Mnemonics
I. Preliminary Titles
Art. 1CC of the Phils.
Art. 2 15d; publication; OG, np;
Art. 3 Ignorance
Art. 4 no retroactive
Art. 5 against mandatory/prohibitory
Art. 6 rights may be waived (‘cept LOPMC3)
Law, public Order, public Policy, Morals,
good Custom, or prejudicial to the rights of a
3rd person
Art. 7 repeal of laws
Art. 8 judicial decisions
Art. 9 court should render judgment
Art. 10 presumption of lawmaking-body’s
right and justice to prevail
Art. 11 customs against LOP not
countenanced
 Law, public Order, public Policy,
Art. 12 customs proved as fact
Art. 13 time period
Art. 14 penal laws
Art. 15 citizenship principle (FoRDSChooL)
 Family Rights and Duties, Status,
Condition, and Legal Capacity
Art. 16 real, personal property: law of
country (‘cept successional order and amount)
Art. 17 forms and solemnities: laws of
country where executed
Art. 18 Code of Commerce and Special Laws
II. Persons
A. Civil Personality (37-47, FC)
Art. 37 JC, CA
Art. 38 restrictions on capacity to act
(MIDPI)
 Minority, Insanity/Imbecility, Deaf-
mute, Prodigality, Civil Interdiction
Art. 39 modify/limit capacity to act (PAID AT
PIFI)
 Prodigality, Age, Insanity, Deaf-
mute, Alienage, Trusteeship,
Penalty, Family Relations, and
Insolvency
Art. 40 Birth determines personality
Art. 41 Birth requirements
Art. 42 civil personality extinguished by
death
Art. 43 Doubt in succession order
Art. 44 Juridical Persons (SP|ICE|CAP)
 States and political subdivisions
 Public institutions, corporations and
entities
 Private corporations, associations
and partnerships
Art. 45 governs Art. 44
Art. 46 rights of juridical persons (POA)
 May acquire and possess property
 Incur obligations
 Bring civil or criminal actions
Art. 47 dissolution of ICE
B. Use of Surnames (364-380,
CC)
Art. 364 children: surname of father
Art. 365 adopted child: surname of adopter
Art. 366 natural: father if both acknowledge
Art. 367 natural by legal fiction: father’s
Art. 368 illegitimate (Art. 287): mother’s
Art. 369 conceived before decree of
annulment: father’s
Art. 370 married woman may use (3)
 X Y-Zee
 X Zee
 Mrs. A Zee
Art. 371 If annulment, guilty wife shall use
own surname. Innocent may
resume maiden surname, or choose
to continue husband’s, unless: 1)
court decrees otherwise, 2)
subsequent marriage of either
Art. 372 if legal separation, no change of
surname
Art. 373 if widow, may use husband’s
surname
Art. 374 if same names, younger person has
to add name
Art. 375 male descendants
 Jose Crisostomo, Jr.
 Jose P. Crisostomo
 Jose Crisostomo III
Art. 376 no person can change his name
without judicial authority
 Repealed by RA 9048
Art. 377 usurpation of name subject of
action for damages and other relief
Art. 378 unauthorized use=right of action
Art. 379pen names and stage names ok
(GF, 3)
Art. 380 no person shall else use different
names and surnames
C. Emancipation and Age of Art. 395 previous provision without
prejudice to action of petition for
Majority inheritance
RA 6809 lowered age of majority from 21 to Art. 396 those who may have entered upon
18 the inheritance shall appropriate the fruits
received in good faith so long as the
absentee does not appear
D. Absence (381-396, CC)
Provisional Measures in case of absence E. Funerals (305-310, CC)
Art. 381 judge may appoint representation if
person disappears from domicile, Art. 305 duty and right to make
whereabouts unknown and no agent arrangements for funeral order of
appointed support (?)
Art. 382 judge specifies powers, obligation Art. 306 funeral in keeping with social
and remuneration or rep (to safeguard position
absentee’s rights and interests) Art. 307in accordance w/ d’s wishes; beliefs
Art. 383 spouse is preferred as rep if there is Art. 308 no human remains shall be retained
no LS w/o consent (relatives?)
