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Art. 4.

The absence of any of the


Executive Order No. 209 essential or formal requisites shall render
FAMILY CODE OF THE PHILIPPINES the marriage void ab initio, except as
(As amended by EO No. 227 and RA stated in Article 35 (a).
9225)
A defect in any of the essential requisites
shall render the marriage voidable as
I, CORAZON C. AQUINO, President of the provided in Article 45.
Philippines, by virtue of the powers
vested in me by the Constitution, do An irregularity in the formal requisites
hereby order and promulgate the Family shall not affect the validity of the
Code of the Philippines, as follows: marriage but the party or parties
responsible for the irregularity shall be
civilly, criminally administratively liable.
TITLE I (n)
MARRIAGE
Art. 5. Any male or female of the age of
Chapter 1. Requisites of Marriage eighteen years or upwards not under any
of the impediments mentioned in Articles
Article 1. Marriage is a special contract of 37 and 38, may contract marriage. (54a)
permanent union between a man and a
woman entered into in accordance with Art. 6. No prescribed form or religious
law for the establishment of conjugal and rite for the solemnization of the marriage
family life. It is the foundation of the is required. It shall be necessary,
family and an inviolable social institution however, for the contracting parties to
whose nature, consequences, and appear personally before the solemnizing
incidents are governed by law and not officer and declare in the presence of not
subject to stipulation, except that less than two witnesses of legal age that
marriage settlements may fix the they take each other as husband and
property relations during the marriage wife. This declaration shall be contained
within the limits provided by this Code. in the marriage certificate which shall be
(52a) signed by the contracting parties and
their witnesses and attested by the
Art. 2. No marriage shall be valid, unless solemnizing officer.
these essential requisites are present:
(1) Legal capacity of the In case of a marriage in articulo mortis,
contracting parties who must be a when the party at the point of death is
male and a female; and unable to sign the marriage certificate, it
shall be sufficient for one of the
(2) Consent freely given in the witnesses to the marriage to write the
presence of the solemnizing officer. name of said party, which fact shall be
(53a) attested by the solemnizing officer. (55a)
Art. 3. The formal requisites of marriage
are: Art. 7. Marriage may be solemnized by:
(1) Authority of the solemnizing (1) Any incumbent member of the
officer; judiciary within the court's
jurisdiction;
(2) A valid marriage license except
in the cases provided for in (2) Any priest, rabbi, imam, or
Chapter 2 of this Title; and minister of any church or religious
sect duly authorized by his church
(3) A marriage ceremony which or religious sect and registered
takes place with the appearance of with the civil registrar general,
the contracting parties before the acting within the limits of the
solemnizing officer and their written authority granted by his
personal declaration that they take church or religious sect and
each other as husband and wife in provided that at least one of the
the presence of not less than two contracting parties belongs to the
witnesses of legal age. (53a, 55a) solemnizing officer's church or
religious sect; (2) Place of birth;

(3) Any ship captain or airplane (3) Age and date of birth;
chief only in the case mentioned in
Article 31; (4) Civil status;

(4) Any military commander of a (5) If previously married, how,


unit to which a chaplain is when and where the previous
assigned, in the absence of the marriage was dissolved or
latter, during a military operation, annulled;
likewise only in the cases
mentioned in Article 32; (6) Present residence and
citizenship;
(5) Any consul-general, consul or
vice-consul in the case provided in (7) Degree of relationship of the
Article 10. (56a) contracting parties;
Article. 8. The marriage shall be
solemnized publicly in the chambers of (8) Full name, residence and
the judge or in open court, in the church, citizenship of the father;
chapel or temple, or in the office the
consul-general, consul or vice-consul, as (9) Full name, residence and
the case may be, and not elsewhere, citizenship of the mother; and
except in cases of marriages contracted
on the point of death or in remote places (10) Full name, residence and
in accordance with Article 29 of this citizenship of the guardian or
Code, or where both of the parties person having charge, in case the
request the solemnizing officer in writing contracting party has neither father
in which case the marriage may be nor mother and is under the age of
solemnized at a house or place twenty-one years.
designated by them in a sworn The applicants, their parents or
statement to that effect. (57a) guardians shall not be required to exhibit
their residence certificates in any
Art. 9. A marriage license shall be issued formality in connection with the securing
by the local civil registrar of the city or of the marriage license. (59a)
municipality where either contracting
party habitually resides, except in Art. 12. The local civil registrar, upon
marriages where no license is required in receiving such application, shall require
accordance with Chapter 2 of this Title. the presentation of the original birth
(58a) certificates or, in default thereof, the
baptismal certificates of the contracting
Art. 10. Marriages between Filipino parties or copies of such documents duly
citizens abroad may be solemnized by a attested by the persons having custody
consul-general, consul or vice-consul of of the originals. These certificates or
the Republic of the Philippines. The certified copies of the documents by this
issuance of the marriage license and the Article need not be sworn to and shall be
duties of the local civil registrar and of exempt from the documentary stamp
the solemnizing officer with regard to the tax. The signature and official title of the
celebration of marriage shall be person issuing the certificate shall be
performed by said consular official. (75a) sufficient proof of its authenticity.

Art. 11. Where a marriage license is If either of the contracting parties is


required, each of the contracting parties unable to produce his birth or baptismal
shall file separately a sworn application certificate or a certified copy of either
for such license with the proper local civil because of the destruction or loss of the
registrar which shall specify the original or if it is shown by an affidavit of
following: such party or of any other person that
(1) Full name of the contracting such birth or baptismal certificate has
party; not yet been received though the same
has been required of the person having
custody thereof at least fifteen days prior persons having legal charge of them, in
to the date of the application, such party the order mentioned. Such consent shall
may furnish in lieu thereof his current be manifested in writing by the
residence certificate or an instrument interested party, who personally appears
drawn up and sworn to before the local before the proper local civil registrar, or
civil registrar concerned or any public in the form of an affidavit made in the
official authorized to administer oaths. presence of two witnesses and attested
Such instrument shall contain the sworn before any official authorized by law to
declaration of two witnesses of lawful administer oaths. The personal
age, setting forth the full name, manifestation shall be recorded in both
residence and citizenship of such applications for marriage license, and the
contracting party and of his or her affidavit, if one is executed instead, shall
parents, if known, and the place and be attached to said applications. (61a)
date of birth of such party. The nearest
of kin of the contracting parties shall be Art. 15. Any contracting party between
preferred as witnesses, or, in their the age of twenty-one and twenty-five
default, persons of good reputation in shall be obliged to ask their parents or
the province or the locality. guardian for advice upon the intended
marriage. If they do not obtain such
The presentation of birth or baptismal advice, or if it be unfavorable, the
certificate shall not be required if the marriage license shall not be issued till
parents of the contracting parties appear after three months following the
personally before the local civil registrar completion of the publication of the
concerned and swear to the correctness application therefor. A sworn statement
of the lawful age of said parties, as by the contracting parties to the effect
stated in the application, or when the that such advice has been sought,
local civil registrar shall, by merely together with the written advice given, if
looking at the applicants upon their any, shall be attached to the application
personally appearing before him, be for marriage license. Should the parents
convinced that either or both of them or guardian refuse to give any advice,
have the required age. (60a) this fact shall be stated in the sworn
statement. (62a)
Art. 13. In case either of the contracting
parties has been previously married, the Art. 16. In the cases where parental
applicant shall be required to furnish, consent or parental advice is needed, the
instead of the birth or baptismal party or parties concerned shall, in
certificate required in the last preceding addition to the requirements of the
article, the death certificate of the preceding articles, attach a certificate
deceased spouse or the judicial decree of issued by a priest, imam or minister
the absolute divorce, or the judicial authorized to solemnize marriage under
decree of annulment or declaration of Article 7 of this Code or a marriage
nullity of his or her previous marriage. counselor duly accredited by the proper
government agency to the effect that the
In case the death certificate cannot be contracting parties have undergone
secured, the party shall make an marriage counseling. Failure to attach
affidavit setting forth this circumstance said certificates of marriage counseling
and his or her actual civil status and the shall suspend the issuance of the
name and date of death of the deceased marriage license for a period of three
spouse. (61a) months from the completion of the
publication of the application. Issuance of
Art. 14. In case either or both of the the marriage license within the
contracting parties, not having been prohibited period shall subject the
emancipated by a previous marriage, are issuing officer to administrative sanctions
between the ages of eighteen and but shall not affect the validity of the
twenty-one, they shall, in addition to the marriage.
requirements of the preceding articles,
exhibit to the local civil registrar, the Should only one of the contracting
consent to their marriage of their father, parties need parental consent or parental
mother, surviving parent or guardian, or advice, the other party must be present
at the counseling referred to in the
preceding paragraph. (n) Art. 21. When either or both of the
contracting parties are citizens of a
Art. 17. The local civil registrar shall foreign country, it shall be necessary for
prepare a notice which shall contain the them before a marriage license can be
full names and residences of the obtained, to submit a certificate of legal
applicants for a marriage license and capacity to contract marriage, issued by
other data given in the applications. The their respective diplomatic or consular
notice shall be posted for ten consecutive officials.
days on a bulletin board outside the
office of the local civil registrar located in Stateless persons or refugees from other
a conspicuous place within the building countries shall, in lieu of the certificate of
and accessible to the general public. This legal capacity herein required, submit an
notice shall request all persons having affidavit stating the circumstances
knowledge of any impediment to the showing such capacity to contract
marriage to advise the local civil registrar marriage. (66a)
thereof. The marriage license shall be
issued after the completion of the period Art. 22. The marriage certificate, in
of publication. (63a) which the parties shall declare that they
take each other as husband and wife,
Art. 18. In case of any impediment shall also state:
known to the local civil registrar or (1) The full name, sex and age of
brought to his attention, he shall note each contracting party;
down the particulars thereof and his
findings thereon in the application for (2) Their citizenship, religion and
marriage license, but shall nonetheless habitual residence;
issue said license after the completion of
the period of publication, unless ordered (3) The date and precise time of
otherwise by a competent court at his the celebration of the marriage;
own instance or that of any interest
party. No filing fee shall be charged for (4) That the proper marriage
the petition nor a corresponding bond license has been issued according
required for the issuances of the order. to law, except in marriage provided
(64a) for in Chapter 2 of this Title;

