Family Code Codal

Judge Hidalgo Family Code – Codal Sumira – 1F
EXECUTIVE ORDER NO. 209 A defect in any of the essential requisites shall not affect the validity of
THE FAMILY CODE OF THE PHILIPPINES July 6, 1987 the marriage but the party or parties responsible for the irregularity shall
be civilly, criminally and administratively liable. (n)
I, CORAZON C. AQUINO, President of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby order and
promulgate the Family Code of the Philippines, as follows: Art. 5. Any male or female of the age of eighteen years or upwards not
under any of the impediments mentioned in Articles 37 and 38, may
contract marriage. (54a)
TITLE I: MARRIAGE
Chapter 1. Requisites of Marriage
Art. 6. No prescribed form or religious rite for the solemnization of the
marriage is required. It shall be necessary, however, for the contracting
Article 1. Marriage is a special contract of permanent union between a parties to appear personally before the solemnizing officer and declare in
man and a woman entered into in accordance with law for the the presence of not less than two witnesses of legal age that they take
establishment of conjugal and family life. It is the foundation of the each other as husband and wife. This declaration shall be contained in
family and an inviolable social institution whose nature, consequences, the marriage certificate which shall be signed by the contracting parties
and incidents are governed by law and not subject to stipulation, except and their witnesses and attested by the solemnizing officer.
that marriage settlements may fix the property relations during the
In case of a marriage in articulo mortis, when the party at the point of
marriage within the limits provided by this Code. (52a)
death is unable to sign the marriage certificate, it shall be sufficient for
one of the witnesses to the marriage to write the name of said party,
Art. 2. No marriage shall be valid, unless these essential requisites are which fact shall be attested by the solemnizing officer. (55a)
present:
(1) Legal capacity of the contracting parties who must be a male and a Art. 7. Marriage may be solemnized by:
female; and
(1) Any incumbent member of the judiciary within the court's
(2) Consent freely given in the presence of the solemnizing officer. (53a) jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect
Art. 3. The formal requisites of marriage are: duly authorized by his church or religious sect and registered with the
(1) Authority of the solemnizing officer; civil registrar general, acting within the limits of the written authority
(2) A valid marriage license except in the cases provided for in Chapter 2 granted by his church or religious sect and provided that at least one of
of this Title; and the contracting parties belongs to the solemnizing officer's church or
(3) A marriage ceremony which takes place with the appearance of the religious sect;
contracting parties before the solemnizing officer and their personal (3) Any ship captain or airplane chief only in the case mentioned in
declaration that they take each other as husband and wife in the presence Article 31;
of not less than two witnesses of legal age. (53a, 55a) (4) Any military commander of a unit to which a chaplain is assigned, in
the absence of the latter, during a military operation, likewise only in the
Art. 4. The absence of any of the essential or formal requisites shall cases mentioned in Article 32;
render the marriage void ab initio, except as stated in Article 35 (2).
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(5) Any consul-general, consul or vice-consul in the case provided in (8) Full name, residence and citizenship of the father;
Article 10. (56a) (9) Full name, residence and citizenship of the mother; and
(10) Full name, residence and citizenship of the guardian or person
Article 8. The marriage shall be solemnized publicly in the chambers of having charge, in case the contracting party has neither father nor mother
the judge or in open court, in the church, chapel or temple, or in the and is under the age of twenty-one years.
office the consul-general, consul or vice-consul, as the case may be, and The applicants, their parents or guardians shall not be required to exhibit
not elsewhere, except in cases of marriages contracted on the point of their residence certificates in any formality in connection with the
death or in remote places in accordance with Article 29 of this Code, or securing of the marriage license. (59a)
where both of the parties request the solemnizing officer in writing in
which case the marriage may be solemnized at a house or place Art. 12. The local civil registrar, upon receiving such application, shall
designated by them in a sworn statement to that effect. (57a) require the presentation of the original birth certificates or, in default
thereof, the baptismal certificates of the contracting parties or copies of
Art. 9. A marriage license shall be issued by the local civil registrar of the such documents duly attested by the persons having custody of the
city or municipality where either contracting party habitually resides, originals. These certificates or certified copies of the documents by this
except in marriages where no license is required in accordance with Article need not be sworn to and shall be exempt from the documentary
Chapter 2 of this Title. (58a) stamp tax. The signature and official title of the person issuing the
certificate shall be sufficient proof of its authenticity.
Art. 10. Marriages between Filipino citizens abroad may be solemnized If either of the contracting parties is unable to produce his birth or
by a consul-general, consul or vice-consul of the Republic of the baptismal certificate or a certified copy of either because of the
Philippines. The issuance of the marriage license and the duties of the destruction or loss of the original or if it is shown by an affidavit of such
local civil registrar and of the solemnizing officer with regard to the party or of any other person that such birth or baptismal certificate has
celebration of marriage shall be performed by said consular official. (75a) not yet been received though the same has been required of the person
having custody thereof at least fifteen days prior to the date of the
Art. 11. Where a marriage license is required, each of the contracting application, such party may furnish in lieu thereof his current residence
parties shall file separately a sworn application for such license with the certificate or an instrument drawn up and sworn to before the local civil
proper local civil registrar which shall specify the following: registrar concerned or any public official authorized to administer oaths.
Such instrument shall contain the sworn declaration of two witnesses of
(1) Full name of the contracting party;
lawful age, setting forth the full name, residence and citizenship of such
(2) Place of birth; contracting party and of his or her parents, if known, and the place and
(3) Age and date of birth; date of birth of such party. The nearest of kin of the contracting parties
(4) Civil status; shall be preferred as witnesses, or, in their default, persons of good
(5) If previously married, how, when and where the previous marriage reputation in the province or the locality.
was dissolved or annulled; The presentation of birth or baptismal certificate shall not be required if
(6) Present residence and citizenship; the parents of the contracting parties appear personally before the local
(7) Degree of relationship of the contracting parties; civil registrar concerned and swear to the correctness of the lawful age of
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said parties, as stated in the application, or when the local civil registrar any, shall be attached to the application for marriage license. Should the
shall, by merely looking at the applicants upon their personally appearing parents or guardian refuse to give any advice, this fact shall be stated in
before him, be convinced that either or both of them have the required the sworn statement. (62a)
age. (60a)
Art. 16. In the cases where parental consent or parental advice is needed,
Art. 13. In case either of the contracting parties has been previously the party or parties concerned shall, in addition to the requirements of
married, the applicant shall be required to furnish, instead of the birth or the preceding articles, attach a certificate issued by a priest, imam or
baptismal certificate required in the last preceding article, the death minister authorized to solemnize marriage under Article 7 of this Code or
certificate of the deceased spouse or the judicial decree of the absolute a marriage counselor duly accredited by the proper government agency to
divorce, or the judicial decree of annulment or declaration of nullity of the effect that the contracting parties have undergone marriage
his or her previous marriage. counseling. Failure to attach said certificates of marriage counseling shall
In case the death certificate cannot be secured, the party shall make an suspend the issuance of the marriage license for a period of three months
affidavit setting forth this circumstance and his or her actual civil status from the completion of the publication of the application. Issuance of
and the name and date of death of the deceased spouse. (61a) the marriage license within the prohibited period shall subject the issuing
officer to administrative sanctions but shall not affect the validity of the
marriage.
Art. 14. In case either or both of the contracting parties, not having been
emancipated by a previous marriage, are between the ages of eighteen Should only one of the contracting parties need parental consent or
and twenty-one, they shall, in addition to the requirements of the parental advice, the other party must be present at the counseling
preceding articles, exhibit to the local civil registrar, the consent to their referred to in the preceding paragraph. (n)
marriage of their father, mother, surviving parent or guardian, or persons
having legal charge of them, in the order mentioned. Such consent shall Art. 17. The local civil registrar shall prepare a notice which shall contain
be manifested in writing by the interested party, who personally appears the full names and residences of the applicants for a marriage license and
before the proper local civil registrar, or in the form of an affidavit made other data given in the applications. The notice shall be posted for ten
in the presence of two witnesses and attested before any official consecutive days on a bulletin board outside the office of the local civil
authorized by law to administer oaths. The personal manifestation shall registrar located in a conspicuous place within the building and accessible
be recorded in both applications for marriage license, and the affidavit, if to the general public. This notice shall request all persons having
one is executed instead, shall be attached to said applications. (61a) knowledge of any impediment to the marriage to advise the local civil
registrar thereof. The marriage license shall be issued after the
Art. 15. Any contracting party between the age of twenty-one and completion of the period of publication. (63a)
twenty-five shall be obliged to ask their parents or guardian for advice
upon the intended marriage. If they do not obtain such advice, or if it be Art. 18. In case of any impediment known to the local civil registrar or
unfavorable, the marriage license shall not be issued till after three brought to his attention, he shall note down the particulars thereof and
months following the completion of the publication of the application his findings thereon in the application for marriage license, but shall
therefor. A sworn statement by the contracting parties to the effect that nonetheless issue said license after the completion of the period of
such advice has been sought, together with the written advice given, if publication, unless ordered otherwise by a competent court at his own
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instance or that of any interest party. No filing fee shall be charged for (5) That either or both of the contracting parties have secured the
the petition nor a corresponding bond required for the issuances of the parental consent in appropriate cases;
order. (64a) (6) That either or both of the contracting parties have complied with the
legal requirement regarding parental advice in appropriate cases; and
Art. 19. The local civil registrar shall require the payment of the fees (7) That the parties have entered into marriage settlement, if any,
prescribed by law or regulations before the issuance of the marriage attaching a copy thereof. (67a)
license. No other sum shall be collected in the nature of a fee or tax of
any kind for the issuance of said license. It shall, however, be issued free Art. 23. It shall be the duty of the person solemnizing the marriage to
of charge to indigent parties, that is those who have no visible means of furnish either of the contracting parties the original of the marriage
income or whose income is insufficient for their subsistence a fact certificate referred to in Article 6 and to send the duplicate and triplicate
established by their affidavit, or by their oath before the local civil copies of the certificate not later than fifteen days after the marriage, to
registrar. (65a) chan robles virtual law library the local civil registrar of the place where the marriage was solemnized.
Proper receipts shall be issued by the local civil registrar to the
Art. 20. The license shall be valid in any part of the Philippines for a solemnizing officer transmitting copies of the marriage certificate. The
period of one hundred twenty days from the date of issue, and shall be solemnizing officer shall retain in his file the quadruplicate copy of the
deemed automatically canceled at the expiration of the said period if the marriage certificate, the copy of the marriage certificate, the original of
contracting parties have not made use of it. The expiry date shall be the marriage license and, in proper cases, the affidavit of the contracting
stamped in bold characters on the face of every license issued. (65a) party regarding the solemnization of the marriage in place other than
those mentioned in Article 8. (68a)
Art. 21. When either or both of the contracting parties are citizens of a
foreign country, it shall be necessary for them before a marriage license Art. 24. It shall be the duty of the local civil registrar to prepare the
can be obtained, to submit a certificate of legal capacity to contract documents required by this Title, and to administer oaths to all interested
marriage, issued by their respective diplomatic or consular officials. parties without any charge in both cases. The documents and affidavits
Stateless persons or refugees from other countries shall, in lieu of the filed in connection with applications for marriage licenses shall be
certificate of legal capacity herein required, submit an affidavit stating the exempt from documentary stamp tax. (n)
circumstances showing such capacity to contract marriage. (66a)
Art. 25. The local civil registrar concerned shall enter all applications for
Art. 22. The marriage certificate, in which the parties shall declare that marriage licenses filed with him in a registry book strictly in the order in
they take each other as husband and wife, shall also state: which the same are received. He shall record in said book the names of
(1) The full name, sex and age of each contracting party; the applicants, the date on which the marriage license was issued, and
such other data as may be necessary. (n)
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the marriage;
(4) That the proper marriage license has been issued according to law, Art. 26. All marriages solemnized outside the Philippines, in accordance
with the laws in force in the country where they were solemnized, and
except in marriage provided for in Chapter 2 of this Title;
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valid there as such, shall also be valid in this country, except those Art. 31. A marriage in articulo mortis between passengers or crew
prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a) members may also be solemnized by a ship captain or by an airplane pilot
Where a marriage between a Filipino citizen and a foreigner is validly not only while the ship is at sea or the plane is in flight, but also during
celebrated and a divorce is thereafter validly obtained abroad by the alien stopovers at ports of call. (74a)
spouse capacitating him or her to remarry, the Filipino spouse shall have Art. 32. A military commander of a unit, who is a commissioned officer,
capacity to remarry under Philippine law. (As amended by Executive shall likewise have authority to solemnize marriages in articulo mortis
Order 227) between persons within the zone of military operation, whether members
of the armed forces or civilians. (74a)
Chapter 2. Marriages Exempted from License Requirement
Art. 33. Marriages among Muslims or among members of the ethnic
Art. 27. In case either or both of the contracting parties are at the point cultural communities may be performed validly without the necessity of
of death, the marriage may be solemnized without necessity of a marriage marriage license, provided they are solemnized in accordance with their
license and shall remain valid even if the ailing party subsequently customs, rites or practices. (78a)
survives. (72a)
Art. 34. No license shall be necessary for the marriage of a man and a
Art. 28. If the residence of either party is so located that there is no woman who have lived together as husband and wife for at least five
means of transportation to enable such party to appear personally before years and without any legal impediment to marry each other. The
the local civil registrar, the marriage may be solemnized without necessity contracting parties shall state the foregoing facts in an affidavit before
of a marriage license. (72a) any person authorized by law to administer oaths. The solemnizing
officer shall also state under oath that he ascertained the qualifications of
the contracting parties are found no legal impediment to the marriage.
