Rights and Obligations Between The Husband and The Wife (JL-FORM)

San Beda College of Law
Persons and Family Relations
RIGHTS AND OBLIGATIONS BETWEEN spouse which redounded to the benefit of

THE HUSBAND AND THE WIFE the family shall be borne by the absolute
(JL-FORM) community of property or conjugal
property (Sta Maria, Melencio Jr. S.,
Persons and Family Relations Law, Fourth
1. Live together Edition, 2004)
Act of living together is a voluntary act
of the spouses which cannot be 3. Creditors who acted in good faith are
compelled by any proceeding in court. protected if spouse transacted with
2. Observe mutual love, respect and fidelity creditor without the consent of the other
3. Render mutual help & support but creditor had no knowledge thereof, the
4. Fix the family domicile absolute community of property or
5. Joint responsibility for the support of the conjugal partnership shall be liable.
family
a. Expenses shall be paid from the PROPERTY RELATIONS BETWEEN THE
community property HUSBAND AND THE WIFE
b. In the absence thereof, from income
or fruits of their separate properties
c. In the absence or insufficiency thereof, Governed By:
from their separate properties 1. Marriage settlements executed before
6. Joint management of the household the marriage or ante nuptial agreements
2. Provisions of the Family Code
Exercise of Profession 3. Local customs when spouses
General Rule: Both can engage in any lawful repudiate absolute community
enterprise or profession WITHOUT the When parties stipulate in their MS that
consent of the other. local custom shall apply or that ACP
regime shall not govern but fail to
Exception: The other spouse may object only stipulate what property regime will be
on valid, serious and moral grounds. applied
4. In the absence of local custom, rules
In case of disagreement, court shall decide on coownership will apply (Art. 74)
whether or not the objection is proper and the
benefit accrued to the family prior to the Commencement
objection or thereafter. It commences at the precise moment of the
celebration of the marriage. (Art. 88 for ACP
Rule if Business Benefited Family and 107 for CPG)
1. Benefit accrued to family before objection
absolute community of property or Marriage Settlement (MS)
conjugal partnership is liable for It is a contract entered into by the future
damages/obligations incurred spouses fixing the matrimonial property regime
that should govern during the existence of the
Exception: Separate property of erring marriage.
spouse shall be liable if profession is
seriously invalid and immoral, in which In the absence of MS or when regime agreed
case even if benefits actually accrued in upon is void, ACP shall govern. (Art. 75)
favor of the family
Requisites: (BF-WASP)
Exception to exception: When spouse has 1. Made before celebration of marriage
knowledge of other spouses engagement 2. In writing (even modifications)
in an immoral activity, it is as if there was Oral MS is void and cannot be ratified
actually no disagreement. by any claim of partial execution or
absence of objection
2. Benefit accrued after objection separate
property of spouse who did not secure Exception: If marriage is terminated by
consent of other shall be solely liable death of one of spouses and surviving
(Albano, Ed Vincent S., Persons and spouse marries again without initiating
Family Relations, Third Edition, 2006) settlement of properties of previous
marriage within 1 year from death of
After objection by the innocent spouse, deceased spouse, mandatory regime
any obligation incurred by the erring of complete separation of property
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shall govern property relations of decree of legal separation has been

subsequent marriage (Arts. 103 and issued (Art. 66, 67)
130) 2. Abandonment or failure to comply with
3. Signed by the parties marital obligations (Art. 128)
4. Will not prejudice third persons unless 3. Filing a voluntary and verified petition in
registered in the civil registry court to modify property regime into
5. Shall fix terms and conditions of their separate community of property regime
property relations pursuant to grounds provided in Art. 135
6. Additional signatories/ parties
a. 18 21: parents or those required Donation by Reason of Marriage
to give consent must be made parties Donations Propter Nuptias (DPN) are made by
to the MS, otherwise it shall be void one spouse in favor of the other or by a
b. Civil interdictees & disabled: It is stranger. It is without onerous consideration,
indispensable for the guardian the marriage being merely the occasion or
appointed by court to be made a party motive for the donation, not its causa. Being
to the MS. liberalities, they remain subject to reduction for
inofficiousness upon the donors death, should
Note: It is argued by some law practitioners they infringe the legitime of a forced heir
and authors that while no person below 18 can (Mateo vs. Lagua, No. L-26270, October 30,
enter into a valid marriage and since the MS is 1969).
required to be executed before the marriage,
one below 18 may execute a MS as long as he Requisites: (COB)
or she is 18 or above at the time of marriage. 1. Made before celebration of marriage
2. In consideration of marriage
Efficacy of marriage settlement (Art. 81) 3. In favor of one or both of the future
General Rule: The Consideration of a MS is spouses
the marriage itself. If the marriage does not Additionally, in case of donation on
take place, the MS is generally void. one of the would be spouses: (MOAC)
a. There must be a valid MS
Exception: Stipulations in the MS that do not stipulating a property regime other
depend upon the celebration of the marriage than ACP
shall be valid b. Donation in MS not more than
one-fifth (1/5) of present property
General Rule: Property relations shall be Limitation does not apply if
governed by Philippine laws, regardless of the DPN is not included in MS but
place of the celebration of the marriage or the contained in separate deed;
parties residence (Art. 80). general rules on donation apply
subject to limitation that no person
Exceptions: may give/ receive by way of
1. If both spouses are aliens, even if married donation more than he may
in the Philippines give/receive by will
2. As to extrinsic validity of contracts c. Accepted by would be spouse
affecting property: d. Complies with requisites in Title II
a. Not situated and executed in the of Book II of Civil Code on
Philippines Donations
b. Executed in the Philippines but
situated in the foreign country whose Note: For donation of present property to be
laws require different formalities for valid, the rules governing ordinary donations
extrinsic validity under Title III of Book III of the Civil Code must
3. Contrary stipulation be observed.
Modification in Marriage Settlements Please refer to Property on requisites for valid

General Rule: Must be made before the donations.
marriage, in writing, signed by parties
DPN of Future Property
Exceptions: Can be made after the ceremony DPN of future property is allowed by way of
in case of judicial separation of property during exception to Art. 751 of NCC which provides
the marriage: that donations cannot comprehend future
1. In case of revival of former property property. It is governed by law on testamentary
regime between reconciling spouses after succession both as to intrinsic and extrinsic
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2010 Centralized Bar Operations
validity. But said DPN cannot be revoked at The prohibition does not include a spouse
the will of the donor but only on the basis of being the beneficiary of an insurance contract
Art. 86 of the FC. over the life of the other spouse. (Gercio vs.
Sunlife Assurance Co. of Canada, G.R. No.
DPN of Encumbered Property 23703, September 28, 1925)
The donation is valid because the donor is still
the owner, even if it is encumbered. If Grounds for Revocation (V-RALCN)
mortgage is foreclosed and sold at a lesser 1. Marriage not celebrated or declared
price, donee is not liable for deficiency but if Void ab initio except those made in MS
sold for more, donee is entitled to excess (Art. that do not depend on celebration of
85). marriage
If made by a stranger, action for
Donations Propter Nuptias and Ordinary revocation may be brought under
Donations ordinary rules on prescription: if in
DONATIONS ORDINARY writing, brought within 10 years and if
PROPTER NUPTIAS DONATIONS oral, within 6 years. (Albano, Ed
Formalities Vincent S., Persons and Family
Governed by the rules Governed by rules on Relations, Third Edition, 2006)
on ordinary donations donations (Arts. 725 2. Marriage without parental Consent
except that if future 773, NCC) 3. Marriage is Annulled and donee is in
property is donated, it bad faith
must conform with 4. Upon Legal separation, the donee
formalities of wills
being the guilty spouse
Present Property
May be donated but No limit except that
5. Complied with Resolutory condition
only up to 1/5 of donor shall leave 6. Donee commits acts of Ingratitude as
donors present property enough for his specified by Art. 765 of NCC(Art. 86)
property if the spouses support
agree on a regime SYSTEMS OF PROPERTY REGIMES
other than absolute
community
Future property Absolute Community of Property (ACP)
May be included Cannot be included The property regime of the spouses in the
provided donation is absence of a marriage settlement or when the
mortis causa marriage is void. This is so because it is more
Grounds for revocation in keeping with Filipino culture.
Art. 86, FC Arts. 760, 764, & 765,
NCC It commences at the precise moment the
marriage is celebrated; any stipulation for the
Rule on Donation between Spouses during commencement thereof at any other time is
Marriage void. The same applies to CPG.
General Rule: VOID, either direct or indirect
donation Provisions on CO-OWNERSHIP apply to ACP
Rationale: in all matters not provided by the Chapter on
1. To protect unsecured creditors from being ACP. (Art. 90)
defrauded;
2. To prevent stronger spouse from imposing General Rule: Community property shall
upon the weaker one the transfer of the consist of all property owned by the spouses
latters property to the former; at the time of the marriage or acquired
3. To prevent indirect modification of the thereafter (Art. 91).
marriage settlement.
Exceptions: (BEG)
Exceptions: 1. Property, including fruits and income
1. Moderate gifts on occasions of family thereof, acquired before the marriage by
celebrations either spouse who has legitimate
2. Donations mortis causa descendants by a former marriage
2. Property for personal and exclusive use
Note: This rule also applies to persons living except jewelry
together as husband and wife without a valid 3. Property acquired during the marriage by
marriage (Art.87). gratuitous title, including fruits and income
thereof, except when the donor, testator or
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grantor expressly provides otherwise (Art.

