,
provided it is done in good faith and there is no injury to third persons.
Pen names and stage names cannot be usurped.
380. Except as provided in the preceding article, no person shall use
different names and surnames.
TITLE XIV ABSENCE
Chapter 1 PROVISIONAL MEASURES IN CASE OF ABSENCE
381. When a person disappears from his domicile, his whereabouts
being unknown, and without leaving an agent to administer his property,
the judge, at the instance of an interested party, a relative, or a friend,
may appoint a person to represent him in all that may be necessary.
This same rule shall be observed when under similar circumstances the
power conferred by the absentee has expired.
382. The appointment referred to in the preceding article having been
made, the judge shall take the necessary measures to safeguard the
rights and interests of the absentee and shall specify the powers,
obligations and remuneration of his representative, regulating them,
according to the circumstances, by the rules concerning guardians.
383. In the appointment of a representative, the spouse present shall be
preferred when there is no legal separation.
If the absentee left no spouse, or if the spouse present is a minor, any
competent person may be appointed by the court.
or if the spouse present is a minor has been repealed by RA 6809
which lowered the emancipation age to 18
Chapter 2 DECLARATION OF ABSENCE
384. Two years having elapsed without any news about the absentee or
since the receipt of the last news, and five years in case the absentee has
left a person in charge of the administration of his property, his absence
may be declared.
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385. The following may ask for the declaration of absence:
1. The spouse present;
This can be a source for an involuntary judicial separation of property,
therefore, a basis for the termination of absolute community property
or conjugal partnership of grains
2. The heirs instituted in a will, who may present an authentic copy of
the same;
3. The relatives who may succeed by the law of intestacy;
4. Those who may have over the property of the absentee some right
subordinated to the condition of his death.
386. The judicial declaration of absence shall not take effect until six
months after its publication in a newspaper of general circulation.
Chapter 3 ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
387. An administrator of the absentee's property shall be appointed in
accordance with Article 383.
388. The wife who is appointed as an administratrix of the husband's
property cannot alienate or encumber the husband's property, or that of
the conjugal partnership, without judicial authority.
While the provision refers only to the wife, a husband likewise is
prohibited from alienating the properties of the wife without her
consent under the Family Code
389. The administration shall cease in any of the following cases:
1. When the absentee appears personally or by means of an agent;
2. When the death of the absentee is proved and his testate or
intestate heirs appear;
If the person dies without a will, intestate proceedings will be
instituted where a new administrator of his or her estate shall be
appointed
3. When a third person appears, showing by a proper document that
he has acquired the absentee's property by purchase or other title.
In these cases the administrator shall cease in the performance of his
office, and the property shall be at the disposal of those who may have a
right thereto.
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Chapter 4 PRESUMPTION OF DEATH
390. After an absence of seven years, it being unknown whether or not
the absentee still lives, he shall be presumed dead for all purposes,
except for those of succession.
Absence from his domicile for the amount of years specified where
his existence is doubtful and may be presumed dead
The absentee shall not be presumed dead for the purpose of opening his
succession till after an absence of ten years. If he disappeared after the
age of seventy-five years, an absence of five years shall be sufficient in
order that his succession may be opened.
Except for the purpose of remarriage under Art. 41 of the Family
Code, there is no need for filing a case to declare that one is
presumptively dead
391. The following shall be presumed dead for all purposes, including the
division of the estate among the heirs:
1. A person on board a vessel lost during a sea voyage, or an
aeroplane which is missing, who has not been heard of for four
years since the loss of the vessel or aeroplane;
2. A person in the armed forces who has taken part in war, and has
been missing for four years;
3. A person who has been in danger of death under other
circumstances and his existence has not been known for four years.
392. If the absentee appears, or without appearing his existence is
proved, he shall recover his property in the condition in which it may be
found, and the price of any property that may have been alienated or
the property acquired therewith; but he cannot claim either fruits or
rents.
Chapter 5 EFFECT OF ABSENCE UPON THE CONTINGENT RIGHTS OF THE
ABSENTEE
393. Whoever claims a right pertaining to a person whose existence is
not recognized must prove that he was living at the time his existence
was necessary in order to acquire said right.
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 If a person is known to be dead and there is a controversy as to the TITLE XVI CIVIL REGISTRY
validity of a transaction allegedly entered into by him, the person
claiming validity must prove that , at the time it was entered into, the 407. Acts, events and judicial decrees concerning the civil status of
person who entered the contract or incurred the obligation was alive persons shall be recorded in the civil register.
If some right exists in favor of a deceased and such right is sought to
be enforced, the individual seeking to enforce such right must prove 408. The following shall be entered in the civil register:
that the right was vested in favor of the deceased while the latter was 1. births;
still living 2. marriages;
3. deaths;
394. Without prejudice to the provision of the preceding article, upon 4. legal separations;
the opening of a succession to which an absentee is called, his share 5. annulments of marriage;
shall accrue to his co-heirs, unless he has heirs, assigns, or a 6. judgments declaring marriages void from the beginning;
representative. They shall all, as the case may be, make an inventory of 7. legitimations;
the property. 8. adoptions;
The disposition of the inheritance of an absentee shall benefit either 9. acknowledgments of natural children;
his or her co-heirs or his or her own heirs, assigns or representatives 10. naturalization;
Example: A and B are brothers. A was declared an absentee. Their 11. loss, or recovery of citizenship;
father died leaving P100k but without a last will. B will get P50k, while 12. civil interdiction;
A will not get anything being an absentee but since he has a son, As 13. judicial determination of filiation;
son will inherit the P50k originally for A by right of representation 14. voluntary emancipation of a minor; and
15. changes of name.
395. The provisions of the preceding article are understood to be
without prejudice to the action of petition for inheritance or other rights 409. In cases of legal separation, adoption, naturalization and other
which are vested in the absentee, his representatives or successors in judicial orders mentioned in the preceding article, it shall be the duty of
interest. These rights shall not be extinguished save by lapse of time the clerk of the court which issued the decree to ascertain whether the
fixed for prescription. In the record that is made in the Registry of the same has been registered, and if this has not been done, to send a copy
real estate which accrues to the coheirs, the circumstance of its being of said decree to the civil registry of the city or municipality where the
subject to the provisions of this article shall be stated. court is functioning.
This right to claim the inheritance by the absentee is also given to the
absentees representatives or successors. 410. The books making up the civil register and all documents relating
However, the absentee, his or her representatives or successors must thereto shall be considered public documents and shall be prima facie
file the petition within the prescriptive period provided by law evidence of the facts therein contained.
Contents of birth records, including birth certificate, are confidential
396. Those who may have entered upon the inheritance shall and cannot be revealed except when obtained by those interested
appropriate the fruits received in good faith so long as the absentee therein, namely:
does not appear, or while his representatives or successors in interest do 1. The person himself, or any person authorized by him
not bring the proper actions.

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

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

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

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

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

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