Persons Reviewer For Sta. Maria 1 12

Persons and Family Relations 2009 (Atty. Sta.
Maria)
CIVIL CODE OF THE PHILIPPINES: Preliminary Title

Article Summary Summarized Annotation: Added Info:
Article 1: Civil Code of the
Philippines
Art. 2: Laws shall take effect 15 - Civil code took effect on August 30, 1950 Covered Under this Rule:
days following the completion - EO 200 was issued by President Aquino on June 1987 which - Presidential decrees and
of their publication provided that pursuant to the ruling in Taada v. Tuvera executive orders by the
publication need not be made in the Official Gazette, considering president in exercise of
its erratic release and limited readership. his legislative powers.
- Newspapers for general circulation could better perform the - Administrative rules and
function of communicating the laws to the peoplemore regulations if their
available, wider circulation, comes out regularly. purpose is to enforce or
- If a statute does not provide for its effectivity, it will only take implement existing law
effect 15days after the completion of its publication. (No one pursuant to a valid
shall be charged under the statute until the completion of the delegation.
publication.) - City charter must be
- Statutes may provide for another number of days for publication. published even if it is only
The statement unless otherwise provided refers only to the applicable to a portion of
15 days (which can be changed to a different number) and not national territory *
the requirement of publication. Publication is indispensable. Interpretative regulation
and those internal in
nature need not be
published.
Art. 3: Ignorance of the law - It is the presumption that every person knows the law.
excuses no one - Ignorance cannot be put up as a defense because it can always
be used causing disorder in society
- This is the reason why publication is an essential element, so
that no one can excuse himself or herself for not knowing.
D. Sobrepea 1
Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 4: Laws shall not be - Statutes are to be construed as having prospective or future
retroactive unless provided operation only it is not meant to be applicable to the past unless
it is expressly provided for or is clearly and necessarily implied
from the law.
Cases when the law may be given retroactive effect:
1. The law expressly provides
2. When the law is curative or remedial meant to cure defects in
order to enforce existing obligations. To enable people to carry
into effect what they intended in the obligation but could not due
to some statute. Not meant to impair obligation or affect vested

rights.
3. When the law is procedural when it deals with procedure it
applies to all actions, which have accrued, or pending and future
actions.
Ex. When the legislature provides that all bills should under go 4
readings instead of 3. This affects all bills that have been created and
even those already undergoing readings.
4. When the law is penal in character and is favorable to the
accused.
Art. 5: Acts committed against MANDATORY PROVISIONS OF LAWS: If one fails to commit certain
mandatory and prohibitory laws acts that are mandatory in the law, it renders the proceeding or acts to
shall be void. which it relates as illegal or void.
Ex. The law provides The action to revoke the donation under this
article must be brought within 5 years from the time the decree of legal
separation has become final. (Article 64, Family Code)
PROHIBITORY LAWS: Those that one is not supposed to do. Couched

in negative terms.
Ex. The law provides that No legal separation may be decreed unless
the court has taken steps towards reconciliation. (Article 59, Family
Code)
D. Sobrepea 2
Art. 6: Waiver of Rights - Rights may be waived unless it is contrary to law, public policy, Examples of what cannot be
morals or good customs, or prejudicial to a third person with a waived:
right recognized by law. 1. Waiver against the right to
- The right must exist at the time of the waiver. purchase land.
Requisites: 2. Waive an action against
1. The person knows that a right exists future fraud
2. Has adequate knowledge upon which to make an intelligent 3. Waive right to receive
decision less than the
3. Knowledge of the facts related to the right to be waived compensation a worker is
4. Must be shown that the waiver is made knowingly and to receive under the law.
intelligently
- Rights provided for in statutes can generally be waived unless the
object of the statute is to protect or promote public interest
Art. 7: Repealed Laws - Laws are repealed only by subsequent ones
- Between a law and the Constitution, the latter prevails
- Administrative or executive acts are valid only when they are not
contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new
law
- Where a portion of a statute is rendered unconstitutional and
part is valid the arts may be separated if they can stand
independently of one another.
Art. 8: Judicial decisions form - Judicial decisions, applying and interpreting laws and the Constitution,
case laws assume the same authority as laws.
Art. 9: Responsibility of the - Judges must not evade performance of their responsibility because of
courts an apparent non-existence or vagueness of a law governing a particular
legal dispute.
Art. 10: It is presumed that the - The court must first apply the law, only when there is ambiguity
lawmaking body intended right in its application should there be any kind of interpretation.
and justice to prevail - The interpretation should be in line with the intent of the
legislature or the end sought to be attained.
D. Sobrepea 3
Art. 11: Customs CUSTOM: a rule of conduct formed by repetition of acts, uniformly
Art. 12: Customs must be observed as a social rule, which is legally binding and has obligatory
proved accdg. to the rules of force.
evidence. JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law
unlike a social custom, which cannot do so.
Art. 13: Years, days, months Years: 365 days each
Months: 30 days if designated by their name, they shall be computed
by the number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
Art. 14: Penal laws - All citizens or foreigners who sojourner are subject to all penal Exception:
laws and laws meant for public security and safety. Foreigners who are immune from
- suit and thus cannot be charged
(diplomatic agents)
Art. 15: Nationality rule - Regardless of where a citizen of the Philippines might be he or Thus a Filipino cannot get a
she will still be governed by Philippine laws when it comes to divorce even if he or she goes
family rights, duties, or to his or her legal status and legal abroad, since divorce is not
capacity, recognized in the Philippines
Art. 16: Real & Personal - Real and Personal Property are subject to the law of the country
Property where it is found. However, when it comes to the order, amount,

and intrinsic validity of the succession it shall be regulated by
the law of the person whose succession is being considered
regardless of where the property is to be found.
D. Sobrepea 4
Art. 17: Forms and Solemnities Extrinsic validity: the laws shall govern the forms of contracts and wills
of contracts/will, acts done where they are made. Thus a will made in the U.S. must follow the laws
before consular officials, regarding the forms of wills in the U.S.
prohibitive laws Acts before Diplomatic and Consular Officials: Any act or contract
made in a foreign country made before the diplomatic and consular
officials must also conform to Philippine laws. This is because in the
premises of a diplomatic office the foreign country waives its jurisdiction
so the Philippine laws govern in the premises of the Philippine
Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their
acts and those meant for public order, public policy, or good customs will
continue to be in effect even if the person is in a different country with
different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy
is legal, the second marriage is void since bigamy is not permitted in the
Philippines.
Art. 18: Deficiency in the Code - When there are deficiencies in the Code of Commerce and
of Commerce and special laws Special Laws the civil code will govern such deficiency. Ex. In
the Code of Commerce there is no stated prescription date for
a certain act, thus the provisions on prescription in the civil
code will govern.
- However one must check the kind of transaction at hand and
whether the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a one
year prescription for making a claim for loss or damage and the plaintiff
believed that he could extend the prescriptive period by giving a written
demand pursuant to Art. 1155 of the civil code, especially since the civil
code is meant to be supplementary according to Art. 18. However the
Supreme Court ruled that it was not applicable because when it comes
to matters of goods in transport it is desirable that it be resolved at once
taking into consideration the nature of the goods.
HUMAN RELATIONS
D. Sobrepea 5
Art. 19: Abuse of right doctrine - Meant to be a law of justice and fairness especially in instances *The three articles are
wherein there is no specific law to prevent acts of abuse to another. related to each other and
- It is a rule of conduct that is meant to create a harmonious and orderly under these articles an act,
relation ship between people which causes injury to
Art. 20: willfully or negligently - Speaks of the general sanction for all other provisions of law, which do another, may be made the
causes damage to another not especially provide their own sanction. basis for an award for
- Designed to fill in the countless gaps in the statues, which leave many damages.
victims without recourse.
Art. 21: Contrary to good Elements:
customs, morals, or public 1. There is an act which is legal
policy 2. But which is contrary to morals, good customs, public order, public
policy
3. And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result of
another persons act
Art. 22: One who comes into UNJUST ENRICHMENT: one should not unduly profit on something which he
the possession of another is does not own
obliged to make restitution - Thus if one is benefited at the expense of another, he must pay or indemnify
the other for what he has gained.
Art. 23: Even if the act was not
due to ones fault or negligent
he is still liable for indemnity if
he was benefited.
Art. 24: Protecting the rights of It is the courts duty to render justice and give protection on account of those
the disadvantage who are disadvantage due to moral dependence, ignorance, indigence
(poverty), mental weakness, tender age or other handicap.
Art. 25: Extravagance during The courts at the instance of the government or any private charitable institution
acute public want or can order one to stop extreme spending during times of emergency.
emergency Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline
to power his private amusement park. the court may order him to seize such at
the instance of the government or charitable institution to prevent such in times
of emergency.
D. Sobrepea 6
Art. 26: Respect privacy of - Meant to enforce the right of one to his privacy in ones own home, religious
others. Respect for human freedom, prevent moral suffering, vexation, humiliation,
dignity
Art. 27: Public servant refuses - One may file an action for damages against the officer who does not perform *If the officer is no day off,
or neglects to do his duty his official duty without just cause. then one cannot file an
without just cause - A public officer who commits a tort or other wrongful act is still liable to the action against him.
victim.
Art. 28: Unfair competition - Necessary to promote a system of free enterprise and a fair chance for others
to engage in business and earn a living.
Art. 29: Civil action when guilt - If in a criminal case, the accused is not proven guilty beyond reasonable doubt
is not proved beyond a civil action may be made and the degree of proof necessary is only a
reasonable doubt preponderance of evidence which means that more evidence is adduced to
prove the guilt of the accused compared to that to defend him.
Art. 30: Civil obligation arising - A civil obligation arising from a criminal offense only needs a preponderance
from a criminal offense of evidence as the quantum of proof,
Art. 31: Civil obligation not - Usually a criminal proceeding, if commenced, must be terminated
arising from the felony before a civil proceeding can begin. If a civil proceeding has begun and
later on a criminal proceeding is filed, the civil proceeding is put on hold
until the criminal proceeding has finished.
- However when the civil obligation is separate from the crime committed
it may proceed independently of the criminal proceeding.
- Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is
based from the breach of the contractual obligation of all common carriers to
take extra diligence in driving his passengers. The criminal action here is based
on the drivers criminal negligence. The first is governed by the civil code and
the second is from the Revised Penal Code.
Art. 32: Civil action for - Necessary to have an absolute separate and independent civil action for the
violation of constitutional violation of civil liberties for the effective maintenance of democracy.
rights
D. Sobrepea 7
Art. 33: Civil action for - Principle is to allow the citizen to enforce his rights regardless of State *Criminal negligence
violation of private rights action so that citizens will not depend upon the government for the vindication of (reckless imprudence) is not
their own private rights. included in this article, thus
- Includes fraud, defamation, physical injuries and are understood in their an independent action for
ordinary sense. such cannot be made
independently from the
criminal prosecution.
Art. 34: Members of the Police - When there is danger to life or property, such peace officer shall
Force be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible.
- An independent civil action can be instituted wherein a
preponderance of evidence is all that is required.
Art 35: Reservation of civil - When a person claiming to be injured by a criminal offense, charges another
action but the judges fails to find any crime to have been committed or if the
prosecuting attorney refuses/fails to institute criminal proceedings
Art. 36: Prejudicial Questions - The general rule is that the criminal case takes precedence; an
exception would be if there exist prejudicial questions, which should be
resolved before the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal action that
which requires a decision before a final judgment is rendered in the principal
action where the said question is closely connected. The resolution of the
Prejudicial question will determine if the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy against B.
B also filed a civil case against C (the second spouse) contending that she was
intimidated into marrying C. The civil case to determine whether there was
intimidation or not must necessary be resolved before the bigamy case. If B
was indeed intimidated in marrying C, there is no bigamy.
CIVIL PERSONALITY: GENERAL PROVISIONS
D. Sobrepea 8
Art. 37: Juridical Capacity and JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in
Capacity to Act. every person and is lost only through death.
- Acquired when one is conceived (rights of the unborn child)
CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost
- Acquired when one reaches the age of majority, lost in cases like civil
interdiction1.
Art. 38: Restrictions on the Restrictions on the capacity to act: Minority, insanity or imbecility, state of being * Both men and women are
capacity to act a deaf-mute, prodigality, and civil interdiction are mere restrictions on the qualified from all acts of civil
capacity to act. Do not exempt the person from certain obligations. life when they reach the age
Art. 39: Modification or limit Modify/limit capacity to act: age, insanity, imbecility, the state of being a of majority (18 years old)
capacity to act deafmute, penalty, prodigality, family relations, alienage, absence, insolvency,
and trusteeship.
NATURAL PERSONS
Art. 40: Commencement of - Birth determines personality but the conceived child shall be considered -For purposes of inheritance
Civil personality born for all purposes that are favorable to it. Provided that the and succession, a child
conceived child is later born with the conditions in Art. 41. conceived at the time of
Art. 41: conditions to - The fetus is considered born if it is alive from the time it was completely death of the decedent can s
determine when the child is delivered from the mothers womb. BUT if the fetus was alive in the
considered conceived. womb for less than 7 months it is not deemed born if it dies within 24
hours it is delivered form the womb.
Art. 42: Civil personality - Death puts an end to civil personality
extinguished at death - Dead person continues to have personality only through contract, will, or
as determined by law. Creditors can still claim from the estate of the
deceased any obligation due to them.
- No human body shall be buried unless the proper death certificate has
been presented and recorded however during an epidemic bodies may
be buried provided that the death certificate be secured within 5 days
after the burial.
1
An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
guardianship, right to manage his property and the right to dispose of such property by any act.
D. Sobrepea 9
Art. 43: Doubt between the - Applies to persons who are called to succeed each other like mother
death of two or more persons and child. (Necessary to determine the amount of inheritance one is to
receive, transmission of rights, etc.)
- If there is no proof as to who died first, they are presumed to have died
at the same time and thus no transmission of rights from one to the
other.
- Proof of death cannot be established from mere inference or
presumptions. It must be established by clear positive evidence.
JURIDICAL PERSONS
Art. 44: Who are juridical JURIDICAL PERSON: Being of legal existence susceptible of rights and
persons obligations.
1. State: organized corporate society under a government with the legal
Art. 45: What governs juridical competence to exact obedience of its commands. It can enter into
persons treaties and contracts.
- The state cannot be sued without its consent (implied or expressed)
Art. 46: Rights and obligations 2. Political subdivisions: municipal corporations that consist of
of juridical persons provinces, cities and municipalities. They can be sued because it is
granted by their charters but they are generally not liable for torts
committed in the discharge of their governmental functions.
3. Corporation: An artificial being created by operation of law and has the
powers and attributes granted to it by the law, which created it.
4. Partnership: 2 or more persons bind themselves to make contributions
to a common fund with the intention of dividing the profits among
themselves.
*Corporations, partnerships, and associations for private interest and purpose
may be granted a separate and distinct personality from the shareholders or
D. Sobrepea 10
members (this is known as the veil of corporate fiction). However, this veil may
be pierced, thus making the shareholders and members liable, when the fiction
is used to defeat public convenience, justify wrong, protect fraud, defend crime,
perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and entities for
public interest or purpose are governed by the laws creating them.
*Private corporations are regulated by laws of general application on the subject
*Partnerships are governed by the provisions of this Code concerning
partnerships
*Juridical persons may acquire and possess property of all kinds and incur
obligations in conformity with the laws and regulations of their organization.
Art. 47: Dissolution of - Upon the dissolution of such entities mentioned above, their properties
corporations and other assets should be disposed of in pursuance of law or the
charter creating it.
- If there is nothing in the law, it shall be applied for a similar purpose for
the benefit of the region/province/city it is in.
CITIZENSHIP AND DOMICILE
D. Sobrepea 11
Art. 48: Who are Citizens of the Philippines: Jus Sanguinis: Refers to
citizens of the 1. Those who are citizens at the time of the adoption of the Philippine citizenship by blood. This is the
Philippines Constitution. concept followed in the
2. Those born in the Philippines, before the adoption of the said constitution, Philippines.
Art. 49: Naturalization with foreign parents who have been elected to public office in the Jus Soli: Refers to citizenship
and reacquisition of Philippines. on the basis of the place of birth
loss citizenship 3. Those whose Fathers are Filipino
4. Those whose mothers are Filipino and elect Philippine Citizenship when Acquisition of Citizenship: for
Art. 50: Domicile of they reach the age of majority. 5. Those who are naturalized a foreigner to be able to become
natural persons DOMICILE: Fixed permanent resident, a place wherein, although one may be a Philippine citizen, a proper
absent from, one still has the intention of returning and remaining for an unlimited petition shall be filed in the
time. There is only one domicile. proper court.
- A minor follows the domicile of his parents Change
in Domicile: Ground for Reacquisition of
1. An actual removal or an actual change or domicile Citizenship:
2. A bona fide intention of abandoning the former domicile and establishing a 1.By naturalization
new one. 2.Repatriation of deserters of the
3. Act, which correspond with the purpose (physical presence in the area, Army, Navy or Air Corps.
move family in area, register as a voter in the area, etc.) (Woman who has lost her
citizenship by reason of marriage
RESIDENCE: Indicates a place of abode whether permanent or temporary, not to an alien may be repatriated
necessarily the domicile. There may be more than one residence. after the termination of her marital
Art. 51: Domicile of - When the law creates or recognizes a juridical person but doesnt fix the domicile it status)
juridical person shall be understood to be the place where it has legal representation 3.By direct act of congress
D. Sobrepea 12
THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article Summary of Annotation Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of permanent Nature of Marriage: *Marriage as a special
union between a man and a woman entered into in -Marriage is one of the basic civil rights of man. The contract cannot be restricted
accordance with the law for the establishment of freedom to marry has been recognized as a vital by discriminatory policies of
conjugal and family life. personal right towards the pursuit of mans happiness. - private individuals or
It is the foundation of the family and an inviolable Still considered as a special civil contract regulated by corporations.
social institution whose nature, consequences, and law due to the high state interest in protecting and
incidents are governed by law and not subject to safeguarding the family. MAIL-ORDER BRIDE:
stipulation, except that marriage settlements may fix -A contract to marry, unlike other contracts, cannot be considered as a criminal
the property relations during the marriage within the modified or changed. Once it is executed a relation is offense because marriage is
limits provided by the code. formed between the parties that cannot be altered. vested with public interest.
The law steps in to hold or bind the parties together. -A (Connected with the
subsequent marriage between the rapist and raped AntiTrafficking Act) Acts
punished:
1. Carry on such a business
2. To advertise the promotion
of such acts.
3. Solicit or attract or any
Filipino woman to become a
member in a club that
matches women for marriage
to foreign nationals for a fee.
4. Use the postal service to
promote the prohibited acts.
VALIDITY OF MARRIAGE:
governed by the law effective
at the time of the celebration
of the marriage.
D. Sobrepea 13
victim extinguishes the criminal action or penalty of the

rapist. In case of marital rape2
Marriage Status: Marriage creates a social status,

which the state is interested in protecting. It is a case
where a double status is created, involves and affects
two persons.
Marriage in International Law: men and women of full

age without any limitation due to race, nationality or
religion have the right to marry and found a family.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and
Cultural Rights
3. International Covenant on Civil and Political Rights.
2
Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.
D. Sobrepea 14
Constitutional Protection: The State recognizes the

sanctity of family life and shall protect and strengthen it.
The state also recognizes marriage as an inviolable
social institution and the foundation of the family and
shall be protected by the state.
* The constitutional provisions on marriage however do
NOT mean that legislature cannot enact a law allowing
absolute divorce. Marriage is subject to the control of
the legislature but it must not contravene mandates of
Constitution.
Property Relations: Only property relations may be fixed

