CIVIL CODE OF THE PHILIPPINES: Preliminary Title
Article Summary Summarized Annotation:
Article 1: Civil Code of the
Philippines
Art. 2: Laws shall take
effect 15 days following
the completion of their
publication
Art. 3: Ignorance of the
law excuses no one
Art. 4: Laws shall not be
retroactive unless
provided
Cases when the law may be given retroactive effect:
Added Info:
- Civil code took effect on August 30, 1950 Covered Under this Rule:
- EO 200 was issued by President Aquino on June 1987 - Presidential decrees
which provided that pursuant to the ruling in Tañada v. and executive orders
Tuvera publication need not be made in the Official by the president in
Gazette, considering its erratic release and limited exercise of his
readership. legislative powers.
- Newspapers for general circulation could better perform - Administrative rules
the function of communicating the laws to the people— and regulations if their
more available, wider circulation comes out regularly. purpose is to enforce or
- If a statute does not provide for its effectivity, it will only implement existing law
take effect 15days after the completion of its pursuant to a valid
publication. (No one shall be charged under the statute delegation.
until the completion of the publication.) - City charter must be
- Statutes may provide for another number of days for published even if it is
publication. The statement “unless otherwise provided” only applicable to a
refers only to the 15 days (which can be changed to a portion of national
different number) and not the requirement of territory
publication. —Publication is indispensable. * Interpretative regulation
and those internal in nature
need not be published.
- It is the presumption that every person knows the law.
- Ignorance cannot be put up as a defense because it can
always be used causing disorder in society
- This is the reason why publication is an essential
element, so that no one can excuse himself or herself for
not knowing.
- Statutes are to be construed as having prospective or
future operation only it is not meant to be applicable to
the past unless it is expressly provided for or is clearly
and necessarily implied from the law.
1. The law expressly provides
2. When the law is curative or remedial – meant to cure
defects in order to enforce existing obligations. To
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 enable people to carry into effect what they intended in
the obligation but could not due to some statute. Not
meant to impair obligation or affect vested rights.
3. When the law is procedural – when it deals with
procedure it applies to all actions, which have accrued,
or pending and future actions.
Ex. When the legislature provides that all bills should under go
4 readings instead of 3. This affects all bills that have been
created and even those already undergoing readings.
4. When the law is penal in character and is favorable to
the accused.
Art. 5: Acts committed MANDATORY PROVISIONS OF LAWS: If one fails to commit
against mandatory and certain acts that are mandatory in the law, it renders the
prohibitory laws shall be proceeding or acts to which it relates as illegal or void.
void. Ex. The law provides “ The action to revoke the donation under
this article must be brought within 5 years from the time the
decree of legal separation has become final.” (Article 64,
Family Code)

PROHIBITORY LAWS: Those that one is not supposed to do.

Couched in negative terms.
Ex. The law provides that “ No legal separation may be
decreed unless the court has taken steps towards
reconciliation.” (Article 59, Family Code)
Art. 6: Waiver of Rights - Rights may be waived unless it is contrary to law, public Examples of what cannot be
policy, morals or good customs, or prejudicial to a third waived:
person with a right recognized by law. 1. Waiver against the
- The right must exist at the time of the waiver. right to purchase land.
Requisites: 2. Waive an action against
1. The person knows that a right exists future fraud
2. Has adequate knowledge upon which to make an 3. Waive right to receive
intelligent decision less than the
3. Knowledge of the facts related to the right to be waived compensation a worker
4. Must be shown that the waiver is made knowingly and is to receive under the
intelligently law.
- Rights provided for in statutes can generally be waived
unless the object of the statute is to protect or promote public
interest
Art. 7: Repealed Laws - Laws are repealed only by subsequent ones
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 - Between a law and the Constitution, the latter prevails
- Administrative or executive acts are valid only when
they are not contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute
through a new law
- Where a portion of a statute is rendered unconstitutional
and part is valid the arts may be separated if they can
stand independently of one another.

Art. 8: Judicial decisions - Judicial decisions, applying and interpreting laws and the
form case laws Constitution, assume the same authority as laws.
Art. 9: Responsibility of - Judges must not evade performance of their responsibility
the courts because of an apparent non-existence or vagueness of a law
governing a particular legal dispute.
Art. 10: It is presumed - The court must first apply the law, only when there is
that the lawmaking body ambiguity in its application should there be any kind of
intended right and justice interpretation.
to prevail - The interpretation should be in line with the intent of the
legislature or the end sought to be attained.
Art. 11: Customs CUSTOM: a rule of conduct formed by repetition of acts,
Art. 12: Customs must be uniformly observed as a social rule, which is legally binding
proved accdg. to the rules and has obligatory force.
of evidence. JURIDICAL CUSTOM: Can be a supplement/addition to a
statutory law unlike a social custom, which cannot do so.
Art. 13: Years, days, Years: 365 days each
months Months: 30 days – if designated by their name, they shall be
computed by the number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
Art. 14: Penal laws - All citizens or foreigners who sojourner are subject to all Exception:
penal laws and laws meant for public security and Foreigners who are immune
safety. from suit and thus cannot be
- charged (diplomatic agents)
Art. 15: Nationality rule - Regardless of where a citizen of the Philippines might be Thus a Filipino cannot get a
he or she will still be governed by Philippine laws when it divorce even if he or she goes
comes to family rights, duties, or to his or her legal abroad, since divorce is not
status and legal capacity, recognized in the Philippines
Art. 16: Real & Personal - Real and Personal Property are subject to the law of the
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Property country where it is found. However, when it comes to
the order, amount, and intrinsic validity of the
succession it shall be regulated by the law of the person
whose succession is being considered regardless of
where the property is to be found.
Art. 17: Forms and Extrinsic validity: the laws shall govern the forms of
Solemnities of contracts and wills where they are made. Thus a will made in
contracts/will, acts done the U.S. must follow the laws regarding the forms of wills in
before consular officials, the U.S.
prohibitive laws Acts before Diplomatic and Consular Officials: Any act or
contract made in a foreign country made before the diplomatic
and consular officials must also conform to Philippine laws.
This is because in the premises of a diplomatic office the
foreign country waives its jurisdiction so the Philippine laws
govern in the premises of the Philippine Diplomatic Office in
foreign countries.
Prohibitive Laws: Prohibitive laws concerning property,
persons, their acts and those meant for public order, public
policy, or good customs will continue to be in effect even if the
person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country
where bigamy is legal, the second marriage is void since
bigamy is not permitted in the Philippines.

Art. 18: Deficiency in the - When there are deficiencies in the Code of Commerce
Code of Commerce and and Special Laws the civil code will govern such
special laws deficiency.
Ex. In the Code of Commerce there is no stated prescription
date for a certain act, thus the provisions on prescription in
the civil code will govern.
- However one must check the kind of transaction at hand
and whether the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there
is a one year prescription for making a claim for loss or
damage and the plaintiff believed that he could extend the
prescriptive period by giving a written demand pursuant to Art.
1155 of the civil code, especially since the civil code is meant
to be supplementary according to Art. 18. However the
Supreme Court ruled that it was not applicable because when
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 it comes to matters of goods in transport it is desirable that it
be resolved at once taking into consideration the nature of the
goods.
HUMAN RELATIONS
Art. 19: Abuse of right - Meant to be a law of justice and fairness especially in *The three articles are
doctrine instances wherein there is no specific law to prevent acts of related to each other
abuse to another. and under these articles
- It is a rule of conduct that is meant to create a harmonious an act, which causes
and orderly relation ship between people injury to another, may
Art. 20: willfully or - Speaks of the general sanction for all other provisions of law, be made the basis for
negligently causes which do not especially provide their own sanction. an award for damages.
damage to another - Designed to fill in the countless gaps in the statues, which
leave many victims without recourse.
Art. 21: Contrary to good Elements:
customs, morals, or 1. There is an act which is legal
public policy 2. But which is contrary to morals, good customs, public order,
public policy
3. And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result
of another person’s act
Art. 22: One who comes UNJUST ENRICHMENT: one should not unduly profit on something
into the possession of which he does not own
another is obliged to - Thus if one is benefited at the expense of another, he must pay or
make restitution indemnify the other for what he has gained.