Art. 309 disrespect is liable for damages
Declaration of Absence (MM)
Art. 3842 years, news; 5 years, Art. 310 tombstone/mausoleum part of
administrator funeral expenses, chargeable to conjugal
Art. 385 who can ask for declaration partnership
(SHaRP)
1. Spouse F. Civil Register (407-413)
2. Heirs instituted in a will
3. Relatives (intestate succession) Art. 407 civil status of persons recorded
4. Those who have right over property of (EJA)
absentee  Events, Judicial decrees, Acts
Art. 386 declaration takes effect 6m after Art. 408 following should be entered in civil
pub. register (CLIME has BLAND FLAVAR) (16)
1. Changes of name
Administration of Property of Absentee 2. Loss
Art. 387 administrator appointed (Art. 383) 3. Civil interdiction
Art. 388 administratix-wife can’t 4. Marriages
alienate/encumber w/o judicial authority 5. Emancipation
Art. 389 administration ceases (AD3) 6. Birth
1. Appearance of absentee or agent 7. Legal separations
2. Death is proved and heirs appear 8. Adoptions
3. Third person appears, shows proper 9. Naturalization
document 10. Deaths
11. Judicial determination of
Presumption of death filiation
Art. 390 7y; succession: 10y & if 75 yo, 5y 12. Legitimations
Art. 391 4y; dead for all purposes (VAD) 13. Acknowledgements of
1. A person on board a lost natural children
vessel/aeroplane 14. Void ab initio judgments
2. Armed forces, war, MIA 15. Annulments of marriage
3. Person who has been in danger of 16. Recovery of citizenship
death under other circumstances Art. 409 duty of court to see if
Art. 392 If existence proved, absentee can CLIMEBLANDFLAVAR has been registered
recover the property (but not claim fruits or Art. 410 books of civil registry prima facie
rents) evidence of facts
Art. 411 every civil registrar responsible for
Effect of absence upon contingent rights unauthorized alteration
of absentees Art. 412 No entry in a civil register shall be
Art. 393 must prove existence to acquire changed or corrected w/o judicial order
right  Amended by RA 9048
Art. 394 share shall accrue to co-heirs— Art. 413 all other civil status matters,
inventory of property governed by special laws
CA 625: act providing the manner in which the
option to elect Philippine citizenship shall
be declared by a person whose mother is a
Filipino
PD 651: births and deaths
PD 1083: Muslim Code
PD 856: sanitation
EO 121: reorganizing and strengthening the
Philippine statistical system
RA 9048: act authorizing city/municipal
registrar or consul general to correct a
clerical or typographical error in an entry
and or change of first name or nickname in
the civil registrar without need of court
order
III. Family Relations
A. Introduction
B. Requisites of Marriage (1-
26, FC)
Art. 1 definition of marriage (SUMEFILS-PL)
 Special contract of Permanent union
between a Man and a woman Entered
into in accordance with law for the
establishment of conjugal and family
life. It is the Foundation of the family
and an Inviolable social institution
whose nature, consequences and
incidents are governed by Law and not
subject to Stipulations, except that
marriage settlements may fix Property
relations during the marriage within the
limits provided by this Code.
Art. 2Essential Requisites: LC
1. Legal capacity
2. Consent freely given in the presence of
the solemnizing officer
Art. 3Formal Requisites: ALC
1. Authority of solemnizing officer
2. A valid marriage License (except for
chap. 2 of this title)
3. Marriage Ceremony
Art. 4:
If ER or FR absent=void ab initio
If ER has defect=voidable
If FR has irregularities=valid, but
civil/criminal/administrative liabilities
Art. 5anyone above 18 can contract
marriage (unless under 37 or 38)
Art. 6, FCminimum requirements of marriage
Art. 7, FCauthorized solemnizing officers (5)
(JRCCC)
 Member of judiciary within
jurisdiction, authorized minister of
religious order, ship captain/airplane
chief if point of death, military
commander under Art. 32, and any
consul-general/consul/vice-consul
under Art. 10
Art. 8 where marriage is solemnized
(COCCTO-PDRPB)
 Court or judge’s chambers; chapel,
church or temple; office of consul
 Unless point of death, remote
place, or both parties request in
writing
Art. 9 license issued by registrar or
municipality
Art. 10 abroad: consular official
Art. 11 marriage license application (Fuck,
Please Assist Some Monkeys Crapping
Rubbish For More Garbage) (10)
 Full name, place of birth, age and date
of birth, civil status, previous marriage,
present residence and citizenship,
degree of relationship of contracting
parties, father, mother, guardian
Art. 12 presentation of birth certificate
Art. 13 presentation of death c. or judicial
decree
Art. 14 presentation of consent of FMG in
writing (18-21 yo)
Art. 15 3mo delay of license if parental
advice not obtained; sworn statement (21-25
yo)
Art. 16 3mo delay of license if no certificate
of solemnizing officer/marriage counselor
(18-25 yo)
Art. 17 notice for 10d straight
Art. 18 registrar shall note down
impediment
Art. 19 registrar fees
Art. 20 valid in the Philippines for 120d from
date of issue
Art. 21 if foreigners, certificate of legal
capacity by consular officials
Art. 22 marriage certificate also states
(CCDLCAS)(7)
 Along with declaration that they take
each other as husband and wife
 Full name, sex and age of consenting
parties; citizenship, religion and
habitual residence, date and precise
time of marriage, proper marriage
license, consent, advice, marriage
settlement
Art. 23 duty of solemnizing officer
Art. 24 oaths
Art. 25 applications for marriage licenses
Art. 26 outside the Philippines; law in force
in the country; except prohibited under Art.
