MARRIAGE
Chapter 1. Requisites of Marriage
Article 1. _____________ is a ___________ contract of ___________
___________ between a _________ and a __________ entered into in
_____________ with __________ for the _________________ of
______________ and ___________ life. It is the _________________ of the
____________ and an _______________ social _________________ whose
_____________ , _______________ , and ____________ are governed by
_________ and not ____________ to ___________, except that
marriage settlements may ______ the ___________ relations
___________ the marriage within the __________ provided by this
Code. (52a)
Art. 2. No _________ shall be _________, unless these _________
requisites are present:
(1) __________ capacity of the ___________ parties who must be a
_______ and a ________; and
(2) _________ freely given in the __________ of the _____________
officer. (53a)
Art. 3. The __________ requisites of _________ are:
(1) __________ of the ____________ officer;
(2) A valid marriage __________ except in the cases provided
for in Chapter 2 of this Title; and
(3) A marriage ___________ which takes place with the
___________ of the ___________ parties __________ the __________
officer and their ______________ declaration that they take each
other as husband and wife in the presence of not less than
______ witnesses of legal age. (53a, 55a)
Art. 4. The __________ of any of the _________ or _________
requisites shall render the marriage___________, except as
stated in Article 35 (2).
A ___________ in any of the ____________ requisites shall not affect
the ___________ of the marriage but the _________ or _________
responsible for the _____________ shall be __________, ___________
and ____________ liable. (n)
Art. 5. Any _______ or ______ of the age of __________ years or
__________ not under any of the ____________ mentioned in
Articles 37 and 38, may contract marriage. (54a)
Art. 6. No _____________ _______ or __________ rite for the
_____________ of the marriage is required. It shall be ___________,
however, for the contracting parties to appear _____________
before the solemnizing officer and ____________ in the __________
of not _______ than _______ witnesses of legal age that they take
each other as husband and wife. This ____________ shall be
____________ in the marriage __________ which shall be __________
by the ____________ parties and their ___________ and ___________
by the solemnizing officer.
In case of a marriage in ______________, when the party at the
point of _______ is _________ to ________ the marriage ___________, it
shall be ____________ for _______ of the witnesses to the
marriage to ________ the __________ of said party, which fact
shall be _____________ by the solemnizing officer. (55a)
Art. 7. ______________ may be solemnized by:
(1) Any _____________ member of the _________ within the court's
jurisdiction;
(2) Any __________, _______, ________, or _________ of any church or
religious sect duly authorized by his church or religious sect
and registered with the civil registrar ___________, acting
within the __________ of the written ______________ granted by his
__________ or __________ sect and provided that at least ______ of
the contracting parties _____________ to the solemnizing
officer's _________ or ________ sect;
(3) Any ______ ________ or airplane _______ only in the case
mentioned in Article 31;
(4) Any __________ commander of a _______ to which a __________
is __________, in the _________of the latter, during a military
operation, likewise only in the cases mentioned in Article 32;
(5) Any _______________, consul or _____________ in the case
provided in Article 10. (56a)
Article. 8. The ____________ shall be solemnized ____________ in
the ____________ of the judge or in _________ court, in the ________,
________ or __________, or in the office the consul-general, consul
or vice-consul, as the case may be, and not _____________,
except in cases of marriages contracted on the _______ of
_______ or in _________ places in accordance with Article 29 of
this Code, or where ______ of the ________ request the
______________ officer in _______ in which case the _____________
may be _____________ at a ________ or ________ designated by them
in a ________ statement to that ________. (57a)
Art. 9. A marriage ___________ shall be __________ by the local
civil registrar of the ________ or ____________ where either
______________ party ___________ resides, except in marriages
where no ___________ is required in accordance with Chapter 2
of this Title. (58a)
Art. 10. ___________ between ___________ citizens __________ may
be solemnized by a _____________, __________ or _____________ of
the Republic of the Philippines. The ___________ of the
marriage __________ and the __________ of the _________ civil
registrar and of the solemnizing officer with regard to the
_____________ of ___________ shall be _____________ by said
___________ official. (75a)
Art. 11. Where a marriage ___________ is ___________, each of the
contracting parties shall file _____________ a sworn ___________
for such ___________ with the _____________ local civil registrar
which shall specify the following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the previous
marriage was ___________ or____________;
(6) __________ residence and citizenship;
(7) ___________ of __________ of the contracting parties;
(8) Full name, residence and citizenship of the _________;
(9) Full name, residence and citizenship of the _________; and
(10) Full name, residence and citizenship of the ____________ or
__________ having charge, in case the contracting party has
neither father nor mother and is under the age of
______________ years.
The _____________, their ___________ or _____________ shall not be
__________ to __________ their residence _____________ in any
______________ in connection with the ____________ of the
marriage __________. (59a)
Art. 12. The local civil registrar, upon _____________ such
______________, shall ___________ the _____________ of the ___________
birth certificates or, in ____________ thereof, the ___________
certificates of the contracting parties or __________ of such
___________ duly ____________ by the persons having __________ of
the ____________. These ____________ or _____________ copies of the
documents by this ___________ need not be ___________ to and
shall be _________ from the documentary stamp tax. The
____________ and ___________ title of the person ___________ the
certificate shall be __________ proof of its _____________.