and arranged in a marriage settlement prior to the
marriage ceremony. However it must still follow the
mandatory provisions of the Family Code.
D. Sobrepea 15
Art 2: No marriage shall be valid unless these LEGAL CAPACITY: Marrying age is 18 years old and Sex change: has not been
essential requisites are present: above, thus if one of the contracting parties is below 18 shown that sex reassignment
1. Legal capacity of the contracting parties who years of age, the marriage is void. surgery would allow one to
must be a male and female. - They cannot be related to each other as produce human beings.
2. Consent freely given in the presence of the provided by Art. 37 and Art. 38 (incestuous
solemnizing officer marriages and those against public policy). Thoughts to ponder: Marriage
- There should be no previous valid subsisting should no to be enjoyed only
marriage; otherwise the subsequent marriage by heterosexual couples. The
will be bigamous. right to marry, found a family,
DIFFERENT SEX: There should be a male and a identity, personality are all
female. Marriage is desirable due to the importance of rights of human beings.
procreation which is one of the reasons why same sex
marriages are prohibited (due to the impossibility of *Parties must be personally
reproduction) present, proxy marriages is
prohibited in the Philippines.
CONSENT:
1. Must be freely given
2. Made in the presence of the solemnizing officer
- Absence of consent makes the marriage void.
However if there is consent but such was obtained
through force, fraud, undue influence, etc then it is
only voidable.
D. Sobrepea 16
Art. 3: The formal requisites of marriage are: AUTHORITY OF THE SOLEMIZING OFFICER: *Presumption leans towards
1. Authority of the solemnizing officer - Those enumerated in Article 7, he must have the legality of the marriage
2. A valid marriage license except in the cases the authority. Thus a priest who has not thus the authority of the
provided for in Chapter 2 of this title renewed his license to marry does not have the officer is presumed absence
3. A marriage ceremony which takes place with authority and cannot be considered for the showing any proof to the
the appearance of the contracting parties marriage. contrary.
before the solemnizing officer and their - The Local Government Code (Jan. 1, 1992)
personal declaration that they take each other provides that a mayor of a city or municipality Merely Irregularities in
as husband and wife in the presence of not may now solemnize marriages. marriage license:
less than 2 witnesses of legal age. 1. Marriage license was
made in a different
Art. 4: The absence of any of the essential or formal Chapter 2 Title 1 of Family Code: exempt from place other than their
requisites shall render the marriage void ab initio, license residence.
except as stated in Article 35 (2) (when one of the 1. Article 27: Both parties are in articulo mortis 2. Name stated therein
contracting parties believed in good faith that the marriage will be valid even if the ailing party is different or
solemnizing officer had authority then the marriage is survives. misspelled
valid) 2. Article 28: Residence is in a remote place 3. Misrepresentation of
In both cases the solemnizing officer must state age (but has to be
A defect in any of the essential requisites shall render in an affidavit that the marriage was performed emancipated18
the marriage voidable as provided in Article 45. as such and that he took necessary steps to years and above)
ascertain the ages and that there were no legal 4. Non-disclosure of
An irregularity in the formal requisites shall not affect impediments to the marriage. prior marriage and
the validity of the marriage but the party or parties 3. Article 33: Marriages among Muslims or ethnic divorce
responsible for the irregularity shall be civilly, cultural communities, as long as performed in 5. Falsely stated that
criminally and administratively liable. accordance with their customs, rites, practices. he or she had not
4. Article 34: Cohabitation by the couple for 5 been previously
Art. 5: Any male or female of the age of eighteen years married.
years or upwards not under any of the impediments 6. Falsely swore that he
* Muslims are governed by Code of Muslim personal
mentioned in Articles 37 and 38 (incestuous marriages or she is not under
laws of the Philippines and not the Family code but the
and those against public policy.) may contract guardianship.
other ethnic groups must comply with the other
marriage. requisites as they are governed by the Family code.
5. Article 34: Cohabitation between man and woman * If the couple have a valid
Art. 6: No prescribed form or religious rite for the for at least 5 years with no legal impediment at marriage license but forgot to
solemnization of the marriage is required. It shall be time of marriage. bring it then marriage will be
necessary, however, for the contracting parties to valid (but if they dont have
VALID MARRIAGE LICENSE: one and procured one after
D. Sobrepea 17
appear personally before the solemnizing officer and - Lasts for 120 days from the date of issue and effective the marriage ceremony the
declare in the presence of not less than two witnesses marriage will be void)
D. Sobrepea 18
of legal age that they take each other as husband and within any part of the Philippines only.
wife. This declaration shall be contained in the * Common law marriages,
marriage certificate which hall be signed by the MARRIAGE CEREMONY: which are non-ceremonial,
contracting parties and their witnesses and attested by - Family code only recognizes ceremonial marriages but are not recognized in the
the solemnizing officer. there is no prescribed form of marriage ceremony. - The Philippines.
minimum requirement is that the parties personally
In case of marriage in articulo mortis, when the party appear before the solemnizing officer and declare that
is at the point of death is unable to sign the marriage they take each other in the presence of at least 2
certificate, it shall be sufficient for one of the witnesses witness of legal age.
to the marriage to write the name of said party, which * Declaration does not have to be vocally expressed
fact shall be attested by the solemnizing officer. may be inferred by the words used, the manner the
ceremony was made, etc. If a wedding took place there
is a presumption that there was an exchange of vows.
* The absence of 2 witnesses of legal age is merely an
irregularity in the ceremony and does not affect the
validity of the marriage.
D. Sobrepea 19
Art. 7: Marriage may be solemnized by: - There is a need to limit the persons who can * Stopovers during a flight or
1. Any incumbent member of the judiciary within solemnize marriages since marriage is an voyage are still considered
the courts jurisdiction important institution the state wants to part of the journey.
2. Any priest, rabbi, imam, or minister of any safeguard and protect.
church or religious sect duly authorized by his - Because the state is interested in marriage, it *If the host country allows
church or religious sect and registered within becomes a party thereto by manifested in the marriages to be solemnized
the civil registrar general, acting within the consent required and granted to limited number by consuls then even if
limits of the written authority granted him by his of officers. between a Filipino and
church or religious sect and provided that at JUDGES: they can only solemnize marriages nonFilipino, the marriage will
least one of the contracting parties belongs to within their jurisdiction and they must be still be valid in accordance
the solemnizing officers church or religious incumbent. Court of Tax Appeals, Sandiganbayan, with Art. 26, which recognizes
sect Court of international comity.
3. Any ship captain or airplane chief in cases Appeals, Supreme Court: National jurisdiction
mentioned in Article 31 Absence of jurisdiction would mean the absence
4. Any military commander of a unit to which a of the authority of the solemnizing officer and GOOD FAITH OF PARTIES:
chaplain is assigned, in the absence of the thus the marriage will be null and void. if the person who solemnized
latter, during a military operation, likewise only PRIEST/MINISTER OF A CHURCH OR RELIGIOUS the marriage did not legally
in the cases mentioned in Article 32 or SECT: he should be authorized by the church to do so, have the authority to
5. Any consul-general, consul or vice consul in he must be registered with the civil registry, and at least solemnize a marriage, if both
one of the contracting parties belongs to his or her
D. Sobrepea 20
the case provided in Article 10. church. or one of the contracting

SHIP CAPTIAN/PILOT: one of the parties must be at the parties believed that such a
point of death, the marriage must be between the person did have the authority
passengers or crewmembers, and the ship or plane the marriage will be valid. Ex.
must be at sea or in flight. A priest did not renew his
An assistant pilot has no authority to solemnize license to marry therefore
marriages even if the main pilot dies. MILITARY does not have the authority
COMMANDER: He or she should be a military to marry. If one of the
commander of a unit, he or she must be a contracting parties knew of
commissioned officer (his rank should start from second this but the other did not the
lieutenant), a chaplain should have been assigned to marriage is still valid.
the unit and such chaplain is absent, the contracting
parties must also be in articulo mortis either members of HOWEVER, they must be one
the military operation or civilians, must be within military of the people who can be
zone (there should be widespread military activity not authorized if they are not the
merely practice). marriage will be void
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: (ignorance of the law excuses
they can only solemnize marriages abroad when both no one)
the contracting parties are Filipino. Ex. A couple goes to a janitor
* They also perform the duties of a local civil to get married. Even if both
registrar parties are in good faith in
(like issuing the license etc.) thinking that a janitor can
* No matter where they are the solemnities and solemnize a marriage they
requirements mandated by Philippine Law shall be should know who by law are
observed. authorized to.
MAYOR: Pursuant to the Local Government Code, the
mayor of a city or municipality can now solemnize
marriages.
* When the mayor cannot perform his duties, the
acting mayor has the authority to solemnize marriages.
D. Sobrepea 21
Art. 8: The marriage shall be solemnized publicly in - Not mandatory but directory in nature.
the chambers of the judge or in open court in the - Its non-compliance will not make the marriage
church, chapel or temple, or in the office of the void but will only cause civil, criminal, or
consulgeneral, consul or vice-consul, as the case may administrative liability.
be, and not elsewhere, except in the cases of Exceptions to venue stated:
marriages contracted at the point of death or in remote 1. When the marriage is in articulo mortis
places in accordance with Article 29 of this Code, or 2. When the marriage is in a remote place
where both of the parties request the solemnizing (transportation etc. is difficult to come by)
officer in writing
in which case the marriage may be solemnized at a 3. When requested by both parties in writing.
house or place designated by them in a sworn
statement to that effect.
Art. 9: A marriage license shall be issued by the local - The marriage license should be procured from the civil
civil registrar of the city or municipality where either registrar of the city or municipality where either of them
contracting party habitually resides, except in resides. However if they obtain it from another place it is
marriages where no license is required in accordance merely an irregularity and does not affect the validity of
with Chapter 2 of this Title. the marriage.
Art. 10: Marriages between Filipino citizens abroad - The consular officials absorb the duties of the
may be solemnized by a consul-general, consul or local civil registrar and the solemnizing officer
vice consul of the Republic of the Philippines. when Filipinos wish to be married abroad.
The issuance of the marriage license and the duties of - The ceremony and requirements should be in
the local civil registrar and of the solemnizing officer accordance with Philippine law.
with regard to the celebration of marriage shall be
performed by said consular official.
D. Sobrepea 22
Art. 11: Where a marriage license is required, each of - Stating all relevant facts needed in order to
the contracting parties shall file separately a sworn determine legal capacity to marry and the
application for such license with the proper local civil eligibility of the parties.
registrar which shall specify the following: - Main purpose is to discourage deception, and
1. Full name of the contracting parties relieve from doubt the status of parties who live
2. Place of birth together.
3. Age and date of birth - Provides evidence of the status and legitimacy
4. Civil Status of offspring.
5. If previously married, how, when and where MARRIAGE APPLICATION: the civil registrar has to
the previous marriage was dissolved or process and issue a marriage license. Even if the civil
annulled registrar knows of a legal impediment he cannot
6. Present residence and citizenship discontinue unless stopped by the court. (This is to
7. Degree of relationship of the contracting prevent bribery and abuse by the civil registrar)
parties
8. Full name, residence and citizenship of the
father
mother
guardian or person having charge, in case the
contracting parties has neither father nor
mother and is under the age of twenty one
years.
The applicants, their parents or guardians shall not be
required to exhibit their residence certificate in any
formality in connection with the securing of the
marriage license.
D. Sobrepea 23
Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth - Emancipation is
certificates or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents obtained at 18; marriage no
duly attested by the persons having custody of the originals. These certificates or certified copies of the longer emancipates a child
documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax. The because they must be 18
signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. years of age to marry.
- Contracting parties 18
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either years old and above but
because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other BELOW 21 years of age must
person that such birth or baptismal certificate has not yet been received though the same has been required of obtain the consent of their
the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish father, mother, surviving
in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil parent, or guardian in the
registrar concerned or any public official authorized to administer oaths. Such instrument shall contain the sworn order mentioned. (Non-
declaration of two witnesses of lawful age, setting forth the full name, residence and citizenship of such compliance makes the
contracting party and of his or her parents, if known, and the place and date of birth of such party. The nearest of marriage
kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good reputation in the annullable)
province or the locality.
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties
appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said
parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon
their personally appearing before him, be convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration
of nullity of his or her previous marriage.
In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance
and his or her actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage,
are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding
D. Sobrepea 24
articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in
writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an
affidavit made in the presence of two witnesses and attested before any official authorized by law to administer
oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if
one is executed instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents - Absence of parental advice
or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the does not affect the marriage.
marriage license shall not be issued till after three months following the completion of the publication of the - Only delays the issuance of
application therefore. A sworn statement by the contracting parties to the effect that such advice has been sought, the marriage license for 3
together with the written advice given, if any, shall be attached to the application for marriage license. Should the months but after 3 months the
parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. license must be issued.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in
addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the
proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure
to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period
of three months from the completion of the publication of the application. Issuance of the marriage license within
the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of
the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be
present at the counseling referred to in the preceding paragraph
D. Sobrepea 25
Art. 17: The local civil registrar shall prepare a notice, - It is the duty of the civil registrar to post a notice -
which shall contain the full names and residences of informing the public of the impending marriage. The
the applicants for a marriage license and other data purpose of which is so that persons having knowledge
given in the applications. The notice shall be posted for of any impediment to the marriage can inform the local
ten consecutive days on a bulletin board outside the civil registrar.
office of the local civil registrar located in a conspicuous - It is to be posted for 10 consecutive days on a
bulletin board outside the office
place within the building and accessible to the general
- The civil registrar shall be issued after the
public. This notice shall request all persons having
period of publication.
knowledge of any impediment to the marriage to advise
the local civil registrar thereof. The marriage license
shall be issued after the completion of the period of
publication.
Art. 18: In case of any impediment known to the local - If an impediment is made known to the civil EXCEPTIONS:
civil registrar or brought to his attention, he shall note registrar he shall merely note it down but he must 1. The courts direct civil
down the particulars thereof and his findings thereon in nonetheless issue the license. This is because the registry to refuse
the application for marriage license, but shall impediments may not be valid at all. giving out the license
nonetheless issue said license after the completion of 2. When the requited
the period of publication, unless ordered otherwise by a - The purpose of which is to prevent graft and certificate of legal
competent court at his own instance or that of any corruption on the part of the civil registry. capacity of foreigners
interest party. No filing fee shall be charged for the is not given (Art. 21)
petition nor a corresponding bond required for the - If the marriage license was issued despite court
issuances of the order. intervention, the marriage will still be valid but the
parties responsible may be criminally or
Art. 19. The local civil registrar shall require the administratively liable.
payment of the fees prescribed by law or regulations
before the issuance of the marriage license. No other
sum shall be collected in the nature of a fee or tax of
any kind for the issuance of said license. It shall,
however, be issued free of charge to indigent parties,
that is those who have no visible means of income or
whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the
local civil registrar.
D. Sobrepea 26
Art. 20: The license shall be valid in any part of the - The marriage license is only valid within the
Philippines for a period of one hundred twenty days Philippines and not abroad.
from the date of issue, and shall be deemed - It is good for 120 days from the date of issue.
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
Art. 21: When either or both of the contracting parties - A certificate of legal capacity is meant to show * The civil registry cannot
are citizens of a foreign country, it shall be necessary that a foreigner is capacitated to marry in his or issue a license without the
for them before a marriage license can be obtained, to her country. The Philippines adheres to the certificate of legal capacity
submit a certificate of legal capacity to contract national law of the contracting parties with however if the civil registry
marriage, issued by their respective diplomatic or respect to their legal capacity to contract does issue the marriage will
consular officials. marriage. still be valid.
Ex. In the US 16 years old is the age when one can
Stateless persons or refugees from other countries contract marriage. A 16-year-old US citizen may
shall, in lieu of the certificate of legal capacity herein contract marriage in the Philippines provided that he
required, submit an affidavit stating the circumstances gives a certificate from his embassy stating that 16
showing such capacity to contract marriage. years old is the legal age to marry.
- If both are citizens of a foreign country and they are
married in their embassy there is no need to follow the
requirement of marriage in the Philippines, only those
of their country.
-If one is a foreigner and one is a Filipino even if they
marry in the consul of the foreigner the certificate of
legal capacity and a marriage license is still necessary.
D. Sobrepea 27
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, *Presumption is always in the
shall also state: validity of marriage.
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence Proofs of marriage:
3. The date and precise time of the celebration of the marriage 1. Marriage contract or
4. That the proper marriage license has been issued according to law, except in marriage provided for in certificate
Chapter 2. Photocopies of the
2 of this Title certificate or contract
5. That either or both of the contracting parties have secured the parental consent in appropriate cases from the local civil
6. That either or both of the contracting parties have complied with the legal requirement regarding parental registry
advice in appropriate cases and 3. Family bible
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof. 4. Baptismal, birth
certificates of kids
5. Judicial decisions
Art. 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 6. Testimonies of
certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage parties, witness,
was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting solemnizing officers
copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the 7. Cohabitation and
marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases, conduct
the affidavit of the contracting party regarding the solemnization of the marriage in place other than those 8. Statement in a will * A
mentioned in Article 8. certificate of marriage
made years after the
marriage is
inadmissible as
evidence.
Art. 24: It shall be the duty of the local civil registrar to - The local civil registrar is the government official
prepare the documents required by this Title, and to charged with the preparation and the keeping of all the
administer oaths to all interested parties without any official documents.
charge in both cases. The documents and affidavits
D. Sobrepea 28
filed in connection with applications for marriage

licenses shall be exempt from documentary stamp tax.
Art. 25. The local civil registrar concerned shall enter

all applications for marriage licenses filed with him in a
registry book strictly in the order in which the same are
received. He shall record in said book the names of the
applicants, the date on which the marriage license was
issued, and such other data as may be necessary
D. Sobrepea 29
Art. 26. All marriages solemnized outside the - Art. 26 refers to formal requisites only, however EXCEPTIONS to international
Philippines, in accordance with the laws in force in the the marriage must still be solemnized. comity:
country where they were solemnized, and valid there - Marriages that are solemnized abroad and are -Either or both contracting
as such, shall also be valid in this country, except those recognized as valid there will also be parties are Filipinos and
prohibited under Articles 35 (1), (4), (5) and (6), 3637 recognized as valid here (international comity) below 18 years of age -
and 38. (17a) Ex. If in Vietnam a doctor is authorized to Polygamous and bigamous
solemnize a marriage and a Filipino couple gets marriages recognized abroad
Where a marriage between a Filipino citizen and a married in Vietnam by a doctor such marriage will not be valid here.
foreigner is validly celebrated and a divorce is will be considered valid in the Philippines. -Marriage abroad where there
thereafter validly obtained abroad by the alien spouse is mistake of identity of the
capacitating him or her to remarry, the Filipino spouse PROOF OF FOREIGN MARRIAGE: necessary to other contracting party is not
shall have capacity to remarry under Philippine law. prove the foreign law and then prove the celebration of recognized here.
marriage. If the law of the other state is not pleaded nor -Marriage by a Filipino to one
proved the laws of the Philippines will be presumed to who is psychologically
be similar to that of foreign laws. incapacitated is not valid here
-Marriages that are
REMEMBER THE LAWS: incestuous are not valid here
ART. 15: laws relating to family rights and duties, or to even if celebrated abroad and
the status, conditions and legal capacity of persons are valid there. (Art. 37) -
binding upon citizens of the Philippines even living Marriages against public
abroad. policy are not valid here either
(Art. 38)
ART. 17: prohibitive laws concerning persons, their -Common law marriages are
acts or property and those which have for their object not recognized here, the
marriage must still be
public order, public policy and good customs shall not
solemnized and not
be rendered ineffective by laws or judgments
contracted.
promulgated, or by determinations or conventions -Same sex marriages
agreed upon in a foreign country
D. Sobrepea 30
between Filipinos are not

ABSOLUTE DIVORCE: valid even if done abroad.
Absolute divorce is not recognized in the Philippines;
even if the couple was married abroad the divorce will * If a Filipino contracts a
not be recognized here if one of them is a Filipino. The foreign marriage which is null
divorce may be recognized in the foreign country where and void under the laws of the
it was obtained but not in the Philippines. But the state where it has been
divorce of a foreign citizen abroad is recognized in the solemnized then such
Philippines as the Philippines recognizes legal capacity marriage will likewise be null
of a foreign person. and void in the Philippines.
*If a Filipino changes citizenship then he can get a
divorce and if he reacquires his Filipino citizenship *If a marriage celebrated
after that the divorce will still hold. abroad is invalid in that
- If a Filipina marries a foreigner and the country but considered valid
foreigner obtains a divorce, the Filipina can in the Philippines, the
marry. marriage will still be invalid.
- If the Filipina obtains a divorce although not The law where the marriage
recognized in the Philippines, it will be has been solemnized shall
recognized against the foreigner and thus the
apply.
foreigner will not have legal standing to sue for
adultery or claim for property after the divorce.
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT

Art. 27: In case either or both of the contracting parties - Solemnizing officers and the mayor are
are at the point of death, the marriage may be empowered to solemnize marriages even
solemnized without necessity of a marriage license and without a marriage license if either or both of
shall remain valid even if the ailing party subsequently the contracting parties are at the point of death.
survives. - Even if the ailing party survives after the
marriage, the marriage will still be valid.
Art. 28. If the residence of either party is so located - This envisions a situation wherein the residence of
that there is no means of transportation to enable such either party is so located that there is no means of
party to appear personally before the local civil transportation to enable such party to appear
registrar, the marriage may be solemnized without personally before the local civil registrar, the marriage
necessity of a marriage license. may be solemnize without a marriage license.
D. Sobrepea 31
Art. 29: In the cases provided for in the two preceding - The solemnizing officer here are those
articles, the solemnizing officer shall state in an affidavit authorized to solemnize under Article 7 and the
executed before the local civil registrar or any other mayor provided that they solemnize the
person legally authorized to administer oaths that the marriage within their jurisdiction and within the
marriage was performed in articulo mortis or that the authority given to them.
residence of either party, specifying the barrio or
barangay, is so located that there is no means of
transportation to enable such party to appear
personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages
and relationship of the contracting parties and the
absence of legal impediment to the marriage.
Art. 30: The original of the affidavit required in the last
preceding article, together with the legible copy of the
marriage contract, shall be sent by the person
solemnizing the marriage to the local civil registrar of
the municipality where it was performed within the
period of thirty days after the performance of the
marriage.
Art. 31: A marriage in articulo mortis between - A pilot or ship captain may solemnize only * If something happens to the
passengers or crew members may also be solemnized marriages at the point of death while the plane main or principal pilot the
by a ship captain or by an airplane pilot not only while is in flight or the ship is at sea even during second in command cannot
the ship is at sea or the plane is in flight, but also during stopovers (it is still considered part of the solemnize marriages. (They
stopovers at ports of call. flight/voyage). are not authorized to by law)
- They can only solemnize marriages between
their passengers and crew members
Art. 32: A military commander of a unit, who is a - The military commander must be a
commissioned officer, shall likewise have authority to commissioned officer (his/her rank should start
solemnize marriages in articulo mortis between from 2nd lieutenant, ensign and above) He
persons within the zone of military operation, whether - should be a commander of a unit.
members of the armed forces or civilians. - There should be a chaplain assigned to the
unit
D. Sobrepea 32
- The marriage should be at the point of death

and in the absence of the chaplain assigned
- The marriage must be solemnized within the
zone of military operations.
- The contracting parties may either be member
of the armed forces or civilians.
Art. 33: Marriages among Muslims or among members - Marriages between parties that belong to
of the ethnic cultural communities may be performed ethnic groups, pagans or Muslims are exempt
validly without the necessity of marriage license, only from procuring a marriage license. The
provided they are solemnized in accordance with their marriage must still be solemnized in
customs, rites or practices. accordance with their customs, rites and
practices.
- Muslims are governed by the Code of Muslim
Personal Laws of the Philippines thus they are
not governed by the Family Code unlike other
ethnic groups who do not have separate laws.
Art. 34: No license shall be necessary for the marriage - Persons cohabiting for at least 5 years living *The solemnizing officer shall
of a man and a woman who have lived together as together as husband and wife are exempt from also state under oath that he
husband and wife for at least five years and without any obtaining a marriage license. ascertained the qualifications
legal impediment to marry each other. The contracting - At the time of marriage, they should be without of the parties and that he
parties shall state the foregoing facts in an affidavit any legal impediment to marry each other. found no legal impediment.
before any person authorized by law to administer Thus during the 5 year period, it is not The fact that the officer to
necessary that there is no legal impediment it
oaths. The solemnizing officer shall also state under investigate shall not invalidate
is only necessary at the time of marriage that
oath that he ascertained the qualifications of the the marriage.
there is none.
contracting parties are found no legal impediment to - The parties shall state the fact of their
the marriage. cohabitation and the absence of any legal
impediment to marry in an affidavit under oath.
Matters that dont affect the validity of the marriage:
Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.
Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.
D. Sobrepea 33
Article 35: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of
cohabitation.
MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning: - Only marriages declared by the legislature, as void should be treated as such.
(1) Those contracted by any party below eighteen There can be no other void marriage except those provided by law.
D. Sobrepea 34
years of age even with the consent of parents or

guardians; Void Marriage Voidable
(2) Those solemnized by any person not legally Cant be a source of rights Can be source of rights
authorized to perform marriages unless such
Cant be ratified Ratified by prescription or
marriages were contracted with either or both parties
cohabitation
believing in good faith that the solemnizing officer had
the legal authority to do so; Can be attacked collaterally. Can only be attacked directly
(3) Those solemnized without license, except Can be questioned after death Only assailed during lifetime
those covered the preceding Chapter; of parties of parties
(4) Those bigamous or polygamous marriages not Action for nullity has no Action prescribes
failing under Article 41; prescription
(5) Those contracted through mistake of one - Estoppel or acquiescence does not apply to remedy the infirmity of a void
contracting party as to the identity of the other; and (6) marriage. Thus if one of the parties stated under oath that they were 25 when
Those subsequent marriages that are void under they were actually 16 the marriage is void despite the oath.
Article 53. - Good faith and bad faith generally is immaterial in void marriages except: when
either of the parties believed in good faith that the solemnizing officer had the
authority to solemnize the marriage when in fact he had none. Second, in case
the spouse disappears for 4 years or 2 years in proper cases the present spouse
may marry again if there is a judicial declaration of presumptive death and at the
time of the celebration of marriage either spouse is in good faith that the absent
spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day
before the wedding but does not tell H. As long as H is in good faith and does not
know of the presence of W the marriage will still be valid.
- Generally evidence other than a judicial declaration of nullity can be presented
except (direct attack needed) for purposes of remarriage, validity of marriage is
essential to the determination of the case, and when a donor desires to revoke a
donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
D. Sobrepea 35
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had
D. Sobrepea 36
such authority. The good faith of the party is what is referred to not the solemnizing
officer.
- Unless it was ignorance of the law then the marriage will be void. The person
must be one of the people in Article 7 thus if a couple is married by a janitor, them
believing that a janitor can celebrate a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
- That mentioned in Article 41 regarding appearance of a spouse after a
declaration of presumptive death.
- Those provided for under the Muslim code.
- When the first marriage was actually void with a judicial declaration of nullity.
Without judicial declaration of nullity then 2nd marriage will be void under Article
40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the
marriage. Here the contracting party absolutely did not intend to marry the other, as the
same is not the person he or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must
undertake the liquidation, partition and distribution of their properties, delivery of
presumptive legitimes, etc. to be able to remarry.
Art. 36: A marriage contracted by any party who, at Psychological incapacity to comply with the essential P.I. Insanity
the time of the celebration, was psychologically marital obligation of marriage at the time of marriage, Cannot be Can be
incapacitated to comply with the essential marital even if it becomes manifest after the solemnization of cured cured
obligations of marriage, shall likewise be void even if the marriage. No consent Consent can
such incapacity becomes manifest only after its - Not defined and thus left on a court-to-court present be given
solemnization. basis. A person may actually be efficient in
since he during lucid
doing other things such as his profession but
does not interval
with regards to his married life it can be
know the
different.
true meaning
of marriage
D. Sobrepea 37
- Not just stubborn refusal but attributed to

psychological causes (not necessarily insane) PROOF to show P.I.:
- Lacking in the exercise of the judgment not lack 1. Observe of duties
of judgment
- True inability to commit oneself to the (living together, etc.)