Art. 19. The local civil registrar shall (5) That either or both of the
require the payment of the fees contracting parties have secured
prescribed by law or regulations before the parental consent in appropriate
the issuance of the marriage license. No cases;
other sum shall be collected in the nature
of a fee or tax of any kind for the (6) That either or both of the
issuance of said license. It shall, contracting parties have complied
however, be issued free of charge to with the legal requirement
indigent parties, that is those who have regarding parental advice in
no visible means of income or whose appropriate cases; and
income is insufficient for their
subsistence a fact established by their (7) That the parties have entered
affidavit, or by their oath before the local into marriage settlement, if any,
civil registrar. (65a) attaching a copy thereof. (67a)
Art. 23. It shall be the duty of the person
Art. 20. The license shall be valid in any solemnizing the marriage to furnish
part of the Philippines for a period of one either of the contracting parties the
hundred twenty days from the date of original of the marriage certificate
issue, and shall be deemed automatically referred to in Article 6 and to send the
canceled at the expiration of the said duplicate and triplicate copies of the
period if the contracting parties have not certificate not later than fifteen days
made use of it. The expiry date shall be after the marriage, to the local civil
stamped in bold characters on the face of registrar of the place where the marriage
every license issued. (65a) was solemnized. Proper receipts shall be
issued by the local civil registrar to the
solemnizing officer transmitting copies of Art. 28. If the residence of either party is
the marriage certificate. The solemnizing so located that there is no means of
officer shall retain in his file the transportation to enable such party to
quadruplicate copy of the marriage appear personally before the local civil
certificate, the copy of the marriage registrar, the marriage may be
certificate, the original of the marriage solemnized without necessity of a
license and, in proper cases, the affidavit marriage license. (72a)
of the contracting party regarding the
solemnization of the marriage in place Art. 29. In the cases provided for in the
other than those mentioned in Article 8. two preceding articles, the solemnizing
(68a) officer shall state in an affidavit executed
before the local civil registrar or any
Art. 24. It shall be the duty of the local other person legally authorized to
civil registrar to prepare the documents administer oaths that the marriage was
required by this Title, and to administer performed in articulo mortis or that the
oaths to all interested parties without residence of either party, specifying the
any charge in both cases. The documents barrio or barangay, is so located that
and affidavits filed in connection with there is no means of transportation to
applications for marriage licenses shall enable such party to appear personally
be exempt from documentary stamp tax. before the local civil registrar and that
(n) the officer took the necessary steps to
ascertain the ages and relationship of the
Art. 25. The local civil registrar contracting parties and the absence of
concerned shall enter all applications for legal impediment to the marriage. (72a)
marriage licenses filed with him in a
registry book strictly in the order in Art. 30. The original of the affidavit
which the same are received. He shall required in the last preceding article,
record in said book the names of the together with the legible copy of the
applicants, the date on which the marriage contract, shall be sent by the
marriage license was issued, and such person solemnizing the marriage to the
other data as may be necessary. (n) local civil registrar of the municipality
where it was performed within the period
Art. 26. All marriages solemnized outside of thirty days after the performance of
the Philippines, in accordance with the the marriage. (75a)
laws in force in the country where they
were solemnized, and valid there as Art. 31. A marriage in articulo mortis
such, shall also be valid in this country, between passengers or crew members
except those prohibited under Articles 35 may also be solemnized by a ship captain
(1), (4), (5) and (6), 3637 and 38. (17a) or by an airplane pilot not only while the
ship is at sea or the plane is in flight, but
Where a marriage between a Filipino also during stopovers at ports of call.
citizen and a foreigner is validly (74a)
celebrated and a divorce is thereafter
validly obtained abroad by the alien Art. 32. A military commander of a unit,
spouse capacitating him or her to who is a commissioned officer, shall
remarry, the Filipino spouse shall have likewise have authority to solemnize
capacity to remarry under Philippine law. marriages in articulo mortis between
(As amended by Executive Order 227) persons within the zone of military
operation, whether members of the
Chapter 2. Marriages Exempted from armed forces or civilians. (74a)
License Requirement
Art. 33. Marriages among Muslims or
Art. 27. In case either or both of the among members of the ethnic cultural
contracting parties are at the point of communities may be performed validly
death, the marriage may be solemnized without the necessity of marriage
without necessity of a marriage license license, provided they are solemnized in
and shall remain valid even if the ailing accordance with their customs, rites or
party subsequently survives. (72a) practices. (78a)
beginning, whether relationship between
Art. 34. No license shall be necessary for the parties be legitimate or illegitimate:
the marriage of a man and a woman who (1) Between ascendants and
have lived together as husband and wife descendants of any degree; and
for at least five years and without any
legal impediment to marry each other. (2) Between brothers and sisters,
The contracting parties shall state the whether of the full or half blood.
foregoing facts in an affidavit before any (81a)
person authorized by law to administer Art. 38. The following marriages shall be
oaths. The solemnizing officer shall also void from the beginning for reasons of
state under oath that he ascertained the public policy:
qualifications of the contracting parties (1) Between collateral blood
are found no legal impediment to the relatives whether legitimate or
marriage. (76a) illegitimate, up to the fourth civil
degree;
Chapter 3. Void and Voidable
Marriages (2) Between step-parents and
step-children;
Art. 35. The following marriages shall be
void from the beginning: (3) Between parents-in-law and
(1) Those contracted by any party children-in-law;
below eighteen years of age even
with the consent of parents or (4) Between the adopting parent
guardians; and the adopted child;

(2) Those solemnized by any (5) Between the surviving spouse


person not legally authorized to of the adopting parent and the
perform marriages unless such adopted child;
marriages were contracted with
either or both parties believing in (6) Between the surviving spouse
good faith that the solemnizing of the adopted child and the
officer had the legal authority to do adopter;
so;
(7) Between an adopted child and
(3) Those solemnized without a legitimate child of the adopter;
license, except those covered the
preceding Chapter; (8) Between adopted children of
the same adopter; and
(4) Those bigamous or polygamous
marriages not failing under Article (9) Between parties where one,
41; with the intention to marry the
other, killed that other person's
(5) Those contracted through spouse, or his or her own spouse.
mistake of one contracting party as (82)
to the identity of the other; and Art. 39. The action or defense for the
declaration of absolute nullity of a
(6) Those subsequent marriages marriage shall not prescribe. (As
that are void under Article 53. amended by Executive Order 227 and
Art. 36. A marriage contracted by any Republic Act No. 8533; The phrase
party who, at the time of the celebration, "However, in case of marriage celebrated
was psychologically incapacitated to before the effectivity of this Code and
comply with the essential marital falling under Article 36, such action or
obligations of marriage, shall likewise be defense shall prescribe in ten years after
void even if such incapacity becomes this Code shall taken effect"has been
manifest only after its solemnization. (As deleted by Republic Act No. 8533
amended by Executive Order 227) [Approved February 23, 1998]).

Art. 37. Marriages between the following Art. 40. The absolute nullity of a previous
are incestuous and void from the marriage may be invoked for purposes of
remarriage on the basis solely of a final partnership, as the case may be,
judgment declaring such previous shall be dissolved and liquidated,
marriage void. (n) but if either spouse contracted said
marriage in bad faith, his or her
Art. 41. A marriage contracted by any share of the net profits of the
person during subsistence of a previous community property or conjugal
marriage shall be null and void, unless partnership property shall be
before the celebration of the subsequent forfeited in favor of the common
marriage, the prior spouse had been children or, if there are none, the
absent for four consecutive years and the children of the guilty spouse by a
spouse present has a well-founded belief previous marriage or in default of
that the absent spouse was already children, the innocent spouse;
dead. In case of disappearance where
there is danger of death under the (3) Donations by reason of
circumstances set forth in the provisions marriage shall remain valid, except
of Article 391 of the Civil Code, an that if the donee contracted the
absence of only two years shall be marriage in bad faith, such
sufficient. donations made to said donee are
revoked by operation of law;
For the purpose of contracting the
subsequent marriage under the (4) The innocent spouse may
preceding paragraph the spouse present revoke the designation of the other
must institute a summary proceeding as spouse who acted in bad faith as
provided in this Code for the declaration beneficiary in any insurance policy,
of presumptive death of the absentee, even if such designation be
without prejudice to the effect of stipulated as irrevocable; and
reappearance of the absent spouse.
(83a) (5) The spouse who contracted the
subsequent marriage in bad faith
Art. 42. The subsequent marriage shall be disqualified to inherit from
referred to in the preceding Article shall the innocent spouse by testate and
be automatically terminated by the intestate succession. (n)
recording of the affidavit of reappearance Art. 44. If both spouses of the
of the absent spouse, unless there is a subsequent marriage acted in bad faith,
judgment annulling the previous said marriage shall be void ab initio and
marriage or declaring it void ab initio. all donations by reason of marriage and
testamentary dispositions made by one
A sworn statement of the fact and in favor of the other are revoked by
circumstances of reappearance shall be operation of law. (n)
recorded in the civil registry of the
residence of the parties to the Art. 45. A marriage may be annulled for
subsequent marriage at the instance of any of the following causes, existing at
any interested person, with due notice to the time of the marriage:
the spouses of the subsequent marriage (1) That the party in whose behalf
and without prejudice to the fact of it is sought to have the marriage
reappearance being judicially determined annulled was eighteen years of age
in case such fact is disputed. (n) or over but below twenty-one, and
the marriage was solemnized
Art. 43. The termination of the without the consent of the parents,
subsequent marriage referred to in the guardian or person having
preceding Article shall produce the substitute parental authority over
following effects: the party, in that order, unless
(1) The children of the subsequent after attaining the age of twenty-
marriage conceived prior to its one, such party freely cohabited
termination shall be considered with the other and both lived
legitimate; together as husband and wife;

(2) The absolute community of (2) That either party was of


property or the conjugal unsound mind, unless such party
after coming to reason, freely Art. 47. The action for annulment of
cohabited with the other as marriage must be filed by the following
husband and wife; persons and within the periods indicated
herein:
(3) That the consent of either party (1) For causes mentioned in
was obtained by fraud, unless such number 1 of Article 45 by the party
party afterwards, with full whose parent or guardian did not
knowledge of the facts constituting give his or her consent, within five
the fraud, freely cohabited with the years after attaining the age of
other as husband and wife; twenty-one, or by the parent or
guardian or person having legal
(4) That the consent of either party charge of the minor, at any time
was obtained by force, intimidation before such party has reached the
or undue influence, unless the age of twenty-one;
same having disappeared or
ceased, such party thereafter (2) For causes mentioned in
freely cohabited with the other as number 2 of Article 45, by the
husband and wife; same spouse, who had no
knowledge of the other's insanity;
(5) That either party was physically or by any relative or guardian or
incapable of consummating the person having legal charge of the
marriage with the other, and such insane, at any time before the
incapacity continues and appears death of either party, or by the
to be incurable; or insane spouse during a lucid
interval or after regaining sanity;
(6) That either party was afflicted
with a sexually-transmissible (3) For causes mentioned in
disease found to be serious and number 3 of Article 45, by the
appears to be incurable. (85a) injured party, within five years
Art. 46. Any of the following after the discovery of the fraud;
circumstances shall constitute fraud
referred to in Number 3 of the preceding (4) For causes mentioned in
Article: number 4 of Article 45, by the
(1) Non-disclosure of a previous injured party, within five years
conviction by final judgment of the from the time the force,
other party of a crime involving intimidation or undue influence
moral turpitude; disappeared or ceased;

(2) Concealment by the wife of the (5) For causes mentioned in


fact that at the time of the number 5 and 6 of Article 45, by
marriage, she was pregnant by a the injured party, within five years
man other than her husband; after the marriage. (87a)
Art. 48. In all cases of annulment or
(3) Concealment of sexually declaration of absolute nullity of
transmissible disease, regardless of marriage, the Court shall order the
its nature, existing at the time of prosecuting attorney or fiscal assigned to
the marriage; or it to appear on behalf of the State to
take steps to prevent collusion between
(4) Concealment of drug addiction, the parties and to take care that
habitual alcoholism or evidence is not fabricated or suppressed.
homosexuality or lesbianism
existing at the time of the In the cases referred to in the preceding
marriage. paragraph, no judgment shall be based
No other misrepresentation or deceit as upon a stipulation of facts or confession
to character, health, rank, fortune or of judgment. (88a)
chastity shall constitute such fraud as
will give grounds for action for the Art. 49. During the pendency of the
annulment of marriage. (86a) action and in the absence of adequate
provisions in a written agreement
between the spouses, the Court shall absolute nullity shall be considered as
provide for the support of the spouses advances on their legitime. (n)
and the custody and support of their
common children. The Court shall give Art. 52. The judgment of annulment or of
paramount consideration to the moral absolute nullity of the marriage, the
and material welfare of said children and partition and distribution of the
their choice of the parent with whom properties of the spouses and the
they wish to remain as provided to in delivery of the children's presumptive
Title IX. It shall also provide for legitimes shall be recorded in the
appropriate visitation rights of the other appropriate civil registry and registries of
parent. (n) property; otherwise, the same shall not
affect third persons. (n)
Art. 50. The effects provided for by
paragraphs (2), (3), (4) and (5) of Art. 53. Either of the former spouses
Article 43 and by Article 44 shall also may marry again after compliance with
apply in the proper cases to marriages the requirements of the immediately
which are declared ab initio or annulled preceding Article; otherwise, the
by final judgment under Articles 40 and subsequent marriage shall be null and
45. void.

The final judgment in such cases shall Art. 54. Children conceived or born
provide for the liquidation, partition and before the judgment of annulment or
distribution of the properties of the absolute nullity of the marriage under
spouses, the custody and support of the Article 36 has become final and
common children, and the delivery of executory shall be considered legitimate.
third presumptive legitimes, unless such Children conceived or born of the
matters had been adjudicated in previous subsequent marriage under Article 53
judicial proceedings. shall likewise be legitimate.

All creditors of the spouses as well as of TITLE II


the absolute community or the conjugal LEGAL SEPARATION
partnership shall be notified of the
proceedings for liquidation. Art. 55. A petition for legal separation
may be filed on any of the following
In the partition, the conjugal dwelling grounds:
and the lot on which it is situated, shall (1) Repeated physical violence or
be adjudicated in accordance with the grossly abusive conduct directed
provisions of Articles 102 and 129. against the petitioner, a common
child, or a child of the petitioner;
Art. 51. In said partition, the value of the
presumptive legitimes of all common (2) Physical violence or moral
children, computed as of the date of the pressure to compel the petitioner
final judgment of the trial court, shall be to change religious or political
delivered in cash, property or sound affiliation;
securities, unless the parties, by mutual
agreement judicially approved, had (3) Attempt of respondent to
already provided for such matters. corrupt or induce the petitioner, a
common child, or a child of the
The children or their guardian or the petitioner, to engage in
trustee of their property may ask for the prostitution, or connivance in such
enforcement of the judgment. corruption or inducement;

The delivery of the presumptive legitimes (4) Final judgment sentencing the
herein prescribed shall in no way respondent to imprisonment of
prejudice the ultimate successional rights more than six years, even if
of the children accruing upon the death pardoned;
of either of both of the parents; but the
value of the properties already received (5) Drug addiction or habitual
under the decree of annulment or alcoholism of the respondent;
toward the reconciliation of the spouses
(6) Lesbianism or homosexuality of and is fully satisfied, despite such efforts,
the respondent; that reconciliation is highly improbable.
(n)
(7) Contracting by the respondent
of a subsequent bigamous Art. 60. No decree of legal separation
marriage, whether in the shall be based upon a stipulation of facts
Philippines or abroad; or a confession of judgment.