If _________ of the contracting parties is __________ to __________
his _______ or _________ certificate or a certified copy of either
because of the _____________ or __________ of the ________ or if it is
shown by an ____________ of such party or of any other person
that such _______ or _____________ certificate has not yet been
_________ though the same has been ____________ of the person
having ___________ thereof at least _________ days prior to the
date of the ___________, such _________ may ________ in ______
thereof his current ___________ certificate or an _____________
________ up and __________ to _________ the local civil registrar
___________ or any public official authorized to _____________
oaths. Such _____________ shall _________ the __________
declaration of ______ witnesses of lawful age, setting forth the
full name, residence and citizenship of such contracting
party and of his or her parents, if known, and the place and
date of birth of such party. The nearest of _____ of the
contracting parties shall be __________ as witnesses, or, in their
___________, persons of good ___________ in the ____________ or the
______________.
The _____________ of ________ or __________ certificate shall not be
required if the __________ of the contracting parties appear
____________ before the local civil registrar concerned and
_________ to the _____________ of the lawful age of said parties, as
_________ in the __________, or when the local civil registrar
shall, by merely looking at the applicants upon their
___________ appearing before him, be _________ that either or
both of them have the required ______. (60a)
Art. 13. In case ________ of the contracting parties has been
previously _________, the applicant shall be _________ to ________,
instead of the _________ or _________ certificate required in the
last preceding article, the _________ certificate of the __________
spouse or the judicial ________ of the absolute __________, or the
judicial ________ of ___________ or declaration of ________ of his or
her previous ___________.
In case the _________ certificate cannot be secured, the party
shall make an __________ setting forth this _____________ and his
or her __________ civil status and the ________ and ________ of
_______ of the ____________ spouse. (61a)
Art. 14. In case ________ or _________ of the contracting parties,
not having been ______________ by a previous ___________, are
between the ages of __________ and __________, they shall, in
__________ to the ____________ of the preceding __________, _________
to the local civil registrar, the __________ to their _________ of
their father, mother, surviving parent or guardian, or
persons having ________ ________ of them, in the _______
mentioned. Such __________ shall be ___________ in writing by the
____________ party, who ___________ appears before the_________
local civil registrar, or in the _________ of an __________ made in
the presence of ______ witnesses and _________ before any
_________ authorized by ________ to ____________ oaths. The
___________ ____________ shall be recorded in both _____________ for
marriage license, and the __________, if one is__________ instead,
shall be __________ to said _____________. (61a)
Art. 15. Any ____________ party ___________ the age of __________
and ____________ shall be obliged to ask their parents or
guardian for _________ upon the ________ marriage. If they do
not ________ such _________, or if it be ___________, the marriage
_________ shall not be issued till after _______ months following
the _____________ of the ____________ of the _____________ therefor.
A sworn statement by the contracting parties to the effect
that such advice has been sought, together with the written
advice given, if any, shall be __________ to the __________ for
marriage license. Should the parents or guardian __________ to
give any _________ this fact shall be stated in the sworn
statement. (62a)
Art. 16. In the cases where parental ___________ or parental
________ is needed, the party or parties concerned shall,
in_________ to the ______________ of the preceding articles, ______
a ____________ issued by a ________, _________ or minister
authorized to solemnize marriage under Article 7 of this
Code or a marriage ___________ duly ___________ by the proper
government agency to the effect that the contracting parties
have undergone marriage counseling. Failure to attach said
certificates of marriage counseling shall _________ the __________
of the marriage license for a period of ________ months from
the _________ of the ___________ of the application. __________ of
the marriage license within the __________ period shall subject
the issuing officer to administrative _________ but shall not
affect the ___________ of the __________.
Should only ________ of the _________ parties need _________
_______ or parental ________, the other party must be _________ at
the _________ referred to in the preceding paragraph. (n)
Art. 17. The local civil registrar shall _________ a ________ which
shall ________ the full names and residences of the applicants
for a marriage license and other _______ given in the
applications. The ________ shall be _______ for _______
consecutive days on a bulletin board outside the office of the
local civil registrar located in a ___________ place _______ the
building and __________ to the general public. This notice shall
__________ all persons having __________ of any ____________ to the
marriage to ________ the local civil registrar thereof. The
marriage ________ shall be ________ after the _________ of the
period of __________. (63a)
Art. 18. In case of any ___________ ________ to the local civil
registrar or brought to his ________, he shall note down the
____________ thereof and his ___________ thereon in the __________
for marriage ___________, but shall _____________ issue said
license _______ the _____________ of the ________ of __________,
unless ordered otherwise by a __________ court at his _______
instance or that of any _________ party. No _______ fee shall be
__________ for the ___________ nor a ______________ bond required
for the _____________ of the order. (64a)
Art. 19. The local civil registrar shall ________ the payment of
the fees _________ by _____ or ___________ before the __________ of
the marriage license. No other ________ shall be _________ in the
nature of a ______ or ____ of any kind for the issuance of said
license. It shall, however, be issued free of charge to
____________ parties, that is those who have no ________ means
of income or whose __________ is __________ for their ____________
a fact established by their affidavit, or by their oath before
the local civil registrar. (65a)
Art. 20. The ________ shall be _______ in any part of the
Philippines for a period of ______ hundred _______ days from
the date of ______, and shall be deemed ______________ ___________
at the ___________ of the said period if the contracting parties
have not made use of it. The_________ date shall be stamped in
_______ characters on the ________ of ______ license issued. (65a)
Art. 21. When __________ or ________ of the contracting parties
are ___________ of a ___________ country, it shall be ___________ for
them _________ a marriage license can be __________, to submit a
__________ of legal __________ to __________ marriage, issued by
their respective __________ or __________ officials.