35 (1), (4), (5), (6), Arts. 36-38
 If marriage bet. Foreigner and
Filipinovalid divorce by alien, then
Filipino can remarry
C. Marriages exempt from
license requirement (27-
34, FC)
Art. 27 point of death
Art. 28 remote place (no means of transpo)
Art. 29 solemnizing officer’s affidavit for
Arts. 28-29
Art. 30 affidavit must be sent to registrar
w/n 30d
Art. 31 articulo mortis bet. passengers/crew
mems
Art. 32 PoD w/n zone of military ops
Art. 33 Muslims in acc. w/ customs rights
and practices
Art. 34 license not necessary if cohabitation
for 5y w/o legal impediment
D. Void and Voidable marriages
(35-54, FC)
Art. 35ASL, Be My Sweetie
1. Age: under 18, even without consent of
parents
2. Solemnized by anyone not authorized
to do so
3. There is no marriage license
4. Bigamous or polygamous marriage
(except when first spouse has been
absent for four years, or two years
under extraordinary circumstances,
and the remaining spouse has a well-
founded belief that the absent spouse
is dead, and is judicially declared
presumptively dead. (Art. 41))
5. Mistake of identity
6. Subsequent marriages under Art. 53
(Marriage is void when Art. 52 is not
complied with: There must be a
partition and distribution of property
after the judgment of annulment of
declaration of nullity. The presumptive
legitimes of the children must also be
delivered and recorded in the
appropriate civil registry)
Art. 36 psychological incapacity
*In Republic v Molina, 1997 (268 SCRA
198), the Supreme Court held that the actions
of the wife, described by the wife as “highly
immature and habitually quarrelsome who
thought himself as a king to be served,” does
not amount to psychological incapacity. It held
that what existed are mere irreconcilable
differences. It also laid down in this case the
guidelines to be followed by the courts in
interpreting Art. 36.
Guidelines: BREIGGMCC
1. The burden of proof to show the nullity of
the marriage belongs to the plaintiff.
2. The root cause of the psychological
incapacity must be: (a) medically or
clinically identified, (b) alleged in the
complaint, (c) sufficiently proven by the
experts, (d) clearly explained in the
decision. (MAEE)
3. The incapacity must be proven to be
Existing at “the time of the celebration” of
the marriage.
4. Such incapacity must also be shown to be
medically or clinically permanent of
Incurable.
5. Such illness must be Grave enough to bring
about the disability of the party to assume
the essential obligations of marriage.
6. The essential Marital obligations must be
those embraced by Articles 68 up to 71 of
the Family Code as regards the husband
and wife as well as Articles 220, 221, and
225 of the same Code in regard to parents
and their children.
7. Interpretations given by the National
Appellate Matrimonial Tribunal of the
Catholic Church in the Philippines, while
not controlling or decisive, should be given
great respect by our courts.
8. The trial court must order the prosecuting
attorney or fiscal and the Solicitor General
to appear as Counsel for the state. No
decision shall be handed down unless the
Solicitor General issues a certification.
Art. 37 void by because of incest
Art. 38 void because of public policy (9)
(4SIASCLAK)
Art. 39 An action for declaration of nullity of
marriage is imprescriptible.
Art. 40 For purposes of remarriage, the
nullity of a previous marriage may be
invoked solely on the basis of a final
judicial declaration of nullity (JDN) of the
previous marriage.
Art. 41Marriage contracted by any person
during the subsistence of a previous
marriage is VOID
Exception: If the first spouse has been
absent for four consecutive years, or two
years under extraordinary circumstances,
and the surviving spouse has a well-
founded belief that the spouse is dead, and
there is a judicial declaration of
presumptive death, without prejudice to
 the effect of the reappearance of the
absent spouse.
Exception to the exception: When
both parties in the subsequent
marriage acted in bad faith, the
marriage is still void (Art. 44).
