Civil Law 1 – Persons and Family Relations
Art 75. The future spouses may, in the marriage
Title IV
PROPERTY RELATIONS BETWEEN HUSBAND AND
WIFE
Chapter 1 – General Provisions
Art. 74. The property relations between husband and wife
shall be governed in the following order:
(1) By marriage settlements executed before the
marriage;
(2) By the provisions of this Code; and
(3) By the local custom.
Notes:
Marriage settlement (ante nuptial)
- a contract entered into by the future spouses
FIXING the MATRIMONIAL PROPERTY
REGIME that should govern during the existence
of the marriage.
- Must generally confine itself merely to
property relations
The nature, consequences and incidents of marriage are
governed by law and not subject to stipulation between
the spouses. This however is not an absolute rule. The
law allows the spouses to fix their property relations
during the marriage through a device known as “marriage
settlement,” subject only to the condition that whatever
settlement they may have must be within the limits
provided by the Family Code.
Since the spouses may fix their property relations during
the marriage by way of a marriage settlement, their
property relations are primarily governed by their
agreement, so long as such agreement is within the
limits provided for by the Family Code and is not
contrary to morals or public policy. In the absence of
a marriage settlement or when the property regime
agreed upon by the spouses in their marriage
settlement is void, the property relations of the spouses
shall primarily be governed by the provisions of the Family
Code.
The possibility that local customs will govern the property
relations of the spouses during the marriage will only
arise if the future spouses execute a marriage settlement
and stipulate therein that the absolute community shall
not exist between them but without providing for the rules
or regime that will govern their property relations.
settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete
separation of property, or any other regime. In the
absence of marriage settlement, or when the regime
agreed upon is void, the system of absolute
community of property as established in this Code
shall govern.
Notes:
Matrimonial Property Regime that may be agreed upon in
the MS:
1. Absolute Community Regime
- Almost everything is owned in common.
2. Relative Community Regime or Conjugal
Partnership of Gains
- Everything earned during marriage belongs to the
conjugal partnership
3. Complete or Absolute Separation
- Each owns his earnings
4. Any other regime
e.g. Dotal or dowry system – wife before marriage
delivers a dowry or property to the husband to
help out in the marriage obligations, but later, at
the end of the marriage, the property or its value
must be returned.
Requisites for a MS:
1. Must be made before the celebration of the
marriage and even modification must also be
made before the wedding.
EXCEPTION: Conversion into the
complete separation of property regime,
is allowed, PROVIDED that there is
judicial approval and no prejudice to
creditors.
2. Must not contain provisions contrary to law,
good morals, good customs, public order, and
public policy, or against the dignity of either
spouse.
3. Must generally confine itself only to property
relations.
4. Must be in writing.
NOTE: MS shall not prejudice third person with
respect to real properties unless the settlement
is recorded in the proper registries of property.
(Art 77)
5. If made by minors, parents must consent by
signing also; if they are incompetents, (e.g.
under civil interdiction) the guardian must consent
and also sign.
Art. 76. In order that any modification in the marriage
settlements may be valid, it must be made before the
celebration of the marriage, subject to the provisions of
Articles 66, 67, 128, 135 and 136.
Notes:
Art. 66 – on consequences of reconciliation of the
spouses in legal separation.
Art. 67 – on conditions for revival of the former property
regime in legal separation.
Art. 128 – on petition for sole administratorship of the
conjugal partnership in case of abandonment by a spouse
or failure to comply with his/her obligations to the family
Art. 135 – grounds for judicial separation of property
Art. 136 – joint petition of spouses for dissolution of
property regime governing their relations.
NOTE: Art 101 (abandonment w/o just cause or failure by
a spouse to comply with obligations to th family should be
included.
Art. 77. The marriage settlements and any
modification thereof shall be in writing, signed by the
parties and executed before the celebration of the
marriage. They shall not prejudice third persons
unless they are registered in the local civil registry where
the marriage contract is recorded as well as in the proper
registries of property.
Notes:
Requisites for MS as well as of its modification in
correlation with Art 81.
1. In writing
2. Signed by the parties thereto
3. Executed before the celebration of the marriage
4. Marriage must be celebrated
5. Duly registered in the civil registry and registry of
property in order to bind third persons.
Art. 78. A minor who according to law may contract
marriage may also execute his or her marriage
settlements, but they shall be valid only if the persons
designated in Article 14 to give consent to the marriage
are made parties to the agreement, subject to the
provisions of Title IX of this Code.
Notes:
~ If one of the future spouses is below 21, in which case
parental consent to the marriage is required, the person
whose consent is required under Article 14 of the Family
Code is also required to be a party to the marriage
settlement, otherwise, the agreement is not valid.
Art. 79. For the validity of any marriage settlements
executed by a person upon whom a sentence of civil
interdiction has been pronounced or who is subject to any
other disability, it shall be indispensable for the
guardian appointed by a competent court to be made
a party thereto.
Art. 80. In the absence of a contrary stipulation in a
marriage settlement, the property relations of the spouses
shall be governed by Philippine laws, regardless of the
place of the celebration of the marriage and their
residence.
This rule shall not apply:
(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.
Notes:
~ The foregoing discussion likewise applies to a marriage
where one of the parties is a Filipino citizen.
Art. 81. Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration of a future marriage, including donations
between the prospective spouses made therein, shall be
rendered void if the marriage does not take place.
However, stipulations that do not depend upon the
celebration of the marriages shall be valid.
Notes:
~ The celebration of the marriage is a condition sine
qua non for the validity of the marriag settlement.
Marriage settlements and donations propter nuptias
- While both are considered contracts in
consideration of marriage, the celebration of the
marriage is more of a resolutory condition in the
latter. In donations propter nuptias, the fact
that the marriage did not take place does not
render the donation void, except if the donation is
contained in the marriage settlement itself. The
fact that the marriage did not take place shall only
give rise to a cause or ground to revoke a
donation propter nuptias. If the same is not
revoked, it continues to be valid.
Rule if child is recognized in the MS:
a. If child is of major age
- Recognition is valid provided that the child gave
his consent. This is so even if no judicial approval
was obtained because the child is already of
major age.
b. If child is a minor
- Minor need not consent, but judicial approval is
needed. If no approval was obtained, recognition
is VOIDABLE and may be ratified by the child
later on inasmuch ass the necessity of judicial
approval is for the benefit of the child.
Chapter 2 – Donations by Reason of Marriage
Art. 82. Donations by reason of marriage are those
which are made before its celebration, in consideration
of the same, and in favor of one or both of the future
spouses.
Notes:
Donations Propter Nuptias
- Wedding gifts, but not all wedding gifts are
donations propter nuptias, for said wedding gifts
may come after the celebration of the marriage.
Requisites for a valid donation propter nuptias:
1. Must be made before the celebration of the
marriage.
2. Must be made in consideration of the same.
3. Must be made in favor of one or both of the future
spouses.
*** If one of the requisites are not complied with, it may
still be valid as an ordinary donation [PROVIDED that all
other essential requisites are complied with], but not as a
donation propter nuptias.
*** Donations MUST be accepted.
Art. 83. These donations are governed by the rules on
ordinary donations established in Title III of Book III of the
Civil Code, insofar as they are not modified by the
following articles.
Notes:
Generally, all rules on ordinary donations apply to
donations propter nuptias.
e.g. A donation propter nuptias of land must be in a public
instrument in order to be valid.
Art. 84. If the future spouses agree upon a regime other
than the absolute community of property, they cannot
donate to each other in their marriage settlements
more than one-fifth of their present property. Any
excess shall be considered void.
Donations of future property shall be governed by the
provisions on testamentary succession and the
formalities of wills.
Notes:
If such donation exceeds this limitation, only the excess
is considered void but the remainder thereof remains
valid. But if the property regime agreed upon in the
marriage settlement is absolute community, the law does
not impose any limitation as to the extent of what may be
donated by one of the future spouses in favor of the other.
If the future spouses did not execute a marriage
settlement prior to the celebration of the marriage,
any donation propter nuptias between them is not
subject to the one-fifth limitation since they will, after
all, be governed by a regime of absolute community by
default pursuant to the provisions of Article 75 of the
Family Code.
Future Property
- Anything which the donor cannot dispose at the
time he makes the donation.
e.g. The land of his father who is still alive.
If the donation of future property is to be made by a third
person, Article 84 of the Family Code does not apply but
Article 751 of the New Civil Code, even if the donation is
one of propter nuptias. In which case, such donation is
prohibited.
Art. 85. Donations by reason of marriage of property
subject to encumbrances shall be valid. In case of
foreclosure of the encumbrance and the property is sold
for less than the total amount of the obligation secured,
the donee shall not be liable for the deficiency. If the
property is sold for more than the total amount of said
obligation, the donee shall be entitled to the excess.
Art. 86. A donation by reason of marriage may be revoked
by the donor in the following cases:
(1) If the marriage is not celebrated or judicially
declared void ab initio except donations made in
the marriage settlements, which shall be
governed by Article 81;
(2) When the marriage takes place without the
consent of the parents or guardian, as required
by law;
(3) When the marriage is annulled, and the donee
acted in bad faith;
(4) Upon legal separation, the donee being the guilty
spouse;
(5) If it is with a resolutory condition and the condition
is complied with;
(6) When the donee has committed an act of
ingratitude as specified by the provisions of the
Civil Code on donations in general.
Art. 87. Every donation or grant of gratuitous
advantage, direct or indirect, between the spouses
during the marriage shall be void, except moderate
gifts which the spouses may give each other on the
occasion of any family rejoicing. The prohibition shall also
apply to persons living together as husband and wife
without a valid marriage.
Notes:
The prohibition applies whatever may be the property
regime that governs the spouses.
The husband and the wife are prohibited from selling
property to each other, and any such sale is considered
void ab initio.
Exception: Article 1490 permits sale between
spouses, in two instances:
(1) when a separation of property was agreed
upon in the marriage settlements; or
(2) when there has been a judicial separation of
property under Article 191.