__________ persons or __________ from other __________ shall, in
__________ of the certificate of legal __________ herein required,
submit an __________stating the __________ showing such
__________ to contract marriage. (66a)
Art. 22. The marriage __________, in which the parties shall
__________ that they __________ each other as husband and wife,
shall also state:
(1) The full name, sex and age of each __________ party;
(2) Their __________, __________ and __________ residence;
(3) The __________ and __________ time of the __________ of the
marriage;
(4) That the proper marriage __________ has been
__________according to __________, except in marriage provided
for in Chapter 2 of this Title;
(5) That either or both of the contracting parties have
__________ the __________consent in __________ cases;
(6) That either or both of the contracting parties have
__________ with the __________ requirement regarding __________
advice in __________ cases; and
(7) That the __________ have __________ into marriage __________,
if any, attaching a copy thereof. (67a)
Art. 23. It shall be the __________of the person __________the
marriage to __________either of the __________ parties the
__________of the marriage __________referred to in Article 6 and
to __________the __________and __________ copies of the certificate
not later than __________ days __________ the marriage, to the
local civil registrar of the place where the marriage was
__________ . Proper __________ shall be issued by the local civil
registrar to the solemnizing officer __________ copies of the
marriage __________ . The solemnizing officer shall retain in his
file the __________ copy of the marriage __________ , the copy of
the marriage __________ , the __________ of the marriage __________
and, in proper cases, the __________ of the contracting party
regarding the __________ of the marriage in place other than
those mentioned in Article 8. (68a)
Art. 24. It shall be the __________ of the local civil registrar to
__________ the __________ required by this Title, and to
administer __________ to __________ interested parties without
any __________ in __________ cases. The __________ and __________
filed in connection with __________ for marriage __________ shall
be __________ from documentary stamp tax. (n)
Art. 25. The __________ civil registrar __________ shall enter
__________ applications for marriage __________ filed with him in
a __________ book __________ in the __________ in which the same
are __________ . He shall __________ in said __________ the __________
of the applicants, the date on which the marriage __________
was issued, and such other __________ as may be __________ . (n)
Art. 26. __________ marriages solemnized __________ the
Philippines, in accordance with the __________ in __________ in
the __________ where they were solemnized, and __________
there as such, shall also be __________ in this __________ , except
those __________ under Articles 35 (1), (4), (5) and (6), 3637
and 38. (17a)
Where a marriage __________ a __________ citizen and a __________
is validly celebrated and a __________ is thereafter __________
obtained __________ by the __________ spouse __________ him or
her to __________ , the Filipino spouse shall have capacity to
__________ under Philippine law. (As amended by Executive
Order 227)
Chapter 2. Marriages Exempted from License Requirement
Art. 27. In case either or both of the contracting parties are at
the point of __________ , the __________ may be solemnized
__________ necessity of a marriage __________ and shall remain
__________ even if the __________ party subsequently __________
. (72a)
Art. 28. If the __________ of __________ party is so located that
there is no means of __________ to enable such party to appear
__________ before the local civil registrar, the __________ may be
__________ without __________ of a marriage __________ . (72a)
Art. 29. In the cases provided for in the __________ preceding
articles, the solemnizing officer shall state in an affidavit
__________ before the local civil registrar or any other person
__________ authorized to administer __________ that the
marriage was performed in __________ __________ or that the
__________ of either party, specifying the __________ or __________ ,
is so located that there is no __________ of __________ to enable
such party to appear __________ before the local civil registrar
and that the __________ took the necessary __________ to
__________ the __________ and __________ of the contracting
__________ and the __________ of __________ impediment to the
__________ (72a)
Art. 30. The __________ of the __________ required in the last
__________ article, together with the __________ copy of the
marriage __________ , shall be __________ by the person
solemnizing the marriage to the local civil registrar of the
__________ where it was __________ within the period of __________
days __________ the __________ of the marriage. (75a)
Art. 31. A __________ in __________ __________ between __________ or
__________ members may also be solemnized by a ship
__________ or by an airplane __________ not only while the ship is
at sea or the plane is in flight, but also during __________ at
__________ of __________ . (74a)
Art. 32. A military __________ of a __________ , who is a __________
officer, shall likewise have authority to solemnize marriages
in __________ __________ between persons within the __________ of
military __________ , whether members of the __________ forces
or __________ . (74a)
Art. 33. __________ among __________ or among members of the
__________ cultural communities may be performed __________
without the necessity of marriage __________ , provided they
are __________ in accordance with their __________ , __________ or
__________ . (78a)
Art. 34. No __________ shall be __________ for the marriage of a
man and a woman who have lived together as husband and
wife for at least __________ years and without any legal
__________ to __________ each other. The __________ parties shall
state the __________ facts in an affidavit __________ any person
__________ by law to administer __________ . The solemnizing
officer shall also state under __________ that he ascertained the
__________ of the contracting parties are found no legal
impediment to the __________ . (76a)
Chapter 3. Void and Voidable Marriages
Art. 35. The following __________ shall be __________ from the
__________ :
(1) Those __________ by any party below __________ years of
__________ even with the __________ of __________ or __________ ;
(2) Those __________ by any person not __________ authorized to
__________ marriages unless such __________ were __________ with
__________ or __________ parties believing in good faith that the
solemnizing officer had the legal __________ to do so;
(3) Those solemnized without __________ , except those
covered the preceding Chapter;
(4) Those __________ or __________ marriages not failing under
Article 41;
(5) Those contracted through __________ of one contracting
party as to the __________ of the other; and
(6) Those __________ marriages that are __________ under Article
53.