Art. 29. In the cases provided for in the two preceding articles, the (76a)
solemnizing officer shall state in an affidavit executed before the local
civil registrar or any other person legally authorized to administer oaths
that the marriage was performed in articulo mortis or that the residence Chapter 3. Void and Voidable Marriages
of either party, specifying the barrio or barangay, is so located that there
is no means of transportation to enable such party to appear personally Art. 35. The following marriages shall be void from the beginning:
before the local civil registrar and that the officer took the necessary (1) Those contracted by any party below eighteen years of age even with
steps to ascertain the ages and relationship of the contracting parties and the consent of parents or guardians;
the absence of legal impediment to the marriage. (72a) (2) Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or both
Art. 30. The original of the affidavit required in the last preceding article, parties believing in good faith that the solemnizing officer had the legal
together with the legible copy of the marriage contract, shall be sent by authority to do so;
the person solemnizing the marriage to the local civil registrar of the (3) Those solemnized without license, except those covered the
municipality where it was performed within the period of thirty days after preceding Chapter;
the performance of the marriage. (75a)
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(4) Those bigamous or polygamous marriages not failing under Article Art. 39. The action or defense for the declaration of absolute nullity of a
41; marriage shall not prescribe. (As amended by Executive Order 227 and
(5) Those contracted through mistake of one contracting party as to the Republic Act No. 8533; The phrase "However, in case of marriage
identity of the other; and celebrated before the effectivity of this Code and falling under Article 36,
(6) Those subsequent marriages that are void under Article 53. such action or defense shall prescribe in ten years after this Code shall
taken effect"has been deleted by Republic Act No. 8533 [Approved
February 23, 1998]).
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void even if Art. 40. The absolute nullity of a previous marriage may be invoked for
such incapacity becomes manifest only after its solemnization. (As purposes of remarriage on the basis solely of a final judgment declaring
amended by Executive Order 227) such previous marriage void. (n)
Art. 37. Marriages between the following are incestuous and void from Art. 41. A marriage contracted by any person during subsistence of a
the beginning, whether relationship between the parties be legitimate or previous marriage shall be null and void, unless before the celebration of
illegitimate: the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief that
(1) Between ascendants and descendants of any degree; and
the absent spouse was already dead. In case of disappearance where there
(2) Between brothers and sisters, whether of the full or half blood. (81a) is danger of death under the circumstances set forth in the provisions of
Article 391 of the Civil Code, an absence of only two years shall be
Art. 38. The following marriages shall be void from the beginning for sufficient.
reasons of public policy: For the purpose of contracting the subsequent marriage under the
(1) Between collateral blood relatives whether legitimate or illegitimate, preceding paragraph the spouse present must institute a summary
up to the fourth civil degree; proceeding as provided in this Code for the declaration of presumptive
(2) Between step-parents and step-children; death of the absentee, without prejudice to the effect of reappearance of
(3) Between parents-in-law and children-in-law; the absent spouse. (83a)
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted Art. 42. The subsequent marriage referred to in the preceding Article
child; shall be automatically terminated by the recording of the affidavit of
(6) Between the surviving spouse of the adopted child and the adopter; reappearance of the absent spouse, unless there is a judgment annulling
the previous marriage or declaring it void ab initio.
(7) Between an adopted child and a legitimate child of the adopter;
A sworn statement of the fact and circumstances of reappearance shall be
(8) Between adopted children of the same adopter; and
recorded in the civil registry of the residence of the parties to the
(9) Between parties where one, with the intention to marry the other, subsequent marriage at the instance of any interested person, with due
killed that other person's spouse, or his or her own spouse. (82) notice to the spouses of the subsequent marriage and without prejudice
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to the fact of reappearance being judicially determined in case such fact is unless after attaining the age of twenty-one, such party freely cohabited
disputed. (n) with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after
Art. 43. The termination of the subsequent marriage referred to in the coming to reason, freely cohabited with the other as husband and wife;
preceding Article shall produce the following effects: (3) That the consent of either party was obtained by fraud, unless such
(1) The children of the subsequent marriage conceived prior to its party afterwards, with full knowledge of the facts constituting the fraud,
termination shall be considered legitimate; freely cohabited with the other as husband and wife;
(2) The absolute community of property or the conjugal partnership, as (4) That the consent of either party was obtained by force, intimidation
the case may be, shall be dissolved and liquidated, but if either spouse or undue influence, unless the same having disappeared or ceased, such
contracted said marriage in bad faith, his or her share of the net profits of party thereafter freely cohabited with the other as husband and wife;
the community property or conjugal partnership property shall be (5) That either party was physically incapable of consummating the
forfeited in favor of the common children or, if there are none, the marriage with the other, and such incapacity continues and appears to be
children of the guilty spouse by a previous marriage or in default of incurable; or
children, the innocent spouse; (6) That either party was afflicted with a sexually-transmissible disease
(3) Donations by reason of marriage shall remain valid, except that if the found to be serious and appears to be incurable. (85a)
donee contracted the marriage in bad faith, such donations made to said
donee are revoked by operation of law; Art. 46. Any of the following circumstances shall constitute fraud
(4) The innocent spouse may revoke the designation of the other spouse referred to in Number 3 of the preceding Article:
who acted in bad faith as beneficiary in any insurance policy, even if such (1) Non-disclosure of a previous conviction by final judgment of the
designation be stipulated as irrevocable; and other party of a crime involving moral turpitude;
(5) The spouse who contracted the subsequent marriage in bad faith shall (2) Concealment by the wife of the fact that at the time of the marriage,
be disqualified to inherit from the innocent spouse by testate and she was pregnant by a man other than her husband;
intestate succession. (n) (3) Concealment of sexually transmissible disease, regardless of its nature,
existing at the time of the marriage; or
Art. 44. If both spouses of the subsequent marriage acted in bad faith, (4) Concealment of drug addiction, habitual alcoholism or homosexuality
said marriage shall be void ab initio and all donations by reason of or lesbianism existing at the time of the marriage.
marriage and testamentary dispositions made by one in favor of the other No other misrepresentation or deceit as to character, health, rank,
are revoked by operation of law. (n)
fortune or chastity shall constitute such fraud as will give grounds for
action for the annulment of marriage. (86a)
Art. 45. A marriage may be annulled for any of the following causes,
existing at the time of the marriage: Art. 47. The action for annulment of marriage must be filed by the
(1) That the party in whose behalf it is sought to have the marriage following persons and within the periods indicated herein:
annulled was eighteen years of age or over but below twenty-one, and the (1) For causes mentioned in number 1 of Article 45 by the party whose
marriage was solemnized without the consent of the parents, guardian or parent or guardian did not give his or her consent, within five years after
person having substitute parental authority over the party, in that order,
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attaining the age of twenty-one, or by the parent or guardian or person marriages which are declared ab initio or annulled by final judgment
having legal charge of the minor, at any time before such party has under Articles 40 and 45.
reached the age of twenty-one; The final judgment in such cases shall provide for the liquidation,
(2) For causes mentioned in number 2 of Article 45, by the same spouse, partition and distribution of the properties of the spouses, the custody
who had no knowledge of the other's insanity; or by any relative or and support of the common children, and the delivery of third
guardian or person having legal charge of the insane, at any time before presumptive legitimes, unless such matters had been adjudicated in
the death of either party, or by the insane spouse during a lucid interval previous judicial proceedings.
or after regaining sanity; All creditors of the spouses as well as of the absolute community or the
(3) For causes mentioned in number 3 of Article 45, by the injured party, conjugal partnership shall be notified of the proceedings for liquidation.
within five years after the discovery of the fraud; In the partition, the conjugal dwelling and the lot on which it is situated,
(4) For causes mentioned in number 4 of Article 45, by the injured party, shall be adjudicated in accordance with the provisions of Articles 102 and
within five years from the time the force, intimidation or undue influence 129.
disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured Art. 51. In said partition, the value of the presumptive legitimes of all
party, within five years after the marriage. (87a) common children, computed as of the date of the final judgment of the
trial court, shall be delivered in cash, property or sound securities, unless
Art. 48. In all cases of annulment or declaration of absolute nullity of the parties, by mutual agreement judicially approved, had already
marriage, the Court shall order the prosecuting attorney or fiscal assigned provided for such matters.
to it to appear on behalf of the State to take steps to prevent collusion The children or their guardian or the trustee of their property may ask for
between the parties and to take care that evidence is not fabricated or the enforcement of the judgment.
suppressed. The delivery of the presumptive legitimes herein prescribed shall in no
In the cases referred to in the preceding paragraph, no judgment shall be way prejudice the ultimate successional rights of the children accruing
based upon a stipulation of facts or confession of judgment. (88a) upon the death of either of both of the parents; but the value of the
properties already received under the decree of annulment or absolute
Art. 49. During the pendency of the action and in the absence of nullity shall be considered as advances on their legitime. (n)
adequate provisions in a written agreement between the spouses, the
Court shall provide for the support of the spouses and the custody and Art. 52. The judgment of annulment or of absolute nullity of the
support of their common children. The Court shall give paramount marriage, the partition and distribution of the properties of the spouses
consideration to the moral and material welfare of said children and their and the delivery of the children's presumptive legitimes shall be recorded
choice of the parent with whom they wish to remain as provided to in in the appropriate civil registry and registries of property; otherwise, the
Title IX. It shall also provide for appropriate visitation rights of the other same shall not affect third persons. (n)
parent. (n)
Art. 53. Either of the former spouses may marry again after compliance
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of with the requirements of the immediately preceding Article; otherwise,
Article 43 and by Article 44 shall also apply in the proper cases to
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the subsequent marriage shall be null and void.chan robles virtual law (1) Where the aggrieved party has condoned the offense or act
library complained of;
(2) Where the aggrieved party has consented to the commission of the
Art. 54. Children conceived or born before the judgment of annulment offense or act complained of;
or absolute nullity of the marriage under Article 36 has become final and (3) Where there is connivance between the parties in the commission of
executory shall be considered legitimate. Children conceived or born of the offense or act constituting the ground for legal separation;
the subsequent marriage under Article 53 shall likewise be legitimate. (4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal
TITLE II: LEGAL SEPARATION separation; or
(6) Where the action is barred by prescription. (100a)
Art. 55. A petition for legal separation may be filed on any of the
following grounds: Art. 57. An action for legal separation shall be filed within five years from
(1) Repeated physical violence or grossly abusive conduct directed against the time of the occurrence of the cause. (102)
the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to Art. 58. An action for legal separation shall in no case be tried before six
change religious or political affiliation; months shall have elapsed since the filing of the petition. (103)
(3) Attempt of respondent to corrupt or induce the petitioner, a common
child, or a child of the petitioner, to engage in prostitution, or connivance Art. 59. No legal separation may be decreed unless the Court has taken
in such corruption or inducement; steps toward the reconciliation of the spouses and is fully satisfied,
(4) Final judgment sentencing the respondent to imprisonment of more despite such efforts, that reconciliation is highly improbable. (n)
than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent; Art. 60. No decree of legal separation shall be based upon a stipulation of
(6) Lesbianism or homosexuality of the respondent; facts or a confession of judgment.
