Sta Maria Persons Notes

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 of - EO 200 was issued by President Aquino on June 1987 which provided - Presidential decrees and
their publication that pursuant to the ruling in Tañada v. Tuvera publication need not be executive orders by the
made in the Official Gazette, considering its erratic release and limited president in exercise of his
readership. legislative powers.
- Newspapers for general circulation could better perform the function of - Administrative rules and
communicating the laws to the people—more available, wider regulations if their purpose is
circulation, comes out regularly. to enforce or implement
- If a statute does not provide for its effectivity, it will only take effect existing law pursuant to a
15days after the completion of its publication. (No one shall be charged valid delegation.
under the statute until the completion of the publication.) - City charter must be
- Statutes may provide for another number of days for publication. The published even if it is only
statement “unless otherwise provided” refers only to the 15 days (which applicable to a portion of
can be changed to a different number) and not the requirement of national territory
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internal in nature need not be
published.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. Maxim: ignorantia legis non excusat
excuses no one from compliance - Ignorance cannot be put up as a defense because it can always be
therewith. 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.
Art. 4: Laws shall not be - Statutes are to be construed as having prospective or future operation
retroactive unless provided 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.
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Persons and Family Relations 2009 (Atty. Sta. Maria)
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 acts that
mandatory and prohibitory laws are mandatory in the law, it renders the proceeding or acts to which it relates as
shall be void. 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)
Art. 6: Waiver of Rights - Rights may be waived unless it is contrary to law, public policy, morals Examples of what cannot be waived:
or good customs, or prejudicial to a third person with a right recognized 1. Waiver against the right to
by law. purchase land.
- The right must exist at the time of the waiver. 2. Waive an action against
Requisites: future fraud
1. The person knows that a right exists 3. Waive right to receive less
2. Has adequate knowledge upon which to make an intelligent decision than the compensation a
3. Knowledge of the facts related to the right to be waived worker is to receive under
4. Must be shown that the waiver is made knowingly and intelligently the law.
- 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 parts may be separated if they can stand independently of one
another.
Art. 8: Judicial decisions form case - Judicial decisions, applying and interpreting laws and the Constitution, assume
laws the same authority as laws.
Art. 9: Responsibility of the courts - Judges must not evade performance of their responsibility because of 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 in its
lawmaking body intended right and application should there be any kind of interpretation.
justice to prevail - The interpretation should be in line with the intent of the legislature or
the end sought to be attained.
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Art. 11: Customs CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as a
Art. 12: Customs must be proved social rule, which is legally binding and has obligatory force.
accdg. to the rules of 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 sojourn are subject to all penal laws and Exception:
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 she will Thus a Filipino cannot get a divorce
still be governed by Philippine laws when it comes to family rights, even if he or she goes abroad, since
duties, or to his or her legal status and legal capacity, divorce is not recognized in the
Philippines
Art. 16: Real & Personal Property - Real and Personal Property are subject to the law of the country where
it is found. However, when it comes to the order, amount, and intrinsic
validity of the succession it shall be regulated by the law of the person
whose succession is being considered regardless of where the property
is to be found.
Art. 17: Forms and Solemnities of Extrinsic validity: the laws shall govern the forms of contracts and wills where
contracts/will, acts done before they are made. Thus a will made in the U.S. must follow the laws regarding the
consular officials, prohibitive laws forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in a
foreign country made before the diplomatic and consular officials must also
conform to Philippine laws. This is because in the premises of a diplomatic office
the foreign country waives its jurisdiction so the Philippine laws govern in the
premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and
those meant for public order, public policy, or good customs will continue to be in
effect even if the person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy is legal,
the second marriage is void since bigamy is not permitted in the Philippines.
Art. 18: Deficiency in the Code of - When there are deficiencies in the Code of Commerce and Special
Commerce and special laws 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.
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- 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
Art. 19: Abuse of right doctrine - Meant to be a law of justice and fairness especially in instances wherein there *The three articles are related
is no specific law to prevent acts of abuse to another. to each other and under these
- It is a rule of conduct that is meant to create a harmonious and orderly relation articles an act, which causes
ship between people injury to another, may be made
Art. 20: willfully or negligently - Speaks of the general sanction for all other provisions of law, which do not the basis for an award for
causes damage to another especially provide their own sanction. damages.
- Designed to fill in the countless gaps in the statutes, which leave many victims
without recourse.
Art. 21: Contrary to good Elements:
customs, morals, or public policy 1. There is an act which is legal
2. But which is contrary to morals, good customs, public order, public policy
3. And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result of another
person’s act
Art. 22: One who comes into the UNJUST ENRICHMENT: one should not unduly profit on something which he does not
possession of another is obliged own
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 negligence 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 who are
the disadvantage 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 can
acute public want or emergency order one to stop extreme spending during times of 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.
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Art. 26: Respect privacy of others. - Meant to enforce the right of one to his privacy in one’s own home, religious freedom, The touchstone of every
Respect for human dignity prevent moral suffering, vexation, humiliation, system of laws is how far it
dignifies man.
Art. 27: Public servant refuses or - One may file an action for damages against the officer who does not perform his official *If the officer is no day off, then
neglects to do his duty without duty without just cause. one cannot file an action
just cause - A public officer who commits a tort or other wrongful act is still liable to the victim. against him.
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 is - If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil
not proved beyond reasonable action may be made and the degree of proof necessary is only a preponderance of
doubt 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 of
from a criminal offense evidence as the quantum of proof,
Art. 31: Civil obligation not arising - Usually a criminal proceeding, if commenced, must be terminated before a civil
from the felony 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 driver’s criminal
negligence. The first is governed by the civil code and the second is from the Revised
Penal Code.
Art. 32: Civil action for violation of - Necessary to have an absolute separate and independent civil action for the violation
constitutional rights of civil liberties for the effective maintenance of democracy.
Art. 33: Civil action for violation of - Principle is to allow the citizen to enforce his rights regardless of State action so that *Criminal negligence (reckless
private rights citizens will not depend upon the government for the vindication of their own private imprudence) is not included in
rights. this article, thus an
- Includes fraud, defamation, physical injuries and are understood in their ordinary independent action for such
sense. cannot be made independently
from the criminal prosecution.
Art. 34: Members of the Police - When there is danger to life or property, and the police officer refuses to give
Force aid and protection, such peace officer shall 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 action - When a person claiming to be injured by a criminal offense, charges another but the If complaint be malicious,
judges fails to find any crime to have been committed or if the prosecuting attorney defendant may can be
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refuses/fails to institute criminal proceedings, complainant may file a civil action for indemnified through the
damages against the alleged offender plaintiff’s bond
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
Art. 37: Juridical Capacity and JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in every
Capacity to Act. 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 a deaf- * Both men and women are
capacity to act mute, prodigality, and civil interdiction are mere restrictions on the capacity to act. – Do qualified from all acts of civil
not exempt the person from certain obligations. life when they reach the age of
Art. 39: Modification or limit Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, majority (18 years old)
capacity to act penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship.
NATURAL PERSONS
Art. 40: Commencement of Civil - Birth determines personality but the conceived child shall be considered born -For purposes of inheritance
personality for all purposes that are favorable to it. Provided that the conceived child is later and succession, a child
born with the conditions in Art. 41. conceived at the time of death
Art. 41: conditions to determine - The fetus is considered born if it is alive from the time it was completely of the decedent can s
when the child is considered delivered from the mother’s womb. BUT if the fetus was alive in the womb for
conceived. 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.
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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.
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- 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.
Art. 43: Doubt between the death - Applies to persons who are called to succeed each other like mother and child.
of two or more persons (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 persons JURIDICAL PERSON: Being of legal existence susceptible of rights and 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 treaties and
persons contracts.
- The state cannot be sued without its consent (implied or expressed)
Art. 46: Rights and obligations of 2. Political subdivisions: municipal corporations that consist of provinces, cities
juridical persons 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 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 and
corporations 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
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Art. 48: Who are citizens Citizens of the Philippines: Jus Sanguinis: Refers to citizenship
of the Philippines 1. Those who are citizens at the time of the adoption of the Philippine Constitution. by blood. This is the concept
2. Those born in the Philippines, before the adoption of the said constitution, with followed in the Philippines.
Art. 49: Naturalization foreign parents who have been elected to public office in the Philippines. Jus Soli: Refers to citizenship on the
and reacquisition of loss 3. Those whose Fathers are Filipino basis of the place of birth
citizenship 4. Those whose mothers are Filipino and elect Philippine Citizenship when they reach
the age of majority. Acquisition of Citizenship: for a
Art. 50: Domicile of 5. Those who are naturalized foreigner to be able to become a
natural persons DOMICILE: Fixed permanent resident, a place wherein, although one may be absent from, Philippine citizen, a proper petition
one still has the intention of returning and remaining for an unlimited time. There is only one shall be filed in the proper court.
domicile.
- A minor follows the domicile of his parents Ground for Reacquisition of
Change in Domicile: Citizenship:
1. An actual removal or an actual change or domicile 1.By naturalization
2. A bona fide intention of abandoning the former domicile and establishing a new one. 2.Repatriation of deserters of the
3. Act, which correspond with the purpose (physical presence in the area, move family Army, Navy or Air Corps. (Woman
in area, register as a voter in the area, etc.) who has lost her citizenship by
RESIDENCE: Indicates a place of abode whether permanent or temporary, not necessarily reason of marriage to an alien may
the domicile. There may be more than one residence. be repatriated after the termination
Art. 51: Domicile of - When the law creates or recognizes a juridical person but doesn’t fix the domicile it shall be of her marital status)
juridical person understood to be the place where it has legal representation 3.By direct act of congress
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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 union Nature of Marriage: *Marriage as a special contract
between a man and a woman entered into in accordance -Marriage is one of the “basic civil rights of man.” The freedom cannot be restricted by
with the law for the establishment of conjugal and family life. to marry has been recognized as a vital personal right towards discriminatory policies of private
It is the foundation of the family and an inviolable social the pursuit of man’s happiness. individuals or corporations.
institution whose nature, consequences, and incidents are -Still considered as a special civil contract regulated by law
governed by law and not subject to stipulation, except that due to the high state interest in protecting and safeguarding MAIL-ORDER BRIDE:
marriage settlements may fix the property relations during the family. considered as a criminal offense
the marriage within the limits provided by the code. -A contract to marry, unlike other contracts, cannot be modified because marriage is vested with
or changed. Once it is executed a relation is formed between public interest. (Connected with
the parties that cannot be altered. The law steps in to hold or the Anti-Trafficking Act)
bind the parties together. Acts punished:
-A subsequent marriage between the rapist and raped victim 1. Carry on such a business
extinguishes the criminal action or penalty of the rapist. In 2. To advertise the promotion of
case of marital rape2 such acts.
3. Solicit or attract or any Filipino
Marriage Status: Marriage creates a social status, which the woman to become a member in a
state is interested in protecting. It is a case where a double club that matches women for
status is created, involves and affects two persons. marriage to foreign nationals for
a fee.
Marriage in International Law: men and women of full age 4. Use the postal service to
without any limitation due to race, nationality or religion have promote the prohibited acts.
the right to marry and found a family.
1. Universal Declaration of Human Rights VALIDITY OF MARRIAGE:
2. International Covenant on Economic, Social and Cultural governed by the law effective at
Rights the time of the celebration of the
3. International Covenant on Civil and Political Rights. marriage.
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
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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.
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mean that legislature cannot enact a law allowing absolute

divorce. Marriage is subject to the control of the legislature but
it must not contravene mandates of Constitution.
Property Relations: Only property relations may be fixed and

arranged in a marriage settlement prior to the marriage
ceremony. However it must still follow the mandatory
provisions of the Family Code.
Art 2: No marriage shall be valid unless these essential LEGAL CAPACITY: Marrying age is 18 years old and above, Sex change: has not been shown
requisites are present: thus if one of the contracting parties is below 18 years of age, that sex reassignment surgery
1. Legal capacity of the contracting parties who must the marriage is void. would allow one to produce
be a male and female. - They cannot be related to each other as provided by human beings.
2. Consent freely given in the presence of the Art. 37 and Art. 38 (incestuous marriages and those
solemnizing officer against public policy). Thoughts to ponder: Marriage
- There should be no previous valid subsisting should not to be enjoyed only by
marriage; otherwise the subsequent marriage will be heterosexual couples. The right
bigamous. to marry, found a family, identity,
DIFFERENT SEX: There should be a male and a female. personality are all rights of
Marriage is desirable due to the importance of procreation human beings.
which is one of the reasons why same sex marriages are
prohibited (due to the impossibility of reproduction) *Parties must be personally
present, proxy marriages are
CONSENT: prohibited in the Philippines.
1. Must be freely given
2. Made in the presence of the solemnizing officer
- Absence of consent makes the marriage void.
However if there is consent but such was obtained
through force, fraud, undue influence, etc then it is
only voidable.
Art. 3: The formal requisites of marriage are: AUTHORITY OF THE SOLEMIZING OFFICER: *Presumption leans towards the
1. Authority of the solemnizing officer - Those enumerated in Article 7, he must have the legality of the marriage thus the
2. A valid marriage license except in the cases authority. Thus a priest who has not renewed his authority of the officer is
provided for in Chapter 2 of this title license to marry does not have the authority and presumed absence the showing
3. A marriage ceremony which takes place with the cannot be considered for marriage. any proof to the contrary.
appearance of the contracting parties before the - The Local Government Code (Jan. 1, 1992) provides
solemnizing officer and their personal declaration that a mayor of a city or municipality may now Merely Irregularities in marriage
that they take each other as husband and wife in solemnize marriages. license:
the presence of not less than 2 witnesses of legal 1. Marriage license was
age. made in a different place
Chapter 2 Title 1 of Family Code: exempt from license other than their
Art. 4: The absence of any of the essential or formal 1. Article 27: Both parties are in articulo mortis marriage residence.
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requisites shall render the marriage void ab initio, except as will be valid even if the ailing party survives. 2. Name stated therein is
stated in Article 35 (2) (when one of the contracting parties 2. Article 28: Residence is in a remote place different or misspelled
believed in good faith that the solemnizing officer had  In both cases the solemnizing officer must state in an 3. Misrepresentation of
authority then the marriage is valid) affidavit that the marriage was performed as such age (but has to be
and that he took necessary steps to ascertain the emancipated—18 years
A defect in any of the essential requisites shall render the ages and that there were no legal impediments to the and above)
marriage voidable as provided in Article 45. marriage. 4. Non-disclosure of prior
3. Article 33: Marriages among Muslims or ethnic marriage and divorce
An irregularity in the formal requisites shall not affect the cultural communities, as long as performed in 5. Falsely stated that he or
validity of the marriage but the party or parties responsible accordance with their customs, rites, practices. she had not been
for the irregularity shall be civilly, criminally and 4. Article 34: Cohabitation by the couple for 5 years previously married.
administratively liable. * Muslims are governed by Code of Muslim personal laws of 6. Falsely swore that he or
the Philippines and not the Family code but the other ethnic she is not under
Art. 5: Any male or female of the age of eighteen years or groups must comply with the other requisites as they are guardianship.
upwards not under any of the impediments mentioned in governed by the Family code.
Articles 37 and 38 (incestuous marriages and those against 5. Article 34: Cohabitation between man and woman for * If the couple have a valid
public policy.) may contract marriage. at least 5 years with no legal impediment at time of marriage license but forgot to
marriage. bring it then marriage will be valid
Art. 6: No prescribed form or religious rite for the (but if they don’t have one and
solemnization of the marriage is required. It shall be VALID MARRIAGE LICENSE: procured one after the marriage
necessary, however, for the contracting parties to appear - Lasts for 120 days from the date of issue and effective within ceremony the marriage will be
personally before the solemnizing officer and declare in the any part of the Philippines only. void)
presence of not less than two witnesses of legal age that
they take each other as husband and wife. This declaration MARRIAGE CEREMONY: * Common law marriages, which
shall be contained in the marriage certificate which shall be - Family code only recognizes ceremonial marriages but there are non-ceremonial, are not
signed by the contracting parties and their witnesses and is no prescribed form of marriage ceremony. recognized in the Philippines.
attested by the solemnizing officer. - The minimum requirement is that the parties personally
appear before the solemnizing officer and declare that they
In case of marriage in articulo mortis, when the party is at take each other in the presence of at least 2 witness of legal
the point of death is unable to sign the marriage certificate, it age.
shall be sufficient for one of the witnesses to the marriage to * Declaration does not have to be vocally expressed may be
write the name of said party, which fact shall be attested by inferred by the words used, the manner the ceremony was
the solemnizing officer. 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
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the marriage.
Art. 7: Marriage may be solemnized by: - There is a need to limit the persons who can * Stopovers during a flight or
1. Any incumbent member of the judiciary within the solemnize marriages since marriage is an important voyage are still considered part
court’s jurisdiction institution the state wants to safeguard and protect. of the journey.
2. Any priest, rabbi, imam, or minister of any church - Because the state is interested in marriage, it
or religious sect duly authorized by his church or becomes a party thereto by manifested in the consent *If the host country allows
religious sect and registered within the civil required and granted to limited number of officers. marriages to be solemnized by
registrar general, acting within the limits of the JUDGES: they can only solemnize marriages within their consuls then even if between a
written authority granted him by his church or jurisdiction and they must be incumbent. Filipino and non-Filipino, the
religious sect and provided that at least one of the Court of Tax Appeals, Sandiganbayan, Court of Appeals, marriage will still be valid in
contracting parties belongs to the solemnizing Supreme Court: National jurisdiction accordance with Art. 26, which
officers church or religious sect  Absence of jurisdiction would mean the absence of recognizes international comity.
3. Any ship captain or airplane chief in cases the authority of the solemnizing officer and thus the
mentioned in Article 31 marriage will be null and void.
4. Any military commander of a unit to which a PRIEST/MINISTER OF A CHURCH OR RELIGIOUS SECT: he GOOD FAITH OF PARTIES: if
chaplain is assigned, in the absence of the latter, should be authorized by the church to do so, he must be the person who solemnized the
during a military operation, likewise only in the registered with the civil registry, and at least one of the marriage did not legally have the
cases mentioned in Article 32 or contracting parties belongs to his or her church. authority to solemnize a
5. Any consul-general, consul or vice consul in the SHIP CAPTIAN/PILOT: one of the parties must be at the point marriage, if both or one of the
case provided in Article 10. of death, the marriage must be between the passengers or contracting parties believed that
crewmembers, and the ship or plane must be at sea or in such a person did have the
flight. authority the marriage will be
 An assistant pilot has no authority to solemnize valid.
marriages even if the main pilot dies. Ex. A priest did not renew his
MILITARY COMMANDER: He or she should be a military license to marry therefore does
commander of a unit, he or she must be a commissioned not have the authority to marry. If
officer (his rank should start from second lieutenant), a one of the contracting parties
chaplain should have been assigned to the unit and such knew of this but the other did not
chaplain is absent, the contracting parties must also be in the marriage is still valid.
articulo mortis either members of the military operation or
civilians, must be within military zone (there should be HOWEVER, they must be one of
widespread military activity not merely practice). the people who can be
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: they can authorized if they are not the
only solemnize marriages abroad when both the contracting marriage will be void (ignorance
parties are Filipino. of the law excuses no one)
* They also perform the duties of a local civil registrar (like Ex. A couple goes to a janitor to
12
issuing the license etc.) get married. Even if both parties