Art. 36. A __________ contracted by any party who, at the time
of the celebration, was __________ incapacitated to comply with
the __________ marital obligations of marriage, shall likewise
be __________ even if such __________ becomes __________ only
__________ its solemnization. (As amended by Executive Order
227)
Art. 37. __________ between the following are __________ and
__________ from the beginning, whether relationship between
the parties be __________ or __________ :
(1) Between __________ and __________ of any degree; and
(2) Between __________ and __________ , whether of the full or
half blood. (81a)
Art. 38. The following marriages shall be __________ from the
__________ for reasons of public policy:
(1) Between __________ blood relatives whether legitimate or
illegitimate, up to the __________ civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the __________ parent and the __________ child;
(5) Between the surviving __________ of the adopting __________
and the adopted __________ ;
(6) Between the surviving __________ of the adopted child and
the __________ ;
(7) Between an adopted child and a __________ child of the
__________ ;
(8) Between __________ children of the same __________ ; and
(9) Between parties where one, with the __________ to
__________ the other, __________ that other person's spouse, or
his or her own spouse. (82)
Art. 39. The __________ or __________ for the declaration of
__________ nullity of a marriage shall not __________ .
Art. 40. The __________ nullity of a __________ marriage may be
__________ for purposes of __________ on the basis __________ of a
final __________ declaring such __________ marriage __________
. (n)
Art. 41. A __________ contracted by any person __________
subsistence of a previous __________ shall be null and void,
unless __________ the __________ of the subsequent marriage, the
__________ spouse had been absent for __________ consecutive
years and the spouse __________ has a well-founded belief that
the absent spouse was already __________ . In case of __________
where there is __________ of __________ under the circumstances
set forth in the provisions of Article 391 of the Civil Code, an
absence of only __________ years shall be __________ .
For the __________ of contracting the __________ marriage under
the preceding paragraph the spouse __________ must institute
a __________ proceeding as provided in this Code for the
__________ of presumptive __________ of the __________ , without
__________ to the __________ of __________ of the __________
spouse. (83a)
Art. 42. The __________ marriage referred to in the preceding
Article shall be __________ terminated by the __________ of the
affidavit of __________ of the absent spouse, unless there is a
__________ annulling the __________ marriage or declaring it
__________ __________ __________ .
A sworn statement of the __________ and __________ of __________
shall be __________ in the civil registry of the __________ of the
__________ to the __________ marriage at the instance of any
__________ person, with due __________ to the __________ of the
__________ marriage and without prejudice to the fact of
__________ being __________ determined in case such fact is
__________ . (n)
Art. 43. The __________ of the __________ marriage referred to in
the preceding Article shall __________ the following __________ :
(1) The __________ of the __________ marriage conceived
__________ to its termination shall be considered __________ ;
(2) The __________ community of property or the __________
partnership, as the case may be, shall be __________ and
__________ , but if __________ spouse __________ said marriage in
bad faith, his or her __________ of the net __________ of the
__________ property or __________ partnership property shall be
__________ in favor of the __________ children or, if there are
none, the children of the __________ spouse by a __________
marriage or in __________ of children, the __________ spouse;
(3) __________ by reason of __________ shall remain __________ ,
except that if the __________ contracted the marriage in
__________ faith, such __________ made to said __________ are
__________ by operation of law;
(4) The __________ spouse may __________ the __________ of the
other spouse who acted in __________ faith as __________ in any
__________ policy, even if such __________ be stipulated as
__________ ; and
(5) The spouse who __________ the __________ marriage in
__________ faith shall be __________ to __________ from the
__________ spouse by __________ and __________ succession. (n)
Art. 44. If __________ spouses of the __________ marriage acted in
__________ faith, said marriage shall be __________ and all
__________ by reason of marriage and __________ dispositions
made by one in favor of the other are __________ by operation
of law. (n)
Art. 45. A __________ may be __________ for any of the following
__________ , __________ at the time of the marriage:
(1) That the __________ in whose __________ it is sought to have
the marriage __________ was __________ years of age or over but
__________ twenty-one, and the marriage was __________ without
the __________ of the parents, guardian or person having
__________ parental authority over the party, in that order,
unless __________ attaining the age of __________ , such party
freely __________ with the other and both lived together as
husband and wife;
(2) That either party was of __________ mind, unless such party
after coming to __________ , freely cohabited with the other as
husband and wife;
(3) That the __________ of either party was obtained by
__________ , unless such party __________ , with __________
knowledge of the __________ constituting the __________ , freely
cohabited with the other as husband and wife;
(4) That the __________ of either party was obtained by
__________ , __________ or undue __________ , unless the same
having __________ or __________ , such party thereafter freely
cohabited with the other as husband and wife;
(5) That __________ party was __________ incapable of
consummating the marriage with the other, and such
incapacity __________ and appears to be __________ ; or
(6) That either party was __________ with a __________ disease
found to be __________ and appears to be __________ . (85a)
Art. 46. Any of the following circumstances shall constitute
__________ referred to in Number 3 of the preceding Article:
(1) __________ of a previous __________ by final judgment of the
other party of a crime involving moral turpitude;
(2) __________ by the wife of the fact that at the time of the
marriage, she was __________ by a man other than her
husband;