Art. 23: Even if the act

was not due to ones fault
or negligent he is still
liable for indemnity if he
was benefited.
Art. 24: Protecting the It is the courts duty to render justice and give protection on account
rights of the of those who are disadvantage due to moral dependence, ignorance,
disadvantage indigence (poverty), mental weakness, tender age or other handicap.
Art. 25: Extravagance The courts at the instance of the government or any private
during acute public want charitable institution can order one to stop extreme spending during
or emergency times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of
gasoline to power his private amusement park. –the court may order
him to seize such at the instance of the government or charitable
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Art. 26: Respect privacy
of others. Respect for
human dignity
Art. 27: Public servant
refuses or neglects to do
his duty without just
cause
Art. 28: Unfair
competition
Art. 29: Civil action when
guilt is not proved
beyond reasonable doubt
Art. 30: Civil obligation
arising from a criminal
offense
Art. 31: Civil obligation
not arising from the
felony
Art. 32: Civil action for
violation of constitutional
rights
Art. 33: Civil action for
violation of private rights
institution to prevent such in times of emergency.
- Meant to enforce the right of one to his privacy in one’s own home,
religious freedom, prevent moral suffering, vexation, humiliation,
- One may file an action for damages against the officer who does *If the officer is no day
not perform his official duty without just cause. off, then one cannot file
- A public officer who commits a tort or other wrongful act is still an action against him.
liable to the victim.
- Necessary to promote a system of free enterprise and a fair chance
for others to engage in business and earn a living.
- If in a criminal case, the accused is not proven guilty beyond
reasonable doubt a civil action may be made and the degree of proof
necessary is only a preponderance of evidence which means that
more evidence is adduced to prove the guilt of the accused
compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a
preponderance of evidence as the quantum of proof,
- Usually a criminal proceeding, if commenced, must be
terminated before a civil proceeding can begin. If a civil
proceeding has begun and later on a criminal proceeding is
filed, the civil proceeding is put on hold until the criminal
proceeding has finished.
- However when the civil obligation is separate from the crime
committed it may proceed independently of the criminal
proceeding.
- Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action
here is based from the breach of the contractual obligation of all
common carriers to take extra diligence in driving his passengers.
The criminal action here is based on the driver’s criminal negligence.
The first is governed by the civil code and the second is from the
Revised Penal Code.
- Necessary to have an absolute separate and independent civil
action for the violation of civil liberties for the effective maintenance
of democracy.
- Principle is to allow the citizen to enforce his rights regardless of *Criminal negligence
State action so that citizens will not depend upon the government for (reckless imprudence) is
the vindication of their own private rights. not included in this
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 - Includes fraud, defamation, physical injuries and are understood in article, thus an
their ordinary sense. independent action for
such cannot be made
independently from the
criminal prosecution.
Art. 34: Members of the When there is danger to life or property, such peace officer
-
Police Force shall be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible.
- An independent civil action can be instituted wherein a
preponderance of evidence is all that is required.
Art 35: Reservation of - When a person claiming to be injured by a criminal offense,
civil action charges another but the judges fails to find any crime to have been
committed or if the prosecuting attorney refuses/fails to institute
criminal proceedings
Art. 36: Prejudicial - The general rule is that the criminal case takes precedence; an
Questions exception would be if there exist prejudicial questions, which
should be resolved before the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal
action that which requires a decision before a final judgment is
rendered in the principal action where the said question is closely
connected. The resolution of the Prejudicial question will determine if
the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy
against B. B also filed a civil case against C (the second spouse)
contending that she was intimidated into marrying C. The civil case
to determine whether there was intimidation or not must necessary
be resolved before the bigamy case. If B was indeed intimidated in
marrying C, there is no bigamy.
CIVIL PERSONALITY: GENERAL PROVISIONS
Art. 37: Juridical Capacity JURIDICAL CAPACITY: fitness to be the subject of legal relations,
and Capacity to Act. inherent in every person and is lost only through death.
- Acquired when one is conceived (rights of the unborn child)
CAPACITY TO ACT: power to do acts with legal effect, may be
acquired of lost
- Acquired when one reaches the age of majority, lost in cases like
civil interdiction1.

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An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or guardianship, right to
manage his property and the right to dispose of such property by any act.
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Art. 38: Restrictions on Restrictions on the capacity to act: Minority, insanity or imbecility, * Both men and women
the capacity to act state of being a deaf-mute, prodigality, and civil interdiction are are qualified from all
mere restrictions on the capacity to act. – Do not exempt the person acts of civil life when
Art. 39: Modification or from certain obligations. they reach the age of
limit capacity to act Modify/limit capacity to act: age, insanity, imbecility, the state of majority (18 years old)
being a deaf-mute, penalty, prodigality, family relations, alienage,
absence, insolvency, and trusteeship.
NATURAL PERSONS
Art. 40: Commencement - Birth determines personality but the conceived child shall be -For purposes of
of Civil personality considered born for all purposes that are favorable to it. inheritance and
Provided that the conceived child is later born with the succession, a child
Art. 41: conditions to conditions in Art. 41. conceived at the time of
determine when the child - The fetus is considered born if it is alive from the time it was death of the decedent
is considered conceived. completely delivered from the mother’s womb. BUT if the fetus can s
was alive in the womb for less than 7 months it is not deemed
born if it dies within 24 hours it is delivered form the womb.
Art. 42: Civil personality - Death puts an end to civil personality
extinguished at death - Dead person continues to have personality only through
contract, will, or as determined by law. – Creditors can still
claim from the estate of the deceased any obligation due to
them.
- No human body shall be buried unless the proper death
certificate has been presented and recorded however during
an epidemic bodies may be buried provided that the death
certificate be secured within 5 days after the burial.
Art. 43: Doubt between - Applies to persons who are called to succeed each other like
the death of two or more mother and child. (Necessary to determine the amount of
persons inheritance one is to receive, transmission of rights, etc.)
- If there is no proof as to who died first, they are presumed to
have died at the same time and thus no transmission of rights
from one to the other.
- Proof of death cannot be established from mere inference or
presumptions. It must be established by clear positive
evidence.
JURIDICAL PERSONS
Art. 44: Who are juridical JURIDICAL PERSON: Being of legal existence susceptible of rights
persons and obligations.
1. State: organized corporate society under a government with
Art. 45: What governs the legal competence to exact obedience of its commands. It
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juridical persons can enter into treaties and contracts.
- The state cannot be sued without its consent (implied or
Art. 46: Rights and expressed)
obligations of juridical 2. Political subdivisions: municipal corporations that consist of
persons provinces, cities and municipalities. They can be sued because
it is granted by their charters but they are generally not liable
for torts committed in the discharge of their governmental
functions.
3. Corporation: An artificial being created by operation of law
and has the powers and attributes granted to it by the law,
which created it.
4. Partnership: 2 or more persons bind themselves to make
contributions to a common fund with the intention of dividing
the profits among themselves.
*Corporations, partnerships, and associations for private interest and
purpose may be granted a separate and distinct personality from the
shareholders or members (this is known as the veil of corporate
fiction). However, this veil may be pierced, thus making the
shareholders and members liable, when the fiction is used to defeat
public convenience, justify wrong, protect fraud, defend crime,
perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and
entities for public interest or purpose are governed by the laws
creating them.
*Private corporations are regulated by laws of general application on
the subject
*Partnerships are governed by the provisions of this Code concerning
partnerships
*Juridical persons may acquire and possess property of all kinds and
incur obligations in conformity with the laws and regulations of their
organization.
Art. 47: Dissolution of - Upon the dissolution of such entities mentioned above, their
corporations properties and other assets should be disposed of in pursuance
of law or the charter creating it.
- If there is nothing in the law, it shall be applied for a similar
purpose for the benefit of the region/province/city it is in.
CITIZENSHIP AND DOMICILE

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Art. 48: Who are Citizens of the Philippines: Jus Sanguinis: Refers to
citizens of the 1. Those who are citizens at the time of the adoption of the citizenship by blood. This is
Philippines Philippine Constitution. the concept followed in the
2. Those born in the Philippines, before the adoption of the said Philippines.
Art. 49: constitution, with foreign parents who have been elected to public Jus Soli: Refers to
Naturalization and office in the Philippines. citizenship on the basis of
reacquisition of 3. Those whose Fathers are Filipino the place of birth
loss citizenship 4. Those whose mothers are Filipino and elect Philippine Citizenship
when they reach the age of majority. Acquisition of Citizenship:
Art. 50: Domicile 5. Those who are naturalized for a foreigner to be able to
of natural persons DOMICILE: Fixed permanent resident, a place wherein, although one become a Philippine citizen,
may be absent from, one still has the intention of returning and a proper petition shall be
remaining for an unlimited time. There is only one domicile. filed in the proper court.
- A minor follows the domicile of his parents
Change in Domicile: Ground for Reacquisition
1. An actual removal or an actual change or domicile of Citizenship:
2. A bona fide intention of abandoning the former domicile and 1.By naturalization
establishing a new one. 2.Repatriation of deserters
3. Act, which correspond with the purpose (physical presence in the of the Army, Navy or Air
area, move family in area, register as a voter in the area, etc.) Corps. (Woman who has lost
RESIDENCE: Indicates a place of abode whether permanent or her citizenship by reason of
temporary, not necessarily the domicile. There may be more than one marriage to an alien may be
residence. repatriated after the
Art. 51: Domicile - When the law creates or recognizes a juridical person but doesn’t fix termination of her marital
of juridical person the domicile it shall be understood to be the place where it has legal status)
representation 3.By direct act of congress

THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive
Order 209)
REQUISITES OF MARRIAGE:
Article Summary of Annotation Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of Nature of Marriage: *Marriage as a special
permanent union between a man and a woman -Marriage is one of the “basic civil rights of contract cannot be
entered into in accordance with the law for the man.” The freedom to marry has been restricted by
establishment of conjugal and family life. recognized as a vital personal right towards the discriminatory policies of
It is the foundation of the family and an pursuit of man’s happiness. private individuals or
inviolable social institution whose nature, -Still considered as a special civil contract corporations.
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consequences, and incidents are governed by regulated by law due to the high state interest
law and not subject to stipulation, except that in protecting and safeguarding the family. MAIL-ORDER BRIDE:
marriage settlements may fix the property -A contract to marry, unlike other contracts, considered as a criminal
relations during the marriage within the limits cannot be modified or changed. Once it is offense because marriage
provided by the code. executed a relation is formed between the is vested with public
parties that cannot be altered. The law steps in interest. (Connected with
to hold or bind the parties together. the Anti-Trafficking Act)
-A subsequent marriage between the rapist and Acts punished:
raped victim extinguishes the criminal action or 1. Carry on such a
penalty of the rapist. In case of marital rape2 business
2. To advertise the
Marriage Status: Marriage creates a social promotion of such acts.
status, which the state is interested in 3. Solicit or attract or any
protecting. It is a case where a double status is Filipino woman to become
created, involves and affects two persons. a member in a club that
matches women for
Marriage in International Law: men and women marriage to foreign
of full age without any limitation due to race, nationals for a fee.
nationality or religion have the right to marry 4. Use the postal service
and found a family. to promote the prohibited
1. Universal Declaration of Human Rights acts.
2. International Covenant on Economic, Social
and Cultural Rights VALIDITY OF MARRIAGE:
3. International Covenant on Civil and Political governed by the law
Rights. effective at the time of the
celebration of the
Constitutional Protection: The State recognizes marriage.
the sanctity of family life and shall protect and
strengthen it. The state also recognizes
marriage as an inviolable social institution and
the foundation of the family and shall be
protected by the state.
* The constitutional provisions on marriage
however do NOT mean that legislature cannot
enact a law allowing absolute divorce. Marriage
is subject to the control of the legislature but it

2
Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime because it was
considered the right of the husband to have sexual intercourse with his wife whenever he pleased.
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Art 2: No marriage shall be valid unless these
essential requisites are present:
1. Legal capacity of the contracting parties
who must be a male and female.
2. Consent freely given in the presence of
the solemnizing officer
Art. 3: The formal requisites of marriage are:
1. Authority of the solemnizing officer
2. A valid marriage license except in the
cases provided for in Chapter 2 of this
title
3. A marriage ceremony which takes place
with the appearance of the contracting
parties before the solemnizing officer
must not contravene mandates of Constitution.
Property Relations: Only property relations may
be fixed and arranged in a marriage settlement
prior to the marriage ceremony. However it
must still follow the mandatory provisions of the
Family Code.
LEGAL CAPACITY: Marrying age is 18 years old Sex change: has not been
and above, thus if one of the contracting parties shown that sex
is below 18 years of age, the marriage is void. reassignment surgery
- They cannot be related to each other as would allow one to
provided by Art. 37 and Art. 38 produce human beings.
(incestuous marriages and those against
public policy). Thoughts to ponder:
- There should be no previous valid Marriage should no to be
subsisting marriage; otherwise the enjoyed only by
subsequent marriage will be bigamous. heterosexual couples. The
DIFFERENT SEX: There should be a male and a right to marry, found a
female. Marriage is desirable due to the family, identity,
importance of procreation which is one of the personality are all rights of
reasons why same sex marriages are prohibited human beings.
(due to the impossibility of reproduction)
*Parties must be
CONSENT: personally present, proxy
1. Must be freely given marriages is prohibited in
2. Made in the presence of the solemnizing the Philippines.
officer
- Absence of consent makes the marriage
void. However if there is consent but such
was obtained through force, fraud, undue
influence, etc then it is only voidable.
AUTHORITY OF THE SOLEMIZING OFFICER: *Presumption leans
- Those enumerated in Article 7, he must towards the legality of the
have the authority. Thus a priest who has marriage thus the
not renewed his license to marry does not authority of the officer is
have the authority and cannot be presumed absence the
considered for marriage. showing any proof to the
- The Local Government Code (Jan. 1, contrary.
1992) provides that a mayor of a city or
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 and their personal declaration that they municipality may now solemnize Merely Irregularities in
take each other as husband and wife in marriages. marriage license:
the presence of not less than 2 1. Marriage license was
witnesses of legal age. made in a different
Chapter 2 Title 1 of Family Code: exempt place other than
Art. 4: The absence of any of the essential or from license their residence.
formal requisites shall render the marriage 1. Article 27: Both parties are in articulo 2. Name stated therein
void ab initio, except as stated in Article 35 (2) mortis marriage will be valid even if the is different or
(when one of the contracting parties believed ailing party survives. misspelled
in good faith that the solemnizing officer had 2. Article 28: Residence is in a remote place 3. Misrepresentation of
authority then the marriage is valid)  In both cases the solemnizing officer must age (but has to be
state in an affidavit that the marriage was emancipated—18
A defect in any of the essential requisites shall performed as such and that he took years and above)
render the marriage voidable as provided in necessary steps to ascertain the ages and 4. Non-disclosure of
Article 45. that there were no legal impediments to prior marriage and
the marriage. divorce
An irregularity in the formal requisites shall not 3. Article 33: Marriages among Muslims or 5. Falsely stated that
affect the validity of the marriage but the party ethnic cultural communities, as long as he or she had not
or parties responsible for the irregularity shall performed in accordance with their been previously
be civilly, criminally and administratively liable. customs, rites, practices. married.
4. Article 34: Cohabitation by the couple for 6. Falsely swore that
Art. 5: Any male or female of the age of 5 years he or she is not
eighteen years or upwards not under any of * Muslims are governed by Code of Muslim under guardianship.
the impediments mentioned in Articles 37 and personal laws of the Philippines and not the
38 (incestuous marriages and those against Family code but the other ethnic groups must * If the couple have a
public policy.) may contract marriage. comply with the other requisites as they are valid marriage license but
governed by the Family code. forgot to bring it then
Art. 6: No prescribed form or religious rite for 5. Article 34: Cohabitation between man and marriage will be valid (but
the solemnization of the marriage is required. woman for at least 5 years with no legal if they don’t have one and
It shall be necessary, however, for the impediment at time of marriage. procured one after the
contracting parties to appear personally before marriage ceremony the
the solemnizing officer and declare in the VALID MARRIAGE LICENSE: marriage will be void)
presence of not less than two witnesses of - Lasts for 120 days from the date of issue and
legal age that they take each other as husband effective within any part of the Philippines only. * Common law marriages,
and wife. This declaration shall be contained in which are non-ceremonial,
the marriage certificate which hall be signed MARRIAGE CEREMONY: are not recognized in the
by the contracting parties and their witnesses - Family code only recognizes ceremonial Philippines.
and attested by the solemnizing officer. marriages but there is no prescribed form of
marriage ceremony.
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In case of marriage in articulo mortis, when
the party is at the point of 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,
which fact shall be attested by the solemnizing
officer.
Art. 7: Marriage may be solemnized by:
1. Any incumbent member of the judiciary
within the court’s jurisdiction
2. Any priest, rabbi, imam, or minister of
any church or religious sect duly
authorized by his church or religious sect
and registered within the civil registrar
general, acting within the limits of the
written authority granted him by his
church or religious sect and provided
that at least one of the contracting
parties belongs to the solemnizing
officers church or religious sect
3. Any ship captain or airplane chief in
cases mentioned in Article 31
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 cases
mentioned in Article 32 or
5. Any consul-general, consul or vice
consul in the case provided in Article 10.
- The minimum requirement is that the parties
personally appear before the solemnizing officer
and declare that they take each other in the
presence of at least 2 witness of legal age.
* Declaration does not have to be vocally
expressed may be inferred by the words used,
the manner the ceremony was made, etc. If a
wedding took place there is a presumption that
there was an exchange of vows.
* The absence of 2 witnesses of legal age is
merely an irregularity in the ceremony and does
not affect the validity of the marriage.
- There is a need to limit the persons who * Stopovers during a flight
can solemnize marriages since marriage is or voyage are still
an important institution the state wants to considered part of the
safeguard and protect. journey.
- Because the state is interested in
marriage, it becomes a party thereto by *If the host country allows
manifested in the consent required and marriages to be
granted to limited number of officers. solemnized by consuls
JUDGES: they can only solemnize marriages then even if between a
within their jurisdiction and they must be Filipino and non-Filipino,
incumbent. the marriage will still be
Court of Tax Appeals, Sandiganbayan, Court of valid in accordance with
Appeals, Supreme Court: National jurisdiction Art. 26, which recognizes
 Absence of jurisdiction would mean the international comity.
absence of the authority of the
solemnizing officer and thus the marriage
will be null and void. GOOD FAITH OF
PRIEST/MINISTER OF A CHURCH OR RELIGIOUS PARTIES: if the person
SECT: he should be authorized by the church to who solemnized the
do so, he must be registered with the civil marriage did not legally
registry, and at least one of the contracting have the authority to
parties belongs to his or her church. solemnize a marriage, if
SHIP CAPTIAN/PILOT: one of the parties must both or one of the
be at the point of death, the marriage must be contracting parties
between the passengers or crewmembers, and believed that such a
the ship or plane must be at sea or in flight. person did have the
14