* No matter where they are the solemnities and requirements are in good faith in thinking that a
mandated by Philippine Law shall be observed. janitor can solemnize a marriage
MAYOR: Pursuant to the Local Government Code, the mayor they should know who by law are
of a city or municipality can now solemnize marriages. authorized to.
* When the mayor cannot perform his duties, the acting mayor
has the authority to solemnize marriages.
Art. 8: The marriage shall be solemnized publicly in the - Not mandatory but directory in nature.
chambers of the judge or in open court in the church, chapel - Its non-compliance will not make the marriage void
or temple, or in the office of the consul-general, consul or but will only cause civil, criminal, or administrative
vice-consul, as the case may be, and not elsewhere, except liability.
in the cases of marriages contracted at the point of death or Exceptions to venue stated:
in remote places in accordance with Article 29 of this Code, 1. When the marriage is in articulo mortis
or where both of the parties request the solemnizing officer 2. When the marriage is in a remote place
in writing in which case the marriage may be solemnized at (transportation etc. is difficult to come by)
a house or place designated by them in a sworn statement 3. When requested by both parties in writing.
to that effect.
Art. 9: A marriage license shall be issued by the local civil - The marriage license should be procured from the civil
registrar of the city or municipality where either contracting registrar of the city or municipality where either of them
party habitually resides, except in marriages where no resides. However if they obtain it from another place it is
license is required in accordance with Chapter 2 of this Title. merely an irregularity and does not affect the validity of the
marriage.
Art. 10: Marriages between Filipino citizens abroad may be - The consular officials absorb the duties of the local
solemnized by a consul-general, consul or vice consul of the civil registrar and the solemnizing officer when
Republic of the Philippines. Filipinos wish to be married abroad.
The issuance of the marriage license and the duties of the - The ceremony and requirements should be in
local civil registrar and of the solemnizing officer with regard accordance with Philippine law.
to the celebration of marriage shall be performed by said
consular official.
Art. 11: Where a marriage license is required, each of the - Stating all relevant facts needed in order to determine
contracting parties shall file separately a sworn application legal capacity to marry and the eligibility of the
for such license with the proper local civil registrar which parties.
shall specify the following: - Main purpose is to discourage deception, and relieve
1. Full name of the contracting parties from doubt the status of parties who live together.
2. Place of birth - Provides evidence of the status and legitimacy of
3. Age and date of birth offspring.
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4. Civil Status MARRIAGE APPLICATION: the civil registrar has to process

5. If previously married, how, when and where the and issue a marriage license. Even if the civil registrar knows
previous marriage was dissolved or annulled of a legal impediment he cannot discontinue unless stopped
6. Present residence and citizenship by the court. (This is to prevent bribery and abuse by the civil
7. Degree of relationship of the contracting parties registrar)
8. Full name, residence and citizenship of the father
9. Full name, residence and citizenship of the mother
10. Full name, residence and citizenship of the
guardian or person having charge, in case the
contracting parties has neither father nor mother
and is under the age of twenty one years.
The applicants, their parents or guardians shall not be
required to exhibit their residence certificate in any formality
in connection with the securing of the marriage license.
Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates - Emancipation is obtained at 18;
or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents duly attested by the marriage no longer emancipates
persons having custody of the originals. These certificates or certified copies of the documents by this Article need not be a child because they must be 18
sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the years of age to marry.
certificate shall be sufficient proof of its authenticity.
- Contracting parties 18 years old
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of and above but BELOW 21 years
the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or of age must obtain the consent of
baptismal certificate has not yet been received though the same has been required of the person having custody thereof at their father, mother, surviving
least fifteen days prior to the date of the application, such party may furnish in lieu thereof his current residence certificate or parent, or guardian in the order
an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer mentioned. (Non-compliance
oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full name, makes the marriage annullable)
residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such
party. The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good
reputation in the province or the locality.
The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in
the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing
before him, be convinced that either or both of them have the required age.
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
14
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 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 or guardian - Absence of parental advice
for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not does not affect the marriage.
be issued till after three months following the completion of the publication of the application therefore. A sworn statement by - Only delays the issuance of the
the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be marriage license for 3 months but
attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be after 3 months the license must
stated in the sworn statement. be issued.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to
the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize
marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect
that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling
shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the
application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative
sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the
counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice, which - It is the duty of the civil registrar to post a notice informing -
shall contain the full names and residences of the applicants the public of the impending marriage. The purpose of which is
for a marriage license and other data given in the so that persons having knowledge of any impediment to the
applications. The notice shall be posted for ten consecutive marriage can inform the local civil registrar.
days on a bulletin board outside the office of the local civil - It is to be posted for 10 consecutive days on a bulletin board
registrar located in a conspicuous place within the building outside the office
and accessible to the general public. This notice shall request - The civil registrar shall be issued after the period of
all persons having knowledge of any impediment to the publication.
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 civil - If an impediment is made known to the civil registrar he EXCEPTIONS:
registrar or brought to his attention, he shall note down the shall merely note it down but he must nonetheless issue the 1. The courts direct civil
15
particulars thereof and his findings thereon in the application license. This is because the impediments may not be valid at registry to refuse giving
for marriage license, but shall nonetheless issue said license all. out the license
after the completion of the period of publication, unless 2. When the required
ordered otherwise by a competent court at his own instance - The purpose of which is to prevent graft and corruption on certificate of legal
or that of any interest party. No filing fee shall be charged for the part of the civil registry. capacity of foreigners is
the petition nor a corresponding bond required for the not given (Art. 21)
issuances of the order. - If the marriage license was issued despite court
intervention, the marriage will still be valid but the parties
Art. 19. The local civil registrar shall require the payment of responsible may be criminally or administratively liable.
the fees prescribed by law or regulations before the issuance
of the marriage license. No other sum shall be collected in
the nature of a fee or tax of any kind for the issuance of said
license. It shall, however, be issued free of charge to indigent
parties, that is those who have no visible means of income or
whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the local
civil registrar.
Art. 20: The license shall be valid in any part of the - The marriage license is only valid within the
Philippines for a period of one hundred twenty days from the Philippines and not abroad.
date of issue, and shall be deemed automatically canceled at - It is good for 120 days from the date of issue.
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 are - A certificate of legal capacity is meant to show that a * The civil registry cannot issue a
citizens of a foreign country, it shall be necessary for them foreigner is capacitated to marry in his or her license without the certificate of
before a marriage license can be obtained, to submit a country. The Philippines adheres to the national law legal capacity however if the civil
certificate of legal capacity to contract marriage, issued by of the contracting parties with respect to their legal registry does issue the marriage
their respective diplomatic or consular officials. capacity to contract marriage. will still be valid.
Stateless persons or refugees from other countries shall, in Ex. In the US 16 years old is the age when one can contract
lieu of the certificate of legal capacity herein required, submit marriage. A 16-year-old US citizen may contract marriage in
an affidavit stating the circumstances showing such capacity the Philippines provided that he gives a certificate from his
to contract marriage. embassy stating that 16 years old is the legal age to marry.
- If both are citizens of a foreign country and they are married
in their embassy there is no need to follow the requirement of
marriage in the Philippines, only those of their country.
-If one is a foreigner and one is a Filipino even if they marry
in the consul of the foreigner the certificate of legal capacity
and a marriage license is still necessary.
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also *Presumption is always in the
state: validity of marriage.
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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 Chapter certificate
2 of this Title 2. Photocopies of the
5. That either or both of the contracting parties have secured the parental consent in appropriate cases certificate or contract
6. That either or both of the contracting parties have complied with the legal requirement regarding parental from the local civil
advice in appropriate cases and registry
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof. 3. Family bible
4. Baptismal, birth
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the certificates of kids
marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen 5. Judicial decisions
days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be 6. Testimonies of parties,
issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing witness, solemnizing
officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original officers
of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage 7. Cohabitation and
in place other than those mentioned in Article 8. conduct
8. Statement in a will
* A certificate of marriage made
years after the marriage is
inadmissible as evidence.
Art. 24: It shall be the duty of the local civil registrar to - The local civil registrar is the government official charged
prepare the documents required by this Title, and to with the preparation and the keeping of all the official
administer oaths to all interested parties without any charge documents.
in both cases. The documents and affidavits filed in
connection with applications for marriage licenses shall be
exempt from documentary stamp tax.
Art. 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry
book strictly in the order in which the same are received. He
shall record in said book the names of the applicants, the
date on which the marriage license was issued, and such
other data as may be necessary
Art. 26. All marriages solemnized outside the Philippines, in - Art. 26 refers to formal requisites only, however the EXCEPTIONS to international
accordance with the laws in force in the country where they marriage must still be solemnized. comity:
were solemnized, and valid there as such, shall also be valid - Marriages that are solemnized abroad and are -Either or both contracting parties
in this country, except those prohibited under Articles 35 (1), recognized as valid there will also be recognized as are Filipinos and below 18 years
17
(4), (5) and (6), 36, 37 and 38. (17a) valid here (international comity) of age
Ex. If in Vietnam a doctor is authorized to solemnize a -Polygamous and bigamous
Where a marriage between a Filipino citizen and a foreigner marriage and a Filipino couple gets married in Vietnam by a marriages recognized abroad will
is validly celebrated and a divorce is thereafter validly doctor such marriage will be considered valid in the not be valid here.
obtained abroad by the alien spouse capacitating him or her Philippines. -Marriage abroad where there is
to remarry, the Filipino spouse shall have capacity to remarry mistake of identity of the other
under Philippine law. PROOF OF FOREIGN MARRIAGE: necessary to prove the contracting party is not
foreign law and then prove the celebration of marriage. If the recognized here.
law of the other state is not pleaded nor proved the laws of -Marriage by a Filipino to one
the Philippines will be presumed to be similar to that of who is psychologically
foreign laws. incapacitated is not valid here
-Marriages that are incestuous
REMEMBER THE LAWS: are not valid here even if
ART. 15: laws relating to family rights and duties, or to the celebrated abroad and valid
status, conditions and legal capacity of persons are binding there. (Art. 37)
upon citizens of the Philippines even living abroad. -Marriages against public policy
are not valid here either (Art. 38)
ART. 17: prohibitive laws concerning persons, their acts or -Common law marriages are not
property and those which have for their object public order, recognized here, the marriage
public policy and good customs shall not be rendered must still be solemnized and not
ineffective by laws or judgments promulgated, or by contracted.
determinations or conventions agreed upon in a foreign -Same sex marriages between
country Filipinos are not valid even if
done abroad.
ABSOLUTE DIVORCE:
Absolute divorce is not recognized in the Philippines; even if * If a Filipino contracts a foreign
the couple was married abroad the divorce will not be marriage which is null and void
recognized here if one of them is a Filipino. The divorce may under the laws of the state where
be recognized in the foreign country where it was obtained it has been solemnized then such
but not in the Philippines. But the divorce of a foreign citizen marriage will likewise be null and
abroad is recognized in the Philippines as the Philippines void in the Philippines.
recognizes legal capacity of a foreign person.
*If a Filipino changes citizenship then he can get a *If a marriage celebrated abroad
divorce and if he reacquires his Filipino citizenship is invalid in that country but
after that the divorce will still hold. considered valid in the
- If a Filipina marries a foreigner and the foreigner Philippines, the marriage will still
obtains a divorce, the Filipina can marry. be invalid. The law where the
18
- If the Filipina obtains a divorce although not marriage has been solemnized
recognized in the Philippines, it will be recognized shall apply.
against the foreigner and thus the 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 are at - Solemnizing officers and the mayor are empowered
the point of death, the marriage may be solemnized without to solemnize marriages even without a marriage
necessity of a marriage license and shall remain valid even if license if either or both of the contracting parties are
the ailing party subsequently survives. at the point of death.
- Even if the ailing party survives after the marriage,
the marriage will still be valid.
Art. 28. If the residence of either party is so located that there - This envisions a situation wherein the residence of either
is no means of transportation to enable such party to appear party is so located that there is no means of transportation to
personally before the local civil registrar, the marriage may be enable such party to appear personally before the local civil
solemnized without necessity of a marriage license. registrar, the marriage may be solemnize without a marriage
license.
Art. 29: In the cases provided for in the two preceding - The solemnizing officers here are those authorized
articles, the solemnizing officer shall state in an affidavit to solemnize under Article 7 and the mayor provided
executed before the local civil registrar or any other person that they solemnize the marriage within their
legally authorized to administer oaths that the marriage was jurisdiction and within the authority given to them.
performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that
there is no means of transportation to enable such party to
appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and
relationship of the contracting parties and the absence of
legal impediment to the marriage.
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 passengers or - A pilot or ship captain may solemnize only marriages * If something happens to the
crew members may also be solemnized by a ship captain or at the point of death while the plane is in flight or the main or principal pilot the second
by an airplane pilot not only while the ship is at sea or the ship is at sea even during stopovers (it is still in command cannot solemnize
plane is in flight, but also during stopovers at ports of call. considered part of the flight/voyage). marriages. (They are not
- They can only solemnize marriages between their authorized to by law)
passengers and crew members
Art. 32: A military commander of a unit, who is a - The military commander must be a commissioned
19
commissioned officer, shall likewise have authority to officer (his/her rank should start from 2nd lieutenant,
solemnize marriages in articulo mortis between persons ensign and above)
within the zone of military operation, whether members of the - He should be a commander of a unit.
armed forces or civilians. - There should be a chaplain assigned to the unit
- The marriage should be at the point of death and in
the absence of the chaplain assigned
- 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 of the - Marriages between parties that belong to ethnic
ethnic cultural communities may be performed validly without groups, pagans or Muslims are exempt only from
the necessity of marriage license, provided they are procuring a marriage license. The marriage must still
solemnized in accordance with their customs, rites or be solemnized in accordance with their customs,
practices. 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 of a - Persons cohabiting for at least 5 years living *The solemnizing officer shall
man and a woman who have lived together as husband and together as husband and wife are exempt from also state under oath that he
wife for at least five years and without any legal impediment obtaining a marriage license. ascertained the qualifications of
to marry each other. The contracting parties shall state the - At the time of marriage, they should be without any the parties and that he found no
foregoing facts in an affidavit before any person authorized legal impediment to marry each other. Thus during legal impediment. The fact that
by law to administer oaths. The solemnizing officer shall also the 5 year period, it is not necessary that there is no the officer to investigate shall not
state under oath that he ascertained the qualifications of the legal impediment it is only necessary at the time of invalidate the marriage.
contracting parties are found no legal impediment to the marriage that there is none.
marriage. - The parties shall state the fact of their cohabitation
and the absence of any legal impediment to marry in
an affidavit under oath.
Matters that don’t affect the validity of the marriage:
Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.
Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.
When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after
Article 34:
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).
20
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. There can
(1) Those contracted by any party below eighteen years of be no other void marriage except those provided by law.
age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized Void Marriage Voidable
to perform marriages unless such marriages were Can’t be a source of rights Can be source of rights
contracted with either or both parties believing in good faith Can’t be ratified Ratified by prescription or
that the solemnizing officer had the legal authority to do so; cohabitation
(3) Those solemnized without license, except those covered Can be attacked collaterally. Can only be attacked directly
the preceding Chapter; Can be questioned after death of Only assailed during lifetime of
(4) Those bigamous or polygamous marriages not failing parties parties
under Article 41; Action for nullity has no Action prescribes
(5) Those contracted through mistake of one contracting prescription
party as to the identity of the other; and - Estoppel or acquiescence does not apply to remedy the infirmity of a void marriage. Thus
(6) Those subsequent marriages that are void under Article if one of the parties stated under oath that they were 25 when they were actually 16 the
53. marriage is void despite the oath.
- 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.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had such
authority. The good faith of the party is what is referred to not the solemnizing officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be one of the
21
people in Article 7 thus if a couple is married by a janitor, them believing that a janitor can celebrate
a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
- That mentioned in Article 41 regarding appearance of a spouse after a declaration of
presumptive death.
- Those provided for under the Muslim code.
- When the first marriage was actually void with a judicial declaration of nullity. Without
judicial declaration of nullity then 2nd marriage will be void under Article 40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the marriage. Here
the contracting party absolutely did not intend to marry the other, as the same is not the person he
or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must undertake
the liquidation, partition and distribution of their properties, delivery of presumptive legitimes, etc. to
be able to remarry.
Art. 36: A marriage contracted by any party who, at the time Psychological incapacity to comply with the essential marital P.I. Insanity
of the celebration, was psychologically incapacitated to obligation of marriage at the time of marriage, even if it Cannot be Can be cured
comply with the essential marital obligations of marriage, becomes manifest after the solemnization of the marriage. cured
shall likewise be void even if such incapacity becomes - Not defined and thus left on a court-to-court basis. A No consent Consent can
manifest only after its solemnization. person may actually be efficient in doing other present since be given
things such as his profession but with regards to his he does not during lucid
married life it can be different. know the true interval
- Not just stubborn refusal but attributed to meaning of
psychological causes (not necessarily insane) marriage
- Lacking in the exercise of the judgment not lack of
judgment PROOF to show P.I.:
- True inability to commit oneself to the essentials of 1. Observe of duties (living
marriage – psychosexual disorders or other together, etc.)
personality disorders 2. Procreation
- Inability to commit to the essentials of marriage – 3. Obligation of parents to
procreation, education of offspring, community of life children.
and love 4. Senseless and protracted
refusal to have
Must be characterized by: intercourse
1. Gravity- grave or serious 5. Unreasonable attachment
2. Juridical antecedence – rooted in history of the party to ones other family or
22
and may manifest after the marriage. barkada