(7) Contracting by the respondent of a subsequent bigamous marriage, In any case, the Court shall order the prosecuting attorney or fiscal
whether in the Philippines or abroad; assigned to it to take steps to prevent collusion between the parties and
(8) Sexual infidelity or perversion; to take care that the evidence is not fabricated or suppressed. (101a)
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause Art. 61. After the filing of the petition for legal separation, the spouses
for more than one year. shall be entitled to live separately from each other.
For purposes of this Article, the term "child" shall include a child by The court, in the absence of a written agreement between the spouses,
nature or by adoption. (9a) shall designate either of them or a third person to administer the absolute
community or conjugal partnership property. The administrator
Art. 56. The petition for legal separation shall be denied on any of the appointed by the court shall have the same powers and duties as those of
following grounds: a guardian under the Rules of Court. (104a)
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Art. 62. During the pendency of the action for legal separation, the Art. 65. If the spouses should reconcile, a corresponding joint
provisions of Article 49 shall likewise apply to the support of the spouses manifestation under oath duly signed by them shall be filed with the
and the custody and support of the common children. (105a) court in the same proceeding for legal separation. (n)
Art. 63. The decree of legal separation shall have the following effects: Art. 66. The reconciliation referred to in the preceding Articles shall have
(1) The spouses shall be entitled to live separately from each other, but the following consequences:
the marriage bonds shall not be severed; (1) The legal separation proceedings, if still pending, shall thereby be
(2) The absolute community or the conjugal partnership shall be terminated at whatever stage; and
dissolved and liquidated but the offending spouse shall have no right to (2) The final decree of legal separation shall be set aside, but the
any share of the net profits earned by the absolute community or the separation of property and any forfeiture of the share of the guilty spouse
conjugal partnership, which shall be forfeited in accordance with the already effected shall subsist, unless the spouses agree to revive their
provisions of Article 43(2); former property regime.
(3) The custody of the minor children shall be awarded to the innocent The court's order containing the foregoing shall be recorded in the
spouse, subject to the provisions of Article 213 of this Code; and proper civil registries. (108a)
(4) The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favor of Art. 67. The agreement to revive the former property regime referred to
the offending spouse made in the will of the innocent spouse shall be in the preceding Article shall be executed under oath and shall specify:
revoked by operation of law. (106a) (1) The properties to be contributed anew to the restored regime;
(2) Those to be retained as separated properties of each spouse; and
Art. 64. After the finality of the decree of legal separation, the innocent (3) The names of all their known creditors, their addresses and the
spouse may revoke the donations made by him or by her in favor of the amounts owing to each.
offending spouse, as well as the designation of the latter as beneficiary in The agreement of revival and the motion for its approval shall be filed
any insurance policy, even if such designation be stipulated as with the court in the same proceeding for legal separation, with copies of
irrevocable. The revocation of the donations shall be recorded in the both furnished to the creditors named therein. After due hearing, the
registries of property in the places where the properties are located. court shall, in its order, take measure to protect the interest of creditors
Alienations, liens and encumbrances registered in good faith before the and such order shall be recorded in the proper registries of properties.
recording of the complaint for revocation in the registries of property
shall be respected. The revocation of or change in the designation of the The recording of the ordering in the registries of property shall not
insurance beneficiary shall take effect upon written notification thereof to prejudice any creditor not listed or not notified, unless the debtor-spouse
the insured. has sufficient separate properties to satisfy the creditor's claim. (195a,
108a)
The action to revoke the donation under this Article must be brought
within five years from the time the decree of legal separation become
final. (107a) TITLE III: RIGHTS AND OBLIGATIONS BETWEEN
HUSBAND AND WIFE
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Art. 68. The husband and wife are obliged to live together, observe be enforced against the separate property of the spouse who has not
mutual love, respect and fidelity, and render mutual help and support. obtained consent.
(109a) The foregoing provisions shall not prejudice the rights of creditors who
acted in good faith. (117a)
Art. 69. The husband and wife shall fix the family domicile. In case of
disagreement, the court shall decide. TITLE IV: PROPERTY RELATIONS BETWEEN HUSBAND
The court may exempt one spouse from living with the other if the latter AND WIFE
should live abroad or there are other valid and compelling reasons for the Chapter 1. General Provisions
exemption. However, such exemption shall not apply if the same is not
compatible with the solidarity of the family. (110a)
Art. 74. The property relationship between husband and wife shall be
governed in the following order:
Art. 70. The spouses are jointly responsible for the support of the family. (1) By marriage settlements executed before the marriage;
The expenses for such support and other conjugal obligations shall be (2) By the provisions of this Code; and
paid from the community property and, in the absence thereof, from the
income or fruits of their separate properties. In case of insufficiency or (3) By the local custom. (118)
absence of said income or fruits, such obligations shall be satisfied from
the separate properties. (111a) Art. 75. The future spouses may, in the marriage settlements, agree upon
the regime of absolute community, conjugal partnership of gains,
Art. 71. The management of the household shall be the right and the complete separation of property, or any other regime. In the absence of a
duty of both spouses. The expenses for such management shall be paid marriage settlement, or when the regime agreed upon is void, the system
in accordance with the provisions of Article 70. (115a) of absolute community of property as established in this Code shall
govern. (119a)
Art. 72. When one of the spouses neglects his or her duties to the
conjugal union or commits acts which tend to bring danger, dishonor or Art. 76. In order that any modification in the marriage settlements may
injury to the other or to the family, the aggrieved party may apply to the be valid, it must be made before the celebration of the marriage, subject
court for relief. (116a) to the provisions of Articles 66, 67, 128, 135 and 136. (121)
Art. 73. Either spouse may exercise any legitimate profession, Art. 77. The marriage settlements and any modification thereof shall be
occupation, business or activity without the consent of the other. The in writing, signed by the parties and executed before the celebration of
latter may object only on valid, serious, and moral grounds. the marriage. They shall not prejudice third persons unless they are
registered in the local civil registry where the marriage contract is
In case of disagreement, the court shall decide whether or not: recorded as well as in the proper registries of properties. (122a)
(1) The objection is proper; and
(2) Benefit has occurred to the family prior to the objection or thereafter. Art. 78. A minor who according to law may contract marriage may also
If the benefit accrued prior to the objection, the resulting obligation shall execute his or her marriage settlements, but they shall be valid only if the
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persons designated in Article 14 to give consent to the marriage are made Art. 83. These donations are governed by the rules on ordinary donations
parties to the agreement, subject to the provisions of Title IX of this established in Title III of Book III of the Civil Code, insofar as they are
Code. (120a) not modified by the following articles. (127a)
Art. 79. For the validity of any marriage settlement executed by a person Art. 84. If the future spouses agree upon a regime other than the absolute
upon whom a sentence of civil interdiction has been pronounced or who community of property, they cannot donate to each other in their
is subject to any other disability, it shall be indispensable for the guardian marriage settlements more than one-fifth of their present property. Any
appointed by a competent court to be made a party thereto. (123a) excess shall be considered void.
Donations of future property shall be governed by the provisions on
Art. 80. In the absence of a contrary stipulation in a marriage settlement, testamentary succession and the formalities of wills. (130a)
the property relations of the spouses shall be governed by Philippine
laws, regardless of the place of the celebration of the marriage and their Art. 85. Donations by reason of marriage of property subject to
residence. encumbrances shall be valid. In case of foreclosure of the encumbrance
This rule shall not apply: and the property is sold for less than the total amount of the obligation
(1) Where both spouses are aliens; secured, the donee shall not be liable for the deficiency. If the property is
(2) With respect to the extrinsic validity of contracts affecting property sold for more than the total amount of said obligation, the donee shall be
not situated in the Philippines and executed in the country where the entitled to the excess. (131a)
property is located; and
(3) With respect to the extrinsic validity of contracts entered into in the Art. 86. A donation by reason of marriage may be revoked by the donor
Philippines but affecting property situated in a foreign country whose in the following cases:
laws require different formalities for its extrinsic validity. (124a) (1) If the marriage is not celebrated or judicially declared void ab initio
except donations made in the marriage settlements, which shall be
Art. 81. Everything stipulated in the settlements or contracts referred to governed by Article 81;
in the preceding articles in consideration of a future marriage, including (2) When the marriage takes place without the consent of the parents or
donations between the prospective spouses made therein, shall be guardian, as required by law;
rendered void if the marriage does not take place. However, stipulations (3) When the marriage is annulled, and the donee acted in bad faith;
that do not depend upon the celebration of the marriages shall be valid. (4) Upon legal separation, the donee being the guilty spouse;
(125a) (5) If it is with a resolutory condition and the condition is complied with;
(6) When the donee has committed an act of ingratitude as specified by
Chapter 2. Donations by Reason of Marriage the provisions of the Civil Code on donations in general. (132a)
Art. 82. Donations by reason of marriage are those which are made Art. 87. Every donation or grant of gratuitous advantage, direct or
before its celebration, in consideration of the same, and in favor of one indirect, between the spouses during the marriage shall be void, except
or both of the future spouses. (126) moderate gifts which the spouses may give each other on the occasion of
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any family rejoicing. The prohibition shall also apply to persons living expressly provided by the donor, testator or grantor that they shall form
together as husband and wife without a valid marriage. (133a) part of the community property;
(2) Property for personal and exclusive use of either spouse. However,
Chapter 3. System of Absolute Community jewelry shall form part of the community property;
(3) Property acquired before the marriage by either spouse who has
Section 1. General Provisions legitimate descendants by a former marriage, and the fruits as well as the
income, if any, of such property. (201a)
Art. 88. The absolute community of property between spouses shall
commence at the precise moment that the marriage is celebrated. Any
stipulation, express or implied, for the commencement of the community Art. 93. Property acquired during the marriage is presumed to belong to
regime at any other time shall be void. (145a) the community, unless it is proved that it is one of those excluded
therefrom. (160) chan robles virtual law library
Art. 89. No waiver of rights, shares and effects of the absolute
community of property during the marriage can be made except in case Section 3. Charges and Obligations of the Absolute Community
of judicial separation of property. Art. 94. The absolute community of property shall be liable for:
When the waiver takes place upon a judicial separation of property, or (1) The support of the spouses, their common children, and legitimate
after the marriage has been dissolved or annulled, the same shall appear children of either spouse; however, the support of illegitimate children
in a public instrument and shall be recorded as provided in Article 77. shall be governed by the provisions of this Code on Support;
The creditors of the spouse who made such waiver may petition the (2) All debts and obligations contracted during the marriage by the
court to rescind the waiver to the extent of the amount sufficient to designated administrator-spouse for the benefit of the community, or by
cover the amount of their credits. (146a) both spouses, or by one spouse with the consent of the other;
(3) Debts and obligations contracted by either spouse without the
Art. 90. The provisions on co-ownership shall apply to the absolute consent of the other to the extent that the family may have been
community of property between the spouses in all matters not provided benefited;
for in this Chapter. (n) (4) All taxes, liens, charges and expenses, including major or minor
repairs, upon the community property;
Section 2. What Constitutes Community Property (5) All taxes and expenses for mere preservation made during marriage
Art. 91. Unless otherwise provided in this Chapter or in the marriage upon the separate property of either spouse used by the family;
settlements, the community property shall consist of all the property (6) Expenses to enable either spouse to commence or complete a
owned by the spouses at the time of the celebration of the marriage or professional or vocational course, or other activity for self-improvement;
acquired thereafter. (197a) (7) Ante-nuptial debts of either spouse insofar as they have redounded to
the benefit of the family;
Art. 92. The following shall be excluded from the community property: (8) The value of what is donated or promised by both spouses in favor of
(1) Property acquired during the marriage by gratuitous title by either their common legitimate children for the exclusive purpose of
spouse, and the fruits as well as the income thereof, if any, unless it is
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commencing or completing a professional or vocational course or other transaction shall be construed as a continuing offer on the part of the
activity for self-improvement; consenting spouse and the third person, and may be perfected as a
(9) Ante-nuptial debts of either spouse other than those falling under binding contract upon the acceptance by the other spouse or
paragraph (7) of this Article, the support of illegitimate children of either authorization by the court before the offer is withdrawn by either or both
spouse, and liabilities incurred by either spouse by reason of a crime or a offerors. (206a)
quasi-delict, in case of absence or insufficiency of the exclusive property
of the debtor-spouse, the payment of which shall be considered as Art. 97. Either spouse may dispose by will of his or her interest in the
advances to be deducted from the share of the debtor-spouse upon community property. (n)
liquidation of the community; and
(10) Expenses of litigation between the spouses unless the suit is found Art. 98. Neither spouse may donate any community property without the
to be groundless. consent of the other. However, either spouse may, without the consent
If the community property is insufficient to cover the foregoing of the other, make moderate donations from the community property for
liabilities, except those falling under paragraph (9), the spouses shall be charity or on occasions of family rejoicing or family distress. (n)
solidarily liable for the unpaid balance with their separate properties.