Although the donation is VOID, not everybody can assail

its validity. Only those prejudiced by the transfer may take
Notes: advantage of the fact that the donation is void.

For donations propter nuptias outside of the marriage

settlement, the mere non-celebration of the marriage
does not affect its validity but such fact only gives rise to
a cause for the revocation of such donations.

If the marriage is judicially declared void ab initio, the

donation propter nuptias remains valid but such fact gives
rise to a ground for the revocation of said donation. By
way of exception, however, if the marriage is judicially
declared void ab initio under Article 40 of the Family
Code, the donation propter nuptias is revoked by
operation of law “if the donee contracted the marriage
in bad faith” or “if both spouses of the subsequent
marriage contracted the marriage in bad faith.”

Resolutory Condition
- also known as condition subsequent, has yhe
effect of extinguishing rights already existing
upon its happening. An obligation subject to a
resolutory condition is immediately demandable
but it is extinguished upon the happening of the
condition. Hence, if a donation propter nuptias is
subject to a resolutory condition and the condition
is fulfilled, the donor acquires a right to revoke the
donation.
 Chapter 3 – System of Absolute Community
Art. 88. The absolute community of property between
spouses shall commence at the precise moment that
the marriage is celebrated. Any stipulation, express or
implied, for the commencement of the community
regime at any other time shall be void.
Art. 89. No waiver of rights, interests, shares and
effects of the absolute community of property during
the marriage can be made except in case of judicial
separation of property.
When the waiver takes place upon a judicial separation of
property, or after the marriage has been dissolved or
annulled, the same shall appear in a public instrument
and shall be recorded as provided in Article 77. The
creditors of the spouse who made such waiver may
petition the court to rescind the waiver to the extent of
the amount sufficient to cover the amount of their credits.
Art. 90. The provisions on co-ownership shall apply to the
absolute community of property between the spouses in
all matters not provided for in this Chapter.
Notes:
Regime of Absolute Community
- spouses are considered co-owners of all
property brought into and acquired during the
marriage which are not otherwise excluded from
the community property either by the provisions
of the Family Code or by the marriage settlement.
This regime will govern the property relations of
the spouses in the following instances:
(1) when it is agreed upon in the marriage
settlement;85
(2) when the spouses did not execute a
marriage settlement
(3) when the regime agreed upon in the
marriage settlement is void.
Provisions of the Family Code on absolute
community (Arts. 88 to 104) shall apply in a
suppletory manner. In all matters not provided
for under the Family Code, the provisions of the
Civil Code on co-ownership (Arts. 484 to 501)
shall also apply. Under the provisions of the Civil
Code on co-ownership, it is provided that if the co-
ownership is created by law, such kind of co-
ownership shall be primarily governed by the special
provisions of law creating it and the provisions of the
Civil Code on co-ownership shall only apply in a
suppletory manner.
The right of each spouse in the net asset(1/2 of
the net asset each) of the community property
does not vest until after the dissolution of the
marriage, or until the dissolution and liquidation
of the interest of each spouse in the community
property, any waiver of such right, interest, share or
effects of the absolute community during the
marriage cannot be made, and if made, the same
shall not produce any legal effect because for a
waiver to be valid, it is required that the person
renouncing must actually have the right which he
renounces.
Art. 91. Unless otherwise provided in this Chapter or
in the marriage settlements, the community
property shall consist of all the property owned
by the spouses at the time of the celebration of the
marriage or acquired thereafter.
Notes:
The properties included in the regime of absolute
community, which are co-owned by the spouses, are
called “community property.” Except for the
properties excluded by the Family Code in Article 92
and those excluded by the spouses in the marriage
settlement, all properties owned by the spouses at
the time of the celebration of the marriage or
acquired during the marriage are community
property.
Art. 92. The following shall be excluded from the
community property:
(1) Property acquired during the marriage
by gratuitous title by either spouse, and
the fruits as well as the income thereof, if
any, unless it is expressly provided by the
donor, testator or grantor that they shall form
part of the community property;
(2) Property for personal and exclusive use
of either spouse. However, jewelry shall form
part of the community property;
(3) Property acquired before the marriage
by either spouse who has legitimate
descendants by a former marriage, and
the fruits as well as the income, if any, of
such property.
Art. 93. Property acquired during the marriage is
presumed to belong to the community, unless it
is proved that it is one of those excluded therefrom.
Notes:
In absolute community, all properties of the
spouses are included in the community property
as a matter of rule, whether the property is acquired
before or after the marriage. This being the case, it
is submitted that proof of acquisition during the
coverture must not be considered a condition sine
qua non for the operation of the presumption in favor
of the absolute community. For the same reason, the
presumption should operate even when there is no
showing as to when property alleged to be
community was acquired.
Art. 94. The absolute community of property
shall be liable for:
(1) The support of the spouses, their common
children, and legitimate children of either spouse;
however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;
(2) All debts and obligations contracted during
the marriage by the designated administrator-
spouse for the benefit of the community, or by
both spouses, or by one spouse with the consent of
the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to the
extent that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including
major or minor repairs, upon the community
property;
(5) All taxes and expenses for mere preservation
made during marriage upon the separate property
of either spouse used by the family;
(6) Expenses to enable either spouse to commence
or complete a professional or vocational course, or
other activity for self-improvement;
(7) Antenuptial debts of either spouse insofar as
they have redounded to the benefit of the family;
(8) The value of what is donated or promised by
both spouses in favor of their common
legitimate children for the exclusive purpose of
commencing or completing a professional or
vocational course or other activity for self-
improvement;
(9) Antenuptial debts of either spouse other than
those falling under paragraph (7) of this Article,
the support of illegitimate children of either
spouse, and liabilities incurred by either spouse
by reason of a crime or a quasi-delict, in case of
absence or insufficiency of the exclusive
property of the debtor-spouse, the payment of
which shall be considered as advances to be
deducted from the share of the debtor-spouse upon
liquidation of the community; and
(10) Expenses of litigation between the spouses
unless the suit is found to be groundless.
If the community property is insufficient to cover the
foregoing liabilities, except those falling under
paragraph (9), the spouses shall be solidarily liable
for the unpaid balance with their separate properties.
Notes:
Children of either spouse must be legitimate for
the support to be charged against the absolute
community.
Art. 95. Whatever may be lost during the marriage
in any game of chance, betting, sweepstakes, or
any other kind of gambling, whether permitted or
prohibited by law, shall be borne by the loser and
shall not be charged to the community but any
winnings therefrom shall form part of the
community property.
Notes:
The gambler bears all the losses, but the winnings
shall go to the absolute community.
Art. 96. The administration and enjoyment of the
community property shall belong to both spouses
jointly. In case of disagreement, the husband’s
decision shall prevail, subject to recourse to the
court by the wife for proper remedy, which must be
availed of within five years from the date of the
contract implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the common properties, the
other spouse may assume sole powers of
administration. These powers do not include the
powers of 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.
Notes:
General Rule: JOINT administration and
enjoyment by both husband and wife
Exception: In case of DISAGREEMENT, the
husband will prevail, subject to recourse to the court
by the wife for the proper remedy.
*** PRESCRIPTIVE PERIOD: FIVE years
from the date of the contract implementing the
husband’s decision.
Second paragraph will apply in cases wherein one
spouse is incapacitated or unable to participate.
Art. 97. Either spouse may dispose by will of his or
her interest in the community property.
Notes:
While the community subsists, either spouse may
not dispose inter vivos of his interest to the extent
of 1/2, UNLESS otherwise stipulated in the marriage
settlement.
He may dispose of such interest only by will (a mortis
causa act) observing:
1. the formalities of a will
2. provisions on legitimes and free portion.
[In this latter case, the disposition is to take effect
upon the death of the testator spouse, at which time,
the community property is already terminated.]
Art. 98. Neither spouse may donate any
community property without the consent of the
other. However, either spouse may, without the
consent of the other, make moderate donations
from the community property for charity or on
occasions of family rejoicing or family distress.
Notes:
Donations from the absolute community need
COMMON CONSENT, EXCEPT if moderate and in
favor of:
1. charity
2. occasions of family rejoicing or family
distress
Art. 99. The absolute community terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared
void; or
(4) In case of judicial separation of property
during the marriage under Article 134 to 138.
Notes:
A property regime, is intended to govern the property
relations of the spouses during the marriage. As
such, its existence is co-terminus with the
marriage.
Art. 100. The separation in fact between husband
and wife shall not affect the regime of absolute
community except that:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient community property,
the separate property of both spouses shall be
solidarily liable for the support of the family. The
spouse present shall, upon proper petition in a
summary proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter’s share.
Notes:
With respect to separation, as a cause for
terminating the absolute community, note that it is
the decree of legal separation which results in the
termination of the absolute community. Hence, a
mere separation de facto between the spouses
does not affect the regime of absolute
community.
Art. 101. If a spouse without just cause abandons
the other or fails to comply with his or her
obligations to the family, the aggrieved spouse
may petition the court for receivership, for
judicial separation of property or for authority to
be the sole administrator of the 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 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.
Notes:
If the separation de facto is attended by
abandonment, the following effects are likewise
produced:
(1) the spouse who leaves the conjugal
home or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) the aggrieved spouse may petition the
court for receivership, for judicial separation of
property or for authority to be the sole administrator
of the absolute community or of the conjugal
partnership, subject to such precautionary
conditions as the court may impose; and
(3) the aggrieved spouse may petition for
legal separation if the abandonment lasts for more
than one (1) year.
Effects of Abandonment without just cause:
With judicial authorization, there may be
1. receivership
2. judicial separation of property
3. sole administration of the absolute
community
***Note the THREE-MONTH period.
Art. 102. Upon dissolution of the absolute
community regime, the following procedure shall
apply:
(1) An inventory shall be prepared, listing
separately all the properties of the absolute
community and the exclusive properties of each
spouse.
(2) The debts and obligations of the absolute
community shall be paid out of its assets. In case
of insufficiency of said assets, the spouses shall
be solidarily liable for the unpaid balance with their
separate properties in accordance with the
provisions of the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of
the spouses shall thereafter be delivered to each of
them.
(4) The net remainder of the properties of the
absolute community shall constitute its net
assets, which shall be divided equally between
husband and wife, unless a different proportion or
division was agreed upon in the marriage
settlements, or unless there has been a voluntary
waiver of such share as provided in this Code. For
purposes of computing the net profits subject to
forfeiture in accordance with Articles 43, No. (2) and
63, No. (2), the said profits shall be the increase in
value between the market value of the community
property at the time of the celebration of the
marriage and the market value at the time of its
dissolution.
(5) The presumptive legitimes of the common
children shall be delivered upon partition, in
accordance with Article 51.
(6) Unless otherwise agreed upon by the parties,
in the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall
be adjudicated to the spouse with whom the
majority of the common children choose to
remain. Children below the age of seven years are
deemed to have chosen the mother, unless the court
has decided otherwise. In case there in no such
majority, the court shall decide, taking into
consideration the best interests of said children.
Notes:
#1 – Separate listing of :
a. absolute community
b. exclusive properties of each spouse
#2 – Take note of the debts and obligations under
Art 94.
#3 – The absolute community or the conjugal
partnership, as the case may be, shall be dissolved
and liquidated. If either spouse contracted the
marriage in bad faith, his/her share of the net profit
shall be forfeited and the rule on Art 43(2) of the
Family Code will be applied.
#4 - “Net assets” is what remains of the community
property after payment of all the charges and
obligations for which the absolute community is
liable. “Net profits” of the absolute community
represents the increase in the market value of the
community property at the time of the celebration of
the marriage and the market value at the time of its
dissolution but minus the charges and obligations for
which the community is liable.
#5 - Legitime is that part of the testator’s property
which he cannot dispose of because the law has
reserved it for certain heirs who are, therefore, called
compulsory heirs. Common children are regarded as
compulsory heirs of their parents, whether they are
legitimate or illegitimate
Hence, they are entitled to their legitimes. Ordinarily,
it is only upon the death of a person that the
existence of compulsory heirs capable of inheriting
is determined, as well as the amount of their
legitimes, since the estate of the deceased can only
be determined with finality at the time of his death.
Exceptionally, however, the Code requires the
delivery of the common children’s presumptive
legitimes upon the liquidation of the absolute
community.
#6 – Who gets the conjugal dwelling or Lot
a. Whatever is agreed upon in the marriage
settlement
b. If no such agreement – the spouse with
whom the majority of the common
children choose to remain.
Art. 103. Upon the termination of the marriage by Chapter 4 – Conjugal Partnership of Gains
death, the community property shall be liquidated in
Art. 105. In case the future spouses agree in the
the same proceeding for the settlement of the estate
marriage settlements that the regime of conjugal
of the deceased.
partnership of gains shall govern their property
If no judicial settlement proceeding is instituted, relations during marriage, the provisions in this
the surviving spouse shall liquidate the community Chapter shall be of supplementary application.
property either judicially or extra-judicially within
one year from the death of the deceased spouse. The provisions of this Chapter shall also apply to
conjugal partnerships of gains already established
If upon the lapse of the said period, no
liquidation is made, any disposition or between spouses before the effectivity of this Code,
without prejudice to vested rights already acquired in
encumbrance involving the community property of
the terminated marriage shall be void. accordance with the Civil Code or other laws, as
provided in Article 256. (n)
Should the surviving spouse contract a
subsequent marriage without compliance with
the foregoing requirements, a mandatory regime of Notes:
complete separation of property shall govern the
property relations of the subsequent marriage. Conjugal Partnership (“ganantial regime” or the
relative community of property)
- a special type of partnership, where the
Notes: husband and wife place in a common
fund the proceeds, products, fruits and
Under the Code, if the marriage is terminated by
income from their separate properties
reason of the death of either spouse, the liquidation
and those acquired by either or both
of the absolute community is mandatory.
spouses through their efforts or by
chance. Upon dissolution of the marriage or
of the partnership, the net gains or benefits
Art. 104. Whenever the liquidation of the community
obtained by either or both spouses shall be
properties of two or more marriages contracted by
divided equally between them, unless
the same person before the effectivity of this Code
otherwise agreed in the marriage settlement.
is carried out simultaneously, the respective capital,
fruits and income of each community shall be - There is no co-ownership between the
determined upon such proof as may be considered
spouses in the properties of the conjugal
according to the rules of evidence. In case of doubt
partnership of gains. This is the reason why
as to which community the existing properties
the rules on coownership do not apply to
belong, the same shall be divided between the
conjugal partnership even in a suppletory
different communities in proportion to the capital and
manner. Rather it is the rule on the contract
duration of each.
partnership shall govern in all that is not in
conflict with what is expressly provided in this
chapter or by in the marriage settlement.
Notes:
Applicability of the Article – only to marriages
contracted BEFORE the effectivity of the Family
Code.
 CONJUGAL ORDINARY Article 109. The following shall be the exclusive
PARTNERSHIP PARTNERSHIP property of each spouse:
No juridical personality Has juridical capacity
Regulated generally by Regulated by 1) That which is brought to the marriage as his or her
law agreement between the own;
parties and only
2) That which each acquires during the marriage by
subsidiarily by law
gratuitous title;
Generally managed by Management depends
the husband upon the stipulation of 3) That which is acquired by right of redemption, by
the parties barter or by exchange with property belonging to
Purpose is not Purpose is for profit only one of the spouses; and
particularly for profit
Few grounds for Many grounds for 4) That which is purchased with exclusive money of
dissolution dissolution . the wife or of the husband.

Art. 106. Under the regime of conjugal partnership

of gains, the husband and wife place in a common Notes:
fund the proceeds, products, fruits and income The conjugal partnership does not produce the
from their separate properties and those acquired by merger of the separate property of each spouse.
either or both spouses through their efforts or by
chance, and, upon dissolution of the marriage or Two kinds of Separate Property:
of the partnership, the net gains or benefits
a. Property by direct acquisition (Pars 1 and 2)
obtained by either or both spouses shall be
(originally exclusive)
divided equally between them, unless otherwise
b. Property by substitution (Pars 3 and 4)
agreed in the marriage settlements.