(3) __________ of sexually transmissible disease, __________ of its
__________ , existing at the time of the marriage; or
(4) Concealment of __________ addiction, habitual __________ or
__________ or __________ existing at the time of the marriage.
No other __________ or __________ as to __________ , __________ ,
__________ , __________ or __________ shall constitute such __________
as will give grounds for action for the __________ of
marriage. (86a)
Art. 47. The action for __________ of marriage must be filed by
the following __________ and within the __________ indicated
herein:
(1) For causes mentioned in number 1 of Article 45 by the
party whose parent or guardian did not give his or her
consent, within __________ years __________ attaining the age of
__________ , or by the parent or guardian or person having
legal charge of the minor, at any time __________ such party has
reached the age of __________ ;
(2) For causes mentioned in number 2 of Article 45, by the
__________ spouse, who had no __________ of the other's __________
; or by any __________ or __________ or person having legal
charge of the __________ , at any time __________ the __________ of
either party, or by the __________ spouse during a __________
interval or after regaining __________ ;
(3) For causes mentioned in number 3 of Article 45, by the
injured party, within __________ years __________ the __________ of
the __________ ;
(4) For causes mentioned in number 4 of Article 45, by the
injured party, within __________ years from the time the
__________ , __________ or __________ influence __________ or
__________ ;
(5) For causes mentioned in number 5 and 6 of Article 45, by
the __________ party, within __________ years __________ the
__________ . (87a)
Art. 48. In all cases of __________ or declaration of absolute
__________ of marriage, the Court shall order the prosecuting
attorney or fiscal __________ to it to appear on __________ of the
State to take __________ to prevent __________ between the
parties and to take care that __________ is not __________ or
__________ .
In the cases referred to in the preceding paragraph, no
__________ shall be based upon a __________ of __________ or
__________ of __________ . (88a)
Art. 49. __________ the __________ of the action and in the
__________ of __________ provisions in a __________ agreement
between the spouses, the Court shall __________ for the
__________ of the spouses and the __________ and __________ of
their __________ children. The Court shall give __________
consideration to the __________ and __________ welfare of said
__________ and their __________ of the __________ with whom they
wish to __________ as provided to in Title IX. It shall also
provide for appropriate __________ rights of the other __________
. (n)
Art. 50. The effects provided for by paragraphs (2), (3), (4)
and (5) of Article 43 and by Article 44 shall also apply in the
proper cases to __________ which are declared __________ or
__________ by __________ judgment under Articles 40 and 45.
The __________ judgment in such cases shall provide for the
__________ , __________ and __________ of the properties of the
spouses, the __________ and __________ of the __________ children,
and the __________ of __________ presumptive __________ , unless
such matters had been __________ in __________ judicial
proceedings.
All __________ of the spouses as well as of the __________
community or the __________ partnership shall be __________ of
the __________ for __________ .
In the __________ , the __________ dwelling and the __________ on
which it is __________ , shall be __________ in accordance with the
provisions of Articles 102 and 129.
Art. 51. In said __________ , the __________ of the __________
legitimes of all __________ children, __________ as of the date of
the __________ judgment of the trial court, shall be __________ in
__________ , __________ or __________ securities, unless the parties,
by __________ agreement __________ approved, had already
provided for such matters.
The __________ or their __________ or the __________ of their
__________ may __________ for the __________ of the judgment.
The __________ of the __________ legitimes herein prescribed
shall in no way __________ the __________ successional rights of
the children __________ upon the __________ of either of both of
the parents; but the __________ of the properties __________
received under the __________ of __________ or __________ nullity
shall be considered as __________ on their __________ . (n)
Art. 52. The judgment of __________ or of absolute __________ of
the marriage, the __________ and __________ of the properties of
the spouses and the __________ of the children's __________
legitimes shall be __________ in the __________ civil __________ and
__________ of property; otherwise, the same shall not affect
__________ persons. (n)
Art. 53. __________ of the __________ spouses may marry again
__________ compliance with the __________ of the __________
preceding Article; otherwise, the __________ marriage shall be
null and void.
Art. 54. Children __________ or __________ __________ the judgment
of __________ or absolute __________ of the marriage under
Article 36 has become __________ and __________ shall be
considered __________ . Children __________ or __________ of the
__________ marriage under Article 53 shall likewise be
__________ .
TITLE II
LEGAL SEPARATION
Art. 55. A __________ for legal __________ may be filed on any of
the following grounds:
(1) __________ physical __________ or __________ abusive conduct
directed against the __________ , a __________ child, or a child of
the __________ ;
(2) Physical violence or __________ pressure to __________ the
petitioner to change __________ or __________ affiliation;
(3) __________ of respondent to __________ or __________ the
petitioner, a common child, or a child of the petitioner, to
engage in __________ , or __________ in such __________ or __________
;
(4) __________ judgment sentencing the respondent to
imprisonment of more than __________ years, even if __________ ;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) __________ or __________ of the respondent;
(7) Contracting by the respondent of a subsequent __________
marriage, whether in the __________ or __________ ;
(8) Sexual __________ or __________ ;
(9) __________ by the respondent against the __________ of the
petitioner; or
(10) __________ of petitioner by respondent without __________
cause for more than __________ year.