(8) Sexual infidelity or perversion; In any case, the Court shall order the
prosecuting attorney or fiscal assigned to
(9) Attempt by the respondent it to take steps to prevent collusion
against the life of the petitioner; or between the parties and to take care that
the evidence is not fabricated or
(10) Abandonment of petitioner by suppressed. (101a)
respondent without justifiable
cause for more than one year. Art. 61. After the filing of the petition for
For purposes of this Article, the term legal separation, the spouses shall be
"child" shall include a child by nature or entitled to live separately from each
by adoption. (9a) other.

Art. 56. The petition for legal separation The court, in the absence of a written
shall be denied on any of the following agreement between the spouses, shall
grounds: designate either of them or a third
(1) Where the aggrieved party has person to administer the absolute
condoned the offense or act community or conjugal partnership
complained of; property. The administrator appointed by
the court shall have the same powers
(2) Where the aggrieved party has and duties as those of a guardian under
consented to the commission of the the Rules of Court. (104a)
offense or act complained of;
Art. 62. During the pendency of the
(3) Where there is connivance action for legal separation, the provisions
between the parties in the of Article 49 shall likewise apply to the
commission of the offense or act support of the spouses and the custody
constituting the ground for legal and support of the common children.
separation; (105a)

(4) Where both parties have given Art. 63. The decree of legal separation
ground for legal separation; shall have the following effects:
(1) The spouses shall be entitled to
(5) Where there is collusion live separately from each other,
between the parties to obtain but the marriage bonds shall not
decree of legal separation; or be severed;

(6) Where the action is barred by (2) The absolute community or the
prescription. (100a) conjugal partnership shall be
Art. 57. An action for legal separation dissolved and liquidated but the
shall be filed within five years from the offending spouse shall have no
time of the occurrence of the cause. right to any share of the net profits
(102) earned by the absolute community
or the conjugal partnership, which
Art. 58. An action for legal separation shall be forfeited in accordance
shall in no case be tried before six with the provisions of Article 43(2);
months shall have elapsed since the
filing of the petition. (103) (3) The custody of the minor
children shall be awarded to the
Art. 59. No legal separation may be innocent spouse, subject to the
decreed unless the Court has taken steps provisions of Article 213 of this
Code; and civil registries. (108a)

(4) The offending spouse shall be Art. 67. The agreement to revive the
disqualified from inheriting from former property regime referred to in the
the innocent spouse by intestate preceding Article shall be executed under
succession. Moreover, provisions in oath and shall specify:
favor of the offending spouse made (1) The properties to be
in the will of the innocent spouse contributed anew to the restored
shall be revoked by operation of regime;
law. (106a)
Art. 64. After the finality of the decree of (2) Those to be retained as
legal separation, the innocent spouse separated properties of each
may revoke the donations made by him spouse; and
or by her in favor of the offending
spouse, as well as the designation of the (3) The names of all their known
latter as beneficiary in any insurance creditors, their addresses and the
policy, even if such designation be amounts owing to each.
stipulated as irrevocable. The revocation The agreement of revival and the motion
of the donations shall be recorded in the for its approval shall be filed with the
registries of property in the places where court in the same proceeding for legal
the properties are located. Alienations, separation, with copies of both furnished
liens and encumbrances registered in to the creditors named therein. After due
good faith before the recording of the hearing, the court shall, in its order, take
complaint for revocation in the registries measure to protect the interest of
of property shall be respected. The creditors and such order shall be
revocation of or change in the recorded in the proper registries of
designation of the insurance beneficiary properties.
shall take effect upon written notification
thereof to the insured. The recording of the ordering in the
registries of property shall not prejudice
The action to revoke the donation under any creditor not listed or not notified,
this Article must be brought within five unless the debtor-spouse has sufficient
years from the time the decree of legal separate properties to satisfy the
separation become final. (107a) creditor's claim. (195a, 108a)

Art. 65. If the spouses should reconcile, TITLE III


a corresponding joint manifestation RIGHTS AND OBLIGATIONS
under oath duly signed by them shall be BETWEEN HUSBAND AND WIFE
filed with the court in the same
proceeding for legal separation. (n)
Art. 68. The husband and wife are
Art. 66. The reconciliation referred to in obliged to live together, observe mutual
the preceding Articles shall have the love, respect and fidelity, and render
following consequences: mutual help and support. (109a)
(1) The legal separation
proceedings, if still pending, shall Art. 69. The husband and wife shall fix
thereby be terminated at whatever the family domicile. In case of
stage; and disagreement, the court shall decide.

(2) The final decree of legal The court may exempt one spouse from
separation shall be set aside, but living with the other if the latter should
the separation of property and any live abroad or there are other valid and
forfeiture of the share of the guilty compelling reasons for the exemption.
spouse already effected shall However, such exemption shall not apply
subsist, unless the spouses agree if the same is not compatible with the
to revive their former property solidarity of the family. (110a)
regime.
The court's order containing the Art. 70. The spouses are jointly
foregoing shall be recorded in the proper responsible for the support of the family.
The expenses for such support and other and
conjugal obligations shall be paid from
the community property and, in the (3) By the local custom. (118)
absence thereof, from the income or Art. 75. The future spouses may, in the
fruits of their separate properties. In marriage settlements, agree upon the
case of insufficiency or absence of said regime of absolute community, conjugal
income or fruits, such obligations shall be partnership of gains, complete separation
satisfied from the separate properties. of property, or any other regime. In the
(111a) absence of a marriage settlement, or
when the regime agreed upon is void,
Art. 71. The management of the the system of absolute community of
household shall be the right and the duty property as established in this Code shall
of both spouses. The expenses for such govern. (119a)
management shall be paid in accordance
with the provisions of Article 70. (115a) Art. 76. In order that any modification in
the marriage settlements may be valid, it
Art. 72. When one of the spouses must be made before the celebration of
neglects his or her duties to the conjugal the marriage, subject to the provisions of
union or commits acts which tend to Articles 66, 67, 128, 135 and 136. (121)
bring danger, dishonor or injury to the
other or to the family, the aggrieved Art. 77. The marriage settlements and
party may apply to the court for relief. any modification thereof shall be in
(116a) writing, signed by the parties and
executed before the celebration of the
Art. 73. Either spouse may exercise any marriage. They shall not prejudice third
legitimate profession, occupation, persons unless they are registered in the
business or activity without the consent local civil registry where the marriage
of the other. The latter may object only contract is recorded as well as in the
on valid, serious, and moral grounds. proper registries of properties. (122a)

In case of disagreement, the court shall Art. 78. A minor who according to law
decide whether or not: may contract marriage may also execute
(1) The objection is proper; and his or her marriage settlements, but they
shall be valid only if the persons
(2) Benefit has occurred to the designated in Article 14 to give consent
family prior to the objection or to the marriage are made parties to the
thereafter. If the benefit accrued agreement, subject to the provisions of
prior to the objection, the resulting Title IX of this Code. (120a)
obligation shall be enforced against
the separate property of the Art. 79. For the validity of any marriage
spouse who has not obtained settlement executed by a person upon
consent. whom a sentence of civil interdiction has
The foregoing provisions shall not been pronounced or who is subject to
prejudice the rights of creditors who any other disability, it shall be
acted in good faith. (117a) indispensable for the guardian appointed
by a competent court to be made a party
TITLE IV thereto. (123a)
PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE Art. 80. In the absence of a contrary
stipulation in a marriage settlement, the
Chapter 1. General Provisions property relations of the spouses shall be
governed by Philippine laws, regardless
Art. 74. The property relationship of the place of the celebration of the
between husband and wife shall be marriage and their residence.
governed in the following order:
(1) By marriage settlements This rule shall not apply:
executed before the marriage; (1) Where both spouses are aliens;

(2) By the provisions of this Code; (2) With respect to the extrinsic
validity of contracts affecting property is sold for more than the total
property not situated in the amount of said obligation, the donee
Philippines and executed in the shall be entitled to the excess. (131a)
country where the property is
located; and Art. 86. A donation by reason of
marriage may be revoked by the donor
(3) With respect to the extrinsic in the following cases:
validity of contracts entered into in (1) If the marriage is not
the Philippines but affecting celebrated or judicially declared
property situated in a foreign void ab initio except donations
country whose laws require made in the marriage settlements,
different formalities for its extrinsic which shall be governed by Article
validity. (124a) 81;
Art. 81. Everything stipulated in the
settlements or contracts referred to in (2) When the marriage takes place
the preceding articles in consideration of without the consent of the parents
a future marriage, including donations or guardian, as required by law;
between the prospective spouses made
therein, shall be rendered void if the (3) When the marriage is annulled,
marriage does not take place. However, and the donee acted in bad faith;
stipulations that do not depend upon the
celebration of the marriages shall be (4) Upon legal separation, the
valid. (125a) donee being the guilty spouse;

Chapter 2. Donations by Reason of (5) If it is with a resolutory


Marriage condition and the condition is
complied with;
Art. 82. Donations by reason of marriage
are those which are made before its (6) When the donee has committed
celebration, in consideration of the same, an act of ingratitude as specified
and in favor of one or both of the future by the provisions of the Civil Code
spouses. (126) on donations in general. (132a)
Art. 87. Every donation or grant of
Art. 83. These donations are governed gratuitous advantage, direct or indirect,
by the rules on ordinary donations between the spouses during the
established in Title III of Book III of the marriage shall be void, except moderate
Civil Code, insofar as they are not gifts which the spouses may give each
modified by the following articles. (127a) other on the occasion of any family
rejoicing. The prohibition shall also apply
Art. 84. If the future spouses agree upon to persons living together as husband
a regime other than the absolute and wife without a valid marriage.
community of property, they cannot (133a)
donate to each other in their marriage
settlements more than one-fifth of their Chapter 3. System of Absolute
present property. Any excess shall be Community
considered void.
Section 1. General Provisions
Donations of future property shall be
governed by the provisions on Art. 88. The absolute community of
testamentary succession and the property between spouses shall
formalities of wills. (130a) commence at the precise moment that
the marriage is celebrated. Any
Art. 85. Donations by reason of marriage stipulation, express or implied, for the
of property subject to encumbrances commencement of the community
shall be valid. In case of foreclosure of regime at any other time shall be void.
the encumbrance and the property is (145a)
sold for less than the total amount of the
obligation secured, the donee shall not Art. 89. No waiver of rights, shares and
be liable for the deficiency. If the effects of the absolute community of
property during the marriage can be Section 3. Charges and Obligations of the
made except in case of judicial Absolute Community
separation of property.
Art. 94. The absolute community of
When the waiver takes place upon a property shall be liable for:
judicial separation of property, or after (1) The support of the spouses,
the marriage has been dissolved or their common children, and
annulled, the same shall appear in a legitimate children of either
public instrument and shall be recorded spouse; however, the support of
as provided in Article 77. The creditors of illegitimate children shall be
the spouse who made such waiver may governed by the provisions of this
petition the court to rescind the waiver to Code on Support;
the extent of the amount sufficient to
cover the amount of their credits. (146a) (2) All debts and obligations
contracted during the marriage by
Art. 90. The provisions on co-ownership the designated administrator-
shall apply to the absolute community of spouse for the benefit of the
property between the spouses in all community, or by both spouses, or
matters not provided for in this Chapter. by one spouse with the consent of
(n) the other;