Art. 42 subsequent marriage therefore
automatically terminated
Art. 43Effects of Bigamous Marriage:
CPDISD (Come Play Dead In Some Day)
1. Children – considered legitimate
2. Property Regime – dissolved and
liquidated (party in bad faith shall forfeit
his/her share in favor of the common children
or children by a previous marriage, and in case
there are none, to the innocent spouse)
3. Donation propter nuptias – remains valid,
(but if the donee contracted marriage in bad
faith, donations will be revoked)
4. Insurance benefits – innocent spouse may
revoke designation of guilty party as
beneficiary, even if such designation is
irrevocable
5. Succession Rights – Party in bad faith
disqualified to inherit from innocent spouse,
whether testate or intestate
6. Donations - If both parties of subsequent
marriage acted in bad faith, any donations and
testamentary dispositions made by one party
to the other by reason of marriage will be
revoked (Art. 44)
Art. 45 Voidable marriage AUFFPS (Are U
Free For Paid Sex) (Note: ratification
incumbent)
1. One of the parties is 18 or above but below
21, and there is no parental consent. (Age)
2. Either party was of unsound mind (insanity).
3. The consent of either party was obtained
through fraud (different from mistake in
identity): (chps)
a. through non-disclosure of a previous
conviction of a crime involving moral turpitude;
b. through concealment of the wife of the
fact that she was pregnant by another man;
c. through concealment of a sexually-
transmitted disease, even if not serious or
incurable;
d. through concealment of drug addiction,
habitual alcoholism or
homosexuality/lesbianism. (Art.46)
4. The consent of either party was obtained
through force, intimidation, or undue influence.
5. Either party is physically unable to
consummate the marriage (impotence)
(different from sterility).
6. Either party has a serious and incurable
sexually-transmissible disease, even if not
concealed.
*In Buccat v Buccat, the Supreme Court
refused to grant annulment filed by the
husband because his wife gave birth to a baby
a mere 89 days after their marriage. It held
that it is unbelievable that the wife could have
concealed the fact that she was 6 months
pregnant at the time of the marriage.
*However, in Aquino v Delizo, the Supreme
Court granted annulment because the wife
concealed the fact that she was 4 months
pregnant during the time of the marriage. It
argued that since Delizo was “naturally plump,”
Aquino could hardly be expected to know, by
mere looking, whether or not she was pregnant
at the time of the marriage.
Art. 46 circumstances constituting fraud
Art. 47 periods of prescription for annulment
Art. 48Court orders State to prevent
collusion
Art. 49 pendency of action; custody and
support
Art. 50 Art. 43 (CPDISD) also applies to void
and voidable
Art. 51 children’s legitimes delivered in
cash, property, or securities, unless
otherwise provided for
Art. 52 JoPeL recorded in registries
 Final judgment, partition and
distribution of properties of spouses,
delivery of children’s presumptive
legitimes
Art. 53 remarriage after complying with reg
reqs
Art. 54 conceived or born before Art. 36—
legit.
E. Legal Separation (55-67, FC)
Art. 55Legal Separation: VVCCDLSSAA
(Valle-Verde Country Club De La Salle
Super Alumni Association)
BED AND BOARD SEPARATION MAY BE
DECREED WHEN THERE IS (Art. 55):
1. Repeated violence or grossly abusive
conduct directed against petitioner, a
common child, or a child of the petitioner.
2. Physical violence or moral pressure to
compel petitioner to change religious or
political affiliation.
3. Attempt of respondent to corrupt or
induce petitioner, a common child, or child of
petitioner, to engage in prostitution or
connivance in such corruption or inducement.
4. Final judgment sentencing respondent to
(conviction) imprisonment of more than 6
years, even if pardoned (executive pardon, not
pardon from offended party).
5. Drug addiction or habitual alcoholism of
respondent.
  When it existed from the time of
celebration, and concealed from petitioner, can
be a ground for annulment of marriage. When
it occurred only after the marriage, it is only a
ground for legal separation, whether concealed
or not.
6. Lesbianism or homosexuality of
respondent.
ditto on rules on drug addiction.
7. Contracting by respondent of a subsequent
bigamous marriage, whether in the
Philippines of abroad.
8. Sexual infidelity or perversion.
9. Attempt on the life of petitioner by
respondent.
There is no need for criminal
conviction.
10. Abandonment of petitioner by respondent
without justifiable cause for more than one
year.