Article 107. The rules provided in Articles 88 and 89

shall also apply to conjugal partnership of gains.
Notes:
Art. 88. – property regime shall commence at the
precise moment the marriage is celebrated.
Art. 89. – on waiver of rights, interests, shares, and
effects

Art. 108. The conjugal partnership shall be

governed by the rules on the contract of
partnership in all that is not in conflict with what is
expressly determined in this Chapter or by the
spouses in their marriage settlements.
#1 – Brought to the Marriage
- Unlike in the regime of absolute community,
the property of either spouse that he or she
brings to the marriage remains as his or her
exclusive property in the regime of conjugal
partnership of gains, although the fruits
and income thereof are considered
conjugal partnership property. There is
nothing, however, that prevents the future
spouses from including in their conjugal
partnership properties acquired prior to the
marriage. However, the right of the future
spouses to include properties acquired prior
to the marriage in their conjugal partnership
is subject to the following limitations provided
for under the Family Code:
a. The future spouses cannot include in
their conjugal partnership more than one-
fifth of their present property, applying by
analogy the provisions of article 84 of the
Code.
b. properties acquired prior to the marriage
by one of them who has legitimate
descendants in his or her previous
marriage, applying by analogy the
provisions of Article 92, No. (3).
If what is brought by either of the spouse into the
marriage is livestock, the same shall continue to
be exclusive property of the owner spouse. Only the
excess of the number of each kind brought to the
marriage, which shall be determined upon the
dissolution of the partnership, shall be considered
conjugal partnership property.
#2 – Acquired by gratuitous title
- any property acquired by either spouse
during the marriage is to be considered as an
exclusive property if the same is acquired
through gratuitous title. The only difference is
that in absolute community, even the fruits
and income of the property so acquired are
likewise considered exclusive properties. In
conjugal partnership, however, the fruits
and income of the separate properties of
the spouses are part of the conjugal
partnership.
#3 – Acquired by Rights of Redemption
- A property that is acquired by either spouse
through the exercise of a right of redemption
is an exclusive property of the redemptioner-
spouse, regardless of the source of the
money used to redeem said property. If the
source of the money used in the redemption
is the conjugal partnership, it should be
reimbursed by the redemptioner-spouse.
- Whoever had the right gets the property
redeemed.
#4 – By Exchange with other property belonging to
one of the spouses
- Exchange here means barter, not purchase
or sale.
#5 – Purchased with the exclusive money of either
spouse
- Whose money was used over who makes
the purchase.
Art. 110. The spouses retain the ownership,
possession, administration and enjoyment of
their exclusive properties. Either spouse may,
during the marriage, transfer the administration of
his or her exclusive property to the other by
means of a public instrument, which shall be
recorded in the registry of property of the place
where the property is located.
Notes:
The administration of exclusive property belongs to
its owner although the same may be transferred to
the other spouse either voluntarily or upon order of
a competent court for causes authorized under the
law
Such administration, however, does not include
the power to dispose or encumber. Refer to Art
112.
Art. 111. A spouse of age may mortgage, encumber,
alienate or otherwise dispose of his or her exclusive
property, without the consent of the other spouse,
and appear alone in court to litigate with regard to
the same.
Notes:
Spouse must be AT LEAST eighteen (18) years
old.
Art. 112. The alienation of any exclusive property
of a spouse administered by the other
automatically terminates the administration over
such property and the proceeds of the alienation
shall be turned over to the owner-spouse.
Notes:
The proceeds should be turned over.
Art. 113. Property donated or left by will to the
spouses, jointly and with designation of determinate
shares, shall pertain to the donee-spouse as his or
her own exclusive property, and in the absence of
designation, share and share alike, without prejudice
to the right of accretion when proper.
Notes:
If a donation is made jointly to persons who are
not husband and wife the rule is that there is no
accretion, accretion taking place only when so
expressly provided for by the donor. However, if the
donation is made to husband and wife jointly, the
rule is that there is accretion between them if the
contrary has not been provided for by the donor.
Art. 114. If the donations are onerous, the amount
of the charges shall be borne by the exclusive
property of the donee-spouse, whenever they have
been advanced by the conjugal partnership of gains.
Notes:
The onerous donations referred to in article 114 are
those where a burden or charges inferior in value
compared to the property donated is imposed on the
donee. Any payment for the charges shall be
reimbursed.
Art. 115. Retirement benefits, pensions, annuities,
gratuities, usufructs and similar benefits shall be
governed by the rules on gratuitous or onerous
acquisitions as may be proper in each case.
Notes:
The ownership of retirement benefits, pensions,
annuities, gratuities, usufructs and other similar
benefits accumulating during the marriage in favor of
either or both spouses depends on the manner of
its acquisition.
a. If obtained out of pure liberality of the
grantor, then the rule stated in article 109,
No. (2) applies, in which case, the benefit is
to be considered as exclusive property of
the grantee-spouse.
b. If the benefit is simply an accumulation
or deductions from money earned during
the marriage or from salaries of either
spouse, the rule stated in article 117, No. (2)
applies, in which case, the benefit is part of
the conjugal partnership.
Art. 116. All property acquired during the
marriage, whether the acquisition appears to have
been made, contracted or registered in the name of
one or both spouses, is presumed to be conjugal
unless the contrary is proved.
Notes:
Presumption only applies if the acquisition was
during the marriage.
Hence, the presumption is not rebutted by the mere
fact that the certificate of title of the property or the
tax declaration is in the name of one of the spouses
only. What is important is that the acquisition is
made “during the marriage.”
Proof of acquisition of property during the
marriage is a condition sine qua non for the
operation of the presumption in favor of the conjugal
partnership.
Art. 117. The following are conjugal partnership
properties:
(1) Those acquired by onerous title during the
marriage at the expense of the common fund,
whether the acquisition be for the partnership, or for
only one of the spouses;
(2) Those obtained from the labor, industry, work or
profession of either or both of the spouses;
(3) The fruits, natural, industrial, or civil, due or
received during the marriage from the common
property, as well as the net fruits from the
exclusive property of each spouse;
(4) The share of either spouse in the hidden
treasure which the law awards to the finder or owner
of the property where the treasure is found;
(5) Those acquired through occupation such as
fishing or hunting;
(6) Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as
winnings from gambling or betting. However, losses
therefrom shall be borne exclusively by the loser-
spouse.
Notes:
#1 - A two-tiered test may be applied in determining
whether a property acquired during the marriage is
conjugal or exclusive:
(1) the manner of acquisition test (whether
onerous or gratuitous); and
(2) in case of onerous acquisitions, the
source of funds test (whether conjugal funds or
exclusive money).
The foregoing rule does not apply to a property
purchased on installments by either or both
spouses prior to the marriage but the payment
thereof is completed only during the marriage. In this
case, the time when full ownership is vested is what
determines ownership of the property and not the
source of the fund or the time when payment is
completed.
Property obtained during the marriage partly with
conjugal funds and partly with separate funds were
considered partly conjugal and partly exclusive, in
proportion to the respective contribution (Spanish
Civil Code, 1889).
#2 – Property Obtained from Labor, Work, Industry,
or Profession
- Any property obtained by either or both
spouses from their labor, industry, work or
profession belongs to the conjugal
partnership. It is essential, however, that said
wages, salaries, fees or income be earned
during the marriage for them to be
considered conjugal partnership properties
#5 – Property Acquired Through Occupation
- The term “occupation” in article 117, No. (5)
of the Code refers to the mode of acquiring
ownership or dominion by the seizure of
things corporeal which have no owner and
with the intention of acquiring them
according to the rules laid down by law.
- E.g. animals that are object of hunting or
fishing, hidden treasure or abandoned
movables.
- It is important, however, that the property be
acquired through occupation during the
marriage.
Art. 118. Property bought on installments paid
partly from exclusive funds of either or both
spouses and partly from conjugal funds belongs
to the buyer or buyers if full ownership was vested
before the marriage and to the conjugal partnership
if such ownership was vested during the marriage.
In either case, any amount advanced by the
partnership or by either or both spouses shall be
reimbursed by the owner or owners upon liquidation
of the partnership.
Notes:
It is important to determine WHEN full ownership
over the property was vested.
Note the need for REIMBURSEMENT.
Art. 119. Whenever an amount or credit payable
within a period of time belong to one of the spouses,
the sums which may be collected during the
marriage in partial payments or by installments on
the principal shall be the exclusive property of the
spouse. However, interests falling due during the
marriage on the principal shall belong to the
conjugal partnership.
Art. 120. The ownership of improvements,
whether for utility or adornment, made on the
separate property of the spouses at the expense of
the partnership or through the acts or efforts of either
or both spouses shall pertain to the conjugal
partnership, or to the original owner-spouse, subject