essentials of marriage psychosexual 2. Procreation
disorders or other personality disorders 3. Obligation of parents to
- Inability to commit to the essentials of marriage children.
procreation, education of offspring, 4. Senseless and
community of life and love protracted refusal to
have intercourse
Must be characterized by: 5. Unreasonable
1. Gravity- grave or serious attachment to ones
2. Juridical antecedence rooted in history of other family or barkada
the party and may manifest after the marriage. 3. 6. Transvestism
Incurability 7. Indulgence of private
fantasy
Jurisprudential Guidelines (CA v. Molina): 8. Alcohol/substance
1. Burden of proof to show the nullity of marriage abuse
belongs to the plaintiff. 9. Extreme immaturity
2. Root cause must be medically or clinically
identified, alleged in the complaint, sufficiently
proven by experts, clearly explained by the
decision, must be psychological not physical.
3. Proven to be existing at the time of the
celebration of the marriage
4. Must be incurable (may be absolute or relative
to the given spouse)
5. Must be grave
D. Sobrepea 38
6. Essential marriage obligations are those

embraced in articles 68 to 713 and Articles 220,
221, 225 with regards to parents and children.
7. Interpretations in National Appellate
Matrimonial tribunal of Catholic Church though
not binding are persuasive
Art. 37: Marriages between the following are Reasons to Condemn Incestuous Marriages: * The relationship being
3
Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the
domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other
conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of
both spouses.
D. Sobrepea 39
incestuous and void from the beginning, whether 1. Abhorrent to nature legitimate or illegitimate is
relationship between the parties be legitimate or 2. Brings about confusion of rights and duties immaterial
illegitimate: 3. Deficient and degenerate offspring
(1) Between ascendants and descendants of any 4. Control sex rivalries within families
degree; and 5. To guide one towards the creation of new
(2) Between brothers and sisters, whether of the nuclear family
full or half blood. 6. Brings about confusion with status
Art. 38: The following marriages shall be void from the - Simulates blood relations although legal fiction (bond created by law, against
beginning for reasons of public policy public policy)
(1) Between collateral blood relatives whether COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a
legitimate or illegitimate, up to the fourth civil degree; lesser degree.
(2) Between step-parents and step-children; COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not
(3) Between parents-in-law and children-in-law; (4) provide that marriages between collateral blood relatives by the half-blood are prohibited.
Between the adopting parent and the adopted child; Case Law: In Re: Simms Estate
(5) Between the surviving spouse of the adopting - Because of specification in brothers and sisters and no specification with uncles
parent and the adopted child; and nieces, marriage between uncles and nieces are not prohibited
(6) Between the surviving spouse of the adopted - Unlike ruling in Audley where it deemed it was unnecessary
child and the adopter; - Marriage between uncles and nieces who are half-blood is valid due to the
(7) Between an adopted child and a legitimate presumption in favor of marriage.
child of the adopter; RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity
(8) Between adopted children of the same adopter; prohibited in the Family Code are marriages between stepparents and stepchildren and
(9) Between parties where one, with the intention to parents-in-law and children-in-law. (May destroy the peacefulness in family relations)
marry the other, killed that other person's spouse, or
Stepbrother and stepsister can marry each other since not included in
his or her own spouse.
the prohibition.
*In the event that the marriage is annulled or nullified or in the event that the marriage is
terminated by death affinity is terminated and thus those that were prohibited due to
affinity can now marry each other. Unless there are living issues (children) in whom the
blood of the parties continue to commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter Adopted
The adopted The adopter
D. Sobrepea 40
The surviving spouse of the adopted The surviving spouse of adopter

(Envisions that the marriage was (Envisions that the marriage was
terminated due to death. But if the terminated due to death. But if the
marriage was terminated after the finality marriage was terminated after the finality
of a nullity or annulment decree then they of a nullity or annulment decree then they
can get married) can get married)

Legitimate children of adopter
Other adopted children of the adopter
Who can they marry:

Adopter Adopted
Children of adopted Parents of adopter
Natural parent Illegitimate child of the adopter
Other relatives Other relatives
Spouse of adopted if alive and not Spouse of adopter if alive and not married
married to adopted to adopter
INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention

to marry the other person, if not then not considered against public policy.
Ex. A wanted to marry B. B was married to C. A kills C because C stole from A. Then A
later on marries B. Such a marriage is valid.
*No criminal conviction is necessary mere preponderance of evidence is required to
prove the killing.
D. Sobrepea 41
Art. 39: The action or defense for the declaration of - Time to file an action for declaration of nullity of
absolute nullity of a marriage shall not prescribe a marriage or to invoke such nullity as a
defense does not prescribe.
- Either party in a void marriage can file a nullity
case even though such party is the wrongdoer.
Only husband and wife can file a court case
declaring the marriage void. But it can still be
collaterally attacked by any interested party in
any proceeding where the determination of the
validity of marriage is necessary to give rise to
certain rights.
Art. 40: The absolute nullity of a previous marriage - A judicial declaration of marriage is the only * The subsequent marriage is
may be invoked for purposes of remarriage on the acceptable proof so that a party can contract a not considered bigamous since
basis solely of a final judgment declaring such subsequent valid marriage. Without it the the first marriage is not valid.
previous marriage void. subsequent marriage will be considered void. In a bigamous marriage the
- In connection with it, Articles 52 and 53 which first subsisting marriage is
In relation to: has to do with the liquidation, partition and valid.

Art. 52: The judgment of annulment or of absolute distribution of the properties without which the Bigamy envisions 2 valid
nullity of the marriage, the partition and distribution of marriage will likewise be void. marriages. If the first or the
the properties of the spouses and the delivery of the BIGAMY: Committed by any person who shall contract second marriage is void then
children's presumptive legitimes shall be recorded in a second or subsequent marriage before the former there can be no bigamy.
the appropriate civil registry and registries of property; marriage has been legally dissolved or before the
otherwise, the same shall not affect third persons. Art. absent spouse has been declared presumptively dead
by judgment.
53: Either of the former spouses may marry again
- Marriage becomes void not because of bigamy but
after compliance with the requirements of the because of certain impositions in law that must be done
immediately preceding Article; otherwise, the before contacting a second marriage.
subsequent marriage shall be null and void.
*Without article 40 one cannot perform Article 52.
D. Sobrepea 42
Art. 41: A marriage contracted by any person during - A declaration of presumptive death is needed Exception: Prior spouse has
subsistence of a previous marriage shall be null and for the absentee in order to contact a new been absent for 4 consecutive
void, unless before the celebration of the subsequent marriage. years and there is a well
marriage, the prior spouse had been absent for four Article 42: The subsequent marriage made will founded belief (must exercise
consecutive years and the spouse present has a become void with the recording of the affidavit of due diligence to ascertain
wellfounded belief that the absent spouse was already reappearance of the subsequent spouse. Such notice whereabouts or if she is dead
dead. In case of disappearance where there is danger will be filed in the civil registry of the residence of the or alive) that absent spouse is
of death under the circumstances set forth in the parties in subsequent marriage, and give them due dead (2 years will suffice if
provisions of Article 391 of the Civil Code, an absence notice- ONLY CASE WHERE MARRIAGE IS there was danger of death)
of only two years shall be sufficient. TERMINATED EXTRAJUDICIALLY. Any interested
For the purpose of contracting the subsequent party can file for the affidavit of reappearance.
marriage under the preceding paragraph the spouse Exception to 42: if the affidavit is fraudulent then it is
present must institute a summary proceeding as ineffectual.
provided in this Code for the declaration of
presumptive death of the absentee, without prejudice
to the effect of reappearance of the absent spouse.
Art. 43: The termination of the subsequent marriage - Applies to Article 40, Article 41 and voidable *Donation made between
referred to in the preceding Article shall produce the marriages. persons who are guilty of
following effects STATUS OF CHILDREN: Children conceived during adultery or concubinage at the
(1) The children of the subsequent marriage the subsequent marriage contemplated in Art. 41 are time of the donation is void.
conceived prior to its termination shall be considered legitimate even if one of the contracting parties is in bad
legitimate; faith.
(2) The absolute community of property or the EFFECT OF TERMINATION ON THE PROPERTY
conjugal partnership, as the case may be, shall be REGIME: The property regime shall be dissolved and
D. Sobrepea 43
dissolved and liquidated, but if either spouse liquidated. After the payment of all debts, the spouses
contracted said marriage in bad faith, his or her share shall divide the net profits of the property equally or in
of the net profits of the community property or conjugal accordance with the stipulated sharing. If a spouse
partnership property shall be forfeited in favor of the acted in bad faith, the guilty spouse shall not get his
common children or, if there are none, the children of share in the net profits (his/her share will be forfeited in
the guilty spouse by a previous marriage or in default favor of the common children, if none the children of
of children, the innocent spouse; the guilty spouse by a previous marriage, if none to the
(3) Donations by reason of marriage shall remain innocent spouse.
valid, except that if the donee contracted the marriage DONATIONS BY REASON OF MARRIAGE: If both
in bad faith, such donations made to said donee are parties are in good faith, the donation shall be valid. If
revoked by operation of law; the donee acted in bad faith in contracting the
(4) The innocent spouse may revoke the marriage, the donation by reason of marriage is
designation of the other spouse who acted in bad faith terminated by operation of law. If both are in bad faith
as beneficiary in any insurance policy, even if such neither can recover what they have given.
designation be stipulated as irrevocable; and DESIGNATION AS BENEFICIARY IN INSURANCE
(5) The spouse who contracted the subsequent POLICY: The innocent spouse has the choice of
marriage in bad faith shall be disqualified to inherit revoking the beneficiary in an insurance policy even if
from the innocent spouse by testate and intestate the policy is irrevocable. (Should inform the insurance
succession. company)
DISQUALIFICATION AS TO INHERITANCE: The
spouse who acted in bad faith shall be disqualified to
inherit from the innocent spouse. If both spouses are in
bad faith according to Article 44 the marriage is void
and the parties cannot inherit.
Art. 44: If both spouses of the subsequent marriage - The marriage shall be considered void only if
acted in bad faith, said marriage shall be void ab initio both spouses in the subsequent marriage are
and all donations by reason of marriage and in bad faith.
testamentary dispositions made by one in favor of the - The good faith of the spouse must be present
other are revoked by operation of law. up to the time of the celebration of the
subsequent marriage.
VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment
(exclusive).
Article Annotation Exception/ Filing:
D. Sobrepea 44
Article 45: Must exist at the time of - The parents of the child can annul the Party to file suit: Parent or guardian before the
marriage marriage at any time prior to the time the child child reaches 21 and the party who did not
1. That the party in whose behalf it is sought to reaches the age of 21. obtain consent within 5 years after reaching
have the marriage annulled was eighteen 21.
years of age or over but below twenty-one, and Ratification: Through cohabitation after
the marriage was solemnized without the reaching the age of 21 years old.
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
2. That either party was of unsound mind, - Must be clear that illness is serious that * If the spouse knew that the spouse was
unless such party after coming to reason, cannot understand marriage contract at the insane prior to the celebration of the marriage
freely cohabited with the other as husband and time of the marriage. she cannot annul the marriage.
wife
Ratification: Through cohabitation by the Party to file suit: Sane spouse without
person with the unsound mind after he has knowledge before the death of either party,
come to reason relative or guardian of insane at any time
*Once ratified the marriage will be valid and no before the death of either party, and insane
longer annullable even if the insanity comes spouse before the death of either party.
back.
D. Sobrepea 45
3. That the consent of either party was *No other misrepresentations will be Exception to 46(2): If the woman was
obtained by fraud, unless such party acceptable to constitute fraud to annul a unchaste and the man knew of her unchaste
afterwards, with full knowledge of the facts marriage. character.
constituting the fraud, freely cohabited with the PREVIOUS CONVICTION: No need for Exception to 46(2): If woman did not inform the
other as husband and wife investigation on the part of the party but there man but pregnancy was apparent.
must be a final judgment.
Article 46: Fraud: existing at time of marriage CONCEALMENT OF PREGNANCY: Party to file suit: Injured party within 5 years
1. Non-disclosure of previous conviction Concealment must be done in bad faith. Thus, after the discovery of fraud
by final judgment of a crime involving if the woman truly believed she was not
moral turpitude. pregnant when she was the marriage cannot
2. Concealment of the wife of the fact be annulled.
that she was pregnant at the time of - Misrepresentation that she was
marriage by another man. pregnant to induce the man to marry
3. Concealment of STD regardless of its her when she was in fact not pregnant
nature existing at the time of the is not considered for annulment.
marriage. CONCEALMENT OF STD: Nature or gravity is
4. Concealment of drug addiction, habitual irrelevant; the fact that it was concealed was
alcoholism, or homosexuality or enough.
lesbianism existing at the time of the CONCEALMENT OF ADDICTIONS: No exact
marriage. meaning but has been defined as persistent
habit of becoming intoxicated, irresistible habit.
*Does not need to get drunk all the time, the
habit of becoming periodically drunk and being
unable to resist when the opportunity arises.
CONCEALMENT OF GENDER
PREFERENCE: considers the effect on the
injured spouse in performing his/her marital
duties. Mental fitness, health, etc. Does not
nurture a natural and wholesome family,
Ratification: Cohabitation after the innocent
spouse has full knowledge of the facts
constituting the fraud
D. Sobrepea 46
4. That the consent of either party was - Violence here may be physical or moral. - Party to file the suit: Injured party within 5
obtained by force, intimidation or undue Intimidation is when there is a reasonable years from the time the force, intimidation or
influence, unless the same having disappeared and well-rounded fear of an imminent and undue influence disappeared or ceased.
or ceased, such party thereafter freely grave evil upon his person or property.
cohabited with the other as husband and wife;
Ratification: Cohabitation after the cause of the
vitiated consent ceases.
5. That either party was physically incapable of - Permanent inability on the part of one Exception: Sterility is not considered
consummating the marriage with the other, of the spouses to perform the complete act of impotency because he can still engage in
and such incapacity continues and appears to sexual intercourse (must be incurable). sexual coition. Organs for conception not
be incurable - Can originate from a psychological necessary because there is still passion.
problem, which affects the physical.
- Must exist at the time of the marriage. Party to file the suit: Within 5 years after the
- May be caused both by husband and marriage ceremony
wife.
NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of
impotence arises when wife remains a virgin
after 3 years from the time of marriage.
6. That either party was afflicted with a No ratification by cohabitation

sexually-transmissible disease found to be
serious and appears to be incurable
Art. 48: In all cases of annulment or - The state will ensure the prevention of
declaration of absolute nullity of marriage, the collusion between the parties (who
Court shall order the prosecuting attorney or may make up a ground to annul the
fiscal assigned to it to appear on behalf of the marriage) and to ensure that the
State to take steps to prevent collusion evidence is not fabricated
between the parties and to take care that - No judgment shall be based on a
evidence is not fabricated or suppressed In confession and a stipulation of facts
the cases referred to in the preceding only.
paragraph, no judgment shall be based upon
a stipulation of facts or confession of judgment
D. Sobrepea 47
Art. 49: During the pendency of the action and - While trial is on going the support of * In nullity cases, if the marriage is deemed to
in the absence of adequate provisions in a the spouses and custody of the be void then the one who got support should
written agreement between the spouses, the children shall be governed by return it with legal interest to the person who
Court shall provide for the support of the whatever agreement the parties have furnished support since such person was not
spouses and the custody and support of their made. If none then they shall be entitled to the support there being no marriage.
common children. The Court shall give supported from the absolute
paramount consideration to the moral and community of property or conjugal
partnership of gains.
material welfare of said children and their
- The court may however make the
choice of the parent with whom they wish to
necessary adjustments in case the
remain as provided to in Title IX. It shall also
agreement is inadequate.
provide for appropriate visitation rights of the
other parent.
Art. 50: The effects provided for by Article 43: effects of termination of subsequent *The judgment and decree of nullity or
paragraphs (2), (3), (4) and (5) of Article 43 marriage (liquidation, disposition, donation, annulment will become final upon the
and by Article 44 shall also apply in the proper insurance, inheritance) expiration of 15 days from the receipt of the
cases to marriages which are declared ab initio Article 44: Both spouses of the subsequent parties of the decision. (Thus any marriage
or annulled by final judgment under Articles 40 marriage are in bad faith the marriage shall be prior to the 15 days may be considered
and 45. void bigamous since the marriage is still subsisting
The final judgment in such cases shall provide Article 40: Final judgment declaring a marriage
at that time.)
for the liquidation, partition and distribution of was void for a subsequent marriage.
the properties of the spouses, the custody and
support of the common children, and the - In all other cases of a void marriage the
delivery of third presumptive legitimes, unless property regime will be governed by Art. 147
such matters had been adjudicated in previous (wages and salaries owned by them in equal
D. Sobrepea 48
judicial proceedings. shares property governed by co-ownership)

Art. 148 (properties acquired through joint
All creditors of the spouses as well as of the contributions only and divided in proportion to
absolute community or the conjugal their contributions)
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.
Art. 51: In said partition, the value of the Presumptive Legitime: Part of the property of * The children or the guardian may seek the
presumptive legitimes of all common children, the testator, which cannot be disposed of enforcement for the delivery of the
computed as of the date of the final judgment because the law has reserved it for certain presumptive legitime.
of the trial court, shall be delivered in cash, compulsory heirs. The decree of annulment or
property or sound securities, unless the nullity of marriage provides for the delivery of
parties, by mutual agreement judicially the presumptive legitimes this is in order to
approved, had already provided for such protect the legitime of the children from
matters. subsequent marriage.
Ex. If A husband of B dies, their child C will
The children or their guardian or the trustee of inherit a legitime from As properties. In this
their property may ask for the enforcement of case there is no death thus the legitime is
the judgment. presumed (what As properties would be if he
died at this time) and that is what is given to C.
The delivery of the presumptive legitimes In the event that the either or both
herein prescribed shall in no way prejudice the parents die later on the presumptive
ultimate successional rights of the children legitime given is considered an
accruing upon the death of either of both of the advance on their legitime and are just
parents; but the value of the properties already given the remaining balance due them.
received under the decree of annulment or In void marriages other than that
absolute nullity shall be considered as provided for in Art. 40, the presumptive
advances on their legitime. legitime is not delivered.
D. Sobrepea 49
Art. 54: Children conceived or born before the - Generally, children conceived and born * If the child is conceived prior to the marriage
judgment of annulment or absolute nullity of outside a valid marriage or inside a void and the marriage is terminated under Art. 36 or
the marriage under Article 36 has become final marriage are illegitimate except those coming 53 child will be illegitimate (the subsequent
and executory shall be considered legitimate. from a marriage void due to psychological void marriage even under these articles will not
Children conceived or born of the subsequent incapacity and those due to lack of judicial legitimate them)
marriage under Article 53 shall likewise be decree of nullity or liquidation or dissolution of
legitimate. property.
LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file
on behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary.
Included as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony Physical violence here is measured not by the * Does not include a ground for legal
1. Repeated physical violence or grossly severity but by the frequency. However if it is separation when the respondent-spouse
abusive conduct directed against the not repeated or is not physical violence it may inflicts violence on his/her own child from a
petitioner, a common child, or a child of the be considered as grossly abusive conduct. previous marriage but may cause to
petitioner suspend or terminate parental authority. Art.
Grossly abusive conduct need not be repeated 231 (1): Parental authority can be
but more of a serious act: rely on suspended when the parent treats the child
proportionality and abusive conduct to what with excessive harshness or cruelty
was committed.
- Continued indifference or aversion to
spouse and persistent neglect of duties
incident to marital relation, etc.
- Use of offensive and abusive language
with intent and fixed purpose of
causing unhappiness.
- Other acts of corruption, which do not
fall under prostitution.
2. Physical violence or moral pressure to - There should be unity in the family and thus *Enforce human rights through acceptance of
compel the petitioner to change religious or the couple should learn to live with each the others right
political affiliation others political ideas.
D. Sobrepea 50
3. Attempt of respondent to corrupt or induce - The children here may or may not be * Other forms of corruption can fall under grave
the petitioner, a common child, or a child of the emancipated. abuse of conduct
petitioner, to engage in prostitution, or - The corrupt act here refers to
connivance in such corruption or inducement prostitution only, a mere attempt is enough the
respondent need not be successful at the
corruption or inducement.
- There is no cause of action when the
child
involved is that of the respondent from another