*In Gandioco v Peñaranda, the Supreme
Court held that in sexual infidelity as a ground
for legal separation, there is no need for prior
conviction for concubinage, because legal
separation only requires a preponderance of
evidence, as opposed to proof beyond
reasonable doubt required in concubinage. In
fact, a civil action for legal separation based on
infidelity may proceed ahead or simultaneously
with the criminal action for concubinage,
Art. 56 Grounds for Legal Separation: 4 C’s,
BP
1. Condonation by aggrieved party
2. Consent by aggrieved party to the
commission of the offense
3. Connivance between parties in the
commission of the offense
4. Mutual guilt in ground for legal
separation
5. Collusion between parties to obtain
decree of legal separation
6. Prescription of action for legal
separation
*Other grounds for denying legal
separation:
7. Death of either party during pendency
of action (Lapuz-Sy v Eufemio)
8. Reconciliation of parties during
pendency of action (Art. 66 par.1)
Art. 57 prescription: 5y w/n occurrence of
cause
Art. 58 no case can be tried before 6m w/n
filing
Art. 59 no legal separation may be decreed
unless Court has taken steps toward
reconciliation of spouses—highly
improbable
Art. 60 none based upon stipulation,
confession
Art. 61 after filing, entitlement to live
separately; court designates administrator
in absence of written agreement
Art. 62 provisions of Art. 49 (custody,
support)
Art. 63 Effects of legal separation (ICLPI
Crave Lolly Pops)
1. Disqualification of guilty spouse from
inheritance by intestate succession.
2. Custody of minor children awarded to
innocent spouse
3. They are entitled to live separately,
but marriage bonds are not dissolved
4. Property regimes (ACP/CPG)
dissolved and liquidated—forfeiture
rule
Art. 64 after finality of decree, innocent
spouse may revoke donations in favor of
guilty spouse (w/n 5 years of finality)
Art. 65reconciliation: joint manifestation
under oath
Art. 66 effects of reconciliation (TS)
1. Legal separation proceedings
terminated at whatever stage
2. Separation of property subsists
unless spouses agree to revive
property regime
Art. 67agreement to revive specifications
F. Rights and Obligations (Arts.
68-73, FC)
Goitia v. Campos Rueda
Wife leaves conjugal home because she was
repeatedly asked by her husband to perform
lascivious acts on his genital organ. Now suing
for support. COURT HELD: wife is entitled to
separate maintenance. She was forced to
leave conjugal home without fault on her part.
Husband cannot relieve himself of the duty
imposed by law.
Art. 68mutual love and support
Art. 69family domicile
Art. 70 spouses jointly responsible for
support of family
Art. 71 management of household right and
duty of both
Art. 72 neglect/act bringing danger dishonor
injury—other party can apply for relief
Art. 73 legitimate profession, occupation,
business or activity unobjectionable, unless
valid serious or moral grounds
G. Property Relations between Art. 102 liquidation procedure of ACP (I
Party Day Night Light Dark)
husband and Wife (74-148, 1. Inventory
FC) 2. Payments of debts and obligations of
ACP—if insufficient, Art. 94
(see other handouts)
3. Delivery of remaining exclusive
Art. 86 revocation of donations (6)(VGALRI
properties
—Very Good Aim, Like Really Ick)
4. Net assets are divided equally unless
1. Void ab initio marriage
stated otherwise
2. Lack of consent from guardian
5. Legitimes of children (presumptive)
3. Annulment—donee acted in bad faith
delivered
4. Legal Separation—guilty spouse donee
6. Dwelling is adjudicated to spouse with
5. Donee committed act of ingratitude
whom majority of the children choose
to remain
Art. 94 liabilities of ACP (10) (So Dana
Dices Tomato Tapas In A Cupboard Of
Art. 129 liquidation procedure of CPG (I
Love)
Always Radically Party Day Midday Night
1. Support of spouse, all children ‘cept
Light Dark)
illegit
2. Debts and obligations contracted
Art. 135 sufficient cause for JSP(6)
during the marriage by administrator-
(CAPASA)
spouse, both spouses, spouse
1. Penalty with civil interdiction
w/consent
2. Spouse has juridically been declared an
3. Debts and obligations contracted by a
absentee
spouse without consent if family
3. Loss of parental authority of spouse
benefited
decreed by court
4. Taxes, liens charges and expenses
4. Abandonment of spouse or failure to
in community property
comply with obligations
5. Taxes and expenses for mere
5. Separation for at leas one year with
preservation upon separate property
high improbability of reconciliation
of either spouse
6. Abuse of power of administration in
6. Expenses for self-improvement
marriage settlements
7. Ante-nuptial debts redounding to the
benefit of the family
8. Value of what is donated/promised in
favor of common legitimate children H. Family (149-162, FC)
for self-improvement
Art. 150 family relations include: (4)
9. Other debts which would be