to the following rules:
When the cost of the improvement made by the
conjugal partnership and any resulting increase in
value are more than the value of the property at the
time of the improvement, the entire property of one
of the spouses shall belong to the conjugal
partnership, subject to reimbursement of the value
of the property of the owner-spouse at the time of
the improvement; otherwise, said property shall be
retained in ownership by the owner-spouse, likewise
subject to reimbursement of the cost of the
improvement.
In either case, the ownership of the entire property
shall be vested upon the reimbursement, which
shall be made at the time of the liquidation of the
conjugal partnership.
Notes:
Note which is Bigger or Greater
a. The value of the property just before the
improvement was made; or
b. Its value after the improvement including the
cost.
If (a) is greater, the whole thing belongs to the
owner-spouse without prejudice to reimbursement of
the conjugal partnership
If (b) is greater, the whole thing belongs to the
conjugal partnership but the owner-spouse must be
reimbursed.
Art. 121. The conjugal partnership shall be liable for:
(1) The support of the spouses, their common
children, and the legitimate children of either
spouse; however, the support of illegitimate children
shall be governed by the provisions of this Code on
Support;
(2) All debts and obligations contracted during the
marriage by the designated administrator-spouse for
the benefit of the conjugal partnership of gains, or by
both spouses or by one of them with the consent of
the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to the extent
that the family may have been benefited;
(4) All taxes, liens, charges, and expenses, including
major or minor repairs upon the conjugal partnership
property;
(5) All taxes and expenses for mere preservation
made during the marriage upon the separate
property of either spouse;
(6) Expenses to enable either spouse to commence
or complete a professional, vocational, or other
activity for self-improvement;
(7) Antenuptial debts of either spouse insofar as they
have redounded to the benefit of the family;
(8) The value of what is donated or promised by both
spouses in favor of their common legitimate children
for the exclusive purpose of commencing or
completing a professional or vocational course or
other activity for self-improvement; and
(9) Expenses of litigation between the spouses
unless the suit is found to be groundless.
If the conjugal partnership is insufficient to cover the
foregoing liabilities, the spouses shall be solidarily
liable for the unpaid balance with their separate
properties.
Art. 122. The payment of personal debts contracted
by the husband or the wife before or during the
marriage shall not be charged to the conjugal
partnership except insofar as they redounded to the
benefit of the family.
Neither shall the fines and pecuniary indemnities
imposed upon them be charged to the partnership.
However, the payment of personal debts contracted
by either spouse before the marriage, that of fines
and indemnities imposed upon them, as well as the
support of illegitimate children of either spouse, may
be enforced against the partnership assets after the
responsibilities enumerated in the preceding Article
have been covered, if the spouse who is bound
should have no exclusive property or if it should be
insufficient; but at the time of the liquidation of the
partnership, such spouse shall be charged for what
has been paid for the purpose above-mentioned.
Art. 123. Whatever may be lost during the marriage
in any game of chance or in betting, sweepstakes,
or any other kind of gambling whether permitted or
prohibited by law, shall be borne by the loser and
shall not be charged to the conjugal partnership but
any winnings therefrom shall form part of the
conjugal partnership property.
Notes:
The foregoing provisions on conjugal partnership of
gains (Articles 121 to 123) are substantially the
same as those of the absolute community (Articles
94 to 95), hence, whatever has been discussed
under said articles likewise applies in the present
provisions.
Art. 124. The administration and enjoyment of the
conjugal partnership property shall belong to both
spouses jointly. In case of disagreement, the
husband’s decision shall prevail, subject to recourse
to the court by the wife for proper remedy, which
must be availed of within five years from the date of
the contract implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the administration
of the conjugal properties, the other spouse may
assume sole powers of administration. These
powers do not include disposition or encumbrance
without authority of the court or the written consent
of the other spouse. In the absence of such authority
or 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.
Art. 126. The conjugal partnership terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void;
or
(4) In case of judicial separation of property during
the marriage under Articles 134 to 138. (175a)
Art. 127. The separation in fact between husband
and wife shall not affect the regime of conjugal
partnership, except that:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient conjugal partnership
property, the separate property of both spouses
shall be solidarily liable for the support of the family.
The spouse present shall, upon petition in a
summary proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter’s share. (178a)
Art. 128. If a spouse without just cause abandons
the other or fails to comply with his or her obligation
to the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of
property, or for authority to be the sole administrator
of the conjugal partnership property, subject to such
precautionary conditions as the court may impose.
The obligations to the family mentioned in the
preceding paragraph refer to marital, parental or
property relations.
A spouse is deemed to have abandoned the other
when he or she has left the conjugal dwelling without
intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has
failed within the same period to give any information
as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the
conjugal dwelling.
Art. 129. Upon the dissolution of the conjugal children choose to remain. Children below the age
partnership regime, the following procedure shall of seven years are deemed to have chosen the
apply: mother, unless the court has decided otherwise. In
case there is no such majority, the court shall decide,
(1) An inventory shall be prepared, listing separately
taking into consideration the best interests of said
all the properties of the conjugal partnership and the
children.
exclusive properties of each spouse.
Art. 130. Upon the termination of the marriage by
(2) Amounts advanced by the conjugal partnership
death, the conjugal partnership property shall be
in payment of personal debts and obligations of
liquidated in the same proceeding for the settlement
either spouse shall be credited to the conjugal
of the estate of the deceased.
partnership as an asset thereof.
If no judicial settlement proceeding is instituted, the
(3) Each spouse shall be reimbursed for the use of
surviving spouse shall liquidate the conjugal
his or her exclusive funds in the acquisition of
partnership property either judicially or extrajudicially
property or for the value of his or her exclusive
within one year from the death of the deceased
property, the ownership of which has been vested by
spouse. If upon the lapse of the one-year period no
law in the conjugal partnership.
liquidation is made, any disposition or encumbrance
(4) The debts and obligations of the conjugal involving the conjugal partnership property of the
partnership shall be paid out of the conjugal assets. terminated marriage shall be void.
In case of insufficiency of said assets, the spouses
Should the surviving spouse contract a subsequent
shall be solidarily liable for the unpaid balance with
marriage without compliance with the foregoing
their separate properties, in accordance with the
requirements, a mandatory regime of complete
provisions of paragraph (2) of Article 121.
separation of property shall govern the property
(5) Whatever remains of the exclusive properties of relations of the subsequent marriage.
the spouses shall thereafter be delivered to each of
them.
Notes:
(6) Unless the owner had been indemnified from
whatever source, the loss or deterioration of Reiteration of the rules introduced in the absolute
movables used for the benefit of the family, community of property.
belonging to either spouse, even due to fortuitous
event, shall be paid to said spouse from the conjugal
funds, if any.
(7) The net remainder of the conjugal partnership
properties shall constitute the profits, which shall be
divided equally between husband and wife, unless a
different proportion or division was agreed upon in
the marriage settlements or unless there has been a
voluntary waiver or forfeiture of such share as
provided in this Code.
(8) The presumptive legitimes of the common
children shall be delivered upon partition in
accordance with Article 51.
(9) In the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall,
unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of
the common
Art. 131. Whenever the liquidation of the conjugal
partnership properties of two or more marriages
contracted by the same person before the effectivity
of this Code is carried out simultaneously, the
respective capital, fruits and income of each
partnership shall be determined upon such proof as
may be considered according to the rules of
evidence. In case of doubt as to which partnership
the existing properties belong, the same shall be
divided between the different partnerships in
proportion to the capital and duration of each. (189a)
Art. 132. The Rules of Court on the administration of
estates of deceased persons shall be observed in
the appraisal and sale of property of the conjugal
partnership, and other matters which are not
expressly determined in this Chapter. (187a)
Chapter 5 – Separation of Property of the
Spouses and Administration of Common
Property By One Spouse During The Marriage
Art. 134. In the absence of an express declaration
in the marriage settlements, the separation of
property between spouses during the marriage
shall not take place except by judicial order.
Such judicial separation of property may either be
voluntary or for sufficient cause.
Notes:
Separation of property DURING the marriage shall
not take place EXCEPT by judicial order or without
judicial conferment when there is an express
stipulation in the marriage settlements.