marriage.
4. Final judgment sentencing the respondent to - The crime need not be against the
imprisonment of more than six years, even if other spouse. It can be against anyone.
pardoned - The fact that the crime had been
pardoned doesnt matter as long as there is a
final judgment.
5. Drug addiction or habitual alcoholism of the - The extent and nature of such is the same,
respondent as those in annulment cases but such grounds
may exist even after the marriage ceremony
unlike annulment.
6. Lesbianism or homosexuality of respondent - Considered as a form of cruelty or
mental anguish
- Must engage in homosexual acts
7. Respondent contracts a subsequent - Illegally contracting a marriage despite full *Whether the marriage was done in the
bigamous marriage knowledge that the first marriage still validly Philippines or abroad is immaterial.
exists or without obtaining a judicial declaration
of presumptive death.
8. Sexual infidelity or perversion - Other acts of sexual infidelity short of Exception: If the wife condones sexual
concubinage and adultery are enough as perversion with her husband then it cannot be
long as they constitute a clear betrayal of a ground for legal separation.
trust. - Sexual perversion can be done to
ones own wife.
D. Sobrepea 51
9. Attempt by the respondent against the life of - Must come from an evil design or Exception: when it is for self-defense (or
the petitioner unlawful cause some other justifiable reason)
- No nee for any criminal conviction, Exception: Spouse caught the other in
preponderance of evidence is enough. (If there flagrante delicto
is a criminal conviction, the other spouse can
be disinherited even if there is no legal
separation case filed)
10. Abandonment of petitioner by respondent Willfully left the dwelling without intention of *If there is an unjustifiable for leaving then it is
without justifiable cause for more than one returning. not considered abandonment.
year. *There must be a wrongful intent to desert,
For purposes of this Article, the term "child" continued for the statutory period.
shall include a child by nature or by adoption
Article 56: Denial of legal separation if they fall on the following grounds
1. Where the aggrieved party has condoned the offense or - May be expressed or implied forgiveness - Not Exception: if after the
act complained of looking for an erring wife after she commits an condonation the guilty spouse
offense does not mean forgiveness. repeats the offense then can
still file for legal separation.
2. Where the aggrieved party has consented to the Either spouse agreed or did not object to the
commission of the offense or act complained of offense BEFORE it was committed.
3. Where there is connivance between the parties in the - Where the spouses agree that one
commission of the offense or act constituting the ground for spouse will commit the offense to give grounds
legal separation for legal separation.
- Where one of the parties employed a 3rd
party to induce the other spouse to commit the
offense to give grounds. - Corrupt consenting
4. Where both parties have given ground for legal - When two persons acted in bad faith, they should
separation be considered as having acted in good faith.
5. Where there is collusion between the parties to obtain - In collusion the couple makes it appear that
decree of legal separation there is a ground for legal separation but actually
there is none.
- Corrupt agreement
- The act need not actually happen
D. Sobrepea 52
6. Where the action is barred by prescription - An action for legal separation must be filed Art. 57: An action for legal
within 5 years from the occurrence of the cause. separation shall be filed within
- From the time the act occurred not the five years from the time of the
discovery of the cause of action. occurrence of the cause
Art. 58: An action for legal separation shall in no case be - The defendant is required to answer the petition *Failure to observe the
tried before six months shall have elapsed since the filing of 15 days from the date of the receipt of the 6month cooling off period is a
the petition complaint. However whether or not the defendant ground to set aside a decision
files an answer or not there should be no hearing granting legal separation.
on the merits by the court until after a 6-month
cooling-off period is terminated. *Other incidents may be
heard during the 6-month
period such as support and
custody.
Art. 59: No legal separation may be decreed unless the - The court must try to salvage the marriage by * However even if there is no
Court has taken steps toward the reconciliation of the taking steps towards reconciliation. trial the couple may choose
spouses and is fully satisfied, despite such efforts, that not to live together. They
reconciliation is highly improbable. cannot be forced to live
together.
Art. 60: No decree of legal separation shall be based upon - If the defending party fails to answer he or * If the case is vehemently
a stipulation of facts or a confession of judgment. she cannot be defaulted and the court shall opposed and contested and it
In any case, the Court shall order the prosecuting attorney order the prosecuting attorney to is clear that the litigation is a
or fiscal assigned to it to take steps to prevent collusion investigate whether there is collusion or no-holds barred contest and
between the parties and to take care that the evidence is not between the parties. not collusion the
not fabricated or suppressed. - Even if the party answers the fiscal is still nonintervention of the
mandated to make sure there is no prosecuting attorney is not
collusion and that the evidence is genuine. fatal to the validity of the
proceedings.
D. Sobrepea 53
Art. 61: After the filing of the petition for legal separation, - In the absence of a written agreement * Death of the plaintiff before
the spouses shall be entitled to live separately from each between the spouses, the court shall the final decree in an action
other designate who shall administer the for legal separation
The court, in the absence of a written agreement between properties (it can be a third person). terminates the case.
the spouses, shall designate either of them or a third
person to administer the absolute community or conjugal
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a
guardian under the Rules of Court.
Art. 62: During the pendency of the action for legal Art. 49: During the pendency of the action and in
separation, the provisions of Article 49 shall likewise apply the absence of a written agreement, the court will
to the support of the spouses and the custody and support provide for the support and custody.
of the common children.
Art. 63: The decree of legal separation shall have the - Though the spouses are entitled to live * No children below 7 years
following effects: separately the marriage bond shall not be severed. old shall be separated from
1. The spouses shall be entitled to live separately from They are still married to each other. the mother unless the court
each other, but the marriage bonds shall not be severed; 2. - The property shall be liquidated, the finds compelling reasons to
The absolute community or the conjugal partnership shall offending spouse shall have no share or right to the order otherwise (Tender
be dissolved and liquidated but the offending spouse shall profits earned and shall be forfeited in favor of the Years Doctrine)
have no right to any share of the net profits earned by the common children if none the children of the guilty
absolute community or the conjugal partnership, which shall spouse if none then to the innocent spouse.
be forfeited in accordance with the provisions of Article - The innocent spouse shall generally have
43(2); custody of the children however the major
3. The custody of the minor children shall be awarded consideration is always the paramount interest of
to the innocent spouse, subject to the provisions of Article the children. - The offending spouse shall be
213 of this Code; and disqualified from inheriting form the innocent
4. The offending spouse shall be disqualified from spouse by intestate succession furthermore
inheriting from the innocent spouse by intestate succession. provisions in favor of the offending spouse made in
the will of the innocent
Moreover, provisions in favor of the offending spouse made spouse shall be revoked by operation of law.
in the will of the innocent spouse shall be revoked by
operation of law.
D. Sobrepea 54
Art. 64: After the finality of the decree of legal separation, - The law gives the option to innocent party
the innocent spouse may revoke the donations made by him whether to revoke or not the donation of the
or by her in favor of the offending spouse, as well as the guilty party in an insurance.
designation of the latter as beneficiary in any insurance - The revocation must be made within 5 years
policy, even if such designation be stipulated as irrevocable. from the time the decree of legal separation
The revocation of the donations shall be recorded in the has become final.
registries of property in the places where the properties are * The revocation of or change in the designation of
located. Alienations, liens and encumbrances registered in insurance beneficiary shall take effect after written
good faith before the recording of the complaint for notification to the insurer not the insured since it
revocation in the registries of property shall be respected. makes more sense however the law states
The revocation of or change in the designation of the notification should be given to the insured thus that
insurance beneficiary shall take effect upon written
should be followed.
notification thereof to the insured
The action to revoke the donation under this Article must be
brought within five years from the time the decree of legal
separation become final.
Art. 65: If the spouses should reconcile, a corresponding joint If the case is still pending then it shall be
- * The creditors should be
manifestation under oath duly signed by them shall be filed terminated, if the decree has been issued informed of the changes with
with the court in the same proceeding for legal separation. then it shall be set aside. regard to the property etc.
- Separation of properties will still subsist, but
the parties can enter into an agreement to
revive the prior property regime.
Art. 66: The reconciliation referred to in the preceding - Generally the law provides that one can only
Articles shall have the following consequences: fix the property regime before the marriage
1. The legal separation proceedings, if still pending, celebration but the rules now set forth that
shall thereby be terminated at whatever stage; and the adoption of another property regime can
2. The final decree of legal separation shall be set be made aside from that which they had
aside, but the separation of property and any forfeiture of the previously existing during their marriage.
share of the guilty spouse already effected shall subsist, EFFECT OF REVIVAL:
unless the spouses agree to revive their former property 1. If creditors are notified they should file
regime. opposition on properties if they have debts
The court's order containing the foregoing shall be recorded that should be paid by either spouse.
in the proper civil registries. 2. If creditors are notified but they dont file
Art. 67: The agreement to revive the former property
D. Sobrepea 55
regime referred to in the preceding Article shall be executed 3. they cannot get from the properties that
under oath and shall specify: will be placed in co-ownership in the
1. The properties to be contributed anew to the restored 4. revival. If creditors are not notified then
regime they can collect from properties co-owned.
2. Those to be retained as separated properties of each If creditors are not notified but there are
spouse; and separate properties they cant get from
3. The names of all their known creditors, their
coowned properties.
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.
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
D. Sobrepea 56
Art. 68: The husband and wife are obliged to Reason: So couples wont abandon each other * Remedy if other spouse is not living with you:
live together, observe mutual love, respect and based on their whims and caprices seek relief from court so that you do not have
fidelity, and render mutual help and support. - Procreation is also an essential marital to give him support.
obligation.
- A court cannot compel the spouses to A husband can be liable for raping his
live together, observe mutual love, wife however the subsequent
respect and fidelity. forgiveness by the wife to the offended
RAPE: party shall extinguish the criminal
1. Committed by a man against a woman action.
who shall have carnal knowledge of her BEFORE: Matrimonial exemption from rape
through force, intimidation or threat; when 1. Man and woman become 1 so man
she is deprived of reason or consciousness, cannot rape himself
machinations or grave abuse of authority. 2. 2. Marriage contract means wife
Even if none of the circumstances are consents to all and any sexual
present if woman is below 12 or demented. 3. intercourse with husband.
Any person who inserts any foreign object REBUT:
into genital or anal orifice (rape can be 1. Woman has certain rights and
committed against a man) liberties, which separate her from the
4. Any person who inserts penis into oral or anal man.
orifice. 2. Absolute consent is not sound since
marriage itself is revocable.
Art. 69: The husband and wife shall fix the - The domicile of natural persons is the
family domicile. In case of disagreement, the place of their habitual residence, where
court shall decide. parties intend to have their permanent
The court may exempt one spouse from living residence.
with the other if the latter should live abroad or - In case of disagreement between the
there are other valid and compelling reasons husband and the wife the court shall
for the exemption. However, such exemption decide.
shall not apply if the same is not compatible - The spouse not living in the domicile
with the solidarity of the family. must prove the intent of husband is for
solidarity of family.
D. Sobrepea 57
Art. 70: The spouses are jointly responsible for EXPENSES FOR SUPPORT AND OTHER
the support of the family. The expenses for CONJUGAL OBLIGATIONS:
such support and other conjugal obligations 1. From the community property
shall be paid from the community property and, 2. In absence thereof income of fruits of
in the absence thereof, from the income or the separate properties
fruits of their separate properties. In case of 3. If insufficient or absent from the
insufficiency or absence of said income or separate properties themselves.
fruits, such obligations shall be satisfied from
the separate properties.
Art. 71: The management of the household - Shall be the right and duty of both
shall be the right and the duty of both spouses. spouses regardless of what the
The expenses for such management shall be property regime is.
paid in accordance with the provisions of - In the event that one of the spouses
Article 70. neglects his or her duties or commits
acts that endanger or dishonor the
Art. 72: When one of the spouses neglects his family he aggrieved party may apply to
or her duties to the conjugal union or commits the court for relief.
acts which tend to bring danger, dishonor or FORMS OF RELIEF:
injury to the other or to the family, the 1. Legal separation
aggrieved party may apply to the court for 2. Psychological incapacity
relief. 3. Petition for receivership judicial,
separation of property to become sole
administrator of property.
D. Sobrepea 58
Art. 73: Either spouse may exercise any - Based on presumption, despite Exceptions: For the separate properties to be
legitimate profession, occupation, business or objection (before or after) it will still go to liable the other spouse must have no knowledge
activity without the consent of the other. The family. of the immoral activity and therefore could not
latter may object only on valid, serious, and - VAWC: If husband prevents you from give an objection even if benefit accrues to the
moral grounds. doing a right then punishable by law. family.
In case of disagreement, the court shall decide - The objection must be all valid, serious,
whether or not: and on moral grounds at the same time. Exception liability against separate property: If
1. The objection is proper; and - If it is an isolated activitycontract the creditor did not know of the immoral activity
2. Benefit has occurred to the family prior without consent of other spouse, the or thought it was to be used for a legitimate
to the objection or thereafter. If the benefit conjugal spouse cant be liable business, creditor can collect from conjugal
accrued prior to the objection, the resulting GENERAL RULE: properties.
obligation shall be enforced against the separate 1. Obligations incurred before or after the
property of the spouse who has not obtained marriage but redounding to the benefit
consent. of the family shall be charged to the
The foregoing provisions shall not prejudice the
conjugal properties
rights of creditors who acted in good faith.
2. Spouses job redounds to the benefit of
the family thus obligations can be
satisfied from the conjugal property.
3. If the benefit accrued prior to the
objection, the resulting obligation shall
be enforced against the separate
property of the spouse who has not
obtained consent.
PROPERTY RELATIONS
Art. 74: The property relationship between Marriage Settlements: must be in writing EFFECT OF NO MARRIAGE SETTLEMENT:
husband and wife shall be governed in the signed by the parties, and made prior to the 1. If the mortgage was registered then
following order: celebration of the marriage if it is not in writing the new spouses property will also be
1. By marriage settlements it shall be unenforceable. liable.
executed before the marriage; - If there is no marriage settlement 2. If the mortgage was not registered the
2. By the provisions of this Code; agreed upon or if the same is void, new spouse will not be liable but the
and 3. By the local custom. then the absolute community if mortgage will be impaired and the
D. Sobrepea 59
property will prevail. debtor spouse will loose the right to

EFFECT OF MARRIAGE SETTLEMENT: make use of the period.
1. Property in marriage settlement is Must give new securities so as
registered did not redound to family, not to loose the period.
creditor cant get from co-owned
2. If marriage settlement is not registered, * If the marriage settlement does not
can get from co-owned particularize any valid property regime such
3. If redounded to benefit of family can provision is void and thus the absolute
get from co-owned even if not community of property shall prevail.
registered.
*Marriage settlement must be fair, they must
exercise good faith in contracting the marriage
settlement. However if the agreement is not
fair as long as the disadvantaged spouse
shows that he/she understood it then the
marriage settlement shall be maintained.
LOCAL CUSTOMS: rule of conduct formed by
repetition of acts uniformly observed as a
social rule, legally binding and obligatory.
Art. 75: The future spouses may, in the - If a marriage settlement is absent or property
marriage settlements, agree upon the regime regime agreed upon is void, Absolute
of absolute community, conjugal partnership of community of property will govern.
gains, complete separation of property, or any
other regime. In the absence of a marriage
settlement, or when the regime agreed upon is
void, the system of absolute community of
property as established in this Code shall
govern.
D. Sobrepea 60
Article 76: Modifications in marriage Art. 77: The marriage settlements and any Exception under Article 66 and 67: Revival
settlement must be made before the modification thereof shall be in writing, signed or adoption of new property regime when
celebration of the marriage. by the parties and executed before the those legally separated have reconciled.
celebration of the marriage. They shall not Exception under Article 128: in case of
prejudice third persons unless they are abandonment of a spouse other spouse can
registered in the local civil registry where the petition for receivership or administration of
properties or judicial decree of separation of
marriage contract is recorded as well as in
properties
the proper registries of properties. (Oral
Exception under Article 135: Further
marriage settlement is VOID)
grounds for judicial separation of property

Exception under Article 136: voluntary and
verified petition in court of both spouses to
modify regime into separate community of
property regime.
Art. 78: A minor who according to law may - Now a minor or a person below 18 years old
contract marriage may also execute his or her cannot contract to a marriage. An 18-year-old
marriage settlements, but they shall be valid person deciding to get married can execute a
only if the persons designated in Article 14 to marriage settlement without obtaining consent.
give consent to the marriage are made parties
to the agreement, subject to the provisions of
Title IX of this Code.
Art. 79: For the validity of any marriage - It is mandatory that a person with civil
settlement executed by a person upon whom a interdiction must have a guardian appointed by
sentence of civil interdiction has been the court to be involved in making the marriage
pronounced or who is subject to any other settlement
disability, it shall be indispensable for the CIVIL INTERDICTION: deprives the offender
guardian appointed by a competent court to be during the sentence, rights in marriage,
made a party thereto. parental rights, and administration of property.
D. Sobrepea 61
Art. 80: In the absence of a contrary Extrinsic validity: The form of the contract has
stipulation in a marriage settlement, the to follow whatever is the law in the country for
property relations of the spouses shall be changes to be made (change title etc.)
governed by Philippine laws, regardless of the
place of the celebration of the marriage and
their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of
contracts affecting property not situated in the
Philippines and executed in the country where
the property is located; and
3.With respect to the extrinsic validity of
contracts entered into in the Philippines but
affecting property situated in a foreign country
whose laws require different formalities for its
extrinsic validity.
Art. 81: Everything stipulated in the - The reason for the marriage settlement is the * Donations in marriage settlements are
settlements or contracts referred to in the marriage itself thus if it does not take place revoked by operation of law.
preceding articles in consideration of a future the marriage settlement shall not be valid. -
marriage, including donations between the The provisions in a marriage settlement are
prospective spouses made therein, shall be separable thus if there are provisions which
rendered void if the marriage does not take are invalid then only the invalid provisions will
place. However, stipulations that do not be ineffectual while the rest will be enforced.
depend upon the celebration of the marriages
shall be valid.
VOID MARRIAGE SETTLEMENTS
ARTICLE 76 Those not written, signed and made before the
celebration
Article 76 Those that stipulate that neither local custom
nor absolute community of property will govern
without stipulating any other kind of property
regime.
D. Sobrepea 62
Article 80 Those made by a person upon who a sentence Exception: unless a guardian appointed made
of civil interdiction is given by a competent court is made party thereto
Article 81 Those stipulated in marriage settlement or Exception: stipulations that dont depend on
contracts made in consideration of marriage the celebration of the marriage shall remain
(donations) will be void if marriage does not valid.
take place
Effects on creditors
Marriage settlements - Only needs to be registered in order to bind third Exception to third party rule: If indebtedness
parties. If registered third parties cannot go after conjugal benefited to the family then can go after community
property of property.
No marriage settlements: If there is no marriage settlement: Exception to impairment of property: if debtor
Absolute community of 1. If property is registered then spouse is bound by immediately gives new property equally satisfactory
property. mortgage or get consent of X to the security or collateral
2. If property is not registered then property is already established, then he does not loose period
impaired and the debtor looses period of loan. of loan.
DONATIONS
Art. 82: Donations by reason of marriage are DONATIONS PROPTER NUPTIAS: Procedure--Movable:
those, which are made before its celebration, in 1. Donations are to be made prior to the 1. Accepted personally or
consideration of the same, and in favor of one or celebration of marriage representative
both of the future spouses. 2. Must be made in favor of 1 or both of the 2. Made in lifetime of donor
spouses. and donee
Art. 83: These donations are governed by the Can be made by a third party in the settlement. 3. Can be orally given as long
Donation between spouses: as
D. Sobrepea 63
rules on ordinary donations established in Title 1. A valid marriage settlement must stipulate with simultaneous delivery or
III of Book III of the Civil Code, insofar as they another regime than Absolute Community of document representing right of
are not modified by the following articles. Property (ACP) donated (if above 5000 then must
2. Donation cannot be more than 1/5 of the be in writing)
Art. 84: If the future spouses agree upon a present property of the donee spouse.
regime other than the absolute community of 3. Must be accepted and comply with other. Procedure--Immovable:
property, they cannot donate to each other in Exception: 1/5 rule will not apply if donation is in 1.must be in public document 2.
their marriage settlements more than one-fifth of a separate deed, provided he has enough to Acceptance made in that
their present property. Any excess shall be support himself and those relying on him. document or separate
considered void. 3. Must be made in lifetime of
Donations of future property shall be governed donor.
by the provisions on testamentary succession
and the formalities of wills. DONATIONS EXCLUDED:
1. Made in favor of the
spouses after the
celebration of the marriage
2. Executed in favor of the
future spouses but not in
consideration of marriage
3. Granted to persons other
than the spouses even
though they may be
founded on the marriage.
D. Sobrepea 64
Article 85: Donations by reason of marriage of ENCUMBRANCE: Anything that impairs the use or
property subject to encumbrances shall be valid. transfer of property (burdened)
In case of foreclosure of the encumbrance and - If the object of the donation is encumbered it is still
the property is sold for less than the total valid but the donees rights is still subject to the
amount of the obligation secured, the donee encumbrance.
shall not be liable for the deficiency. If the IN CASE OF ENCUMBRANCE OF PROPERTY:
property is sold for more than the total amount 1. Donee wont be liable for insufficiency of
of said obligation, the donee shall be entitled to property to creditor. The donor will still be liable for that.
2. Donee can keep excess if property more than
the excess.
satisfies the debt.
3. Donee cannot ask for reimbursement from
donor if mortgage is foreclosed.
- But wont be liable for deficiency, and gets the excess if
sold for more than amount.
Art. 86: A donation by reason of marriage may be 1. Marriage is not celebrated or is void ab initio Exception: If the donation is in the
revoked by the donor in the following cases: 1. If (including art. 52-53) Prescription: marriage settlement it will be revoked
the marriage is not celebrated or judicially - Marriage is void: 5 years from Judicial by operation of law. Exception: If the
declared void ab initio except donations made in Declaration of Nullity (if doesnt want to give it marriage is void due to Article 40, or
the marriage settlements, which shall be governed back, prescribe after 8 years for movable, 30 Article 44, then automatically revoked
by Article 81; years for immovable)
2. When the marriage takes place without - Marriage not celebrated: 5 years from when it was
the consent of the parents or guardian, as not celebrated
required by law;
3. When the marriage is annulled, and the 2. Marriage takes place without consent of parents
donee acted in bad faith; Prescription:
4. Upon legal separation, the donee being - 5 years from the time he had knowledge that consent
the guilty spouse; was not obtained, after the marriage.
5. If it is with a resolutory condition and the 3. Upon legal separation when donee is the guilty Exception: if the ground for legal
condition is complied with; spouse Prescription: separation is infidelity in the form of
6. When the donee has committed an act of - 5 years from finality of decree. adultery or concubinage it will be
ingratitude as specified by the provisions of the
automatically void.
Civil Code on donations in general.
4. When there is a resolutory cause and the condition Exception: between husband and
has been complied with Prescription: wife prescription does not run.
5 years from the happening of the resolutory condition.
D. Sobrepea 65
6. Acts of ingratitude:
- Donee commits an offense against the person or
property of the donor, his wife, or children
- Donee imputes to the donor any criminal offense
involving moral turpitude unless it against the donee -
Donee unduly refuses to support donor when he is legally
or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of
the fact of ingratitude
Art. 87: Every donation or grant of gratuitous - What constitutes a moderate gift depends on the Void Donations: (considered indirect
advantage, direct or indirect, between the spouses financial capacity of the donor. donations to the spouse)
during the marriage shall be void, except - Under the last sentence of Art. 87it must be 1. To a stepchild who has no
moderate gifts which the spouses may give each shown that the donation was made at a time compulsory or legal heirs
other on the occasion of any family rejoicing. The when they were still living together as husband 2. To a common child who has o
prohibition shall also apply to and wife without the benefit of marriage. compulsory or legal heirs
persons living together as husband and wife - Validity of donation or transfer cannot be 3. To the parents of the other
without a valid marriage. challenged by anyone unless those that will be spouse
affected by the donation. 4. To the other souses
RESERVA TRONCAL: the ascendant who inherits from adopted child
his descendant any property which the later may have 5. To common adopted child
acquired by gratuitous title from another ascendant or who has no other
sibling is obliged to reserve such property for the benefit compulsory and or legal
of relatives within the 3rd degree and who belong to the heirs.
same line.
Ex. H is married to W and has a son S. H has a brother
B. H dies and donates to S his property. After which, S
dies without any heirs and thus the property goes to W. If
W dies the property does not go to her heir but to B so
that the property stays in the same line of the original
owner (once owed by H) and is within the third degree of
S.
Property Regime What included What excluded Notes Charges Liquidation process
D. Sobrepea 66
Absolute All properties Article 92: Art. 89: No waiver of rights, Article 94: Termination: Art.
community of owned before and 1.provided in marriage shares and effects of the 1. Support (spouses, 97: Either spouse
property Art. 88: after. settlement absolute community of common & legitimate may dispose
The absolute 2. Personal and property during the children) by will of his or her
community of Art. 91: Unless exclusive use of either marriage can be made - Even beyond age of interest in the
property between otherwise provided spouse (except jewelry) - except in case of judicial majority community property.
spouses shall in this Chapter or in However if exclusive separation of property. 2. Debts & obligations
commence at the the marriage property is used to made by both, Art. 98: Neither
precise moment settlements, the purchase something else When the waiver takes administrator, or with spouse may donate
that the marriage community property such property becomes place upon a judicial consent of other spouse any community
is celebrated. Any shall consist of all part of ACP separation of property, or (even if did not redound) property without the
stipulation, the property owned 1.Property acquired by after the marriage has been 3. D & O without consent consent of the other.
express by the spouses at gratuitous title including dissolved or annulled, the but redounded. However, either
or implied, for the the time of the the fruits and income 4. Expenses for community
same shall appear in a spouse may, without
commencement of celebration of the UNLESS the guarantor property
public instrument and shall the consent of the
the community marriage or expressly said they will (taxes, liens, charges)
be recorded as provided in other, make
regime at any other acquired thereafter. form part of ACP 5. Taxes & expenses for
- Must be a valid donation Article 77. The creditors of moderate donations
time shall be void preservation during
the spouse who made such from the community
D. Sobrepea 67
(cant be donation made waiver may petition the marriage of separate property for charity or
(Default regime if Art. 93: Property by one spouse to court to rescind the waiver property used by family on occasions of family
nothing stipulate acquired during the another) to the extent of the amount 6. Expenses for rejoicing or family
exception: marriage is 2.Property acquired by sufficient to cover the selfimprovement or distress Article 99:
subsequent presumed to either spouse who has amount of their credits. * profession. 1. Death
marriage after belong to the legitimate descendants No waiver of rights, 7. Antenuptial debts - Same proceeding
death will community, unless and the fruits of that interests, shares, and redounding to family as settlement of
automatically be it is proved that it is property effects without judicial 8. Donation made by estate. Spouse shall
CSP if there was one of those *Winnings from gambling separation or dissolution both spouses for children liquidate property if
no proper excluded (losses borne by looser) or annulment of marriage to no judicial settlement
liquidation of the therefrom. shall appear in a public pursue vocation or proceeding within 1
properties of the instrument (creditors may selfimprovement year. After 1 year
previous marriage) rescind waiver up to extent 9. For illegitimate cannot may
of the debt) children, fines for encumbrance on
Art. 90: The crimes/quasi delict in case property.
provisions on Art. 96: The administration of 2. Legal separation
coownership shall and enjoyment of the insufficiency. (Advances) 4. Annulled or
apply to the community property shall 10. Expenses for litigation * void
belong to both spouses Solidary liability does not (governed by art. 147
absolute
jointly. In case of include ante-nuptial debts & 148 except if void
community of
disagreement, the not redounding, support of under Article 40)
property between husband's decision shall illegitimate, liabilities thru
the spouses in all 5. Judicial
prevail, subject to recourse crime/delict. separation of property
matters not to the court by the wife for 6. Reappearance
provided for in this proper remedy, which must Art. 95: Whatever may be of a spouse presumed
Chapter. be availed of within five lost during the marriage in dead.
years from the date of the any game of chance, Procedure:
contract implementing such betting, sweepstakes, or Article 102: 1.
decision. any other kind of Inventory
In the event that one gambling, whether (separate and
spouse is incapacitated or permitted or prohibited by community)
otherwise unable to law, shall be borne by the 2. D&O of ACP shall
participate in the loser and shall not be be paid out, in case of
administration of the charged to the community insufficiency solidarily
common properties, the but any winnings
liable with separate
therefrom shall form part
property.
of the community property.
D. Sobrepea 68
other spouse may assume