(161a, 162a, 163a, 202a-205a) Section 5. Dissolution of Absolute Community Regime
Art. 99. The absolute community terminates:
Art. 95. Whatever may be lost during the marriage in any game of chance, (1) Upon the death of either spouse;
betting, sweepstakes, or any other kind of gambling, whether permitted
or prohibited by law, shall be borne by the loser and shall not be charged (2) When there is a decree of legal separation;
to the community but any winnings therefrom shall form part of the (3) When the marriage is annulled or declared void; or
community property. (164a) (4) In case of judicial separation of property during the marriage under
Articles 134 to 138. (175a)
Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community
Property Art. 100. The separation in fact between husband and wife shall not
Art. 96. The administration and enjoyment of the community property affect the regime of absolute community except that:
shall belong to both spouses jointly. In case of disagreement, the (1) The spouse who leaves the conjugal home or refuses to live therein,
husband's decision shall prevail, subject to recourse to the court by the without just cause, shall not have the right to be supported;
wife for proper remedy, which must be availed of within five years from (2) When the consent of one spouse to any transaction of the other is
the date of the contract implementing such decision. required by law, judicial authorization shall be obtained in a summary
In the event that one spouse is incapacitated or otherwise unable proceeding;
to participate in the administration of the common properties, the other (3) In the absence of sufficient community property, the separate
spouse may assume sole powers of administration. These powers do not property of both spouses shall be solidarily liable for the support of the
include disposition or encumbrance without authority of the court or the family. The spouse present shall, upon proper petition in a summary
written consent of the other spouse. In the absence of such authority or proceeding, be given judicial authority to administer or encumber any
consent, the disposition or encumbrance shall be void. However, the
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specific separate property of the other spouse and use the fruits or value of the community property at the time of the celebration of the
proceeds thereof to satisfy the latter's share. (178a) marriage and the market value at the time of its dissolution.
(5) The presumptive legitimes of the common children shall be delivered
Art. 101. If a spouse without just cause abandons the other or fails to upon partition, in accordance with Article 51.
comply with his or her obligations to the family, the aggrieved spouse (6) Unless otherwise agreed upon by the parties, in the partition of the
may petition the court for receivership, for judicial separation of property properties, the conjugal dwelling and the lot on which it is situated shall
or for authority to be the sole administrator of the absolute community, be adjudicated to the spouse with whom the majority of the common
subject to such precautionary conditions as the court may impose. children choose to remain. Children below the age of seven years are
The obligations to the family mentioned in the preceding deemed to have chosen the mother, unless the court has decided
paragraph refer to marital, parental or property relations. otherwise. In case there in no such majority, the court shall decide, taking
A spouse is deemed to have abandoned the other when her or into consideration the best interests of said children. (n)
she has left the conjugal dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a period of three months or Art. 103. Upon the termination of the marriage by death, the community
has failed within the same period to give any information as to his or her property shall be liquidated in the same proceeding for the settlement of
whereabouts shall be prima facie presumed to have no intention of the estate of the deceased.
returning to the conjugal dwelling. (178a) If no judicial settlement proceeding is instituted, the surviving spouse
shall liquidate the community property either judicially or extra-judicially
Section 6. Liquidation of the Absolute Community Assets and Liabilities within six months from the death of the deceased spouse. If upon the
Art. 102. Upon dissolution of the absolute community regime, the lapse of the six months period, no liquidation is made, any disposition or
following procedure shall apply: encumbrance involving the community property of the terminated
marriage shall be void.
(1) An inventory shall be prepared, listing separately all the properties of
the absolute community and the exclusive properties of each spouse. Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
(2) The debts and obligations of the absolute community shall be paid
complete separation of property shall govern the property relations of
out of its assets. In case of insufficiency of said assets, the spouses shall
the subsequent marriage. (n)
be solidarily liable for the unpaid balance with their separate properties in
accordance with the provisions of the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of the spouses shall Art. 104. Whenever the liquidation of the community properties of two
thereafter be delivered to each of them. or more marriages contracted by the same person before the effectivity
of this Code is carried out simultaneously, the respective capital, fruits
(4) The net remainder of the properties of the absolute community shall
and income of each community shall be determined upon such proof as
constitute its net assets, which shall be divided equally between husband
may be considered according to the rules of evidence. In case of doubt as
and wife, unless a different proportion or division was agreed upon in the
to which community the existing properties belong, the same shall be
marriage settlements, or unless there has been a voluntary waiver of such
share provided in this Code. For purpose of computing the net profits divided between the different communities in proportion to the capital
and duration of each. (189a)
subject to forfeiture in accordance with Articles 43, No. (2) and 63, No.
(2), the said profits shall be the increase in value between the market
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Chapter 4. Conjugal Partnership of Gains (3) That which is acquired by right of redemption, by barter or by
exchange with property belonging to only one of the spouses; and
Section 1. General Provisions (4) That which is purchased with exclusive money of the wife or of the
Art. 105. In case the future spouses agree in the marriage settlements that husband. (148a)
the regime of conjugal partnership gains shall govern their property
relations during marriage, the provisions in this Chapter shall be of Art. 110. The spouses retain the ownership, possession, administration
supplementary application. and enjoyment of their exclusive properties.
The provisions of this Chapter shall also apply to conjugal Either spouse may, during the marriage, transfer the
partnerships of gains already established between spouses before the administration of his or her exclusive property to the other by means of a
effectivity of this Code, without prejudice to vested rights already public instrument, which shall be recorded in the registry of property of
acquired in accordance with the Civil Code or other laws, as provided in the place the property is located. (137a, 168a, 169a)
Article 256. (n)
Art. 111. A spouse of age may mortgage, encumber, alienate or otherwise
Art. 106. Under the regime of conjugal partnership of gains, the husband dispose of his or her exclusive property, without the consent of the other
and wife place in a common fund the proceeds, products, fruits and spouse, and appear alone in court to litigate with regard to the same. (n)
income from their separate properties and those acquired by either or
both spouses through their efforts or by chance, and, upon dissolution of Art. 112. The alienation of any exclusive property of a spouse
the marriage or of the partnership, the net gains or benefits obtained by administered by the other automatically terminates the administration
either or both spouses shall be divided equally between them, unless over such property and the proceeds of the alienation shall be turned
otherwise agreed in the marriage settlements. (142a) over to the owner-spouse. (n)
Art. 107. The rules provided in Articles 88 and 89 shall also apply to Art. 113. Property donated or left by will to the spouses, jointly and with
conjugal partnership of gains. (n) designation of determinate shares, shall pertain to the donee-spouses as
his or her own exclusive property, and in the absence of designation,
Art. 108. The conjugal partnership shall be governed by the rules on the share and share alike, without prejudice to the right of accretion when
contract of partnership in all that is not in conflict with what is expressly proper. (150a)
determined in this Chapter or by the spouses in their marriage
settlements. (147a) Art. 114. If the donations are onerous, the amount of the charges shall be
borne by the exclusive property of the donee spouse, whenever they have
Section 2. Exclusive Property of Each Spouse been advanced by the conjugal partnership of gains. (151a)
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; Art. 115. Retirement benefits, pensions, annuities, gratuities, usufructs
(2) That which each acquires during the marriage by gratuitous title; and similar benefits shall be governed by the rules on gratuitous or
onerous acquisitions as may be proper in each case. (n)
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Section 3. Conjugal Partnership Property Art. 119. Whenever an amount or credit payable within a period of time
Art. 116. All property acquired during the marriage, whether the belongs to one of the spouses, the sums which may be collected during
acquisition appears to have been made, contracted or registered in the the marriage in partial payments or by installments on the principal shall
name of one or both spouses, is presumed to be conjugal unless the be the exclusive property of the spouse. However, interests falling due
contrary is proved. (160a) during the marriage on the principal shall belong to the conjugal
partnership. (156a, 157a)
Art. 117. The following are conjugal partnership properties:
(1) Those acquired by onerous title during the marriage at the expense of Art. 120. The ownership of improvements, whether for utility or
the common fund, whether the acquisition be for the partnership, or for adornment, made on the separate property of the spouses at the expense
only one of the spouses; of the partnership or through the acts or efforts of either or both spouses
shall pertain to the conjugal partnership, or to the original owner-spouse,
(2) Those obtained from the labor, industry, work or profession of either
subject to the following rules:
or both of the spouses;
When the cost of the improvement made by the conjugal
(3) The fruits, natural, industrial, or civil, due or received during the
partnership and any resulting increase in value are more than the value of
marriage from the common property, as well as the net fruits from the
the property at the time of the improvement, the entire property of one
exclusive property of each spouse;
of the spouses shall belong to the conjugal partnership, subject to
(4) The share of either spouse in the hidden treasure which the law reimbursement of the value of the property of the owner-spouse at the
awards to the finder or owner of the property where the treasure is time of the improvement; otherwise, said property shall be retained in
found; ownership by the owner-spouse, likewise subject to reimbursement of
(5) Those acquired through occupation such as fishing or hunting; the cost of the improvement.
(6) Livestock existing upon the dissolution of the partnership in excess of In either case, the ownership of the entire property shall be
the number of each kind brought to the marriage by either spouse; and vested upon the reimbursement, which shall be made at the time of the
(7) Those which are acquired by chance, such as winnings from gambling liquidation of the conjugal partnership. (158a)
or betting. However, losses therefrom shall be borne exclusively by the
loser-spouse. (153a, 154a, 155, 159) Section 4. Charges Upon and Obligations of the Conjugal Partnership
Art. 121. The conjugal partnership shall be liable for:
Art. 118. Property bought on installments paid partly from exclusive (1) The support of the spouse, their common children, and the legitimate
funds of either or both spouses and partly from conjugal funds belongs children of either spouse; however, the support of illegitimate children
to the buyer or buyers if full ownership was vested before the marriage shall be governed by the provisions of this Code on Support;
and to the conjugal partnership if such ownership was vested during the
(2) All debts and obligations contracted during the marriage by the
marriage. In either case, any amount advanced by the partnership or by
designated administrator-spouse for the benefit of the conjugal
either or both spouses shall be reimbursed by the owner or owners upon
partnership of gains, or by both spouses or by one of them with the
liquidation of the partnership. (n)
consent of the other;
(3) Debts and obligations contracted by either spouse without the
consent of the other to the extent that the family may have benefited;
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(4) All taxes, liens, charges, and expenses, including major or minor Art. 123. Whatever may be lost during the marriage in any game of
repairs upon the conjugal partnership property; chance or in betting, sweepstakes, or any other kind of gambling whether
(5) All taxes and expenses for mere preservation made during the permitted or prohibited by law, shall be borne by the loser and shall not
marriage upon the separate property of either spouse; be charged to the conjugal partnership but any winnings therefrom shall
(6) Expenses to enable either spouse to commence or complete a form part of the conjugal partnership property. (164a)
professional, vocational, or other activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as they have redounded to Section 5. Administration of the Conjugal Partnership Property
the benefit of the family; Art. 124. The administration and enjoyment of the conjugal partnership
(8) The value of what is donated or promised by both spouses in favor of shall belong to both spouses jointly. In case of disagreement, the
their common legitimate children for the exclusive purpose of husband's decision shall prevail, subject to recourse to the court by the
commencing or completing a professional or vocational course or other wife for proper remedy, which must be availed of within five years from
activity for self-improvement; and the date of the contract implementing such decision.