Art. 151 no suit can prosper unless
considered advances to be deducted
attempted compromise has failed
from share of debtor-spouse upon
liquidation
Art. 152 dwelling house where husband and
10. Expenses of litigation between
wife or unmarried head of a family reside,
spouses (‘cept if groundless)
and where it is situated
Art. 153 from time of constitution, family
Art. 99 termination of ACP (4) (DLVJ)
home exempt from execution, forced sale
1. Death
or attachment except as provided and to
2. Legal separation
extend of value allowed by law
3. Declaration of nullity/annulment
Art. 154 beneficiaries of family home: (2)
4. Judicial separation of property
1. Husband and wife/unmarried head
2. Parents, ascendants, descendants,
Art. 100 & 127 separation de facto (SCA—
siblings who live in the family home
Super California Adventure)
and depend on support
1. Spouse who leaves w/o just cause not
Art. 155execution, forced sale and
entitled to support
attachment allowable if (3) (NPLM—
2. If consent of spouse is required for
NaPaLM)
transaction, judicial authorization can
be obtained in summary proceedings
1. Nonpayment of taxes
3. Absence of community property—
2. Debts incurred prior to constitution of
spouses’ separate property solidarily
family home
liable
 3. Debts secured by mortgages on the
premises before or after such
constitution
4. Debts due to laborers, mechanics,
architects, builders, materialmen…
those who have rendered construction
to building
Art. 156 FH part of property regimes or sep
property with latter’s consent.
Art. 157Actual value shouldn’t exceed
 UrbanP300,000
 RuralP200,000
Art. 158 may be sold/assigned/encumbered
with written consent of owner, spouse, and
majority of beneficiaries of legal age
Art. 159FH shall continue despite death of
(Art. 152), for a period of 10 years or for as
long as there is no minor beneficiary, but
heirs cannot partition the same unless
court finds compelling reasons therefore.
Regardless of ownership.
Art. 160creditor can apply for sale under
execution if court finds actual value of FH
exceeds amount allowed by law
Art. 161a person may constitute, or be the
beneficiary of, only one family home
*may case
I. Paternity and Filiation (163-
182, FC)
Art. 163 filiation may be by nature or by
adoption
Art. 164conceived or born during
marriage=legitimate; sperm donors
Art. 165 conceived or born outside valid
marriage=illegitimate
Art. 166 grounds of impugning legitimacy
(3) (PiliBA)
1. Physical impossibility (1st 120 days of
300 days before birth)
a. Physical incapacity to have
sexual intercourse
b. Living separately
c. Serious illness which
prevented intercourse
2. Biological or Scientific impossibility
3. Artificial Insemination—written
authorization obtained through
mistake, fraud, violence, intimidation,
or undue influence
Art. 167 child may be legit even if mom is
adulteress/says otherwise
Art. 168 If subsequent marriage
 Born within 300d after termination of
1st, 180d before solemnization of
subsequent former marriage
 Born after 180d of celebration of
subsequentsubsequent marriage
Art. 169 burden of proof of legitimacy of
child born after 300d after termination of
marriage on whoever alleges legitimacy
Art. 170 action to impugn legitimacy shall
be brought within one year from knowledge
of birth/recording; 2y if husband/heirs do
not reside there; 3y if not in Phils.; if
concealed, discovery of birth/record,
whichever is earlier
Art. 171 only cases wherein heirs may
impugn (3)
1. If husband should die before expiration
of period
2. If he should die after filing complaint,
w/o having desisted
3. If child was born after death of husband
PROOF of FILIATION
Art. 172filiation is established by: (1) record
of birth, (2) written admission of filiation
signed by parent concerned. If foregoing
absent, legitimate filiation is proven by (1)
open and continuous possession of status
of legit child, (2) any other means allowed
by RoC and special laws
Art. 173 Heirs of children have 5 years to
institute action to claim legitimacy if child
dies while in minority or in a state of
insanity
Art. 174rights of legitimate children (SSS)
1. Surname of both parents
2. Support of parents, ascendants, sibs
3. Successional rights granted by civil
code
ILLEGITIMATE CHILDREN
Art. 175 establish same way as legitimate
children
Art. 176 surname; legitime (1/2 of
legitimate)
LEGITIMATED CHILDREN
Art. 177 only those whose parents had no
legal impediment at the time of the
conception may be legitimated
Art. 178 legitimation takes place by
subsequent valid marriage
Art. 179 same rights as legitimate children
Art. 180 effects retroact to time of child’s
birth
Art. 181 legitimation of child who died
before celebration of subsequent marriage
shall benefit child’s descendants
Art. 182 legitimation may only be impugned
by those whose rights are prejudiced, w/n
5y from the time the cause of their action
accrues.
