PERSONS REVIEWER III

CONJUGAL PARTNERSHIP OF GAINS

Art. 105. In case the future spouses agree in the marriage settlements that the regime of conjugal partnership of
gains shall govern their property relations during marriage, the provisions in this Chapter shall be of
supplementary application. (n)
Conjugal Partnership
It is that formed by a husband and his wife whereby they place in a common fund the fruits of their separate property,
and the income from their work or industry, the same to be divided between them EQUALLY (as a general rule) upon the
dissolution of the marriage or the partnership.

Duration of Conjugal Partnership:

(a) the dissolution of the marriage, like death or annulment.
(b) the dissolution of the partnership, like legal separation or judicial separation of property.

CONJUGAL ORDINARY
PARTNERSHIP PARTNERSHIP
a. no juridical personality a. has juridical personality
b. regulated generally by law b. regulated by agreement between the parties and only subsidiarily by law
c. generally managed by the husband c. management depends upon the stipulation of the parties
d. purpose is not particularly for profit d. purpose is for profit
e. few grounds for dissolution e. many grounds for dissolution

[NOTE: Civil Code general rule: conjugal partnership of gains; Family Code general rule: absolute community of property.]

RIGHT DURING THE CONJUGAL PARTNERSHIP: Merely an inchoate right, a mere expectancy, because if it will be discovered
during the liquidation of the marriage that there is no conjugal property to be divided, there will be no share for either the
husband or the wife.

Art. 106. Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the
proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses
through their efforts, or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or
benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the
marriage settlements. (142a)

PROPERTIES COVERED BY THE CONJUGAL PARTNERSHIP:

(a) The proceeds, products, fruits and income from the separate properties of the spouses.
(b) Those acquired by either or both of the spouses: 1)by their efforts, or 2) by chance.

Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of
the spouses;
(4) That which is purchased with exclusive money of the wife or of the husband. (148a)

TWO KINDS OF SEPARATE PROPERTY OF EACH SPOUSE

(a) Property by direct acquisition (pars. 1 and 2) (originally exclusive)
(b) Property by substitution (pars. 3 and 4)
Santos v. Bartolome 44 Phil. 76
The spouse owns the land if it was acquired by right of redemption of his/her own paraphernal property. However, if conjugal
funds were used to effect the redemption, the spouse who owns the land is now indebted to the conjugal partnership for the
amount of the repurchase money used.
Alvarez v. Espiritu L-18833, Aug. 14, 1965
If a husband redeems the paraphernal property of his deceased wife with his own money, he does not become exclusive
owner thereof. Ownership belongs to the heirs of the wife (this would of course include the surviving spouse).
 Gefes v. Salvio 36 Phil. 221 (6) Livestock existing upon the dissolution of the
The sale made by the second husband was not valid partnership in excess of the number of each kind brought
because without the authorization from his wife, he sold to the marriage by either spouse; and
her paraphernal property. The two parcels of land could not
(7) Those which are acquired by chance, such as winnings
be considered anymore as the property of the first husband
from gambling or betting. However, losses therefrom shall
for the wife had subsequently acquired them with her own
be borne exclusively by the loser-spouse. (153a, 154, 155,
money through her second husband. The purchase by the
159)
second husband was indeed valid since it was authorized,
but his subsequent sale thereof cannot be considered as
valid for want of proper authorization. Art. 121. THE CONJUGAL PARTNERSHIP SHALL BE
LIABLE FOR:
Art. 110. The spouses retain the ownership,
possession, administration, and enjoyment of their (1) The support of the spouse, their common children, and
exclusive properties. Either spouse may, during the the legitimate children of either spouse; however, the
support of illegitimate children shall be governed by the
marriage, transfer the administration of his or her
provisions of this Code on Support;
exclusive property to the other by means of a public
instrument, which shall be recorded in the registry of (2) All debts and obligations contracted during the
property of the place where the property is located. marriage by the designated administrator-spouse for the
(137a, 168a, 169a) benefit of the conjugal partnership of gains, or by both
spouses or by one of them with the consent of the other;
Art. 111. A spouse of age may mortgage, encumber,
alienate or otherwise dispose of his or her exclusive (3) Debts and obligations contracted by either spouse
property, without the consent of the other spouse, without the consent of the other to the extent that the
and appear alone in court to litigate with regard to family may have been benefited;
the same. (n)
(4) All taxes, liens, charges, and expenses, including major
Requisites:
or minor repairs upon the conjugal partnership property;
(1) The spouse here must be at least eighteen years old.
(2) Note that the other spouse need not consent.
(5) All taxes and expenses for mere preservation made
during the marriage upon the separate property of either
Art. 115. Retirement benefits, pensions, annuities, spouse;
gratuities, usufructs, and similar benefits shall be
governed by the rules on gratuitous or onerous (6) Expenses to enable either spouse to commence or
acquisitions as may be proper in each case. (n) complete a professional, vocational, or other activity for
selfimprovement;
***Art. 116. All property acquired during the
marriage, whether the acquisition appears to have (7) Antenuptial debts of either spouse insofar as they have
been made, contracted or registered in the name of redounded to the benefi t of the family;
one or both spouses, is presumed to be conjugal
(8) The value of what is donated or promised by both
unless the contrary is proved. (160a)
spouses in favor of their common legitimate children for
the exclusive purpose of commencing or completing a
***Art. 117. THE FOLLOWING ARE CONJUGAL professional or vocational course or other activity for self-
PARTNERSHIP PROPERTIES: improvement; and
(1) Those acquired by onerous title during the marriage at
the expense of the common fund, whether the acquisition (9) Expenses of litigation between the spouses unless the
be for the partnership, or for only one of the spouses; suit is found to be groundless. If the conjugal partnership
is insufficient to cover the foregoing liabilities, the spouses
(2) Those obtained from the labor, industry, work or shall be solidarily liable for the unpaid balance with their
profession of either or both of the spouses; separate properties. (161)