92) Neither spouse may donate any community
property without the consent of the other but
Presumption: Property acquired during the either may, without the others consent, make
marriage is presumed to belong to the moderate donations for charity or on
community, unless otherwise proven (Art. 93). occasions of family rejoicing or family distress.
(Art. 98) The same applies to CPG.
Note: No waiver of rights allowed during the
marriage except in case of judicial separation Rule on Games of Chance
of property. The waiver must be in a public Loss: Shall be borne by the loserspouse and
instrument and recorded in the office of the shall not be charged to the community
local civil registrar where the marriage contract property
was recorded as well as in the proper registry
of property (Art. 89 and 77). The same applies Winnings: Shall form part of the community
to CPG. property (Art. 95)
Administration and Disposition of the Exception: If said ticket was gratuitously given
Community Property by a friend to a spouse, only upon express
General Rule: Administration shall belong to provision of the donor will it be considered part
both spouses jointly. of the community property.
Exceptions: Note: The same applies to CPG.

1. In case of disagreement, husbands
decision shall prevail subject to the Remedies of Present Spouse in case of
recourse to the court by the wife for a Abandonment by the Other Spouse
proper remedy within 5 years from date of 1. Receivership
contract implementing such decision 2. Judicial separation of property
2. In case one spouse is incapacitated or 3. Authority to be the sole administrator of
unable to participate in the administration the absolute community (Art. 101)
of the common properties, the other
spouse may assume sole powers of Note: Three (3) months disappearance or
administration (Art. 96). failure to give within the same period any
These powers do NOT include: information as to a spouses whereabouts shall
a. Disposition be prima facie presumption of abandonment of
b. Encumbrance the other spouse.
The same applies to CPG. Grounds for Termination of Absolute

Community (Art. 99): (LADS)
Note: The husband and wife are the joint 1. Decree of legal separation
administrators of their properties forming part 2. Annulment or declaration of nullity of
of the conjugal partnership and absolute marriage
community of properties. The right vested 3. Death of either spouses
upon them to of the conjugal assets does Surviving spouse shall liquidate ACP
not vest until the dissolution and liquidation of within 1 year from death of deceased
the conjugal partnership. The sale by the spouse if no judicial settlement is
husband of property belonging to the conjugal instituted, failure to do so upon lapse
partnership or the absolute community without of 1 year period makes any disposition
the consent of the wife or authority of the court or encumbrance of ACP void
is void (Abalos vs. Macatangay, G.R. No. Mandatory regime of separation of
155043, September 30, 2004). property governs subsequent
marriage of surviving spouse if he/she
The transaction, however, shall be construed fails to comply with liquidation of ACP
as a continuing offer on the part of the of previous marriage
consenting spouse and the third person, until 4. Judicial separation of property
acceptance by the other spouse or
authorization by the court before the offer is Note: The same applies to CPG.
withdrawn by either or both offerors. (Art. 96)
Conjugal Partnership of Gains (CPG)
Either spouse may dispose by will of his or her It is that formed by a husband and wife
interest in the ACP (Art. 97) whereby they place in a common fund the
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proceeds, products, fruits and income of their

separate properties, and those acquired by Disposition of CPG
either or both spouses through their efforts or A wifes consent to the husbands disposition
by chance, the same to be divided between of conjugal property does not always have to
them equally (as a general rule) upon the be explicit or set forth in any particular
dissolution of the marriage or the partnership. document, so long as it is shown by the acts of
(Art. 106) the wife that such consent was indeed given
(Pelayo v. CA, G.R. No. 141323 June 8, 2005).
The CPG shall be governed by the rules on
the CONTRACT OF PARTNERSHIP in all that The sale of conjugal property requires the
is not in conflict with what is provided in the consent of both spouses; otherwise the sale
chapter on CPG or by the spouses in their MS. shall be void, including the portion of the
(Art. 108) conjugal property pertaining to the husband
who contracted the sale (Homeowners and
Before the presumption that properties Savings Loan Bank vs. CA, GR No 153802,
acquired during marriage is presumed March 11, 2005).
conjugal under Art. 116, there must be proof
that the property was acquired during the Exclusive Property of Each Spouse
marriage. This is a condition sine qua non for (OGREC) (Art. 109)
the operation in favor of conjugal ownership 1. That which is brought to the marriage as
(Metrobank, et al. v. Tan, GR No. 163712, his/her own, whether with or without
November 30, 2006). legitimate descendants
2. Acquired during the marriage by
Properties under Conjugal Partnership gratuitous title
(L2C2 FONTI) Property donated/left by will to
1. Obtained from labor, industry, work or spouses, jointly with designation of
profession of either or both spouses determinate shares, shall pertain to
2. Livestock existing upon dissolution of donee-spouse as exclusive property;
partnership in excess of number of each in absence of designation, property
kind brought to marriage by either spouse shall be divided between them but
3. Acquired by chance such as winnings shall belong to them exclusively (Art.
from gambling but losses therefrom shall 113).
be borne exclusively by loser-spouse If spouse does not accept his/her part
4. Acquired during the marriage by onerous of the donation, accretion sets in favor
title with conjugal funds of the other spouse who will own all of
Damages for physical injuries inflicted property donated as separate
by a third person are exclusive property.
property (Lilius vs. Manila Railroad Accretion will not apply if donor so
Co. G.R. No. 42551 September 4, provides or if there is designation of
1935) determinate properties (i.e. house,
Damages from illegal detention of car).
exclusive property pertains to CPG if If donation is onerous, charges shall
detention deprived the CP of the use be borne by exclusive property of
and earnings thereof (Bismorte vs. donee-spouse, whenever advanced
Aldecoa, G.R. No. L-5586, December by the CPG.
10, 1910) Retirement benefits, pensions,
5. Fruits of the conjugal property during the annuities, gratuities, usufructs, and
marriage similar benefits acquired by gratuitous
6. Acquired through occupation such as title are exclusive properties; if by
fishing onerous title during marriage (i.e.
7. Net fruits of their exclusive property contributions to pension funds or
8. Share of either spouse in hidden treasure deduction from salaries of common
(Art. 117) funds), they are CP (Art. 115).
9. Interest falling due during the marriage on 3. Acquired by right of redemption, barter or
principal amount of credit belonging to one exchange with property belonging to either
spouse which is payable in partial spouse
payments/ installments and collected Ownership still belongs to person who
during the marriage (Art. 119) has right of redemption, even if
conjugal funds are used to redeem,
subject to reimbursement
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If separate property in addition to Charges upon and Obligations of ACP and CP