Art. 8: The marriage shall be solemnized
publicly in the chambers of the judge or in
open court in the church, chapel or temple, or
in the office of the consul-general, consul or
vice-consul, as the case may be, and not
elsewhere, except in the cases of marriages
contracted at the point of death or in remote
places in accordance with Article 29 of this
Code, or where both of the parties request the
solemnizing officer in writing in which case the
marriage may be solemnized at a house or
place designated by them in a sworn
 An assistant pilot has no authority to authority the marriage will
solemnize marriages even if the main pilot be valid.
dies. Ex. A priest did not renew
MILITARY COMMANDER: He or she should be a his license to marry
military commander of a unit, he or she must be therefore does not have
a commissioned officer (his rank should start the authority to marry. If
from second lieutenant), a chaplain should have one of the contracting
been assigned to the unit and such chaplain is parties knew of this but
absent, the contracting parties must also be in the other did not the
articulo mortis either members of the military marriage is still valid.
operation or civilians, must be within military
zone (there should be widespread military HOWEVER, they must be
activity not merely practice). one of the people who can
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: be authorized if they are
they can only solemnize marriages abroad when not the marriage will be
both the contracting parties are Filipino. void (ignorance of the law
* They also perform the duties of a local civil excuses no one)
registrar (like issuing the license etc.) Ex. A couple goes to a
* No matter where they are the solemnities and janitor to get married.
requirements mandated by Philippine Law shall Even if both parties are in
be observed. good faith in thinking that
MAYOR: Pursuant to the Local Government a janitor can solemnize a
Code, the mayor of a city or municipality can marriage they should
now solemnize marriages. know who by law are
* When the mayor cannot perform his duties, authorized to.
the acting mayor has the authority to solemnize
marriages.
- Not mandatory but directory in nature.
- Its non-compliance will not make the
marriage void but will only cause civil,
criminal, or administrative liability.
Exceptions to venue stated:
1. When the marriage is in articulo mortis
2. When the marriage is in a remote place
(transportation etc. is difficult to come by)
3. When requested by both parties in
writing.
15
statement to that effect.
Art. 9: A marriage license shall be issued by
the local civil registrar of the city or
municipality where either contracting party
habitually resides, except in marriages where
no license is required in accordance with
Chapter 2 of this Title.
Art. 10: Marriages between Filipino citizens
abroad may be solemnized by a consul-
general, consul or vice consul of the Republic
of the Philippines.
The issuance of the marriage license and the
duties of the local civil registrar and of the
solemnizing officer with regard to the
celebration of marriage shall be performed by
said consular official.
Art. 11: Where a marriage license is required,
each of the contracting parties shall file
separately a sworn application for such license
with the proper local civil registrar which shall
specify the following:
1. Full name of the contracting parties
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
dissolved or annulled
6. Present residence and citizenship
7. Degree of relationship of the contracting
parties
8. Full name, residence and citizenship of
the father
9. Full name, residence and citizenship of
the mother
10. Full name, residence and
citizenship of the guardian or person
having charge, in case the contracting
parties has neither father nor mother
- The marriage license should be procured from
the civil registrar of the city or municipality
where either of them resides. However if they
obtain it from another place it is merely an
irregularity and does not affect the validity of
the marriage.
- The consular officials absorb the duties of
the local civil registrar and the
solemnizing officer when Filipinos wish to
be married abroad.
- The ceremony and requirements should
be in accordance with Philippine law.
- Stating all relevant facts needed in order
to determine legal capacity to marry and
the eligibility of the parties.
- Main purpose is to discourage deception,
and relieve from doubt the status of
parties who live together.
- Provides evidence of the status and
legitimacy of offspring.
MARRIAGE APPLICATION: the civil registrar has
to process and issue a marriage license. Even if
the civil registrar knows of a legal impediment
he cannot discontinue unless stopped by the
court. (This is to prevent bribery and abuse by
the civil registrar)
16
 and is under the age of twenty one
years.
The applicants, their parents or guardians shall
not be required to exhibit their residence
certificate in any formality in connection with
the securing of the marriage license.
Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of - Emancipation is obtained
the original birth certificates or, in default thereof, the baptismal certificates of the contracting at 18; marriage no longer
parties or copies of such documents duly attested by the persons having custody of the originals. emancipates a child
These certificates or certified copies of the documents by this Article need not be sworn to and because they must be 18
shall be exempt from the documentary stamp tax. The signature and official title of the person years of age to marry.
issuing the certificate shall be sufficient proof of its authenticity. - Contracting parties 18
years old and above but
If either of the contracting parties is unable to produce his birth or baptismal certificate or a BELOW 21 years of age
certified copy of either because of the destruction or loss of the original or if it is shown by an must obtain the consent of
affidavit of such party or of any other person that such birth or baptismal certificate has not yet their father, mother,
been received though the same has been required of the person having custody thereof at least surviving parent, or
fifteen days prior to the date of the application, such party may furnish in lieu thereof his current guardian in the order
residence certificate or an instrument drawn up and sworn to before the local civil registrar mentioned. (Non-
concerned or any public official authorized to administer oaths. Such instrument shall contain the compliance makes the
sworn declaration of two witnesses of lawful age, setting forth the full name, residence and marriage annullable)
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 kin of the contracting parties shall be preferred as
witnesses, or, in their default, persons of good reputation in the province or the locality.

The presentation of birth or baptismal certificate shall not be required if the parents of the
contracting parties appear personally before the local civil registrar concerned and swear to the
correctness of the lawful age of said parties, as stated in the application, or when the local civil
registrar shall, by merely looking at the applicants upon their personally appearing before him, be
convinced that either or both of them have the required age.

Art. 13. In case either of the contracting parties has been previously married, the applicant shall
be required to furnish, instead of the birth or baptismal certificate required in the last preceding
article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce,
or the judicial decree of annulment or declaration of nullity of his or her previous marriage.

In case the death certificate cannot be secured, the party shall make an affidavit setting forth this
circumstance and his or her actual civil status and the name and date of death of the deceased
spouse.
17
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 and twenty-one, they shall, in addition to
the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their
marriage of their father, mother, surviving parent or guardian, or persons having legal charge of
them, in the order mentioned. Such consent shall be manifested in writing by the interested
party, who personally appears before the proper local civil registrar, or in the form of an affidavit
made in the presence of two witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in both applications for marriage
license, and the affidavit, if one is executed instead, shall be attached to said applications.

Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to - Absence of parental
ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice does not affect the
advice, or if it be unfavorable, the marriage license shall not be issued till after three months marriage.
following the completion of the publication of the application therefore. A sworn statement by the - Only delays the issuance
contracting parties to the effect that such advice has been sought, together with the written of the marriage license for
advice given, if any, shall be attached to the application for marriage license. Should the parents 3 months but after 3
or guardian refuse to give any advice, this fact shall be stated in the sworn statement. months the license must
be issued.
Art. 16. In the cases where parental consent or parental advice is needed, the party or parties
concerned shall, in addition to the requirements of the preceding articles, attach a certificate
issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this
Code or a marriage counselor duly accredited 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 suspend the issuance of the marriage license for a period of three
months from the completion of the publication of the application. Issuance of the marriage license
within the prohibited period shall subject the issuing officer to administrative sanctions but shall
not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other
party must be present at the counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a - It is the duty of the civil registrar to post a -
notice, which shall contain the full names and notice informing the public of the impending
residences of the applicants for a marriage marriage. The purpose of which is so that
license and other data given in the applications. persons having knowledge of any impediment
The notice shall be posted for ten consecutive to the marriage can inform the local civil
days on a bulletin board outside the office of registrar.
the local civil registrar located in a conspicuous - It is to be posted for 10 consecutive days on a
18
place within the building and accessible to the bulletin board outside the office
general public. This notice shall request all - The civil registrar shall be issued after the
persons having knowledge of any impediment period of publication.
to the marriage to advise the local civil registrar
thereof. The marriage license shall be issued
after the completion of the period of
publication.
Art. 18: In case of any impediment known to - If an impediment is made known to the civil EXCEPTIONS:
the local civil registrar or brought to his registrar he shall merely note it down but he 1. The courts direct
attention, he shall note down the particulars must nonetheless issue the license. This is civil registry to
thereof and his findings thereon in the because the impediments may not be valid at refuse giving out the
application for marriage license, but shall all. license
nonetheless issue said license after the 2. When the requited
completion of the period of publication, unless - The purpose of which is to prevent graft and certificate of legal
ordered otherwise by a competent court at his corruption on the part of the civil registry. capacity of
own instance or that of any interest party. No foreigners is not
filing fee shall be charged for the petition nor a - If the marriage license was issued despite given (Art. 21)
corresponding bond required for the issuances court intervention, the marriage will still be
of the order. valid but the parties responsible may be
criminally or administratively liable.
Art. 19. The local civil registrar shall require
the payment of the fees prescribed by law or
regulations before the issuance of the marriage
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 of charge to indigent parties, that is
those who have no visible means of income or
whose income is insufficient for their
subsistence a fact established by their affidavit,
or by their oath before the local civil registrar.
Art. 20: The license shall be valid in any part of - The marriage license is only valid within
the Philippines for a period of one hundred the Philippines and not abroad.
twenty days from the date of issue, and shall - It is good for 120 days from the date of
be deemed automatically canceled at the issue.
expiration of the said period if the contracting
parties have not made use of it. The expiry
date shall be stamped in bold characters on the
face of every license issued
19
Art. 21: When either or both of the contracting - A certificate of legal capacity is meant to * The civil registry cannot
parties are citizens of a foreign country, it shall show that a foreigner is capacitated to issue a license without the
be necessary for them before a marriage marry in his or her country. The certificate of legal capacity
license can be obtained, to submit a certificate Philippines adheres to the national law of however if the civil
of legal capacity to contract marriage, issued by the contracting parties with respect to registry does issue the
their respective diplomatic or consular officials. their legal capacity to contract marriage. marriage will still be valid.
Ex. In the US 16 years old is the age when one
Stateless persons or refugees from other can contract marriage. A 16-year-old US citizen
countries shall, in lieu of the certificate of legal may contract marriage in the Philippines
capacity herein required, submit an affidavit provided that he gives a certificate from his
stating the circumstances showing such embassy stating that 16 years old is the legal
capacity to contract marriage. age to marry.
- If both are citizens of a foreign country and
they are married in their embassy there is no
need to follow the requirement of marriage in
the Philippines, only those of their country.
-If one is a foreigner and one is a Filipino even
if they marry in the consul of the foreigner the
certificate of legal capacity and a marriage
license is still necessary.
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as *Presumption is always in
husband and wife, shall also state: the validity of marriage.
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence Proofs of marriage:
3. The date and precise time of the celebration of the marriage 1. Marriage contract or
4. That the proper marriage license has been issued according to law, except in marriage certificate
provided for in Chapter 2. Photocopies of the
2 of this Title certificate or
5. That either or both of the contracting parties have secured the parental consent in appropriate contract from the
cases local civil registry
6. That either or both of the contracting parties have complied with the legal requirement 3. Family bible
regarding parental 4. Baptismal, birth
advice in appropriate cases and certificates of kids
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof. 5. Judicial decisions
6. Testimonies of
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the parties, witness,
contracting parties the original of the marriage certificate referred to in Article 6 and to send the solemnizing officers
duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to 7. Cohabitation and
the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be conduct
20
issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage 8. Statement in a will
certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage * A certificate of marriage
certificate, the copy of the marriage certificate, the original of the marriage license and, in proper made years after the
cases, the affidavit of the contracting party regarding the solemnization of the marriage in place marriage is inadmissible
other than those mentioned in Article 8. as evidence.

Art. 24: It shall be the duty of the local civil - The local civil registrar is the government
registrar to prepare the documents required by official charged with the preparation and the
this Title, and to administer oaths to all keeping of all the official documents.
interested parties without any charge in both
cases. The documents and affidavits filed in
connection with applications for marriage
licenses shall be exempt from documentary
stamp tax.

Art. 25. The local civil registrar concerned shall

enter all applications for marriage licenses filed
with him in a registry book strictly in the order
in which the same are received. He shall record
in said book the names of the applicants, the
date on which the marriage license was issued,
and such other data as may be necessary
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force
in the country where they were solemnized,
and valid there as such, shall also be valid in
this country, except those prohibited under
Articles 35 (1), (4), (5) and (6), 3637 and 38.
(17a)
Where a marriage between a Filipino citizen and solemnize a marriage and a Filipino couple gets
a foreigner is validly celebrated and a divorce is married in Vietnam by a doctor such marriage
thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry
under Philippine law.
- Art. 26 refers to formal requisites only, EXCEPTIONS to
however the marriage must still be international comity:
solemnized. -Either or both contracting
- Marriages that are solemnized abroad parties are Filipinos and
and are recognized as valid there will below 18 years of age
also be recognized as valid here -Polygamous and
(international comity) bigamous marriages
Ex. If in Vietnam a doctor is authorized to recognized abroad will not
be valid here.
-Marriage abroad where
will be considered valid in the Philippines. there is mistake of identity
of the other contracting
PROOF OF FOREIGN MARRIAGE: necessary to party is not recognized
prove the foreign law and then prove the here.
celebration of marriage. If the law of the other -Marriage by a Filipino to
state is not pleaded nor proved the laws of the one who is psychologically
Philippines will be presumed to be similar to incapacitated is not valid
21
that of foreign laws. here
-Marriages that are
REMEMBER THE LAWS: incestuous are not valid
ART. 15: laws relating to family rights and here even if celebrated
duties, or to the status, conditions and legal abroad and valid there.
capacity of persons are binding upon citizens of (Art. 37)
the Philippines even living abroad. -Marriages against public
policy are not valid here
ART. 17: prohibitive laws concerning persons, either (Art. 38)
their acts or property and those which have for -Common law marriages
their object public order, public policy and good are not recognized here,
customs shall not be rendered ineffective by the marriage must still be
laws or judgments promulgated, or by solemnized and not
determinations or conventions agreed upon in a contracted.
foreign country -Same sex marriages
between Filipinos are not
ABSOLUTE DIVORCE: valid even if done abroad.
Absolute divorce is not recognized in the
Philippines; even if the couple was married * If a Filipino contracts a
abroad the divorce will not be recognized here foreign marriage which is
if one of them is a Filipino. The divorce may be null and void under the
recognized in the foreign country where it was laws of the state where it
obtained but not in the Philippines. But the has been solemnized then
divorce of a foreign citizen abroad is recognized such marriage will likewise
in the Philippines as the Philippines recognizes be null and void in the
legal capacity of a foreign person. Philippines.
*If a Filipino changes citizenship then he can
get a *If a marriage celebrated
divorce and if he reacquires his Filipino abroad is invalid in that
citizenship country but considered
after that the divorce will still hold. valid in the Philippines, the
- If a Filipina marries a foreigner and the marriage will still be
foreigner obtains a divorce, the Filipina invalid. The law where the
can marry. marriage has been
- If the Filipina obtains a divorce although solemnized shall apply.
not recognized in the Philippines, it will
be recognized against the foreigner and
thus the foreigner will not have legal
standing to sue for adultery or claim for
22
 property after the divorce.

MARRIAGES EXEMPT FROM LICENSE REQUIREMENT

Art. 27: In case either or both of the - Solemnizing officers and the mayor are
contracting parties are at the point of death, empowered to solemnize marriages even
the marriage may be solemnized without without a marriage license if either or
necessity of a marriage license and shall remain both of the contracting parties are at the
valid even if the ailing party subsequently point of death.
survives. - Even if the ailing party survives after the
marriage, the marriage will still be valid.
Art. 28. If the residence of either party is so - This envisions a situation wherein the
located that there is no means of transportation residence of either party is so located that
to enable such party to appear personally there is no means of transportation to enable
before the local civil registrar, the marriage such party to appear personally before the local
may be solemnized without necessity of a civil registrar, the marriage may be solemnize
marriage license. without a marriage license.
Art. 29: In the cases provided for in the two - The solemnizing officer here are those
preceding articles, the solemnizing officer shall authorized to solemnize under Article 7
state in an affidavit executed before the local and the mayor provided that they
civil registrar or any other person legally solemnize the marriage within their
authorized to administer oaths that the jurisdiction and within the authority given
marriage was performed in articulo mortis or to them.
that the residence 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 before the local civil
registrar and that the officer took the necessary
steps to ascertain the ages and relationship of
the contracting parties and the absence of legal
impediment to the marriage.
Art. 30: The original of the affidavit required in
the last preceding article, together with the
legible copy of the marriage contract, shall be
sent by the person solemnizing the marriage to
the local civil registrar of the municipality where
it was performed within the period of thirty
days after the performance of the marriage.
Art. 31: A marriage in articulo mortis between - A pilot or ship captain may solemnize * If something happens to
passengers or crew members may also be only marriages at the point of death the main or principal pilot
23
solemnized by a ship captain or by an airplane
pilot not only while the ship is at sea or the
plane is in flight, but also during stopovers at
ports of call.
Art. 32: A military commander of a unit, who is
a commissioned officer, shall likewise have
authority to solemnize marriages in articulo
mortis between persons within the zone of
military operation, whether members of the
armed forces or civilians.
Art. 33: Marriages among Muslims or among
members of the ethnic cultural communities
may be performed validly without the necessity
of marriage license, provided they are
solemnized in accordance with their customs,
rites or practices.
Art. 34: No license shall be necessary for the
marriage of a man and a woman who have
lived together as husband and wife for at least
five years and without any legal impediment to
marry each other. The contracting parties shall
state the foregoing facts in an affidavit before
any person authorized by law to administer
oaths. The solemnizing officer shall also state
while the plane is in flight or the ship is the second in command
at sea even during stopovers (it is still cannot solemnize
considered part of the flight/voyage). marriages. (They are not
- They can only solemnize marriages authorized to by law)
between their passengers and crew
members
- The military commander must be a
commissioned officer (his/her rank
should start from 2nd lieutenant, ensign
and above)
- He should be a commander of a unit.
- There should be a chaplain assigned to
the unit
- The marriage should be at the point of
death and in the absence of the chaplain
assigned
- The marriage must be solemnized within
the zone of military operations.
- The contracting parties may either be
member of the armed forces or civilians.
- Marriages between parties that belong to
ethnic groups, pagans or Muslims are
exempt only from procuring a marriage
license. The marriage must still be
solemnized in accordance with their
customs, rites and practices.
- Muslims are governed by the Code of
Muslim Personal Laws of the Philippines
thus they are not governed by the Family
Code unlike other ethnic groups who do
not have separate laws.
- Persons cohabiting for at least 5 years *The solemnizing officer
living together as husband and wife are shall also state under oath
exempt from obtaining a marriage that he ascertained the
license. qualifications of the parties
- At the time of marriage, they should be and that he found no legal
without any legal impediment to marry impediment. The fact that
each other. Thus during the 5 year the officer to investigate
period, it is not necessary that there is shall not invalidate the
24
under oath that he ascertained the no legal impediment it is only necessary marriage.
qualifications of the contracting parties are at the time of marriage that there is
found no legal impediment to the marriage. none.
- The parties shall state the fact of their
cohabitation and the absence of any legal
impediment to marry in an affidavit
under oath.