(3) The fruits, natural, industrial, or civil, due or received Dissolution of Conjugal Partnership Regime
during the marriage from the common property, as well as
Art. 126. The conjugal partnership terminates:
the net fruits from the exclusive property of each spouse;
(1) Upon the death of either spouse;
(4) The share of either spouse in the hidden treasure
which the law awards to the finder or owner of the
(2) When there is a decree of legal separation;
property where the treasure is found;
(3) When the marriage is annulled or declared void; or
(5) Those acquired through occupation such as fishing or
hunting;
(4) In case of judicial separation of property during the
marriage under Articles 134 to 138.
Art. 127. The separation in fact between husband and wife children choose to remain. Children below the age of
shall not affect the regime of conjugal partnership, except seven years are deemed to have chosen the mother,
that: unless the court has decided otherwise. In case there is no
(1) The spouse who leaves the conjugal home or such majority, the court shall decide, taking into
refuses to live therein, without just cause, shall not have consideration the best interests of said children.
the right to be supported;
Art. 133. From the common mass of property support shall
(2) When the consent of one spouse to any
be given to the surviving spouse and to the children during
transaction of the other is required by law, judicial
the liquidation of the inventoried property and until what
authorization shall be obtained in a summary proceeding;
belongs to them is delivered; but from this shall be
(3) In the absence of sufficient conjugal deducted that amount received for support which exceeds
partnership property, the separate property of both the fruits or rents pertaining to them. (188a
spouses shall be solidarily liable for the support of the
family. The spouse present shall, upon petition in a Sale of Conjugal Property by Surviving Spouse
summary proceeding, be given judicial authority to The sale of conjugal property by the surviving
administer or encumber any specific separate property of spouse is VOID as to the share of the deceased spouse
the other spouse and use the fruits or proceeds thereof to except insofar as she has inherited part of it. The vendee as
satisfy the latter’s share. (178a) a consequence, becomes a trustee of the deceased spouse
for said share — for the benefit of his other heirs. (See
Quizon v. Fernandez, L-13571, Jan. 31, 1959).
Liquidation of the Conjugal Partnership Assets
and Liabilities ***Art. 135. Any of the following shall be considered
Art. 129. Upon the dissolution of the conjugal partnership sufficient cause for judicial separation of property:
regime, the following procedure shall apply: (1) That the spouse of the petitioner has been
(1) An inventory shall be prepared, listing sentenced to a penalty which carries with it civil
separately all the properties of the conjugal partnership interdiction;
and the exclusive properties of each spouse. (2) That the spouse of the petitioner has been
(2) Amounts advanced by the conjugal partnership judicially declared an absentee;
in payment of personal debts and obligations of either (3) That loss of parental authority of the spouse of
spouse shall be credited to the conjugal partnership as an petitioner has been decreed by the court;
asset thereof.
(3) Each spouse shall be reimbursed for the use of (4) That the spouse of the petitioner has
his or her exclusive funds in the acquisition of property or abandoned the latter or failed to comply with his or her
for the value of his or her exclusive property, the obligations to the family as provided for in Article 101;
ownership of which has been vested by law in the conjugal (5) That the spouse granted the power of
partnership. administration in the marriage settlements has abused
(4) The debts and obligations of the conjugal that power; and
partnership shall be paid out of the conjugal assets. In case (6) That at the time of the petition, the spouses
of insufficiency of said assets, the spouses shall be have been separated in fact for at least one year and
solidarily liable for the unpaid balance with their separate reconciliation is highly improbable.
properties, in accordance with the provisions of paragraph
(2) of Article 121. In the cases provided for in Numbers (1), (2) and
(3), the presentation of the final judgment against the
(5) Whatever remains of the exclusive properties
guilty or absent spouse shall be enough basis for the grant
of the spouses shall thereafter be delivered to each of
of the decree of judicial separation of property. (191a)
them.
(6) Unless the owner had been indemnified from
***Art. 141. The spouses may, in the same
whatever source, the loss or deterioration of movables
proceedings where separation of property was decreed, fi
used for the benefit of the family, belonging to either
le a motion in court for a decree reviving the property
spouse, even due to fortuitous event, shall be paid to said
regime that existed between them before the separation