conjugal funds were used as part of ACP (Art. 94) CPG (Art. 121)
purchase price of a new property, the Support of the spouses, their common children, and
new property shall be considered legitimate children of either spouse
conjugal For illegitimate children, For illegitimate children,
4. Purchased with exclusive money of either support from separate support from separate
spouse property of person property of person
obliged to give support. obliged to give support.
5. Principal amount of credit belonging to
In case of insufficiency In case of insufficiency
one spouse payable in partial payments/ or absence of separate or absence of separate
installments, which will be fully paid during property, ACP shall property, CP shall
the marriage (Art. 119). advance support, advance support,
chargeable to share of chargeable to share of
Note: Transfer of administration of the parent upon liquidation parent upon liquidation,
exclusive property of either spouse does not but only after obligations
confer ownership of the same (Rodriguez v. in Art. 121 have been
De la Cruz, G.R. No. L-3629, September 28, covered
Debts and Obligations Contracted During Marriage
1907).
a. By the administrator spouse designated in
MS/appointed by court/one assuming sole
Property Bought on Installment (Art. 118) administration
Property bought on installments paid partly b. By one without the consent of the other
from exclusive funds of the spouses and partly c. By one with the consent of other
from conjugal funds: d. By both spouses
1. If full ownership was vested before the
marriage it shall belong to the buyer For (a) and (b), creditor has burden of proving
spouse (ex: contract to sell, full payment benefit to family and ACP/CPG chargeable to extent
of benefit proven, otherwise, chargeable to separate
made during marriage using CP)
property of obligor spouse
2. If full ownership was vested during the
marriage it shall belong to the conjugal For (c) and (d), benefit to family presumed
partnership (ex: contract of sale) All taxes, liens, charges and expenses including
minor repairs upon ACP or CP
In both cases, there is reimbursement upon Taxes and Expenses for Taxes and Expenses for
liquidation. In (1), owner-spouse reimburses mere preservation mere preservation
the CP. In (2), CP shall reimburse the owner- during marriage upon during marriage upon
spouse. separate property of separate property of
either spouse used by either spouse,
family regardless of whether
Improvement of Exclusive Property
used by family because
Reverse Accession if the cost of the use and enjoyment of
improvement resulted in the increase in value separate property of the
of more than the value of the principal property spouses belong to the
at the time of the improvement, the entire partnership
property shall belong to CPG subject to Expenses to enable either spouse to
reimbursement of the value of the principal commence/complete a professional, vocational or
property at the time of the improvement to the other activity for self-improvement
owner-spouse. Value donated/promise by both spouses in favor of
common legitimate children for exclusive purpose of
commencing or completing professional or
Accession if the cost of the improvement of
vocational course or other activity for self-
the plus value is equal to or less than the improvement
value of the principal property at the time of Expenses of litigation between spouses unless suit
the improvement, the entire property remains found to be groundless
the exclusive property of the spouse, subject 1. Ante-Nuptial Debts For Ante-Nuptial Debts,
to reimbursement of the value of the cost of Chargeable to ACP same as ACP but in
improvement if redounded to case of insufficiency of
benefit of family separate property,
Note: The obligation to reimburse rests on the 2. Personal debts not obligations enumerated
spouse upon whom ownership of the entire redounding to in Art. 121 must first be
benefit of family satisfied before such
property is vested. There is no obligation on
such as liabilities debts may be
the part of the purchaser of the property in incurred by reason chargeable to the CP
case the property is sold by the owner-spouse of crime or quasi-
(Ferrer v. Ferrer, G.R. No. 166496, November delict, chargeable
29, 2006) to separate
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property of debtor For CPG, must first reimburse spouse

spouse for separate property acquired by CP
3. In case of due to increased value thereof as a
insufficiency of
result of improvements thereon
separate property,
chargeable to ACP 3. Delivery to each spouse of his/her
but considered separate property if any
advances 4. For CPG, unless owner indemnified from
deductible from whatever source, payment of loss or
share of debtor- deterioration of movables belonging to
spouse upon either spouse that was used for the benefit
liquidation of the family
5. Division of net assets (for ACP) or net
Note: The separate properties shall be profits (CPG), which are subject to
solidarily and subsidiarily liable for the forfeiture
obligations if the community or conjugal 6. Delivery of presumptive legitime, if any, to
properties are insufficient. the children
7. For CPG, adjudication of conjugal dwelling
Benefits that might accrue to a husband in his and lot
signing a surety or guarantee agreement not in
favor of the family but in favor of his employer Separation of Property
corporation are not benefits that can be Takes place if expressly provided for in the MS
considered as giving a direct advantage or by judicial order after the marriage (Art.
accruing to the family. Hence, the creditors 134)
cannot go against the conjugal partnership
property in satisfying the obligation subject of It may refer to present or future property or
the surety agreement. A contrary view would both, total or partial. If partial, ACP shall
put in peril the conjugal partnership property govern properties not agreed upon as
by allowing it to be given gratuitously similar to separate. (Art. 144)
cases of donation of conjugal partnership
property, which is prohibited. Separation of property may be effected
voluntarily or for sufficient cause, subject to
The conjugal partnership is NOT liable for an judicial approval.
indemnity agreement entered into by the
husband to accommodate a third party A Compromise Agreement which was judicially
(Security Bank v. Mar Tierra Corp., GR No. approved is exactly such a separation of
143382, November 29, 2006). property allowed under the law. However, the
Court must stress that this voluntary
Steps in Liquidation of ACP and CPG separation of property is subject to the rights
(Art. 102 and 129) of all creditors of the conjugal partnership of
1. Inventory of ACP or CPG properties and gains and other persons with pecuniary
exclusive property of each spouse interest pursuant to Article 136 of the Family
Code (Virgilio Maquilan vs. Dita Maquilan,
Separate property included as it is
G.R. No. 155409, June 8, 2007).
solidarily liable to creditors and will be
used to pay them if ACP or CPG is
Causes of Judicial Separation of Property:
insolvent
(CLAPS)
Should also include receivables from
1. Petitioners spouse has been sentenced
each spouse for:
with a penalty which carries with it civil
a. Amounts advanced for personal
interdiction;
debts of each spouse
2. Loss of parental authority of the
b. Support pendent elite of each
petitioners spouse as decreed by the
spouse
court;
c. For CPG, include value of
3. Petitioners spouse has been judicially
improvements constructed on
declared an absentee;
separate property
4. Abandonment by the petitioners spouse
2. Payment of ACP or CPG debts
or failure to comply with the obligations to
Must first pay out of the ACP or CP the family as provided in Art. 101;
property, if insufficient, spouses 5. Spouse granted power of administration in
solidarily liable with separate marriage settlement abused such power;
properties and
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6. At the time of the petition, spouses are 7. Spouses agree upon joint petition to
separated in fact for at least 1 year and revival of former property regime after
the possibility for reconciliation is highly voluntary dissolution of ACP or CPG has
improbable (Art. 135). been judicially decreed
No voluntary separation of property
Note: In the cases provided for in (1-3), may thereafter be granted.
presentation of final judgment against guilty/
absentee spouse is enough basis for grant of Property Regime of Unions without Marriage
degree of judicial separation of property. Art. 147 Art. 148
Applicability
Spouses may jointly file verified petition with The following must In cases of cohabitation
court for voluntary dissolution of ACP or CPG concur: not falling under Art. 147.
and for separation thereof. (Art. 136) 1. Parties who are Parties do not have the
capacitated to capacity to marry due to
During the pendency of the proceedings, the marry each other some legal impediments
ACP/ CPG shall pay for spousal and child 2. Live exclusively (i.e. adulterous
with each other as relationships and
support (Art. 137).
husband and wife marriages which are
3. Without benefit of bigamous, incestuous,
The spouses contribute to the family expenses marriage or under or void by reason of
PROPORTIONATELY with their income or in void marriage public policy under Art.
case of insufficiency or default thereof, with the 38)
current market value of their separate Salaries and Wages
properties. However, the liability of the Owned in equal shares Separately owned by the
spouses to the creditors for family expenses is parties. If any of them is
SOLIDARY. (Art. 146) married, his/her salary is
the property of the CPG
of the legitimate
Effects of Judicial Separation of Property
marriage
1. Dissolution and liquidation of Property Acquired By Either Exclusively By
ACP/CPG Own Funds
2. Liability of the spouses to creditors Belongs to such party Belongs to such party
shall be solidary with their separate subject to proof of
properties acquisition by
3. Mutual obligation to support each exclusive funds
other continues except when there is legal Property Acquired by Both through their
separation Work/Industry
4. Rights previously acquired by Governed by rules on Owned by them in
creditors are not prejudiced co-ownership common in proportion to
respective contributions
Property Acquired While Living Together
Revival of Former Property Regime
Presumed to be No presumption of joint
(Art. 141) obtained by their joint acquisition. When there
efforts, work, or is evidence of joint
It shall be governed by Art. 67 and may be industry and shall be acquisition but none as
filed in the same proceedings where owned by them in to the extent of actual
separation of property was decreed in any of equal shares. Efforts in contribution, there is a
the following instances: care and maintenance presumption of equal
1. Termination of civil interdiction of family and sharing
2. Reappearance of absentee household considered
contribution in
3. Upon satisfaction of court that spouse
acquisition.
granted administration in the MS will not Forfeiture
abuse that power and authorizes When only 1 of parties 1. If one of parties is
resumption of said administration to void marriage is in validly married to
4. Return and resumption of common life good faith, share of another, his or her
with spouse by the other who left the party in bad faith in the share in the co-
conjugal home without decree of legal co-ownership shall be ownership shall
separation forfeited: accrue to the CP or
5. Restoration of parental authority 1. In favor of their CPG existing in such
6. Reconciliation and resumption of common common children. valid marriage.
2. In case of default 2. If party who acted in
life of spouses who had been separated in or waiver by any bad faith is not validly
fact for at least 1 year or all common married to another,
children or their his/her share shall be
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descendants each forfeited in the same obtained thru their joint efforts and owned by
vacant share shall manner provided for them in equal shares in the absence of proof
belong to in Art. 147 to the contrary. Rules on coownership govern
respective 3. The above rules their property relations.
surviving apply even if both
descendants parties are in bad
3. In their absence, faith. THE FAMILY
to the innocent
party.
Basic social institution which public policy
In all cases, forfeiture cherishes and protects; hence, no suit
takes place upon between members of the family shall prosper
termination of unless a compromise between the parties has
cohabitation failed.
Note: If at the time of the celebration of the Family Relation Includes that:
second marriage, there was a prior existing 1. Between husband and wife
marriage and the spouses in the second 2. Between parents and children
marriage acquired properties, the same belong 3. Among other ascendants and
to the conjugal partnership and there is a descendants
presumption of equal shares (Villanueva vs. 4. Among brothers and sisters whether full or
Heirs of Romualdo Villanueva, July 21, 2006). halfblood (Art. 150)
Tender Loving Care Doctrine Mandatory Prior Recourse to Compromise