3. Incurability 6. Transvestism
7. Indulgence of private
Jurisprudential Guidelines (CA v. Molina): fantasy
1. Burden of proof to show the nullity of marriage 8. Alcohol/substance 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
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 incestuous and Reasons to Condemn Incestuous Marriages: * The relationship being legitimate
void from the beginning, whether relationship between the 1. Abhorrent to nature or illegitimate is immaterial
parties be legitimate or illegitimate: 2. Brings about confusion of rights and duties
(1) Between ascendants and descendants of any degree; 3. Deficient and degenerate offspring
and 4. Control sex rivalries within families
(2) Between brothers and sisters, whether of the full or half 5. To guide one towards the creation of new nuclear
blood. family
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 public policy)
beginning for reasons of public policy COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a lesser
(1) Between collateral blood relatives whether degree.
legitimate or illegitimate, up to the fourth civil COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not provide that
degree; marriages between collateral blood relatives by the half-blood are prohibited.
(2) Between step-parents and step-children; Case Law: In Re: Simms Estate
(3) Between parents-in-law and children-in-law; - Because of specification in brothers and sisters and no specification with uncles and
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.
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(4) Between the adopting parent and the adopted nieces, marriage between uncles and nieces are not prohibited
child; - Unlike ruling in Audley where it deemed it was unnecessary
(5) Between the surviving spouse of the adopting - Marriage between uncles and nieces who are half-blood is valid due to the presumption in
parent and the adopted child; favor of marriage.
(6) Between the surviving spouse of the adopted child RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity prohibited
and the adopter; in the Family Code are marriages between stepparents and stepchildren and parents-in-law and
(7) Between an adopted child and a legitimate child of children-in-law. (May destroy the peacefulness in family relations)
the adopter;  Stepbrother and stepsister can marry each other since not included in the
(8) Between adopted children of the same adopter; prohibition.
(9) Between parties where one, with the intention to *In the event that the marriage is annulled or nullified or in the event that the marriage is terminated
marry the other, killed that other person's spouse, or by death affinity is terminated and thus those that were prohibited due to affinity can now marry
his or her own spouse. 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
The surviving spouse of the adopted The surviving spouse of adopter
(Envisions that the marriage was terminated (Envisions that the marriage was terminated
due to death. But if the marriage was due to death. But if the marriage was
terminated after the finality of a nullity or terminated after the finality of a nullity or
annulment decree then they can get married) annulment decree then they can get married)
Legitimate children of adopter
Other adopted children of the adopter
Who can they marry:

Adopter Adopted
Children of adopted Parents of adopter
Natural parent Illegitimate child of the adopter
Other relatives Other relatives
Spouse of adopted if alive and not married to Spouse of adopter if alive and not married to
adopted 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.
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Art. 39: The action or defense for the declaration of - Time to file an action for declaration of nullity of a
absolute nullity of a marriage shall not prescribe 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 may be - A judicial declaration of marriage is the only * The subsequent marriage is not
invoked for purposes of remarriage on the basis solely of a acceptable proof so that a party can contract a considered bigamous since the
final judgment declaring such previous marriage void. subsequent valid marriage. Without it the first marriage is not valid. In a
subsequent marriage will be considered void. bigamous marriage the first
In relation to: - In connection with it, Articles 52 and 53 which has to subsisting marriage is valid.
Art. 52: The judgment of annulment or of absolute nullity of do with the liquidation, partition and distribution of Bigamy envisions 2 valid
the marriage, the partition and distribution of the properties the properties without which the marriage will marriages. If the first or the second
of the spouses and the delivery of the children's likewise be void. marriage is void then there can be
presumptive legitimes shall be recorded in the appropriate no bigamy.
civil registry and registries of property; otherwise, the same BIGAMY: Committed by any person who shall contract a
shall not affect third persons. second or subsequent marriage before the former marriage
Art. 53: Either of the former spouses may marry again after has been legally dissolved or before the absent spouse has
compliance with the requirements of the immediately been declared presumptively dead by judgment.
preceding Article; otherwise, the subsequent marriage shall - Marriage becomes void not because of bigamy but because
be null and void. of certain impositions in law that must be done before
contacting a second marriage.
*Without article 40 one cannot perform Article 52.

Art. 41: A marriage contracted by any person during - A declaration of presumptive death is needed for the Exception: Prior spouse has been
subsistence of a previous marriage shall be null and void, absentee in order to contact a new marriage. absent for 4 consecutive years
unless before the celebration of the subsequent marriage, Article 42: The subsequent marriage made will become void and there is a well founded belief
the prior spouse had been absent for four consecutive years with the recording of the affidavit of reappearance of the (must exercise due diligence to
and the spouse present has a well-founded belief that the subsequent spouse. Such notice will be filed in the civil ascertain whereabouts or if she is
absent spouse was already dead. In case of disappearance registry of the residence of the parties in subsequent dead or alive) that absent spouse
where there is danger of death under the circumstances set marriage, and give them due notice- ONLY CASE WHERE is dead (2 years will suffice if there
forth in the provisions of Article 391 of the Civil Code, an MARRIAGE IS TERMINATED EXTRAJUDICIALLY. Any was danger of death)
absence of only two years shall be sufficient. interested party can file for the affidavit of reappearance.
For the purpose of contracting the subsequent marriage Exception to 42: if the affidavit is fraudulent then it is
under the preceding paragraph the spouse present must ineffectual.
institute a summary proceeding as provided in this Code for
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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 marriages. *Donation made between persons
referred to in the preceding Article shall produce the STATUS OF CHILDREN: Children conceived during the who are guilty of adultery or
following effects subsequent marriage contemplated in Art. 41 are legitimate concubinage at the time of the
(1) The children of the subsequent marriage conceived even if one of the contracting parties is in bad faith. donation is void.
prior to its termination shall be considered legitimate; EFFECT OF TERMINATION ON THE PROPERTY REGIME:
(2) The absolute community of property or the conjugal The property regime shall be dissolved and liquidated. After
partnership, as the case may be, shall be dissolved and the payment of all debts, the spouses shall divide the net
liquidated, but if either spouse contracted said marriage in profits of the property equally or in accordance with the
bad faith, his or her share of the net profits of the community stipulated sharing. If a spouse acted in bad faith, the guilty
property or conjugal partnership property shall be forfeited in spouse shall not get his share in the net profits (his/her share
favor of the common children or, if there are none, the will be forfeited in favor of the common children, if none the
children of the guilty spouse by a previous marriage or in children of the guilty spouse by a previous marriage, if none
default of children, the innocent spouse; to the innocent spouse.)
(3) Donations by reason of marriage shall remain valid, DONATIONS BY REASON OF MARRIAGE: If both parties
except that if the donee contracted the marriage in bad faith, are in good faith, the donation shall be valid. If the donee
such donations made to said donee are revoked by acted in bad faith in contracting the marriage, the donation by
operation of law; reason of marriage is terminated by operation of law. If both
(4) The innocent spouse may revoke the designation of are in bad faith neither can recover what they have given.
the other spouse who acted in bad faith as beneficiary in DESIGNATION AS BENEFICIARY IN INSURANCE POLICY:
any insurance policy, even if such designation be stipulated The innocent spouse has the choice of revoking the
as irrevocable; and beneficiary in an insurance policy even if the policy is
(5) The spouse who contracted the subsequent marriage irrevocable. (Should inform the insurance company)
in bad faith shall be disqualified to inherit from the innocent DISQUALIFICATION AS TO INHERITANCE: The spouse
spouse by testate and intestate succession. 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 acted in - The marriage shall be considered void only if both
bad faith, said marriage shall be void ab initio and all spouses in the subsequent marriage are in bad
donations by reason of marriage and testamentary faith.
dispositions made by one in favor of the other are revoked - The good faith of the spouse must be present up to
by operation of law. 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:
Article 45: Must exist at the time of marriage - The parents of the child can annul the marriage at Party to file suit: Parent or guardian before the child
1. That the party in whose behalf it is sought to any time prior to the time the child reaches the age reaches 21 and the party who did not obtain consent
26
have the marriage annulled was eighteen years of of 21. within 5 years after reaching 21.
age or over but below twenty-one, and the marriage
was solemnized without the consent of the parents, Ratification: Through cohabitation after reaching the
guardian or person having substitute parental age of 21 years old.
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, unless - Must be clear that illness is serious that cannot * If the spouse knew that the spouse was insane
such party after coming to reason, freely cohabited understand marriage contract at the time of the prior to the celebration of the marriage she cannot
with the other as husband and wife marriage. annul the marriage.
Ratification: Through cohabitation by the person Party to file suit: Sane spouse without knowledge
with the unsound mind after he has come to reason before the death of either party, relative or guardian
*Once ratified the marriage will be valid and no of insane at any time before the death of either
longer annullable even if the insanity comes back. party, and insane spouse before the death of either
party.
3. That the consent of either party was obtained by *No other misrepresentations will be acceptable to Exception to 46(2): If the woman was unchaste
fraud, unless such party afterwards, with full constitute fraud to annul a marriage. and the man knew of her unchaste character.
knowledge of the facts constituting the fraud, freely PREVIOUS CONVICTION: No need for Exception to 46(2): If woman did not inform the
cohabited with the other as husband and wife investigation on the part of the party but there must man but pregnancy was apparent.
be a final judgment.
Article 46: Fraud: existing at time of marriage CONCEALMENT OF PREGNANCY: Concealment Party to file suit: Injured party within 5 years after
1. Non-disclosure of previous conviction by must be done in bad faith. Thus, if the woman truly the discovery of fraud
final judgment of a crime involving moral believed she was not pregnant when she was the
turpitude. marriage cannot be annulled.
2. Concealment of the wife of the fact that - Misrepresentation that she was pregnant to
she was pregnant at the time of marriage induce the man to marry her when she was
by another man. in fact not pregnant is not considered for
3. Concealment of STD regardless of its annulment.
nature existing at the time of the 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 lesbianism enough.
existing at the time of the marriage. CONCEALMENT OF ADDICTIONS: No exact
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
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performing his/her marital duties. Mental fitness,

health, etc. Does not nurture a natural and
wholesome family,
Ratification: Cohabitation after the innocent spouse

has full knowledge of the facts constituting the fraud
4. That the consent of either party was obtained by - Violence here may be physical or moral. Party to file the suit: Injured party within 5 years
force, intimidation or undue influence, unless the - Intimidation is when there is a reasonable and from the time the force, intimidation or undue
same having disappeared or ceased, such party well-rounded fear of an imminent and grave evil influence disappeared or ceased.
thereafter freely cohabited with the other as upon his person or property.
husband and wife;
Ratification: Cohabitation after the cause of the
vitiated consent ceases.
5. That either party was physically incapable of - Permanent inability on the part of one of the Exception: Sterility is not considered impotency
consummating the marriage with the other, and spouses to perform the complete act of sexual because he can still engage in sexual coition.
such incapacity continues and appears to be intercourse (must be incurable). Organs for conception not necessary because there
incurable - Can originate from a psychological problem, which is still passion.
affects the physical.
- Must exist at the time of the marriage. Party to file the suit: Within 5 years after the
- May be caused both by husband and wife. marriage ceremony
NO RATIFICATION by cohabitation
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 sexually- No ratification by cohabitation

transmissible disease found to be serious and
appears to be incurable
Art. 48: In all cases of annulment or declaration of - The state will ensure the prevention of
absolute nullity of marriage, the Court shall order collusion between the parties (who may
the prosecuting attorney or fiscal assigned to it to make up a ground to annul the marriage)
appear on behalf of the State to take steps to and to ensure that the evidence is not
prevent collusion between the parties and to take fabricated
care that evidence is not fabricated or suppressed - No judgment shall be based on a
In the cases referred to in the preceding paragraph, confession and a stipulation of facts only.
no judgment shall be based upon a stipulation of
facts or confession of judgment
Art. 49: During the pendency of the action and in - While trial is on going the support of the * In nullity cases, if the marriage is deemed to be
the absence of adequate provisions in a written spouses and custody of the children shall void then the one who got support should return it
agreement between the spouses, the Court shall be governed by whatever agreement the with legal interest to the person who furnished
28
provide for the support of the spouses and the parties have made. If none then they shall support since such person was not entitled to the
custody and support of their common children. The be supported from the absolute community support there being no marriage.
Court shall give paramount consideration to the of property or conjugal partnership of
moral and material welfare of said children and their gains.
choice of the parent with whom they wish to remain - The court may however make the
as provided to in Title IX. It shall also provide for necessary adjustments in case the
appropriate visitation rights of the other parent. agreement is inadequate.
Art. 50: The effects provided for by paragraphs (2), Article 43: effects of termination of subsequent *The judgment and decree of nullity or annulment
(3), (4) and (5) of Article 43 and by Article 44 shall marriage (liquidation, disposition, donation, will become final upon the expiration of 15 days
also apply in the proper cases to marriages which insurance, inheritance) from the receipt of the parties of the decision. (Thus
are declared ab initio or annulled by final judgment Article 44: Both spouses of the subsequent any marriage prior to the 15 days may be
under Articles 40 and 45. marriage are in bad faith the marriage shall be void considered bigamous since the marriage is still
The final judgment in such cases shall provide for Article 40: Final judgment declaring a marriage was subsisting at that time.)
the liquidation, partition and distribution of the void for a subsequent marriage.
properties of the spouses, the custody and support
of the common children, and the delivery of third - In all other cases of a void marriage the property
presumptive legitimes, unless such matters had regime will be governed by Art. 147 (wages and
been adjudicated in previous judicial proceedings. salaries owned by them in equal shares property
governed by co-ownership) Art. 148 (properties
All creditors of the spouses as well as of the acquired through joint contributions only and divided
absolute community or the conjugal partnership in proportion to their contributions)
shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on
which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and
129.
Art. 51: In said partition, the value of the Presumptive Legitime: Part of the property of the * The children or the guardian may seek the
presumptive legitimes of all common children, testator, which cannot be disposed of because the enforcement for the delivery of the presumptive
computed as of the date of the final judgment of the law has reserved it for certain compulsory heirs. The legitime.
trial court, shall be delivered in cash, property or decree of annulment or nullity of marriage provides
sound securities, unless the parties, by mutual for the delivery of the presumptive legitimes this is in
agreement judicially approved, had already order to protect the legitime of the children from
provided for such matters. subsequent marriage.
Ex. If A husband of B dies, their child C will inherit a
The children or their guardian or the trustee of their legitime from A’s properties. In this case there is no
property may ask for the enforcement of the death thus the legitime is presumed (what A’s
judgment. properties would be if he died at this time) and that
is what is given to C.
The delivery of the presumptive legitimes herein  In the event that the either or both parents
prescribed shall in no way prejudice the ultimate die later on the presumptive legitime given
successional rights of the children accruing upon is considered an advance on their legitime
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the death of either of both of the parents; but the and are just given the remaining balance
value of the properties already received under the due them.
decree of annulment or absolute nullity shall be  In void marriages other than that provided
considered as advances on their legitime. for in Art. 40, the presumptive legitime is
not delivered.
Art. 54: Children conceived or born before the - Generally, children conceived and born outside a * If the child is conceived prior to the marriage and
judgment of annulment or absolute nullity of the valid marriage or inside a void marriage are the marriage is terminated under Art. 36 or 53 child
marriage under Article 36 has become final and illegitimate except those coming from a marriage will be illegitimate (the subsequent void marriage
executory shall be considered legitimate. Children void due to psychological incapacity and those due even under these articles will not legitimate them)
conceived or born of the subsequent marriage to lack of judicial decree of nullity or liquidation or
under Article 53 shall likewise be legitimate. dissolution of 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 respondent’s child from a previous marriage.
Article 55: Happens after marriage ceremony Physical violence here is measured not by the * Does not include a ground for legal separation
1. Repeated physical violence or grossly abusive severity but by the frequency. However if it is not when the respondent-spouse inflicts violence on
conduct directed against the petitioner, a common repeated or is not physical violence it may be his/her own child from a previous marriage but may
child, or a child of the petitioner considered as grossly abusive conduct. cause to suspend or terminate parental authority.
Art. 231 (1): Parental authority can be suspended
Grossly abusive conduct need not be repeated but when the parent treats the child with excessive
more of a serious act: rely on proportionality and harshness or cruelty
abusive conduct to what was committed.
- 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 compel - There should be unity in the family and thus the *Enforce human rights through acceptance of the
the petitioner to change religious or political couple should learn to live with each other’s political other’s right
affiliation ideas.
3. Attempt of respondent to corrupt or induce the - The children here may or may not be * Other forms of corruption can fall under grave
petitioner, a common child, or a child of the emancipated. abuse of conduct
petitioner, to engage in prostitution, or connivance - The corrupt act here refers to prostitution only, a
in such corruption or inducement mere attempt is enough the respondent need not be
successful at the corruption or inducement.
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- There is no cause of action when the child

involved is that of the respondent from another
marriage.
4. Final judgment sentencing the respondent to - The crime need not be against the other spouse. It
imprisonment of more than six years, even if can be against anyone.
pardoned - The fact that the crime had been pardoned doesn’t
matter as long as there is a final judgment.
5. Drug addiction or habitual alcoholism of the - The extent and nature of such is the same, as
respondent those in annulment cases but such grounds may
exist even after the marriage ceremony unlike
annulment.
6. Lesbianism or homosexuality of respondent - Considered as a form of cruelty or mental anguish
- Must engage in homosexual acts
7. Respondent contracts a subsequent bigamous - Illegally contracting a marriage despite full *Whether the marriage was done in the Philippines
marriage knowledge that the first marriage still validly exists or abroad is immaterial.
or without obtaining a judicial declaration of
presumptive death.
8. Sexual infidelity or perversion - Other acts of sexual infidelity short of concubinage Exception: If the wife condones sexual perversion
and adultery are enough as long as they constitute with her husband then it cannot be a ground for
a clear betrayal of trust. legal separation.
- Sexual perversion can be done to ones own wife.
9. Attempt by the respondent against the life of the - Must come from an evil design or unlawful cause Exception: when it is for self-defense (or some
petitioner - No need for any criminal conviction, other justifiable reason)
preponderance of evidence is enough. (If there is a Exception: Spouse caught the other in flagrante
criminal conviction, the other spouse can be delicto
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 not
without justifiable cause for more than one year. returning. considered abandonment.
For purposes of this Article, the term "child" shall *There must be a wrongful intent to desert,
include a child by nature or by adoption continued for the statutory period.
Article 56: Denial of legal separation if they fall on the following grounds
1. Where the aggrieved party has condoned the offense or act - May be expressed or implied forgiveness Exception: if after the
complained of - Not looking for an erring wife after she commits an condonation the guilty spouse
offense does not mean forgiveness. repeats the offense then can still
file for legal separation.
2. Where the aggrieved party has consented to the commission of Either spouse agreed or did not object to the offense
the offense or act complained of BEFORE it was committed.
3. Where there is connivance between the parties in the - Where the spouses agree that one spouse will commit
commission of the offense or act constituting the ground for legal the offense to give grounds for legal separation.
31
separation - Where one of the parties employed a 3rd party to induce