spouse from the conjugal funds, if any.
of property in any of the following instances:
(7) The net remainder of the conjugal partnership
properties shall constitute the profits, which shall be (1) When the civil interdiction terminates;
divided equally between husband and wife, unless a (2) When the absentee spouse reappears;
different proportion or division was agreed upon in the
marriage settlements or unless there has been a voluntary (3) When the court, being satisfied that the spouse
waiver or forfeiture of such share as provided in this Code. granted the power of administration in the marriage
settlements will not again abuse that power, authorizes
(8) The presumptive legitimes of the common
the resumption of said administration;
children shall be delivered upon partition in accordance
with Article 51. (4) When the spouse who has left the conjugal
(9) In the partition of the properties, the conjugal home without a decree of legal separation resumes
dwelling and the lot on which it is situated shall, unless common life with the other;
otherwise agreed upon by the parties, be adjudicated to
the spouse with whom the majority of the common
 (5) When parental authority is judicially restored enjoy his or her own separate estate and earnings without
to the spouse previously deprived thereof; the consent of the other (Art. 145), with each spouse
proportionately bearing the family expenses (Art. 146) —
(6) When the spouses who have separated in fact proportionate to their earnings and profits of their
for at least one year, reconcile and resume common life; respective property.
(7) When after voluntary dissolution of the
absolute community of property or conjugal partnership PROPERTY REGIME OF UNIONS WITHOUT
has been judicially decreed upon the joint petition of the MARRIAGE
spouses, they agree to the revival of the former property
Art. 147. When a man and a woman who are
regime. No voluntary separation of property may
capacitated to marry each other, live exclusively with each
thereafter be granted. The revival of the former property
other as husband and wife without the benefit of marriage
regime shall be governed by Article 67. (195a)
or under a void marriage, their wages and salaries shall be
owned by them in equal shares and the property acquired
Revival of the original property regime may be
by both of them through their work or industry shall be
subject of a motion in the same proceedings where the governed by the rules on co-ownership.
separation of property was granted. In the absence of proof to the contrary, properties
***Art. 142. The administration of all classes of
acquired while they lived together shall be presumed to
exclusive property of either spouse may be transferred by
have been obtained by their joint efforts, work or
the court to the other spouse:
industry, and shall be owned by them in equal shares. For
(1) When one spouse becomes the guardian of the purposes of this Article, a party who did not participate in
other; the acquisition by the other party of any property shall be
deemed to have contributed jointly in the acquisition
(2) When one spouse is judicially declared an thereof if the former’s efforts consisted in the care and
absentee; maintenance of the family and of the household.
(3) When one spouse is sentenced to a penalty Neither party can encumber or dispose by acts
which carries with it civil interdiction; or inter vivos of his or her share in the property acquired
during cohabitation and owned in common, without the
(4) When one spouse becomes a fugitive from consent of the other, until after the termination of their
justice or is in hiding as an accused in a criminal case. If the cohabitation.
other spouse is not qualified by reason of incompetence, When only one of the parties to a void marriage is
conflict of interest, or any other just cause, the court shall in good faith, the share of the party in bad faith in the co-
appoint a suitable person to be the administrator. ownership shall be forfeited in favor of their common
children. In case of default of or waiver by any or all of the
REGIME OF SEPARATION OF PROPERTY common children or their descendants, each vacant share
shall belong to the respective surviving descendants. In
Art. 143. Should the future spouses agree in the the absence of descendants, such share shall belong to the
marriage settlements that their property relations during innocent party. In all cases, the forfeiture shall take place
marriage shall be governed by the regime of separation of upon termination of the cohabitation. (144a)
property, the provisions of this Chapter shall be
The Article applies only if the following requisites are
suppletory. (212a)
present:
Art. 144. Separation of property may refer to (a) both must be capacitated to marry each other
present or future property or both. It may be total or
partial. In the latter case, the property not agreed upon as (b) there is no marriage or the marriage is void
separate shall pertain to the absolute community. (213a) (Both requisites must concur.)