The relationship between a man and a woman No suit between members of the same family
whose marriage was subsequently declared shall prosper UNLESS it appears from the
null and void on the ground of psychological verified complaint or petition that earnest
incapacity is governed by Art. 147 of the efforts toward a compromise have been made,
Family Code. Under this article, there exists a and that the same have failed. If it is shown
presumption that the contributions are equal. that no such efforts were, in fact, made, the
Even if one of the parties did not contribute case must be dismissed (Art. 151, NCC).
materially to the common fund, but the said
party took care of the household, the other Exceptions:
party and their common children, these acts 1. When a stranger is involved in the suit
are considered the said partys contribution to 2. In cases where compromise is invalid
the common fund (Buenaventura v. under the Civil Code: (CV JAFF)
Buenaventura, G.R. No. 127358 & 127449, a. Civil status of persons
March 31, 2005). b. Validity of marriage or a legal
separation
Note: Under Art. 148 there is no presumption c. Jurisdiction of courts
of joint acquisition. It must be stressed that d. Any ground for legal separation
actual contribution is required by this e. Future support
provision, in contrast to Art. 147 which states f. Future legitime
that efforts in the care and maintenance of the
family and household, are regarded as Family Home
contributions to the acquisition of common It is constituted jointly by the husband and wife
property by one who has no salary or income or by an unmarried head of a family; is the
or work or industry. Under Art. 148, if the dwelling house where they and their family
actual contribution of the party is not proved, reside, and the land on which it is situated.
there will be no coownership and no (Art. 152)
presumption of equal shares (Agapay v.
Palang, G.R. No. 116668, July 28, 1997). General Rule: The family home is exempt
Hence, mere cohabitation without proof of from execution, forced sale or attachment.
contribution will not result in a coownership
(Tumlos vs. Fernandez, G.R. NO. 137650, Exceptions: (PLMN)
April 12, 2000). 1. Debts incurred prior to constitution;
2. Debts due to laborers, mechanics,
HOWEVER, in the case of Abing v. Waeyan architects, builders, material men and
(G.R. No.146294, July 31, 2006) the Supreme others who have rendered service or
Court ruled that any property acquired by furnished materials for the construction of
common law spouses during the period of the building;
cohabitation is presumed to have been
30
3. Debts secured by mortgages on family constituted the same, his or her spouse and
home; majority of the beneficiaries of legal age give
4. Nonpayment of taxes on home (Art. 155) their consent. (Art. 158)
Note: If ever the family home is subject of The family home cannot be the subject of
an attachment, the beneficiaries thereof partition after the death of the father when they
have to move for the quashal of the writ of became co-owners. The family home is
attachment. If no motion for the quashal of shielded from immediate partition under Article
the writ or attachment or levy is filed, the 159. The rights of the individual co-owner of
benefit of exemption is considered waived the family home cannot subjugate the rights
(Honrado v. Court of Appeals, G.R. No. granted under Article 159 to the beneficiaries
166333, November 25, 2005) of the family home. Hence, the prohibition in
Article 159 of the Family Code applies even if
Guidelines: the family home has passed by succession to
1. Constituted on the dwelling house of the the coownership of the heirs or even if it has
family and the land on which house is been willed to anyone of them (Arriola v.
situated Arriola, G.R. No. 177703, January 28, 2008).
2. Deemed constituted from time of actual
occupation as a family residence Value of Family Home
3. Must be owned by person constituting it At the time of constitution, its actual value
(may be either or both spouses or the should not exceed P300,000 in urban areas
single head of a family) and P200,000 in rural areas. If it increases in
4. Must be permanent value thereafter, it is still considered as family
5. Rule applies to valid and voidable and home. (Art. 157)
even to commonlaw spouses under
Articles 147 and 148 PATERNITY AND FILIATION
6. Continues despite death of one or both
spouses or unmarried head of the family
for 10 years, or as long as a minor Paternity and filiation refers to the
beneficiary lives therein (Art. 159). relationship existing between parent and child.
Beneficiaries are: Filiation may be by nature or adoption.
a. Husband and wife or unmarried Children may be legitimate or illegitimate.
person who is head of family
b. Their parents, ascendants, Legitimate and Illegitimate Children
descendant, brothers and sisters, Distinguished
legitimate or illegitimate, who are living Legitimate Illegitimate
in the family home and depend upon Conceived or born Conceived and born
during a valid marriage outside a valid marriage
head of family for legal support (Art.
(Art. 164) or inside a void ab initio
153) marriage such as
c. In-laws, provided the home is jointly bigamous and
constituted by husband and wife incestuous marriages
(Manacop vs. CA, G.R. No. 102855 and marriage declared
November 13, 1992) void for being contrary
to law and public policy
After 10 years and a minor beneficiary (Art. 165)
still lives therein, the family home shall Conceived or born Born after the decree of
before the judgment of annulment of a voidable
be preserved only until that minor
annulment or absolute marriage
beneficiary reaches the age of nullity of marriage if
majority. The intention of the law is to ground is psychological
safeguard and protect the interests of incapacity (Art. 54)
the minor beneficiary until he reaches Born in a subsequent
the age of majority (Perla G. Patricio void marriage due to
vs. Marcelino G. Dario III, G.R. No. failure to comply with
170829, November 20, 2006). Art. 52 and 53 (Art. 54)
Product of artificial
7. Can constitute one (1) family home only. insemination provided
both spouses
authorized or ratified
Note: The family home may be alienated, sold, such procedure in a
donated, assigned or encumbered by the written instrument,
owners provided that the person who executed and signed
31
before birth of child and