Matters that don’t affect the validity of the marriage:

Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to
give the marriage license.

Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.

Article 35: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in
marriages after 5 years of cohabitation.

MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial
declaration of nullity).
Art. 35: The following marriages shall be void Article 2, 3, 4: when all the essential and formal requisites of a marriage
from the beginning: are absent
(1) Those contracted by any party below - Only marriages declared by the legislature, as void should be treated
eighteen years of age even with the consent of as such. There can be no other void marriage except those provided by
parents or guardians; law.
(2) Those solemnized by any person not legally
authorized to perform marriages unless such Void Marriage Voidable
marriages were contracted with either or both Can’t be a source of rights Can be source of rights
parties believing in good faith that the Can’t be ratified Ratified by prescription
solemnizing officer had the legal authority to do or cohabitation
so; Can be attacked Can only be attacked
(3) Those solemnized without license, except collaterally. directly
those covered the preceding Chapter; Can be questioned after Only assailed during
(4) Those bigamous or polygamous marriages death of parties lifetime of parties
not failing under Article 41; Action for nullity has no Action prescribes
(5) Those contracted through mistake of one prescription
contracting party as to the identity of the - Estoppel or acquiescence does not apply to remedy the infirmity of a
other; and
25
(6) Those subsequent marriages that are void void marriage. Thus if one of the parties stated under oath that they
under Article 53. were 25 when they were actually 16 the marriage is void despite the
oath.
- Good faith and bad faith generally is immaterial in void marriages
except: when either of the parties believed in good faith that the
solemnizing officer had the authority to solemnize the marriage when
in fact he had none. Second, in case the spouse disappears for 4 years
or 2 years in proper cases the present spouse may marry again if there
is a judicial declaration of presumptive death and at the time of the
celebration of marriage either spouse is in good faith that the absent
spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially
declared presumptively dead. H later on is to marry W2. W2 however
sees W the day before the wedding but does not tell H. As long as H is
in good faith and does not know of the presence of W the marriage will
still be valid.
- Generally evidence other than a judicial declaration of nullity can be
presented except (direct attack needed) for purposes of remarriage,
validity of marriage is essential to the determination of the case, and
when a donor desires to revoke a donation propter nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental
consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into
consideration.
Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and
female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith
that he had such authority. The good faith of the party is what is referred to
not the solemnizing officer.
- Unless it was ignorance of the law then the marriage will be void. The
person must be one of the people in Article 7 thus if a couple is married by a
janitor, them believing that a janitor can celebrate a marriage, the marriage
will be void.
Exception: Marriage was done abroad and such officer is valid in that country
26
 BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or
women from contracting a subsequent marriage when their consort is still
alive.
Exception:
- That mentioned in Article 41 regarding appearance of a spouse after a
declaration of presumptive death.
- Those provided for under the Muslim code.
- When the first marriage was actually void with a judicial declaration of
nullity. Without judicial declaration of nullity then 2nd marriage will be
void under Article 40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity
of the marriage. Here the contracting party absolutely did not intend to
marry the other, as the same is not the person he or she actually knew
before the marriage.
Does not include: mistake in name, character of person, attributes, age,
social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition
in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and
void must undertake the liquidation, partition and distribution of their
properties, delivery of presumptive legitimes, etc. to be able to remarry.
Art. 36: A marriage contracted by any party Psychological incapacity to comply with the P.I. Insanity
who, at the time of the celebration, was essential marital obligation of marriage at the Cannot be Can be
psychologically incapacitated to comply with time of marriage, even if it becomes manifest cured cured
the essential marital obligations of marriage, after the solemnization of the marriage. No consent Consent
shall likewise be void even if such incapacity - Not defined and thus left on a court-to- present can be
becomes manifest only after its solemnization. court basis. A person may actually be since he given
efficient in doing other things such as his does not during lucid
profession but with regards to his married know the interval
life it can be different. true
- Not just stubborn refusal but attributed to meaning of
psychological causes (not necessarily marriage
insane)
- Lacking in the exercise of the judgment PROOF to show P.I.:
not lack of judgment 1. Observe of duties
- True inability to commit oneself to the (living together, etc.)
essentials of marriage – psychosexual 2. Procreation
disorders or other personality disorders 3. Obligation of parents
27
 - Inability to commit to the essentials of to children.
marriage – procreation, education of 4. Senseless and
offspring, community of life and love protracted refusal to
have intercourse
5. Unreasonable
attachment to ones
Must be characterized by: other family or
1. Gravity- grave or serious barkada
2. Juridical antecedence – rooted in history 6. Transvestism
of the party and may manifest after the 7. Indulgence of private
marriage. fantasy
3. Incurability 8. Alcohol/substance
abuse
Jurisprudential Guidelines (CA v. Molina): 9. Extreme immaturity
1. Burden of proof to show the nullity of
marriage belongs to the plaintiff.
2. Root cause must be medically or clinically
identified, alleged in the complaint,
sufficiently proven by experts, clearly
explained by the decision, must be
psychological not physical.
3. Proven to be existing at the time of the
celebration of the marriage
4. Must be incurable (may be absolute or
relative to the given spouse)
5. Must be grave
6. Essential marriage obligations are those
embraced in articles 68 to 713 and
Articles 220, 221, 225 with regards to
parents and children.
7. Interpretations in National Appellate
Matrimonial tribunal of Catholic Church
though not binding are persuasive
Art. 37: Marriages between the following are Reasons to Condemn Incestuous Marriages: * The relationship being
incestuous and void from the beginning, 1. Abhorrent to nature legitimate or illegitimate is

3
Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the domicile and in case of
disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other conjugal obligations shall be paid from community
property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of both spouses.
28
whether relationship between the parties be
legitimate or illegitimate:
(1) Between ascendants and descendants of
any degree; and
(2) Between brothers and sisters, whether of
the full or half blood.
Art. 38: The following marriages shall be void
from the beginning for reasons of public policy
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-
law;
(4) Between the adopting parent and the
adopted
child;
(5) Between the surviving spouse of the
adopting
parent and the adopted child;
(6) Between the surviving spouse of the
adopted child
and the adopter;
(7) Between an adopted child and a legitimate
child of
the adopter;
(8) Between adopted children of the same
adopter;
(9) Between parties where one, with the
intention to
marry the other, killed that other person's
spouse, or
his or her own spouse.
2. Brings about confusion of rights and immaterial
duties
3. Deficient and degenerate offspring
4. Control sex rivalries within families
5. To guide one towards the creation of new
nuclear family
6. Brings about confusion with status
- Simulates blood relations although legal fiction (bond created by law,
against public policy)
COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but
to a lesser degree.
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not
provide that marriages between collateral blood relatives by the half-blood
are prohibited.
Case Law: In Re: Simms Estate
- Because of specification in brothers and sisters and no specification
with uncles and nieces, marriage between uncles and nieces are not
prohibited
- Unlike ruling in Audley where it deemed it was unnecessary
- Marriage between uncles and nieces who are half-blood is valid due to
the presumption in favor of marriage.
RELATIONSHIP BY AFFINITY (made through marriage): The only marriages
by affinity prohibited in the Family Code are marriages between stepparents
and stepchildren and parents-in-law and children-in-law. (May destroy the
peacefulness in family relations)
 Stepbrother and stepsister can marry each other since not
included in the prohibition.
*In the event that the marriage is annulled or nullified or in the event that
the marriage is terminated by death affinity is terminated and thus those that
were prohibited due to affinity can now marry each other. Unless there are
living issues (children) in whom the blood of the parties continue to
commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter Adopted
The adopted The adopter
The surviving spouse of the adopted The surviving spouse of adopter
(Envisions that the marriage was (Envisions that the marriage was
terminated due to death. But if the terminated due to death. But if the
29
 marriage was terminated after the
finality of a nullity or annulment
decree then they can get married)
marriage was terminated after the
finality of a nullity or annulment
decree then they can get married)
Legitimate children of adopter
Other adopted children of the
adopter

Who can they marry:

Adopter Adopted
Children of adopted Parents of adopter
Natural parent Illegitimate child of the adopter
Other relatives Other relatives
Spouse of adopted if alive and not Spouse of adopter if alive and not
married to adopted married to adopter

INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an

intention to marry the other person, if not then not considered against public
policy.
Ex. A wanted to marry B. B was married to C. A kills C because C stole from
A. Then A later on marries B. Such a marriage is valid.
*No criminal conviction is necessary mere preponderance of evidence is
required to prove the killing.