Section 2. What Constitutes Community (3) Debts and obligations


Property contracted by either spouse
without the consent of the other to
Art. 91. Unless otherwise provided in this the extent that the family may
Chapter or in the marriage settlements, have been benefited;
the community property shall consist of
all the property owned by the spouses at (4) All taxes, liens, charges and
the time of the celebration of the expenses, including major or minor
marriage or acquired thereafter. (197a) repairs, upon the community
property;
Art. 92. The following shall be excluded
from the community property: (5) All taxes and expenses for
(1) Property acquired during the mere preservation made during
marriage by gratuitous title by marriage upon the separate
either spouse, and the fruits as property of either spouse used by
well as the income thereof, if any, the family;
unless it is expressly provided by
the donor, testator or grantor that (6) Expenses to enable either
they shall form part of the spouse to commence or complete a
community property; professional or vocational course,
or other activity for self-
(2) Property for personal and improvement;
exclusive use of either spouse.
However, jewelry shall form part of (7) Ante-nuptial debts of either
the community property; spouse insofar as they have
redounded to the benefit of the
(3) Property acquired before the family;
marriage by either spouse who has
legitimate descendants by a former (8) The value of what is donated or
marriage, and the fruits as well as promised by both spouses in favor
the income, if any, of such of their common legitimate children
property. (201a) for the exclusive purpose of
Art. 93. Property acquired during the commencing or completing a
marriage is presumed to belong to the professional or vocational course or
community, unless it is proved that it is other activity for self-
one of those excluded therefrom. (160) improvement;

(9) Ante-nuptial debts of either


spouse other than those falling the disposition or encumbrance shall be
under paragraph (7) of this Article, void. However, the transaction shall be
the support of illegitimate children construed as a continuing offer on the
of either spouse, and liabilities part of the consenting spouse and the
incurred by either spouse by third person, and may be perfected as a
reason of a crime or a quasi-delict, binding contract upon the acceptance by
in case of absence or insufficiency the other spouse or authorization by the
of the exclusive property of the court before the offer is withdrawn by
debtor-spouse, the payment of either or both offerors. (206a)
which shall be considered as
advances to be deducted from the Art. 97. Either spouse may dispose by
share of the debtor-spouse upon will of his or her interest in the
liquidation of the community; and community property. (n)

(10) Expenses of litigation between Art. 98. Neither spouse may donate any
the spouses unless the suit is community property without the consent
found to be groundless. of the other. However, either spouse
If the community property is insufficient may, without the consent of the other,
to cover the foregoing liabilities, except make moderate donations from the
those falling under paragraph (9), the community property for charity or on
spouses shall be solidarily liable for the occasions of family rejoicing or family
unpaid balance with their separate distress. (n)
properties. (161a, 162a, 163a, 202a-
205a) Section 5. Dissolution of Absolute
Community Regime
Art. 95. Whatever may be lost during the
marriage in any game of chance, betting,
sweepstakes, or any other kind of Art. 99. The absolute community
gambling, whether permitted or terminates:
prohibited by law, shall be borne by the (1) Upon the death of either
loser and shall not be charged to the spouse;
community but any winnings therefrom
shall form part of the community (2) When there is a decree of legal
property. (164a) separation;

Section 4. Ownership, Administrative, (3) When the marriage is annulled


Enjoyment and Disposition of the or declared void; or
Community Property
(4) In case of judicial separation of
Art. 96. The administration and property during the marriage under
enjoyment of the community property Articles 134 to 138. (175a)
shall belong to both spouses jointly. In Art. 100. The separation in fact between
case of disagreement, the husband's husband and wife shall not affect the
decision shall prevail, subject to recourse regime of absolute community except
to the court by the wife for proper that:
remedy, which must be availed of within (1) The spouse who leaves the
five years from the date of the contract conjugal home or refuses to live
implementing such decision. therein, without just cause, shall
not have the right to be supported;
In the event that one spouse is
incapacitated or otherwise unable to (2) When the consent of one
participate in the administration of the spouse to any transaction of the
common properties, the other spouse other is required by law, judicial
may assume sole powers of authorization shall be obtained in a
administration. These powers do not summary proceeding;
include disposition or encumbrance
without authority of the court or the (3) In the absence of sufficient
written consent of the other spouse. In community property, the separate
the absence of such authority or consent, property of both spouses shall be
solidarily liable for the support of (3) Whatever remains of the
the family. The spouse present exclusive properties of the spouses
shall, upon proper petition in a shall thereafter be delivered to
summary proceeding, be given each of them.
judicial authority to administer or
encumber any specific separate (4) The net remainder of the
property of the other spouse and properties of the absolute
use the fruits or proceeds thereof community shall constitute its net
to satisfy the latter's share. (178a) assets, which shall be divided
Art. 101. If a spouse without just cause equally between husband and wife,
abandons the other or fails to comply unless a different proportion or
with his or her obligations to the family, division was agreed upon in the
the aggrieved spouse may petition the marriage settlements, or unless
court for receivership, for judicial there has been a voluntary waiver
separation of property or for authority to of such share provided in this
be the sole administrator of the absolute Code. For purpose of computing
community, subject to such the net profits subject to forfeiture
precautionary conditions as the court in accordance with Articles 43, No.
may impose. (2) and 63, No. (2), the said profits
shall be the increase in value
The obligations to the family mentioned between the market value of the
in the preceding paragraph refer to community property at the time of
marital, parental or property relations. the celebration of the marriage and
the market value at the time of its
A spouse is deemed to have abandoned dissolution.
the other when her or she has left the
conjugal dwelling without intention of (5) The presumptive legitimes of
returning. The spouse who has left the the common children shall be
conjugal dwelling for a period of three delivered upon partition, in
months or has failed within the same accordance with Article 51.
period to give any information as to his
or her whereabouts shall be prima facie (6) Unless otherwise agreed upon
presumed to have no intention of by the parties, in the partition of
returning to the conjugal dwelling. the properties, the conjugal
(178a) dwelling and the lot on which it is
situated shall be adjudicated to the
Section 6. Liquidation of the Absolute spouse with whom the majority of
Community the common children choose to
Assets and Liabilities remain. Children below the age of
seven years are deemed to have
Art. 102. Upon dissolution of the chosen the mother, unless the
absolute community regime, the court has decided otherwise. In
following procedure shall apply: case there in no such majority, the
(1) An inventory shall be prepared, court shall decide, taking into
listing separately all the properties consideration the best interests of
of the absolute community and the said children. (n)
exclusive properties of each Art. 103. Upon the termination of the
spouse. marriage by death, the community
property shall be liquidated in the same
(2) The debts and obligations of proceeding for the settlement of the
the absolute community shall be estate of the deceased.
paid out of its assets. In case of
insufficiency of said assets, the If no judicial settlement proceeding is
spouses shall be solidarily liable for instituted, the surviving spouse shall
the unpaid balance with their liquidate the community property either
separate properties in accordance judicially or extra-judicially within six
with the provisions of the second months from the death of the deceased
paragraph of Article 94. spouse. If upon the lapse of the six
months period, no liquidation is made,
any disposition or encumbrance involving be divided equally between them, unless
the community property of the otherwise agreed in the marriage
terminated marriage shall be void. settlements. (142a)

Should the surviving spouse contract a Art. 107. The rules provided in Articles
subsequent marriage without compliance 88 and 89 shall also apply to conjugal
with the foregoing requirements, a partnership of gains. (n)
mandatory regime of complete
separation of property shall govern the Art. 108. The conjugal partnership shall
property relations of the subsequent be governed by the rules on the contract
marriage. (n) of partnership in all that is not in conflict
with what is expressly determined in this
Art. 104. Whenever the liquidation of the Chapter or by the spouses in their
community properties of two or more marriage settlements. (147a)
marriages contracted by the same
person before the effectivity of this Code Section 2. Exclusive Property of Each
is carried out simultaneously, the Spouse
respective capital, fruits and income of
each community shall be determined Art. 109. The following shall be the
upon such proof as may be considered exclusive property of each spouse:
according to the rules of evidence. In (1) That which is brought to the
case of doubt as to which community the marriage as his or her own;
existing properties belong, the same
shall be divided between the different (2) That which each acquires
communities in proportion to the capital during the marriage by gratuitous
and duration of each. (189a) title;

Chapter 4. Conjugal Partnership of (3) That which is acquired by right


Gains of redemption, by barter or by
exchange with property belonging
Section 1. General Provisions to only one of the spouses; and

Art. 105. In case the future spouses (4) That which is purchased with
agree in the marriage settlements that exclusive money of the wife or of
the regime of conjugal partnership gains the husband. (148a)
shall govern their property relations Art. 110. The spouses retain the
during marriage, the provisions in this ownership, possession, administration
Chapter shall be of supplementary and enjoyment of their exclusive
application. properties.