Art. 145. Each spouse shall own, dispose of, NOTE: If a married man cohabits with an unmarrried girl,
possess, administer and enjoy his or her own separate the article does not apply
estate, without need of the consent of the other. To each
spouse shall belong all earnings from his or her profession, Shares of the Parties in the Property
business or industry and all fruits, natural, industrial or (a) their wages and salaries — owned in EQUAL shares by
civil, due or received during the marriage from his or her both the man and the woman
separate property. (214a)
(b) property acquired by both thru their work or industry —
Art. 146. Both spouses shall bear the family rules of co-ownership shall apply (this means proportionate
expenses in proportion to their income, or, in case of to their efforts in the work or industry).
insufficiency or default thereof, to the current market
value of their separate properties. The liability of the HOWEVER: Note:
spouses to creditors for family expenses shall, however, be
solidary. (215a) 1) the presumption is that the effort, work, or industry is
JOINT and therefore the shares are equal.
The ‘System of Separation of Property’ Defined
It is that matrimonial property regime agreed upon 2) care and maintenance of the family and household —
in the marriage settlement by the future spouses whereby deemed to be joint and equal.
each spouse shall own, dispose of, possess, administer, and
Two cases or instances when the governing system is that deeper bitterness than between strangers.’’ (Report of the
of CO-OWNERSHIP (and not ABSOLUTE COMMUNITY or Code Commission, p. 18, italics supplied).
CONJUGAL PARTNERSHIP), namely:
Rule If a Stranger Is Involved
(1) When a man and a woman live together as husband and If a stranger is a party to a case between close
wife, but they are not married (hence, a common-law union relatives, there is no need to assert or allege earnest efforts
or a “live-in’’ relationship); and at a compromise. The stranger may not be willing to be
inconvenienced by the delay, and it is not fair that his rights
(2) When there is no benefit of marriage although the man should depend on the way relatives would settle their
and the woman are capacitated to marry each other and differences.
the marriage is void (void ab initio) The compromise not considered valid by the law
are those on:
Art. 148. In cases of cohabitation not falling under (a) The civil status of persons;
the preceding Article, only the properties acquired by both (b) The validity of a marriage or a legal separation;
of the parties through their actual joint contribution of (c) Any ground for legal separation;
money, property, or industry shall be owned by them in (d) Future support;
common in proportion to their respective contributions. In (e) The jurisdiction of courts;
the absence of proof to the contrary, their contributions (f) Future legitime.
and corresponding shares are presumed to be equal. The
same rule and presumption shall apply to joint deposits of Republic Act 8369
money and evidences of credit. If one of the parties is An Act Establishing Family Courts, Granting Them
validly married to another, his or her share in the co- Exclusive Original Jurisdiction over Child and Family Cases,
ownership shall accrue to the absolute community or amending Batas Pambansa 129, as amended, otherwise
conjugal partnership existing in such valid marriage. If the known as the Judiciary Reorganization Act of 1980,
party who acted in bad faith is not validly married to appropriating funds thereof and for other purposes.
another, his or her share shall be forfeited in the manner
provided in the last paragraph of the preceding Article. Recent Legislation Affecting Children and the Youth
The foregoing rules on forfeiture shall likewise apply even 1. AM 00-4-07-SC-Re: Proposed Rule on Examination of a
if both parties are in bad faith. Child Witness (Effective Dec. 15, 2000)
The objectives of this Rule are to create and
maintain an environment that will allow children to give