the other spouse to commit the offense to give grounds.
- Corrupt consenting
4. Where both parties have given ground for legal separation - When two persons acted in bad faith, they should be
considered as having acted in good faith.
5. Where there is collusion between the parties to obtain decree - In collusion the couple makes it appear that there is a
of legal separation ground for legal separation but actually there is none.
- Corrupt agreement
- The act need not actually happen
6. Where the action is barred by prescription - An action for legal separation must be filed within 5 Art. 57: An action for legal
years from the occurrence of the cause. separation shall be filed within
- From the time the act occurred not the discovery of the five years from the time of the
cause of action. occurrence of the cause
Art. 58: An action for legal separation shall in no case be tried - The defendant is required to answer the petition 15 *Failure to observe the 6-month
before six months shall have elapsed since the filing of the days from the date of the receipt of the complaint. cooling off period is a ground to
petition However whether or not the defendant files an answer or set aside a decision granting
not there should be no hearing on the merits by the court legal separation.
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 Court has - The court must try to salvage the marriage by taking * However even if there is no trial
taken steps toward the reconciliation of the spouses and is fully steps towards reconciliation. the couple may choose not to live
satisfied, despite such efforts, that reconciliation is highly together. They cannot be forced
improbable. to live together.
Art. 60: No decree of legal separation shall be based upon a - If the defending party fails to answer he or she * If the case is vehemently
stipulation of facts or a confession of judgment. cannot be defaulted and the court shall order opposed and contested and it is
In any case, the Court shall order the prosecuting attorney or the prosecuting attorney to investigate whether clear that the litigation is a no-
fiscal assigned to it to take steps to prevent collusion between the there is collusion or not between the parties. holds barred contest and not
parties and to take care that the evidence is not fabricated or - Even if the party answers the fiscal is still collusion the non-intervention of
suppressed. mandated to make sure there is no collusion the prosecuting attorney is not
and that the evidence is genuine. fatal to the validity of the
proceedings.
Art. 61: After the filing of the petition for legal separation, the - In the absence of a written agreement between * Death of the plaintiff before the
spouses shall be entitled to live separately from each other the spouses, the court shall designate who shall final decree in an action for legal
The court, in the absence of a written agreement between the administer the properties (it can be a third separation terminates the case.
spouses, shall designate either of them or a third person to person).
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.
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Art. 62: During the pendency of the action for legal separation, Art. 49: During the pendency of the action and in the
the provisions of Article 49 shall likewise apply to the support of absence of a written agreement, the court will provide for
the spouses and the custody and support of the common children. the support and custody.
Art. 63: The decree of legal separation shall have the following - Though the spouses are entitled to live separately the * No children below 7 years old
effects: marriage bond shall not be severed. They are still shall be separated from the
1. The spouses shall be entitled to live separately from each married to each other. mother unless the court finds
other, but the marriage bonds shall not be severed; - The property shall be liquidated, the offending spouse compelling reasons to order
2. The absolute community or the conjugal partnership shall be shall have no share or right to the profits earned and otherwise (Tender Years
dissolved and liquidated but the offending spouse shall have no shall be forfeited in favor of the common children if none Doctrine)
right to any share of the net profits earned by the absolute the children of the guilty spouse if none then to the
community or the conjugal partnership, which shall be forfeited in innocent spouse.
accordance with the provisions of Article 43(2); - The innocent spouse shall generally have custody of
3. The custody of the minor children shall be awarded to the the children however the major consideration is always
innocent spouse, subject to the provisions of Article 213 of this the paramount interest of the children.
Code; and - The offending spouse shall be disqualified from
4. The offending spouse shall be disqualified from inheriting from inheriting form the innocent spouse by intestate
the innocent spouse by intestate succession. Moreover, succession furthermore provisions in favor of the
provisions in favor of the offending spouse made in the will of the offending spouse made in the will of the innocent spouse
innocent spouse shall be revoked by operation of law. shall be revoked by operation of law.
Art. 64: After the finality of the decree of legal separation, the - The law gives the option to innocent party
innocent spouse may revoke the donations made by him or by her whether to revoke or not the donation of the
in favor of the offending spouse, as well as the designation of the guilty party in an insurance.
latter as beneficiary in any insurance policy, even if such - The revocation must be made within 5 years
designation be stipulated as irrevocable. The revocation of the from the time the decree of legal separation has
donations shall be recorded in the registries of property in the become final.
places where the properties are located. Alienations, liens and * The revocation of or change in the designation of
encumbrances registered in good faith before the recording of the insurance beneficiary shall take effect after written
complaint for revocation in the registries of property shall be notification to the insurer not the insured since it makes
respected. The revocation of or change in the designation of the more sense however the law states notification should
insurance beneficiary shall take effect upon written notification be given to the insured thus that should be followed.
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 with terminated, if the decree has been issued then informed of the changes with
the court in the same proceeding for legal separation. 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 Articles - Generally the law provides that one can only fix
33
shall have the following consequences: the property regime before the marriage
1. The legal separation proceedings, if still pending, shall thereby celebration but the rules now set forth that the
be terminated at whatever stage; and adoption of another property regime can be
2. The final decree of legal separation shall be set aside, but the made aside from that which they had previously
separation of property and any forfeiture of the share of the guilty existing during their marriage.
spouse already effected shall subsist, unless the spouses agree EFFECT OF REVIVAL:
to revive their former property regime. 1. If creditors are notified they should file
The court's order containing the foregoing shall be recorded in the opposition on properties if they have debts that
proper civil registries. should be paid by either spouse.
Art. 67: The agreement to revive the former property regime 2. If creditors are notified but they don’t file they
referred to in the preceding Article shall be executed under oath cannot get from the properties that will be
and shall specify: placed in co-ownership in the revival.
1. The properties to be contributed anew to the restored regime 3. If creditors are not notified then they can collect
2. Those to be retained as separated properties of each spouse; from properties co-owned.
and 4. If creditors are not notified but there are
3. The names of all their known creditors, their addresses and the separate properties they can’t get from co-
amounts owing to each. owned properties.
The agreement of revival and the motion for its approval shall be
filed with the court in the same proceeding for legal separation,
with copies of both furnished to the creditors named therein. After
due hearing, the court shall, in its order, take measure to protect
the interest of creditors and such order shall be recorded in the
proper registries of properties.
The recording of the ordering in the registries of property shall not
prejudice any creditor not listed or not notified, unless the debtor-
spouse has sufficient separate properties to satisfy the creditor's
claim.
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 68: The husband and wife are obliged to live Reason: So couples wont abandon each other * Remedy if other spouse is not living with you: seek
together, observe mutual love, respect and fidelity, based on their whims and caprices relief from court so that you do not have to give him
and render mutual help and support. - Procreation is also an essential marital support.
obligation.  A husband can be liable for raping his wife
- A court cannot compel the spouses to live however the subsequent forgiveness by
together, observe mutual love, respect and the wife to the offended party shall
fidelity. extinguish the criminal action.
RAPE: BEFORE: Matrimonial exemption from rape
1. Committed by a man against a woman who shall 1. Man and woman become 1 so man cannot
have carnal knowledge of her through force, rape himself
intimidation or threat; when she is deprived of 2. Marriage contract means wife consents to
reason or consciousness, machinations or grave all and any sexual intercourse with
34
abuse of authority. husband.

2. Even if none of the circumstances are present if REBUT:
woman is below 12 or demented. 1. Woman has certain rights and liberties,
3. Any person who inserts any foreign object into which separate her from the man.
genital or anal orifice (rape can be committed 2. Absolute consent is not sound since
against a man) marriage itself is revocable.
4. Any person who inserts penis into oral or anal
orifice.
Art. 69: The husband and wife shall fix the family - The domicile of natural persons is the
domicile. In case of disagreement, the court shall place of their habitual residence, where
decide. parties intend to have their permanent
The court may exempt one spouse from living with residence.
the other if the latter should live abroad or there are - In case of disagreement between the
other valid and compelling reasons for the husband and the wife the court shall
exemption. However, such exemption shall not decide.
apply if the same is not compatible with the - The spouse not living in the domicile must
solidarity of the family. prove the intent of husband is for solidarity
of family.
Art. 70: The spouses are jointly responsible for the EXPENSES FOR SUPPORT AND OTHER
support of the family. The expenses for such CONJUGAL OBLIGATIONS:
support and other conjugal obligations shall be paid 1. From the community property
from the community property and, in the absence 2. In absence thereof income of fruits of the
thereof, from the income or fruits of their separate separate properties
properties. In case of insufficiency or absence of 3. If insufficient or absent from the separate
said income or fruits, such obligations shall be properties themselves.
satisfied from the separate properties.
Art. 71: The management of the household shall be - Shall be the right and duty of both spouses
the right and the duty of both spouses. The regardless of what the property regime is.
expenses for such management shall be paid in - In the event that one of the spouses
accordance with the provisions of Article 70. neglects his or her duties or commits acts
that endanger or dishonor the family the
Art. 72: When one of the spouses neglects his or aggrieved party may apply to the court for
her duties to the conjugal union or commits acts relief.
which tend to bring danger, dishonor or injury to the FORMS OF RELIEF:
other or to the family, the aggrieved party may apply 1. Legal separation
to the court for relief. 2. Psychological incapacity
3. Petition for receivership judicial, separation
of property to become sole administrator of
property.
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Art. 73: Either spouse may exercise any legitimate - Based on presumption, despite objection Exceptions: For the separate properties to be liable
profession, occupation, business or activity without (before or after) it will still go to family. the other spouse must have no knowledge of the
the consent of the other. The latter may object only - VAWC: If husband prevents you from doing immoral activity and therefore could not give an
on valid, serious, and moral grounds. a right then punishable by law. objection even if benefit accrues to the 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 the
1. The objection is proper; and - If it is an isolated activity—contract— creditor did not know of the immoral activity or
2. Benefit has occurred to the family prior to the without consent of other spouse, the thought it was to be used for a legitimate business,
objection or thereafter. If the benefit accrued prior to conjugal spouse can’t be liable creditor can collect from conjugal properties.
the objection, the resulting obligation shall be GENERAL RULE:
enforced against the separate property of the 1. Obligations incurred before or after the
spouse who has not obtained consent. marriage but redounding to the benefit of
The foregoing provisions shall not prejudice the the family shall be charged to the conjugal
rights of creditors who acted in good faith. properties
2. Spouse’s 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 husband Marriage Settlements: must be in writing signed by EFFECT OF NO MARRIAGE SETTLEMENT:
and wife shall be governed in the following order: the parties, and made prior to the celebration of the 1. If the mortgage was registered then the
1. By marriage settlements executed before the marriage if it is not in writing it shall be new spouse’s property will also be liable.
marriage; unenforceable. 2. If the mortgage was not registered the new
2. By the provisions of this Code; and - If there is no marriage settlement agreed spouse will not be liable but the mortgage
3. By the local custom. upon or if the same is void, then the will be impaired and the debtor spouse will
absolute community of property will prevail. loose the right to make use of the period.
EFFECT OF MARRIAGE SETTLEMENT:  Must give new securities so as not
1. Property in marriage settlement is to loose the period.
registered did not redound to family,
creditor can’t get from co-owned * If the marriage settlement does not particularize
2. If marriage settlement is not registered, any valid property regime such provision is void and
can get from co-owned thus the absolute community of property shall
3. If redounded to benefit of family can get prevail.
from co-owned even if not registered.
*Marriage settlement must be fair, they must
exercise good faith in contracting the marriage
36
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 marriage - If a marriage settlement is absent or property
settlements, agree upon the regime of absolute regime agreed upon is void, Absolute community of
community, conjugal partnership of gains, complete property will govern.
separation of property, or any other regime. In the
absence of a marriage settlement, or when the
regime agreed upon is void, the system of absolute
community of property as established in this Code
shall govern.
Article 76: Modifications in marriage settlement Art. 77: The marriage settlements and any Exception under Article 66 and 67: Revival or
must be made before the celebration of the modification thereof shall be in writing, signed by the adoption of new property regime when those legally
marriage. parties and executed before the celebration of the separated have reconciled.
marriage. They shall not prejudice third persons Exception under Article 128: in case of
unless they are registered in the local civil registry abandonment of a spouse other spouse can petition
where the marriage contract is recorded as well as for receivership or administration of properties or
in the proper registries of properties. judicial decree of separation of properties
(Oral marriage settlement is VOID) Exception under Article 135: Further grounds for
judicial separation of property
Exception under Article 136: voluntary and
verified petition in court of both spouses to modify
regime into separate community of property regime.
Art. 78: A minor who according to law may contract - Now a minor or a person below 18 years old
marriage may also execute his or her marriage cannot contract to a marriage. An 18-year-old
settlements, but they shall be valid only if the person deciding to get married can execute a
persons designated in Article 14 to give consent to marriage settlement without obtaining consent.
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 settlement - It is mandatory that a person with civil interdiction
executed by a person upon whom a sentence of must have a guardian appointed by the court to be
civil interdiction has been pronounced or who is involved in making the marriage settlement
subject to any other disability, it shall be CIVIL INTERDICTION: deprives the offender during
indispensable for the guardian appointed by a the sentence, rights in marriage, parental rights, and
competent court to be made a party thereto. administration of property.
Art. 80: In the absence of a contrary stipulation in a Extrinsic validity: The form of the contract has to
marriage settlement, the property relations of the follow whatever is the law in the country for changes
37
spouses shall be governed by Philippine laws, to be made (change title etc.)