recorded (Art. 164) Parties
Conceived or born of General Rule: Only the husband may impugn.
mothers who might
have declared against Exception: The heirs, if the husband dies
its legitimacy or was
sentenced as an
before the end of the prescription of the action,
adulteress (Art. 167) or after filing complaint, or the child was born
Legally Adopted after husbands death (Art. 171).
Legitimated: conceived
and born outside of An assertion by the mother against the
wedlock of parents legitimacy of her child cannot affect the
without impediment at legitimacy of the child born or conceived within
the time of conception a valid marriage. A mother has no right to
and had subsequently disavow a child because maternity is never
married
uncertain (Concepcion v. CA, GR No 123450,
August 31, 2005).
Rule on Children Conceived as a Result of
Artificial Insemination The death of the putative father does not ipso
The status of the child is legitimate if all the facto negate the application of DNA testing for
conditions are complied with. The fact that the as long as there exists appropriate biological
husband and wife did not authorize or ratify samples of his DNA. In such a case the
the insemination in a written instrument which petitioner must show the impossibility of
they executed and signed before the birth of obtaining an appropriate biological sample that
the child is only a ground for impugning the can be utilized for the conduct of DNA testing
childs legitimate status. (Estate of Rogelio Ong v. Diaz, G.R. No.
171713, December 17, 2007).
Rules on Impugning Legitimacy
Grounds: (PBA) Rule on Status of Children Born after 300
1. Physical impossibility of the husband days following Termination of Marriage
to have sexual intercourse with his wife Requisites: (TSWBN)
within the 1st 120 days of the 300 days 1. First marriage terminated
immediately preceding the childs birth, 2. Mother contracted subsequent
due to: marriage
a. physical incapacity of the husband; 3. Subsequent marriage was contracted
b. husband and the wife were living within 300 days after termination of
separately; or previous marriage
c. serious illness of the husband which 4. Child was born
absolutely prevented sexual 5. No evidence as to status of child
intercourse
2. Biological or scientific proof that the Rules as to Whom the Child Belongs:
child could not have been that of the 1. To first marriage, if child was born
husband; and before the lapse of 180 days after
3. Written authorization or ratification of celebration of 2nd marriage, provided it was
either parent for artificial insemination was born within 300 days after termination of
obtained through mistake, fraud, violence, the 1st marriage.
intimidation or undue influence (Art. 166). 2. To second marriage, if child was born
after 180 days following celebration of 2 nd
Prescriptive Periods: marriage, whether born within 300 days
One year, from knowledge of birth or recording after termination of 1st marriage or
in the civil register, if husband or heirs live in afterwards (Art. 168).
the SAME city/municipality
1. Two years, if both reside in the Philippines. Proof of Filiation
2. Three years, if the childs birth took place General Rule: Filiation of legitimate (or
or was recorded in the Philippines while illegitimate) children is established by any of
the husband has his residence abroad, or the following: (RA)
vice versa (Art. 170) 1. The record of birth appearing in the
civil registry or a final judgment
Note: The question of legitimacy cannot be 2. An admission of legitimate (or
collaterally attacked. It can be impugned only illegitimate) filiation in a public document
in a direct action.
32
or a private handwritten instrument and Continuous does not mean that the
signed by the parent concerned. concession of status shall continue forever
but only that it shall not be of an intermittent
Exceptions: In the absence of any of the character while it is continuous. The
foregoing evidence, such legitimate or possession of such status means that, the
illegitimate filiation shall be proved by: (OA) father has treated the child as his own,
1. Open and continuous possession of directly and not through others,
the status of a legitimate or illegitimate spontaneously, and without concealment,
child; though without publicity. There must be a
2. Any other means allowed by the Rules showing of permanent intention of the
of Court and special laws (Art. 172). supposed father to consider the child as his
own by continuous and clear manifestation
Baptismal certificate, judicial admission, of paternal affection and care (Mendoza vs.
family bible, evidence of pedigree, CA, G.R. No. 86302 September 24, 1991).
admission by silence, testimonies of
witnesses and other pieces of evidence The paternal affection and care must not be
under Rule 130, Rules of Court may be attributed to pure charity. Such acts must
proofs of filiation (Cruz vs. Cristobal, G.R. be of such a nature that they reveal not
No. 148247,August 7, 2006). only the conviction of paternity, but also the
apparent desire to have and treat the child
In Dela Cruz vs. Garcia (G.R. No. 177728, as such in all relations in society and in life,
July 31, 2009), an autobiography of the not accidentally, but continuously (Jison
father was recognized as evidence of vs. CA, GR. No. 8454, April 13, 1956).
filiation despite of the fact that it was not
even signed by the father, although it was If the unsigned record of birth can be a proof of
in the handwriting of the latter. filiation of the child, it would be easy for a
woman to vest legitimate status to an
Action to Claim Legitimacy (Art. 173) illegitimate child. Hence, an unsigned record of
Who may claim: birth cannot be used as proof of filiation (Reyes
1. Child exclusive and personal right of v. Court of Appeals, GR. 39537, March 19,
child which may be brought anytime during 1985).
his lifetime
2. Transmitted to heirs of the child within a Rights of Children
period of 5 years in case Legitimate Illegitimate
a. Child dies during minority Use of father & mothers Use of mothers
b. Child is in state of insanity surname surname
c. Child dies after action has already Note: However, R.A.
been instituted 9255 amended Art.
176, FC
Action to Claim Illegitimacy (Art. 175) Receive support from Receive support only
When filiation of illegitimate child is ascendants or up to grandparent and
established by a record of birth in the civil descendants of the same grandchildren
register or a final judgment, or an admission of line.
filiation in a public document or a private Entitled to the legitime in Legitime is of the
handwritten instrument signed by the parent succession legitime of a legitimate
concerned, the action for recognition may be child
brought by the child during his lifetime. If the Right to inherit ab No right to inherit as
action is based upon open and continuous intestato from legitimate such
possession of the status of an illegitimate children and relatives of
child, or any other means allowed by the rules his father and mother
or special laws, it may be only brought during
the lifetime of the alleged parent (Michael C. R.A. 9255
Guy, vs. CA, G.R. No. 163707, September 15, An Act Allowing Illegitimate Children to use the
2006). surname of their Father, amending for the
purpose Article 176 of EO No. 209, otherwise
The right to claim for status is NOT known as the "FAMILY CODE OF THE
transmissible to the heirs. PHILIPPINES". Approved February 24, 2004.
Notes:
33
Illegitimate children may use the surname ADOPTION

of their father if:
1. Their filiation has been expressly
recognized by the father through the Domestic Adoption Act of 1998 (R.A. 8552)
record of birth appearing in the civil Who may adopt: (CLEPONG)
register, or 1. Filipino Citizen:
2. When an admission in a public document a. Of legal age
or private handwritten instrument is made b. In a position to support and care for
by the father; his/her children in keeping with the
means of the family
Provided, that the father has the right to c. Good moral character
institute an action before the regular courts to d. In possession of full civil capacity or
prove non-filiation during his lifetime. legal rights
e. At least 16 years older than the
Legitimation adoptee, except when:
It is a remedy by means of which those who in i. Adopter is the biological parent of
fact were conceived and born outside of the adoptee
wedlock and should therefore be considered ii. Adopter is the spouse of the
illegitimate are by fiction considered legitimate. adoptees parent
It shall take place only by the subsequent valid f. Has not been convicted of any crime
marriage between the biological parents. involving moral turpitude
g. Emotionally and psychologically
Requisites: (NIM) capable of caring for children
1. The child is illegitimate. 2. Alien (CLEPONG-DELLS)
2. The parents at the time of the childs a. Same qualifications as a Filipino
conception are not disqualified by any b. Country has diplomatic relations with
impediment from marrying each other or the Phil.
were so disqualified only because either or c. Has been living in the Phil. for at least
both of them were below eighteen (18) three (3) continuous years prior to the
years of age. application for adoption and maintains
3. There is a valid marriage subsequent to such residence until the adoption
the childs birth. decree is entered, except when
i. A former Filipino citizen seeks to
Note: Children born out of wedlock to parents adopt a relative within the 4 th
who were not allowed by law to marry for degree of consanguinity or affinity
being minors are now qualified for legitimation. ii. One who seeks to adopt the
This has been made possible by Republic Act legitimate son/daughter of his/her
No. 9858, which was approved on December Filipino spouse
20, 2009 and has amended Article 177 of the iii. One who is married to a Filipino
Family Code of the Philippines. Previously, citizen and seeks to adopt jointly
Article 177 stated that only children born out of with his/her spouse a relative
wedlock to parents who were not disqualified within the 4th degree of
from getting married at the time of conception consanguinity or affinity of the
could be legitimized. Legitimation would Filipino spouse
automatically take place upon marriage of the d. Certified to have legal capacity to
parents. Moreover, couples who had children adopt by his/her diplomatic or consular
when they were below the marrying age would office but certification may be waived
not need to go through the process of having in the same instances for waiver of
to adopt their own offspring just so their kids residency requirement in (c)
could enjoy the rights of legitimate children. e. Certified by said office that his
government allows the adoptee to
The annulment of a voidable marriage shall enter his country as his adopted child
not affect the legitimation. 3. Guardian (TC)
a. After termination of the guardianship,
Note: Legitimation may be impugned only by with respect to the ward, and
those who are prejudiced in their rights, within b. Clearance of his/her financial
5 years from the time their cause of action accountabilities
accrues, that is, from the death of the putative
parent.
34
PreAdoption Services adoption is personal between the adopter and