(9) Expenses of litigation between the spouses unless the suit is found to In the event that one spouse is incapacitated or otherwise unable
groundless. to participate in the administration of the conjugal properties, the other
If the conjugal partnership is insufficient to cover the foregoing spouse may assume sole powers of administration. These powers do not
liabilities, the spouses shall be solidarily liable for the unpaid balance with include disposition or encumbrance without authority of the court or the
their separate properties. (161a) written consent of the other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be void. However, the
transaction shall be construed as a continuing offer on the part of the
Art. 122. The payment of personal debts contracted by the husband or consenting spouse and the third person, and may be perfected as a
the wife before or during the marriage shall not be charged to the binding contract upon the acceptance by the other spouse or
conjugal properties partnership except insofar as they redounded to the authorization by the court before the offer is withdrawn by either or both
benefit of the family. offerors. (165a)
Neither shall the fines and pecuniary indemnities imposed upon
them be charged to the partnership.
Art. 125. Neither spouse may donate any conjugal partnership property
However, the payment of personal debts contracted by either without the consent of the other. However, either spouse may, without
spouse before the marriage, that of fines and indemnities imposed upon the consent of the other, make moderate donations from the conjugal
them, as well as the support of illegitimate children of either spouse, may partnership property for charity or on occasions of family rejoicing or
be enforced against the partnership assets after the responsibilities family distress. (174a)
enumerated in the preceding Article have been covered, if the spouse
who is bound should have no exclusive property or if it should be
insufficient; but at the time of the liquidation of the partnership, such Section 6. Dissolution of Conjugal Partnership Regime
spouse shall be charged for what has been paid for the purpose above- Art. 126. The conjugal partnership terminates:
mentioned. (163a) (1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void; or
Page 18 of 35
(4) In case of judicial separation of property during the marriage under (1) An inventory shall be prepared, listing separately all the properties of
Articles 134 to 138. (175a) the conjugal partnership and the exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in payment of
Art. 127. The separation in fact between husband and wife shall not personal debts and obligations of either spouse shall be credited to the
affect the regime of conjugal partnership, except that: conjugal partnership as an asset thereof.
(1) The spouse who leaves the conjugal home or refuses to live therein, (3) Each spouse shall be reimbursed for the use of his or her exclusive
without just cause, shall not have the right to be supported; funds in the acquisition of property or for the value of his or her
(2) When the consent of one spouse to any transaction of the other is exclusive property, the ownership of which has been vested by law in the
required by law, judicial authorization shall be obtained in a summary conjugal partnership.
proceeding; (4) The debts and obligations of the conjugal partnership shall be paid
(3) In the absence of sufficient conjugal partnership property, the out of the conjugal assets. In case of insufficiency of said assets, the
separate property of both spouses shall be solidarily liable for the support spouses shall be solidarily liable for the unpaid balance with their separate
of the family. The spouse present shall, upon petition in a summary properties, in accordance with the provisions of paragraph (2) of Article
proceeding, be given judicial authority to administer or encumber any 121.
specific separate property of the other spouse and use the fruits or (5) Whatever remains of the exclusive properties of the spouses shall
proceeds thereof to satisfy the latter's share. (178a) thereafter be delivered to each of them.
(6) Unless the owner had been indemnified from whatever source, the
Art. 128. If a spouse without just cause abandons the other or fails to loss or deterioration of movables used for the benefit of the family,
comply with his or her obligation to the family, the aggrieved spouse may belonging to either spouse, even due to fortuitous event, shall be paid to
petition the court for receivership, for judicial separation of property, or said spouse from the conjugal funds, if any.
for authority to be the sole administrator of the conjugal partnership (7) The net remainder of the conjugal partnership properties shall
property, subject to such precautionary conditions as the court may constitute the profits, which shall be divided equally between husband
impose. and wife, unless a different proportion or division was agreed upon in the
The obligations to the family mentioned in the preceding marriage settlements or unless there has been a voluntary waiver or
paragraph refer to marital, parental or property relations. forfeiture of such share as provided in this Code.
A spouse is deemed to have abandoned the other when he or she (8) The presumptive legitimes of the common children shall be delivered
has left the conjugal dwelling without intention of returning. The spouse upon the partition in accordance with Article 51.
who has left the conjugal dwelling for a period of three months or has (9) In the partition of the properties, the conjugal dwelling and the lot on
failed within the same period to give any information as to his or her which it is situated shall, unless otherwise agreed upon by the parties, be
whereabouts shall be prima facie presumed to have no intention of adjudicated to the spouse with whom the majority of the common
returning to the conjugal dwelling. (167a, 191a) children choose to remain. Children below the age of seven years are
deemed to have chosen the mother, unless the court has decided
Section 7. Liquidation of the Conjugal Partnership Assets and Liabilities otherwise. In case there is no such majority, the court shall decide, taking
into consideration the best interests of said children. (181a, 182a, 183a,
Art. 129. Upon the dissolution of the conjugal partnership regime, the
following procedure shall apply:
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184a, 185a) Chapter 5. Separation of Property of the Spouses and
Administration of Common Property by One Spouse During the
Art. 130. Upon the termination of the marriage by death, the conjugal Marriage
partnership property shall be liquidated in the same proceeding for the
settlement of the estate of the deceased. Art. 134. In the absence of an express declaration in the marriage
If no judicial settlement proceeding is instituted, the surviving settlements, the separation of property between spouses during the
spouse shall liquidate the conjugal partnership property either judicially marriage shall not take place except by judicial order. Such judicial
or extra-judicially within six months from the death of the deceased separation of property may either be voluntary or for sufficient cause.
spouse. If upon the lapse of the six-month period no liquidation is made, (190a)
any disposition or encumbrance involving the conjugal partnership
property of the terminated marriage shall be void. Art. 135. Any of the following shall be considered sufficient cause for
Should the surviving spouse contract a subsequent marriage judicial separation of property:
without compliance with the foregoing requirements, a mandatory regime (1) That the spouse of the petitioner has been sentenced to a penalty
of complete separation of property shall govern the property relations of which carries with it civil interdiction;
the subsequent marriage. (n) (2) That the spouse of the petitioner has been judicially declared an
absentee;
Art. 131. Whenever the liquidation of the conjugal partnership properties (3) That loss of parental authority of the spouse of petitioner has been
of two or more marriages contracted by the same person before the decreed by the court;
effectivity of this Code is carried out simultaneously, the respective (4) That the spouse of the petitioner has abandoned the latter or failed to
capital, fruits and income of each partnership shall be determined upon comply with his or her obligations to the family as provided for in Article
such proof as may be considered according to the rules of evidence. In 101;
case of doubt as to which partnership the existing properties belong, the
same shall be divided between the different partnerships in proportion to (5) That the spouse granted the power of administration in the marriage
the capital and duration of each. (189a) settlements has abused that power; and
(6) That at the time of the petition, the spouses have been separated in
fact for at least one year and reconciliation is highly improbable.
Art. 132. The Rules of Court on the administration of estates of deceased
persons shall be observed in the appraisal and sale of property of the In the cases provided for in Numbers (1), (2) and (3), the presentation of
conjugal partnership, and other matters which are not expressly the final judgment against the guilty or absent spouse shall be enough
determined in this Chapter. (187a) basis for the grant of the decree of judicial separation of property. (191a)
Art. 133. From the common mass of property support shall be given to Art. 136. The spouses may jointly file a verified petition with the court
the surviving spouse and to the children during the liquidation of the for the voluntary dissolution of the absolute community or the conjugal
inventoried property and until what belongs to them is delivered; but partnership of gains, and for the separation of their common properties.
from this shall be deducted that amount received for support which All creditors of the absolute community or of the conjugal partnership of
exceeds the fruits or rents pertaining to them. (188a) gains, as well as the personal creditors of the spouse, shall be listed in the
Page 20 of 35
petition and notified of the filing thereof. The court shall take measures (6) When the spouses who have separated in fact for at least one year,
to protect the creditors and other persons with pecuniary interest. (191a) reconcile and resume common life; or
(7) When after voluntary dissolution of the absolute community of
Art. 137. Once the separation of property has been decreed, the absolute property or conjugal partnership has been judicially decreed upon the
community or the conjugal partnership of gains shall be liquidated in joint petition of the spouses, they agree to the revival of the former
conformity with this Code. property regime. No voluntary separation of property may thereafter be
During the pendency of the proceedings for separation of property, the granted.
absolute community or the conjugal partnership shall pay for the support The revival of the former property regime shall be governed by Article
of the spouses and their children. (192a) 67. (195a)
Art. 138. After dissolution of the absolute community or of the conjugal Art. 142. The administration of all classes of exclusive property of either
partnership, the provisions on complete separation of property shall spouse may be transferred by the court to the other spouse:
apply. (191a) (1) When one spouse becomes the guardian of the other;
(2) When one spouse is judicially declared an absentee;
Art. 139. The petition for separation of property and the final judgment (3) When one spouse is sentenced to a penalty which carries with it civil
granting the same shall be recorded in the proper local civil registries and interdiction; or
registries of property. (193a) (4) When one spouse becomes a fugitive from justice or is in hiding as an
accused in a criminal case.
Art. 140. The separation of property shall not prejudice the rights If the other spouse is not qualified by reason of incompetence, conflict
previously acquired by creditors. (194a) of interest, or any other just cause, the court shall appoint a suitable
person to be the administrator. (n)
Art. 141. The spouses may, in the same proceedings where separation of
property was decreed, file a motion in court for a decree reviving the Chapter 6. Regime of Separation of Property
property regime that existed between them before the separation of
property in any of the following instances: Art. 143. Should the future spouses agree in the marriage settlements that
(1) When the civil interdiction terminates; their property relations during marriage shall be governed by the regime
(2) When the absentee spouse reappears; of separation of property, the provisions of this Chapter shall be
(3) When the court, being satisfied that the spouse granted the power of suppletory. (212a)
administration in the marriage settlements will not again abuse that
power, authorizes the resumption of said administration; Art. 144. Separation of property may refer to present or future property
(4) When the spouse who has left the conjugal home without a decree of or both. It may be total or partial. In the latter case, the property not
legal separation resumes common life with the other; agreed upon as separate shall pertain to the absolute community. (213a)
(5) When parental authority is judicially restored to the spouse previously
deprived thereof;
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Art. 145. Each spouse shall own, dispose of, possess, administer and favor of their common children. In case of default of or waiver by any or
enjoy his or her own separate estate, without need of the consent of the all of the common children or their descendants, each vacant share shall
other. To each spouse shall belong all earnings from his or her belong to the respective surviving descendants. In the absence of
profession, business or industry and all fruits, natural, industrial or civil, descendants, such share shall belong to the innocent party. In all cases,
due or received during the marriage from his or her separate property. the forfeiture shall take place upon termination of the cohabitation.
(214a) (144a)
Art. 146. Both spouses shall bear the family expenses in proportion to Art. 148. In cases of cohabitation not falling under the preceding Article,
their income, or, in case of insufficiency or default thereof, to the current only the properties acquired by both of the parties through their actual
market value of their separate properties.chan robles virtual law library joint contribution of money, property, or industry shall be owned by
The liabilities of the spouses to creditors for family expenses shall, them in common in proportion to their respective contributions. In the
however, be solidary. (215a) absence of proof to the contrary, their contributions and corresponding
shares are presumed to be equal. The same rule and presumption shall
apply to joint deposits of money and evidences of credit.