sole powers of
D. Sobrepea 69
administration. These 3. Exclusive

powers do not include prop delivered.
disposition or encumbrance 4. Net
without authority of the remainder of ACP
court or the written consent divided equally unless
of the other spouse. In the different proportion in
absence of such authority settlement or waiver.
or consent, the disposition 5. Delivery of
or encumbrance shall be presumptive
void. However, the legitimates
transaction shall be 6. Conjugal
construed as a continuing dwelling with spouse
offer on the part of the with
consenting spouse and the most children
third person, and may be
perfected as a binding
contract upon the
acceptance by the other
spouse or authorization by
the court before the offer is
withdrawn by either or both
offerors.
* Spouses administer and
enjoy property jointly.
Husband decision prevails
subject to recourse of wife
within 5 years from date of
contract implementing
decision. BUT if wife ratifies
contract express or implied
cant annul anymore.
- If disposition is made
without knowledge or
consent of other person no
prescription.
D. Sobrepea 70
ACP SEPARATION IN FACT: - Abandonment is different from separation in fact.

Art. 100: The separation in fact between Abandonment has to do with total abdication of all marital
husband and wife shall not affect the regime of and parental authority.
absolute community except that: - If the spouse left with a valid cause he or she can
still be supported from the ACP.
1.The spouse who leaves the conjugal home or - The ACP can still be liable for obligations
refuses to live therein, without just cause, shall incurred by the separating spouse that may redound to
not have the right to be supported; the benefit of the family.
2.When the consent of one spouse to any - Even the guilty spouse can compel the sale of
transaction of the other is required by law, property, which will redound to the benefit of the family.
judicial authorization shall be obtained in a - Only the present spouse is given standing by the
summary proceeding; law to file a petition to encumber or administer the
3. In the absence of sufficient community property of the other spouse.
property, the separate property of both spouses
shall be solidarily liable for the support of the
family. The spouse present shall, upon proper
petition in a summary proceeding, be given
judicial authority to administer or encumber any
specific separate property of the other spouse
and use the fruits or proceeds thereof to satisfy
the latter's share.
D. Sobrepea 71
ACP Art. 101: If a spouse without just cause ABANDONMENT: Implies a departure by one spouse
abandons the other or fails to comply with his or with the avowed intent never to return, followed by
her obligations to the family, the aggrieved prolonged absence without just cause.
spouse may petition the court for receivership, - Should not only be physical but also financial and moral
for judicial separation of property or for authority desertion.
to be the sole administrator of the absolute
community, subject to such precautionary
conditions as the court may impose.
The obligations to the family mentioned in the

preceding paragraph refer to marital, parental or
property relations.
A spouse is deemed to have abandoned the

other when her or she has left the conjugal
dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a
period of three months or has failed within the
same period to give any information as to his or

her whereabouts shall be prima facie presumed
to have no intention of returning to the conjugal
dwelling.
D. Sobrepea 72
Conjugal Article 106: Article 109: Art. 107: The rules Article 121: Termination:
Partnership of - Proceeds, 1. Brought provided in Articles 88 and 1.support of spouse Article 126:
Gains: products, fruits and into the 89 shall also apply to common and legitimate 1.Death
Art. 105: In case income from their marriage as his or her conjugal partnership of children 2.Legal Separation
the future spouses separate properties own gains. 2.D&O by admin, both or 3. Annulled or
agree in the - Those 2. Acquired either spouse with consent declared void.
marriage acquired by their by gratuitous Art. 108: The conjugal of other. 4.Judicial Separation
settlements that the efforts or chance - title - By way of partnership shall be 3.D&O without consent of
regime of conjugal Income and fruits by succession governed by the rules on other but redounding. Article 127 and 128: -
partnership gains gratuitous title (diff - Honorarium the contract of partnership 4.expenses for conjugal prop Provisions on
shall govern their from ACP) (given in appreciation in all that is not in conflict (taxes, liens) separation in fact and
property relations - Annuity: for services rendered) with what is expressly 5.taxes and expenses for abandonment has the
during marriage, retirement on an 3. Acquired by right of determined in this Chapter preservation of separate same application as
the provisions in annuity redemption, barter, or by the spouses in their property (no need for use) in ACP article 100
this Chapter shall (received as a matter exchange marriage settlements. 6.expenses for spouse for and 101.
be of of right) - Even if money profession or Procedure:
supplementary -Pension: serious used to redeem is Prohibition on waiver. selfimprovement. Article 129:
application. previously rendered conjugal *Properties brought into 7.Antenuptial debts 1.Inventory of
for which full and (reimbursement) 4. the marriage by the redounding to family. separate and
The provisions of adequate Bought with exclusive contracting parties belong 8.donation of both for conjugal prop
this Chapter shall compensation was money of either to each of them children for profession or 2.Payment of
also apply to not received at the spouse. *Onerous exclusively. self-improvement. advances
conjugal time. donations - Either spouse can 9.expenses of 3.Reimbursement
partnerships of Article 117: *Designated share in transfer admin of prop to litigation between to the spouses.
gains already 1. Acquired by donation other spouse thru public spouses Not to be 4.D&O paid out by
established onerous title using *Gratuity (amount instrument. paid by cpg: CPG, insufficiency
between spouses common funds. given by gobs for Art. 118: Property bought Article 122: solidarily liable.
before the 2. Obtained by previous work) on installments paid partly -Payment of personal debts 5.exclusive prop
effectivity of this labor or industry or from exclusive funds of contracted by the husband delivered
Code, without work 3. Fruits, Art. 110: The spouses either or both spouses and or wife before or during the 6.loss or deterioration
prejudice to vested natural, industrial, or retain the ownership, partly from conjugal funds marriage unless they of movables paid
rights already civil due received possession, belongs to the buyer or redounded to the benefit of from CPG
acquired in during marriage administration and the family. 7.Net remainder to be
buyers if full ownership
from enjoyment of their However, fines and
common prop exclusive properties.
- Net fruits of
D. Sobrepea 73
D. Sobrepea 74
accordance with exclusive property was vested before the indemnities imposed support divided (unless MS or
the Civil Code or BUT personal Either spouse may, marriage and to the of illegitimate children can waiver) 8.Delivery of
other laws, as damages are not during the marriage, conjugal partnership if be paid by the assets presumptive legitimes
provided in Article conjugal. transfer the such ownership was AFTER the payment of 9.Conjugal dwelling
256. 4. Share in administration of his or vested during the obligations provided in Art.
hidden treasure her exclusive property marriage. In either case, 121. But at the time of Article 130: in case of
Presumption is that 5. Fishing and to the other by means any amount advanced by liquidation the spouse who death the liquidation
all property hunting of a public instrument, the partnership or by either used such funds will be proceeding will be in
acquired during 6. Excess which shall be or both spouses shall be charged. the same proceeding
marriage even if in livestock (those recorded in the reimbursed by the owner If charges are paid, and no as the settlement of
the name of one brought in to the registry of property of or owners upon liquidation property or insufficient the estate of the
marriage by one will the place the property of the partnership. CPG pays: deceased. (Same
spouse is conjugal
reimbursed 7. is located. -Fines, debts before the application as in ACP
unless otherwise
Acquired by chance Property bought before marriage article 103)
provided. -Support of illegitimate
but title registered after
marriage: still considered *Subject to reimbursement Art. 133: From the
exclusive property even if (ACP no need to pay out all common mass of
spouse is made co-owner charges first) property support shall
in title (considered a trust) be given to the
Separate property plus Article 120 surviving spouse and
conjugal funds to buy a 1.If improvement made by to the children during
new property: new cp is more than value of the the liquidation of the
property will be considered property, entire property will inventoried property
conjugal. be conjugal reimburse
Property bought on and until what
spouse.
installment partly from belongs to them is
2. If amount is not more than
exclusive and partly delivered; but from
it will still be separate
from conjugal: when title this shall be deducted
property subject to
was vested will govern, reimbursement to CPG. that amount received
then reimburse (Art. 119) (Ownership will vest upon for support which
Principal payments and reimbursement) exceeds the fruits or
interest paid to a spouse rents pertaining to
during marriage: principal Art. 123: Whatever may be them.
amt is exclusive while lost during the marriage in
interest is conjugal. any game of chance or in
D. Sobrepea 75
betting, sweepstakes, or any

other kind of gambling
D. Sobrepea 76
whether permitted or
prohibited by law, shall be
borne by the loser and shall
not be charged to the
conjugal partnership but any
winnings therefrom shall
form part of the conjugal
partnership property.
CPG Art. 110: The spouses retain the ownership, - Each spouse is to retain ownership,
possession, administration and enjoyment of administration, possession and enjoyment of their
their exclusive properties. exclusive properties.
- Administration includes entering into contracts,
Either spouse may, during the marriage, engaging in litigation, and collection of fruits,
transfer the administration of his or her profits and income arising from separate
exclusive property to the other by means of a property.
public instrument, which shall be recorded in the - The owner spouse can transfer administration of
registry of property of the place the property is the property not only to the other spouse but also
located. to any third person without the consent of the
other spouse.
CPG Art. 111: A spouse of age may mortgage, - Art. 111 is no longer necessary, as the age of
encumber, alienate or otherwise dispose of his marriage is also the age of emancipation.
or her exclusive property, without the consent of - If the owner-spouse alienates his property the
the other spouse, and appear alone in court to administration by the other spouse over such
litigate with regard to the same. property will cease and the proceeds will go to the
owner.
Art. 112: The alienation of any exclusive - The owner-spouse cannot revoke a judicially
property of a spouse administered by the other approved administration by the other spouse of
automatically terminates the administration over his property by alienating it. Thus to alienate the
such property and the proceeds of the alienation property he must get the consent of the
shall be turned over to the owner-spouse. administrator-spouse or court approval.
D. Sobrepea 77
CPG Art. 113: Property donated or left by will to the -The donor may donate whatever he wishes to
spouses, jointly and with designation of whomever he wants. Thus he may donate a
determinate shares, shall pertain to the piece of property to both spouses jointly or may
doneespouses as his or her own exclusive specify how much of the property should go to
property, and in the absence of designation, the husband and how much should go to the
share and share alike, without prejudice to the wife.
right of accretion when proper. ACCRETION: addition of property to another property
General rule: in a joint donation one cannot accept

Art. 114: If the donations are onerous, the independently of his co-donee unless it is stipulated or
amount of the charges shall be borne by the unless it is between husband and wife.
exclusive property of the donee spouse, Ex. D donates land to H and W who are married. D
whenever they have been advanced by the donates 1/3 to W and 2/3 to H. If W does not accept the
conjugal partnership of gains. donation it will be considered added on to the share of
the husband. However if it is a specific designation such
Art. 115: Retirement benefits, pensions, as H will get a car and W will get a horse, accretion will
annuities, gratuities, usufructs and similar not apply.
benefits shall be governed by the rules on - In the case of wills for accretion to take effect, the
gratuitous or onerous acquisitions as may be nature of the inheritance must be pro indivisio (not
proper in each case. divided, the terms or in equal shares is does not make
it divided).
D. Sobrepea 78
CPG Art. 124: The administration and enjoyment of - Any alienation made by either spouse without the
the conjugal partnership shall belong to both consent of the other is invalid.
spouses jointly. In case of disagreement, the - In case the husband disposes of property over
husband's decision shall prevail, subject to the objection of the wife, the wife may file a case
recourse to the court by the wife for proper to annul the entire contract or part of it.
remedy, which must be availed of within five
years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the conjugal properties, the
other spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority of
the court or the written consent of the other
spouse. In the absence of such authority or
consent, the disposition or encumbrance shall
be void. However, the transaction shall be
construed as a continuing offer on the part of
the consenting spouse and the third person, and
may be perfected as a binding contract upon the
acceptance by the other spouse or authorization
by the court before the offer is withdrawn by
either or both offerors. (165a)
Art. 125: Neither spouse may donate any

conjugal partnership property without the
consent of the other. However, either spouse
may, without the consent of the other, make
moderate donations from the conjugal
partnership property for charity or on occasions
of family rejoicing or family distress.
D. Sobrepea 79
Separation of - They own everything separately but still liable Article 136: Voluntary Separation Revival:
property for family expenses in proportion to their income -Spouses may agree on the separation of their properties Article 141:
Art. 134: In the or in default thereof in proportion to separate with court approval, no reason needed. (But if reason is 1.termination of civil
absence of an prop. But liability to their creditor is still solidary. stated and it is against public policy the court will reject it) interdiction
express declaration Article 135: Sufficient cause for judicial -Division of property must be equal unless there is a 2.Absentee
in the marriage separation of property: different proportion agreed in MS or waiver. reappears
settlements, the 1. Civil interdiction -Takes effect after judicial order of decree (not signing of 3.court satisfied that
separation of 2. Absentee spouse agreement) administration will not
property between -2 years from last news about absentee, or 5 -Creditors will be listed in petition and notified) -In be again abused
spouses during the years if an administrator has been left. process delivery of presumptive legitimes is not 4.Resumption of
marriage shall not 3. Loss of parental authority decreed by necessary. common life with
take place except court (termination or deprivation not other spouse
by judicial order. mere suspension) *Art. 142: Admin of exclusive prop of either spouse 5.parental authority
Such judicial -Over legitimate or illegitimate child whether of may be transferred by court to other spouse or if not restored
separation of previous or present marriage qualified to another person when: 1.spouse becomes 6.reconciliation of
property may either 4. Abandonment or failure to comply with the guardian those separated in
be voluntary or for his or her obligations 2.the other is judicially declared an absentee fact
sufficient cause. 5. Abused power of administration 3.civil interdiction 7.For those who
6. Separation in fact for at least 1 yr 4.fugitive from justice, hiding as an accused voluntarily separated
(Can be stipulated Art 143: If the couple wants a regime of separation of property, agree to
in MS which shall Art. 137: Once the separation of property has property they have to enter into a valid marriage revive former property
govern and FC will been decreed, the absolute community or the settlement prior to the marriage stipulating such regime. regime (but after that
only be conjugal partnership of gains shall be liquidated cant separate
supplementary in in conformity with this Code. Art. 145: Administration is left with each spouse with property anymore)
nature, in the During the pendency of the proceedings for regard to his/her own property without the need for the - Art. 67 revival:
absence therein it separation of property, the absolute consent of the other. Earnings of each shall also belong Agreement under
cannot take place community or the conjugal partnership shall to each spouse. oath will state:
during the marriage pay for the support of the spouses and their 1.properties to be
except by judicial children. Art. 138: After dissolution of the Art. 146: Both spouses shall bear the family expenses in
absolute
D. Sobrepea 80
order) -May refer community or of the conjugal partnership, the proportion to their income or their separate property. contributed
to present or provisions on complete separation of property Liability of spouses to creditors to family expenses are 2.those to be retained
future property or shall apply. solidary (they are both liable to the creditor for the whole as separate
both -May be Art. 144: Separation of property may refer to amount if the creditor seeks it from one of them. Such 3.names of known
partial or total present or future property or both. It may be spouse is entitled to reimbursement from the other creditors
-Those not agreed total or partial. In the latter case, the property spouse).
as separate will be not agreed upon as separate shall pertain to the * Even if there is an agreement on proportion of sharing
ACP absolute community. etc, it wont affect the creditors.
Marriage without Art. 147: When a man and a woman who are Requisites:
unions (governs capacitated to marry each other, live exclusively 1.Capacitated to marry each other
void marriages) with each other as husband and wife without the -Not capacitated: incestuous, against public policy, under
benefit of marriage or under a void marriage, 18, bigamous marriage
their wages and salaries shall be owned by 2.live exclusively with each other as husband and wife
them in equal shares and the property acquired 3.Without benefit of marriage or under a void marriage.
by both of them through their work or industry *Includes marriages of psychological incapacity,
shall be governed by the rules on co-ownership. reappearance of wife, non-liquidation of property,
In the absence of proof to the contrary, absence of formal requisites.
properties acquired while they lived together Structure:
shall be presumed to have been obtained by 1. Salaries and wages shall be owned by equal
their joint efforts, work or industry, and shall be shares
owned by them in equal shares. For purposes of 2. Property acquired with exclusive funds is owned
this Article, a party who did not participate in the by them exclusively
acquisition by the other party of any property 3. Property acquired through work or industry
shall be deemed to have contributed jointly in governed by co-ownership
the acquisition thereof if the former's efforts 4. Property acquired while they live together will be
consisted in the care and maintenance of the owned by them in equal shares. (Contribution can
family and of the household. be in the form of care and maintenance of family,
Neither party can encumber or dispose by acts household)
inter vivos of his or her share in the property 5. Fruits of separate property not part of
acquired during cohabitation and owned in coownership
common, without the consent of the other, until 6. Conjugal home will be owned equally. -Cant
after the termination of their cohabitation. When encumber or dispose of his/her share without
only one of the parties to a void marriage is in consent of the other or after cohabitation.
D. Sobrepea 81
good faith, the share of the party in bad faith in -Can alienate in favor of the other his or her share BUT
the co-ownership shall be forfeited in cant waive any interest in co-ownership
D. Sobrepea 82
favor of their common children. In case of -Void marriage: net share of bad faith is forfeited to:
default of or waiver by any or all of the common 1. Common children
children or their descendants, each vacant 2. Waiver of common children, descendants
share shall belong to the respective surviving 3. Absence of descendants, innocent party Void
descendants. In the absence of descendants, marriages included:
such share shall belong to the innocent party. In Art. 36: psychological incapacity
all cases, the forfeiture shall take place upon Art. 44: bad faith of both spouses in a subsequent
termination of the cohabitation. marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of
solemnizer, license, marriage ceremony.
D. Sobrepea 83
Marriage without Art. 148: In cases of cohabitation not falling Requisites:

unions (governs under the preceding Article, only the properties - Cohabitation not falling under article 147.
void marriages) acquired by both of the parties through their Structure:
actual joint contribution of money, property, or - Parties are co-owners of property acquired
industry shall be owned by them in common in during cohabitation only upon proof that each of
proportion to their respective contributions. In them made an actual contribution.
the absence of proof to the contrary, their 1. Salaries and wages are separately owned; if
contributions and corresponding shares are either is married the salaries go to that marriage.
presumed to be equal. The same rule and 2. Property acquired by the money of one, belongs
presumption shall apply to joint deposits of to that person exclusively
money and evidences of credit. 3. Only properties acquired by both of them through
If one of the parties is validly married to another, joint contribution will be owned by the in common
his or her share in the co-ownership shall in proportion to what they gave (money, property,
accrue to the absolute community or conjugal or industry but cant be mere care and
partnership existing in such valid marriage. If maintenance of family/household). (Presumption
the party who acted in bad faith is not validly is that shares over property owned is equal
married to another, his or her shall be forfeited shares but can be rebutted through proof
in the manner provided in the last paragraph of showing otherwise.
the preceding Article. 4. If one of the parties is validly married, that
The foregoing rules on forfeiture shall likewise persons share in the co-ownership will accrue to
apply even if both parties are in bad faith the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be considered as in
good faith and their shares shall go to them.
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency -
Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract
implementing the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.
THE FAMILY AS AN INSTITUTION
D. Sobrepea 84
Art. 149: The family, being the foundation of the nation, - Paramount importance is given to the family as
is a basic social institution which public policy cherishes provided in the 1987 constitution.
and protects. Consequently, family relations are - Family relations are governed t law and no custom
governed by law and no custom, practice or agreement or practice destructive of the family will be
destructive of the family shall be recognized or given recognized.
effect.
Art. 150: Family relations include those: - Any person not included in the enumeration cannot Exception to earnest
1. Between husband and wife; be considered as within the term family efforts:
2. Between parents and children; relations. - Earnest effort is
3. Among brothers and sisters, whether of the full not required if included
- Before a suit can be filed by people belonging to
or half-blood. in the suit between
the same family as provided in Art. 150, earnest
Art. 151: No suit between members of the same family family members is a
efforts must be made to settle the case amicably.
shall prosper unless it should appear from the verified stranger not of the same
*Earnest effort s meant for civil actions only. family. - Does not apply
complaint or petition that earnest efforts toward a
compromise have been made, but that the same have to cases, which may not
The following are excused from criminal liability (only civil be compromised.
failed. If it is shown that no such efforts were in fact
liability incurred) for theft, swindling or malicious mischief: - Does not apply
made, the same case must be dismissed.
1. Spouses, ascendants, and descendents or to settlement of estate
This rules shall not apply to cases which may not be the
relatives by affinity in the same line. guardianship, custody of
subject of compromise under the Civil Code
2. The widowed spouse with respect to the property
children, and habeas
of the deceased BEFORE someone else possess
corpus
it.
3. Brothers and sisters and brothers-in-law and
sisters-in-law if they are living together.
Exemption is not applicable to strangers
participating therein.
Prescription does not run between husband and wife,
parents and children during the latters minority or insanity,
and between guardian and ward during the guardianship.
THE FAMILY HOME
D. Sobrepea 85
Art. 152: The family home, constituted jointly by the - Home is deemed constituted form the time it is * Exemption from
husband and the wife or by an unmarried head of a actually resided upon and occupied by the family. execution is not absolute
family, is the dwelling house where they and their family No need for judicial or extrajudicial requirement, as it is subject to certain
reside, and the land on which it is situated. deemed constituted by operation of law. limitation such as
- There must be the element of permanence (thus a indebtedness in certain
Art. 153: The family home is deemed constituted on a boat on water cannot be considered a family home) instances (to be
house and lot from the time it is occupied as a family - Must be constituted by both husband and wife discussed in the next
residence. From the time of its constitution and so long jointly, the unmarried head of the family, or the articles)
as any of its beneficiaries actually resides therein, the occupancy of beneficiaries in a home can be
family home continues to be such and is exempt from constituted as a family home.
execution, forced sale or attachment except as - The family home is exempt from execution, forced
hereinafter provided and to the extent of the value sale or attachment as provided by law
allowed by law.
Art. 154: The beneficiaries of a family home are: - The actual occupancy of the beneficiaries in a
1. The husband and wife, or an unmarried person home may constitute the same as a family home
who is the head of a family; and as long as they have the consent of the husband or
2. Their parents, ascendants, descendants, wife who own the house and lot even if the owners
brothers and sisters, whether the relationship be do not reside in them.
legitimate or illegitimate, who are living in the family
home and who depend upon the head of the family for
legal support
Art. 155: The family home shall be exempt from - The whole value of the family home may be used
execution, forced sale or attachment except: to pay obligations under Art. 155.
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of the
family home;
3. For debts secured by mortgages on the
premises before or after such constitution; and
4. For debts due to laborers, mechanics, architects,
builders, material men and others who have rendered
service or furnished material for the construction of the
building.
D. Sobrepea 86
Art. 156: The family home must be part of the properties - The family home must be constituted at a place
of the absolute community or the conjugal partnership, where there is a fixed and permanent connection
or of the exclusive properties of either spouse with the with the persons constituting it.
latter's consent. It may also be constituted by an Not considered:
unmarried head of a family on his or her own property. 1. Boat or vessel
Nevertheless, property that is the subject of a 2. Apartment or house being rented

conditional sale on installments where ownership is 3. House on anothers property
reserved by the vendor only to guarantee payment of Considered: Property where ownership is reserved to
the purchase price may be constituted as a family home. the one making the family home.
Art. 157: The actual value of the family home shall not - Those above the amount stipulated (300,000 in
exceed, at the time of its constitution, the amount of the urban, 200,000 in rural) will not be exempt from
three hundred thousand pesos in urban areas, and two execution forced sale or attachment.
hundred thousand pesos in rural areas, or such amounts - Prior to the family code constitution of a family
as may hereafter be fixed by law. home was not automatic there was a need to file
In any event, if the value of the currency changes after for such. If prior to the family code there are certain
the adoption of this Code, the value most favorable for houses falling under the value of a family home at
the constitution of a family home shall be the basis of the time of the constitution of the family code (Aug.
evaluation. 3, 1988) provided for the family home is deemed
For purposes of this Article, urban areas are deemed to
automatically constituted.
include chartered cities and municipalities whose annual
income at least equals that legally required for chartered
cities. All others are deemed to be rural areas.
Art. 158: The family home may be sold, alienated, Written consent needed for the disposition of the family
donated, assigned or encumbered by the owner or home:
owners thereof with the written consent of the person 1. Persons constituting the family home
constituting the same, the latter's spouse, and a majority 2. Latters spouse
of the beneficiaries of legal age. In case of conflict, the 3. Majority of beneficiaries of legal age
court shall decide
D. Sobrepea 87
Art. 159: The family home shall continue despite the - Security of the family is the concern of the law thus
death of one or both spouses or of the unmarried head they provide for a 10 year period despite the death
of the family for a period of ten years or for as long as of the person who constituted the family home.
there is a minor beneficiary, and the heirs cannot Furthermore the heirs cannot partition the same
partition the same unless the court finds compelling unless the court finds compelling reasons
reasons therefor. This rule shall apply regardless of therefore.
whoever owns the property or constituted the family
home.
Art. 160: When a creditor whose claims is not among - Bidders cannot bid below the amount of 300,000 If
those mentioned in Article 155 obtains a judgment in his - the house is sold, 300,000 is given to the owner of
favor, and he has reasonable grounds to believe that the the house and the balance to the creditor to
family home is actually worth more than the maximum satisfy his debt. This happens even if the debt is
amount fixed in Article 157, he may apply to the court not fully satisfied. (Idea is to give 300,000 so that
which rendered the judgment for an order directing the the debtor can buy a house) This however does
sale of the property under execution. The court shall so not apply when if the creditor is one of those
order if it finds that the actual value of the family home mentioned in Article 155 (the debt must be satisfied
exceeds the maximum amount allowed by law as of the even if nothing is left with the owner).
time of its constitution. If the increased actual value
exceeds the maximum allowed in Article 157 and results
from subsequent voluntary improvements introduced by
the person or persons constituting the family home, by the
owner or owners of the property, or by any of the
beneficiaries, the same rule and procedure shall apply.
At the execution sale, no bid below the value allowed for a

family home shall be considered. The proceeds shall be
applied first to the amount mentioned in Article 157, and
then to the liabilities under the judgment and the costs.
The excess, if any, shall be delivered to the judgment
debtor.
Art. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may
constitute, or be the beneficiary of, only one family home.
Art. 162: The provisions in this Chapter shall also govern existing family residences insofar as said provisions are
applicable.
D. Sobrepea 88
LEGITIMATE ILLEGITIMATE NOTES

Children conceived or born during the Children born or conceived outside a valid
marriage marriage or in a void marriage unless
otherwise provided
Children as a result of artificial insemination If the requisites are not followed and the father
are legitimate provided that both authorized or does not impugn the legitimacy of the child, the
ratified the insemination in a written instrument child shall still be considered legitimate.
signed by both of them before the birth of the
child (registered with the birth certificate). I
If husband is able to impugn legitimacy
with regards to him child will simply not be
related, but in relation to the mom the child
will be considered illegitimate
PATERNITY AND FILIATION
Art. 163: The filiation of children may be by nature - Paternity and filiation refer to the relationship or tie, which
or by adoption. Natural filiation may be legitimate or exists between parents and their children.
illegitimate.
Art. 164: Children conceived or born during the - Illegitimate children are those conceived and born
marriage of the parents are legitimate. Children outside a valid marriage or inside a void marriage.
conceived as a result of artificial insemination of the ARTIFICIAL INSEMINATION: wife is artificially
wife with the sperm of the husband or that of a impregnated with the semen of her husband or with the
donor or both are likewise legitimate children of the semen of a third person.
husband and his wife, provided, that both of them - Child of artificial insemination is considered
authorized or ratified such insemination in a written legitimate provided that both the husband and wife
instrument executed and signed by them before the authorize or ratify such insemination in a written
birth of the child. The instrument shall be recorded instrument and signed by them before the birth of
in the civil registry together with the birth certificate the child and that it is recorded in the civil registry
of the child. together with the birth certificate of the child.
- If the requirements given are not followed and the
Art. 165: Children conceived and born outside a husband does not impugn the legitimacy of the
valid marriage are illegitimate, unless otherwise child on grounds provided by law within the
provided in this Code. prescriptive period the child will still be considered
legitimate.
D. Sobrepea 89
Art. 166: Legitimacy of a child may be impugned Grounds to impugn legitimacy of the child: Art. 167: The child shall be
only on the following grounds: 1. Physically impossible for husband to have sexual considered legitimate
1. That it was physically impossible for the husband intercourse with wife within the first 120 days of the although the mother may
to have sexual intercourse with his wife within the 300 days immediately preceding the birth of child have declared against its
first 120 days of the 300 days which immediately due to: legitimacy or may have been
preceded the birth of the child because of: a. Physical incapacity sentenced as an adulteress.
(a) the physical incapacity of the husband to b. Living separately: must be living in such a
have sexual intercourse with his wife; (b) the way that sexual intercourse is impossible. *Even if wife impugns
fact that the husband and wife were (Mere remoteness is not sufficient) legitimacy, child is still
living separately in such a way that c. Serious illness legitimate, only husband and
sexual intercourse was not possible; or (c) - When a child is born inside a marriage, sexual in proper cases the heirs can
serious illness of the husband, which intercourse is presumed to have occurred between the impugn the legitimacy.
absolutely prevented sexual intercourse; 2.That it is husband and wife within the first 120 days of the 300-day Unless: she did not deliver
proved that for biological or other scientific reasons, period before the birth of the child. (Longest gestation the child herself, or did not
the child could not have been that of the husband, period) come from her own womb.
except in the instance provided in the second 2. Biological or scientific reasons the child could not
paragraph of Article 164; or have been that of the husband (except for artificial
3. That in case of children conceived through insemination)if for biological reasons offspring
artificial insemination, the written authorization or could not have been that of the husband like if the
ratification of either parent was obtained through child was a different race from the fathers.
- Vasectomy is not enough proof because there are
times
mistake, fraud, violence, intimidation, or undue when the sperm can re-channel itself and effect fertilization.
influence. 3. In case of artificial insemination the authorization or
ratification was obtained through mistake, fraud,
violence or intimidation or undue influence.
* In the event that any of the grounds are proven, the child
will not be considered legitimate or illegitimate but that
simply the husband and child are not related. In so far as
the mother is concerned the child will be considered
illegitimate.
- Presumption is in favor of legitimacy.
D. Sobrepea 90
Art. 168: If the marriage is terminated and the * Merely suppletory, if there is better proof then such
mother contracted another marriage within three should be accepted.
hundred days after such termination of the former - Sexual intercourse is presumed between spouses
marriage, these rules shall govern in the absence of during their marriage.
proof to the contrary: IN CASE OF 2 MARRIAGES:
1. A child born before one hundred eighty days - If child is born within 180 days after the second
after the solemnization of the subsequent marriage is marriage and within 300 days after the termination
considered to have been conceived during the of the first marriage the child shall be considered to
former marriage, provided it be born within three have been conceived of the first marriage unless
hundred days after the termination of the former other proof is given.
marriage; - If the child is born after 180 days after the second
2. A child born after one hundred eighty days marriage the child shall be considered to have been
following the celebration of the subsequent marriage conceived of the second marriage unless other
is considered to have been conceived during such proof is given.
marriage, even though it be born within the three *But either way the child is still legitimate.
hundred days after the termination of the former
marriage.
Art. 169: The legitimacy or illegitimacy of a child - If there is no subsequent marriage after 300 days after the
born after three hundred days following the termination of the marriage there is no presumption and
termination of the marriage shall be proved by thus convincing proof is necessary.
whoever alleges such legitimacy or illegitimacy.
Art. 170: The action to impugn the legitimacy of the Prescription for impugning the legitimacy of the child *It is from the knowledge of
child shall be brought within one year from the 1. Within one year from the knowledge of the birth or the childs birth not the
knowledge of the birth or its recording in the civil its recording if husband resides in city where birth knowledge that it is not his
register, if the husband or, in a proper case, any of took place or recorded. child.
his heirs, should reside in the city or municipality 2. Within 2 years, if the husband lives elsewhere in
D. Sobrepea 91
where the birth took place or was recorded. the Philippines. *Even if the birth was
3. Within 3 years, if he lives abroad concealed, if it was
If the husband or, in his default, all of his heirs do 4. If the birth of the child has been concealed, registered and the father did
not reside at the place of birth as defined in the first prescription will begin from the discovery or not impugn the childs
paragraph or where it was recorded, the period shall knowledge of birth of child or the fact of registration legitimacy during the period
be two years if they should reside in the Philippines; of the birth (whichever is earlier). provided then the child is
and three years if abroad. If the birth of the child has legitimate. (Cannot impugn
been concealed from or was unknown to the since registry is earlier)
husband or his heirs, the period shall be counted
from the discovery or knowledge of the birth of the
child or of the fact of registration of said birth,
whichever is earlier.
Art. 171: The heirs of the husband may impugn the - Legitimacy cannot be collaterally attacked or
filiation of the child within the period prescribed in impugned. Principally only the husband can file a direct
the preceding article only in the following cases: action to impugn the legitimacy of the child even if the child
1. If the husband should died before the is not his.
expiration of the period fixed for bringing his action; - The heirs are mere substitutes of the husband and
2. If he should die after the filing of the cannot file the action if the husband himself failed to file
complaint without having desisted therefrom; or such action despite knowledge of the illegitimacy within the
3. If the child was born after the death of the prescribed period.
husband.
PROOF OF FILIATION
D. Sobrepea 92
Art. 172: The filiation of legitimate children is - The record of birth appearing in the civil registry Proofs from rules of the court
established by any of the following: should have the husbands signature and such birth or special law:
1. The record of birth appearing in the civil certificate signed by the parents is adequate proof of 1. Baptismal certificate
register or a final judgment; or paternity without need for further court action. 2. Judicial admission
2. An admission of legitimate filiation in a - Admission in public or private handwritten document 3. Family bible
public document or a private handwritten instrument is a complete act of recognition without need for court action 4. Common reputation
and signed by the parent concerned. A mere instrument not in the handwriting o 5. Admission by silence
In the absence of the foregoing evidence, the the parent or not a public instrument will not 6. Testimony of witness
legitimate filiation shall be proved by: qualify.
1. The open and continuous possession of the - Open continuous possession means the father
status of a legitimate child; or treats the
2. Any other means allowed by the Rules of child as his own directly and not through others,
Court and special laws. spontaneously and without concealment
Must be spontaneous and uninterrupted
Art. 173: The action to claim legitimacy may be Action to claim legitimacy by the child Article 175: Illegitimate
brought by the child during his or her lifetime and May be brought by the child during his or her lifetime and child
shall be transmitted to the heirs should the child die may be transmitted to heirs if the child dies during minority -Same as legitimate children
during minority or in a state of insanity. In these or in a state of insanity or after it has already been except when proof is through
cases, the heirs shall have a period of five years instituted by the child and child dies. Heirs have five open and continuous
within which to institute the action. years to institute action relationship or other rules of
court in which case it may
only be brought during the
lifetime of the alleged parent.
Exception: if the child is born
in a valid marriage though
different man, he cannot claim
illegitimacy. The man in the
marriage must first impugn
the legitimacy of the child
D. Sobrepea 93
Article 176: Rights of an illegitimate child Article 174: Legitimate children shall have the right:
1. Bear the surname of the mother 1. To bear the surnames of the father and the mother,
Even if paternity is certain, mother in conformity with the provisions of the Civil Code on
surnames unless father admits that is Surnames;
his child and lives with them then 2. To receive support from their parents, their
surname of father can be used. ascendants, and in proper cases, their brothers and sisters,
2. Be under the parental authority of the in
mother, entitled to support from her conformity with the provisions of this Code on Support; and
Even if paternity is certain, if father is 3. To be entitled to the legitimate and other successional
not living with them he cannot have rights granted to them by the Civil Code.
parental authority.
If the father acknowledges the child and - A legitimate child has his or her whole lifetime to file an
cohabits, he will be vested with parental action to claim his or her legitimacy.
authority. Even if he leaves after that it
will not be considered a waiver of his
parental authority unless violated legal
grounds provided for termination of
parental auth. (he will also be vicariously
liable for damages caused by the child)
3. Legitime will be of the legitime of a
legitimate child
4. Can get support only up to the
grandparents, and no right of

representation (if parent dies cant inherit
straight from grandparents)
5. Illegitimate child has his or her lifetime to file
an action to claim illegitimacy if he/she has
proof under Art. 172 (claim for his status in
not transmissible to his heirs)
D. Sobrepea 94
Art. 177: Only children conceived and born outside Legitimated Children (legitimate by operation of law) *Shall enjoy same rights as
of wedlock of parents who, at the time of the Requirements: legitimate children, shall
conception of the former, were not disqualified by 1. Children conceived and born outside wedlock retroact to their birth. *No
any impediment to marry each other may be 2. Of parents who had no legal impediments to marry need for the acknowledgment
legitimated. at that time the child was conceived and of the father unlike the civil
3. They get married later on. (The fact that it is a code. *Legitimation will not
Art. 178: Legitimation shall take place by a voidable marriage will not affect the legitimation, but affect property rights already
subsequent valid marriage between parents. The if it is a void marriage then illegitimate) vested.
annulment of a voidable marriage shall not affect IF the child dies before the celebration of the *If there is a legal impediment
the legitimation. marriage, it will still benefit their descendants. at the time of conception the
Only by those who are prejudiced in their rights remedy is adoption.
Art. 179: Legitimated children shall enjoy the same within 5 years from the time their cause of action Exception: those born
rights as legitimate children. (272a) accrues. (Refers basically to inheritance rights but if through adulterous
the creditors are really prejudiced they must show relationship and bigamous
Art. 180: The effects of legitimation shall retroact to how legitimation affected suchvested rights prior marriage cannot be
the time of the child's birth. to legitimation then those rights will not be taken legitimated.
from them)
Right of action accrues only upon death of parents
when legitimes will vest
Adopted children can be prejudiced with regards to
adopter parents or even natural parents.
Art. 181: The legitimation of children who died - In effect gives the children what they should have
before the celebration of the marriage shall benefit enjoyed during the lifetime of their father or mother.
their descendants.
Art. 182: Legitimation may be impugned only by - Contemplates inheritance or successional rights,
those who are prejudiced in their rights, within five creditors (commercial or property rights) are
years from the time their cause of action accrues. excluded unless it can be shown that the
legitimation affected their rights and they are really
prejudiced.
SUPPORT
D. Sobrepea 95
Art. 194: Support comprises everything Everything indispensable for sustenance, Art. 205: right to give or obtain
indispensable for sustenance, dwelling, clothing, dwelling, clothing, medical attendance, support shall not be levied upon
medical attendance, education and education, and transportation (in keeping with the on attachment or execution. -
transportation, in keeping with the financial financial capacity of the family) Cannot be made to satisfy any
capacity of the family. Schooling or training shall be applicable even judgment against the recipient.
beyond the age of majority Except: the excess beyond
The education of the person entitled to be Transportation includes going to and from school required for legal support in a will
supported referred to in the preceding paragraph and place of work or contractual supports hall be
shall include his schooling or training for some Can be given even beyond the age of majority subject to levy or execution.
profession, trade or vocation, even beyond the Support is never final (no res judicata) can be (Contractual support is subject to
age of majority. Transportation shall include changed adjustment whenever
expenses in going to and from school, or to and modification is necessary)
from place of work.
Art. 195: Subject to the provisions of the 1. Spouses *Adopted children only up to
succeeding articles, the following are obliged to 2. Legitimate ascendant and descendants parents for support. Others arent
support each other to the whole extent set forth in 3. Parents and their legitimate children and their obliged to support. (If the adopter
the preceding article: illegitimate/legitimate grandchildren dies or abandons then the state
1. The spouses; 4. Parents and their illegitimate children and their takes over)
2. Legitimate ascendants and illegitimate/legitimate grandchildren *Mandatory and essential cannot
descendants; 3. Parents and their legitimate 5. Legitimate brothers and sisters whether whole or be transmitted to a 3rd person
children and the legitimate and illegitimate half blood nor can it be waived. (Prohibition
children of the latter; 4. Parents and their 6. Brothers and sisters not legitimately related are against any compromise of the
illegitimate children and the legitimate and also obliged to support unless if he/she is of age right to future support)
illegitimate children of the latter; and and is due to claimants fault or negligence no *If relationship between one to be
5. Legitimate brothers and sisters, whether of full support. supported and the one to support
or half-blood - A child inside a womb is already considered born thus is in issue, status of the parties
entitled to all benefits that accrue to him/her provided that should be established first.
the child is born after.
Art. 196: Brothers and sisters not legitimately - They are no longer bound when the child is
related, whether of the full or half-blood, are above the age of majority or due to the
likewise bound to support each other to the full negligence.
extent set forth in Article 194, except only when
the need for support of the brother or sister,
D. Sobrepea 96
being of age, is due to a cause imputable to the