The provisions of this Chapter shall also Either spouse may, during the marriage,
apply to conjugal partnerships of gains transfer the administration of his or her
already established between spouses exclusive property to the other by means
before the effectivity of this Code, of a public instrument, which shall be
without prejudice to vested rights recorded in the registry of property of
already acquired in accordance with the the place the property is located. (137a,
Civil Code or other laws, as provided in 168a, 169a)
Article 256. (n)
Art. 111. A spouse of age may mortgage,
Art. 106. Under the regime of conjugal encumber, alienate or otherwise dispose
partnership of gains, the husband and of his or her exclusive property, without
wife place in a common fund the the consent of the other spouse, and
proceeds, products, fruits and income appear alone in court to litigate with
from their separate properties and those regard to the same. (n)
acquired by either or both spouses
through their efforts or by chance, and, Art. 112. The alienation of any exclusive
upon dissolution of the marriage or of property of a spouse administered by the
the partnership, the net gains or benefits other automatically terminates the
obtained by either or both spouses shall administration over such property and
the proceeds of the alienation shall be
turned over to the owner-spouse. (n) (5) Those acquired through
occupation such as fishing or
Art. 113. Property donated or left by will hunting;
to the spouses, jointly and with
designation of determinate shares, shall (6) Livestock existing upon the
pertain to the donee-spouses as his or dissolution of the partnership in
her own exclusive property, and in the excess of the number of each kind
absence of designation, share and share brought to the marriage by either
alike, without prejudice to the right of spouse; and
accretion when proper. (150a)
(7) Those which are acquired by
Art. 114. If the donations are onerous, chance, such as winnings from
the amount of the charges shall be borne gambling or betting. However,
by the exclusive property of the donee losses therefrom shall be borne
spouse, whenever they have been exclusively by the loser-spouse.
advanced by the conjugal partnership of (153a, 154a, 155, 159)
gains. (151a) Art. 118. Property bought on
installments paid partly from exclusive
Art. 115. Retirement benefits, pensions, funds of either or both spouses and
annuities, gratuities, usufructs and partly from conjugal funds belongs to the
similar benefits shall be governed by the buyer or buyers if full ownership was
rules on gratuitous or onerous vested before the marriage and to the
acquisitions as may be proper in each conjugal partnership if such ownership
case. (n) was vested during the marriage. In
either case, any amount advanced by the
Section 3. Conjugal Partnership Property partnership or by either or both spouses
shall be reimbursed by the owner or
Art. 116. All property acquired during the owners upon liquidation of the
marriage, whether the acquisition partnership. (n)
appears to have been made, contracted
or registered in the name of one or both Art. 119. Whenever an amount or credit
spouses, is presumed to be conjugal payable within a period of time belongs
unless the contrary is proved. (160a) to one of the spouses, the sums which
may be collected during the marriage in
Art. 117. The following are conjugal partial payments or by installments on
partnership properties: the principal shall be the exclusive
(1) Those acquired by onerous title property of the spouse. However,
during the marriage at the expense interests falling due during the marriage
of the common fund, whether the on the principal shall belong to the
acquisition be for the partnership, conjugal partnership. (156a, 157a)
or for only one of the spouses;
Art. 120. The ownership of
(2) Those obtained from the labor, improvements, whether for utility or
industry, work or profession of adornment, made on the separate
either or both of the spouses; property of the spouses at the expense
of the partnership or through the acts or
(3) The fruits, natural, industrial, efforts of either or both spouses shall
or civil, due or received during the pertain to the conjugal partnership, or to
marriage from the common the original owner-spouse, subject to the
property, as well as the net fruits following rules:
from the exclusive property of each When the cost of the improvement
spouse; made by the conjugal partnership
and any resulting increase in value
(4) The share of either spouse in are more than the value of the
the hidden treasure which the law property at the time of the
awards to the finder or owner of improvement, the entire property
the property where the treasure is of one of the spouses shall belong
found; to the conjugal partnership,
subject to reimbursement of the spouse insofar as they have
value of the property of the owner- redounded to the benefit of the
spouse at the time of the family;
improvement; otherwise, said
property shall be retained in (8) The value of what is donated or
ownership by the owner-spouse, promised by both spouses in favor
likewise subject to reimbursement of their common legitimate children
of the cost of the improvement. for the exclusive purpose of
commencing or completing a
In either case, the ownership of professional or vocational course or
the entire property shall be vested other activity for self-
upon the reimbursement, which improvement; and
shall be made at the time of the
liquidation of the conjugal (9) Expenses of litigation between
partnership. (158a) the spouses unless the suit is
Section 4. Charges Upon and Obligations found to groundless.
of If the conjugal partnership is insufficient
the Conjugal Partnership to cover the foregoing liabilities, the
spouses shall be solidarily liable for the
Art. 121. The conjugal partnership shall unpaid balance with their separate
be liable for: properties. (161a)
(1) The support of the spouse,
their common children, and the Art. 122. The payment of personal debts
legitimate children of either contracted by the husband or the wife
spouse; however, the support of before or during the marriage shall not
illegitimate children shall be be charged to the conjugal properties
governed by the provisions of this partnership except insofar as they
Code on Support; redounded to the benefit of the family.
Neither shall the fines and pecuniary
(2) All debts and obligations indemnities imposed upon them be
contracted during the marriage by charged to the partnership.
the designated administrator-
spouse for the benefit of the However, the payment of personal debts
conjugal partnership of gains, or by contracted by either spouse before the
both spouses or by one of them marriage, that of fines and indemnities
with the consent of the other; imposed upon them, as well as the
support of illegitimate children of either
(3) Debts and obligations spouse, may be enforced against the
contracted by either spouse partnership assets after the
without the consent of the other to responsibilities enumerated in the
the extent that the family may preceding Article have been covered, if
have benefited; the spouse who is bound should have no
exclusive property or if it should be
(4) All taxes, liens, charges, and insufficient; but at the time of the
expenses, including major or minor liquidation of the partnership, such
repairs upon the conjugal spouse shall be charged for what has
partnership property; been paid for the purpose above-
mentioned. (163a)
(5) All taxes and expenses for
mere preservation made during the Art. 123. Whatever may be lost during
marriage upon the separate the marriage in any game of chance or in
property of either spouse; betting, sweepstakes, or any other kind
of gambling whether permitted or
(6) Expenses to enable either prohibited by law, shall be borne by the
spouse to commence or complete a loser and shall not be charged to the
professional, vocational, or other conjugal partnership but any winnings
activity for self-improvement; therefrom shall form part of the conjugal
partnership property. (164a)
(7) Ante-nuptial debts of either
property during the marriage under
Section 5. Administration of the Articles 134 to 138. (175a)
Conjugal Partnership Property Art. 127. The separation in fact between
husband and wife shall not affect the
Art. 124. The administration and regime of conjugal partnership, except
enjoyment of the conjugal partnership that:
shall belong to both spouses jointly. In (1) The spouse who leaves the
case of disagreement, the husband's conjugal home or refuses to live
decision shall prevail, subject to recourse therein, without just cause, shall
to the court by the wife for proper not have the right to be supported;
remedy, which must be availed of within
five years from the date of the contract (2) When the consent of one
implementing such decision. spouse to any transaction of the
other is required by law, judicial
In the event that one spouse is authorization shall be obtained in a
incapacitated or otherwise unable to summary proceeding;
participate in the administration of the
conjugal properties, the other spouse (3) In the absence of sufficient
may assume sole powers of conjugal partnership property, the
administration. These powers do not separate property of both spouses
include disposition or encumbrance shall be solidarily liable for the
without authority of the court or the support of the family. The spouse
written consent of the other spouse. In present shall, upon petition in a
the absence of such authority or consent, summary proceeding, be given
the disposition or encumbrance shall be judicial authority to administer or
void. However, the transaction shall be encumber any specific separate
construed as a continuing offer on the property of the other spouse and
part of the consenting spouse and the use the fruits or proceeds thereof
third person, and may be perfected as a to satisfy the latter's share. (178a)
binding contract upon the acceptance by Art. 128. If a spouse without just cause
the other spouse or authorization by the abandons the other or fails to comply
court before the offer is withdrawn by with his or her obligation to the family,
either or both offerors. (165a) the aggrieved spouse may petition the
court for receivership, for judicial
Art. 125. Neither spouse may donate any separation of property, or for authority to
conjugal partnership property without be the sole administrator of the conjugal
the consent of the other. However, either partnership property, subject to such
spouse may, without the consent of the precautionary conditions as the court
other, make moderate donations from may impose.
the conjugal partnership property for
charity or on occasions of family rejoicing The obligations to the family mentioned
or family distress. (174a) in the preceding paragraph refer to
marital, parental or property relations.
Section 6. Dissolution of Conjugal
Partnership Regime A spouse is deemed to have abandoned
the other when he or she has left the
Art. 126. The conjugal partnership conjugal dwelling without intention of
terminates: returning. The spouse who has left the
(1) Upon the death of either conjugal dwelling for a period of three
spouse; months or has failed within the same
period to give any information as to his
(2) When there is a decree of legal or her whereabouts shall be prima facie
separation; presumed to have no intention of
returning to the conjugal dwelling.
(3) When the marriage is annulled (167a, 191a)
or declared void; or

(4) In case of judicial separation of


Section 7. Liquidation of the
Conjugal Partnership Assets and settlements or unless there has
Liabilities been a voluntary waiver or
forfeiture of such share as provided
Art. 129. Upon the dissolution of the in this Code.
conjugal partnership regime, the
following procedure shall apply: (8) The presumptive legitimes of
(1) An inventory shall be prepared, the common children shall be
listing separately all the properties delivered upon the partition in
of the conjugal partnership and the accordance with Article 51.
exclusive properties of each
spouse. (9) In the partition of the
properties, the conjugal dwelling
(2) Amounts advanced by the and the lot on which it is situated
conjugal partnership in payment of shall, unless otherwise agreed
personal debts and obligations of upon by the parties, be adjudicated
either spouse shall be credited to to the spouse with whom the
the conjugal partnership as an majority of the common children
asset thereof. choose to remain. Children below
the age of seven years are deemed
(3) Each spouse shall be to have chosen the mother, unless
reimbursed for the use of his or her the court has decided otherwise. In
exclusive funds in the acquisition of case there is no such majority, the
property or for the value of his or court shall decide, taking into
her exclusive property, the consideration the best interests of
ownership of which has been said children. (181a, 182a, 183a,
vested by law in the conjugal 184a, 185a)
partnership. Art. 130. Upon the termination of the
marriage by death, the conjugal
(4) The debts and obligations of partnership property shall be liquidated
the conjugal partnership shall be in the same proceeding for the
paid out of the conjugal assets. In settlement of the estate of the deceased.
case of insufficiency of said assets,
the spouses shall be solidarily If no judicial settlement proceeding is
liable for the unpaid balance with instituted, the surviving spouse shall
their separate properties, in liquidate the conjugal partnership
accordance with the provisions of property either judicially or extra-
paragraph (2) of Article 121. judicially within six months from the
death of the deceased spouse. If upon
(5) Whatever remains of the the lapse of the six-month period no
exclusive properties of the spouses liquidation is made, any disposition or
shall thereafter be delivered to encumbrance involving the conjugal
each of them. partnership property of the terminated
marriage shall be void.
(6) Unless the owner had been
indemnified from whatever source, Should the surviving spouse contract a
the loss or deterioration of subsequent marriage without compliance
movables used for the benefit of with the foregoing requirements, a
the family, belonging to either mandatory regime of complete
spouse, even due to fortuitous separation of property shall govern the
event, shall be paid to said spouse property relations of the subsequent
from the conjugal funds, if any. marriage. (n)

(7) The net remainder of the Art. 131. Whenever the liquidation of the
conjugal partnership properties conjugal partnership properties of two or
shall constitute the profits, which more marriages contracted by the same
shall be divided equally between person before the effectivity of this Code
husband and wife, unless a is carried out simultaneously, the
different proportion or division was respective capital, fruits and income of
agreed upon in the marriage each partnership shall be determined
upon such proof as may be considered or failed to comply with his or her
according to the rules of evidence. In obligations to the family as
case of doubt as to which partnership the provided for in Article 101;
existing properties belong, the same
shall be divided between the different (5) That the spouse granted the
partnerships in proportion to the capital power of administration in the
and duration of each. (189a) marriage settlements has abused
that power; and
Art. 132. The Rules of Court on the
administration of estates of deceased (6) That at the time of the petition,
persons shall be observed in the the spouses have been separated
appraisal and sale of property of the in fact for at least one year and
conjugal partnership, and other matters reconciliation is highly improbable.
which are not expressly determined in In the cases provided for in Numbers (1),
this Chapter. (187a) (2) and (3), the presentation of the final
judgment against the guilty or absent
Art. 133. From the common mass of spouse shall be enough basis for the
property support shall be given to the grant of the decree of judicial separation
surviving spouse and to the children of property. (191a)
during the liquidation of the inventoried
property and until what belongs to them Art. 136. The spouses may jointly file a
is delivered; but from this shall be verified petition with the court for the
deducted that amount received for voluntary dissolution of the absolute
support which exceeds the fruits or rents community or the conjugal partnership of
pertaining to them. (188a) gains, and for the separation of their
common properties.
Chapter 5. Separation of Property of
the All creditors of the absolute community
Spouses and Administration of or of the conjugal partnership of gains,
Common Property by as well as the personal creditors of the
One Spouse During the Marriage spouse, shall be listed in the petition and
notified of the filing thereof. The court
Art. 134. In the absence of an express shall take measures to protect the
declaration in the marriage settlements, creditors and other persons with
the separation of property between pecuniary interest. (191a)
spouses during the marriage shall not
take place except by judicial order. Such Art. 137. Once the separation of property
judicial separation of property may either has been decreed, the absolute
be voluntary or for sufficient cause. community or the conjugal partnership of
(190a) gains shall be liquidated in conformity
with this Code.
Art. 135. Any of the following shall be
considered sufficient cause for judicial During the pendency of the proceedings
separation of property: for separation of property, the absolute
(1) That the spouse of the community or the conjugal partnership
petitioner has been sentenced to a shall pay for the support of the spouses
penalty which carries with it civil and their children. (192a)
interdiction;
Art. 138. After dissolution of the absolute
(2) That the spouse of the community or of the conjugal
petitioner has been judicially partnership, the provisions on complete
declared an absentee; separation of property shall apply.
(191a)
(3) That loss of parental authority
of the spouse of petitioner has Art. 139. The petition for separation of
been decreed by the court; property and the final judgment granting
the same shall be recorded in the proper
(4) That the spouse of the local civil registries and registries of
petitioner has abandoned the latter property. (193a)
Art. 140. The separation of property shall (2) When one spouse is judicially
not prejudice the rights previously declared an absentee;
acquired by creditors. (194a)
(3) When one spouse is sentenced
Art. 141. The spouses may, in the same to a penalty which carries with it
proceedings where separation of civil interdiction; or
property was decreed, file a motion in
court for a decree reviving the property (4) When one spouse becomes a
regime that existed between them before fugitive from justice or is in hiding
the separation of property in any of the as an accused in a criminal case.
following instances: If the other spouse is not qualified by
(1) When the civil interdiction reason of incompetence, conflict of
terminates; interest, or any other just cause, the
court shall appoint a suitable person to
(2) When the absentee spouse be the administrator. (n)
reappears;
Chapter 6. Regime of Separation of
(3) When the court, being satisfied Property
that the spouse granted the power
of administration in the marriage Art. 143. Should the future spouses
settlements will not again abuse agree in the marriage settlements that
that power, authorizes the their property relations during marriage
resumption of said administration; shall be governed by the regime of
separation of property, the provisions of
(4) When the spouse who has left this Chapter shall be suppletory. (212a)
the conjugal home without a
decree of legal separation resumes Art. 144. Separation of property may
common life with the other; refer to present or future property or
both. It may be total or partial. In the
(5) When parental authority is latter case, the property not agreed upon
judicially restored to the spouse as separate shall pertain to the absolute
previously deprived thereof; community. (213a)