For purposes of this Article, the term "__________ " shall
include a child by __________ or by __________ . (9a)
Art. 56. The __________ for legal separation shall be __________ on
any of the following __________ :
(1) Where the __________ party has __________ the __________ or
act complained of;
(2) Where the __________ party has __________ to the
commission of the offense or act complained of;
(3) Where there is __________ between the parties in the
commission of the offense or act constituting the ground for
legal separation;
(4) Where __________ parties have given __________ for legal
separation;
(5) Where there is __________ between the parties to obtain
decree of legal separation; or
(6) Where the __________ is __________ by __________ . (100a)
Art. 57. An action for legal separation shall be filed within
__________ years from the time of the __________ of the __________
. (102)
Art. 58. An action for legal separation shall in no case be tried
before __________ months shall have __________ since the
__________ of the __________ . (103)
Art. 59. No legal separation may be __________ unless the
__________ has taken __________ toward the __________ of the
__________ and is __________ satisfied, despite such efforts, that
__________ is highly __________ . (n)
Art. 60. No __________ of legal separation shall be based upon a
__________ of __________ or a __________ of __________ .
In any case, the Court shall order the prosecuting attorney or
fiscal assigned to it to take __________ to prevent __________
between the parties and to take care that the __________ is not
__________ or __________ . (101a)
Art. 61. __________ the filing of the petition for legal separation,
the spouses shall be __________ to live __________ from each
other.
The __________ , in the __________ of a __________ agreement
between the __________ , shall __________ either of __________ or a
__________ person to __________ the absolute community or
conjugal partnership property. The __________ appointed by
the __________ shall have the same __________ and __________ as
those of a __________ under the Rules of Court. (104a)
Art. 62. __________ the pendency of the action for legal
separation, the provisions of Article 49 shall likewise apply
to the __________ of the __________ and the __________ and __________
of the __________ children. (105a)
Art. 63. The __________ of legal separation shall have the
following __________ :
(1) The spouses shall be entitled to live __________ from each
other, but the marriage __________ shall not be __________ ;
(2) The __________ or the __________ __________ shall be __________
and __________ but the __________ spouse shall have __________
right to any __________ of the net profits earned by the
__________ __________ or the __________ __________ , which shall be
__________ in accordance with the provisions of Article 43(2);
(3) The __________ of the __________ children shall be awarded to
the __________ spouse, subject to the provisions of Article 213
of this Code; and
(4) The __________ spouse shall be __________ from __________
from the __________ spouse by __________ succession. Moreover,
provisions in __________ of the __________ spouse made in the
__________ of the __________ spouse shall be __________ by
operation of law. (106a)
Art. 64. __________ the __________ of the decree of legal
separation, the __________ spouse may __________ the __________
made by him or by her in favor of the offending spouse, as
well as the __________ of the latter as __________ in any __________
policy, even if such __________ be stipulated as __________ . The
__________ of the __________ shall be __________ in the registries of
__________ in the __________ where the properties are located.
__________ , __________ and __________ registered in __________ faith
__________ the __________ of the __________ for __________ in the
registries of property shall be __________ . The __________ of or
__________ in the __________ of the insurance __________ shall take
effect upon __________ notification thereof to the __________ .
The __________ to __________ the __________ under this Article
must be brought within __________ years from the time the
decree of legal separation become __________ . (107a)
Art. 65. If the __________ should __________ , a corresponding
__________ manifestation under oath duly __________ by them
shall be __________ with the court in the __________ proceeding
for legal separation. (n)
Art. 66. The __________ referred to in the preceding Articles
shall have the following __________ :
(1) The legal separation proceedings, if still __________ , shall
thereby be __________ at whatever __________ ; and
(2) The __________ decree of legal separation shall be set aside,
but the __________ of __________ and any __________ of the share of
the __________ spouse already __________ shall __________ , unless
the spouses agree to __________ their __________ property
regime.
The court's order containing the foregoing shall be recorded
in the proper civil registries. (108a)
Art. 67. The __________ to __________ the __________ property
regime referred to in the preceding Article shall be __________
under __________ and shall __________ :
(1) The properties to be __________ to the __________ regime;
(2) Those to be __________ as __________ properties of each
spouse; and
(3) The names of all their __________ creditors, their addresses
and the amounts owing to each.
The __________ of __________ and the __________ for its __________
shall be filed with the court in the __________ proceeding for
legal separation, with __________ of both __________ to the
__________ named therein. __________ due hearing, the court
shall, in its order, take __________ to __________ the __________ of
__________ and such order shall be __________ in the proper
__________ of properties.
The __________ of the __________ in the registries of property
shall not __________ any creditor not __________ or not __________ ,
unless the __________ has sufficient separate properties to
satisfy the creditor's claim__________ (195a, 108a)
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68. The husband and wife are __________ to __________
together, observe mutual __________ , __________ and __________ ,
and render mutual __________ and __________ . (109a)
Art. 69. The husband and wife shall __________ the family
__________ . In case of __________ , the __________ shall __________ .
The court may __________ one spouse from __________ with the
other if the __________ should live __________ or there are other
__________ and __________ reasons for the __________ . However,
such __________ shall not apply if the same is not __________ with
the __________ of the family. (110a)
Art. 70. The __________ are __________ responsible for the
__________ of the family. The __________ for such __________ and
other __________ obligations shall be paid from the __________
property and, in the __________ thereof, from the __________ or
__________ of their __________ properties. In case of __________ or
__________ of said __________ or __________ , such obligations shall
be __________ from the __________ properties. (111a)
Art. 71. The __________ of the __________ shall be the right and
the duty of __________ spouses. The __________ for such __________
shall be __________ in accordance with the provisions of Article
70. (115a)