Notes:
This rule may also apply to liquidation of the absolute
community of property in case of settlement of a
deceased spouse’s estate.

Art. 133. From the common mass of property

support shall be given to the surviving spouse and to
the children during the liquidation of the inventoried
property and until what belongs to them is delivered;
but from this shall be deducted that amount received
for support which exceeds the fruits or rents
pertaining to them.
Art. 135. Any of the following shall be considered
sufficient cause for judicial separation of
property:
(1) That the spouse of the petitioner has been
sentenced to a penalty which carries with it civil
interdiction;
(2) That the spouse of the petitioner has been
judicially declared an absentee;
(3) That loss of parental authority of the spouse of
petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned
the latter or failed to comply with his or her
obligations to the family as provided for in Article
101;
(5) That the spouse granted the power of
administration in the marriage settlements has
abused that power; and
(6) That at the time of the petition, the spouses have
been separated in fact for at least one year and
reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3),
the presentation of the final judgment against the
guilty or absent spouse shall be enough basis for the
grant of the decree of judicial separation of property.
Notes:
#5 - it is necessary that the power of administration
must be granted to the abusive spouse in the
marriage settlement itself, otherwise the provisions
of paragraph 5 of Article 135 will not apply. As such,
if the power of administration has been assumed
solely by one of the spouses in view of the incapacity
or inability of the other spouse to participate in the
administration of the absolute community or the
conjugal partnership of gains, and not by virtue of
the marriage settlements, any abuse of such power
is not the ground contemplated in Article 135(5) of
the Family Code.
Note also that the aforementioned instances are
exclusive vis-à-vis the preceding article.
Art. 136. The spouses may jointly file a verified
petition with the court for the voluntary dissolution of
the absolute community or the conjugal partnership
of gains, and for the separation of their common
properties.
All creditors of the absolute community or of the
conjugal partnership of gains, as well as the
personal creditors of the spouse, shall be listed in
the petition and notified of the filing thereof. The
court shall take measures to protect the creditors
and other persons with pecuniary interest.
Notes:
Such agreement will not produce any legal effect if
the same is not approved by the courts.
In other words, the agreement of the spouses to
dissolve the absolute community or the conjugal
partnership must be submitted to the court for
approval before it can produce any legal effect.
Note that under the provisions of Article 136 of
the Family Code, the spouses may petition for
separation of property even in the absence of a
sufficient cause.
Art. 137. Once the separation of property has been
decreed, the absolute community or the conjugal
partnership of gains shall be liquidated in conformity
with this Code.
During the pendency of the proceedings for
separation of property, the absolute community or
the conjugal partnership shall pay for the
support of the spouses and their children.
Notes:
Note that when the separation of property is
decreed, the absolute community or the conjugal
partnership shall be liquidated.
Support for the spouses and their children during
pendency of the proceedings shall be taken from the
absolute community or from the conjugal
partnership.
Art. 138. After dissolution of the absolute community
or of the conjugal partnership, the provisions on
complete separation of property shall apply.
Notes:
There is an assumption here that after the
liquidation, the properties that respectively pertain to
the spouses have already been determined.
Art. 139. The petition for separation of property
and the final judgment granting the same shall
be recorded in the proper local civil registries and
registries of property.
Documents to be recorded:
a. Petition for the separation of property
b. FINAL judgement granting the separation
It shall be recorded in the local civil registry and the
registries of property where the property is located.
Art. 140. The separation of property shall not
prejudice the rights previously acquired by creditors.
Notes:
Creditors’ claims must first be satisfied or be
properly secured .
Art. 141. The spouses may, in the same
proceedings where separation of property was
decreed, file a motion in court for a decree reviving
the property regime that existed between them
before the separation of property in any of the
following instances:
(1) When the civil interdiction terminates;
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse
granted the power of administration in the marriage
settlements will not again abuse that power,
authorizes the resumption of said administration;
(4) When the spouse who has left the conjugal home
without a decree of legal separation resumes
common life with the other;
(5) When parental authority is judicially restored to
the spouse previously deprived thereof;
(6) When the spouses who have separated in fact
for at least one year, reconcile and resume
common life; or
(7) When after voluntary dissolution of the
absolute community of property or conjugal
partnership has been judicially decreed upon the
joint petition of the spouses, they agree to the
revival of the former property regime. No
voluntary separation of property may thereafter
be granted. The revival of the former property
regime shall be governed by Article 67.
Notes:
The procedure for the revival of the previous
property regime in case of judicial separation of
property under Articles 135 and 136 is the same as
that provided under Article 67 of the Code.
Art. 142. The administration of all classes of
exclusive property of either spouse may be
transferred by the court to the other spouse:
(1) When one spouse becomes the guardian of the
other;
(2) When one spouse is judicially declared an
absentee;
(3) When one spouse is sentenced to a penalty
which carries with it civil interdiction; or
(4) When one spouse becomes a fugitive from
justice or is in hiding as an accused in a criminal
case.
Art. 144. Separation of property may refer to present
or future property or both. It may be total or partial.
In the latter case, the property not agreed upon as
separate shall pertain to the absolute community.
Art. 145. Each spouse shall own, dispose of,
possess, administer and enjoy his or her own
separate estate, without need of the consent of the
other. To each spouse shall belong all earnings from
his or her profession business or industry and all
fruits, natural, industrial or civil, due or received
during the marriage from his or her separate
property.

If the other spouse is not qualified by reason of

incompetence, conflict of interest, or any other just
cause, the court shall appoint a suitable person to be
the administrator.
Notes:
Art. 146. Both spouses shall bear the family
expenses in proportion to their income, or, in case of
insufficiency or default thereof, to the current market
value of their separate properties.

AGAIN, such power of administration does not, of
course, include the right to alienate or encumber
the exclusive property of the owner-spouse without
court authorization.
Chapter 6 – Regime of Separation of Property
Art. 143. Should the future spouses agree in the
marriage settlements that their property relations
during marriage shall be governed by the regime of
separation of property, the provisions of this Chapter
shall be of suppletory application.
Notes:
System of Separation of Property
- Matrimonial property regime whereby each
spouse shall own, dispose, posses, administer, and
enjoy his or her own separate estate and earnings
without the consent of the other.
The liabilities of the spouses to creditors for family
expenses shall, however, be solidary.
Notes:
The spouses may likewise provide for either total or
partial separation. If the spouses, in their marriage
settlements, agree on a partial separation, or
separation only with respect either to their present or
future property, the property not agreed upon as
separate shall pertain to the absolute community
following the provisions of Articles 75 and 144 of the
Family Code.
Liability to creditors for family expenses is
SOLIDARY.

If no marriage settlement was made, there can be

separation of property during the marriage without
judicial approval.
The system of complete separation of property
CANNOT be later on be converted during the
marriage into conjugal partnership of gains. The
conjugal partnership of gains, however, can be
converted into the separation of property regime
during the marriage provided there is judicial
approval.
Chapter 7 – Property Regime of Unions Without Donated, inherited or purchased properties are not
Marriage covered except in the case of “purchases”, they are
also co-owned if obtained in exchange or
substitution of property acquired by either or both of
Art. 147. When a man and a woman who are them through their work or industry, or through their
capacitated to marry each other, live exclusively wages and salaries.
with each other as husband and wife without the
Art 147 also does not speak of fruits of the separate
benefit of marriage or under a void marriage,
or exclusive properties. However, if said fruits are
their wages and salaries shall be owned by them
the result of the work or industry or either or both of
in equal shares and the property acquired by
the parties, said fruits are owned in common.
both of them through their work or industry shall
be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties
acquired while they lived together shall be presumed
Art. 148. In cases of cohabitation not falling under
to have been obtained by their joint efforts, work or
the preceding Article, only the properties acquired by
industry, and shall be owned by them in equal
both of the parties through their actual joint
shares. For purposes of this Article, a party who did
not participate in the acquisition by the other party contribution of money, property, or industry shall be
owned by them in common in proportion to their
of any property shall be deemed to have
respective contributions. In the absence of proof to
contributed jointly in the acquisition thereof if the
the contrary, their contributions and
former’s efforts consisted in the care and
corresponding shares are presumed to be equal.
maintenance of the family and of the household.
The same rule and presumption shall apply to joint
Neither party can encumber or dispose by acts deposits of money and evidences of credit.
inter vivos of his or her share in the property
If one of the parties is validly married to another,
acquired during cohabitation and owned in common,
his or her share in the co-ownership shall accrue
without the consent of the other, until after the
to the absolute community or conjugal
termination of their cohabitation.
partnership existing in such valid marriage. If the
When only one of the parties to a void marriage is in party who acted in bad faith is not validly married to
good faith, the share of the party in bad faith in another, his or her share shall be forfeited in the
the co-ownership shall be forfeited in favor of their manner provided in the last paragraph of the
common children. In case of default of or waiver by preceding Article.
any or all of the common children or their
The foregoing rules on forfeiture shall likewise apply
descendants, each vacant share shall belong to the
even if both parties are in bad faith.
respective surviving descendants. In the absence of
descendants, such share shall belong to the Notes:
innocent party. In all cases, the forfeiture shall take
place upon termination of the cohabitation. Article 148 of the Code refers to the property regime
of bigamous marriages, adulterous relationships,
Notes: relationships in a state of concubinage, relationships
where both man and woman are married to other
Article applies only if the following requisites are
persons, multiple alliances of the same married
present: BOTH REQUISITES MUST CONCUR
man.
a. Both must be capacitated to marry each
Article 148 also applies when the common-law
other
spouses suffer from a legal impediment to marry or
b. There is no marriage or the marriage is
when they do not live exclusively with each other as
void
husband and wife.
Distribution of Properties
Under article 148, the properties acquired during the
cohabitation shall be distributed as follows:
a. Wages and salaries earned by each party
belong to him or her exclusively;
b. Only the property acquired by both of them
through their actual joint contribution of
money, property or industry shall be owned
in common and in proportion to their
respective contributions.
It must be stressed that actual contribution is
required by this provision, in contrast to Article
147 which states that efforts in the care and
maintenance of the family and household, are
regarded as contributions to the acquisition of
common property by one who has no salary or
income or work or industry.