regardless of the place of the celebration of the
marriage and their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines and
executed in the country where the property is
located; and
3.With respect to the extrinsic validity of contracts
entered into in the Philippines but affecting property
situated in a foreign country whose laws require
different formalities for its extrinsic validity.
Art. 81: Everything stipulated in the settlements or - The reason for the marriage settlement is the * Donations in marriage settlements are revoked by
contracts referred to in the preceding articles in marriage itself thus if it does not take place the operation of law.
consideration of a future marriage, including marriage settlement shall not be valid.
donations between the prospective spouses made - The provisions in a marriage settlement are
therein, shall be rendered void if the marriage does separable thus if there are provisions which are
not take place. However, stipulations that do not invalid then only the invalid provisions will be
depend upon the celebration of the marriages shall ineffectual while the rest will be enforced.
be valid.
VOID MARRIAGE SETTLEMENTS
ARTICLE 76 Those not written, signed and made before the
celebration
Article 76 Those that stipulate that neither local custom nor
absolute community of property will govern without
stipulating any other kind of property regime.
Article 80 Those made by a person upon who a sentence of Exception: unless a guardian appointed made by a
civil interdiction is given competent court is made party thereto
Article 81 Those stipulated in marriage settlement or contracts Exception: stipulations that don’t depend on the
made in consideration of marriage (donations) will celebration of the marriage shall remain valid.
be void if marriage does not take place
Effects on creditors
Marriage settlements - Only needs to be registered in order to bind third parties. If Exception to third party rule: If indebtedness benefited
registered, third parties cannot go after conjugal property to the family then can go after community of property.
No marriage settlements: Absolute If there is no marriage settlement: Exception to impairment of property: if debtor
community of property. 1. If property is registered then spouse is bound by immediately gives new property equally satisfactory or get
mortgage consent of X to the security or collateral already
2. If property is not registered then property is impaired established, then he does not loose period of loan.
and the debtor looses period of loan.
DONATIONS
38
Art. 82: Donations by reason of marriage are those, DONATIONS PROPTER NUPTIAS: Procedure--Movable:
which are made before its celebration, in 1. Donations are to be made prior to the celebration of 1. Accepted personally or representative
consideration of the same, and in favor of one or both marriage 2. Made in lifetime of donor and donee
of the future spouses. 2. Must be made in favor of 1 or both of the spouses. Can be 3. Can be orally given as long as with
made by a third party in the settlement. simultaneous delivery or document
Art. 83: These donations are governed by the rules Donation between spouses: representing right of donated (if above
on ordinary donations established in Title III of Book 1. A valid marriage settlement must stipulate another 5000 then must be in writing)
III of the Civil Code, insofar as they are not modified regime than Absolute Community of Property (ACP)
by the following articles. 2. Donation cannot be more than 1/5 of the present Procedure--Immovable:
property of the donee spouse. 1.must be in public document
Art. 84: If the future spouses agree upon a regime 3. Must be accepted and comply with other. 2. Acceptance made in that document or
other than the absolute community of property, they Exception: 1/5 rule will not apply if donation is in a separate separate
cannot donate to each other in their marriage deed, provided he has enough to support himself and those 3. Must be made in lifetime of donor.
settlements more than one-fifth of their present relying on him. DONATIONS EXCLUDED:
property. Any excess shall be considered void. 1. Made in favor of the spouses
after the celebration of the
Donations of future property shall be governed by the marriage
provisions on testamentary succession and the 2. Executed in favor of the future
formalities of wills. spouses but not in
consideration of marriage
3. Granted to persons other than
the spouses even though they
may be founded on the
marriage.
Article 85: Donations by reason of marriage of ENCUMBRANCE: Anything that impairs the use or transfer of
property subject to encumbrances shall be valid. In property (burdened)
case of foreclosure of the encumbrance and the - If the object of the donation is encumbered it is still valid but
property is sold for less than the total amount of the the donee’s rights are still subject to the encumbrance.
obligation secured, the donee shall not be liable for IN CASE OF ENCUMBRANCE OF PROPERTY:
the deficiency. If the property is sold for more than the 1. Donee wont be liable for insufficiency of property to creditor.
total amount of said obligation, the donee shall be The donor will still be liable for that.
entitled to the excess. 2. Donee can keep excess if property more than satisfies the
debt.
3. Donee cannot ask for reimbursement from donor if
mortgage is foreclosed.
- But wont be liable for deficiency, and gets the excess if sold
for more than amount.
39
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: (including art. 52-53) marriage settlement it will be revoked by
1. If the marriage is not celebrated or judicially Prescription: operation of law.
declared void ab initio except donations made in the - Marriage is void: 5 years from Judicial Declaration of Exception: If the marriage is void due
marriage settlements, which shall be governed by Nullity (if doesn’t want to give it back, prescribe after to Article 40, or Article 44, then
Article 81; 8 years for movable, 30 years for immovable) automatically revoked
2. When the marriage takes place without the - Marriage not celebrated: 5 years from when it was
consent of the parents or guardian, as required by not celebrated
law; 2. Marriage takes place without consent of parents
3. When the marriage is annulled, and the donee Prescription:
acted in bad faith; - 5 years from the time he had knowledge that consent was
4. Upon legal separation, the donee being the guilty not obtained, after the marriage.
spouse; 3. Upon legal separation when donee is the guilty Exception: if the ground for legal
5. If it is with a resolutory condition and the condition spouse separation is infidelity in the form of
is complied with; Prescription: adultery or concubinage it will be
6. When the donee has committed an act of - 5 years from finality of decree. automatically void.
ingratitude as specified by the provisions of the Civil 4. When there is a resolutory cause and the condition Exception: between husband and wife
Code on donations in general. has been complied with prescription does not run.
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- Donee commits an offense against the person or property of
the donor, his wife, or children
- Donee imputes to the donor any criminal offense involving
moral turpitude unless it is 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 moderate - Under the last sentence of Art. 87it must be shown 1. To a stepchild who has no
gifts which the spouses may give each other on the that the donation was made at a time when they were compulsory or legal heirs
occasion of any family rejoicing. The prohibition shall still living together as husband and wife without the 2. To a common child who has no
also apply to persons living together as husband and benefit of marriage. compulsory or legal heirs
wife without a valid marriage. - Validity of donation or transfer cannot be challenged 3. To the parents of the other
by anyone unless those that will be affected by the spouse
donation. 4. To the other spouse’s adopted
RESERVA TRONCAL: the ascendant who inherits from his child
descendant any property which the later may have acquired 5. To common adopted child who
40
by gratuitous title from another ascendant or sibling is obliged has no other compulsory and
to reserve such property for the benefit of relatives within the or legal heirs.
3rd degree and who belong to the same line.
Ex. H is married to W and has a son S. H has a brother B. H
dies and donates to S his property. After which, S dies without
any heirs and thus the property goes to W. If W dies the
property does not go to her heir but to B so that the property
stays in the same line of the original owner (once owed by H)
and is within the third degree of S.
Property Regime What included What excluded Notes Charges Liquidation process
Absolute All properties owned Art. 89: No waiver of rights, Article 94: Termination:
community of before and after. Article 92: shares and effects of the 1. Support (spouses, Art. 97: Either spouse
property 1.provided in marriage absolute community of common & legitimate may dispose by will of
Art. 88: The absolute Art. 91: Unless settlement property during the marriage children) his or her interest in the
community of otherwise provided in 2. Personal and exclusive can be made except in case of - Even beyond age of majority community property.
property between this Chapter or in the use of either spouse (except judicial separation of property. 2. Debts & obligations made
spouses shall marriage settlements, jewelry) by both, administrator, or with Art. 98: Neither spouse
commence at the the community - However if exclusive When the waiver takes place consent of other spouse may donate any
precise moment that property shall consist property is used to purchase upon a judicial separation of (even if did not redound) community property
the marriage is of all the property something else such property, or after the marriage 3. D & O without consent but without the consent of
celebrated. Any owned by the property becomes part of has been dissolved or redounded. the other. However,
stipulation, express spouses at the time ACP annulled, the same shall 4. Expenses for community either spouse may,
or implied, for the of the celebration of 1.Property acquired by appear in a public instrument property (taxes, liens, without the consent of
commencement of the marriage or gratuitous title including the and shall be recorded as charges) the other, make
the community acquired thereafter. fruits and income UNLESS provided in Article 77. The 5. Taxes & expenses for moderate donations
regime at any other the guarantor expressly said creditors of the spouse who preservation during marriage from the community
time shall be void they will form part of ACP made such waiver may of separate property used by property for charity or
Art. 93: Property - Must be a valid donation petition the court to rescind the family on occasions of family
(Default regime if acquired during the (cant be donation made by waiver to the extent of the 6. Expenses for self- rejoicing or family
nothing stipulated – marriage is presumed one spouse to another) amount sufficient to cover the improvement or profession. distress
exception: to belong to the 2.Property acquired by amount of their credits. 7. Antenuptial debts Article 99:
subsequent marriage community, unless it either spouse who has * No waiver of rights, interests, redounding to family 1. Death
after death will is proved that it is legitimate descendants shares, and effects without 8. Donation made by both - Same proceeding as
automatically be CSP one of those and the fruits of that property judicial separation or spouses for children to settlement of estate.
if there was no proper excluded therefrom. *Winnings from gambling dissolution or annulment of pursue vocation or self- Spouse shall liquidate
liquidation of the (losses borne by looser) marriage – shall appear in a improvement property if no judicial
properties of the public instrument (creditors 9. For illegitimate children, settlement proceeding
previous marriage) may rescind waiver up to fines for crimes/quasi delict in within 1 year. After 1
Art. 90: The extent of the debt) case of insufficiency. year cannot make
provisions on co- (Advances) encumbrance on
41
ownership shall apply Art. 96: The administration 10. Expenses for litigation property.
to the absolute and enjoyment of the * Solidary liability does not 2. Legal separation
community of community property shall include ante-nuptial debts not 4. Annulled or void
property between the belong to both spouses jointly. redounding, support of (governed by art. 147 &
spouses in all matters In case of disagreement, the illegitimate, liabilities thru 148 except if void under
not provided for in husband's decision shall crime/delict. Article 40)
this Chapter. prevail, subject to recourse to 5. Judicial separation of
the court by the wife for proper Art. 95: Whatever may be property
remedy, which must be availed lost during the marriage in 6. Reappearance of a
of within five years from the any game of chance, betting, spouse presumed dead.
date of the contract sweepstakes, or any other Procedure:
implementing such decision. kind of gambling, whether Article 102:
In the event that one spouse is permitted or prohibited by 1. Inventory (separate
incapacitated or otherwise law, shall be borne by the and community)
unable to participate in the loser and shall not be 2. D&O of ACP shall be
administration of the common charged to the community but paid out, in case of
properties, the other spouse any winnings therefrom shall insufficiency solidarily
may assume sole powers of form part of the community liable with separate
administration. These powers property. property.
do not include disposition or 3. Exclusive prop
encumbrance without authority delivered.
of the court or the written 4. Net remainder of ACP
consent of the other spouse. divided equally unless
In the absence of such different proportion in
authority or consent, the settlement or waiver.
disposition or encumbrance 5. Delivery of
shall be void. However, the presumptive legitimates
transaction shall be construed 6. Conjugal dwelling
as a continuing offer on the with spouse with most
part of the consenting spouse children
and the third person, and may
be perfected as a binding
contract upon the acceptance
by the other spouse or
authorization by the court
before the offer is withdrawn
by either or both offerors.
* Spouses administer and
enjoy property jointly. Husband
decision prevails subject to
recourse of wife within 5 years
42
from date of contract

implementing decision. BUT if
wife ratifies contract express or
implied cant annul anymore.
- If disposition is made without
knowledge or consent of other
person no prescription.
ACP SEPARATION IN FACT: - Abandonment is different from separation in fact.
Art. 100: The separation in fact between husband Abandonment has to do with total abdication of all marital and
and wife shall not affect the regime of absolute parental authority.
community except that: - If the spouse left with a valid cause he or she can still be
supported from the ACP.
1.The spouse who leaves the conjugal home or - The ACP can still be liable for obligations incurred by the
refuses to live therein, without just cause, shall not separating spouse that may redound to the benefit of the family.
have the right to be supported; - Even the guilty spouse can compel the sale of property, which
2.When the consent of one spouse to any transaction will redound to the benefit of the family.
of the other is required by law, judicial authorization - Only the present spouse is given standing by the law to file a
shall be obtained in a summary proceeding; petition to encumber or administer the property of the other
3. In the absence of sufficient community property, spouse.
the separate property of both spouses shall be
solidarily liable for the support of the family. The
spouse present shall, upon proper petition in a
summary proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share.
ACP Art. 101: If a spouse without just cause abandons ABANDONMENT: Implies a departure by one spouse with the
the other or fails to comply with his or her obligations avowed intent never to return, followed by prolonged absence
to the family, the aggrieved spouse may petition the without just cause.
court for receivership, for judicial separation of - Should not only be physical but also financial and moral
property or for authority to be the sole administrator desertion.
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 he or she has left the conjugal dwelling without
intention of returning. The spouse who has left the
43
conjugal dwelling for a period of three months or has

failed within the same period to give any information
as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the
conjugal dwelling.
Conjugal Article 106: Article 109: Art. 107: The rules provided Article 121: Termination:
Partnership of - Proceeds, products, 1. Brought into the in Articles 88 and 89 shall 1.support of spouse common Article 126:
Gains: fruits and income from marriage as his or her also apply to conjugal and legitimate children 1.Death
Art. 105: In case the their separate own partnership of gains. 2.D&O by admin, both or either 2.Legal Separation
future spouses agree properties 2. Acquired by gratuitous spouse with consent of other. 3. Annulled or declared
in the marriage - Those acquired by title Art. 108: The conjugal 3.D&O without consent of other void.
settlements that the their efforts or chance - By way of succession partnership shall be governed but redounding. 4.Judicial Separation
regime of conjugal - Income and fruits by - Honorarium (given in by the rules on the contract of 4.expenses for conjugal prop
partnership gains gratuitous title (diff from appreciation for services partnership in all that is not in (taxes, liens) Article 127 and 128:
shall govern their ACP) rendered) conflict with what is expressly 5.taxes and expenses for -Provisions on
property relations - Annuity: retirement on 3. Acquired by right of determined in this Chapter or preservation of separate separation in fact and
during marriage, the an annuity (received as redemption, barter, by the spouses in their property (no need for use) abandonment has the
provisions in this a matter of right) exchange marriage settlements. 6.expenses for spouse for same application as in
Chapter shall be of -Pension: service - Even if money used to profession or self-improvement. ACP article 100 and
supplementary previously rendered for redeem is conjugal Prohibition on waiver. 7.Antenuptial debts redounding 101.
application. which full and adequate (reimbursement) *Properties brought into the to family. Procedure:
compensation was not 4. Bought with exclusive marriage by the contracting 8.donation of both for children Article 129:
The provisions of this received at the time. money of either spouse. parties belong to each of for profession or self- 1.Inventory of separate
Chapter shall also Article 117: *Onerous donations them exclusively. improvement. and conjugal prop
apply to conjugal 1. Acquired by onerous *Designated share in - Either spouse can transfer 9.expenses of litigation between 2.Payment of advances
partnerships of gains title using common donation admin of prop to other spouse spouses 3.Reimbursement to the
already established funds. *Gratuity (amount given thru public instrument. Not to be paid by cpg: spouses.
between spouses 2. Obtained by labor or by jobs for previous Art. 118: Property bought on Article 122: 4.D&O paid out by
before the effectivity industry or work work) installments paid partly from -Payment of personal debts CPG, insufficiency
of this Code, without 3. Fruits, natural, exclusive funds of either or contracted by the husband or solidarily liable.
prejudice to vested industrial, or civil due Art. 110: The spouses both spouses and partly from wife before or during the 5.exclusive prop
rights already received during retain the ownership, conjugal funds belongs to the marriage unless they delivered
acquired in marriage from common possession, buyer or buyers if full redounded to the benefit of the 6.loss or deterioration of
accordance with the prop administration and ownership was vested before family. movables paid from
Civil Code or other - Net fruits of exclusive enjoyment of their the marriage and to the However, fines and indemnities CPG
laws, as provided in property exclusive properties. conjugal partnership if such imposed support of illegitimate 7.Net remainder to be
Article 256. BUT personal damages ownership was vested during children can be paid by the divided (unless MS or
are not conjugal. Either spouse may, the marriage. In either case, assets AFTER the payment of waiver)
Presumption is that 4. Share in hidden during the marriage, any amount advanced by the obligations provided in Art. 121. 8.Delivery of
all property acquired treasure transfer the partnership or by either or But at the time of liquidation the presumptive legitimes
during marriage even 5. Fishing and hunting administration of his or both spouses shall be spouse who used such funds 9.Conjugal dwelling
44
if in the name of one 6. Excess livestock her exclusive property to reimbursed by the owner or will be charged.
spouse is conjugal (those brought in to the the other by means of a owners upon liquidation of If charges are paid, and no Article 130: in case of
unless otherwise marriage by one will public instrument, which the partnership. property or insufficient, CPG death the liquidation
provided. reimbursed shall be recorded in the pays: proceeding will be in the
7. Acquired by chance registry of property of the Property bought before but -Fines, debts before the same proceeding as the
place the property is title registered after marriage settlement of the estate
located. marriage: still considered -Support of illegitimate of the deceased. (Same
exclusive property even if *Subject to reimbursement application as in ACP
spouse is made co-owner in (ACP no need to pay out all article 103)
title (considered a trust) charges first)
Separate property plus Art. 133: From the
conjugal funds to buy a Article 120 common mass of
new property: new property 1.If improvement made by cp is property support shall
will be considered conjugal. more than value of the property, be given to the
Property bought on entire property will be conjugal surviving spouse and to
installment partly from –reimburse spouse. the children during the
exclusive and partly from 2. If amount is not more than it liquidation of the
conjugal: when title was will still be separate property inventoried property
vested will govern, then subject to reimbursement to and until what belongs
reimburse (Art. 119) CPG. (Ownership will vest upon to them is delivered; but
Principal payments and reimbursement) from this shall be
interest paid to a spouse deducted that amount
during marriage: principal Art. 123: Whatever may be lost received for support
amt is exclusive while interest during the marriage in any which exceeds the fruits
is conjugal. game of chance or in betting, or rents pertaining to
sweepstakes, or any other kind them.
of gambling whether permitted
or prohibited by law, shall be
borne by the loser and shall not
be charged to the conjugal
partnership but any winnings
therefrom shall form part of the
conjugal partnership property.
CPG Art. 110: The spouses retain the ownership, - Each spouse is to retain ownership, administration,
possession, administration and enjoyment of their possession and enjoyment of their exclusive
exclusive properties. properties.
- Administration includes entering into contracts,
engaging in litigation, and collection of fruits, profits
Either spouse may, during the marriage, transfer the and income arising from separate property.
administration of his or her exclusive property to the - The owner spouse can transfer administration of the
other by means of a public instrument, which shall be property not only to the other spouse but also to any
45
recorded in the registry of property of the place the third person without the consent of the other spouse.
property is located.
CPG Art. 111: A spouse of age may mortgage, encumber, - Art. 111 is no longer necessary, as the age of marriage
alienate or otherwise dispose of his or her exclusive is also the age of emancipation.
property, without the consent of the other spouse, - If the owner-spouse alienates his property the
and appear alone in court to litigate with regard to the administration by the other spouse over such property
same. will cease and the proceeds will go to the owner.
- The owner-spouse cannot revoke a judicially approved
Art. 112: The alienation of any exclusive property of administration by the other spouse of his property by
a spouse administered by the other automatically alienating it. Thus to alienate the property he must get
terminates the administration over such property and the consent of the administrator-spouse or court
the proceeds of the alienation shall be turned over to approval.
the owner-spouse.
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 determinate whomever he wants. Thus he may donate a piece of
shares, shall pertain to the donee-spouses as his or property to both spouses jointly or may specify how
her own exclusive property, and in the absence of much of the property should go to the husband and
designation, share and share alike, without prejudice how much should go to the wife.
to the 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 amount of independently of his co-donee unless it is stipulated or unless it
the charges shall be borne by the exclusive property is between husband and wife.
of the donee spouse, whenever they have been Ex. D donates land to H and W who are married. D donates 1/3
advanced by the conjugal partnership of gains. to W and 2/3 to H. If W does not accept the donation it will be
considered added on to the share of the husband. However if it
Art. 115: Retirement benefits, pensions, annuities, is a specific designation such as H will get a car and W will get
gratuities, usufructs and similar benefits shall be a horse, accretion will not apply.
governed by the rules on gratuitous or onerous - In the case of wills for accretion to take effect, the nature of
acquisitions as may be proper in each case. the inheritance must be pro indivisio (not divided, the terms ½
or in equal shares does not make it divided).
CPG Art. 124: The administration and enjoyment of the - Any alienation made by either spouse without the
conjugal partnership shall belong to both spouses consent of the other is invalid.
jointly. In case of disagreement, the husband's - In case the husband disposes of property over the
decision shall prevail, subject to recourse to the court objection of the wife, the wife may file a case to annul
by the wife for proper remedy, which must be availed the entire contract or part of it.
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
46
do not include disposition or encumbrance without

authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed as
a continuing offer on the part of the consenting
spouse and the third person, and may be perfected
as a binding contract upon the acceptance by the
other spouse or authorization by the court before the
offer is withdrawn by either or both offerors. (165a)
Art. 125: Neither spouse may donate any conjugal

partnership property without the consent of the other.
However, either spouse may, without the consent of
the other, make moderate donations from the
conjugal partnership property for charity or on
occasions of family rejoicing or family distress.
Separation of - They own everything separately but still liable for Article 136: Voluntary Separation Revival:
property family expenses in proportion to their income or in -Spouses may agree on the separation of their properties with Article 141:
Art. 134: In the default thereof in proportion to separate prop. But court approval, no reason needed. (But if reason is stated and it 1.termination of civil
absence of an liability to their creditor is still solidary. is against public policy the court will reject it) interdiction
express declaration -Division of property must be equal unless there is a different 2.Absentee reappears
in the marriage Article 135: Sufficient cause for judicial proportion agreed in MS or waiver. 3.court satisfied that
settlements, the separation of property: -Takes effect after judicial order of decree (not signing of administration will not
separation of 1. Civil interdiction agreement) be again abused
property between 2. Absentee spouse -Creditors will be listed in petition and notified) 4.Resumption of
spouses during the -2 years from last news about absentee, or 5 years if -In process, delivery of presumptive legitimes is not necessary. common life with other
marriage shall not an administrator has been left. spouse
take place except by 3. Loss of parental authority decreed by court *Art. 142: Admin of exclusive prop of either spouse may be 5.parental authority
judicial order. Such (termination or deprivation not mere transferred by court to other spouse or if not qualified to another restored
judicial separation of suspension) person when: 6.reconciliation of those
property may either -Over legitimate or illegitimate child whether of 1.spouse becomes the guardian separated in fact
be voluntary or for previous or present marriage 2.the other is judicially declared an absentee 7.For those who
sufficient cause. 4. Abandonment or failure to comply with his or 3.civil interdiction voluntarily separated
her obligations 4.fugitive from justice, hiding as an accused property, agree to revive
(Can be stipulated in 5. Abused power of administration Art 143: If the couple wants a regime of separation of property former property regime
MS which shall 6. Separation in fact for at least 1 yr they have to enter into a valid marriage settlement prior to the (but after that can’t
govern and FC will marriage stipulating such regime. separate property
only be Art. 137: Once the separation of property has been anymore)
supplementary in decreed, the absolute community or the conjugal Art. 145: Administration is left with each spouse with regard to - Art. 67 revival:
nature, in the partnership of gains shall be liquidated in conformity his/her own property without the need for the consent of the Agreement under oath
47
absence therein it with this Code. other. Earnings of each shall also belong to each spouse. will state:
cannot take place During the pendency of the proceedings for 1.properties to be
during the marriage separation of property, the absolute community or the Art. 146: Both spouses shall bear the family expenses in contributed
except by judicial conjugal partnership shall pay for the support of the proportion to their income or their separate property. Liability of 2.those to be retained
order) spouses and their children. spouses to creditors to family expenses are solidary (they are as separate
-May refer to present Art. 138: After dissolution of the absolute community both liable to the creditor for the whole amount if the creditor 3.names of known
or future property or or of the conjugal partnership, the provisions on seeks it from one of them. Such spouse is entitled to creditors
both complete separation of property shall apply. reimbursement from the other spouse).
-May be partial or Art. 144: Separation of property may refer to present * Even if there is an agreement on proportion of sharing etc, it
total or future property or both. It may be total or partial. In wont affect the creditors.
-Those not agreed as the latter case, the property not agreed upon as
separate will be ACP separate shall pertain to the absolute community.
Marriage without Art. 147: When a man and a woman who are Requisites:
unions (governs capacitated to marry each other, live exclusively with 1.Capacitated to marry each other
void marriages) each other as husband and wife without the benefit of -Not capacitated: incestuous, against public policy, under 18,
marriage or under a void marriage, their wages and bigamous marriage
salaries shall be owned by them in equal shares and 2.live exclusively with each other as husband and wife
the property acquired by both of them through their 3.Without benefit of marriage or under a void marriage.
work or industry shall be governed by the rules on *Includes marriages of psychological incapacity, reappearance
co-ownership. of wife, non-liquidation of property, absence of formal requisites.
Structure:
In the absence of proof to the contrary, properties 1. Salaries and wages shall be owned by equal shares
acquired while they lived together shall be presumed 2. Property acquired with exclusive funds is owned by
to have been obtained by their joint efforts, work or them exclusively
industry, and shall be owned by them in equal 3. Property acquired through work or industry governed
shares. For purposes of this Article, a party who did by co-ownership
not participate in the acquisition by the other party of 4. Property acquired while they live together will be
any property shall be deemed to have contributed owned by them in equal shares. (Contribution can be
jointly in the acquisition thereof if the former's efforts in the form of care and maintenance of family,
consisted in the care and maintenance of the family household)
and of the household. 5. Fruits of separate property not part of co-ownership
6. Conjugal home will be owned equally.
Neither party can encumber or dispose by acts inter -Can’t encumber or dispose of his/her share without consent of
vivos of his or her share in the property acquired the other or after cohabitation.
during cohabitation and owned in common, without -Can alienate in favor of the other his or her share BUT can’t
the consent of the other, until after the termination of waive any interest in co-ownership
their cohabitation. -Void marriage: net share of bad faith is forfeited to:
1. Common children
When only one of the parties to a void marriage is in 2. Waiver of common children, descendants
good faith, the share of the party in bad faith in the 3. Absence of descendants, innocent party
co-ownership shall be forfeited in favor of their Void marriages included:
48
common children. In case of default of or waiver by Art. 36: psychological incapacity