Art. 72. When __________ of the spouses __________ his or her
__________ to the conjugal __________ or commits acts which tend
to bring __________ , __________ or __________ to the __________ or to
the __________ , the __________ party may apply to the court for
__________ . (116a)
Art. 73. __________ spouse may exercise any legitimate
__________ , __________ , __________ or __________ without the
__________ of the other. The __________ may __________ only on
__________ , __________ , and __________ grounds.
In case of __________ , the court shall decide whether or not:
(1) The __________ is __________ ; and
(2) __________ has occurred to the family __________ to the
objection or __________ . If the __________ accrued prior to the
objection, the resulting obligation shall be __________ against
the __________ property of the __________ who has not obtained
__________ .
The foregoing __________ shall not __________ the __________ of
creditors who acted in __________ faith. (117a)
TITLE IV
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
Chapter 1. General Provisions
Art. 74. The __________ relationship between husband and wife
shall be governed in the following order:
(1) By marriage __________ executed __________ the marriage;
(2) By the __________ of this Code; and
(3) By the local __________ . (118)
Art. 75. The __________ spouses may, in the marriage __________ ,
__________ upon the __________ of __________ community, conjugal
partnership of __________ , __________ separation of property, or
any other regime. In the __________ of a marriage settlement,
or when the __________ agreed upon is __________ , the __________
of __________ community of property as established in this
Code shall __________ . (119a)
Art. 76. In order that any __________ in the marriage
settlements may be __________ , it must be made __________ the
__________ of the marriage, subject to the provisions of Articles
66, 67, 128, 135 and 136. (121)
Art. 77. The marriage __________ and any __________ thereof shall
be in __________ , __________ by the parties and executed
__________ the __________ of the marriage. They shall not
prejudice __________ persons unless they are __________ in the
local civil registry where the marriage __________ is __________
as well as in the proper __________ of __________ . (122a)
Art. 78. A __________ who according to law may contract
__________ may also __________ his or her marriage settlements,
but they shall be __________ only if the persons __________ in
Article 14 to give __________ to the marriage are made __________
to the __________ , subject to the provisions of Title IX of this
Code. (120a)
Art. 79. For the __________ of any marriage __________ executed
by a person upon whom a __________ of civil __________ has been
__________ or who is __________ to any other __________ , it shall be
__________ for the __________ appointed by a competent court to
be made a party thereto. (123a)
Art. 80. In the __________ of a __________ stipulation in a
marriage settlement, the property __________ of the spouses
shall be governed by __________ laws, __________ of the place of
the __________ of the __________ and their __________ .
This rule shall not apply:
(1) Where __________ spouses are __________ ;
(2) With respect to the __________ validity of contracts
affecting property not situated in the Philippines and
executed in the country where the property is located; and
(3) With respect to the __________ validity of contracts entered
into in the Philippines but __________ property situated in a
__________ country whose laws require different __________ for
its __________ validity. (124a)
Art. 81. __________ stipulated in the __________ or __________
referred to in the preceding articles in __________ of a __________
marriage, including __________ between the __________ spouses
made therein, shall be rendered __________ if the __________ does
not take place. However, __________ that do not __________ upon
the __________ of the marriages shall be __________ . (125a)
Chapter 2. Donations by Reason of Marriage
Art. 82. __________ by reason of __________ are those which are
made __________ its __________ , in __________ of the __________ , and
in __________ of __________ or __________ of the __________
spouses. (126)
Art. 83. These __________ are governed by the rules on
__________ donations established in Title III of Book III of
the Civil Code, insofar as they are not __________ by the
following articles. (127a)
Art. 84. If the __________ spouses agree upon a __________ other
than the __________ community of property, they cannot
__________ to __________ other in their marriage settlements
more than __________ of their __________ property. Any __________
shall be considered __________ .
__________ of __________ property shall be governed by the
provisions on __________ succession and the __________ of
__________ . (130a)
Art. 85. __________ by reason of __________ of property __________
to __________ shall be __________ . In case of __________ of the
__________ and the property is __________ for __________ than the
__________ amount of the __________ secured, the __________ shall
not be __________ for the __________ . If the property is __________
for __________ than the __________ amount of said obligation, the
__________ shall be __________ to the __________ . (131a)
Art. 86. A __________ by reason of __________ may be __________ by
the __________ in the following cases:
(1) If the marriage is not celebrated or judicially declared
void ab initio except donations made in the marriage
settlements, which shall be governed by Article 81;
(2) When the marriage takes place __________ the __________ of
the parents or guardian, as required by law;
(3) When the marriage is __________ , and the donee acted in
bad faith;
(4) __________ legal separation, the __________ being the
__________ spouse;
(5) If it is with a __________ condition and the condition is
complied with;
(6) When the __________ has committed an act of __________ as
specified by the provisions of the Civil Code on donations in
__________ . (132a)
Art. 87. __________ donation or __________ of gratuitous __________
, __________ or __________ , between the spouses __________ the
marriage shall be __________ , except __________ gifts which the
spouses may give each other on the __________ of any family
__________ . The __________ shall also apply to persons living
together as husband and wife without a valid
marriage. (133a)
Chapter 3. System of Absolute Community
Section 1. General Provisions
Art. 88. The __________ community of property between
spouses shall __________ at the __________ moment that the
marriage is __________ . Any stipulation, __________ or __________ ,
for the __________ of the __________ regime at any other time
shall be __________ . (145a)
Art. 89. No __________ of __________ , __________ and __________ of
the absolute community of property __________ the marriage
can be made except in case of judicial separation of property.