Art. 39: The action or defense for the
declaration of absolute nullity of a marriage
shall not prescribe
Art. 40: The absolute nullity of a previous
marriage may be invoked for purposes of
- Time to file an action for declaration of
nullity of a marriage or to invoke such
nullity as a defense does not prescribe.
- Either party in a void marriage can file a
nullity case even though such party is the
wrongdoer. Only husband and wife can
file a court case declaring the marriage
void. But it can still be collaterally
attacked by any interested party in any
proceeding where the determination of
the validity of marriage is necessary to
give rise to certain rights.
- A judicial declaration of marriage is the * The subsequent marriage
only acceptable proof so that a party can is not considered bigamous

30
remarriage on the basis solely of a final
judgment declaring such previous marriage
void.
In relation to:
Art. 52: The judgment of annulment or of
absolute nullity of the marriage, the partition
and distribution of the properties of the
spouses and the delivery of the children's
presumptive legitimes shall be recorded in the
appropriate civil registry and registries of
property; otherwise, the same shall not affect
third persons.
Art. 53: Either of the former spouses may
marry again after compliance with the
requirements of the immediately preceding
Article; otherwise, the subsequent marriage
shall be null and void.
Art. 41: A marriage contracted by any person
during subsistence of a previous marriage shall
be null and void, unless before the celebration
of the subsequent marriage, the prior spouse
had been absent for four consecutive years and
the spouse present has a well-founded belief
that the absent spouse was already dead. In
case of disappearance where there 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 sufficient.
For the purpose of contracting the subsequent
marriage under the preceding paragraph the
spouse present must institute a summary
proceeding as provided in this Code for the
declaration of presumptive death of the
absentee, without prejudice to the effect of
reappearance of the absent spouse.
Art. 43: The termination of the subsequent
contract a subsequent valid marriage. since the first marriage is
Without it the subsequent marriage will not valid. In a bigamous
be considered void. marriage the first
- In connection with it, Articles 52 and 53 subsisting marriage is
which has to do with the liquidation, valid.
partition and distribution of the properties Bigamy envisions 2 valid
without which the marriage will likewise marriages. If the first or
be void. the second marriage is
BIGAMY: Committed by any person who shall void then there can be no
contract a second or subsequent marriage bigamy.
before the former marriage has been legally
dissolved or before the absent spouse has been
declared presumptively dead by judgment.
- Marriage becomes void not because of bigamy
but because of certain impositions in law that
must be done before contacting a second
marriage.
*Without article 40 one cannot perform Article
52.
- A declaration of presumptive death is Exception: Prior spouse
needed for the absentee in order to has been absent for 4
contact a new marriage. consecutive years and
Article 42: The subsequent marriage made will there is a well founded
become void with the recording of the affidavit belief (must exercise due
of reappearance of the subsequent spouse. diligence to ascertain
Such notice will be filed in the civil registry of whereabouts or if she is
the residence of the parties in subsequent dead or alive) that absent
marriage, and give them due notice- ONLY spouse is dead (2 years
CASE WHERE MARRIAGE IS TERMINATED will suffice if there was
EXTRAJUDICIALLY. Any interested party can file danger of death)
for the affidavit of reappearance.
Exception to 42: if the affidavit is fraudulent
then it is ineffectual.
- Applies to Article 40, Article 41 and voidable *Donation made between
31
marriage referred to in the preceding Article
shall produce the following effects
(1) The children of the subsequent marriage
conceived prior to its termination shall be
considered legitimate;
(2) The absolute community of property or the
conjugal partnership, as the case may be, shall
be dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her
share of the net profits of the community
property or conjugal partnership property shall
be forfeited in favor of the common children or,
if there are none, the children of the guilty
spouse by a previous marriage or in default of
children, the innocent spouse;
(3) Donations by reason of marriage shall
remain valid, except that if the donee
contracted the marriage in bad faith, such
donations made to said donee are revoked by
operation of law;
(4) The innocent spouse may revoke the
designation of the other spouse who acted in
bad faith as beneficiary in any insurance policy,
even if such designation be stipulated as
irrevocable; and
(5) The spouse who contracted the subsequent
marriage in bad faith shall be disqualified to
inherit from the innocent spouse by testate and
intestate succession.
marriages. persons who are guilty of
STATUS OF CHILDREN: Children conceived adultery or concubinage at
during the subsequent marriage contemplated the time of the donation is
in Art. 41 are legitimate even if one of the void.
contracting parties is in bad faith.
EFFECT OF TERMINATION ON THE
PROPERTY REGIME: The property regime shall
be dissolved and liquidated. After the payment
of all debts, the spouses shall divide the net
profits of the property equally or in accordance
with the stipulated sharing. If a spouse acted in
bad faith, the guilty spouse shall not get his
share in the net profits (his/her share will be
forfeited in favor of the common children, if
none the children of the guilty spouse by a
previous marriage, if none to the innocent
spouse.
DONATIONS BY REASON OF MARRIAGE: If
both parties are in good faith, the donation shall
be valid. If the donee acted in bad faith in
contracting the marriage, the donation by
reason of marriage is terminated by operation
of law. If both are in bad faith neither can
recover what they have given.
DESIGNATION AS BENEFICIARY IN
INSURANCE POLICY: The innocent spouse has
the choice of revoking the beneficiary in an
insurance policy even if the policy is irrevocable.
(Should inform the insurance company)
DISQUALIFICATION AS TO INHERITANCE:
The spouse who acted in bad faith shall be
disqualified to inherit from the innocent spouse.
If both spouses are in bad faith according to
Article 44 the marriage is void and the parties
cannot inherit.
32
Art. 44: If both spouses of the subsequent
marriage acted in bad faith, said marriage shall
be void ab initio and all donations by reason of
marriage and testamentary dispositions made
by one in favor of the other are revoked by
operation of law.
- The marriage shall be considered void
only if both spouses in the subsequent
marriage are in bad faith.
- The good faith of the spouse must be
present up to the time of the celebration
of the subsequent marriage.

VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for
annulment (exclusive).
Article Annotation Exception/ Filing:
Article 45: Must exist at the time of - The parents of the child can annul the Party to file suit: Parent or guardian
marriage marriage at any time prior to the time before the child reaches 21 and the party
1. That the party in whose behalf it is the child reaches the age of 21. who did not obtain consent within 5
sought to have the marriage annulled years after reaching 21.
was eighteen years of age or over but Ratification: Through cohabitation after
below twenty-one, and the marriage was reaching the age of 21 years old.
solemnized without the consent of the
parents, guardian or person having
substitute parental authority over the
party, in that order, unless after attaining
the age of twenty-one, such party freely
cohabited with the other and both lived
together as husband and wife
2. That either party was of unsound - Must be clear that illness is serious that * If the spouse knew that the spouse was
mind, unless such party after coming to cannot understand marriage contract at insane prior to the celebration of the
reason, freely cohabited with the other as the time of the marriage. marriage she cannot annul the marriage.
husband and wife
Ratification: Through cohabitation by the Party to file suit: Sane spouse without
person with the unsound mind after he knowledge before the death of either
has come to reason party, relative or guardian of insane at
*Once ratified the marriage will be valid any time before the death of either party,
and no longer annullable even if the and insane spouse before the death of
insanity comes back. either party.