any or all of the common children or their Art. 44: bad faith of both spouses in a subsequent
descendants, each vacant share shall belong to the marriage
respective surviving descendants. In the absence of Art. 53: non-liquidation, dissolution, distribution of prop.
descendants, such share shall belong to the innocent Those where there is absence of consent, authority of
party. In all cases, the forfeiture shall take place upon solemnizer, license, marriage ceremony.
termination of the cohabitation.
Marriage without Art. 148: In cases of cohabitation not falling under Requisites:
unions (governs the preceding Article, only the properties acquired by - Cohabitation not falling under article 147.
void marriages) both of the parties through their actual joint Structure:
contribution of money, property, or industry shall be - Parties are co-owners of property acquired during
owned by them in common in proportion to their cohabitation only upon proof that each of them made
respective contributions. In the absence of proof to an actual contribution.
the contrary, their contributions and corresponding 1. Salaries and wages are separately owned; if either is
shares are presumed to be equal. The same rule and married the salaries go to that marriage.
presumption shall apply to joint deposits of money 2. Property acquired by the money of one, belongs to
and evidences of credit. that person exclusively
If one of the parties is validly married to another, his 3. Only properties acquired by both of them through joint
or her share in the co-ownership shall accrue to the contribution will be owned by them in common in
absolute community or conjugal partnership existing proportion to what they gave (money, property, or
in such valid marriage. If the party who acted in bad industry – but cant be mere care and maintenance of
faith is not validly married to another, his or her shall family/household). (Presumption is that shares over
be forfeited in the manner provided in the last property owned is equal shares but can be rebutted
paragraph of the preceding Article. through proof showing otherwise.)
The foregoing rules on forfeiture shall likewise apply 4. If one of the parties is validly married, that person’s
even if both parties are in bad faith share in the co-ownership will accrue to 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

Art. 149: The family, being the foundation of the nation, is a - Paramount importance is given to the family as provided
basic social institution which public policy cherishes and in the 1987 constitution.
protects. Consequently, family relations are governed by law - Family relations are governed by law and no custom or
and no custom, practice or agreement destructive of the family practice destructive of the family will be recognized.
49
shall be recognized or given effect.

Art. 150: Family relations include those: - Any person not included in the enumeration cannot be Exception to earnest efforts:
1. Between husband and wife; considered as within the term “family relations.” - Earnest effort is not
2. Between parents and children; - Before a suit can be filed by people belonging to the required if included in the
3. Among brothers and sisters, whether of the full or same family as provided in Art. 150, earnest efforts must suit between family
half-blood. be made to settle the case amicably. members is a stranger not
*Earnest efforts meant for civil actions only. of the same family.
Art. 151: No suit between members of the same family shall - Does not apply to cases,
prosper unless it should appear from the verified complaint or The following are excused from criminal liability (only civil liability which may not be
petition that earnest efforts toward a compromise have been incurred) for theft, swindling or malicious mischief: compromised.
made, but that the same have failed. If it is shown that no such 1. Spouses, ascendants, and descendents or relatives by - Does not apply to
efforts were in fact made, the same case must be dismissed. affinity in the same line. settlement of estate
This rules shall not apply to cases which may not be the 2. The widowed spouse with respect to the property of the guardianship, custody of
subject of compromise under the Civil Code deceased BEFORE someone else possesses it. children, and habeas
3. Brothers and sisters and brothers-in-law and sisters-in- corpus
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 latter’s minority or insanity, and between
guardian and ward during the guardianship.
THE FAMILY HOME
Art. 152: The family home, constituted jointly by the husband - Home is deemed constituted from the time it is actually * Exemption from execution
and the wife or by an unmarried head of a family, is the resided upon and occupied by the family. No need for is not absolute as it is
dwelling house where they and their family reside, and the judicial or extrajudicial requirement, deemed constituted subject to certain limitation
land on which it is situated. by operation of law. such as indebtedness in
- There must be the element of permanence (thus a boat certain instances (to be
Art. 153: The family home is deemed constituted on a house on water cannot be considered a family home) discussed in the next
and lot from the time it is occupied as a family residence. From - Must be constituted by both husband and wife jointly, the articles)
the time of its constitution and so long as any of its unmarried head of the family, or the occupancy of
beneficiaries actually resides therein, the family home beneficiaries in a home can be constituted as a family
continues to be such and is exempt from execution, forced home.
sale or attachment except as hereinafter provided and to the - The family home is exempt from execution, forced sale
extent of the value allowed by law. or attachment as provided by law
Art. 154: The beneficiaries of a family home are: - The actual occupancy of the beneficiaries in a home may
1. The husband and wife, or an unmarried person who is the constitute the same as a family home as long as they
head of a family; and have the consent of the husband or wife who own the
2. Their parents, ascendants, descendants, brothers and house and lot even if the owners do not reside in them.
sisters, whether the relationship be legitimate or illegitimate,
who are living in the family home and who depend upon the
head of the family for legal support
50
Art. 155: The family home shall be exempt from execution, - The whole value of the family home may be used to pay
forced sale or attachment except: obligations under Art. 155.
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of the family
home;
3. For debts secured by mortgages on the premises before or
after such constitution; and
4. For debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished material for the construction of the building.
Art. 156: The family home must be part of the properties of the - The family home must be constituted at a place where
absolute community or the conjugal partnership, or of the there is a fixed and permanent connection with the
exclusive properties of either spouse with the latter's consent. persons constituting it.
It may also be constituted by an unmarried head of a family on Not considered:
his or her own property. 1. Boat or vessel
Nevertheless, property that is the subject of a conditional sale 2. Apartment or house being rented
on installments where ownership is reserved by the vendor 3. House on another’s property
only to guarantee payment of the purchase price may be Considered: Property where ownership is reserved to the one
constituted as a family home. making the family home.
Art. 157: The actual value of the family home shall not - Those above the amount stipulated (300,000 in urban,
exceed, at the time of its constitution, the amount of the three 200,000 in rural) will not be exempt from execution,
hundred thousand pesos in urban areas, and two hundred forced sale or attachment.
thousand pesos in rural areas, or such amounts as may - Prior to the family code constitution of a family home was
hereafter be fixed by law. not automatic there was a need to file for such. If prior to
the family code there are certain houses falling under the
In any event, if the value of the currency changes after the value of a family home at the time of the constitution of
adoption of this Code, the value most favorable for the the family code (Aug. 3, 1988) provided for the family
constitution of a family home shall be the basis of evaluation. home is deemed automatically constituted.
For purposes of this Article, urban areas are deemed to

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, donated, Written consent needed for the disposition of the family home:
assigned or encumbered by the owner or owners thereof with 1. Persons constituting the family home
the written consent of the person constituting the same, the 2. Latter’s spouse
latter's spouse, and a majority of the beneficiaries of legal age. 3. Majority of beneficiaries of legal age
In case of conflict, the court shall decide
Art. 159: The family home shall continue despite the death of - Security of the family is the concern of the law thus they
one or both spouses or of the unmarried head of the family for provide for a 10 year period despite the death of the
a period of ten years or for as long as there is a minor person who constituted the family home. Furthermore
51
beneficiary, and the heirs cannot partition the same unless the the heirs cannot partition the same unless the court finds
court finds compelling reasons therefor. This rule shall apply compelling reasons therefore.
regardless of whoever owns the property or constituted the
family home.
Art. 160: When a creditor whose claims is not among those - Bidders cannot bid below the amount of 300,000
mentioned in Article 155 obtains a judgment in his favor, and - If the house is sold, 300,000 is given to the owner of the
he has reasonable grounds to believe that the family home is house and the balance to the creditor to satisfy his debt.
actually worth more than the maximum amount fixed in Article This happens even if the debt is not fully satisfied. (Idea
157, he may apply to the court which rendered the judgment is to give 300,000 so that the debtor can buy a house)
for an order directing the sale of the property under execution. This however does not apply when if the creditor is one
The court shall so order if it finds that the actual value of the of those mentioned in Article 155 (the debt must be
family home exceeds the maximum amount allowed by law as satisfied even if nothing is left with the owner).
of the 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.
PATERNITY AND FILIATION

Art. 163: The filiation of children may be by nature or by - Paternity and filiation refer to the relationship or tie, which exists
adoption. Natural filiation may be legitimate or illegitimate. between parents and their children.
Art. 164: Children conceived or born during the marriage - Illegitimate children are those conceived and born
of the parents are legitimate. outside a valid marriage or inside a void marriage.
Children conceived as a result of artificial insemination of ARTIFICIAL INSEMINATION: wife is artificially impregnated with
the wife with the sperm of the husband or that of a donor the semen of her husband or with the semen of a third person.
or both are likewise legitimate children of the husband and - Child of artificial insemination is considered legitimate
his wife, provided, that both of them authorized or ratified provided that both the husband and wife authorize or
such insemination in a written instrument executed and ratify such insemination in a written instrument and
signed by them before the birth of the child. The signed by them before the birth of the child and that it is
instrument shall be recorded in the civil registry together recorded in the civil registry together with the birth
with the birth certificate of the child. certificate of the child.
52
- If the requirements given are not followed and the