J. Adoption (183-193, FC)
Art. 183person may adopt if legally
capacitated and w/ full legal rights and civil
capacity, provided he is in the position to
support and care for the children, in
 keeping w/ means of family; only minors;
16y older (unless parent/spouse of parent)
Art. 184 persons who may not adopt (3)
(GMAfsj)
1. Guardian, prior to approval of final
accounts rendered upon termination of
guardianship
2. Someone who has been convicted of
moral turpitude
3. Alien, except
a. Former Filipinorelative by
consanguinity
b. Spouse of Filipinolegit child
of Filipino spouse
c. One seeking to jointly adopt a
relative by consanguinity of the
latter
*aliens not inc. may adopt in acc. w/ inter-
country adoption as provided by law
Art. 185 husband and wife must jointly
adopt, except when (1) own illegitimate
child, (2) legitimate child of the other
spouse
Art. 186 joint parental authority
Art. 187 may not be adopted (3) (LAP)
1. Legal age (‘cept if child by nature or
consistent consideration)
2. Alien w/ no diplomatic relations
3. Person who has previously been
adopted, unless adoption has been
previously revoked or rescinded
Art. 188 written consent of following to
adoption (5)
(10 APLIS)
1. Child to be adopted (10yo or older)
2. Parent by nature, guardian, gov.
instrumentality
3. Legitimate, adopted children of
adopters, 10yo
4. Illegitmate children, if living w/
adopting parent
5. Spouse
Art. 189effects of adoption (3) (RAH)
1. Rights and obligations; surname;
2. Parental authority of parents by
nature terminates
3. Adopted shall remain intestate heir of
parents and other blood relatives
Art. 190 legal/intestate succession of
adopted (6)
1. Legitimate and illegitimate children
and descendants and surviving spouse
2. Parents v. adopters
3. Surviving spouse OR illegitimate
children v. adopters
4. Adopters v. illegitimate children AND
surviving spouse
5. When only adopters survive
6. When only collateral blood relatives of
adopted survive
Art. 191judicial rescission (JR) if minor, if
18+
Art. 192 adopters may petition for JR (2)
(1) Act constituting ground for disinheriting
a descendant
(2) Abandonment; any other repudiation
Art. 193 reinstating of parental authority of
parents by nature
K. Support (194-208, FC)
Art. 194everything indispensable for
(Samantha Dayrit Crisostomo May Eat
Tommy)
 Sustenance, dwelling, clothing,
medical attendance, education
(profession, trade or vocation),
transportation
Art. 195obligated to support each other (5)
1. Spouses
2. Ascendants and descendants
3. Parents and their legitimate children (and
legit/illegit of latter)
4. Parents and their illegit (and legit/illegit of
latter)
5. Legit brothers and sisters
Art. 196brothers not legitimately related are
likewise bound to support except when
need for support is due to a cause
imputable to claimant’s fault or negligence
Art. 197 separate property liable
Art. 198 proceedings for spouses and
children supported by ACP/CPG; final
judgmentmutual support ceases
(exception: LS)
Art. 199liability of support order (Some
Drive A Benz)
 Spousedescendantsascendantsbr
others and sisters
Art. 200 obligation to support divided
between person in proportion to resources
of each; if 2 or more recipients
Art. 201amount of support: proportionate to
resources of giver and necessities of
recipient
Art. 202support would be reduced or
increased proportionately
Art. 203obligation to give support shall be
demandable from the time the person who
has a right to receive the same needs it for
maintenance, but shall not be paid except
from date of judicial or extrajudicial
demand
Art. 204obligation fulfilled by: allowance;
maintaining in dwelling
Art. 205right to receive support shall not be
levied upon on attachment or execution
Art. 206if stranger gives support w/o
knowledge of person obliged, stranger has
right to claim from former (unless no
intention of reimbursement)
Art. 207 any 3rd person may furnish support
when person obliged unjustly refuses/fails
to give when urgently needed—the 3rd
person has right of reimbursement from
person obliged
Art. 208 contractual support/will—excess
beyond legal support is subject to levy on
attachment or execution
L. Parental Authority (209-233,
FC)
Art. 209parental authority and
responsibility: (Can RaCE DoMoMPraWd)
Art. 210PAR may not be renounced or
transferred (‘cept in cases authorized by
law)
Art. 211 joint exercise of PA over children;
father
Art. 212 one spouse: absence, death;
remarriage
Art. 213 separation; child 7yo w/ mom
(unless)
Art. 214 if both parents: death, absence,
unsuitability—surviving grandparent,
designated by court
Art. 215no descendant shall be compelled in
a criminal case to testify against his
parents and grandparents, except when
such testimony is indispensable in a crime,
against the descendant or by one parent
against the other
SUBSITUTE AND SPECIAL PARENTAL
AUTHORITY
Art. 216substitute parental authority in
default of parents or judicially appointed
guardian (GOC)
1. Surviving grandparent
2. Oldest brother or sister (21+;
-unfit/disqualified)
3. Child’s actual custodian (21+;
-unfit/disqualified)
Art. 217foundlings, abandoned, neglected,
abused children—heads of children’s
homes, orphanages and similar institutions
accredited by the proper gov. agency
Art. 218special parental authority: school,
administrators, teachers, individual, entity
or institution engaged in child carewhile
under their supervision, instruction or
custody, inside or outside premises
Art. 219 those w/ special parental authority
principally and solidarily liable for damages
caused by acts or omissions of
unemancipated minor.