Chapter 7. Property Regime of Unions Without Marriage
If one of the parties is validly married to another, his or her share in the
co-ownership shall accrue to the absolute community or conjugal
Art. 147. When a man and a woman who are capacitated to marry each partnership existing in such valid marriage. If the party who acted in bad
other, live exclusively with each other as husband and wife without the faith is not validly married to another, his or her shall be forfeited in the
benefit of marriage or under a void marriage, their wages and salaries manner provided in the last paragraph of the preceding Article.
shall be owned by them in equal shares and the property acquired by
The foregoing rules on forfeiture shall likewise apply even if both parties
both of them through their work or industry shall be governed by the
are in bad faith. (144a)
rules on co-ownership.
TITLE V: THE FAMILY
In the absence of proof to the contrary, properties acquired while they
lived together shall be presumed to have been obtained by their joint Chapter 1. The Family as an Institution
efforts, work or industry, and shall be owned by them in equal shares.
For purposes of this Article, a party who did not participate in the Art. 149. The family, being the foundation of the nation, is a basic social
acquisition by the other party of any property shall be deemed to have institution which public policy cherishes and protects. Consequently,
contributed jointly in the acquisition thereof if the former's efforts family relations are governed by law and no custom, practice or
consisted in the care and maintenance of the family and of the agreement destructive of the family shall be recognized or given effect.
household. (216a, 218a)
Neither party can encumber or dispose by acts inter vivos of his or her
share in the property acquired during cohabitation and owned in Art. 150. Family relations include those:
common, without the consent of the other, until after the termination of (1) Between husband and wife;
their cohabitation. (2) Between parents and children;
When only one of the parties to a void marriage is in good faith, the (3) Among brothers and sisters, whether of the full or half-blood. (217a)
share of the party in bad faith in the co-ownership shall be forfeited in
Page 22 of 35
Art. 151. No suit between members of the same family shall prosper (3) For debts secured by mortgages on the premises before or after such
unless it should appear from the verified complaint or petition that constitution; and
earnest efforts toward a compromise have been made, but that the same (4) For debts due to laborers, mechanics, architects, builders,
have failed. If it is shown that no such efforts were in fact made, the materialmen and others who have rendered service or furnished material
same case must be dismissed. for the construction of the building. (243a)
This rules shall not apply to cases which may not be the subject of
compromise under the Civil Code. (222a) 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
Chapter 2. The Family Home either spouse with the latter's consent. It may also be constituted by an
unmarried head of a family on his or her own property.
Art. 152. The family home, constituted jointly by the husband and the Nevertheless, property that is the subject of a conditional sale on
wife or by an unmarried head of a family, is the dwelling house where installments where ownership is reserved by the vendor only to guarantee
they and their family reside, and the land on which it is situated. (223a) payment of the purchase price may be constituted as a family home.
(227a, 228a)
Art. 153. The family home is deemed constituted on a house and lot
from the time it is occupied as a family residence. From the time of its Art. 157. The actual value of the family home shall not exceed, at the
constitution and so long as any of its beneficiaries actually resides therein, time of its constitution, the amount of the three hundred thousand pesos
the family home continues to be such and is exempt from execution, in urban areas, and two hundred thousand pesos in rural areas, or such
forced sale or attachment except as hereinafter provided and to the amounts as may hereafter be fixed by law.
extent of the value allowed by law. (223a) In any event, if the value of the currency changes after the adoption of
this Code, the value most favorable for the constitution of a family home
Art. 154. The beneficiaries of a family home are: shall be the basis of evaluation.
(1) The husband and wife, or an unmarried person who is the head of a For purposes of this Article, urban areas are deemed to include chartered
family; and cities and municipalities whose annual income at least equals that legally
required for chartered cities. All others are deemed to be rural areas.
(2) Their parents, ascendants, descendants, brothers and sisters, whether
(231a)
the relationship be legitimate or illegitimate, who are living in the family
home and who depend upon the head of the family for legal support.
(226a) Art. 158. The family home may be sold, alienated, donated, assigned or
encumbered by the owner or owners thereof with the written consent of
the person constituting the same, the latter's spouse, and a majority of
Art. 155. The family home shall be exempt from execution, forced sale or
the beneficiaries of legal age. In case of conflict, the court shall decide.
attachment except:
(235a)
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
Art. 159. The family home shall continue despite the death of one or
both spouses or of the unmarried head of the family for a period of ten
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years or for as long as there is a minor beneficiary, and the heirs cannot Art. 164. Children conceived or born during the marriage of the parents
partition the same unless the court finds compelling reasons therefor. are legitimate.
This rule shall apply regardless of whoever owns the property or Children conceived as a result of artificial insemination of the wife with
constituted the family home. (238a) the sperm of the husband or that of a donor or both are likewise
legitimate children of the husband and his wife, provided, that both of
Art. 160. When a creditor whose claims is not among those mentioned in them authorized or ratified such insemination in a written instrument
Article 155 obtains a judgment in his favor, and he has reasonable executed and signed by them before the birth of the child. The
grounds to believe that the family home is actually worth more than the instrument shall be recorded in the civil registry together with the birth
maximum amount fixed in Article 157, he may apply to the court which certificate of the child. (55a, 258a)
rendered the judgment for an order directing the sale of the property
under execution. The court shall so order if it finds that the actual value Art. 165. Children conceived and born outside a valid marriage are
of the family home exceeds the maximum amount allowed by law as of illegitimate, unless otherwise provided in this Code. (n)
the time of its constitution. If the increased actual value exceeds the
maximum allowed in Article 157 and results from subsequent voluntary Art. 166. Legitimacy of a child may be impugned only on the following
improvements introduced by the person or persons constituting the grounds:
family home, by the owner or owners of the property, or by any of the
beneficiaries, the same rule and procedure shall apply. (1) That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days which
At the execution sale, no bid below the value allowed for a family home immediately preceded the birth of the child because of:
shall be considered. The proceeds shall be applied first to the amount
mentioned in Article 157, and then to the liabilities under the judgment (a) the physical incapacity of the husband to have sexual intercourse with
and the costs. The excess, if any, shall be delivered to the judgment his wife;
debtor. (247a, 248a) (b) the fact that the husband and wife were living separately in such a way
that sexual intercourse was not possible; or
Art. 161. For purposes of availing of the benefits of a family home as (c) serious illness of the husband, which absolutely prevented sexual
provided for in this Chapter, a person may constitute, or be the intercourse;
beneficiary of, only one family home. (n) (2) That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the instance
provided in the second paragraph of Article 164; or
Art. 162. The provisions in this Chapter shall also govern existing family
residences insofar as said provisions are applicable. (n) (3) That in case of children conceived through artificial insemination, the
written authorization or ratification of either parent was obtained
through mistake, fraud, violence, intimidation, or undue influence. (255a)
TITLE VI: PATERNITY AND FILIATION
Chapter 1. Legitimate Children Art. 167. The child shall be considered legitimate although the mother
may have declared against its legitimacy or may have been sentenced as
Art. 163. The filiation of children may be by nature or by adoption. an adulteress. (256a)
Natural filiation may be legitimate or illegitimate. (n)
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Art. 168. If the marriage is terminated and the mother contracted another (2) If he should die after the filing of the complaint without having
marriage within three hundred days after such termination of the former desisted therefrom; or
marriage, these rules shall govern in the absence of proof to the contrary: (3) If the child was born after the death of the husband. (262a)
(1) A child born before one hundred eighty days after the solemnization
of the subsequent marriage is considered to have been conceived during Chapter 2. Proof of Filiation
the former marriage, provided it be born within three hundred days after
the termination of the former marriage;
(2) A child born after one hundred eighty days following the celebration Art. 172. The filiation of legitimate children is established by any of the
of the subsequent marriage is considered to have been conceived during following:
such marriage, even though it be born within the three hundred days (1) The record of birth appearing in the civil register or a final judgment;
after the termination of the former marriage. (259a) or
(2) An admission of legitimate filiation in a public document or a private
Art. 169. The legitimacy or illegitimacy of a child born after three handwritten instrument and signed by the parent concerned.
hundred days following the termination of the marriage shall be proved In the absence of the foregoing evidence, the legitimate filiation shall be
by whoever alleges such legitimacy or illegitimacy. (261a) proved by:
(1) The open and continuous possession of the status of a legitimate
Art. 170. The action to impugn the legitimacy of the child shall be child; or
brought within one year from the knowledge of the birth or its recording (2) Any other means allowed by the Rules of Court and special laws.
in the civil register, if the husband or, in a proper case, any of his heirs, (265a, 266a, 267a)
should reside in the city or municipality where the birth took place or was
recorded. Art. 173. The action to claim legitimacy may be brought by the child
If the husband or, in his default, all of his heirs do not reside at the place during his or her lifetime and shall be transmitted to the heirs should the
of birth as defined in the first paragraph or where it was recorded, the child die during minority or in a state of insanity. In these cases, the heirs
period shall be two years if they should reside in the Philippines; and shall have a period of five years within which to institute the action.
three years if abroad. If the birth of the child has been concealed from or
was unknown to the husband or his heirs, the period shall be counted Art. 174. Legitimate children shall have the right:
from the discovery or knowledge of the birth of the child or of the fact
(1) To bear the surnames of the father and the mother, in conformity
of registration of said birth, whichever is earlier. (263a)
with the provisions of the Civil Code on Surnames;
(2) To receive support from their parents, their ascendants, and in proper
Art. 171. The heirs of the husband may impugn the filiation of the child cases, their brothers and sisters, in conformity with the provisions of this
within the period prescribed in the preceding article only in the following Code on Support; and
cases:
(3) To be entitled to the legitimate and other successional rights granted
(1) If the husband should died before the expiration of the period fixed to them by the Civil Code. (264a)
for bringing his action;
Chapter 3. Illegitimate Children
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Art. 175. Illegitimate children may establish their illegitimate filiation in Art. 182. Legitimation may be impugned only by those who are
the same way and on the same evidence as legitimate children. prejudiced in their rights, within five years from the time their cause of
The action must be brought within the same period specified in Article action accrues. (275a)
173, except when the action is based on the second paragraph of Article
172, in which case the action may be brought during the lifetime of the TITLE VII: ADOPTION
alleged parent. (289a)
Art. 183. A person of age and in possession of full civil capacity and legal
Art. 176. Illegitimate children shall use the surname and shall be under rights may adopt, provided he is in a position to support and care for his
the parental authority of their mother, and shall be entitled to support in children, legitimate or illegitimate, in keeping with the means of the
conformity with this Code. The legitime of each illegitimate child shall family.
consist of one-half of the legitime of a legitimate child. Except for this Only minors may be adopted, except in the cases when the adoption of a
modification, all other provisions in the Civil Code governing person of majority age is allowed in this Title.