THE FAMILY reliable and complete evidence, minimize trauma to

children, encourage children to testify in legal
THE FAMILY AS AN INSTITUTION proceedings, and facilitate the ascertainment of truth.
Art. 149. The family, being the foundation of the
nation, is a basic social institution which public policy 2. RA 8972 — “Solo Parents Welfare Act of 2000’’
cherishes and protects. Consequently, family relations are (Approved on Nov. 7, 2000)
governed by law and no custom, practice or agreement It is the policy of the State to promote the family
destructive of the family shall be recognized or given as the foundation of the nation, strengthen its
effect. (216a, 218a) solidarity and ensure its total development.
Towards this end, it shall develop a comprehensive
Art. 150. Family relations include those: program of services for solo parents and their
(1) Between husband and wife; children to be carried out by interrelated
(2) Between parents and children; government agencies (such as: DSWD, DOH, DECS,
(3) Among other ascendants and descendants; and DILG, CHED, TESDA, NHA, DOLE) and NGOs.
(4) Among brothers and sisters, whether of the full
or half-blood. (217a) 3. RA 8980 — “Early Childhood Care and Development
Act’’ (Approved on Dec. 5, 2000)
Art. 151. No suit between members of the same It is the declared policy of the State to promote
family shall prosper unless it should appear from the the rights of children to survival, development, and
verified complaint or petition that earnest efforts toward special protection with full recognition of the
a compromise have been made, but that the same have nature of childhood and its special needs, and to
failed. If it is shown that no such efforts were in fact made, support parents in their roles as primary caregivers
the case must be dismissed. and as their children’s first teachers.
This rule shall not apply to cases which may not be
the subject of compromise under the Civil Code. (222a) THE FAMILY HOME
Avoidance of Family Suits Art. 152. The family home, constituted jointly by
“This rule is introduced because it is difficult to the husband and the wife or by an unmarried head of a
imagine a sadder and more tragic spectacle than a litigation family, is the dwelling house where they and their family
between members of the same family. It is necessary that reside, and the land on which it is situated. (223a)
every effort should be made toward a compromise before a Reason — When creditors seize the family house, they
litigation is allowed to breed hate and passion in the family. virtually shatter the family itself
It is known that a lawsuit between close relatives generates
When is it constituted? family for a period of ten years or for as long as there is a
*Art. 153. The family home is deemed constituted minor beneficiary, and the heirs cannot partition the same
on a house and lot from the time it is occupied as a family unless the court finds compelling reasons therefor. This
residence. From the time of its constitution and so long as rule shall apply regardless of whoever owns the property
any of its beneficiaries actually resides therein, the family or constituted the family home. (238a)
home continues to be such and is exempt from execution,
forced sale or attachment except as hereinafter provided Art. 161. For purposes of availing of the benefits of
and to the extent of the value allowed by law. (223a) a family home as provided for in this Chapter, a person
may constitute, or be the beneficiary of, only one family
***Art. 154. The beneficiaries of a family home are: home.
(1) The husband and wife, or an unmarried person Art. 162. The provisions in this Chapter shall also
who is the head of a family; and govern existing family residences insofar as said provisions
(2) Their parents, ascendants, descendants, are applicable. (n)
brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family
home and who depend upon the head of the family for PATERNITY AND FILIATION
legal support. (226a)
LEGITIMATE CHILDREN
Exemption to the exemption of the execution: Art. 163. The filiation of children may be by nature
***Art. 155. The family home shall be exempt from or by adoption. Natural fi liation may be legitimate or
execution, forced sale or attachment except: illegitimate.
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of Distinction Between ‘Paternity’ and ‘Filiation’
the family home; While paternity (maternity) is the civil status
(3) For debts secured by mortgages on the relationship of the father (mother) to the child, filiation is
premises before or after such constitution; and the civil status or relationship of the child to the father or
(4) For debts due to laborers, mechanics, mother.
architects, builders, materialmen and others who have
Classification of Filiation
rendered service or furnished material for the construction
(a) By nature (legitimate or illegitimate)
of the building. (243a)
(b) By adoption
Art. 156. The family home must be part of the
properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either spouse Legitimate Children Illegitimate Children
with the latter’s consent. It may also be constituted by an
unmarried head of a family on his or her own property.
Nevertheless, property that is the subject of a 1. Use of Surname — Right 1. Required to Use Mother’s
conditional sale on instalments where ownership is to Bear Surname of Father Surname
reserved by the vendor only to guarantee payment of the
purchase price may be constituted as a family home. 2. Parental Authority — 2. Under the Sole Parental
Joint Authority of Parents Authority of Mother
VALUE OF THE FAMILY HOME
Art. 157. The actual value of the family home shall 3. Support — Preferential 3. No Such Preference
not exceed, at the time of its constitution, the amount of Right to Support Over
three hundred thousand pesos in urban areas, and two Mother If Father Has No
hundred thousand pesos in rural areas, or such amounts Sufficient Means to Meet
as may hereafter be fixed by law. Both Claims
In any event, if the value of the currency changes