(6) When the spouses who have Art. 145. Each spouse shall own, dispose
separated in fact for at least one of, possess, administer and enjoy his or
year, reconcile and resume her own separate estate, without need of
common life; or the consent of the other. To each spouse
shall belong all earnings from his or her
(7) When after voluntary profession, business or industry and all
dissolution of the absolute fruits, natural, industrial or civil, due or
community of property or conjugal received during the marriage from his or
partnership has been judicially her separate property. (214a)
decreed upon the joint petition of
the spouses, they agree to the Art. 146. Both spouses shall bear the
revival of the former property family expenses in proportion to their
regime. No voluntary separation of income, or, in case of insufficiency or
property may thereafter be default thereof, to the current market
granted. value of their separate properties.
The revival of the former property
regime shall be governed by Article 67. The liabilities of the spouses to creditors
(195a) for family expenses shall, however, be
solidary. (215a)
Art. 142. The administration of all classes
of exclusive property of either spouse
may be transferred by the court to the
other spouse: Chapter 7. Property Regime of
(1) When one spouse becomes the Unions Without Marriage
guardian of the other;
presumption shall apply to joint deposits
Art. 147. When a man and a woman who of money and evidences of credit.
are capacitated to marry each other, live
exclusively with each other as husband If one of the parties is validly married to
and wife without the benefit of marriage another, his or her share in the co-
or under a void marriage, their wages ownership shall accrue to the absolute
and salaries shall be owned by them in community or conjugal partnership
equal shares and the property acquired existing in such valid marriage. If the
by both of them through their work or party who acted in bad faith is not validly
industry shall be governed by the rules married to another, his or her shall be
on co-ownership. forfeited in the manner provided in the
last paragraph of the preceding Article.
In the absence of proof to the contrary,
properties acquired while they lived The foregoing rules on forfeiture shall
together shall be presumed to have been likewise apply even if both parties are in
obtained by their joint efforts, work or bad faith. (144a)
industry, and shall be owned by them in
equal shares. For purposes of this Article, TITLE V
a party who did not participate in the THE FAMILY
acquisition by the other party of any
property shall be deemed to have Chapter 1. The Family as an
contributed jointly in the acquisition Institution
thereof if the former's efforts consisted in
the care and maintenance of the family Art. 149. The family, being the
and of the household. foundation of the nation, is a basic social
institution which public policy cherishes
Neither party can encumber or dispose and protects. Consequently, family
by acts inter vivos of his or her share in relations are governed by law and no
the property acquired during cohabitation custom, practice or agreement
and owned in common, without the destructive of the family shall be
consent of the other, until after the recognized or given effect. (216a, 218a)
termination of their cohabitation.
Art. 50. Family relations include those:
When only one of the parties to a void (1) Between husband and wife;
marriage is in good faith, the share of
the party in bad faith in the co-ownership (2) Between parents and children;
shall be forfeited in favor of their
common children. In case of default of or (3) Among brothers and sisters,
waiver by any or all of the common whether of the full or half-blood.
children or their descendants, each (217a)
vacant share shall belong to the Art. 151. No suit between members of
respective surviving descendants. In the the same family shall prosper unless it
absence of descendants, such share shall should appear from the verified
belong to the innocent party. In all complaint or petition that earnest efforts
cases, the forfeiture shall take place toward a compromise have been made,
upon termination of the cohabitation. but that the same have failed. If it is
(144a) shown that no such efforts were in fact
made, the same case must be dismissed.
Art. 148. In cases of cohabitation not
falling under the preceding Article, only This rules shall not apply to cases which
the properties acquired by both of the may not be the subject of compromise
parties through their actual joint under the Civil Code. (222a)
contribution of money, property, or
industry shall be owned by them in Chapter 2. The Family Home
common in proportion to their respective
contributions. In the absence of proof to Art. 152. The family home, constituted
the contrary, their contributions and jointly by the husband and the wife or by
corresponding shares are presumed to an unmarried head of a family, is the
be equal. The same rule and dwelling house where they and their
family reside, and the land on which it is purchase price may be constituted as a
situated. (223a) family home. (227a, 228a)

Art. 153. The family home is deemed Art. 157. The actual value of the family
constituted on a house and lot from the home shall not exceed, at the time of its
time it is occupied as a family residence. constitution, the amount of the three
From the time of its constitution and so hundred thousand pesos in urban areas,
long as any of its beneficiaries actually and two hundred thousand pesos in rural
resides therein, the family home areas, or such amounts as may hereafter
continues to be such and is exempt from be fixed by law.
execution, forced sale or attachment
except as hereinafter provided and to the In any event, if the value of the currency
extent of the value allowed by law. changes after the adoption of this Code,
(223a) the value most favorable for the
constitution of a family home shall be the
Art. 154. The beneficiaries of a family basis of evaluation.
home are:
(1) The husband and wife, or an For purposes of this Article, urban areas
unmarried person who is the head are deemed to include chartered cities
of a family; and and municipalities whose annual income
at least equals that legally required for
(2) Their parents, ascendants, chartered cities. All others are deemed to
descendants, brothers and sisters, be rural areas. (231a)
whether the relationship be
legitimate or illegitimate, who are Art. 158. The family home may be sold,
living in the family home and who alienated, donated, assigned or
depend upon the head of the encumbered by the owner or owners
family for legal support. (226a) thereof with the written consent of the
Art. 155. The family home shall be person constituting the same, the latter's
exempt from execution, forced sale or spouse, and a majority of the
attachment except: beneficiaries of legal age. In case of
(1) For nonpayment of taxes; conflict, the court shall decide. (235a)

(2) For debts incurred prior to the Art. 159. The family home shall continue
constitution of the family home; despite the death of one or both spouses
or of the unmarried head of the family
(3) For debts secured by for a period of ten years or for as long as
mortgages on the premises before there is a minor beneficiary, and the
or after such constitution; and heirs cannot partition the same unless
the court finds compelling reasons
(4) For debts due to laborers, therefor. This rule shall apply regardless
mechanics, architects, builders, of whoever owns the property or
materialmen and others who have constituted the family home. (238a)
rendered service or furnished
material for the construction of the Art. 160. When a creditor whose claims
building. (243a) is not among those mentioned in Article
Art. 156. The family home must be part 155 obtains a judgment in his favor, and
of the properties of the absolute he has reasonable grounds to believe
community or the conjugal partnership, that the family home is actually worth
or of the exclusive properties of either more than the maximum amount fixed in
spouse with the latter's consent. It may Article 157, he may apply to the court
also be constituted by an unmarried which rendered the judgment for an
head of a family on his or her own order directing the sale of the property
property. under execution. The court shall so order
if it finds that the actual value of the
Nevertheless, property that is the subject family home exceeds the maximum
of a conditional sale on installments amount allowed by law as of the time of
where ownership is reserved by the its constitution. If the increased actual
vendor only to guarantee payment of the value exceeds the maximum allowed in
Article 157 and results from subsequent Art. 166. Legitimacy of a child may be
voluntary improvements introduced by impugned only on the following grounds:
the person or persons constituting the (1) That it was physically
family home, by the owner or owners of impossible for the husband to have
the property, or by any of the sexual intercourse with his wife
beneficiaries, the same rule and within the first 120 days of the 300
procedure shall apply. days which immediately preceded
the birth of the child because of:
At the execution sale, no bid below the
value allowed for a family home shall be (a) the physical incapacity of
considered. The proceeds shall be the husband to have sexual
applied first to the amount mentioned in intercourse with his wife;
Article 157, and then to the liabilities
under the judgment and the costs. The (b) the fact that the husband
excess, if any, shall be delivered to the and wife were living
judgment debtor. (247a, 248a) separately in such a way that
sexual intercourse was not
Art. 161. For purposes of availing of the possible; or
benefits of a family home as provided for
in this Chapter, a person may constitute, (c) serious illness of the
or be the beneficiary of, only one family husband, which absolutely
home. (n) prevented sexual
intercourse;
Art. 162. The provisions in this Chapter (2) That it is proved that for
shall also govern existing family biological or other scientific
residences insofar as said provisions are reasons, the child could not have
applicable. (n) been that of the husband, except
in the instance provided in the
TITLE VI second paragraph of Article 164; or
PATERNITY AND FILIATION
(3) That in case of children
Chapter 1. Legitimate Children conceived through artificial
insemination, the written
Art. 163. The filiation of children may be authorization or ratification of
by nature or by adoption. Natural filiation either parent was obtained through
may be legitimate or illegitimate. (n) mistake, fraud, violence,
intimidation, or undue influence.
Art. 164. Children conceived or born (255a)
during the marriage of the parents are Art. 167. The child shall be considered
legitimate. legitimate although the mother may have
declared against its legitimacy or may
Children conceived as a result of artificial have been sentenced as an adulteress.
insemination of the wife with the sperm (256a)
of the husband or that of a donor or both
are likewise legitimate children of the Art. 168. If the marriage is terminated
husband and his wife, provided, that and the mother contracted another
both of them authorized or ratified such marriage within three hundred days after
insemination in a written instrument such termination of the former marriage,
executed and signed by them before the these rules shall govern in the absence
birth of the child. The instrument shall be of proof to the contrary:
recorded in the civil registry together (1) A child born before one
with the birth certificate of the child. hundred eighty days after the
(55a, 258a) solemnization of the subsequent
marriage is considered to have
Art. 165. Children conceived and born been conceived during the former
outside a valid marriage are illegitimate, marriage, provided it be born
unless otherwise provided in this Code. within three hundred days after the
(n) termination of the former
marriage;
(1) The record of birth appearing in
(2) A child born after one hundred the civil register or a final
eighty days following the judgment; or
celebration of the subsequent
marriage is considered to have (2) An admission of legitimate
been conceived during such filiation in a public document or a
marriage, even though it be born private handwritten instrument and
within the three hundred days after signed by the parent concerned.
the termination of the former In the absence of the foregoing evidence,
marriage. (259a) the legitimate filiation shall be
Art. 169. The legitimacy or illegitimacy of
a child born after three hundred days proved by:
following the termination of the marriage (1) The open and continuous
shall be proved by whoever alleges such possession of the status of a
legitimacy or illegitimacy. (261a) legitimate child; or

Art. 170. The action to impugn the (2) Any other means allowed by
legitimacy of the child shall be brought the Rules of Court and special
within one year from the knowledge of laws. (265a, 266a, 267a)
the birth or its recording in the civil Art. 173. The action to claim legitimacy
register, if the husband or, in a proper may be brought by the child during his or
case, any of his heirs, should reside in her lifetime and shall be transmitted to
the city or municipality where the birth the heirs should the child die during
took place or was recorded. minority or in a state of insanity. In
these cases, the heirs shall have a period
If the husband or, in his default, all of his of five years within which to institute the
heirs do not reside at the place of birth action.
as defined in the first paragraph or
where it was recorded, the period shall Art. 174. Legitimate children shall have
be two years if they should reside in the the right:
Philippines; and three years if abroad. If (1) To bear the surnames of the
the birth of the child has been concealed father and the mother, in
from or was unknown to the husband or conformity with the
his heirs, the period shall be counted provisions of the Civil Code
from the discovery or knowledge of the on Surnames;
birth of the child or of the fact of
registration of said birth, whichever is (2) To receive support from
earlier. (263a) their parents, their
ascendants, and in proper
Art. 171. The heirs of the husband may cases, their brothers and
impugn the filiation of the child within sisters, in conformity with
the period prescribed in the preceding the provisions of this Code
article only in the following cases: on Support; and
(1) If the husband should died
before the expiration of the period (3) To be entitled to the
fixed for bringing his action; legitimate and other
successional rights granted
(2) If he should die after the filing to them by the Civil Code.
of the complaint without having (264a)
desisted therefrom; or