Art. 165: Children conceived and born outside a valid husband does not impugn the legitimacy of the child on
marriage are illegitimate, unless otherwise provided in this grounds provided by law within the prescriptive period
Code. the child will still be considered legitimate.
Art. 166: Legitimacy of a child may be impugned only on Grounds to impugn legitimacy of the child: Art. 167: The child shall be
the following grounds: 1. Physically impossible for husband to have sexual considered legitimate although
1. That it was physically impossible for the husband to intercourse with wife within the first 120 days of the 300 the mother may have declared
have sexual intercourse with his wife within the first 120 days immediately preceding the birth of child due to: against its legitimacy or may
days of the 300 days which immediately preceded the a. Physical incapacity have been sentenced as an
birth of the child because of: b. Living separately: must be living in such a way adulteress.
(a) the physical incapacity of the husband to that sexual intercourse is impossible. (Mere
have sexual intercourse with his wife; remoteness is not sufficient) *Even if wife impugns
(b) the fact that the husband and wife were c. Serious illness legitimacy, child is still
living separately in such a way that - When a child is born inside a marriage, sexual intercourse is legitimate, only husband and in
sexual intercourse was not possible; or presumed to have occurred between the husband and wife within proper cases the heirs can
(c) serious illness of the husband, which the first 120 days of the 300-day period before the birth of the impugn the legitimacy. Unless:
absolutely prevented sexual intercourse; 2.That child. (Longest gestation period) she did not deliver the child
it is proved that for biological or other scientific reasons, 2. Biological or scientific reasons the child could not have herself, or did not come from
the child could not have been that of the husband, except been that of the husband (except for artificial her own womb.
in the instance provided in the second paragraph of Article insemination)—if for biological reasons offspring could
164; or not have been that of the husband like if the child was a
3. That in case of children conceived through artificial different race from the father’s.
insemination, the written authorization or ratification of - Vasectomy is not enough proof because there are times when
either parent was obtained through mistake, fraud, the sperm can re-channel itself and effect fertilization.
violence, intimidation, or undue 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.
Art. 168: If the marriage is terminated and the mother * Merely suppletory, if there is better proof then such should be
contracted another marriage within three hundred days accepted.
after such termination of the former marriage, these rules - Sexual intercourse is presumed between spouses during their
shall govern in the absence of proof to the contrary: marriage.
1. A child born before one hundred eighty days after the IN CASE OF 2 MARRIAGES:
solemnization of the subsequent marriage is considered - If child is born within 180 days after the second marriage
to have been conceived during the former marriage, and within 300 days after the termination of the first
provided it be born within three hundred days after the marriage the child shall be considered to have been
53
termination of the former marriage; conceived of the first marriage unless other proof is
2. A child born after one hundred eighty days following the given.
celebration of the subsequent marriage is considered to - If the child is born after 180 days after the second
have been conceived during such marriage, even though marriage the child shall be considered to have been
it be born within the three hundred days after the conceived of the second marriage unless other proof is
termination of the former marriage. given.
*But either way the child is still legitimate.
Art. 169: The legitimacy or illegitimacy of a child born - If there is no subsequent marriage after 300 days after the
after three hundred days following the termination of the termination of the marriage there is no presumption and thus
marriage shall be proved by whoever alleges such convincing proof is necessary.
legitimacy or illegitimacy.
Art. 170: The action to impugn the legitimacy of the child Prescription for impugning the legitimacy of the child *It is from the knowledge of the
shall be brought within one year from the knowledge of 1. Within one year from the knowledge of the birth or its child’s birth not the knowledge
the birth or its recording in the civil register, if the husband recording if husband resides in city where birth took that it is not his child.
or, in a proper case, any of his heirs, should reside in the place or recorded.
city or municipality where the birth took place or was 2. Within 2 years, if the husband lives elsewhere in the *Even if the birth was
recorded. Philippines. concealed, if it was registered
3. Within 3 years, if he lives abroad and the father did not impugn
If the husband or, in his default, all of his heirs do not 4. If the birth of the child has been concealed, prescription the child’s legitimacy during the
reside at the place of birth as defined in the first will begin from the discovery or knowledge of birth of period provided then the child is
paragraph or where it was recorded, the period shall be child or the fact of registration of the birth (whichever is legitimate. (Cannot impugn
two years if they should reside in the Philippines; and earlier). since registry is earlier)
three years if abroad. If the birth of the child has been
concealed from or was unknown to the husband or his
heirs, the period shall be counted from the discovery or
knowledge of the birth of the child or of the fact of
registration of said birth, whichever is earlier.
Art. 171: The heirs of the husband may impugn the - Legitimacy cannot be collaterally attacked or impugned.
filiation of the child within the period prescribed in the Principally only the husband can file a direct action to impugn the
preceding article only in the following cases: legitimacy of the child even if the child is not his.
1. If the husband should die before the expiration of the - The heirs are mere substitutes of the husband and cannot file
period fixed for bringing his action; the action if the husband himself failed to file such action despite
2. If he should die after the filing of the complaint without knowledge of the illegitimacy within the prescribed period.
having desisted therefrom; or
3. If the child was born after the death of the husband.
PROOF OF FILIATION
Art. 172: The filiation of legitimate children is established - The record of birth appearing in the civil registry should have the Proofs from rules of court or
by any of the following: husband’s signature and such birth certificate signed by the special law:
1. The record of birth appearing in the civil register or a parents is adequate proof of paternity without need for further 1. Baptismal certificate
final judgment; or court action. 2. Judicial admission
2. An admission of legitimate filiation in a public - Admission in public or private handwritten document is a 3. Family bible
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document or a private handwritten instrument and signed complete act of recognition without need for court action 4. Common reputation
by the parent concerned.  A mere instrument not in the handwriting of the 5. Admission by silence
In the absence of the foregoing evidence, the legitimate parent or not a public instrument will not qualify. 6. Testimony of witness
filiation shall be proved by: - Open continuous possession means the father treats the child
1. The open and continuous possession of the status of as his own directly and not through others, spontaneously and
a legitimate child; or without concealment
2. Any other means allowed by the Rules of Court and  Must be spontaneous and uninterrupted
special laws.
Art. 173: The action to claim legitimacy may be brought Action to claim legitimacy by the child Article 175: Illegitimate child
by the child during his or her lifetime and shall be May be brought by the child during his or her lifetime and may be -Same as legitimate children
transmitted to the heirs should the child die during transmitted to heirs if the child dies during minority or in a state of except when proof is through
minority or in a state of insanity. In these cases, the heirs insanity or after it has already been instituted by the child and open and continuous relationship
shall have a period of five years within which to institute child dies. or other rules of court in which
the action. Heirs have five years to institute action case it may only be brought
during the lifetime of the alleged
parent.
Exception: if the child is born in
a valid marriage though different
man, he cannot claim illegitimacy.
The man in the marriage must
first impugn the legitimacy of the
child
Article 176: Rights of an illegitimate child Article 174: Legitimate children shall have the right:
1. Bear the surname of the mother 1. To bear the surnames of the father and the mother, in
 Even if paternity is certain, mother surnames conformity with the provisions of the Civil Code on Surnames;
unless father admits that is his child and 2. To receive support from their parents, their ascendants, and in
lives with them then surname of father can proper cases, their brothers and sisters, in conformity with the
be used. provisions of this Code on Support; and
2. Be under the parental authority of the mother, 3. To be entitled to the legitimate and other successional rights
entitled to support from her granted to them by the Civil Code.
 Even if paternity is certain, if father is not
living with them he cannot have parental - A legitimate child has his or her whole lifetime to file an action to
authority. claim his or her legitimacy.
 If the father acknowledges the child and
cohabits, he will be vested with parental
authority. Even if he leaves after that it will
not be considered a waiver of his parental
authority unless violated legal grounds
provided for termination of parental auth. (he
will also be vicariously liable for damages
caused by the child)
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3. Legitime will be ½ 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)
Art. 177: Only children conceived and born outside of Legitimated Children (legitimate by operation of law) *Shall enjoy same rights as
wedlock of parents who, at the time of the conception of Requirements: legitimate children, shall retroact
the former, were not disqualified by any impediment to 1. Children conceived and born outside wedlock to their birth.
marry each other may be legitimated. 2. Of parents who had no legal impediments to marry at *No need for the
that time the child was conceived and acknowledgment of the father
Art. 178: Legitimation shall take place by a subsequent 3. They get married later on. (The fact that it is a voidable unlike the civil code.
valid marriage between parents. The annulment of a marriage will not affect the legitimation, but if it is a void *Legitimation will not affect
voidable marriage shall not affect the legitimation. marriage then illegitimate) property rights already vested.
 IF the child dies before the celebration of the marriage, it *If there is a legal impediment at
Art. 179: Legitimated children shall enjoy the same will still benefit their descendants. the time of conception the
rights as legitimate children. (272a)  Only by those who are prejudiced in their rights within 5 remedy is adoption.
years from the time their cause of action accrues. (Refers Exception: those born through
Art. 180: The effects of legitimation shall retroact to the basically to inheritance rights but if the creditors are really adulterous relationship and
time of the child's birth. prejudiced they must show how legitimation affected such bigamous marriage cannot be
—vested rights prior to legitimation then those rights will legitimated.
not be taken from them)
 Right of action accrues only upon death of parents when
legitimes will vest
 Adopted children can be prejudiced with regards to
adopter parents or even natural parents.
Art. 181: The legitimation of children who died before the - In effect gives the children what they should have
celebration of the marriage shall benefit their enjoyed during the lifetime of their father or mother.
descendants.
Art. 182: Legitimation may be impugned only by those - Contemplates inheritance or successional rights,
who are prejudiced in their rights, within five years from creditors (commercial or property rights) are excluded
the time their cause of action accrues. unless it can be shown that the legitimation affected their
rights and they are really prejudiced.
SUPPORT
Art. 194: Support comprises everything indispensable  Everything indispensable for sustenance, dwelling, Art. 205: right to give or obtain
for sustenance, dwelling, clothing, medical attendance, clothing, medical attendance, education, and support shall not be levied upon on
education and transportation, in keeping with the transportation (in keeping with the financial capacity of attachment or execution.
56
financial capacity of the family. the family) - Cannot be made to satisfy any
 Schooling or training shall be applicable even beyond judgment against the recipient.
The education of the person entitled to be supported the age of majority Except: the excess beyond required
referred to in the preceding paragraph shall include his  Transportation includes going to and from school and for legal support in a will or
schooling or training for some profession, trade or place of work contractual support shall be subject to
vocation, even beyond the age of majority.  Can be given even beyond the age of majority levy or execution. (Contractual
Transportation shall include expenses in going to and  Support is never final (no res judicata) can be changed support is subject to adjustment
from school, or to and from place of work. whenever modification is necessary)
Art. 195: Subject to the provisions of the succeeding 1. Spouses *Adopted children only up to parents
articles, the following are obliged to support each other 2. Legitimate ascendant and descendants for support. Others aren’t obliged to
to the whole extent set forth in the preceding article: 3. Parents and their legitimate children and their support. (If the adopter dies or
1. The spouses; illegitimate/legitimate grandchildren abandons then the state takes over)
2. Legitimate ascendants and descendants; 4. Parents and their illegitimate children and their *Mandatory and essential cannot be
3. Parents and their legitimate children and the illegitimate/legitimate grandchildren transmitted to a 3rd person nor can it
legitimate and illegitimate children of the latter; 5. Legitimate brothers and sisters whether whole or half be waived.
4. Parents and their illegitimate children and the blood (Prohibition against any compromise
legitimate and illegitimate children of the latter; and 6. Brothers and sisters not legitimately related are also of the right to future support)
5. Legitimate brothers and sisters, whether of full or obliged to support unless if he/she is of age and is *If relationship between one to be
half-blood due to claimants fault or negligence no support. supported and the one to support is in
- A child inside a womb is already considered born thus entitled issue, status of the parties should be
to all benefits that accrue to him/her provided that the child is established first.
born after.
Art. 196: Brothers and sisters not legitimately related, - They are no longer bound when the child is above the
whether of the full or half-blood, are likewise bound to age of majority or due to the negligence.
support each other to the full extent set forth in Article
194, except only when the need for support of the
brother or sister, being of age, is due to a cause
imputable to the claimant's fault or negligence.
Article 197: In case of legitimate ascendants;  Support for legitimate ascendants, descendants *IF the legitimate descendants are the
descendants, whether legitimate or illegitimate; and (legitimate or illegitimate), brothers and sisters (legitimate common children then ACP and CPG
brothers and sisters, whether legitimately or or illegitimately related) shall be taken from separate shall be principally charged.
illegitimately related, only the separate property of the property *Support can’t be taken from the
person obliged to give support shall be answerable  If no separate properties from ACP or CPG children’s property unless there was
provided that in case the obligor has no separate (advancement). no need or demand from recipient. (If
property, the absolute community or the conjugal  But if it is the illegitimate children, insufficiency is enough this happens can forfeit bond made
partnership, if financially capable, shall advance the to make ACP liable and insufficiency plus payment of by guardian parent over property-art.
support, which shall be deducted from the share of the charges to make CPG liable. 225)
spouse obliged upon the liquidation of the absolute  For spouses, generally from ACP or CPG absence of
community or of the conjugal partnership then from fruits of ACP or CPG insufficiency or absence
of from the separate properties themselves.
Art. 198: During the proceedings for legal separation  Support pending litigation generally obtain from ACP or *After declaration of nullity or
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or for annulment of marriage, and for declaration of CPG annulment no more obligation to
nullity of marriage, the spouses and their children shall  In case of support between husband and wife where support
be supported from the properties of the absolute validity of marriage is in issue, aggrieved cannot be given *In legal separation support ceases
community or the conjugal partnership. After the final support pendent elite by the other spouse (from his unless guilty spouse is ordered to
judgment granting the petition, the obligation of mutual separate property) support innocent.
support between the spouses ceases. However, in  Legal separation or annulment: spouses shall be *If wife is adulterous it can be a
case of legal separation, the court may order that the supported by ACP or CPG. defense in an action for support
guilty spouse shall give support to the innocent one, against separate property of the
specifying the terms of such order. spouse but wife can still get support
from ACP or CPG.
Art. 199: Whenever two or more persons are obliged  The list is in order of priority of who should support
to give support, the liability shall devolve upon the first. The others are not obliged to give support if those
following persons in the order herein provided: higher on the list are present.
1. The spouse;
2. The descendants in the nearest degree; Art. 200:if the liability to support falls on 2 people it will be
3. The ascendants in the nearest degree; and divided between them in the proportion of their resources.
4. The brothers and sisters. -But in case of urgency, the judge may order only one of them
to give and then just get reimbursed from the other after.
Art. 200: When the obligation to give support falls -When there are two or more people claiming for support and
upon two or more persons, the payment of the same the one obliged to give doesn’t have enough, order will be
shall be divided between them in proportion to the followed except when the one who needs support is a spouse
resources of each. and a child in which case the child shall be preferred. (Wife is
However, in case of urgent need and by special preferred when it is an illegitimate child)
circumstances, the judge may order only one of them
to furnish the support provisionally, without prejudice to
his right to claim from the other obligors the share due
from them.
When two or more recipients at the same time claim

support from one and the same person legally obliged
to give it, should the latter not have sufficient means to
satisfy all claims, the order established in the
preceding article shall be followed, unless the
concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child
shall be preferred.
Art. 201: The amount of support, in the cases referred  Support can be increased or decreased depending on
to in Articles 195 and 196, shall be in proportion to the the needs of the recipient and the resources of the
resources or means of the giver and to the necessities person obliged to give it.
of the recipient.  Judgment for support does not become final
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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 right to
proportionately, according to the reduction or increase receive it needs it (need for support is not presumed,
of the necessities of the recipient and the resources or must be established).
means of the person obliged to furnish the same.  No support given without judicial or extrajudicial
demand. (Made within the first 5 days of every month)
Art. 203: The obligation to give support shall be  Demand is essential shows manifestation of needs.
demandable from the time the person who has a 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 shall How to provide support
have the option to fulfill the obligation either by paying  Can be by giving the money or allowance
the allowance fixed, or by receiving and maintaining in  Or by allowing the person to stay in family dwelling
the family dwelling the person who has a right to
unless there is a legal or moral obstacle (usually
receive support. The latter alternative cannot be
refers to illegitimate children who are generally not
availed of in case there is a moral or legal obstacle
allowed to get from ACP or CPG)
thereto.
Art. 205: The right to receive support under this Title  The right to receive support and the money or property * However in case of contractual
as well as any money or property obtained as such obtained as such support cannot be made to satisfy support or that given by will, the
support shall not be levied upon on attachment or any judgment against the recipient excess amount beyond that required
execution. for legal support can be subject of
execution.
Art. 206: When, without the knowledge of the person Art. 206 Requisites: Quasi-contract: juridical relation which
obliged to give support, it is given by a stranger, the  There is a need to be supported and without arises from certain lawful, voluntary
latter shall have a right to claim the same from the knowledge of person obliged to give support it is and unilateral acts to the end that no
former, unless it appears that he gave it without given by another, he can reimburse unless he has no one shall be unjustly enriched or
intention of being reimbursed. intention of being reimbursed. benefited at the expense of another
 If person obliged to give support unjustly refuses a (basis for reimbursement of one who
Art. 207. When the person obliged to support another third person can give it with right of reimbursement. gives support)
unjustly refuses or fails to give support when urgently Art. 207 Requisites:
needed by the latter, any third person may furnish 1. Urgent need to be supported on the part of the
support to the needy individual, with right of recipient
reimbursement from the person obliged to give 2. The person obliged to support unjustly refuses or fails
support. This Article shall particularly apply when the to give support.
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father or mother of a child under the age of majority 3. Third person furnishes the support to the needy
unjustly refuses to support or fails to give support to individual
the child when urgently needed. *If all are present 3rd person shall have right to reimbursment.
Art. 208: In case of contractual support or that given - This is different from legal support, which cannot be
by will, the excess in amount beyond that required for levied upon; contractual support however is not
legal support shall be subject to levy on attachment or mandated by law.
execution - The excess in amount of legal support shall be subject
to levy on attachment or execution.
PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of - Natural affection between the parents and the
parents over the person and property of their offspring has always been recognized as an inherent
unemancipated children, parental authority and and natural right.
responsibility shall include the caring for and rearing - Parental authority involves a mass of rights and
them for civic consciousness and efficiency and the obligations.
development of their moral, mental and physical
character and well-being.
Art. 210: Parental authority and responsibility may not - Parental authority and responsibility may not be Except when provided by law
be renounced or transferred except in the cases renounced or transferred except in the cases (Cases of adoption, guardianship and
authorized by law. authorized by law. Parental authority and responsibility surrender to a children’s home or
cannot be renounced or transferred 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 father’s decision shall
exercise parental authority over the persons of their prevail unless there is a judicial order.
common children. In case of disagreement, the  Children should observe respect and are obliged to
father's decision shall prevail, unless there is a judicial obey them as long as they are under their parental
order to the contrary. authority
Children shall always observe respect and reverence  Applies to both legitimate and illegitimate
towards their parents and are obliged to obey them as Requisites for it to apply to illegitimate:
long as the children are under parental authority. 1. Paternity is known or the father is certain.
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)
*Father’s 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 parent,  If a spouse dies, the other spouse still has parental *New spouse does not get parental
the parent present shall continue exercising parental authority authority by the fact of marriage. New
authority. The remarriage of the surviving parent shall spouse must adopt the children to
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not affect the parental authority over the children,  Remarriage does not affect the parental authority of have parental authority.
unless the court appoints another person to be the the parent.
guardian of the person or property of the children.  Lesbianism not a ground to deprive of custody.
Art. 213: In case of separation of the parents, parental  In case of separation the court shall designate a *This does not mean that the other
authority shall be exercised by the parent designated parent to have parental authority (taking into parent has no more PA.
by the Court. The Court shall take into account all consideration choice of those 7 and above) *Habeas corpus is proper remedy to
relevant considerations, especially the choice of the  No child below 7 shall be separated from mother get custody of a child from the other
child over seven years of age, unless the parent unless there is compelling reason not to do so. parent or 3rd persons.
chosen is unfit. (Age is considered from when the decision is made or
when custody is given)
 Custody may also be given to 3rd persons if the
situation so warrants.
Art. 214: In case of death, absence or unsuitability of  In case of death, absence or unsuitability of the
the parents, substitute parental authority shall be parents substitute parental authority shall be exercised
exercised by the surviving grandparent. In case by the surviving grandparent.
several survive, the one designated by the court,  In case several grandparents survive, the court will
taking into account the same consideration mentioned decide.
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 case *Not mandatory in nature so if the
criminal case, to testify against his parents and to testify against his parents or grandparents unless child wants to he can do so
grandparents, except when such testimony is the crime is against the descendant or by one parent voluntarily.
indispensable in a crime against the descendant or by against the other.
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 latter’s descendant or ascendant.
SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY

Art. 216: In default of parents or a judicially appointed 1st: parents exercise parental authority then a judicially *They will have the rights and
guardian, the following person shall exercise substitute appointed guardian in default of such guardian: responsibilities of a parent
parental authority over the child in the order indicated: 1. Surviving grandparent enumerated in art. 220 onwards.
1. The surviving grandparent, as provided in Art. 214; 2. Oldest brother or sister over 21 *Order is not mandatory: paramount
2. The oldest brother or sister, over twenty-one years of 3. Child’s actual custodian over 21 interest
age, unless unfit or disqualified; and * The list is merely a guideline, fitness, capabilities, etc
3. The child's actual custodian, over twenty-one years of must still be considered.
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.
61
Art. 217: In case of foundlings, abandoned neglected or In case of no family members (foundling, abandoned,
abused children and other children similarly situated, neglected or abused children and other children similarly
parental authority shall be entrusted in summary judicial situated)
proceedings to heads of children's homes, orphanages - Parental authority shall be entrusted in summary
and similar institutions duly accredited by the proper judicial proceedings to heads of children’s homes,
government agency. orphanages, etc.
Transfer of parental authority:
1. Involuntary: by DSWS who files with court to have
custody over the child.
2. Voluntary: parent or child commits to the DSWS
(surrendered in writing by parents, if only 1 and the
other is dead or abandoned for at least 1 year 1
parent authorization is enough)
Art. 218: The school, its administrators and teachers, or  School, administrators, teachers, individuals or Except: no liability by those with
the individual, entity or institution engaged in child are entities engaged in child care shall have special special parental authority if it can be
shall have special parental authority and responsibility parental authority and responsibility over the minor proven that such person exercised
over the minor child while under their supervision, child while under their supervision, instruction, the proper diligence in the
instruction or custody. custody. (This authority applies to authorized circumstances. Parents can’t use
Authority and responsibility shall apply to all authorized activities inside or outside the premises) diligence as a defense (imputed
activities whether inside or outside the premises of the  Those given special authority shall be principally and liability flows from filial relation).
school, entity or institution. solidariliy liable (civil liability) for damages caused by *Can be an academic or non-
the acts or omissions of the minor. (Must be teacher academic school.
Art. 219: Those given the authority and responsibility in charge etc).
under the preceding Article shall be principally and  Parents or those who have substitute parental
solidarily liable for damages caused by the acts or authority shall be subsidiarily liable (if persons with
omissions of the unemancipated minor. The parents, special authority cannot cover the liability)
judicial guardians or the persons exercising substitute  Under the civil code, article 2180, teachers etc can
parental authority over said minor shall be subsidiarily still be held liable when children are not anymore
liable. 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
Art. 220: The parents and those exercising parental Rights and duties of parents: *Cases in the US would show that
authority shall have with the respect to their 1. Support, educate and instruct them, provide for their support can be withheld from the
62
unemancipated children on wards the following rights upbringing in keeping with their means. child as a disciplinary sanction if the
and duties: 2. Love and affection, advice, counseling, child refuses to obey the father. (But
1. To keep them in their company, to support, educate companionship, and understanding mere disagreements or delinquent
and instruct them by right precept and good example, 3. Moral and spiritual guidance behavior does not generally
and to provide for their upbringing in keeping with their 4. Physical and mental health terminate support). ROE V. DOE.
means; 5. Good and wholesome educational materials and
2. To give them love and affection, advice and counsel, prevent them from bad company
companionship and understanding; 6. Represent them in all matters affecting their interest.
3. To provide them with moral and spiritual guidance, 7. Demand respect and obedience
inculcate in them honesty, integrity, self-discipline, self- 8. Impose discipline
reliance, industry and thrift, stimulate their interest in 9. Others imposed by law
civic affairs, and inspire in them compliance with the Disciplinary Actions: parents may inflict a reasonable measure
duties of citizenship; of corporal punishment.
4. To furnish them with good and wholesome educational (Read Child and Youth Welfare Code –Rights of the child)
materials, supervise their activities, recreation and
association with others, protect them from bad company,
and prevent them from acquiring habits detrimental to
their health, studies and morals;
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 parental  Parents are primarily liable (civilly) for injuries and Exception: if parents can show that
authority shall be civilly liable for the injuries and damages caused by the acts and omissions of their they exercised the diligence of a
damages caused by the acts or omissions of their unemancipated children living in their company and good father, then no liability.
unemancipated children living in their company and under their parental authority.
under their parental authority subject to the appropriate
defenses provided by law.
Art. 222: The courts may appoint a guardian of the  Court may appoint a guardian for purposes of the
child's property or a guardian ad litem when the best lawsuit when the best interest of the child requires it.
interests of the child so requires. GUARDIANSHIP: trust relation of the most sacred character.
Art. 223: The parents or, in their absence or incapacity,  Person who has parental authority may seek the Art. 224: The measures referred to
the individual, entity or institution exercising parental assistance of the court to discipline the child and with in the preceding article may include
authority, may petition the proper court of the place a counsel shall undergo a summary hearing. the commitment of the child for not
where the child resides, for an order providing for  If the court finds that it is the petitioner at fault, the more than thirty days in entities or
disciplinary measures over the child. The child shall be court may suspend or deprive him of parental institutions engaged in child care or
entitled to the assistance of counsel, either of his choice authority. in children's homes duly accredited
or appointed by the court, and a summary hearing shall  During the commitment of the child the parent cannot by the proper government agency.
63
be conducted wherein the petitioner and the child shall interfere with the care of the child but will provide The parent exercising parental
be heard. support. authority shall not interfere with the
However, if in the same proceeding the court finds the  The court may terminate the commitment of the child care of the child whenever
petitioner at fault, irrespective of the merits of the whenever just and proper. committed but shall provide for his
petition, or when the circumstances so warrant, the court support. Upon proper petition or at
may also order the deprivation or suspension of parental its own instance, the court may
authority or adopt such other measures as it may deem terminate the commitment of the
just and proper. child whenever just and proper.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
Art. 225. The father and the mother shall jointly exercise  No need for a judicial court to appoint parents as
legal guardianship over the property of the unemancipated guardians. It is presumed that the parents act for
common child without the necessity of a court appointment. the best interest of the child.
In case of disagreement, the father's decision shall prevail, Prohibition (cases where a parent cannot be the
unless there is a judicial order to the contrary. administrator of the property):
1. When a parent is disinherited and his/her child
Where the market value of the property or the annual inherits from the child’s grandparents his share of
income of the child exceeds P50,000, the parent concerned the compulsory inheritance, the parent cannot
shall be required to furnish a bond in such amount as the administer such property. The parent however can
court may determine, but not less than ten per centum administer whatever is given to the child by way of
(10%) of the value of the property or annual income, to voluntary will.
guarantee the performance of the obligations prescribed for 2. When the parent is unfit to administer the property
general guardians. and thus a guardian is needed.
- Parent’s authority over the estate of the ward as a
A verified petition for approval of the bond shall be filed in legal-guardian would not extend to acts of
the proper court of the place where the child resides, or, if encumbrance or disposition, as distinguished from
the child resides in a foreign country, in the proper court of acts of management or administration.
the place where the property or any part thereof is situated. 1. if the market value of total property or income of child is
more than P50k, the parent has to give a bond not less
The petition shall be docketed as a summary special than 10% of value of property to guarantee performance of
proceeding in which all incidents and issues regarding the the obligations prescribed for general guardians. (to be
performance of the obligations referred to in the second sure that guardians don’t abuse their authority and do what
paragraph of this Article shall be heard and resolved. they are required to do)
2. rules on guardianship apply supplementary to parents,
The ordinary rules on guardianship shall be merely but if child is under substitute parental authority or guardian
suppletory except when the child is under substitute parental is a stranger then rules on guardianship apply.
authority, or the guardian is a stranger, or a parent has *parent’s authority over the estate does not include
remarried, in which case the ordinary rules on guardianship alienation or encumbrance, or compromise or waiver
shall apply. (void). – authority is needed from court.
Art. 226. The property of the unemancipated child earned or  Child’s salary still for his/her exclusively used for
acquired with his work or industry or by onerous or benefit of child but child also has obligation to
gratuitous title shall belong to the child in ownership and support ascendants thus salary can be used.
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shall be devoted exclusively to the latter's support and  Parents cannot use property for personal use.
education, unless the title or transfer provides otherwise. -the child shall own exclusively whatever he earns or by
The right of the parents over the fruits and income of the onerous or gratuitous title.
child's property shall be limited primarily to the child's -the fruits of such can only be used by the parents for the
support and secondarily to the collective daily needs of the support of the child and secondarily for the support of the
family. family.
Art. 227: If the parents entrust the management or  Parents who engage their unemancipated child to
administration of any of their properties to an take care of their properties are to give their child
unemancipated child, the net proceeds of such property a monthly allowance taken from the gross
shall belong to the owner. The child shall be given a proceeds of the property for the month. Such will
reasonable monthly allowance in an amount not less than not be charged to the child’s legitime.
that which the owner would have paid if the administrator  The net proceeds or the balance left after the
were a stranger, unless the owner, grants the entire payment of the allowance and expenses will go to
proceeds to the child. In any case, the proceeds thus give in the parents
whole or in part shall not be 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 revived
1. Upon the death of the parents; appoint a guardian on petition of a relative, family in these cases.
2. Upon the death of the child; or friend, or DSWD.
3. Upon emancipation of the child.  These situations extinguishes parental authority
Art. 229: Unless subsequently revived by a final judgment, Grounds for termination: *for the reinstatement of parental
parental authority also terminates: 1. Adoption – all legal ties are severed an are vested authority judicial declaration is
1. Upon adoption of the child; on the adopter. needed for reinstatement of parental
2. Upon appointment of a general guardian; 2. appointment of guardian authority.
3. Upon judicial declaration of abandonment of the child in a 3. abandonment of child (upon judicial declaration in
case filed for the purpose; a case filed for the purpose)
4. Upon final judgment of a competent court divesting the 4. final judgment from court depriving parental
party concerned of parental authority; or authority
5. Upon judicial declaration of absence or incapacity of the 5. judicial declaration of absence or incapacity of
person exercising parental authority. person
Art. 230: Parental authority is suspended upon conviction of - parental authority is suspended upon conviction of the *parental authority is automatically
the parent or the person exercising the same of a crime parent of a crime that has civil interdiction (loss of rights of reinstated upon service of sentence
which carries with it the penalty of civil interdiction. The parental authority, guardianship to person and property of or pardon.
authority is automatically reinstated upon service of the ward, marital authority, right to manage his property and
penalty or upon pardon or amnesty of the offender. right to dispose of such.
Art. 231: The court in an action filed for the purpose in a Suspension of parental authority (can be from a case *if the degree or seriousness so
related case may also suspend parental authority if the related, offshoot of another case. Does not have to be case warrants parent may be deprived of
parent or the person exercising the same: filed for the purpose) authority.
1.Treats the child with excessive harshness or cruelty 1. treats the child with excessive harshness or *Parental authority may be revived in
2. Gives the child corrupting orders, counsel or example; cruelty a case filed for its purpose or in the
3. Compels the child to beg; or 2. gives child corrupting orders, example or counsel same proceeding if the court finds
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4. Subjects the child or allows him to be subjected to acts of 3. Compels the child to beg that the cause has ceased.
lasciviousness. 4. Subjects or allows him to be subject to acts of
The grounds enumerated above are deemed to include lasciviousness (not actual sexual act, force or
cases, which have resulted from culpable negligence of the intimidation with lewd design)
parent or the person exercising parental authority. * This may include cases where the parent was negligent
If the degree of seriousness so warrants, or the welfare of or didn’t do anything about the situation.
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 has  If the person exercising parental authority has *parental authority cannot be revived
subjected the child or allowed him to be subjected to sexual subjected the child or allowed him to be subjected for sexual abuse.
abuse, such person shall be permanently deprived by the (culpable negligence of a parent) to sexual abuse *RPC: parental authority can be
court of such authority. parental authority will be permanently deprived or suspended up to the
deprived discretion of the courts.
Under RPC: any person entrusted with parental authority
of a child under 16 years of age to deliver, gratuitously or in
consideration of a price, such child to vagrant or beggar,
employs children in exhibitions (circus, carnival, etc.)
Art. 233: The person exercising substitute parental authority Corporal punishment of those with special parental
shall have the same authority over the person of the child as authority:
the parents. - those exercising substitute parental authority will
In no case shall the school administrator, teacher of have all the same rights and authorities over the
individual engaged in child care exercising special parental child (can inflict corporal punishment)
authority inflict corporal punishment upon the 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)
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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 age.
attainment of majority. Unless otherwise provided, Marriage is no longer a ground for emancipation since now
majority commences at the age of eighteen. one can only contract a marriage when they marry.
Art. 236: Emancipation for any cases shall - Parental consent is more in keeping with Filipino culture and *Illegitimate children: liability is
terminate parental authority over the person and tradition. with the mother; the father is only
property of the child who shall then be qualified and - Once emancipated he/she can sue or be sued alone, and is relied upon for support.
responsible for all acts of civil of life, save the responsible and qualified for all acts of civil life
exceptions established by existing laws in special Parent’s liability:
cases. - The father and in case of death or incapacity the mother are
Contracting marriage shall require parental consent responsible for the damages caused by the children between
until the age of 21. 18 and 21 who live in their company.
Nothing in this code shall be construed to derogate - Parents are also subsidiary liable for the acts or omission of
from the duty or responsibility of parents and their emancipated child living in their custody,
guardians for children and wards below twenty-one Guardian’s liability:
years of age mentioned in the second and third - Guardians are liable for damages if the person is under their
paragraphs of Article 2180 of the civil code. 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)
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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
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 can’t 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 their
principally use the surname of the father. dad
Art. 365: An adopted child shall bear the surname of - Adopted children are considered the legitimate child
the adopter. 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 parents Art. 176: illegitimate children shall use the surname of the
shall principally use the surname of the father. If mother and shall be under their parental control.
recognized by only one of the parents, a natural child - Art. 176 however does not apply if the father of the
shall employ the surname of the recognizing parent. illegitimate child is certain as when the said father
Art. 367: Natural children by legal fiction shall categorically admits that the illegitimate common
principally employ the surname of the father. child is his and at the same time such father lives with
the illegitimate child and the mother.
Art. 368: Illegitimate children referred to in Article 287 - Illegitimate children shall principally use the name of Exception: father is certain or
shall bear the surname of the mother. the mother recognizes illegitimate child and the
father lives with the illegitimate child
and mother. Then can use fathers
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surname
Art. 369: Children conceived before the decree - Children conceived before the decree annulling a
annulling a voidable marriage shall principally use the voidable marriage shall use surname of father.
surname of the father. - Decree of annulment is final 15 days after it is made
thus even if the child was born during that 15 day
period the child will still be legitimate.
Art. 370: A married woman may use: Married woman may use:
1. Her maiden first name and surname and add her 1. Her own name
husband's surname, or 2. maiden first name, surname and husbands surname
2. Her maiden first name and her husband's surname or 3. maiden name and her husbands surname
3. Her husband's full name, but prefixing a word 4. husbands full name plus “Mrs.”
indicating that she is his wife, such as "Mrs." * Option is give to the woman.
Art. 371: In case of annulment of marriage, and the In case of annulment:

wife is the guilty party, she shall resume her maiden
name and surname. If she is the innocent spouse, she 1. wife is guilty: shall resume her maiden name
may resume her maiden name and surname. However, 2. innocent: resume her maiden name or continue using
she may choose to continue employing her former her husbands name unless the court decrees
husband's surname, unless: otherwise or if either of them remarries.
1. The court decrees otherwise, or In case of legal separation: wife will continue to use the
2. She or the former husband is married again to name she used prior to separation
another person. Widow: may continue to use deceased husband’s 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 surnames,  If there are similar names, the younger will be obliged Grandsons and direct male
the younger person shall be obliged to use such to use additional names descendants will use:
additional name or surname as will avoid confusion.  If between ascendants and descendants the word 1. add middle name or mothers
“junior” can only be used by a son. surname
Art. 375: In case of identity of names and surnames add roman numerals
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.
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Art. 376: No person can change his name or surname  No change in name or surname without judicial Exception: if it is for merely changing
without judicial authority. authority clerical or typographical error no need
Reasons for change in surname: for judicial authority (must not involve
1. ridiculous name a change in nationality, age, status, or
2. change of civil status sex)
3. to avoid confusion Change in nickname:
*laws do not permit a legitimate child of another to adopt the 1. ridiculous, tainted with
surname of another person even if that person is exercising dishonor, difficult to
parental authority. But if it is an illegitimate child, change of pronounce
surname is permitted 2. habitually used and known
- change of name does not alter family relations, rights by other people as that
or duties, legal capacity, civil status or citizenship. 3. change will avoid confusion.
Art. 377: Usurpation of a name and surname may be  The usurpation or use of a name and surname *usurpation means some injury to the
the subject of an action for damages and other relief. without authority could result in a claim for damages interests of the person (possibility of
Art. 378: The unauthorized or unlawful use of another  Unauthorized or unlawful use of another’s name also confusion of identity etc)
person's surname gives a right of action to the latter. gives right for an action to the latter.
Art. 379: The employment of pen names or stage  Pen names and stage names permitted as long as *stage names cannot be usurped as
names is permitted, provided it is done in good faith and done in good faith and no one gets injured. the people have vested rights in them
there is no injury to third persons. Pen names and stage as well.
names cannot be usurped.
Art. 380: Except as provided in the preceding article, no

person shall use different names and surnames.
Absence:
- at the instance of an interested party the judge may appoint a person to represent him
- judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) –spouse is preferred if no legal
separation.
Declaration of absence - 2 yrs if no news about the absentee
- 5 yrs if absentee left someone in charge
Who may seek declaration - spouse present *judicial declaration shall not take effect until 6
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 can’t alienate/encumber property without
- basis for termination of property regime judicial authority.
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- transfer of exclusive properties to the present spouse

- termination of parental authority
Termination of - when absentee appears of his agent
administration - death of the absentee is proved and his heirs appear
- 3rd person appears with a right over the property
Presumption of death - 7 years for intents and purposes except succession *if the absentee appears or his existence is proven
through absence - 10 yrs for purposes of opening succession he shall recover all his property in the condition they
- if disappeared after the age of 75, 5 years enough are in but cannot claim the fruits or rents.
Presumption of death in - on board a lost vessel during sea voyage, airplane that is *if the absentee is the heir, his share shall accrue to
dangerous situations missing and has not been heard of in 4 years since loss. (if there his co-heirs, unless hi has heirs or a representative.
is a wreckage and person is missing, not 4 years) (right of representation). If absentee reappears he
- Person in the armed forces engaged in war and is missing for 4 has claim to get what was supposed to be his from
years those that got it within the prescriptive period.
- Person in danger of death and existence has not been known for
4 years.
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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 can’t 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
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 4th 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
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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
4. A person of legal age of when younger was treated as adopter’s 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, gov’t.)
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 wasn’t 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, can’t be collaterally attacked
- Decree becomes effective as of the date petition was filed
 Retroacts except when it comes to vicarious liability
- Hearing in adoption cases will be considered confidential and not open to public.
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 won’t get anything.
- No right of representation (Meaning if adopter dies, adoptee can’t 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.
Inter-country Adoption:
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- 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 committee’s proposal unless it is relative or it is for the child’s best interest.
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family, absence the foreign
agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign adoption
agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
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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
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
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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 3rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.
Article 86: Donor may revoke donation 5. Marriage is not celebrated or is void ab initio (including Exception: If the donation is in the marriage
by reason of marriage in the following art. 52-53) settlement it will be revoked by operation of
cases Prescription: law.
- marriage is void: 5 years from Judicial Declaration of Exception: If the marriage is void due to
Nullity (if doesn’t want to give it back, prescribe after 8 Article 40, or Article 44, then automatically
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 spouse Exception: if the ground for legal separation is
Prescription: infidelity in the form of adultery or concubinage
- 5 years from finality of decree. it will be automatically void.
8. When there is a resolutory cause and the condition has Exception: between husband and wife
been complied with prescription does not run.
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- donee commits an offense against the person or property of the
donor, his wife, or children
- donee imputes to the donor any criminal offense involving moral
turpitude unless it against the donee
- donee unduly refuses to support donor when he is legally or
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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 can’t donate to each other Exception: can give moderate gifts.
-also those who cohabitate with each other
Revoked by operation of law:

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 decree of Children born in a valid marriage but is impugned by the father
annulment.
Conceived or born before a voidable marriage is terminated Children conceived or born in a void marriage
Children conceived or born in a void marriage pursuant to article 40, 52, Cannot be legitimated: when from an adulterous relationship
and 53 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
77
not make child legitimate

Children conceived and born prior to the marriage if there are no legal
impediments at that time then the subsequent marriage will make them
legitimate.
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
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.
78
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
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 articulo Within 30 days after the performance of the marriage
mortis or remote residence
Article 38 Action or defense for absolute nullity (anyone can file) Does not prescribe
79
Article 47 For one who obtains a marriage without prior consent after - Any time between 18-21 years old by parents
*If ratified then can no longer be he reaches the age of 21 - 5 years after reaching 21 by the party.
annulled.
Article 47 By the sane spouse without knowledge of insanity, relative, Anytime before the death of either party.
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 live After the laps of 6 months after the filing of the petition.
separately already)
Article 61 After filing of complaint respondent should answer but is not 15 days after receipt of summons
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 donations 5 years after the decree of legal separation becomes
after decree of legal separation 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
80

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Persons and Family Relations 2009 (Atty. Sta.

CIVIL CODE OF THE PHILIPPINES: Preliminary Title

4. When the law is penal in character and is favorable to the accused.

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

Constitutional Protection: The State recognizes the sanctity of

mean that legislature cannot enact a law allowing absolute

Property Relations: Only property relations may be fixed and

issuing the license etc.) get married. Even if both parties

4. Civil Status MARRIAGE APPLICATION: the civil registrar has to process

1. The full name, sex and age of each contracting party

Matters that don’t affect the validity of the marriage:

and may manifest after the marriage. barkada

Who can they marry:

*Without article 40 one cannot perform Article 52.

the declaration of presumptive death of the absentee,

performing his/her marital duties. Mental fitness,

Ratification: Cohabitation after the innocent spouse

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

- There is no cause of action when the child

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

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

abuse of authority. husband.

settlement. However if the agreement is not fair as

spouses shall be governed by Philippine laws, to be made (change title etc.)

from date of contract

The obligations to the family mentioned in the

A spouse is deemed to have abandoned the other

conjugal dwelling for a period of three months or has

do not include disposition or encumbrance without

Art. 125: Neither spouse may donate any conjugal

common children. In case of default of or waiver by Art. 36: psychological incapacity

THE FAMILY AS AN INSTITUTION

shall be recognized or given effect.

For purposes of this Article, urban areas are deemed to

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

PATERNITY AND FILIATION

- If the requirements given are not followed and the

3. Legitime will be ½ of the legitime of a legitimate

When two or more recipients at the same time claim

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

SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY

All other cases not covered by this and the preceding

Criminal liability of parents:

2. petitions for guardianship, custody, habeas corpus

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

Art. 372: When legal separation has been granted, the

Art. 373: A widow may use the deceased husband's

Art. 380: Except as provided in the preceding article, no

- transfer of exclusive properties to the present spouse

ADDITIONAL NOTES AND REVIEW AIDS:

3. Spouses are legally separated

3. Procedures and safeguards not complied with

3. Delivery of basic social services

morally bound to give support.

Revoked by operation of law:

not make child legitimate

Exception to when parents cannot administer property:

 Prohibited compromise: matters which cannot be negotiated nor set by agreement:

Article Contents Deadlines/prescriptions

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