Mere cohabitation without proof of contribution

will not result in a co-ownership.

c. The share of the party validly married to

another shall accrue to the property regime
of such existing marriage.
d. If the party who has acted in bad faith is not
validly married to another, his or her share
shall be forfeited in the manner already
heretofore expressed.
 Title V
THE FAMILY
Chapter 1 – The Family as an Institution
Art. 149. The family, being the foundation of the
nation, is a basic social institution which public
policy cherishes and protects. Consequently, family
relations are governed by law and no custom,
practice or agreement destructive of the family shall
be recognized or given effect.
Notes:
The Family Code considers the family as a basic
social institution which, by reasons of public policy,
deserves the State’s protection.
Art. 150. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among other ascendants and descendants; and
(4) Among brothers and sisters, whether of the full
or half-blood.
Notes:
The scope and coverage of the term “family
relations” is defined in Article 150, as follows:
(a) between husband and wife;
(b) between parents and children;
(c) among other ascendants and
descendants; and
(d) among brothers and sisters, whether of
the full or half-blood.
According to the Court, this enumeration is exclusive
and defines the operation of Article 151 of the Family
Code. “Sisters-in-law” and “bothers-in-law” are
therefore excluded.
Art. 151. No suit between members of the same
family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts
toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts
were in fact made, the case must be dismissed.
This rule shall not apply to cases which may not be
the subject of compromise under the Civil Code.
Notes:
A brother-in-law or a sister-in-law is a stranger with
respect to the family of their spouses and, as such,
the mandatory requirement of “earnest effort toward
a compromise” does not apply to them.
If a stranger is a party to a case between close
relatives, there is no need to assert or allege earnest
efforts at a compromise.
The rule under Article 151 does not apply to
cases which are not subject to compromise, as
follows:
“Art. 2035. No compromise upon the
following questions shall be valid:
(a) The civil status of persons;
(b) The validity of a marriage or legal
separation;
(c) Any ground for legal separation;
(d) Future support;
(e) The jurisdiction of courts;
(f) Future legitime.”
___________________
R.A. 8369 - An Act Establishing Family Courts,
Granting Them Exclusive Original Jurisdiction
over Child and Family Cases Amending B.P. 129,
As Amended, Otherwise Known as the Judiciary
Reorganization Act of 1980, Appropriating
Funds Thereof and for Other Purposes
(Approved: Oct. 29, 1997)
Jurisdiction of Family Courts:
a. Criminal cases where one or more of the
accused is below eighteen years of age but
not less than nine years of age, or when one
or more of the victims is a minor at the time
of the commission of the offense.
b. Petitions for guardianship, custody of
children, habeas corpus in relation to the
latter.
c. Petition for adoption and revocation thereof
d. Complaints for annulment of marriage,
declaration of nullity of marriage and those
relating to marital status and property
relations
e. Petitions for support and/or
acknowledgement
f. Summary judicial proceeding under the
Family Code (E.O. 209)
g. Petitions for the declaration of status of
children, the suspension, termination, or the
restoration of parental authority, and other
cases cognizable under PD 603, EO 58 (s.
1968) and other related laws.
h. Petitions for the constitution of the family
home
i. Cases against minors under the Dangerous
Drugs Act, as amended
j. Violations of RA 7610
k. Cases od domestic violence against women
and children.
R.A. 8370 – Children’s Television Act
(Approved: Oct. 28, 1997)
The state recognizes the importance and impact of
broadcast media, particularly television programs on
the value formation and intellectual development of
children and must take steps to support and protect
children’s interest by providing television programs
that reflect their needs, concerns, and interests
without exploiting them.
R.A. 9872 – Solo Parents Welfare Act of 2000
(Approved: Nov. 7, 2000)
It is the policy of the State to promote the family as
the foundation of the nation, strengthen its solidarity
and ensure its total development
It shall develop a comprehensive program of
services for solo parents and their children to be
carried out by interrelated government agencies.
R.A. 8980 – Early Childhood Care and
Development Act
(Approved: Dec. 5, 2000)
The State shall institutionalize a National System for
Early Childhood Care and Development (ECCD). It
shall be anchored on complementary strategies for
ECCD that include service delivery for children from
conception to age 6, educating parents and
caregivers, encouraging active involvement of
parents and communities in ECCD programs,
raising awareness about the importance of ECCD,
and promoting community development efforts that
improve the quality of life for young children and
families.
 Chapter 2 – The Family Home

Art. 152. The family home, constituted jointly by the
husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their
family reside, and the land on which it is situated.
Notes:
An apartment without being constituted by husband
and wife cannot be considered family home.
A land is an integral part.
Art. 155. The family home shall be exempt from
execution, forced sale or attachment except:
(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, materialmen and others who have
rendered service or furnished material for the
construction of the building.

Art. 153. The family home is deemed constituted

on a house and lot from the time it is occupied Art. 156. The family home must be part of the
as a family residence. From the time of its properties of the absolute community or the conjugal
constitution and so long as any of its beneficiaries partnership, or of the exclusive properties of either
actually resides therein, the family home continues spouse with the latter’s consent. It may also be
to be such and is exempt from execution, forced constituted by an unmarried head of a family on his
sale or attachment except as hereinafter provided or her own property.
and to the extent of the value allowed by law.
Nevertheless, property that is the subject of a
Notes: conditional sale on installments where
The family enjoys the exemption afforded by Art ownership is reserved by the vendor only to
153 under the conditions therein stated. guarantee payment of the purchase price may be
constituted as a family home.
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person
who is the head of a family; and
(2) Their parents, ascendants, descendants,
brothers and 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.

Notes:
Any of the beneficiaries must actually reside in the
family home.

The above enumeration may include the in-laws

where the family home is constituted jointly by
the husband and wife. But the law definitely
excludes maids and overseers. They are not the
beneficiaries contemplated by the Code.
Consequently, occupancy of a family home by an
overseer is insufficient compliance with the law.
Art. 157. The actual value of the family home
shall not exceed, at the time of its constitution,
the amount of three hundred thousand pesos in
urban areas, and two hundred thousand pesos
in rural areas, or such amounts as may hereafter be
fixed by law.
In any event, if the value of the currency changes
after the adoption of this Code, the value most
favorable for the constitution of a family home shall
be the basis of evaluation.
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.
Notes:
The intent of the law is to exempt the family home
from execution, forced sale or attachment only to the
extent of the value provided for in Article 157. It is for
this reason that the law authorizes the sale of the
family home when a judgment creditor (whose
claims is not among those mentioned in Article 155
of the Family Code) has reasonable grounds to
believe that the family home “is actually worth more
than the maximum amount fixed in Article 157.”
Art. 158. The family home may be sold, alienated,
donated, assigned or encumbered by the owner or
owners thereof with the written consent of the
person constituting the same, the latter’s
spouse, and a majority of the beneficiaries of
legal age. In case of conflict, the court shall decide.
Notes:
There can be no further need for concurrence if all
the beneficiaries are note deemed of legal age.
Art. 159. The family home shall continue despite
the death of one or both spouses or of the
unmarried head of the family for a period of ten
years or for as long as there is a minor
beneficiary, and the heirs cannot partition the
same unless the court finds compelling reasons
therefor. This rule shall apply regardless of whoever
owns the property or constituted the family home.
Notes:
If there is no minor beneficiary, the family home
continues to be as such only for a period of ten years
provided that a beneficiary of legal age actually
resides therein.
Art. 160. When a creditor whose claim is not among
those mentioned in Article 155 obtains a judgment in
his favor, and he has reasonable grounds to believe
that the family home is actually worth more than the
maximum amount fixed in Article 157, he may apply
to the court which rendered the judgment for an
order directing the sale of the property under
execution. The court shall so order if it finds that the
actual value of the family home exceeds the
maximum amount allowed by law as of the time of
its constitution. 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.
Notes:
This article is a recourse to creditors who cannot
make the family home liable to satisfy their claims.
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.

Notes:
Under Article 162 of the Family Code, it is provided
that “the provisions of this Chapter shall also govern
existing family residences insofar as said provisions
are applicable.
 Title VI
PATERNITY AND FILIATION