successional rights shall remain in force. (287a) In addition, the adopter must be at least sixteen years older than the
person to be adopted, unless the adopter is the parent by nature of the
Chapter 4. Legitimated Children adopted, or is the spouse of the legitimate parent of the person to be
adopted. (27a, E. O. 91 and PD 603)
Art. 177. Only children conceived and born outside of wedlock of
parents who, at the time of the conception of the former, were not Art. 184. The following persons may not adopt:
disqualified by any impediment to marry each other may be legitimated. (1) The guardian with respect to the ward prior to the approval of the
(269a) final accounts rendered upon the termination of their guardianship
relation;
Art. 178. Legitimation shall take place by a subsequent valid marriage (2) Any person who has been convicted of a crime involving moral
between parents. The annulment of a voidable marriage shall not affect turpitude;
the legitimation. (270a) chan robles virtual law library (3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a relative by
Art. 179. Legitimated children shall enjoy the same rights as legitimate consanguinity;
children. (272a) (b) One who seeks to adopt the legitimate child of his or her Filipino
spouse; or
Art. 180. The effects of legitimation shall retroact to the time of the (c) One who is married to a Filipino citizen and seeks to adopt jointly
child's birth. (273a) with his or her spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino
Art. 181. The legitimation of children who died before the celebration of children in accordance with the rules on inter-country adoptions as may
the marriage shall benefit their descendants. (274) be provided by law. (28a, E. O. 91 and PD 603)
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Art. 185. Husband and wife must jointly adopt, except in the following (1) For civil purposes, the adopted shall be deemed to be a legitimate
cases: child of the adopters and both shall acquire the reciprocal rights and
(1) When one spouse seeks to adopt his own illegitimate child; or obligations arising from the relationship of parent and child, including
(2) When one spouse seeks to adopt the legitimate child of the other. the right of the adopted to use the surname of the adopters;
(29a, E. O. 91 and PD 603) (2) The parental authority of the parents by nature over the adopted shall
terminate and be vested in the adopters, except that if the adopter is the
spouse of the parent by nature of the adopted, parental authority over the
Art. 186. In case husband and wife jointly adopt or one spouse adopts
adopted shall be exercised jointly by both spouses; and
the legitimate child of the other, joint parental authority shall be exercised
by the spouses in accordance with this Code. (29a, E. O. and PD 603) (3) The adopted shall remain an intestate heir of his parents and other
blood relatives. (39(1)a, (3)a, PD 603)
Art. 187. The following may not be adopted:
Art. 190. Legal or intestate succession to the estate of the adopted shall
(1) A person of legal age, unless he or she is a child by nature of the
be governed by the following rules:
adopter or his or her spouse, or, prior to the adoption, said person has
been consistently considered and treated by the adopter as his or her own (1) Legitimate and illegitimate children and descendants and the surviving
child during minority. spouse of the adopted shall inherit from the adopted, in accordance with
the ordinary rules of legal or intestate succession;
(2) An alien with whose government the Republic of the Philippines has
no diplomatic relations; and (2) When the parents, legitimate or illegitimate, or the legitimate
ascendants of the adopted concur with the adopter, they shall divide the
(3) A person who has already been adopted unless such adoption has
entire estate, one-half to be inherited by the parents or ascendants and
been previously revoked or rescinded. (30a, E. O. 91 and PD 603)
the other half, by the adopters;
(3) When the surviving spouse or the illegitimate children of the adopted
Art. 188. The written consent of the following to the adoption shall be concur with the adopters, they shall divide the entire estate in equal
necessary: shares, one-half to be inherited by the spouse or the illegitimate children
(1) The person to be adopted, if ten years of age or over, of the adopted and the other half, by the adopters.
(2) The parents by nature of the child, the legal guardian, or the proper (4) When the adopters concur with the illegitimate children and the
government instrumentality; surviving spouse of the adopted, they shall divide the entire estate in
(3) The legitimate and adopted children, ten years of age or over, of the equal shares, one-third to be inherited by the illegitimate children, one-
adopting parent or parents; third by the surviving spouse, and one-third by the adopters;
(4) The illegitimate children, ten years of age or over, of the adopting (5) When only the adopters survive, they shall inherit the entire estate;
parent, if living with said parent and the latter's spouse, if any; and and
(5) The spouse, if any, of the person adopting or to be adopted. (31a, E. (6) When only collateral blood relatives of the adopted survive, then the
O. 91 and PD 603) ordinary rules of legal or intestate succession shall apply. (39(4)a, PD 603)
Art. 189. Adoption shall have the following effects: Art. 191. If the adopted is a minor or otherwise incapacitated, the
adoption may be judicially rescinded upon petition of any person
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authorized by the court or proper government instrumental acting on his The education of the person entitled to be supported referred to in the
behalf, on the same grounds prescribed for loss or suspension of parental preceding paragraph shall include his schooling or training for some
authority. If the adopted is at least eighteen years of age, he may petition profession, trade or vocation, even beyond the age of majority.
for judicial rescission of the adoption on the same grounds prescribed for Transportation shall include expenses in going to and from school, or to
disinheriting an ascendant. (40a, PD 603) and from place of work. (290a)
Art. 192. The adopters may petition the court for the judicial rescission Art. 195. Subject to the provisions of the succeeding articles, the
of the adoption in any of the following cases: following are obliged to support each other to the whole extent set forth
(1) If the adopted has committed any act constituting ground for in the preceding article:
disinheriting a descendant; or (1) The spouses;
(2) When the adopted has abandoned the home of the adopters during (2) Legitimate ascendants and descendants;
minority for at least one year, or, by some other acts, has definitely (3) Parents and their legitimate children and the legitimate and illegitimate
repudiated the adoption. (41a, PD 603) children of the latter;
(4) Parents and their illegitimate children and the legitimate and
Art. 193. If the adopted minor has not reached the age of majority at the illegitimate children of the latter; and
time of the judicial rescission of the adoption, the court in the same (5) Legitimate brothers and sisters, whether of full or half-blood (291a)
proceeding shall reinstate the parental authority of the parents by nature,
unless the latter are disqualified or incapacitated, in which case the court Art. 196. Brothers and sisters not legitimately related, whether of the full
shall appoint a guardian over the person and property of the minor. If
or half-blood, are likewise bound to support each other to the full extent
the adopted person is physically or mentally handicapped, the court shall set forth in Article 194, except only when the need for support of the
appoint in the same proceeding a guardian over his person or property or brother or sister, being of age, is due to a cause imputable to the
both. claimant's fault or negligence. (291a)
Judicial rescission of the adoption shall extinguish all reciprocal rights
and obligations between the adopters and the adopted arising from the
relationship of parent and child. The adopted shall likewise lose the right Art. 197. In case of legitimate ascendants; descendants, whether
to use the surnames of the adopters and shall resume his surname prior legitimate or illegitimate; and brothers and sisters, whether legitimately or
to the adoption. illegitimately related, only the separate property of the person obliged to
give support shall be answerable provided that in case the obligor has no
The court shall accordingly order the amendment of the records in the separate property, the absolute community or the conjugal partnership, if
proper registries. (42a, PD 603) financially capable, shall advance the support, which shall be deducted
from the share of the spouse obliged upon the liquidation of the absolute
TITLE VIII: SUPPORT community or of the conjugal partnership. (n)
Art. 194. Support comprises everything indispensable for sustenance, Art. 198. During the proceedings for legal separation or for annulment of
dwelling, clothing, medical attendance, education and transportation, in marriage, and for declaration of nullity of marriage, the spouses and their
keeping with the financial capacity of the family. children shall be supported from the properties of the absolute
Page 28 of 35
community or the conjugal partnership. After the final judgment granting increase of the necessities of the recipient and the resources or means of
the petition, the obligation of mutual support between the spouses the person obliged to furnish the same. (297a) chan robles virtual law
ceases. However, in case of legal separation, the court may order that the library
guilty spouse shall give support to the innocent one, specifying the terms
of such order. (292a) Art. 203. The obligation to give support shall be demandable from the
time the person who has a right to receive the same needs it for
Art. 199. Whenever two or more persons are obliged to give support, the maintenance, but it shall not be paid except from the date of judicial or
liability shall devolve upon the following persons in the order herein extra-judicial demand.
provided: Support pendente lite may be claimed in accordance with the Rules of
(1) The spouse; Court.
(2) The descendants in the nearest degree; Payment shall be made within the first five days of each corresponding
(3) The ascendants in the nearest degree; and month or when the recipient dies, his heirs shall not be obliged to return
(4) The brothers and sisters. (294a) what he has received in advance. (298a)
Art. 200. When the obligation to give support falls upon two or more Art. 204. The person obliged to give support shall have the option to
persons, the payment of the same shall be divided between them in fulfill the obligation either by paying the allowance fixed, or by receiving
proportion to the resources of each. and maintaining in the family dwelling the person who has a right to
receive support. The latter alternative cannot be availed of in case there is
However, in case of urgent need and by special circumstances, the judge
a moral or legal obstacle thereto. (299a)
may order only one of them to furnish the support provisionally, without
prejudice to his right to claim from the other obligors the share due from
them. Art. 205. The right to receive support under this Title as well as any
When two or more recipients at the same time claim support from one money or property obtained as such support shall not be levied upon on
and the same person legally obliged to give it, should the latter not have attachment or execution. (302a)
sufficient means to satisfy all claims, the order established in the
preceding article shall be followed, unless the concurrent obligees should Art. 206. When, without the knowledge of the person obliged to give
be the spouse and a child subject to parental authority, in which case the support, it is given by a stranger, the latter shall have a right to claim the
child shall be preferred. (295a) same from the former, unless it appears that he gave it without intention
of being reimbursed. (2164a)
Art. 201. The amount of support, in the cases referred to in Articles 195
and 196, shall be in proportion to the resources or means of the giver Art. 207. When the person obliged to support another unjustly refuses or
and to the necessities of the recipient. (296a) fails to give support when urgently needed by the latter, any third person
may furnish support to the needy individual, with right of reimbursement
Art. 202. Support in the cases referred to in the preceding article shall be from the person obliged to give support. This Article shall particularly
reduced or increased proportionately, according to the reduction or apply when the father or mother of a child under the age of majority
Page 29 of 35
unjustly refuses to support or fails to give support to the child when unless the court appoints another person to be the guardian of the
urgently needed. (2166a) person or property of the children. (n)
Art. 208. In case of contractual support or that given by will, the excess Art. 213. In case of separation of the parents, parental authority shall be
in amount beyond that required for legal support shall be subject to levy exercised by the parent designated by the Court. The Court shall take
on attachment or execution. into account all relevant considerations, especially the choice of the child
Furthermore, contractual support shall be subject to adjustment over seven years of age, unless the parent chosen is unfit. (n)
whenever modification is necessary due to changes of circumstances
manifestly beyond the contemplation of the parties. (n) Art. 214. In case of death, absence or unsuitability of the parents,
substitute parental authority shall be exercised by the surviving
TITLE IX: PARENTAL AUTHORITY grandparent. In case several survive, the one designated by the court,
Chapter 1. General Provisions taking into account the same consideration mentioned in the preceding
article, shall exercise the authority. (355a)
Art. 209. Pursuant to the natural right and duty of parents over the
person and property of their unemancipated children, parental authority Art. 215. No descendant shall be compelled, in a criminal case, to testify
and responsibility shall include the caring for and rearing them for civic against his parents and grandparents, except when such testimony is
consciousness and efficiency and the development of their moral, mental indispensable in a crime against the descendant or by one parent against
and physical character and well-being. (n) the other. (315a)
Art. 210. Parental authority and responsibility may not be renounced or Chapter 2. Substitute and Special Parental Authority
transferred except in the cases authorized by law. (313a)
Art. 216. In default of parents or a judicially appointed guardian, the
Art. 211. The father and the mother shall jointly exercise parental following person shall exercise substitute parental authority over the child
authority over the persons of their common children. In case of in the order indicated:
disagreement, the father's decision shall prevail, unless there is a judicial (1) The surviving grandparent, as provided in Art. 214;
order to the contrary. (2) The oldest brother or sister, over twenty-one years of age, unless unfit
Children shall always observe respect and reverence towards their parents or disqualified; and
and are obliged to obey them as long as the children are under parental (3) The child's actual custodian, over twenty-one years of age, unless unfit
authority. (311a) chan robles virtual law library or disqualified.