The DSWD shall provide for the following adoptee. The former should be the one
services: capable of providing financial support to the
1. Counseling services for latter (Landingin vs Republic, GR No 164948,
a. biological parents, June 27, 2006).
b. prospective adoptive parents and
c. prospective adoptee Sec.9 of R.A. 8552 provides that if the written
2. Exhaust all efforts to locate the unknown consent of the biological parents cannot be
biological parents obtained, the consent of the legal guardian
must be sought. If as claimed by the petitioner,
Rule on Adoption by Spouses the biological mother of the minors had indeed
General Rule: The husband and the wife shall abandoned them, she should have adduced
JOINTLY adopt. the written consent of their legal guardian, but
she did not. To dispense with the requirement
Exceptions: (LIS) of written consent, the abandonment must be
1. One spouse seeks to adopt the legitimate shown to have existed at the time of adoption
child of the other spouse and evinces a settled purpose to forego all
2. One spouse seeks to adopt his/her own parental duties. Indeed the natural right of a
illegitimate child with the consent of the parent to his child requires that his consent
other spouse must be obtained before his parental rights
3. The spouses are legally separated and duties be terminated and re established in
the adoptive parents (Landingin vs. Republic,
Who May Be Adopted: (DARILL) GR No 164948, June 27, 2006).
1. Any person below 18 years of age who
has been voluntarily committed to the Effectivity of Decree of Adoption
DSWD under P.D. 603 or judicially A decree of adoption shall be effective as of
declared available for adoption the date the original petition was filed. This
2. Legitimate child of the other spouse applies also in case the petitioner(s) dies
3. Illegitimate child of a qualified adopter to before the issuance of the decree of adoption
improve the childs status to protect the interest of the adoptee.
4. A person of legal age, who, prior to the
adoption, has been consistently Note: Where the petition for adoption was
considered by the adopter as his/her own granted after the child had shot and killed a
child since minority; girl, the SC did not consider the retroactive
5. Child whose adoption has been previously effect of the decree of adoption so as to
rescinded impose a liability upon the adopting parents
6. Child whose biological or adoptive parents accruing at the time when the adopting
have died, provided that no proceedings parents had no actual or physical custody over
shall be initiated within 6 months from the the adopted child. Retroactive effect may
time of death of said parents perhaps be given to the granting of the petition
for adoption where such is essential to permit
Consent in Adoption (BAILS) the accrual of some benefit or advantage in
The written consent of the following is favor of the adopted child. To hold that
required: parental authority had been retroactively
1. The adoptee, if he is 10 years of age or lodged in the adopting parents so as to burden
older; them with liability for a tortuous act that they
2. Known biological parents or legal could not have foreseen and which they could
guardians or proper government have prevented would be unfair and
instrumentality which has legal custody of unconscionable (Tamargo vs. CA, 209 SCRA
the child; 518, G.R. No. 85044 June 3, 1992).
3. Legitimate/Adopted children, 10 years old
or over, of the adopter; Middle Name of Adopted Child
4. The illegitimate children, 10 years old or The illegitimate child subsequently adopted by
over, of the adopter if living with the his/her natural father is permitted to use as her
adopter and the latter's spouse; middle name the surname of her natural
5. Spouse of the adopter and adoptee mother for the following reasons:
1. It is necessary to preserve and maintain
Note: An alleged capability to support an the childs filiation with her natural mother
adoptee through the help of another person because under Art. 189 of the Family
was denied by the SC. It was held that Code, she remains to be an intestate heir
35
of the latter. To prevent any confusion and more imprisonment

needless hardship in the future, her 2. Found guilty of an attempt against the life
relationship or proof of that relationship of the testator, his/her spouse,
with her natural mother should be descendants or ascendants
maintained; 3. Causes the testator to make or changes a
2. There is no law expressly prohibiting the testators will through violence,
adopted to use the surname of her natural intimidation, fraud or undue influence
mother as her middle name. What the law 4. Maltreatment of the testator by word or
does not prohibit, it allows; and deed
3. It is customary for every Filipino to have a 5. Conviction of a crime which carries the
middle name, which is ordinarily the penalty of civil interdiction
surname of the mother (In the Matter of 6. Adultery or concubinage with testators
the Adoption of Stephanie Nathy Astorga spouse
Garcia, G.R. No. 148311, March 31, 7. Refusal without justifiable cause to support
2005). the parent or ascendant
8. leads a dishonorable or disgraceful life.
Effects of Adoption: (SAL)
1. Severance of legal ties between the Effects: (PAROS)
biological parents and the adoptee, which 1. Parental authority of adoptees biological
shall be vested in the adopters. parents or legal custody of DSWD shall be
2. EXCEPTION: if the biological parent is the restored if adoptee is still a minor or
spouse of the adopter incapacitated.
3. Adoptee shall be considered as a 2. Reciprocal rights and obligations of the
legitimate child of the adopter(s) for all adopter(s) and the adoptee to each other
intents and purposes. shall be extinguished.
4. In legal or intestate succession, the 3. Amended certificate of birth of the adoptee
adoptee and the adopter(s) shall have shall be cancelled and its original shall be
reciprocal rights of succession without restored.
distinction from legitimate filiation. 4. Succession rights shall revert to their
However, if there is a will, the rules on status prior to the adoption, but vested
testamentary succession shall be followed. rights shall not be affected.
Rescission of Adoption - by ADOPTEE Being a legitimate child by virtue of adoption, it

ONLY follows that the child is entitled to all the rights
provided by law to a legitimate child. The
Grounds: (ASAR) adopted child remains an intestate heir of
1. Attempt on the life of the adoptee his/her biological parents. Hence, she can well
2. Sexual assault or violence assert her hereditary rights from her natural
3. Abandonment and failure to comply mother in the future (In the matter of adoption
with parental obligations of Stephanie Nathy Astorga Garcia, GR No
4. Repeated physical or verbal 148311 March 31, 2005).
maltreatment by the adopter despite
having undergone counseling InterCountry Adoption Act of 1995
(R.A. 8043)
An adoptee refused to use the surname of the The sociolegal process of adopting a Filipino
adopter though already adopted. The adopter child by a foreigner or a Filipino citizen
sought to rescind/revoke the Decree of permanently residing abroad where the
Adoption (DOA), but the Domestic Adoption petition is filed, the supervised trial custody is
Act (R.A. 8552) which removes the right of undertaken, and the decree of adoption is
adopter to challenge the validity of the DOA issued outside the Philippines.
became effective. SC held that the adopter
may disinherit the adoptee, and that the latter Who May Be Adopted
has the sole right to challenge the DOA Only a legallyfree child may be the subject
(Lahom v. Sibulo, GR No 143989, July 14, of intercountry adoption
2003). Note:
Legally-free Child a child who has been
Disinheritance of Adoptee by Adopter voluntarily or involuntarily committed to the
Grounds: (Art. 919, NCC) (GAMM-CARD) DSWD of the Philippines, in accordance
1. Groundless accusation against the testator with the Child Youth and Welfare Code.
of a crime punishable by six (6) years or
36
No child shall be matched to a foreign possibilities for the adoption of the child
adoptive family unless it is satisfactorily under the Family Code have been
shown that the child cannot be adopted exhausted and that intercountry adoption
locally. is in the best interest of the child.
There shall be no physical transfer of a
voluntarily committed child earlier than six Trial Custody: 6 months from the time of
(6) months from the date of execution of placement
Deed of Voluntary Commitment except: 1. Starts upon actual physical transfer of the
1. Adoption by a relative child to the applicant who, as actual
2. Children with special medical custodian, shall exercise substitute
conditions parental authority over the person of the
child.
Who May Adopt: 2. The adopting parent(s) shall submit to the
1. Any alien or governmental agency or authorized and
2. Filipino citizen, both permanently residing accredited agency, which shall in turn
abroad transmit a copy to the Board, a progress
report of the childs adjustment.
Conditions: (PD-CAN-JERQ)
1. At least 27 years of age and at least 16 Notes:
years older than the child to be adopted, at 1. If the preadoptive relationship is
the time of the application unless the found unsatisfactory by the child or the
adopter is: applicant or both, or if the foreign adoption
parent by nature of the child to be agency finds that the continued placement
adopted or of the child is not in the childs best
spouse of such parent interest, said relationship shall be
2. If married, his/her spouse must jointly file suspended by the Board and the foreign
for the adoption adoption agency shall arrange for the
3. Capacity to act and assume all rights and childs temporary care.
responsibilities of parental authority under 2. If a satisfactory preadoptive
his/her national laws, and has undergone relationship is formed between the
the appropriate counseling from an applicant and the child, the Board shall
accredited counselor in his/her country submit the written consent to the adoption
4. Has not been convicted of a crime to the foreign adoption agency within 30
involving moral turpitude days after receipt of the latters request.
5. Eligible to adopt under his/her national law 3. A copy of the final decree of
6. In a position to provide the proper care adoption of the child, including certificate
and support and to give the necessary of citizenship/naturalization whenever
moral values and examples to all his applicable, shall be transmitted by the
children, including the child to be adopted foreign adoption agency to the Board
7. Agrees to uphold the basic rights of the within 1 month after its issuance.
child as embodied under Philippine laws,
the U.N. Convention on the Rights of a Presumption of Illegal Adoption: (CPEN)
Child, and to abide by the rules and 1. Consent for adoption was acquired
regulations issued to implement the Inter through or attended by coercion, fraud,
Country Adoption Act improper material inducement
8. Comes from a country with whom the 2. Procedures and safeguards provided
Philippines has diplomatic relations and by law for adoption were not complied with
whose government maintains a similarly 3. Has exposed or subjected the child to
authorized and accredited agency and that be adopted to danger, abuse or
adoption is allowed under his/her national exploitation
laws 4. No authority to effect adoption from
9. Possesses all the qualifications and none the Board
of the disqualifications under the Inter
Country Adoption Act and other applicable For a comprehensive discussion of the
Philippine laws procedural aspects of adoption, please refer to
A.M. No. 020602SC or the Remedial Law
InterCountry Adoption Board Memory Aid.
Acts as the central authority in matters
relating to intercountry adoption.
The Board shall ensure that all
37
For support of legitimate ascendants,