Chapter 1 – Legitimate Children

Art. 163. The filiation of children may be by nature Art. 164. Children conceived or born during the
or by adoption. Natural filiation may be legitimate or marriage of the parents are legitimate.
illegitimate.
Children conceived as a result of artificial
Notes: insemination of the wife with the sperm of the
husband or that of a donor or both are likewise
Paternity (maternity) – civil status relationship of the legitimate children of the husband and his wife,
father (mother) to the child provided, that both of them authorized or ratified
such insemination in a written instrument
Filiation – civil status or relationship of the child to executed
the father or mother. and signed by them before the birth of the child.
The instrument shall be recorded in the civil registry
Classification of Filiation: together with the birth certificate of the child.
a. By nature- is established by blood
relationship ( can either be legitimate or Notes:
illegitimate)
b. By adoption If there is no presumption of the validity of marriage,
the child concerned cannot invoke presumption of
legitimacy.
Legitimate Children Illegitimate Children
Use of Surname – right Required to use Artificial insemination – medical procedure by which
to bear surname of the mother’s surname the semen is introduced into the vagina by means
father other than copulation for the purpose of procreation.
Parental authority – Under the sole parental
joint parental authority authority of mother
of parents Art. 165. Children conceived and born outside a
Support – preferential No such preference valid marriage are illegitimate, unless otherwise
right to support over provided in this Code.
mother if father’s
means is insufficient
Successional Right – Entitled to ½ of
entitled to inheritance legitimate child’s
inheritance
Beneficiary right under Not primary
SSS and GSIS – beneficiaries
primary beneficiaries
Paternity leave – father No such benefit
is entitled to paternity
leave of 7 days with full
pay
Art. 166. Legitimacy of a child may be impugned
only on the following grounds:
(1) That it was physically impossible for the
husband to have sexual intercourse with his wife
within the first 120 days of the 300 days which
immediately preceded the birth of the child because
of:
(a) the physical incapacity of the husband to
have sexual intercourse with his wife;
(b) the fact that the husband and wife were
living separately in such a way that sexual
intercourse was not possible; or
(c) serious illness of the husband, which
absolutely prevented sexual intercourse.
(2) That it is proved that for biological or other
scientific reasons, the child could not have been
that of the husband, except in the instance
provided in the second paragraph of Article 164; or
(3) That in case of children conceived through
artificial insemination, the written authorization or
ratification of either parent was obtained
through mistake, fraud, violence, intimidation, or
undue influence.
Notes:
The legitimacy of a child cannot be contested by
way of defense or as a collateral issue in another
action for different purpose such as partition and
accounting.
Impotency – inability to have sexual intercourse
Art. 167. The child shall be considered legitimate
although the mother may have declared against its
legitimacy or may have been sentenced as an
adulteress.
Art. 168. If the marriage is terminated and the
mother contracted another marriage within three
hundred days after such termination of the former
marriage, these rules shall govern in the absence of
proof to the contrary:
(1) A child born before one hundred eighty days
after the solemnization of the subsequent
marriage is considered to have been conceived
during the former marriage, provided it be born
within three hundred days after the termination of the
former marriage;
(2) A child born after one hundred eighty days
following the celebration of the subsequent
marriage is considered to have been conceived
during such marriage, even though it be born
within the three hundred days after the
termination of the former marriage.
Notes:
Requisites for the child to be the child of the first
marriage:
a. Child must have been born within 300 days
after the termination of the first marriage
b. Said child must have been born within 180
days after the solemnization of the second
marriage.
Art. 169. The legitimacy or illegitimacy of a child
born after three hundred days following the
termination of the marriage shall be proved by
whoever alleges such legitimacy or illegitimacy.
Art. 170. The action to impugn the legitimacy of
the child shall be brought within one year from
the knowledge of the birth or its recording in the
civil register, if the husband or, in a proper case,
any of his heirs, should reside in the city or
municipality where the birth took place or was
recorded.
If the husband or, in his default, all of his heirs do
not reside at the place of birth as defined in the
first paragraph or where it was recorded, the period
shall be two years if they should reside in the
Philippines; and 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.
Notes:
Art 170 is not applicable to an action to claim
inheritance as legal heirs of the deceased.
Art. 171. The heirs of the husband may impugn the
filiation of the child within the period prescribed in
the preceding article only in the following cases:
(1) If the husband should die before the expiration of
the period fixed for bringing his action;
(2) If he should die after the filing of the complaint,
without having desisted therefrom; or
(3) If the child was born after the death of the
husband.
Notes:
Generally, it is the husband, not the heirs, who may
impugn the legitimacy. HOWEVER, in the three
cases given in this article, the heirs are given the
right.
Upon the expiration of the periods provided in Article
170, the action to impugn the legitimacy of a child
can no longer be brought. The status conferred by
the presumption, therefore, becomes fixed, and can
no longer be questioned.
Chapter 2 – Proof of Filiation
Art. 172. The filiation of legitimate children is
established by any of the following:
(1) The record of birth appearing in the civil register
or a final judgment; or
(2) An admission of legitimate filiation in a public
document or a private handwritten instrument and
signed by the parent concerned.
In the absence of the foregoing evidence, the
legitimate filiation shall be proved by:
(1) The open and continuous possession of the
status of a legitimate child; or
(2) Any other means allowed by the Rules of Court
and special laws.
Notes:
Filiation proceeding – special statutory proceeding,
criminal in form, but in the nature of a civil action to
enforce civil obligation or duty specifically for the
purpose of establishing parentage and the putative
father’s duty to support his illegitimate child.
Means allowed by the Rules of Court:
a. Act or declaration concerning pedigree.
b. Family reputation of tradition concerning
pedigree.
c. Common reputation respecting pedigree.
d. Judicial admission
e. Admissions of a party
f. Admission by silence.
*** Oral evidence may be admitted if the needed
document cannot be presented.
Continuous – there must be a showing of permanent
intention of the supposed father to consider the child
as his own, by continuous and clear manifestation of
paternal affection and care.
Art. 173. The action to claim legitimacy may be
brought by the child during his or her lifetime and
shall be transmitted to the heirs should the child die
during minority or in a state of insanity. In these
cases, the heirs shall have a period of five years
within which to institute the action.
The action already commenced by the child shall
survive notwithstanding the death of either or both of
the parties.
Notes:
Note that this is an action to CLAIM (not impugn)
legitimacy of the child.
Generally, only the child may file the action.
EXCEPTION:
a. If the child dies during minority
b. Child dies during incapacity
c. If the heir will merely continue
the action.
Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the
mother, in conformity with the provisions of the Civil
Code on Surnames;
(2) To receive support from their parents, their
ascendants, and in proper cases, their brothers and
sisters, in conformity with the provisions of this Code
on Support; and
(3) To be entitled to the legitime and other
successional rights granted to them by the Civil
Code.
Notes:
The right to receive support cannot be renounced,
nor can it be transmitted to a third person. Neither
can it be compensated with what the recipient owes
the obligor.
Support is everything that is indispensable for
sustenance, dwelling, clothing, and medical
attendance. It also includes the education of the
person entitled to be supported until he completes
his education or training for some profession, trade
or vocation, even beyond the age of majority.
Legitime of each legitimate child is half of the parents
estate divided by the number of children. The
legitimate must always be given unless the child is
validly disinherited for a legal cause.
Chapter 3 – Illegitimate Children
Art. 175. Illegitimate children may establish their
illegitimate filiation in the same way and on the same
evidence as legitimate children.
The action must be brought within the same
period specified in Article 173, except when the
action is based on the second paragraph of Article
172, in which case the action may be brought during
the lifetime of the alleged parent.
Notes:
The action for compulsory recognition is an ordinary
civil action, not a special proceeding.
The rights of an illegitimate child arose not because
he was the true or real child of his parents but
because under the law, he had been recognized or
acknowledged as such a child.
Art. 176. Illegitimate children shall use the
surname and shall be under the parental
authority of their mother, and shall be entitled to
support in conformity with this Code. However,
illegitimate children may use the surname of
their father if their filiation has been expressly
recognized by the father through the record of birth
appearing in the civil register, or when an admission
in a public document or private handwritten
instrument is made by the father. Provided, the
father has the right to institute an action before the
regular courts to prove non-filiation during his
lifetime. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate
child. (As amended by R.A. No. 9225)
Notes:
Surname & Parental Authority – that of the mother
Legitime – each illegitimate child gets ½ of the
legitime of each legitimate child.
 Chapter 4 – Legitimated Children
Art. 177. Only children conceived and born outside
of wedlock of parents who, at the time of the
conception of the former, were not disqualified by
any impediment to marry each other may be
legitimated.
Notes:
Legitimated child – an illegitimate child who is given
the rights of a legitimate child, provided the following
requisites are present:
a. Conceived and born outside wedlock of
parents who at the time of the conception of
the child , were not disqualified by any
impediment to marry each other.
b. A subsequent valid marriage between the
parents.
If a marriage is voidable, legitimation remains valid.
There need no express recognition of the child.
Art. 178. Legitimation shall take place by a
subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the
legitimation.
Art. 179. Legitimated children shall enjoy the same
rights as legitimate children.
Art. 180. The effects of legitimation shall retroact to
the time of the child’s birth.
Art. 181. The legitimation of children who died
before the celebration of the marriage shall benefit
their descendants.
Art. 182. Legitimation may be impugned only by
those who are prejudiced in their rights, within five
years from the time their cause of action accrues.
Notes:
If, at the time of the child’s conception, the parents
are “disqualified by any impediment to marry each
other,” the child is not legitimated by the subsequent
marriage of the parents. In this situation, the remedy
available to raise the child into the status of
legitimacy is that of adoption.
Article 177 speaks of “any impediment to marry.”
Impediment to marry is a legal obstacle to
contracting a valid marriage137 or a prohibition to
contract marriage established by law between
certain persons. It is believed that the impediments
referred to under this article include any kind of or
any of the impediments enumerated under articles
37 and 38 of the Code. Hence, if a child is conceived
and born outside of wedlock of parents who, at the
time of the child’s conception, were below 18, the
subsequent marriage of the parents after reaching
the age of 18 will not result in the child’s legitimation.
Legitimation shall take place by a subsequent
marriage between the parents of the child referred to
under article 177. In other words, this process does
not require any additional act on the part either of the
child or of the parents except that of the marriage of
the child’s parents. What is essential, however, is
that such marriage must be valid or, at least,
voidable. In the latter kind of marriage, the Code
expressly provides that the annulment of a voidable
marriage shall not affect the legitimation that took
place upon the celebration of the marriage between
the parents. However, if the marriage between the
child’s parents is void ab initio, legitimation is
considered not to have taken place because a void
marriage is deemed as having never to have taken
place.
The rights referred to in article 182 are basically
successional rights. As such, all the other legal or
compulsory heirs of the parents of the legitimated
child are to be considered as proper party to impugn
legitimation.