after the adoption of this Code, the value most favorable 4. Successional Right — 4. Entitled to 1/2 of
for the constitution of a family home shall be the basis of Entitled to Inheritance Legitimate Child’s
evaluation. Inheritance
For purposes of this Article, urban areas are
deemed to include chartered cities and municipalities 5. Beneficiary Right Under 5. Not Primary Beneficiaries
whose annual income at least equals that legally required the SSS and GSIS — Primary
for chartered cities. All others are deemed to be rural Beneficiaries
areas. (231a)
6. Paternity Leave — Father 6. No Such Benefit
Art. 158. The family home may be sold, alienated, Is Entitled to Paternity
donated, assigned or encumbered by the owner or owners Leave of 7 days With Full
thereof with the written consent of the person Pay
constituting the same, the latter’s spouse, and a majority
of the benefi ciaries of legal age. In case of confl ict, the ***Art. 164. Children conceived or born during the
court shall decide. (235a) marriage of the parents are legitimate.
Children conceived as a result of artificial
Art. 159. The family home shall continue despite the death insemination of the wife with the sperm of the husband or
of one or both spouses or of the unmarried head of the that of a donor or both are likewise legitimate children of
the husband and his wife, provided, that both of them
authorized or ratified such insemination in a written
(b) living separately — note that here, sexual intercourse
instrument executed and signed by them before the birth
must not be possible. If the husband and wife live in foreign
of the child. The instrument shall be recorded in the civil
countries or far provinces and there had been no visit
registry together with the birth certificate of the child.
between them during the period in which conception could
(255a, 258a)
have taken place, the presumption of legitimacy does not
exist. (Francisco v. Joson, 60 Phil. 662). If possible as when
‘Legitimate Child’
they visit each other now and then — this would not be a
One conceived or born during the marriage of the
legal ground for impugning the legitimacy.
parents, unless its status is impugned for causes provided
for in the law. (c) serious illness of the husband (which absolutely
Best evidence for person’s date of birth: Birth Certificate prevented sexual intercourse).
The second paragraph deals with “test-tube” babies
Art. 168. If the marriage is terminated and the
or those conceived as a result of artificial insemination. For
mother contracted another marriage within three hundred
such a child to be legitimate, the parents must have —
days after such termination of the former marriage, these
(a) authorized or ratified such insemination;
rules shall govern in the absence of proof to the contrary:
(b) in a written instrument;
(c) executed and signed by them before the birth of the
(1) A child born before one hundred eighty days
child
after the solemnization of the subsequent marriage is
considered to have been conceived during the former
‘Artificial Insemination’
marriage, provided it be born within three hundred days
As applied to human beings, is a medical
after the termination of the former marriage;
procedure by which the semen is introduced into the
vagina by means other than copulation for the purpose of
(2) A child born after one hundred eighty days
procreation.
following the celebration of the subsequent marriage is
considered to have been conceived during such marriage,
Art. 165. Children conceived and born outside a valid
even though it be born within the three hundred days
marriage are illegitimate, unless otherwise provided in this
after the termination of the former marriage. (259a)
Code. (n)
Requisites for the Child to be the Child of the First
Art. 166. Legitimacy of a child may be impugned only on
Marriage
the following grounds:
(a) The child must have been born within 300 days after the
(1) That it was physically impossible for the husband to termination of the first marriage; and
have sexual intercourse with his wife within the first 120
(b) said child must have been born within (or before the
days of the 300 days which immediately preceded the
end of) 180 days after the solemnization of the second
birth of the child because of:
marriage.
(a) the physical incapacity of the husband to have
sexual intercourse with his wife; *Art. 169. The legitimacy or illegitimacy of a child born
after three hundred days following the termination of the
(b) the fact that the husband and wife were living
marriage shall be proved by whoever alleges such
separately in such a way that sexual
legitimacy or illegitimacy. (261a)
intercourse was not possible; or
(c) serious illness of the husband, which absolutely ***Art. 170. The action to impugn the legitimacy of the
prevented sexual intercourse; child shall be brought within one year from the knowledge
of the birth or its recording in the civil register, if the
(2) That it is proved that for biological or other scientific husband or, in a proper case, any of his heirs, should
reasons, the child could not have been that of the reside in the city or municipality where the birth took
husband, except in the instance provided in the second place or was recorded.
paragraph of Article 164; or
If the husband or, in his default, all of his heirs do
(3) That in case of children conceived through artificial not reside at the place of birth as defined in the first
insemination, the written authorization or ratification of paragraph or where it was recorded, the period shall be
either parent was obtained through mistake, fraud, two years if they should reside in the Philippines; and
violence, intimidation, or undue influence. (255a) three years if abroad. If the birth of the child has been
concealed from or was unknown to the husband or his
Re Par. 1 — Physical Impossibility heirs, the period shall be counted from the discovery or
(a) Reason for the “120 days of the 300 days which knowledge of the birth of the child or of the fact of
immediately preceded the birth of the child.’’ registration of said birth, whichever is earlier. (263a)