(3) If the child was born after the Chapter 3. Illegitimate Children
death of the husband. (262a)
Chapter 2. Proof of Filiation Art. 175. Illegitimate children may
establish their illegitimate filiation in the
Art. 172. The filiation of legitimate same way and on the same evidence as
children is established by any of the legitimate children.
following:
The action must be brought within the
same period specified in Article 173, ADOPTION
except when the action is based on the
second paragraph of Article 172, in which Art. 183. A person of age and in
case the action may be brought during possession of full civil capacity and legal
the lifetime of the alleged parent. (289a) rights may adopt, provided he is in a
position to support and care for his
Art. 176. Illegitimate children shall use children, legitimate or illegitimate, in
the surname and shall be under the keeping with the means of the family.
parental authority of their mother, and
shall be entitled to support in conformity Only minors may be adopted, except in
with this Code. However, illegitimate the cases when the adoption of a person
children may use the surname of their of majority age is allowed in this Title.
father if their filiation has been expressly
recognized by the father through the In addition, the adopter must be at least
record of birth appearing in the civil sixteen years older than the person to be
register, or when an admission in a adopted, unless the adopter is the parent
public document or private handwritten by nature of the adopted, or is the
instrument is made by the father. spouse of the legitimate parent of the
Provided, the father has the right to person to be adopted. (27a, E. O. 91 and
institute an action before the regular PD 603)
courts to prove non-filiation during his
lifetime. The legitime of each illegitimate Art. 184. The following persons may not
child shall consist of one-half of the adopt:
legitime of a legitimate child. (1) The guardian with respect to
the ward prior to the approval of
Chapter 4. Legitimated Children the final accounts rendered upon
the termination of their
Art. 177. Only children conceived and guardianship relation;
born outside of wedlock of parents who,
at the time of the conception of the (2) Any person who has been
former, were not disqualified by any convicted of a crime involving
impediment to marry each other may be moral turpitude;
legitimated. (269a)
(3) An alien, except:
Art. 178. Legitimation shall take place by
a subsequent valid marriage between (a) A former Filipino citizen
parents. The annulment of a voidable who seeks to adopt a relative
marriage shall not affect the legitimation. by consanguinity;
(270a)
(b) One who seeks to adopt
Art. 179. Legitimated children shall enjoy the legitimate child of his or
the same rights as legitimate children. her Filipino spouse; or
(272a)
(c) One who is married to a
Art. 180. The effects of legitimation shall Filipino citizen and seeks to
retroact to the time of the child's birth. adopt jointly with his or her
(273a) spouse a relative by
consanguinity of the latter.
Art. 181. The legitimation of children Aliens not included in the foregoing
who died before the celebration of the exceptions may adopt Filipino children in
marriage shall benefit their descendants. accordance with the rules on inter-
(274) country adoptions as may be provided by
law. (28a, E. O. 91 and PD 603)
Art. 182. Legitimation may be impugned
only by those who are prejudiced in their Art. 185. Husband and wife must jointly
rights, within five years from the time adopt, except in the following cases:
their cause of action accrues. (275a) (1) When one spouse seeks to
adopt his own illegitimate child; or
TITLE VII
(2) When one spouse seeks to acquire the reciprocal rights and
adopt the legitimate child of the obligations arising from the
other. (29a, E. O. 91 and PD 603) relationship of parent and child,
Art. 186. In case husband and wife including the right of the adopted
jointly adopt or one spouse adopts the to use the surname of the
legitimate child of the other, joint adopters;
parental authority shall be exercised by
the spouses in accordance with this (2) The parental authority of the
Code. (29a, E. O. and PD 603) parents by nature over the adopted
shall terminate and be vested in
Art. 187. The following may not be the adopters, except that if the
adopted: adopter is the spouse of the parent
(1) A person of legal age, unless by nature of the adopted, parental
he or she is a child by nature of the authority over the adopted shall be
adopter or his or her spouse, or, exercised jointly by both spouses;
prior to the adoption, said person and
has been consistently considered
and treated by the adopter as his (3) The adopted shall remain an
or her own child during minority. intestate heir of his parents and
other blood relatives. (39(1)a,
(2) An alien with whose (3)a, PD 603)
government the Republic of the Art. 190. Legal or intestate succession to
Philippines has no diplomatic the estate of the adopted shall be
relations; and governed by the following rules:
(1) Legitimate and illegitimate
(3) A person who has already been children and descendants and the
adopted unless such adoption has surviving spouse of the adopted
been previously revoked or shall inherit from the adopted, in
rescinded. (30a, E. O. 91 and PD accordance with the ordinary rules
603) of legal or intestate succession;
Art. 188. The written consent of the
following to the adoption shall be (2) When the parents, legitimate or
necessary: illegitimate, or the legitimate
(1) The person to be adopted, if ascendants of the adopted concur
ten years of age or over, with the adopter, they shall divide
the entire estate, one-half to be
(2) The parents by nature of the inherited by the parents or
child, the legal guardian, or the ascendants and the other half, by
proper government the adopters;
instrumentality;
(3) When the surviving spouse or
(3) The legitimate and adopted the illegitimate children of the
children, ten years of age or over, adopted concur with the adopters,
of the adopting parent or parents; they shall divide the entire estate
in equal shares, one-half to be
(4) The illegitimate children, ten inherited by the spouse or the
years of age or over, of the illegitimate children of the adopted
adopting parent, if living with said and the other half, by the
parent and the latter's spouse, if adopters.
any; and
(4) When the adopters concur with
(5) The spouse, if any, of the the illegitimate children and the
person adopting or to be adopted. surviving spouse of the adopted,
(31a, E. O. 91 and PD 603) they shall divide the entire estate
Art. 189. Adoption shall have the in equal shares, one-third to be
following effects: inherited by the illegitimate
(1) For civil purposes, the adopted children, one-third by the surviving
shall be deemed to be a legitimate spouse, and one-third by the
child of the adopters and both shall adopters;
resume his surname prior to the
(5) When only the adopters adoption.
survive, they shall inherit the
entire estate; and The court shall accordingly order the
amendment of the records in the proper
(6) When only collateral blood registries. (42a, PD 603)
relatives of the adopted survive,
then the ordinary rules of legal or TITLE VIII
intestate succession shall apply.
(39(4)a, PD 603) SUPPORT
Art. 191. If the adopted is a minor or
otherwise incapacitated, the adoption Art. 194. Support comprises everything
may be judicially rescinded upon petition indispensable for sustenance, dwelling,
of any person authorized by the court or clothing, medical attendance, education
proper government instrumental acting and transportation, in keeping with the
on his behalf, on the same grounds financial capacity of the family.
prescribed for loss or suspension of
parental authority. If the adopted is at The education of the person entitled to
least eighteen years of age, he may be supported referred to in the preceding
petition for judicial rescission of the paragraph shall include his schooling or
adoption on the same grounds prescribed training for some profession, trade or
for disinheriting an ascendant. (40a, PD vocation, even beyond the age of
603) majority. Transportation shall include
expenses in going to and from school, or
Art. 192. The adopters may petition the to and from place of work. (290a)
court for the judicial rescission of the
adoption in any of the following cases: Art. 105. Subject to the provisions of the
(1) If the adopted has committed succeeding articles, the following are
any act constituting ground for obliged to support each other to the
disinheriting a descendant; or whole extent set forth in the preceding
article:
(2) When the adopted has (1) The spouses;
abandoned the home of the
adopters during minority for at (2) Legitimate ascendants and
least one year, or, by some other descendants;
acts, has definitely repudiated the
adoption. (41a, PD 603) (3) Parents and their legitimate
Art. 193. If the adopted minor has not children and the legitimate and
reached the age of majority at the time illegitimate children of the latter;
of the judicial rescission of the adoption,
the court in the same proceeding shall (4) Parents and their illegitimate
reinstate the parental authority of the children and the legitimate and
parents by nature, unless the latter are illegitimate children of the latter;
disqualified or incapacitated, in which and
case the court shall appoint a guardian
over the person and property of the (5) Legitimate brothers and sisters,
minor. If the adopted person is physically whether of full or half-blood (291a)
or mentally handicapped, the court shall Art. 196. Brothers and sisters not
appoint in the same proceeding a legitimately related, whether of the full
guardian over his person or property or or half-blood, are likewise bound to
both. support each other to the full extent set
forth in Article 194, except only when the
Judicial rescission of the adoption shall need for support of the brother or sister,
extinguish all reciprocal rights and being of age, is due to a cause imputable
obligations between the adopters and the to the claimant's fault or negligence.
adopted arising from the relationship of (291a)
parent and child. The adopted shall
likewise lose the right to use the Art. 197. In case of legitimate
surnames of the adopters and shall ascendants; descendants, whether
legitimate or illegitimate; and brothers should the latter not have sufficient
and sisters, whether legitimately or means to satisfy all claims, the order
illegitimately related, only the separate established in the preceding article shall
property of the person obliged to give be followed, unless the concurrent
support shall be answerable provided obligees should be the spouse and a child
that in case the obligor has no separate subject to parental authority, in which
property, the absolute community or the case the child shall be preferred. (295a)
conjugal partnership, if financially
capable, shall advance the support, Art. 201. The amount of support, in the
which shall be deducted from the share cases referred to in Articles 195 and 196,
of the spouse obliged upon the shall be in proportion to the resources or
liquidation of the absolute community or means of the giver and to the necessities
of the conjugal partnership. (n) of the recipient. (296a)

Art. 198. During the proceedings for Art. 202. Support in the cases referred to
legal separation or for annulment of in the preceding article shall be reduced
marriage, and for declaration of nullity of or increased proportionately, according
marriage, the spouses and their children to the reduction or increase of the
shall be supported from the properties of necessities of the recipient and the
the absolute community or the conjugal resources or means of the person obliged
partnership. After the final judgment to furnish the same. (297a)
granting the petition, the obligation of
mutual support between the spouses Art. 203. The obligation to give support
ceases. However, in case of legal shall be demandable from the time the
separation, the court may order that the person who has a right to receive the
guilty spouse shall give support to the same needs it for maintenance, but it
innocent one, specifying the terms of shall not be paid except from the date of
such order. (292a) judicial or extra-judicial demand.

Art. 199. Whenever two or more persons Support pendente lite may be claimed in
are obliged to give support, the liability accordance with the Rules of Court.
shall devolve upon the following persons
in the order herein provided: Payment shall be made within the first
(1) The spouse; five days of each corresponding month or
when the recipient dies, his heirs shall
(2) The descendants in the nearest not be obliged to return what he has
degree; received in advance. (298a)

(3) The ascendants in the nearest Art. 204. The person obliged to give
degree; and support shall have the option to fulfill the
obligation either by paying the allowance
(4) The brothers and sisters. fixed, or by receiving and maintaining in
(294a) the family dwelling the person who has a
Art. 200. When the obligation to give right to receive support. The latter
support falls upon two or more persons, alternative cannot be availed of in case
the payment of the same shall be divided there is a moral or legal obstacle thereto.
between them in proportion to the (299a)
resources of each.
Art. 205. The right to receive support
However, in case of urgent need and by under this Title as well as any money or
special circumstances, the judge may property obtained as such support shall
order only one of them to furnish the not be levied upon on attachment or
support provisionally, without prejudice execution. (302a)
to his right to claim from the other
obligors the share due from them. Art. 206. When, without the knowledge
of the person obliged to give support, it
When two or more recipients at the same is given by a stranger, the latter shall
time claim support from one and the have a right to claim the same from the
same person legally obliged to give it, former, unless it appears that he gave it
without intention of being reimbursed. (311a)
(2164a)
Art. 212. In case of absence or death of
Art. 207. When the person obliged to either parent, the parent present shall
support another unjustly refuses or fails continue exercising parental authority.
to give support when urgently needed by The remarriage of the surviving parent
the latter, any third person may furnish shall not affect the parental authority
support to the needy individual, with over the children, unless the court
right of reimbursement from the person appoints another person to be the
obliged to give support. This Article shall guardian of the person or property of the
particularly apply when the father or children. (n)
mother of a child under the age of
majority unjustly refuses to support or Art. 213. In case of separation of the
fails to give support to the child when parents, parental authority shall be
urgently needed. (2166a) exercised by the parent designated by
the Court. The Court shall take into
Art. 208. In case of contractual support account all relevant considerations,
or that given by will, the excess in especially the choice of the child over
amount beyond that required for legal seven years of age, unless the parent
support shall be subject to levy on chosen is unfit. (n)
attachment or execution.
Art. 214. In case of death, absence or
Furthermore, contractual support shall unsuitability of the parents, substitute
be subject to adjustment whenever parental authority shall be exercised by
modification is necessary due to changes the surviving grandparent. In case
of circumstances manifestly beyond the several survive, the one designated by
contemplation of the parties. (n) the court, taking into account the same
consideration mentioned in the preceding
TITLE IX article, shall exercise the authority.
PARENTAL AUTHORITY (355a)

Chapter 1. General Provisions Art. 215. No descendant shall be


compelled, in a criminal case, to testify
Art. 209. Pursuant to the natural right against his parents and grandparents,
and duty of parents over the person and except when such testimony is
property of their unemancipated indispensable in a crime against the
children, parental authority and descendant or by one parent against the
responsibility shall include the caring for other. (315a)
and rearing them for civic consciousness
and efficiency and the development of Chapter 2. Substitute and Special
their moral, mental and physical Parental Authority
character and well-being. (n)
Art. 216. In default of parents or a
Art. 210. Parental authority and judicially appointed guardian, the
responsibility may not be renounced or following person shall exercise substitute
transferred except in the cases parental authority over the child in the
authorized by law. (313a) order indicated:
(1) The surviving grandparent, as
Art. 211. The father and the mother shall provided in Art. 214;
jointly exercise parental authority over
the persons of their common children. In (2) The oldest brother or sister,
case of disagreement, the father's over twenty-one years of age,
decision shall prevail, unless there is a unless unfit or disqualified; and
judicial order to the contrary.
(3) The child's actual custodian,
Children shall always observe respect over twenty-one years of age,
and reverence towards their parents and unless unfit or disqualified.
are obliged to obey them as long as the Whenever the appointment or a judicial
children are under parental authority. guardian over the property of the child
becomes necessary, the same order of good example, and to provide for
preference shall be observed. (349a, their upbringing in keeping with
351a, 354a) their means;