Whenever the appointment or a judicial guardian over the property of
Art. 212. In case of absence or death of either parent, the parent present the child becomes necessary, the same order of preference shall be
shall continue exercising parental authority. The remarriage of the observed. (349a, 351a, 354a)
surviving parent shall not affect the parental authority over the children,
Page 30 of 35
Art. 217. In case of foundlings, abandoned neglected or abused children (2) To give them love and affection, advice and counsel, companionship
and other children similarly situated, parental authority shall be entrusted and understanding;
in summary judicial proceedings to heads of children's homes, (3) To provide them with moral and spiritual guidance, inculcate in them
orphanages and similar institutions duly accredited by the proper honesty, integrity, self-discipline, self-reliance, industry and thrift,
government agency. (314a) stimulate their interest in civic affairs, and inspire in them compliance
with the duties of citizenship;
Art. 218. The school, its administrators and teachers, or the individual, (4) To furnish them with good and wholesome educational materials,
entity or institution engaged in child are shall have special parental supervise their activities, recreation and association with others, protect
authority and responsibility over the minor child while under their them from bad company, and prevent them from acquiring habits
supervision, instruction or custody. detrimental to their health, studies and morals;
Authority and responsibility shall apply to all authorized activities (5) To represent them in all matters affecting their interests;
whether inside or outside the premises of the school, entity or institution. (6) To demand from them respect and obedience;
(349a) (7) To impose discipline on them as may be required under the
circumstances; and
Art. 129. Those given the authority and responsibility under the (8) To perform such other duties as are imposed by law upon parents and
preceding Article shall be principally and solidarily liable for damages guardians. (316a)
caused by the acts or omissions of the unemancipated minor. The
parents, judicial guardians or the persons exercising substitute parental Art. 221. Parents and other persons exercising parental authority shall be
authority over said minor shall be subsidiarily liable. civilly liable for the injuries and damages caused by the acts or omissions
The respective liabilities of those referred to in the preceding paragraph of their unemancipated children living in their company and under their
shall not apply if it is proved that they exercised the proper diligence parental authority subject to the appropriate defenses provided by law.
required under the particular circumstances. (2180(2)a and (4)a )
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts. (n) Art. 222. The courts may appoint a guardian of the child's property or a
guardian ad litem when the best interests of the child so requires. (317)
Chapter 3. Effect of Parental Authority Upon the Persons of the
Children Art. 223. The parents or, in their absence or incapacity, the individual,
entity or institution exercising parental authority, may petition the proper
Art. 220. The parents and those exercising parental authority shall have court of the place where the child resides, for an order providing for
with the respect to their unemancipated children on wards the following disciplinary measures over the child. The child shall be entitled to the
rights and duties: assistance of counsel, either of his choice or appointed by the court, and
(1) To keep them in their company, to support, educate and instruct a summary hearing shall be conducted wherein the petitioner and the
them by right precept and good example, and to provide for their child shall be heard.
upbringing in keeping with their means; However, if in the same proceeding the court finds the petitioner at fault,
irrespective of the merits of the petition, or when the circumstances so
Page 31 of 35
warrant, the court may also order the deprivation or suspension of The ordinary rules on guardianship shall be merely suppletory except
parental authority or adopt such other measures as it may deem just and when the child is under substitute parental authority, or the guardian is a
proper. (318a) stranger, or a parent has remarried, in which case the ordinary rules on
guardianship shall apply. (320a)
Art. 224. The measures referred to in the preceding article may include
the commitment of the child for not more than thirty days in entities or Art. 226. The property of the unemancipated child earned or acquired
institutions engaged in child care or in children's homes duly accredited with his work or industry or by onerous or gratuitous title shall belong to
by the proper government agency. the child in ownership and shall be devoted exclusively to the latter's
The parent exercising parental authority shall not interfere with the care support and education, unless the title or transfer provides otherwise.
of the child whenever committed but shall provide for his support. Upon The right of the parents over the fruits and income of the child's
proper petition or at its own instance, the court may terminate the property shall be limited primarily to the child's support and secondarily
commitment of the child whenever just and proper. (391a) to the collective daily needs of the family. (321a, 323a)
Chapter 4. Effect of Parental Authority Upon the Property of the Art. 227. If the parents entrust the management or administration of any
Children of their properties to an unemancipated child, the net proceeds of such
property shall belong to the owner. The child shall be given a reasonable
Art. 225. The father and the mother shall jointly exercise legal monthly allowance in an amount not less than that which the owner
guardianship over the property of the unemancipated common child would have paid if the administrator were a stranger, unless the owner,
without the necessity of a court appointment. In case of disagreement, grants the entire proceeds to the child. In any case, the proceeds thus
the father's decision shall prevail, unless there is a judicial order to the give in whole or in part shall not be charged to the child's legitime. (322a)
contrary.
Where the market value of the property or the annual income of the Chapter 5. Suspension or Termination of Parental Authority
child exceeds P50,000, the parent concerned shall be required to furnish
a bond in such amount as the court may determine, but not less than ten Art. 228. Parental authority terminates permanently:
per centum (10%) of the value of the property or annual income, to (1) Upon the death of the parents;
guarantee the performance of the obligations prescribed for general (2) Upon the death of the child; or
guardians.
(3) Upon emancipation of the child. (327a)
A verified petition for approval of the bond shall be filed in the proper
court of the place where the child resides, or, if the child resides in a
foreign country, in the proper court of the place where the property or Art. 229. Unless subsequently revived by a final judgment, parental
any part thereof is situated. authority also terminates:
The petition shall be docketed as a summary special proceeding in which (1) Upon adoption of the child;
all incidents and issues regarding the performance of the obligations (2) Upon appointment of a general guardian;
referred to in the second paragraph of this Article shall be heard and (3) Upon judicial declaration of abandonment of the child in a case filed
resolved. for the purpose;
Page 32 of 35
(4) Upon final judgment of a competent court divesting the party Art. 233. The person exercising substitute parental authority shall have
concerned of parental authority; or the same authority over the person of the child as the parents.
(5) Upon judicial declaration of absence or incapacity of the person In no case shall the school administrator, teacher of individual engaged in
exercising parental authority. (327a) child care exercising special parental authority inflict corporal
punishment upon the child. (n)
Art. 230. Parental authority is suspended upon conviction of the parent
or the person exercising the same of a crime which carries with it the TITLE X: EMANCIPATION AND AGE OF MAJORITY
penalty of civil interdiction. The authority is automatically reinstated
upon service of the penalty or upon pardon or amnesty of the offender. Art. 234. Emancipation takes place by the attainment of majority. Unless
(330a) otherwise provided, majority commences at the age of twenty-one years.
Emancipation also takes place:
Art. 231. The court in an action filed for the purpose in a related case (1) By the marriage of the minor; or
may also suspend parental authority if the parent or the person exercising (2) By the recording in the Civil Register of an agreement in a public
the same: instrument executed by the parent exercising parental authority and the
(1) Treats the child with excessive harshness or cruelty; minor at least eighteen years of age. Such emancipation shall be
(2) Gives the child corrupting orders, counsel or example; irrevocable. (397a, 398a, 400a, 401a)
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected to acts of Art. 235. The provisions governing emancipation by recorded agreement
lasciviousness. shall also apply to an orphan minor and the person exercising parental
The grounds enumerated above are deemed to include cases which have authority but the agreement must be approved by the court before it is
resulted from culpable negligence of the parent or the person exercising recorded. (n)
parental authority.
If the degree of seriousness so warrants, or the welfare of the child so Art. 236. Emancipation for any cause shall terminate parental authority
demands, the court shall deprive the guilty party of parental authority or over the person and property of the child who shall then be qualified and
adopt such other measures as may be proper under the circumstances. responsible for all acts of civil life. (412a)
The suspension or deprivation may be revoked and the parental authority
revived in a case filed for the purpose or in the same proceeding if the Art. 237. The annulment or declaration of nullity of the marriage of a
court finds that the cause therefor has ceased and will not be repeated. minor or of the recorded agreement mentioned in the foregoing. Articles
(33a) 234 and 235 shall revive the parental authority over the minor but shall
not affect acts and transactions that took place prior to the recording of
Art. 232. If the person exercising parental authority has subjected the the final judgment in the Civil Register. (n)
child or allowed him to be subjected to sexual abuse, such person shall be
permanently deprived by the court of such authority. (n) TITLE XI: SUMMARY JUDICIAL PROCEEDINGS IN THE
FAMILY LAW
Page 33 of 35
Chapter 1. Prefatory Provisions Art. 243. A preliminary conference shall be conducted by the judge
personally without the parties being assisted by counsel. After the initial
Art. 238. Until modified by the Supreme Court, the procedural rules conference, if the court deems it useful, the parties may be assisted by
provided for in this Title shall apply as regards separation in fact between counsel at the succeeding conferences and hearings. (n)
husband and wife, abandonment by one of the other, and incidents
involving parental authority. (n) Art. 244. In case of non-appearance of the spouse whose consent is
sought, the court shall inquire into the reasons for his failure to appear,
Chapter 2. Separation in Fact and shall require such appearance, if possible. (n)
Art. 239. When a husband and wife are separated in fact, or one has Art. 245. If, despite all efforts, the attendance of the non-consenting
abandoned the other and one of them seeks judicial authorization for a spouse is not secured, the court may proceed ex parte and render
transaction where the consent of the other spouse is required by law but judgment as the facts and circumstances may warrant. In any case, the
such consent is withheld or cannot be obtained, a verified petition may judge shall endeavor to protect the interests of the non-appearing spouse.
be filed in court alleging the foregoing facts. (n)
The petition shall attach the proposed deed, if any, embodying the
transaction, and, if none, shall describe in detail the said transaction and Art. 246. If the petition is not resolved at the initial conference, said
state the reason why the required consent thereto cannot be secured. In petition shall be decided in a summary hearing on the basis of affidavits,
any case, the final deed duly executed by the parties shall be submitted to documentary evidence or oral testimonies at the sound discretion of the
and approved by the court. (n) court. If testimony is needed, the court shall specify the witnesses to be
heard and the subject-matter of their testimonies, directing the parties to
present said witnesses. (n)
Art. 240. Claims for damages by either spouse, except costs of the
proceedings, may be litigated only in a separate action. (n)
Art. 247. The judgment of the court shall be immediately final and
executory. (n)
Art. 241. Jurisdiction over the petition shall, upon proof of notice to the
other spouse, be exercised by the proper court authorized to hear family
cases, if one exists, or in the regional trial court or its equivalent sitting in Art. 248. The petition for judicial authority to administer or encumber
the place where either of the spouses resides. (n) specific separate property of the abandoning spouse and to use the fruits
or proceeds thereof for the support of the family shall also be governed
by these rules. (n)
Art. 242. Upon the filing of the petition, the court shall notify the other
spouse, whose consent to the transaction is required, of said petition,
ordering said spouse to show cause why the petition should not be Chapter 3. Incidents Involving Parental Authority
granted, on or before the date set in said notice for the initial conference.
The notice shall be accompanied by a copy of the petition and shall be Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code
served at the last known address of the spouse concerned. (n) involving parental authority shall be verified. (n)
Page 34 of 35
Art. 250. Such petitions shall be verified and filed in the proper court of Art. 257. This Code shall take effect one year after the completion of its
the place where the child resides. (n) publication in a newspaper of general circulation, as certified by the
Executive Secretary, Office of the President.
Art. 251. Upon the filing of the petition, the court shall notify the parents
or, in their absence or incapacity, the individuals, entities or institutions
exercising parental authority over the child. (n) Done in the City of Manila, this 6th day
of July, in the year of Our Lord,
Art. 252. The rules in Chapter 2 hereof shall also govern summary
proceedings under this Chapter insofar as they are applicable. (n) nineteen hundred and eighty-seven.
Chapter 4. Other Matters Subject to Summary Proceedings
Art. 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise
govern summary proceedings filed under Articles 41, 51, 69, 73, 96, 124
and 127, insofar as they are applicable. (n)
TITLE XII: FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of
Republic Act No. 386, otherwise known as the Civil Code of the
Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40,
41, and 42 of Presidential Decree No. 603, otherwise known as the Child
and Youth Welfare Code, as amended, and all laws, decrees, executive
orders, proclamations, rules and regulations, or parts thereof, inconsistent
herewith are hereby repealed.
Art. 255. If any provision of this Code is held invalid, all the other
provisions not affected thereby shall remain valid.
Art. 256. This Code shall have retroactive effect insofar as it does not
prejudice or impair vested or acquired rights in accordance with the Civil
Code or other laws.
Page 35 of 35

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Judge Hidalgo Family Code – Codal Sumira – 1F

TITLE XII: FINAL PROVISIONS

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