ANSWER: 300 minus 120 equals 180 days or 6 months, Art. 171. The heirs of the husband may impugn the
which may be at the earliest, the intrauterine life of the filiation of the child within the period prescribed in the
child. Upon the other hand, if the child was conceived on preceding article only in the following cases:
the 1st day of said 120 days, it must have had an
intrauterine existence of 300 days or 10 months, which may (1) If the husband should die before the expiration of the
be the maximum duration of its existence in the maternal period fixed for bringing his action;
womb.
(2) If he should die after the filing of the complaint without
having desisted therefrom; or Generally, only the child himself may file the action.
However, his heirs can do so:
(3) If the child was born after the death of the husband. (a) if the child dies during minority
(b) if the child dies during incapacity [In both (a) and (b),
PROOF OF FILIATION the heirs are given five years (from the death) within which
to bring the action.]
Art. 172. The filiation of legitimate children is established (c) if the heir will merely continue the action (survival of the
by any of the following: action).

(1) The record of birth appearing in the civil ***Art. 174. Legitimate children shall have the right:
register or a final judgment; or
(1) To bear the surnames of the father and the
(2) An admission of legitimate filiation in a public mother, in conformity with the provisions of the Civil Code
document or a private handwritten instrument and signed on Surnames;
by the parent concerned.
(2) To receive support from their parents, their
In the absence of the foregoing evidence, the ascendants, and in proper cases, their brothers and sisters,
legitimate filiation shall be proved by: in conformity with the provisions of this Code on Support;
(1) The open and continuous possession of the and
status of a legitimate child; or (3) To be entitled to the legitime and other
successional rights granted to them by the Civil Code.
(2) Any other means allowed by the Rules of Court (264a)
and special laws. (265a, 266a, 267a)
Support is everything that is indispensable for sustenance,
“Filiation’’ is the judicial determination of paternity, i.e., the dwelling, clothing, and medical attendance, according to
relation of child to father. In civil law, filiation refers to the the social position of the family. It also includes the
descent of son or daughter, with regard to his or her father, education of the person entitled to be supported until he
mother, and their ancestors. completes his education or training for some profession,
trade or vocation, even beyond the age of majority.
A “filiation proceeding’’ is a special statutory proceeding,
criminal in form, but in the nature of a civil action to
enforce a civil obligation or duty specifically for the purpose ILLEGITIMATE CHILDREN
of establishing parentage and the putative father’s duty to Art. 175. Illegitimate children may establish their
support his illegitimate child. illegitimate filiation in the same way and on the same
evidence as legitimate children.
Means Allowed By the Rules of Court to determine proof The action must be brought within the same
of filiation period specified in Article 173, except when the action is
(a) An act or declaration concerning pedigree. based on the second paragraph of Article 172, in which
(Sec. 33, Rule 130, Rules of Court). case the action may be brought during the lifetime of the
alleged parent. (289a)
(b) Family reputation or tradition concerning pedigree.
(Sec. 34, Rule 130, Rules of Court). Art. 176. Illegitimate children shall use the surname and
shall be under the parental authority of their mother, and
(c) Common reputation respecting pedigree. shall be entitled to support in conformity with this Code.
(Sec. 35, Rule 130, Rules of Court). The legitime of each illegitimate child shall consist of one-
half of the legitime of a legitimate child. (287a)
(d) Judicial admission. (Sec. 2, Rule 129, Rules of Court).
COMMENT:
(e) Admissions of a party.
1) Surname — that of the mother
(Sec. 22, Rule 130, Rules of Court).
2) Parental Authority — that of the mother
(f) Admission by silence. (Sec. 23, Rule 130, Rules of Court). 3) Legitime — each illegitimate child gets one-half of the
legitime of each legitimate child
NOTE: Oral evidence may be admitted if the needed
document cannot be presented. (Santiago v. Cruz, 19 Phil. LEGITIMATED CHILDREN
145). Upon the other hand, physical similarity is not a
Art. 177. Only children conceived and born outside of
reliable guide. (See Chong v. Collector, 38 Phil. 815).
wedlock of parents who, at the time of the conception of
the former, were not disqualified by any impediment to
***Art. 173. The action to claim legitimacy may be
marry each other may be legitimated. (269a)
brought by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during
When can the Natural Child become legitimated?
minority or in a state of insanity. In these cases, the heirs
Art. 178. Legitimation shall take place by a subsequent
shall have a period of five years within which to institute
valid marriage between parents. The annulment of a
the action. The action already commenced by the child
voidable marriage shall not affect the legitimation. (270a)
shall survive notwithstanding the death of either or both
of the parties. (268a)
Effects of Legitimation: Art. 187. The following may not be adopted:
Art. 180. The effects of legitimation shall retroact to the
time of the child’s birth. (273a) (1) A person of legal age, unless he or she is a child by
nature of the adopter or his or her spouse, or, prior to the
Art. 181. The legitimation of children who died before the adoption, said person had been consistently considered
celebration of the marriage shall benefit their and treated by the adopter as his or her own child during
descendants. (274) minority;
(2) An alien with whose government the Republic of the
Who can impugn and span of time: Philippines has no diplomatic relations; and
Art. 182. Legitimation may be impugned only by those
who are prejudiced in their rights, within fi ve years from (3) A person who has already been adopted unless such
the time their cause of action accrues. (275a) adoption has been previously revoked or rescinded. (30a,
EO 91 and PD 603)