SUPPORT descendants (legitimate/illegitimate), brothers
and sisters (legitimate/illegitimate), only
separate property of person obliged to give
Support comprises everything indispensable support shall be answerable. In the absence of
for sustenance, dwelling, clothing, medical separate property, the CPG or ACP shall
attendance, education and transportation in advance support deductible from share of
keeping with the financial capacity of the spouse obliged upon liquidation. (Art. 197)
family (Art. 194).
If legitimate descendants are the common
It shall be in proportion to the resources or children of the spouse or legitimate children of
means of the giver and to the necessities of either spouse, the ACP or CPG shall be
the recipient. (Art. 201) It shall be increased or principally charged for their support (Art. 94(1)
reduced proportionately, according to the and Art. 121(1)). This is different from personal
increase/ or reduction of necessities of the support owing to them from the father or
recipient and the resources or means of the mother as provided in Art. 194 and 197.
person obliged. (Art. 202)
Order of Liability if Several Persons
Support is rooted on the fact that the right and Obliged To Give Support (SDAB)
duty to support, especially the right to 1. Spouse
education, subsists even beyond the age of 2. Descendants in the nearest degree
majority (Estate of Hilario M. Ruiz vs. CA, G.R. 3. Ascendants in the nearest degree
No. 118671, January 29, 1996). 4. Brothers and sisters (Art. 199)
Kinds: (LJC)
If the obligation to give support falls upon two
1. Legal one required or given by law;
or more persons, payment shall be divided
2. Judicial required by the court to be given
between them in proportion to their resources.
whether pendente lite or in a final
In case of urgent need and special
judgment;
circumstances, the court may order only one
3. Conventional given by agreement.
of them to furnish support provisionally subject
to the right to claim from the others the share
Characteristics: (MR P2INE)
due them.
1. Personal
2. Intransmissible
When two or more recipients at the same time
3. Not subject to waiver or compensation
claim for support and the person legally
4. Exempt from attachment or execution
obliged to give does not have sufficient means
5. Reciprocal on the part of those who are by
to satisfy all claims:
law bound to support each other
1. The order of liability provided by law
6. Provisional character of support judgment
shall be followed.
7. Mandatory
2. If the concurrent obligees should be
the spouse and a child subject to parental
Persons Obliged to Support Each Other:
authority, the child shall be preferred. (Art.
1. Spouses
200)
2. Legitimate ascendants and descendants
3. Parents and their legitimate children, and
As to how the obligation to support can be
the legitimate and illegitimate children of
performed, Art. 204 provides that the person
the latter
obliged to give support shall have the option to
4. Parents and their illegitimate children, and
fulfill the obligation either by paying the
the legitimate and illegitimate children of
allowance fixed, or by receiving and
the latter
maintaining in the family dwelling the person
5. Legitimate brothers and sisters whether
who has the right to receive support. The latter
full or halfblood (Art. 195)
alternative cannot be availed of in case there
Entitled to support to
is a moral or legal obstacle thereto (Ma. Belen
the full extent under Art. 194 except
B. Mangonon vs. CA, G.R. No. 125041, June
when the need for support of the
30, 2006).
brother or sister, being of age, is due
to a cause imputable to claimants
Demand for Support
fault (Art. 196)
Payment of the amount for support starts only
from the time support has been judicially or
extra-judicially demanded for the right to
38
support does not arise from the mere fact of Rule in Case of Legal Separation of Parents
relationship but from imperative necessity Parental authority is exercised by the parent
without which it cannot be demanded, and the designated by the court.
law presumes that such necessity does not
exist, unless support is demanded (Jocson vs. Maternal Preference/ Tender Years Rule
Empire Insurance Co., G.R. No. L-10792, April General Rule: No child under 7 years of age
30, 1958). shall be separated from the mother.
Exemption from Attachment or Execution Exception: When the court finds compelling
The right to receive support as well as money reason to order otherwise. Paramount
or property obtained as such support shall not consideration in matters of custody of a child is
be levied upon on attachment or execution the welfare and wellbeing of the child.
(Art. 205). But in case of contractual support or
that given by will the excess in amount beyond Persons Exercising Substitute PA in
that required for legal support shall be subject Default of Parents or Judicially Appointed
to levy on attachment or execution (Art. 208). Guardian (Art. 216)
1. Surviving grandparent
PARENTAL AUTHORITY (PA) 2. Oldest brother or sister over 21 years of
age unless unfit or disqualified
3. Actual custodian unless unfit or
It is the sum total of the right of the parents disqualified
over the persons and property of their
unemancipated children. It is pursuant to the The same order of preference shall be
natural right and duty of parents over the same observed when appointment of guardian over
and it includes caring for and rearing of such property of child becomes necessary.
children for civic consciousness and efficiency
and the development of their moral and Persons Exercising Special PA over Minor
physical character and well-being. (Art. 209) Children under their Supervision,
Instruction or Responsibility with Respect
Rules as to the Exercise of PA to their Activities whether Inside or Outside
1. Joint parental authority by the father School (Art. 218)
and mother over the persons of their 1. School
common children. In case of No distinction between academic or
disagreement, the fathers decision shall non-academic
prevail unless there is a judicial order to 2. Administrators and teachers
the contrary (Art. 211) 3. Individual, entity or institution engaged
2. If the child is illegitimate, parental in child care
authority is with the mother unless father is
certain and the illegitimate children are Liability
living with the said father and mother who Vicarious Liability or Imputed Negligence
are cohabiting without the benefit of -Parents and other persons exercising PA shall
marriage or under a void marriage not be civilly liable for injuries and damages
falling under Art. 36 and 53. caused by acts or omissions of their
unemancipated children living in their
Note: An illegitimate child is under the parental company and under their PA subject to
authority of the mother pursuant to Art 176 of appropriate defenses provided by law. (Art.
the Family Code. The recognition by the father 221)
is not a ground for him to have parental
authority/ custody except for compelling Persons Exercising Special PA shall be
reasons like mothers unfitness to exercise principally and solidarily liable for damages
sole parental authority/ custody over the child caused by acts or omissions of the
(Briones vs. Miguel, G.R. No. 156343 October unemancipated minor. The parents, judicial
18, 2004). guardians or persons exercising substitute PA
shall be subsidiarily liable. But liability will not
Parental Preference Rule attach if it is proved they exercised the proper
The natural parents, who are of good moral diligence required under the particular
character and who can reasonably provide for circumstances. (Art. 219)
the child, are ordinarily entitled to custody as
against all other persons. Note: Parental authority and responsibility are
inalienable and may not be transferred and
39
renounced except in cases authorized by law. Need of a Judicial Order, Amending For This
Purpose Arts. 376 And 412 Of The Civil Code)
Parents may exercise Parental Authority over
their childs property
Kinds of Properties of a Minor
Adventitious Profectitious
Earned or acquired by Property given by the
the child through his parents to the child for
work or industry by the latter to administer
onerous or gratuitous title
Owned by the child Owned by the parents
Child is also the Parents are the
usufructuary, but the usufructuary
childs use of the
property shall be
secondary to the
collective daily needs of
the family
Property administered by Property administered
the parents by the child
Grounds for Suspension of PA: (CHOBAN)

1. Conviction of a crime with the penalty of
civil interdiction
2. Harsh or cruel treatment against the child
3. Orders, counsel and example which are
corrupting, given by the person exercising
authority
4. Child is compelled to beg
5. Subjecting child or allowing child to be
subjected to acts of lasciviousness,
6. Negligence, which is culpable, committed
by the person exercising authority (Art.
231)
Termination of Parental Authority

Permanent Temporary
Death of the parents Adoption of the child
Death of the child Appointment of a
general guardian
Emancipation of the child Judicial declaration of
abandonment
If child is subjected to Final judgment
sexual abuse (Art. 228) divesting the parents of
parental authority
Judicial declaration of
absence or incapacity
of the parents
exercising parental
authority over the child
(Art. 229)
Change of First Name or Nickname Under

R.A. 9048 (An Act Authorizing City or
Municipal Civil Registrar or the Consul
General to Correct a Clerical or Typographical
Error in an Entry and/or Change of First Name
or Nickname in the Civil Registrar without
40
Authority to Correct Clerical or not constitute proper and reasonable cause to