 Parents, judicial guardians, sub-PA:
subsidiarily liable.
 All not liable if proved they exercised
proper diligence required
 Everything else—quasi-delicts, CC.
EFFECT OF PA ON CHILDREN
Art. 220rights and duties of parents and
those with PA to unemancipated
children/wards (9) (SLGHGRODD—La
Salle Green Hills has an ODD GRade)
1. Love and affection
2. Support, provide for their upbringing…
3. Moral and spiritual Guidance,
inculcate honesty, integrity, self-
discipline, self-reliance…inspire
compliance with duties of citizenship
4. Enhance, protect, preserve and
maintain physical and mental health
at all times
5. To demand from them respect and
obedience
6. To impose discipline on them
7. To perform other such duties as are
imposed by law
8. to furnish them with good and
wholesome educational materials,
supervise their activities…prevent
them from acquiring habits detrimental
to their health, studies and morals
9. To represent them in all matters
affecting their interests
Art. 221 parents, those exercising PA—civilly
liable for injuries and damages caused
Art. 222 courts may appoint a guardian for
child/property
Art. 223 petition for disciplinary measures
over child
Art. 224 disciplinary measures may include
commitment of child for not more than 30d
in entities or institutions
EFFECT OF PA UPON PROPERTY OF CHILD
Art. 225parents jointly exercise legal
guardianship over property of their
unemancipated common child; if income or
value>P50,000, parents furnish bond not
less than 10 % of the value of the property
Art. 226property of unem. Child earned or
acquired with his work or industry or by
onerous or gratuitous title—child’s in
ownership, devoted to his support and
education unless title provides otherwise
Art. 227 if child manages/administrates
parent’s property—net proceeds belong to
parents; monthly allowance/entire
proceeds (not charged to legitime)
SUSPENSION/TERMINATION OF PA
Art. 228PA terminates permanently (3)
(PCE)
1. Death of parent
2. Death of child
3. Emancipation of child
Art. 229 PA also terminates (but can be
revived by final judgment) (5) (AGAFA)
1. Upon adoption of child
2. Upon appointment of general
guardian
 3. Upon judicial declaration of
abandonment of the child in a case
filed for the purpose
4. Upon final judgment of a competent
court divesting party of PA
5. Upon judicial declaration of absence
or incapacity of person exercising PA
Art. 230 PA suspended upon conviction of
parent or person exercising same of crime
which carries penalty of civil interdiction;
sentence, pardon, amnesty
Art. 231other reasons for suspension of PA
(4) (Hot Cold Big Large)
1. Treats the child with excessive
harshness or cruelty
2. Gives the child corrupting orders,
counsel or example
3. Compels the child to beg
4. Subjects the child or allows him to be
subjected to acts of lascviousness
Art. 232 sexual abuse=permanent
deprivation of PA
Art. 233no corporal punishment for special
PA

M. Emancipation and Age of

Majority (234-237, FC)
Art. 23418yo: age of majority (RA 6809)
Art. 235 repealed by RA 6809
Art. 236 effect of emancipation
Art. 237repealed by RA 6809

N. Summary Judicial
Proceedings (238 253, FC)
Art. 238
Art. 239
Art. 240
Art. 241
Art. 242
Art. 243
Art. 244
Art. 245
Art. 246
Art. 247
Art. 248
Art. 249
Art. 250
Art. 251
Art. 252
Art. 253