ADOPTION Art. 188. The written consent of the following to the

Art. 183. A person of age and in possession of full adoption shall be necessary:
civil capacity and legal rights may adopt, provided he is in
a position to support and care for his children, legitimate (1) The person to be adopted, if ten years of age or over;
or illegitimate, in keeping with the means of the family.
Only minors may be adopted, except in the cases (2) The parents by nature of the child, the legal guardian,
when the adoption of a person of majority age is allowed or the proper government instrumentality;
in this Title.
In addition, the adopter must be at least sixteen (3) The legitimate and adopted children, ten years of age
years older than the person to be adopted, unless the or over, of the adopting parent, or parents;
adopter is the parent by nature of the adopted, or is the
spouse of the legitimate parent of the person to be (4) The illegitimate children, ten years of age or over, of
adopted. (27a, EO 91 and PD 603) the adopting parent, if living with said parent and the
latter’s spouse, if any; and
‘Adoption’ Defined
Adoption is defined as the process of making a (5) The spouse, if any, of the person adopting or to be
child, whether related or not to the adopter, possess in adopted. (31a, EO 91 and PD 603)
general, the rights accorded to a legitimate child.
Effect of Adoption
Note: The fact of adoption is never presumed but must be Art. 189. Adoption shall have the following effects:
affirmatively proved by the person claiming its existence. (1) For civil purposes, the adopted shall be
deemed to be a legitimate child of the adopters and both
Art. 184. The following persons may not adopt:
shall acquire the reciprocal rights and obligations arising
(1) The guardian with respect to the ward prior to the
from the relationship of parent and child, including the
approval of the final accounts rendered upon the
right of the adopted to use the surname of the adopters;
termination of their guardianship relation;
(2) Any person who has been convicted of a crime (2) The parental authority of the parents by nature
involving moral turpitude; over the adopted shall terminate and be vested in the
adopters, except that if the adopter is the spouse of the
(3) An alien, except: parent by nature of the adopted, parental authority over
(a) A former Filipino citizen who seeks to adopt a the adopted shall be exercised jointly by both spouses;
relative by consanguinity; and
(b) One who seeks to adopt the legitimate child of (3) The adopted shall remain an intestate heir of
his or her Filipino spouse; or his parents and other blood relatives. (39[1]a, [2]a, [3]a,
(c) One who is married to a Filipino citizen and PD 603)
seeks to adopt jointly with his or her spouse a relative by
consanguinity of the latter. Aliens not included in the
foregoing exceptions may adopt Filipino children in Art. 190. Legal or intestate succession to the estate of the
accordance with the rules on inter-country adoption as adopted shall be governed by the following rules:
may be provided by law. (28a, EO 91 and PD 603)
Art. 185. Husband and wife must jointly adopt, except in (1) Legitimate and illegitimate children and
the following cases: descendants and the surviving spouse of the adopted shall
(1) When one spouse seeks to adopt his own inherit from the adopted, in accordance with the ordinary
illegitimate child; or rules of legal or intestate succession;
(2) When one spouse seeks to adopt the legitimate
child of the other. (29a, EO 91 and PD 603) (2) When the parents, legitimate or illegitimate, or
the legitimate ascendants of the adopted concur with the
Art. 186. In case husband and wife jointly adopt or one adopters, they shall divide the entire estate, one-half to be
spouse adopts the legitimate child of the other, joint inherited by the parents or ascendants and the other half,
parental authority shall be exercised by the spouses in by the adopters;
accordance with this Code. (29a, EO 91 and PD 603)
 (3) When the surviving spouse or the illegitimate Republic Act 8043
children of the adopted concur with the adopters, they AN ACT ESTABLISHING THE RULES TO GOVERN INTER-
shall divide the entire estate in equal shares, one-half to COUNTRY ADOPTION OF FILIPINO CHILDREN, AND FOR
be inherited by the spouse or the illegitimate children of OTHER PURPOSES
the adopted and the other half, by the adopters;
SECTION 1. Short Title. — This Act shall be known as the
(4) When the adopters concur with the illegitimate “Inter-Country Adoption Act of 1995.’
children and the surviving spouse of the adopted, they
shall divide the entire estate in equal shares, one-third to SECTION 3, par - b) Child means a person below fi fteen
be inherited by the illegitimate children, one-third by the (15) years of age unless sooner emancipated by law
surviving spouse, and one-third by the adopters;
SEC. 8. Who May Be Adopted. — Only a legally free child
(5) When only the adopters survive, they shall may be the subject of inter-country adoption. In order that
inherit the entire estate; and such child may be considered for placement, the following
documents must be submitted to the Board:
(6) When only collateral blood relatives of the a) Child study;
adopted survive, then the ordinary rules of legal or b) Birth certificate/foundling certificate;
intestate succession shall apply. (39[4]a, PD 603) c) Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
Art. 191. If the adopted is a minor or otherwise d) Medical evaluation/history;
incapacitated, the adoption may be judicially rescinded e) Psychological evaluation, as necessary; and f) Recent
upon petition of any person authorized by the court or photo of the child.
proper government instrumentality acting on his behalf,
on the same grounds prescribed for loss or suspension of SEC. 9. Who May Adopt. — Any alien or a Filipino citizen
parental authority. If the adopted is at least eighteen permanently residing abroad may fi le an application for
years of age, he may petition for judicial rescission of the intercountry adoption of a Filipino child if he/she:
adoption on the same grounds prescribed for disinheriting
an ascendant. (40a, PD 603) a) is at least twenty-seven (27) years of age and at least
sixteen (16) years older than the child to be adopted, at
Art. 192. The adopters may petition the court for the the time of application unless the adopter is the parent by
judicial rescission of the adoption in any of the following nature of the child to be adopted or the spouse of such
cases: parent;

(1) If the adopted has committed any act b) if married, his/her spouse must jointly fi le for the
constituting a ground for disinheriting a descendant; or adoption;

(2) When the adopted has abandoned the home of c) has the capacity to act and assume all rights and
the adopters during minority for at least one year, or, by responsibilities of parental authority under his national
some other acts, has definitely repudiated the adoption. laws, and has undergone the appropriate counseling from
(41a, PD 603) an accredited counselor in his/her country;

Art. 193. If the adopted minor has not reached the age of d) has not been convicted of a crime involving moral
majority at the time of the judicial rescission of the turpitude;
adoption, the court in the same proceeding shall reinstate
the parental authority of the parents by nature, unless the e) is eligible to adopt under his/her national law;
latter are disqualified or incapacitated, in which case the
court shall appoint a guardian over the person and f) is in a position to provide the proper care and support
property of the minor. If the adopted person is physically and to give the necessary moral values and example to all
or mentally handicapped, the court shall appoint in the his children, including the child to be adopted;
same proceeding a guardian over his person or property or
both. g) agrees to uphold the basic rights of the child as
Judicial rescission of the adoption shall extinguish embodied under Philippine laws, the U.N. Convention on
all reciprocal rights and obligations between the adopters the Rights of the Child, and to abide by the rules and
and the adopted arising from the relationship of parent regulations issued to implement the provisions of this Act
and child. The adopted shall likewise lose the right to use
the surnames of the adopters and shall resume his h) comes from a country with whom the Philippines has
surname prior to the adoption. The court shall accordingly diplomatic relations and whose government maintains a
order the amendment of the records in the proper similarly authorized and accredited agency and that
registries. (42a, PD 603) adoption is allowed under his/her national laws; and

i) possesses all the qualifications and none of the

disqualifications provided herein and in other applicable
Philippine laws