claimant's fault or negligence.
Article 197: In case of legitimate ascendants; Support for legitimate ascendants, descendants *IF the legitimate descendants are
descendants, whether legitimate or illegitimate; (legitimate or illegitimate), brothers and sisters the common children then ACP
and brothers and sisters, whether legitimately or (legitimate or illegitimately related) shall be taken and CPG shall be principally
illegitimately related, only the separate property from separate property charged.
of the person obliged to give support shall be If no separate properties from ACP or CPG *Support cant be taken from the
answerable provided that in case the obligor has (advancement). childrens property unless there
no separate property, the absolute community or But if it is the illegitimate children, insufficiency is was no need or demand from
the conjugal partnership, if financially capable, enough to make ACP liable and insufficiency plus recipient. (If this happens can
shall advance the support, which shall be payment of charges to make CPG liable. forfeit bond made by guardian
deducted from the share of the spouse obliged For spouses, generally from ACP or CPG absence parent over property-art. 225)
upon the liquidation of the absolute community or of then from fruits of ACP or CPG insufficiency or
of the conjugal partnership absence of from the separate properties
themselves.
Art. 198: During the proceedings for legal Support pending litigation generally obtain from ACP *After declaration of nullity or
separation or for annulment of marriage, and for or CPG annulment no more obligation to
declaration of nullity of marriage, the spouses In case of support between husband and wife where support
and their children shall be supported from the validity of marriage is in issue, aggrieved cannot be *In legal separation support
properties of the absolute community or the given support pendent elite by the other spouse ceases unless guilty spouse is
conjugal partnership. After the final judgment (from his separate property) ordered to support innocent. *If
granting the petition, the obligation of mutual Legal separation or annulment: spouses shall be wife is adulterous it can be a
support between the spouses ceases. However, supported by ACP or CPG. defense in an action for support
in case of legal separation, the court may order against separate property of
that the guilty spouse shall give support to the the spouse but wife can still get
innocent one, specifying the terms of such order. support from ACP or CPG.
D. Sobrepea 97
Art. 199: Whenever two or more persons are The list is in order of priority of who should
obliged to give support, the liability shall support first. The others are not obliged to give
devolve upon the following persons in the order support if those higher on the list are present.
herein provided: 1. The spouse;
2. The descendants in the nearest degree; 3. Art. 200:if the liability to support falls on 2 people it will
The ascendants in the nearest degree; and be divided between them in the proportion of their
4. The brothers and sisters. resources.
-But in case of urgency, the judge may order only one of
Art. 200: When the obligation to give support falls them to give and then just get reimbursed from the other
upon two or more persons, the payment of the after.
-When there are two or more people claiming for support
same shall be divided between them in proportion and the one obliged to give doesnt have enough, order
to the resources of each. will be followed except when the one who needs support
However, in case of urgent need and by special is a spouse and a child in which case the child shall be
circumstances, the judge may order only one of preferred. (Wife is preferred when it is an illegitimate
them to furnish the support provisionally, without child)
prejudice to his right to claim from the other
obligors the share due from them.
When two or more recipients at the same time

claim support from one and the same person
legally obliged to give it, should the latter not
have sufficient means to satisfy all claims, the
order established in the preceding article shall be
followed, unless the concurrent obligees should
be the spouse and a child subject to parental
authority, in which case the child shall be
preferred.
D. Sobrepea 98
Art. 201: The amount of support, in the cases Support can be increased or decreased
referred to in Articles 195 and 196, shall be in depending on the needs of the recipient and
proportion to the resources or means of the giver the resources of the person obliged to give it.
and to the necessities of the recipient. Judgment for support does not become final
Art. 202: Support in the cases referred to in the Demanding support

preceding article shall be reduced or increased Demandable from the time person who has the
proportionately, according to the reduction or right to receive it needs it (need for support is
increase of the necessities of the recipient and not presumed, must be established).
the resources or means of the person obliged to No support given without judicial or
furnish the same. extrajudicial demand. (Made within the first 5
years of every month)
Art. 203: The obligation to give support shall be Demand is essential shows manifestation of
demandable from the time the person who has a
needs.
right to receive the same needs it for
maintenance, but it shall not be paid except from
the date of judicial or extra-judicial demand.
Support pendente lite may be claimed in
accordance with the Rules of Court.
Payment shall be made within the first five days
of each corresponding month or when the

recipient dies, his heirs shall not be obliged to
return what he has received in advance.
Art. 204: The person obliged to give support How to provide support
shall have the option to fulfill the obligation either Can be by giving the money or allowance
by paying the allowance fixed, or by receiving Or by allowing the person to stay in family
and maintaining in the family dwelling the person dwelling unless there is a legal or moral obstacle
who has a right to receive support. The latter (usually refers to illegitimate children who are
alternative cannot be availed of in case there is a generally not allowed to get from ACP or CPG)
moral or legal obstacle thereto.
D. Sobrepea 99
Art. 205: The right to receive support under this The right to receive support and the money or * However in case of contractual
Title as well as any money or property obtained property obtained as such support cannot be support or that given by will, the
as such support shall not be levied upon on made to satisfy any judgment against the excess amount beyond that
attachment or execution. recipient required for legal support can be
subject of execution.
Art. 206: When, without the knowledge of the Art. 206 Requisites: Quasi-contract: juridical relation
person obliged to give support, it is given by a There is a need to be supported and without which arises from certain lawful,
stranger, the latter shall have a right to claim the knowledge of person obliged to give support voluntary and unilateral acts to
same from the former, unless it appears that he it is given by another, he can reimburse unless the end that no one shall be
gave it without intention of being reimbursed. he has no intention of being reimbursed. unjustly enriched or benefited at
If person obliged to give support unjustly the expense of another (basis for
Art. 207. When the person obliged to support refuses a third person can give it with right of reimbursement of one who gives
another unjustly refuses or fails to give support reimbursement. support)
when urgently needed by the latter, any third Art. 207 Requisites:
person may furnish support to the needy 1. Urgent need to be supported on the part of the
individual, with right of reimbursement from the recipient
person obliged to give support. This Article shall 2. The person obliged to support unjustly refuses or
particularly apply when the father or mother of a fails to give support.
child under the age of majority unjustly refuses to 3. Third person furnishes the support to the needy
support or fails to give support to the child when individual
urgently needed. *If all are present 3rd person shall have right to
reimbursment.
Art. 208: In case of contractual support or that - This is different from legal support, which cannot
given by will, the excess in amount beyond that be levied upon; contractual support however is
required for legal support shall be subject to levy not mandated by law.
on attachment or execution - The excess in amount of legal support shall be
subject to levy on attachment or execution.
PARENTAL AUTHORITY
D. Sobrepea 100
Art. 209: Pursuant to the natural right and duty of - Natural affection between the parents and the
parents over the person and property of their offspring has always been recognized as an
unemancipated children, parental authority and inherent and natural right.
responsibility shall include the caring for and - Parental authority involves a mass of rights
rearing them for civic consciousness and efficiency and obligations.
and the development of their moral, mental and
physical character and well-being.
Art. 210: Parental authority and responsibility may - Parental authority and responsibility may not be Except when provided by law
not be renounced or transferred except in the renounced or transferred except in the cases (Cases of adoption, guardianship
cases authorized by law. authorized by law. Parental authority and and surrender to a childrens home
responsibility cannot be renounced or transferred or orphanage)
-When a parent gives authority to
another it merely temporary
custody not renunciation.
Art. 211: The father and the mother shall jointly In case of disagreement the fathers decision shall
exercise parental authority over the persons of prevail unless there is a judicial order.
their common children. In case of disagreement, Children should observe respect and are obliged
the father's decision shall prevail, unless there is a to obey them as long as they are under their
judicial order to the contrary. parental authority
Children shall always observe respect and Applies to both legitimate and illegitimate
reverence towards their parents and are obliged to Requisites for it to apply to illegitimate:
obey them as long as the children are under 1. Paternity is knows or the father is certain.
parental authority. 2. Illegitimate is living with the father and mother who
are cohabiting without the benefit of marriage.
(If one of the requisites are missing only mother has
parental authority)
*Fathers subsequent separation does not mean a
renunciation. Once parental authority is vested cannot be
waived.
Art. 212: In case of absence or death of either If a spouse dies, the other spouse still has *New spouse does not get parental
parent, the parent present shall continue exercising parental authority authority by the fact of marriage.
parental authority. The remarriage of Remarriage does not affect the parental authority New spouse must
D. Sobrepea 101
the surviving parent shall not affect the parental of the parent. adopt the children to have
authority over the children, unless the court Lesbianism not a ground to deprive of custody. parental authority.
appoints another person to be the guardian of the
person or property of the children.
Art. 213: In case of separation of the parents, In case of separation the court shall designate a *This does not mean that the
parental authority shall be exercised by the parent to have parental authority (taking into other parent has no more PA.
parent designated by the Court. The Court shall consideration choice of those 7 and above) No *Habeas corpus is proper remedy
take into account all relevant considerations, child below 7 shall be separated from mother to get custody of a child from the
especially the choice of the child over seven unless there is compelling reason not to do other parent or 3rd persons.
years of age, unless the parent chosen is unfit. so. (Age is considered from when the decision
is made or when custody is given)
Custody may also be given to 3rd persons if the
situation so warrants.
Art. 214: In case of death, absence or In case of death, absence or unsuitability of the
unsuitability of the parents, substitute parental parents substitute parental authority shall be
authority shall be exercised by the surviving exercised by the surviving grandparent.
grandparent. In case several survive, the one In case several grandparents survive, the court
designated by the court, taking into account the will decide.
same consideration mentioned in the preceding
article, shall exercise the authority.
Art. 215: No descendant shall be compelled, in a No descendant shall be compelled in a criminal *Not mandatory in nature so if the
criminal case, to testify against his parents and case to testify against his parents or child wants to he can do so
grandparents, except when such testimony is grandparents unless the crime is against the voluntarily.
indispensable in a crime against the descendant descendant or by one parent against the other.
or by one parent against the other. Husband and wife during or after the marriage
cannot be examined without the consent of the
other (marital privilege). Except: in a civil case
by one against the other, in a criminal case by
one against the other or to the latters
descendant or ascendant.
SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
D. Sobrepea 102
Art. 216: In default of parents or a judicially 1st: parents exercise parental authority then a judicially *They will have the rights and
appointed guardian, the following person shall appointed guardian in default of such guardian: responsibilities of a parent
exercise substitute parental authority over the child 1. Surviving grandparent enumerated in art. 220 onwards.
in the order indicated: 2. Oldest brother or sister over 21 *Order is not mandatory:
1. The surviving grandparent, as provided 3. Childs actual custodian over 21 paramount interest
in Art. * The list is merely a guideline, fitness, capabilities,
214; etc must still be considered.
2. The oldest brother or sister, over
twenty-one years of age, unless unfit or
disqualified; and 3. The child's actual
custodian, over twenty-one years of age,
unless unfit or disqualified.
Whenever the appointment or a judicial guardian
over the property of the child becomes necessary,
the same order of preference shall be observed.
Art. 217: In case of foundlings, abandoned In case of no family members (foundling, abandoned,
neglected or abused children and other children neglected or abused children and other children similarly
similarly situated, parental authority shall be situated)
entrusted in summary judicial proceedings to heads - Parental authority shall be entrusted in
of children's homes, orphanages and similar summary judicial proceedings to heads of childrens
institutions duly accredited by the proper homes, orphanages, etc. Transfer of parental
government agency. authority:
1. Involuntary: by DSWS who files with court to
have custody over the child.
2. Voluntary: parent or child commits to the DSWS
(surrendered in writing by parents, if only 1 and
the other is dead or abandoned for at least 1
year 1 parent authorization is enough)
D. Sobrepea 103
Art. 218: The school, its administrators and School, administrators, teachers, individuals or Except: no liability by those with
teachers, or the individual, entity or institution entities engaged in child care shall have special special parental authority if it can
engaged in child are shall have special parental parental authority and responsibility over the be proven that such person
authority and responsibility over the minor child minor child while under their supervision, exercised the proper diligence in
while under their supervision, instruction or instruction, custody. (This authority applies to the circumstances. Parents
custody. authorized activities inside or outside the cant use diligence as a
Authority and responsibility shall apply to all premises) defense (imputed liability flows
authorized activities whether inside or outside the Those given special authority shall be principally from filial relation).
premises of the school, entity or institution. and solidariliy liable (civil liability) for damages *Can be an academic or
caused by the acts or omissions of the minor. nonacademic school.
Art. 219: Those given the authority and (Must be teacher in charge etc).
responsibility under the preceding Article shall be Parents or those who have substitute parental
principally and solidarily liable for damages caused authority shall be subsidiarily liable (if persons
by the acts or omissions of the unemancipated with special authority cannot cover the liability)
minor. The parents, judicial guardians or the Under the civil code, article 2180, teachers etc
persons exercising substitute parental authority can still be held liable when children are not
over said minor shall be subsidiarily liable. anymore minors subject to the defense of
proper diligence.
The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required
under the particular circumstances.
All other cases not covered by this and the

preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts.
EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN
D. Sobrepea 104
Art. 220: The parents and those exercising Rights and duties of parents: *Cases in the US would show
parental authority shall have with the respect to 1. Support, educate and instruct them, provide for that support can be withheld
their unemancipated children on wards the their upbringing in keeping with their means. from the child as a disciplinary
following rights and duties: 2. Love and affection, advice, counseling, sanction if the child refuses to
1. To keep them in their company, to support, companionship, and understanding obey the father. (But mere
educate and instruct them by right precept and 3. Moral and spiritual guidance disagreements or delinquent
good example, and to provide for their upbringing 4. Physical and mental health behavior does not generally
in keeping with their means; 5. Good and wholesome educational materials and terminate support). ROE V.
2. To give them love and affection, advice prevent them from bad company DOE.
and counsel, companionship and understanding; 3. 6. Represent them in all matters affecting their
To provide them with moral and spiritual guidance, interest.
inculcate in them honesty, integrity, selfdiscipline, 7. Demand respect and obedience
self-reliance, industry and thrift, stimulate their 8. Impose discipline
interest in civic affairs, and inspire in them 9. Others imposed by law
compliance with the duties of citizenship; 4. To Disciplinary Actions: parents may inflict a reasonable
furnish them with good and wholesome educational measure of corporal punishment.
materials, supervise their activities, recreation and (Read Child and Youth Welfare Code Rights of the
association with others, protect them from bad
child)
company, and prevent them from acquiring habits
detrimental to their health, studies and morals;
5. To represent them in all matters affecting their
interests;
6. To demand from them respect and obedience;

7. To impose discipline on them as may be
required under the circumstances; and
8. To perform such other duties as are imposed by
law upon parents and guardians.
Art. 221: Parents and other persons exercising Parents are primarily liable (civilly) for injuries Exception: if parents can show
parental authority shall be civilly liable for the and damages caused by the acts and omissions that they exercised the diligence
injuries and damages caused by the acts or of their unemancipated children living in their of a good father, then no liability.
omissions of their unemancipated children living in company and under their parental authority.
their company and under their parental authority
subject to the appropriate defenses provided by
law.
D. Sobrepea 105
Art. 222: The courts may appoint a guardian of the Court may appoint a guardian for purposes of
child's property or a guardian ad litem when the the lawsuit when the best interest of the child
best interests of the child so requires. requires it.
GUARDIANSHIP: trust relation of the most sacred
character.
Art. 223: The parents or, in their absence or Person who has parental authority may seek the Art. 224: The measures referred
incapacity, the individual, entity or institution assistance of the court to discipline the child and to in the preceding article may
exercising parental authority, may petition the with a counsel shall undergo a summary include the commitment of the
proper court of the place where the child resides, hearing. child for not more than thirty
for an order providing for disciplinary measures If the court finds that it is the petitioner at fault, days in entities or institutions
over the child. The child shall be entitled to the the court may suspend or deprive him of engaged in child care or in
assistance of counsel, either of his choice or parental authority. children's homes duly accredited
appointed by the court, and a summary hearing During the commitment of the child the parent by the proper government
shall be conducted wherein the petitioner and the cannot interfere with the care of the child but agency.
child shall be heard. will provide support. The parent exercising parental
However, if in the same proceeding the court finds The court may terminate the commitment of the authority shall not interfere with
the petitioner at fault, irrespective of the merits of child whenever just and proper. the care of the child whenever
the petition, or when the circumstances so warrant, committed but shall provide for
the court may also order the deprivation or his support. Upon proper petition
suspension of parental authority or adopt such or at its own instance, the court
other measures as it may deem just and proper. may terminate the commitment
of the child whenever just and
proper.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
Art. 225. The father and the mother shall jointly No need for a judicial court to appoint
D. Sobrepea 106
exercise legal guardianship over the property of the parents as guardians. It is presumed that the
unemancipated common child without the necessity of parents act for the best interest of the child.
a court appointment. In case of disagreement, the Prohibition (cases where a parent cannot be the
father's decision shall prevail, unless there is a judicial administrator of the property):
order to the contrary. 1. When a parent is disinherited and his/her
child inherits from the childs grandparents
Where the market value of the property or the annual his share of the compulsory inheritance, the
income of the child exceeds P50,000, the parent parent cannot administer such property. The
concerned shall be required to furnish a bond in such parent however can administer whatever is
amount as the court may determine, but not less than given to the child by way of voluntary will.
ten per centum (10%) of the value of the property or 2. When the parent is unfit to administer the
annual income, to guarantee the performance of the property and thus a guardian is needed.
obligations prescribed for general guardians. - Parents authority over the estate of the ward
as a legal-guardian would not extend to acts
A verified petition for approval of the bond shall be of encumbrance or disposition, as
filed in the proper court of the place where the child distinguished from acts of management or
resides, or, if the child resides in a foreign country, in administration.
the proper court of the place where the property or any 1. if the market value of total property or income
part thereof is situated. of child is more than P50k, the parent has to give a
bond not less than 10% of value of property to
The petition shall be docketed as a summary special guarantee performance of the obligations prescribed
proceeding in which all incidents and issues regarding for general guardians. (to be sure that guardians
the performance of the obligations referred to in the dont abuse their authority and do what they are
second paragraph of this Article shall be heard and required to do)
resolved. 2. rules on guardianship apply supplementary to
parents, but if child is under substitute parental
The ordinary rules on guardianship shall be merely authority or guardian is a stranger then rules on
suppletory except when the child is under substitute guardianship apply.
parental authority, or the guardian is a stranger, or a *parents authority over the estate does not include
parent has remarried, in which case the ordinary rules alienation or encumbrance, or compromise or waiver
on guardianship shall apply. (void). authority is needed from court.
D. Sobrepea 107
Art. 226. The property of the unemancipated child Childs salary still for his/her exclusively used
earned or acquired with his work or industry or by for benefit of child but child also has
onerous or gratuitous title shall belong to the child in obligation to support ascendants thus salary
ownership and shall be devoted exclusively to the can be used.
latter's support and education, unless the title or Parents cannot use property for personal
transfer provides otherwise. use.
The right of the parents over the fruits and income of -the child shall own exclusively whatever he earns
the child's property shall be limited primarily to the or by onerous or gratuitous title.
child's support and secondarily to the collective daily -the fruits of such can only be used by the parents for
needs of the family. the support of the child and secondarily for the
support of the family.
Art. 227: If the parents entrust the management or Parents who engage their unemancipated
administration of any of their properties to an child to take care of their properties are to
unemancipated child, the net proceeds of such give their child a monthly allowance taken
property shall belong to the owner. The child shall be from the gross proceeds of the property for
given a reasonable monthly allowance in an amount the month. Such will not be charged to the
not less than that which the owner would have paid if childs legitime.
the administrator were a stranger, unless the owner, The net proceeds or the balance left after the
grants the entire proceeds to the child. In any case, payment of the allowance and expenses will
the proceeds thus give in whole or in part shall not be go to the parents
charged to the child's legitime.
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Art. 228: Parental authority terminates permanently: The court upon the death of the parents can *parental authority cannot be
1. Upon the death of the parents; appoint a guardian on petition of a relative, revived in these cases.
2. Upon the death of the child; or family friend, or DSWD.
3. Upon emancipation of the child. These situations extinguishes parental
authority
D. Sobrepea 108
Art. 229: Unless subsequently revived by a final Grounds for termination: *for the reinstatement of parental
judgment, parental authority also terminates: 1. Adoption all legal ties are severed an are authority judicial declaration is
1. Upon adoption of the child; vested on the adopter. needed for reinstatement of
2. Upon appointment of a general guardian; 2. appointment of guardian parental authority.
3. Upon judicial declaration of abandonment of 3. abandonment of child (upon judicial
the child in a case filed for the purpose; declaration in a case filed for the purpose)
4. Upon final judgment of a competent court 4. final judgment from court depriving parental
divesting the party concerned of parental authority; or authority
5. Upon judicial declaration of absence or 5. judicial declaration of absence or incapacity
incapacity of the person exercising parental authority. of person
Art. 230: Parental authority is suspended upon - parental authority is suspended upon conviction of *parental authority is
conviction of the parent or the person exercising the the parent of a crime that has civil interdiction (loss of automatically reinstated upon
same of a crime which carries with it the penalty of rights of parental authority, guardianship to person service of sentence or pardon.
civil interdiction. The authority is automatically and property of ward, marital authority, right to
reinstated upon service of the penalty or upon pardon manage his property and right to dispose of such.
or amnesty of the offender.
D. Sobrepea 109
Art. 231: The court in an action filed for the purpose in Suspension of parental authority (can be from a *if the degree or seriousness so
a related case may also suspend parental authority if case related, offshoot of another case. Does not warrants parent may be deprived
the parent or the person exercising the same: have to be case filed for the purpose) of authority.
1.Treats the child with excessive harshness or cruelty 1. treats the child with excessive harshness or *Parental authority may be
2. Gives the child corrupting orders, counsel or cruelty revived in a case filed for its
example; 2. gives child corrupting orders, example or purpose or in the same
3. Compels the child to beg; or counsel proceeding if the court finds that
4. Subjects the child or allows him to be 3. Compels the child to beg the cause has ceased.
subjected to acts of lasciviousness. 4. Subjects or allows him to be subject to acts
The grounds enumerated above are deemed to of lasciviousness (not actual sexual act,
include cases, which have resulted from culpable force or intimidation with lewd design) * This
negligence of the parent or the person exercising may include cases where the parent was
parental authority. negligent or didnt do anything about the
If the degree of seriousness so warrants, or the situation.
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.
Art. 232: If the person exercising parental authority If the person exercising parental authority *parental authority cannot be
has subjected the child or allowed him to be subjected has subjected the child or allowed him to be revived for sexual abuse. *RPC:
to sexual abuse, such person shall be permanently subjected (culpable negligence of a parent) parental authority can be
deprived by the court of such authority. to sexual abuse parental authority will be deprived or suspended up to
permanently deprived the discretion of the courts.
Under RPC: any person entrusted with parental
authority of a child under 16 years of age to deliver,
gratuitously or in consideration of a price, such child
to vagrant or beggar, employs children in exhibitions
(circus, carnival, etc.)
D. Sobrepea 110
Art. 233: The person exercising substitute parental Corporal punishment of those with special
authority shall have the same authority over the parental authority:
person of the child as the parents. - those exercising substitute parental authority
In no case shall the school administrator, teacher of will have all the same rights and authorities
individual engaged in child care exercising special over the child (can inflict corporal
parental authority inflict corporal punishment upon the punishment)
child. - those with special parental authority cannot
inflict corporal punishment on the child.
(schools can impose certain measures of
disciplinary action but cannot inflict any
physical punishment)
Criminal liability of parents:

1. conceals or abandons the child with intent to make him/her loose his civil status
2. abandons child depriving him of the love, care, and protection he needs
3. sells or abandons child for a valuable consideration
4. neglects the child by not giving him the education which the family can afford
5. fails or refuses without justifiable reason to enroll child
6. causes, abates, or permits truancy of the child. (absence without cause for more than 20 days, not necessarily consecutive)
7. exploits child by using him for begging, etc.
8. inflicts cruel and unusual punishment
9. encourages or causes child to lead an immoral or dissolute life
10. permits child to use or carry dangerous weapons
11. allows or requires child to drive without a license.
EMANCIPATION
Art. 234: Emancipation takes place by the - Emancipation is attained upon reaching 18 years of
attainment of majority. Unless otherwise age. Marriage is no longer a ground for emancipation
provided, majority commences at the age of since now one can only contract a marriage when they
eighteen. marry.
D. Sobrepea 111
Art. 236: Emancipation for any cases shall - Parental consent is more in keeping with Filipino culture *Illegitimate children: liability
terminate parental authority over the person and tradition. is with the mother; the father
and property of the child who shall then be - Once emancipated he/she can sue or be sued alone, is only relied upon for support.
qualified and responsible for all acts of civil of and is responsible and qualified for all acts of civil life
life, save the exceptions established by Parents liability:
existing laws in special cases. - The father and in case of death or incapacity the
Contracting marriage shall require parental mother are responsible for the damages caused by the
consent until the age of 21. children between 18 and 21 who live in their company.
Nothing in this code shall be construed to - Parents are also subsidiary liable for the acts or
derogate from the duty or responsibility of omission of their emancipated child living in their
parents and guardians for children and wards custody,
below twenty-one years of age mentioned in Guardians liability:
the second and third paragraphs of Article 2180 - Guardians are liable for damages if the person is under
of the civil code. their authority and live in their company.
Summary proceedings:
- claims for damages by either spouse must be done in a separate action.
- Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel
after.
- Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher
courts on the basis of denial of due process. Family courts:
- shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest
number of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2. petitions for guardianship, custody, habeas corpus
3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
5. support and acknowledgment
6. summary judicial proceedings
7. declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8. Constitution of family home
9. Cases against minors (dangerous drugs act)
10. Violations of 7610
D. Sobrepea 112
11. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings) *if any become
an incident to a case pending in the regular courts it shall be decided there.
Funerals:
- same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)
Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
- In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious
beliefs, in case of doubt shall be decided upon by the person making the arrangements after consultation with the family.
- Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
- A person who allows disrespect to the dead will be liable to the family for moral and material damages.
- Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.
USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall - Legitimate, legitimated children use surname of
principally use the surname of the father. their dad
Art. 365: An adopted child shall bear the surname - Adopted children are considered the legitimate
of the adopter. child of the adopter for all intents and purposes
and thus is entitled to all the rights and
obligations provided by law.
- Adopted children bear the name of their
adopter.
Art. 366: A natural child acknowledged by both Art. 176: illegitimate children shall use the surname of
parents shall principally use the surname of the the mother and shall be under their parental control.
father. If recognized by only one of the parents, a - Art. 176 however does not apply if the father of
natural child shall employ the surname of the the illegitimate child is certain as when the said
recognizing parent. father categorically admits that the illegitimate
Art. 367: Natural children by legal fiction shall common child is his and at the same time such
principally employ the surname of the father. father lives with the illegitimate child and the
mother.
D. Sobrepea 113
Art. 368: Illegitimate children referred to in Article - Illegitimate children shall principally use the Exception: father is certain or
287 shall bear the surname of the mother. name of the mother recognizes illegitimate child and
the father lives with the
illegitimate child and mother.
Then can use fathers surname
Art. 369: Children conceived before the decree - Children conceived before the decree annulling
annulling a voidable marriage shall principally use a voidable marriage shall use surname of father.
the surname of the father. - Decree of annulment is final 15 days after it is
made thus even if the child was born during that
15 day period the child will still be legitimate.
Art. 370: A married woman may use: Married woman may use:
1. Her maiden first name and surname and 1. Her own name
add her husband's surname, or 2. maiden first name, surname and husbands
2. Her maiden first name and her husband's surname
surname or 3. maiden name and her

3. Her husband's full name, but prefixing a word husbands surname
indicating that she is his wife, such as "Mrs." 4. husbands full name
plus Mrs. * Option is give to the
woman.
D. Sobrepea 114
Art. 371: In case of annulment of marriage, and In case of annulment:

the wife is the guilty party, she shall resume her
maiden name and surname. If she is the innocent 1. wife is guilty: shall resume her maiden name
spouse, she may resume her maiden name and 2. innocent: resume her maiden name or continue
surname. However, she may choose to continue using her husbands name unless the court decrees
employing her former husband's surname, unless: otherwise or if either of them remarries. In case of legal
1. The court decrees otherwise, or separation: wife will continue to use the name she
2. She or the former husband is married used prior to separation
again to another person. Widow: may continue to use deceased husbands
surname
Art. 372: When legal separation has been
granted, the wife shall continue using her name
and surname employed before the legal
separation.
Art. 373: A widow may use the deceased

husband's surname as though he were still living,
in accordance with Article 370.
Art. 374: In case of identity of names and If there are similar names, the younger will be Grandsons and direct male
surnames, the younger person shall be obliged to obliged to use additional names descendants will use:
use such additional name or surname as will avoid If between ascendants and descendants the 1. add middle name or
confusion. word junior can only be used by a son. mothers surname add roman
numerals
Art. 375: In case of identity of names and
surnames between ascendants and descendants,
the word "Junior" can be used only by a son.
Grandsons and other direct male descendants
shall either:
1. Add a middle name or the mother's surname, or
2. Add the Roman Numerals II, III, and so on.
Art. 376: No person can change his name or No change in name or surname without judicial Exception: if it is for merely
D. Sobrepea 115
surname without judicial authority. authority changing clerical or typographical

Reasons for change in surname: error no need for judicial authority
1. ridiculous name (must not involve a change in
2. change of civil status nationality, age, status, or sex)
3. to avoid confusion Change in nickname:
*laws do not permit a legitimate child of another to adopt 1. ridiculous, tainted with
the surname of another person even if that person is dishonor, difficult to
exercising parental authority. But if it is an illegitimate pronounce
child, change of surname is permitted 2. habitually used and known
- change of name does not alter family relations, by other people as that
rights or duties, legal capacity, civil status or 3. change will avoid
citizenship. confusion.
Art. 377: Usurpation of a name and surname may The usurpation or use of a name and surname *usurpation means some injury to
be the subject of an action for damages and other without authority could result in a claim for the interests of the person
relief. damages (possibility of confusion of identity
Art. 378: The unauthorized or unlawful use of Unauthorized or unlawful use of anothers name etc)
another person's surname gives a right of action to also gives right for an action to the latter.
the latter.
Art. 379: The employment of pen names or stage Pen names and stage names permitted as long *stage names cannot be usurped
names is permitted, provided it is done in good as done in good faith and no one gets injured. as the people have vested rights
faith and there is no injury to third persons. Pen in them as well.
names and stage names cannot be usurped.
Art. 380: Except as provided in the preceding

article, no person shall use different names and
surnames.
Absence:
- at the instance of an interested party the judge may appoint a person to represent him
- judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) spouse is preferred
if no legal separation.
Declaration of absence - 2 yrs if no news about the absentee
- 5 yrs if absentee left someone in charge
D. Sobrepea 116
Who may seek - spouse present *judicial declaration shall not take effect until 6
declaration of absence - heirs instituted in a will months after its publication.
- relatives who may succeed by the law of intestacy

(legitimate, illegitimate relatives, collateral relatives)
- those who have right to the property subordinated to the
condition of his death
Some of its effects - cause for involuntary judicial separation *spouse cant alienate/encumber property
- basis for termination of property regime without judicial authority.
- transfer of exclusive properties to the present spouse
- termination of parental authority
Termination of - when absentee appears of his agent
administration - death of the absentee is proved and his heirs appear
- 3rd person appears with a right over the property
Presumption of death - 7 years for intents and purposes except succession *if the absentee appears or his existence is
through absence - 10 yrs for purposes of opening succession if proven he shall recover all his property in the
- disappeared after the age of 75, 5 years enough condition they are in but cannot claim the fruits
Presumption of death in - on board a lost vessel during sea voyage, airplane that is or rents.
dangerous situations missing and has not been heard of in 4 years since loss. *if the absentee is the heir, his share shall
(if there is a wreckage and person is missing, not 4 years) accrue to his co-heirs, unless hi has heirs or a
- Person in the armed forces engaged in war and is representative. (right of representation). If
missing for 4 years absentee reappears he has claim to get what
- Person in danger of death and existence has not been was supposed to be his from those that got it
known for 4 years. within the prescriptive period.
ADDITIONAL NOTES AND REVIEW AIDS:
Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of statute.
Domestic adoption
- Policy of the state to ensure that child is provided with love, care and remains with parents and only when the child cant be placed with
extended family shall adoption by unrelated person be considered.
In accordance with tenets of:
1. UN Convention on Rights of a Child
D. Sobrepea 117
2. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
3. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
1. Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential adopter before birth, etc.) 2.
Prevent child from unnecessary separation from parents
3. Protect adoptive parents from disturbance of their parental authority over adopted.
4. Promote sensitive environment for adoption through campaigns and public information
5. Government has sufficient capacity to provide for adoption properly.
6. Encourage domestic adoption and make inter-country adoption a last resort.
- Being a statutory creation, all requirements must be met with if not, no rights may flow from this. Pre-
Adoption Services: Counseling for natural parents, adopter, and adoptee.
Eligibility:
1. Filipino citizen of legal age with full civil capacity and legal rights.
a. Not convicted of a crime involving moral turpitude
b. Emotionally/Psychologically capable of caring for children
c. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent) d. In a position
to support and care for
2. Aliens with same qualifications plus
a. Country has diplomatic relations with Philippines
b. Living in the Philippines for at least 3 continuous years
i. Residency requirement is waived if the adopter was:
1. Former Filipino citizen who seeks to adopt a relative with in the 4th degree of consanguinity or affinity
2. Seeks to adopt legitimate child of Filipino spouse
3. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4 th degree of
consanguinity or affinity of Filipino spouse.
c. Foreign country will allow the adoptee to enter such country
d. Certified to be legally capacitated to adopt
3. Guardian with respect to ward (after clearance of finances Husband and wife shall jointly adopt except:
1. One spouse seeks to adopt legitimate child of other
2. One spouse adopts his/her own illegitimate child provided other spouse signifies
consent to this
3. Spouses are legally separated Who may be adopted:
1. Below 18, judicially/administratively declared available for adoption
2. Legitimate child of one spouse by the other
3. Illegitimate child by qualified adopter to improve status
D. Sobrepea 118
4. A person of legal age of when younger was treated as adopters child since minority
5. A childe whose adoption has been previously rescinded
6. Child where parents have died (no proceeding until after 6 months from time of death)
Consent needed: To make sure everyone knows and accepts the adoption
1. The adoptee if 10 years and over
2. Who ever has legal custody of the child (parent, guardian, govt.)
3. Legitimate and adopted children of adoptee (10 years and above)
4. Illegitimate children if living with adopter (10 years or over)
5. Spouse of adopter
- No consent can be given prior to birth of child. 6-month period to revoke consent by parent after decision has been made. After that
consent is binding. Procedure:
1. Court needs proof that there wasnt a hurried decision.
2. Social worker should make case study of adopter and adoptee prior to any hearing for adoption
3. Before adoption decree becomes final there is 6 month custody period
- Only a direct attack in cases of adoption, cant be collaterally attacked
- Decree becomes effective as of the date petition was filed
Retroacts except when it comes to vicarious liability
- Hearing in adoption cases will be considered confidential and not open to public.
Effects of Adoption:
1. Parental authority all legal ties between biological parent and adoptee severed (unless biological is the one adopting)
2. Legitimacy for all intents and purposes adoptee is considered legitimate child
a. Relationship established is only between parent and child, does not extend to other relatives unless expressly provided by law
3. Succession - adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime), biological parents wont get
anything.
- No right of representation (Meaning if adopter dies, adoptee cant get from parents of adopter) -
Does not inherit form the other relatives, etc.
- However if something is left by will the adoptee/biological parent can inherit (from the free
portion)
Rescission of adoption: by adoptee or guardian:
1. Repeated physical or verbal maltreatment
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment and failure to comply with parental obligations - Adopter cannot rescind adoption (can only disinherit)
- If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a
minor. But adopter and adoptee relationship extinguished.
D. Sobrepea 119
Inter-country Adoption:
- Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
- Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child. -
The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family.
Functions of Board:
1. Rules and regulations
2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed) Who
may adopt: Any alien or Filipino citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form an
accredited counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is
allowed under his or her laws)
- To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
- No matching arrangement between applicant and parents before the committees proposal unless it is relative or it is for the childs best
interest.
D. Sobrepea 120
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family,
absence the foreign agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the
foreign adoption agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
3. Procedures and safeguards not complied with
4. Child exposed to danger, abuse and exploitation
- Attempt to commit offense punishable
- Acts punishable above considered child trafficking
RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
- State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the
child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental
disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse) 2.
Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area) 5. Victim of calamity
6. Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
D. Sobrepea 121
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families. Obscene
publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
- Establishments where these acts are done will be closed and their license to operate will be canceled. Working
Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence Children of Indigenous Cultural
Communities:
- Institute an alternative education for children which is culture specific and relevant to their needs -
Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3 rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.
D. Sobrepea 122
Article 86: Donor may revoke 5. Marriage is not celebrated or is void ab initio Exception: If the donation is in the
donation by reason of marriage in (including art. 52-53) marriage settlement it will be revoked by
the following cases Prescription: operation of law.
- marriage is void: 5 years from Judicial Declaration Exception: If the marriage is void due to
of Nullity (if doesnt want to give it back, prescribe Article 40, or Article 44, then automatically
after 8 years for movable, 30 years for immovable) revoked
- marriage not celebrated: 5 years from when it was
not celebrated
6. Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent was
not obtained, after the marriage.
7. Upon legal separation when donee is the guilty Exception: if the ground for legal
spouse Prescription: separation is infidelity in the form of
- 5 years from finality of decree. adultery or concubinage it will be
automatically void.
8. When there is a resolutory cause and the condition Exception: between husband and wife
has been complied with Prescription: prescription does not run.
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- donee commits an offense against the person or
property of the donor, his wife, or children
- donee imputes to the donor any criminal offense
involving moral turpitude unless it against the donee
- donee unduly refuses to support donor when he is
legally or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of
the fact of ingratitude
Article 87 -husband and wife cant donate to each other Exception: can give moderate gifts.
-also those who cohabitate with each other
Revoked by operation of law:
D. Sobrepea 123
1. Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted
with bad faith.
2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession,
provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law
is marriage is not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual development duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family
Legitimate Illegitimate
Those conceived in the 15-day period prior to the finality of the Children born in a valid marriage but is impugned by the
decree of annulment. father
Conceived or born before a voidable marriage is terminated Children conceived or born in a void marriage
Children conceived or born in a void marriage pursuant to article Cannot be legitimated: when from an adulterous
40, 52, and 53 relationship or bigamous marriage.
Children conceived or born in a void marriage because of
psychological incapacity
*but if child was conceived and born prior to the marriage, marriage
does not make child legitimate
D. Sobrepea 124
Children conceived and born prior to the marriage if there are no

legal impediments at that time then the subsequent marriage will
make them legitimate.
Exception to when parents cannot administer property:

1. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to
legitime.
i. Article. 919: following shall be sufficient causes for disinheritance of children, descendants
1. Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse,
descendants or ascendants.
2. When the child, descendant has accused the testator of a crime, which the law prescribes imprisonment for 6
years or more, if it is found to be groundless.
3. When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
4. When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make a will or change
one he has already made.
5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
6. Maltreatment of the testator by word or deed by the child or d
7. Child or descendant leads a dishonorable or disgraceful life
8. Conviction of a crime with civil interdiction ii. Article 920: following shall be sufficient causes for disinheritance of
parents or ascendants, whether legitimate or illegitimate
1. When parents have abandoned their children, induced their daughters to live corrupt or immoral life, or attempted
against their virtue
2. Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse,
descendants or ascendants.
3. Accused testator of a crime
4. Parent or ascendant convicted of concubinage with spouse of testator
5. Parent or ascendant by fraud, violence, undue influence causes new will or change will
6. Loss of parental authority
7. Refusal to support children or descendants without justifiable cause.
8. Attempt of one of the parents against the life of the other, unless there has been reconciliation iii. Article 921:
disinheriting a spouse
1. Spouse convicted of attempt against..
2. Spouse accused testator of crime
3. Spouse by fraud, intimidation
4. Spouse has given cause for legal separation
D. Sobrepea 125
5. When the spouse has given grounds for loss of parental authority.
6. Unjustifiable refusal to support the children or other spouse 2. When parent is
incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against
her virtue
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3. Accused of a crime
4. Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer
within a month unless authorities have already taken action. (not applicable wherein law there is no obligation to
make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
b. Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is
ascendant, descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such
witness, spouse, parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness 6. Individuals, associations,
corporations not permitted by law to inherit.
Prohibited compromise: matters which cannot be negotiated nor set by agreement:

Civil status
Validity of marriage or of a legal separation
Ground for legal separation
Future support
Jurisdiction of the courts
Future legitimes
D. Sobrepea 126
Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3
months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no
intention of returning to the conjugal dwelling. (physical, financial and moral desertion)
- spouse can seek for receivership, judicial separation of property, and sole administration
- abandonment for more than one year can lead to legal separation
Deadlines:
Article Contents Deadlines/prescriptions

Article 30 Marriage certificate with affidavit for marriages in Within 30 days after the performance of the
articulo mortis or remote residence marriage
Article 38 Action or defense for absolute nullity (anyone can file) Does not prescribe
Article 47 For one who obtains a marriage without prior consent - Any time between 18-21 years old by parents -
*If ratified then can no longer after he reaches the age of 21 5 years after reaching 21 by the party.
be annulled.
Article 47 By the sane spouse without knowledge of insanity, Anytime before the death of either party.
relative, guardian, or person having legal charge
Article 47 By the insane during a lucid interval Anytime before the death of either
Article 47 Consent through fraud 5 years after having knowledge
Article 47 Consent through intimidation, force, undue influence 5 years after it ceases
Article 47 For STD and physical incapacity 5 years after the marriage
Article 50-51 Entry of judgment and decree of nullity become final 15 days from receipt of the parties of the decision
Article 57 Prescription of action for legal separation 5years from the occurrence of the cause.
Article 58 Legal separation trial (during trial they are entitled to After the laps of 6 months after the filing of the
live separately already) petition.
Article 61 After filing of complaint respondent should answer but 15 days after receipt of summons
is not in default if not answered
Article 61 Action for legal separation Terminates upon death of either spouse
Article 64 Revocation by choice of the innocent spouse of 5 years after the decree of legal separation
donations after decree of legal separation
D. Sobrepea 127
becomes final. (Unless the donation is actually void

Art. 87)
Article 182 Impugning legitimacy by those who are prejudiced 5 years from the time their cause of action accrues
D. Sobrepea 128

Persons Reviewer For Sta. Maria 1 12

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Persons Reviewer For Sta. Maria 1 12

Uploaded by

Copyright:

Available Formats

Persons and Family Relations 2009 (Atty. Sta.

CIVIL CODE OF THE PHILIPPINES: Preliminary Title

to some statute. Not meant to impair obligation or affect vested

PROHIBITORY LAWS: Those that one is not supposed to do. Couched

Property where it is found. However, when it comes to the order, amount,

victim extinguishes the criminal action or penalty of the

Marriage Status: Marriage creates a social status,

Marriage in International Law: men and women of full

Constitutional Protection: The State recognizes the

Property Relations: Only property relations may be fixed

the case provided in Article 10. church. or one of the contracting

filed in connection with applications for marriage

Art. 25. The local civil registrar concerned shall enter

between Filipinos are not

MARRIAGES EXEMPT FROM LICENSE REQUIREMENT

- The marriage should be at the point of death

Matters that dont affect the validity of the marriage:

years of age even with the consent of parents or

- Not just stubborn refusal but attributed to

- True inability to commit oneself to the (living together, etc.)

6. Essential marriage obligations are those

The surviving spouse of the adopted The surviving spouse of adopter

can get married) can get married)

Who can they marry:

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

In relation to: has to do with the liquidation, partition and valid.

6. That either party was afflicted with a No ratification by cohabitation

judicial proceedings. shares property governed by co-ownership)

In the partition, the conjugal dwelling and the

involved is that of the respondent from another

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

property will prevail. debtor spouse will loose the right to

grounds for judicial separation of property

other spouse may assume

administration. These 3. Exclusive

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

The obligations to the family mentioned in the

A spouse is deemed to have abandoned the

same period to give any information as to his or

betting, sweepstakes, or any

General rule: in a joint donation one cannot accept

Art. 125: Neither spouse may donate any

Marriage without Art. 148: In cases of cohabitation not falling Requisites:

THE FAMILY AS AN INSTITUTION

THE FAMILY HOME

Nevertheless, property that is the subject of a 2. Apartment or house being rented

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

LEGITIMATE ILLEGITIMATE NOTES

grandparents, and no right of

being of age, is due to a cause imputable to the

When two or more recipients at the same time

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

of each corresponding month or when the

SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY

All other cases not covered by this and the

EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN

6. To demand from them respect and obedience;

Criminal liability of parents:

surname or 3. maiden name and her

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

Art. 373: A widow may use the deceased

surname without judicial authority. authority changing clerical or typographical

Art. 380: Except as provided in the preceding