Art. 217. In case of foundlings, (2) To give them love and


abandoned neglected or abused children affection, advice and counsel,
and other children similarly situated, companionship and understanding;
parental authority shall be entrusted in
summary judicial proceedings to heads of (3) To provide them with moral
children's homes, orphanages and similar and spiritual guidance, inculcate in
institutions duly accredited by the proper them honesty, integrity, self-
government agency. (314a) discipline, self-reliance, industry
and thrift, stimulate their interest
Art. 218. The school, its administrators in civic affairs, and inspire in them
and teachers, or the individual, entity or compliance with the duties of
institution engaged in child are shall citizenship;
have special parental authority and
responsibility over the minor child while (4) To furnish them with good and
under their supervision, instruction or wholesome educational materials,
custody. supervise their activities,
recreation and association with
Authority and responsibility shall apply to others, protect them from bad
all authorized activities whether inside or company, and prevent them from
outside the premises of the school, entity acquiring habits detrimental to
or institution. (349a) their health, studies and morals;

Art. 129. Those given the authority and (5) To represent them in all
responsibility under the preceding Article matters affecting their interests;
shall be principally and solidarily liable
for damages caused by the acts or (6) To demand from them respect
omissions of the unemancipated minor. and obedience;
The parents, judicial guardians or the
persons exercising substitute parental (7) To impose discipline on them
authority over said minor shall be as may be required under the
subsidiarily liable. circumstances; and

The respective liabilities of those referred (8) To perform such other duties
to in the preceding paragraph shall not as are imposed by law upon
apply if it is proved that they exercised parents and guardians. (316a)
the proper diligence required under the Art. 221. Parents and other persons
particular circumstances. exercising parental authority shall be
civilly liable for the injuries and damages
All other cases not covered by this and caused by the acts or omissions of their
the preceding articles shall be governed unemancipated children living in their
by the provisions of the Civil Code on company and under their parental
quasi-delicts. (n) authority subject to the appropriate
defenses provided by law. (2180(2)a and
Chapter 3. Effect of Parental (4)a )
Authority
Upon the Persons of the Children Art. 222. The courts may appoint a
guardian of the child's property or a
Art. 220. The parents and those guardian ad litem when the best
exercising parental authority shall have interests of the child so requires. (317)
with the respect to their unemancipated
children on wards the following rights Art. 223. The parents or, in their absence
and duties: or incapacity, the individual, entity or
(1) To keep them in their institution exercising parental authority,
company, to support, educate and may petition the proper court of the
instruct them by right precept and place where the child resides, for an
order providing for disciplinary measures the place where the child resides, or, if
over the child. The child shall be entitled the child resides in a foreign country, in
to the assistance of counsel, either of his the proper court of the place where the
choice or appointed by the court, and a property or any part thereof is situated.
summary hearing shall be conducted
wherein the petitioner and the child shall The petition shall be docketed as a
be heard. summary special proceeding in which all
incidents and issues regarding the
However, if in the same proceeding the performance of the obligations referred
court finds the petitioner at fault, to in the second paragraph of this Article
irrespective of the merits of the petition, shall be heard and resolved.
or when the circumstances so warrant,
the court may also order the deprivation The ordinary rules on guardianship shall
or suspension of parental authority or be merely suppletory except when the
adopt such other measures as it may child is under substitute parental
deem just and proper. (318a) authority, or the guardian is a stranger,
or a parent has remarried, in which case
Art. 224. The measures referred to in the the ordinary rules on guardianship shall
preceding article may include the apply. (320a)
commitment of the child for not more
than thirty days in entities or institutions Art. 226. The property of the
engaged in child care or in children's unemancipated child earned or acquired
homes duly accredited by the proper with his work or industry or by onerous
government agency. or gratuitous title shall belong to the
child in ownership and shall be devoted
The parent exercising parental authority exclusively to the latter's support and
shall not interfere with the care of the education, unless the title or transfer
child whenever committed but shall provides otherwise.
provide for his support. Upon proper
petition or at its own instance, the court The right of the parents over the fruits
may terminate the commitment of the and income of the child's property shall
child whenever just and proper. (391a) be limited primarily to the child's support
and secondarily to the collective daily
Chapter 4. Effect of Parental needs of the family. (321a, 323a)
Authority Upon
the Property of the Children Art. 227. If the parents entrust the
management or administration of any of
Art. 225. The father and the mother shall their properties to an unemancipated
jointly exercise legal guardianship over child, the net proceeds of such property
the property of the unemancipated shall belong to the owner. The child shall
common child without the necessity of a be given a reasonable monthly allowance
court appointment. In case of in an amount not less than that which
disagreement, the father's decision shall the owner would have paid if the
prevail, unless there is a judicial order to administrator were a stranger, unless the
the contrary. owner, grants the entire proceeds to the
child. In any case, the proceeds thus
Where the market value of the property give in whole or in part shall not be
or the annual income of the child charged to the child's legitime. (322a)
exceeds P50,000, the parent concerned
shall be required to furnish a bond in Chapter 5. Suspension or
such amount as the court may Termination of Parental Authority
determine, but not less than ten per
centum (10%) of the value of the Art. 228. Parental authority terminates
property or annual income, to guarantee permanently:
the performance of the obligations (1) Upon the death of the parents;
prescribed for general guardians.
(2) Upon the death of the child; or
A verified petition for approval of the
bond shall be filed in the proper court of
(3) Upon emancipation of the child.
(327a) The suspension or deprivation may be
Art. 229. Unless subsequently revived by revoked and the parental authority
a final judgment, parental authority also revived in a case filed for the purpose or
terminates: in the same proceeding if the court finds
(1) Upon adoption of the child; that the cause therefor has ceased and
will not be repeated. (33a)
(2) Upon appointment of a general
guardian; Art. 232. If the person exercising
parental authority has subjected the
(3) Upon judicial declaration of child or allowed him to be subjected to
abandonment of the child in a case sexual abuse, such person shall be
filed for the purpose; permanently deprived by the court of
such authority. (n)
(4) Upon final judgment of a
competent court divesting the Art. 233. The person exercising
party concerned of parental substitute parental authority shall have
authority; or the same authority over the person of
the child as the parents.
(5) Upon judicial declaration of
absence or incapacity of the person In no case shall the school administrator,
exercising parental authority. teacher of individual engaged in child
(327a) care exercising special parental authority
Art. 230. Parental authority is suspended inflict corporal punishment upon the
upon conviction of the parent or the child. (n)
person exercising the same of a crime
which carries with it the penalty of civil TITLE X
interdiction. The authority is EMANCIPATION AND AGE OF
automatically reinstated upon service of MAJORITY
the penalty or upon pardon or amnesty
of the offender. (330a) Art. 234. Emancipation takes place by
the attainment of majority. Unless
Art. 231. The court in an action filed for otherwise provided, majority commences
the purpose in a related case may also at the age of twenty-one years.
suspend parental authority if the parent
or the person exercising the same: Emancipation also takes place:
(1) Treats the child with excessive (1) By the marriage of the minor;
harshness or cruelty; or

(2) Gives the child corrupting (2) By the recording in the Civil
orders, counsel or example; Register of an agreement in a
public instrument executed by the
(3) Compels the child to beg; or parent exercising parental
authority and the minor at least
(4) Subjects the child or allows him eighteen years of age. Such
to be subjected to acts of emancipation shall be irrevocable.
lasciviousness. (397a, 398a, 400a, 401a)
The grounds enumerated above are Art. 235. The provisions governing
deemed to include cases which have emancipation by recorded agreement
resulted from culpable negligence of the shall also apply to an orphan minor and
parent or the person exercising parental the person exercising parental authority
authority. but the agreement must be approved by
the court before it is recorded. (n)
If the degree of seriousness so warrants,
or the welfare of the child so demands, Art. 236. Emancipation for any cause
the court shall deprive the guilty party of shall terminate parental authority over
parental authority or adopt such other the person and property of the child who
measures as may be proper under the shall then be qualified and responsible
circumstances. for all acts of civil life. (412a)
Art. 237. The annulment or declaration Art. 242. Upon the filing of the petition,
of nullity of the marriage of a minor or of the court shall notify the other spouse,
the recorded agreement mentioned in whose consent to the transaction is
the foregoing. Articles 234 and 235 shall required, of said petition, ordering said
revive the parental authority over the spouse to show cause why the petition
minor but shall not affect acts and should not be granted, on or before the
transactions that took place prior to the date set in said notice for the initial
recording of the final judgment in the conference. The notice shall be
Civil Register. (n) accompanied by a copy of the petition
and shall be served at the last known
TITLE XI address of the spouse concerned. (n)
SUMMARY JUDICIAL PROCEEDINGS
IN THE FAMILY LAW Art. 243. A preliminary conference shall
be conducted by the judge personally
Chapter 1. Prefatory Provisions without the parties being assisted by
counsel. After the initial conference, if
Art. 238. Until modified by the Supreme the court deems it useful, the parties
Court, the procedural rules provided for may be assisted by counsel at the
in this Title shall apply as regards succeeding conferences and hearings.
separation in fact between husband and (n)
wife, abandonment by one of the other,
and incidents involving parental Art. 244. In case of non-appearance of
authority. (n) the spouse whose consent is sought, the
court shall inquire into the reasons for
Chapter 2. Separation in Fact his failure to appear, and shall require
such appearance, if possible. (n)
Art. 239. When a husband and wife are
separated in fact, or one has abandoned Art. 245. If, despite all efforts, the
the other and one of them seeks judicial attendance of the non-consenting spouse
authorization for a transaction where the is not secured, the court may proceed ex
consent of the other spouse is required parte and render judgment as the facts
by law but such consent is withheld or and circumstances may warrant. In any
cannot be obtained, a verified petition case, the judge shall endeavor to protect
may be filed in court alleging the the interests of the non-appearing
foregoing facts. spouse. (n)

The petition shall attach the proposed Art. 246. If the petition is not resolved at
deed, if any, embodying the transaction, the initial conference, said petition shall
and, if none, shall describe in detail the be decided in a summary hearing on the
said transaction and state the reason basis of affidavits, documentary evidence
why the required consent thereto cannot or oral testimonies at the sound
be secured. In any case, the final deed discretion of the court. If testimony is
duly executed by the parties shall be needed, the court shall specify the
submitted to and approved by the court. witnesses to be heard and the subject-
(n) matter of their testimonies, directing the
parties to present said witnesses. (n)
Art. 240. Claims for damages by either
spouse, except costs of the proceedings, Art. 247. The judgment of the court shall
may be litigated only in a separate be immediately final and executory. (n)
action. (n)
Art. 248. The petition for judicial
Art. 241. Jurisdiction over the petition authority to administer or encumber
shall, upon proof of notice to the other specific separate property of the
spouse, be exercised by the proper court abandoning spouse and to use the fruits
authorized to hear family cases, if one or proceeds thereof for the support of
exists, or in the regional trial court or its the family shall also be governed by
equivalent sitting in the place where these rules. (n)
either of the spouses resides. (n)
Chapter 3. Incidents Involving year after the completion of its
Parental Authority publication in a newspaper of general
circulation, as certified by the Executive
Art. 249. Petitions filed under Articles Secretary, Office of the President.
223, 225 and 235 of this Code involving
parental authority shall be verified. (n) Done in the City of Manila, this 6th day
of July, in the year of Our Lord, nineteen
Art. 250. Such petitions shall be verified hundred and eighty-seven.
and filed in the proper court of the place
where the child resides. (n)

Art. 251. Upon the filing of the petition,


the court shall notify the parents or, in
their absence or incapacity, the
individuals, entities or institutions
exercising parental authority over the
child. (n)

Art. 252. The rules in Chapter 2 hereof


shall also govern summary proceedings
under this Chapter insofar as they are
applicable. (n)

Chapter 4. Other Matters Subject to


Summary Proceedings

Art. 253. The foregoing rules in Chapters


2 and 3 hereof shall likewise govern
summary proceedings filed under Articles
41, 51, 69, 73, 96, 124 and 127, insofar
as they are applicable. (n)

TITLE XII
FINAL PROVISIONS

Art. 254. Titles III, IV, V, VI, VIII, IX, XI,


and XV of Book 1 of Republic Act No.
386, otherwise known as the Civil Code
of the Philippines, as amended, and
Articles 17, 18, 19, 27, 28, 29, 30, 31,
39, 40, 41, and 42 of Presidential Decree
No. 603, otherwise known as the Child
and Youth Welfare Code, as amended,
and all laws, decrees, executive orders,
proclamations, rules and regulations, or
parts thereof, inconsistent herewith are
hereby repealed.

Art. 255. If any provision of this Code is


held invalid, all the other provisions not
affected thereby shall remain valid.

Art. 256. This Code shall have retroactive


effect insofar as it does not prejudice or
impair vested or acquired rights in
accordance with the Civil Code or other
laws.

Art. 257. This Code shall take effect one