Typographical Error and Change of First drop it from his registered complete name. As
Name or Nickname: he is of tender age, he may not yet understand
General Rule: No entry in a civil register shall and appreciate the value of the change of his
be changed or corrected without a judicial name and granting of the same at this point
order may just prejudice him in his rights under our
laws (In Re: Petition for Change of Name
Exceptions: Administrative Proceeding for and/or Correction/Cancellation of Entry in Civil
Change of First Name or Nickname and Registry of Julian Lin Carulasan Wang vs.
Clerical or typographical errors Cebu City Civil Registrar, G.R. No. 159966,
March 30, 2005).
Exceptions to the exception: (SANS)
1. Sex Please refer to Remedial Law Memory Aid for
2. Age a comprehensive discussion of the procedural
3. Nationality aspects of change of name.
4. Status
CITIZENSHIP AND DOMICILE
Note: Correction or change can be made by
the concerned city or municipal civil registrar
or consul general in accordance with the CITIZENSHIP is the membership in a political
provisions of this Act and its implementing community which is more or less permanent in
rules and regulations. nature. Article IV of 1987 Philippine
Constitution now governs the rule on
The State has an interest in the names borne citizenship.
by individuals and entities for purposes of
identification. A change of name is a privilege, Modes of Acquiring Citizenship
not a right. Petitioner must show proper or 1. Jus Sanguinis by blood, wherever
reasonable cause or any compelling reason he may be born
which may justify such change. (Silverio v. 2. Jus Soli by place of birth
Republic, G.R. NO. 174689, October 22, 3. Naturalization artificial means
2007). (judicial or administrative) by which a state
adopts an alien and gives him imprint and
Grounds for Change of First Name or endowment of a citizen of that country
Nickname: (HAR)
1. First name or nickname is ridiculous, Domicile
tainted with dishonor or extremely difficult For the exercise of civil rights and the
to write or pronounce; fulfillment of civil obligations, the domicile of
2. New first name or nickname has been natural persons is the place of their habitual
habitually and continuously used by the residence. (Art. 50 NCC)
petitioner and he has been publicly known
by that first name or nickname in the Where a juridical person is created by law but
community; or does not state its domicile, it is understood
3. The change will avoid confusion that its domicile is the place where its legal
representation is made or where it exercises
Note: R.A. 9048 does NOT sanction a change its principal functions. (Art. 51 NCC)
of first name on the ground of sex
reassignment. To rule otherwise may create Residence and Domicile Distinguished
grave complications in the civil registry and Residence Domicile
public interest (Republic v. CA, GR NO. Indicates a place of Denotes a fixed
97906, May 21, 1992). abode, whether permanent residence,
permanent or temporary which when absent, one
has the intention of
Middle names serve to identify the maternal returning
lineage or filiation of a person as well as There can be several There can only be one
further distinguish him from others who may places of residence place of domicile
have the same given name and surname as No length of residence It is residence coupled
he has. The dropping of the middle name of a without intention of with intention to remain
minor so that he will not be different from his remaining will constitute for an unlimited time
classmates in Singapore and on the additional domicile
ground that it would cause confusion and
difficulty in its pronunciation in Singapore does
41
Elements of Domicile whose whereabouts and fate are unknown, it

1. Physical presence in a fixed place not being known with certainty whether he is
2. Intention to remain permanently in still living or not.
said place (animus manendi)
Declaration of Absence
Kinds of Domicile Without Administrator With Administrator
1. Domicile of origin Given by law to a
2 years from the lapse of 5 years, if the absentee
person at birth.
time without news about left an administrator to
Can only be lost the absentee or since the his property from the
2. Domicile of choice the domicile receipt of the last news lapse of time without
freely chosen by a person sui juris. news about absentee
3. Constructive domicile assigned to a or since the receipt of
child by law after his birth on account of a the last news
legal disability like minority, insanity, etc.
Presumption of Death
Requirements for the Acquisition of New (Arts. 390 to 392, NCC)
Domicile Extraordinary/
1. Bodily presence in a new locality Ordinary Absence
Qualified Absence
actual removal or actual change of
a. After absence of 7 For all purposes
domicile YEARS, person including those of
2. Intention to remain therein (animus presumed dead for opening succession, a
manendi) all purposes except period of 4 YEARS, and
3. Intention to abandon the old domicile for those of opening for purposes of
(animus non revertendi) succession remarriage of the
b. Absence of 10 spouse present, a
YEARS, person period of 2 YEARS, are
FUNERALS presumed dead for sufficient under the
purposes of opening following
General Guidelines: succession except if circumstances:
1. Duty and right to make arrangement he disappeared after a. Person on board a
the age of 75, in vessel lost during
for funerals is in accordance with right and
which case, a period a sea voyage or
duty to support under Article 199, FC (Art. of 5 years is an airplane which
305 NCC) sufficient is missing; period
2. The funeral shall be in keeping with c. Absence of 4 is counted from
the social position of the deceased (Art. YEARS, person the loss of the
306 NCC) presumed dead for vessel or airplane
3. The funeral shall be in accordance purposes of b. Person in the
with the expressed wishes of the remarriage of the armed forces who
deceased spouse present had taken part in
war
a. In the absence of the expressed
c. Person in danger
wishes, his religious beliefs or of death under
affiliation shall determine funeral rites other
b. In case of doubt, the persons in Art. circumstances and
199, FC shall decide, after consulting his existence has
other members of the family (Art. 307 not been known
NCC)
4. Any person who disrespects the dead Note: A well- founded belief that the absentee
or allows the same or wrongfully interferes is already dead is required before an absent
with a funeral shall be liable for damages spouse may be declared presumably dead.
(Art. 309 NCC) The requisites are:
5. If the deceased is married, the 1. Absent spouse has been missing for 4
tombstone or mausoleum is deemed a years or 2 consecutive years if the
part of the funeral expense and disappearance is under art. 391 of the
chargeable against ACP or CPG (Art. 310 Civil Code;
NCC) 2. Present spouse wishes to marry;
3. Present spouse has a well- founded belief
ABSENCE that the absent spouse is dead;
4. Present spouse files a summary
proceeding for the declaration of
ABSENCE is the legal status of a person who
presumptive death of the absent spouse
has absented himself from his domicile and
42
(Republic vs. Nolasco, G.R. NO. 14053,

March 13, 1993).
Different Stages of Absence: (PDP)
1. Provisional absence- When a person
disappears from his domicile, his
whereabouts being unknown, without
leaving an agent to administer his
property.
There is no declaration of absence yet
but legal representative may be
appointed only when urgent
representation is necessary and
applies only if no agent has been
appointed to represent the absentee
or agents authority has expired.
The spouse is preferred as the legal
representative except when they are
legally separated.
2. Declared absence- When a person
disappears from his domicile, and 2 years
have elapsed without any news about him
or since the receipt of the last news, or 5
years have elapsed in case he left a
person to administer his property.
An administrator for the absentee may
be appointed from among the
following:
a. Spouse present
b. Testate or Intestate heirs
c. Other persons subordinated to
rights by death.
The administration shall cease when:
a. Absentee reappears personally or
through an agent
b. Death is proven
c. Third person appears and shows
proof that he acquired absentees
property when absentee was still
alive.
3. Presumptive Death- When the
absentee is presumed dead.
The legal requirement on the need for judicial

declaration of presumptive death does not
apply to a marriage celebrated under the (Old)
Civil Code as the law itself presumed as dead
the spouse who disappeared for a period of
seven (7) years where the present spouse has
no news of the absentee being alive or for less
than seven (7) years where the absentee was
generally presumed dead (Valdez vs.
Republic, G.R. No. 180863, September 8,
2009). Hence, proof of well- founded belief is
not required.
43

Rights and Obligations Between The Husband and The Wife (JL-FORM)

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San Beda College of Law

Persons and Family Relations

RIGHTS AND OBLIGATIONS BETWEEN spouse which redounded to the benefit of

shall govern property relations of decree of legal separation has been

Modification in Marriage Settlements Please refer to Property on requisites for valid

grantor expressly provides otherwise (Art.

Exceptions: Note: The same applies to CPG.

The same applies to CPG. Grounds for Termination of Absolute

proceeds, products, fruits and income of their

If separate property in addition to Charges upon and Obligations of ACP and CP

property of debtor For CPG, must first reimburse spouse

Tender Loving Care Doctrine Mandatory Prior Recourse to Compromise

before birth of child and

Illegitimate children may use the surname ADOPTION

PreAdoption Services adoption is personal between the adopter and

of the latter. To prevent any confusion and more imprisonment

Rescission of Adoption - by ADOPTEE Being a legitimate child by virtue of adoption, it

For support of legitimate ascendants,

Grounds for Suspension of PA: (CHOBAN)

Termination of Parental Authority

Change of First Name or Nickname Under

Authority to Correct Clerical or not constitute proper and reasonable cause to

Elements of Domicile whose whereabouts and fate are unknown, it

(Republic vs. Nolasco, G.R. NO. 14053,

The legal requirement on the need for judicial

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