When the __________ takes place upon a __________ separation of
property, or __________ the marriage has been __________ or
__________ , the same shall __________ in a __________ instrument
and shall be recorded as provided in Article 77. The __________
of the __________ who made such __________ may petition the
court to __________ the __________ to the extent of the amount
sufficient to cover the amount of their credits. (146a)
Art. 90. The provisions on __________ shall apply to the
absolute community of property between the spouses in all
matters not provided for in this Chapter.(n)
Section 2. What Constitutes Community Property
Art. 91. Unless otherwise provided in this Chapter or in the
marriage __________ , the __________ property shall __________ of
all the property owned by the spouses at the time of the
__________ of the marriage or __________ __________ . (197a)
Art. 92. The following shall be __________ from the community
property:
(1) Property acquired __________ the marriage by __________ title
by __________ spouse, and the __________ as well as the __________
thereof, if any, unless it is __________ provided by the __________ ,
__________ or __________ that they shall form part of the
community property;
(2) Property for __________ and __________ use of __________
spouse. However, __________ shall form part of the __________
property;
(3) Property acquired __________ the marriage by __________
spouse who has __________ descendants by a __________
marriage, and the __________ as well as the __________ , if any, of
such property. (201a)
Art. 93. Property acquired __________ the marriage is
presumed to belong to the __________ , unless it is __________
that it is one of those __________ therefrom. (160)chan robles
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Section 3. Charges and Obligations of the Absolute
Community
Art. 94. The __________ community of property shall be liable
for:
(1) The __________ of the __________ , their __________ children,
and __________ children of __________ spouse; however, the
__________ of __________ children shall be governed by the
provisions of this Code on __________ ;
(2) All __________ and __________ contracted __________ the
marriage by the designated __________ for the benefit of the
__________ , or by __________ spouses, or by __________ spouse with
the consent of the other;
(3) __________ and __________ contracted by either spouse
without the __________ of the other to the extent that the
family may have been __________ ;
(4) All __________ , __________ , __________ and __________ , including
__________ or __________ repairs, upon the community property;
(5) All __________ and __________ for mere __________ made
__________ marriage upon the __________ property of either
spouse used by the family;
(6) __________ to enable either spouse to __________ or __________
a __________ or __________ course, or other activity for __________ ;
(7) __________ debts of either spouse insofar as they have
__________ to the benefit of the family;
(8) The __________ of what is __________ or __________ by both
spouses in favor of their common __________ children for the
__________ purpose of __________ or __________ a __________ or
vocational course or other activity for __________ ;
(9) __________ debts of either spouse other than those falling
under paragraph (7) of this Article, the support of __________
children of __________ spouse, and __________ incurred by either
spouse by reason of a __________ or a __________ , in case of
__________ or __________ of the __________ property of the debtor-
spouse, the payment of which shall be considered as
__________ to be __________ from the share of the __________ upon
__________ of the __________ ; and
(10) __________ of __________ between the spouses unless the
suit is found to be __________ .
If the __________ property is __________ to __________ the foregoing
liabilities, except those falling under paragraph (9), the
spouses shall be __________ liable for the __________ balance with
their __________ properties. (161a, 162a, 163a, 202a-205a)
Art. 95. __________ may be lost __________ the marriage in any
game of __________ , __________ , __________ , or any other kind of
__________ , whether __________ or __________ by law, shall be
__________ by the __________ and shall not be charged to the
community but any __________ therefrom shall form __________
of the community property. (164a)
Section 4. Ownership, Administrative,
Enjoyment and Disposition of the Community Property
Art. 96. The __________ and __________ of the community
property shall belong to __________ spouses __________ . In case
of __________ , the __________ decision shall __________ , subject to
__________ to the court by the __________ for proper remedy,
which must be availed of within __________ years from the date
of the contract __________ such decision.
In the event that one spouse is __________ or otherwise unable
to participate in the __________ of the common properties, the
other spouse may assume __________ powers of __________ .
These __________ do not include __________ or __________ without
__________ of the court or the __________ consent of the other
spouse. In the absence of such authority or consent, the
__________ or __________ shall be __________ . However, the
__________ shall be construed as a __________ __________ on the
part of the __________ spouse and the __________ person, and
may be __________ as a binding contract upon the __________ by
the other __________ or __________ by the court before the
__________ is __________ by either or both offerors. (206a)
Art. 97. __________ spouse may dispose by __________ of his or
her __________ in the community property. (n)
Art. 98. __________ spouse may __________ any community
property without the consent of the other. However,
__________ spouse may, __________ the __________ of the other,
make __________ donations from the community property for
__________ or on __________ of family __________ or family __________
. (n)
Section 5. Dissolution of Absolute Community Regime
Art. 99. The __________ community __________ :
(1) Upon the __________ of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is __________ or declared __________ ; or
(4) In case of judicial separation of property during the
marriage under Articles 134 to 138. (175a)
Art. 100. The __________ in __________ between husband and
wife shall not affect the regime of absolute community
__________ that:
(1) The spouse who __________ the __________ home or refuses to
live therein, without just cause, shall not have the right to be
supported;
(2) When the consent of one spouse to any transaction of the
other is required by law, judicial authorization shall be
obtained in a summary proceeding;
(3) In the absence of __________ community property, the
separate property of both spouses shall be __________ liable for
the support of the __________ . The spouse __________ shall, upon
proper __________ in a summary proceeding, be given __________
authority to __________ or __________ any specific __________
property of the other spouse and use the __________ or
__________ thereof to __________ the latter's __________ . (178a)