33
3. That the consent of either party was
obtained by fraud, unless such party
afterwards, with full knowledge of the
facts constituting the fraud, freely
cohabited with the other as husband and
wife
Article 46: Fraud: existing at time of
marriage
1. Non-disclosure of previous
conviction by final judgment of a
crime involving moral turpitude.
2. Concealment of the wife of the fact
that she was pregnant at the time
of marriage by another man.
3. Concealment of STD regardless of
its nature existing at the time of
the marriage.
4. Concealment of drug addiction,
habitual alcoholism, or
homosexuality or lesbianism
existing at the time of the
marriage.
*No other misrepresentations will be Exception to 46(2): If the woman was
acceptable to constitute fraud to annul a unchaste and the man knew of her
marriage. unchaste character.
PREVIOUS CONVICTION: No need for Exception to 46(2): If woman did not
investigation on the part of the party but inform the man but pregnancy was
there must be a final judgment. apparent.
CONCEALMENT OF PREGNANCY:
Concealment must be done in bad faith. Party to file suit: Injured party within 5
Thus, if the woman truly believed she years after the discovery of fraud
was not pregnant when she was the
marriage cannot be annulled.
- Misrepresentation that she was
pregnant to induce the man to
marry her when she was in fact not
pregnant is not considered for
annulment.
CONCEALMENT OF STD: Nature or
gravity is irrelevant; the fact that it was
concealed was enough.
CONCEALMENT OF ADDICTIONS: No
exact meaning but has been defined as
persistent habit of becoming intoxicated,
irresistible habit.
*Does not need to get drunk all the time,
the habit of becoming periodically drunk
and being unable to resist when the
opportunity arises.
CONCEALMENT OF GENDER
PREFERENCE: considers the effect on the
injured spouse in performing his/her
marital duties. Mental fitness, health, etc.
Does not nurture a natural and
wholesome family,
Ratification: Cohabitation after the
innocent spouse has full knowledge of
the facts constituting the fraud
34
4. That the consent of either party was
obtained by force, intimidation or undue
influence, unless the same having
disappeared or ceased, such party
thereafter freely cohabited with the other
as husband and wife;
5. That either party was physically
incapable of consummating the marriage
with the other, and such incapacity
continues and appears to be incurable
- Violence here may be physical or moral.
- Intimidation is when there is a
reasonable and well-rounded fear of an
imminent and grave evil upon his person
or property.
Ratification: Cohabitation after the cause
of the vitiated consent ceases.
- Permanent inability on the part of one
of the spouses to perform the complete
act of sexual intercourse (must be
incurable).
- Can originate from a psychological
problem, which affects the physical.
- Must exist at the time of the marriage.
- May be caused both by husband and
wife.
Party to file the suit: Injured party within
5 years from the time the force,
intimidation or undue influence
disappeared or ceased.
Exception: Sterility is not considered
impotency because he can still engage in
sexual coition. Organs for conception not
necessary because there is still passion.
Party to file the suit: Within 5 years after
the marriage ceremony

NO RATIFICATION by cohabitation
Rule of triennial cohabitation:
presumption of impotence arises when
wife remains a virgin after 3 years from
the time of marriage.

6. That either party was afflicted with a No ratification by cohabitation

sexually-transmissible disease found to
be serious and appears to be incurable
Art. 48: In all cases of annulment or
declaration of absolute nullity of
marriage, the Court shall order the
prosecuting attorney or fiscal assigned to
it to appear on behalf of the State to take
steps to prevent collusion between the
parties and to take care that evidence is
not fabricated or suppressed
In the cases referred to in the preceding
paragraph, no judgment shall be based
upon a stipulation of facts or confession
of judgment
- The state will ensure the
prevention of collusion between
the parties (who may make up a
ground to annul the marriage) and
to ensure that the evidence is not
fabricated
- No judgment shall be based on a
confession and a stipulation of
facts only.
35
Art. 49: During the pendency of the
action and in the absence of adequate
provisions in a written agreement
between the spouses, the Court shall
provide for the support of the spouses
and the custody and support of their
common children. The Court shall give
paramount consideration to the moral
and material welfare of said children and
their choice of the parent with whom
they wish to remain as provided to in
Title IX. It shall also provide for
appropriate visitation rights of the other
parent.
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 marriages which are
declared ab initio or annulled by final
judgment under Articles 40 and 45.
The final judgment in such cases shall
provide for the liquidation, partition and
distribution of the properties of the
spouses, the custody and support of the
common children, and the delivery of
third presumptive legitimes, unless such
matters had been adjudicated in previous
judicial proceedings.
All creditors of the spouses as well as of
the absolute community or the conjugal
partnership shall be notified of the
proceedings for liquidation.
In the partition, the conjugal dwelling
and the lot on which it is situated, shall
be adjudicated in accordance with the
provisions of Articles 102 and 129.
Art. 51: In said partition, the value of
- While trial is on going the support * In nullity cases, if the marriage is
of the spouses and custody of the deemed to be void then the one who got
children shall be governed by support should return it with legal
whatever agreement the parties interest to the person who furnished
have made. If none then they shall support since such person was not
be supported from the absolute entitled to the support there being no
community of property or conjugal marriage.
partnership of gains.
- The court may however make the
necessary adjustments in case the
agreement is inadequate.
Article 43: effects of termination of *The judgment and decree of nullity or
subsequent marriage (liquidation, annulment will become final upon the
disposition, donation, insurance, expiration of 15 days from the receipt of
inheritance) the parties of the decision. (Thus any
Article 44: Both spouses of the marriage prior to the 15 days may be
subsequent marriage are in bad faith the considered bigamous since the marriage
marriage shall be void is still subsisting at that time.)
Article 40: Final judgment declaring a
marriage was void for a subsequent
marriage.
- In all other cases of a void marriage the
property regime will be governed by Art.
147 (wages and salaries owned by them
in equal shares property governed by co-
ownership) Art. 148 (properties acquired
through joint contributions only and
divided in proportion to their
contributions)
Presumptive Legitime: Part of the * The children or the guardian may seek
36
the presumptive legitimes of all 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 the parties, by mutual
agreement judicially approved, had
already provided for such matters.
The children or their guardian or the
trustee of their property may ask for the
enforcement of the judgment.
The delivery of the presumptive legitimes
herein prescribed shall in no way
prejudice the ultimate successional rights
of the children accruing 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 nullity shall be considered as
advances on their legitime.
Art. 54: Children conceived or born
before the judgment of annulment or
absolute nullity of the marriage under
Article 36 has become final and
executory shall be considered legitimate.
Children conceived or born of the
subsequent marriage under Article 53
shall likewise be legitimate.
property of the testator, which cannot be the enforcement for the delivery of the
disposed of because the law has reserved presumptive legitime.
it for certain compulsory heirs. The
decree of annulment or nullity of
marriage provides for the delivery of the
presumptive legitimes this is in order to
protect the legitime of the children from
subsequent marriage.
Ex. If A husband of B dies, their child C
will inherit a legitime from A’s properties.
In this case there is no death thus the
legitime is presumed (what A’s properties
would be if he died at this time) and that
is what is given to C.
 In the event that the either or both
parents die later on the
presumptive legitime given is
considered an advance on their
legitime and are just given the
remaining balance due them.
 In void marriages other than that
provided for in Art. 40, the
presumptive legitime is not
delivered.
- Generally, children conceived and born * If the child is conceived prior to the
outside a valid marriage or inside a void marriage and the marriage is terminated
marriage are illegitimate except those under Art. 36 or 53 child will be
coming from a marriage void due to illegitimate (the subsequent void
psychological incapacity and those due to marriage even under these articles will
lack of judicial decree of nullity or not legitimate them)
liquidation or dissolution of property.

LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of
intimacy). Men can file on behalf of children. Many articles of VAWC encompass legal separation and if this is so the required
cooling off period is no longer necessary. Included as part of VAWC such as corruption (#3) included as violence, even
37
psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of
marriage.
Article 55: Happens after marriage
ceremony
1. Repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a child of
the petitioner
2. Physical violence or moral pressure to
compel the petitioner to change religious thus the couple should learn to live with
or political affiliation
3. Attempt of respondent to corrupt or
induce the petitioner, a common child, or emancipated.
a child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement
4. Final judgment sentencing the
respondent to imprisonment of more
than six years, even if pardoned
the respondent’s child from a previous
Physical violence here is measured not by * Does not include a ground for legal
the severity but by the frequency. separation when the respondent-spouse
However if it is not repeated or is not inflicts violence on his/her own child from
physical violence it may be considered as a previous marriage but may cause to
grossly abusive conduct. suspend or terminate parental authority.
Art. 231 (1): Parental authority can be
Grossly abusive conduct need not be suspended when the parent treats the
repeated but more of a serious act: rely child with excessive harshness or cruelty
on proportionality and abusive conduct to
what was committed.
- Continued indifference or aversion
to spouse and persistent neglect of
duties incident to marital relation,
etc.
- Use of offensive and abusive
language with intent and fixed
purpose of causing unhappiness.
- Other acts of corruption, which do
not fall under prostitution.
- There should be unity in the family and *Enforce human rights through
acceptance of the other’s right
each other’s political ideas.
- The children here may or may not be * Other forms of corruption can fall under
grave abuse of conduct
- The corrupt act here refers to
prostitution only, a mere attempt is
enough the respondent need not be
successful at the corruption or
inducement.
- There is no cause of action when the
child involved is that of the respondent
from another marriage.
- The crime need not be against the other
spouse. It can be against anyone.
- The fact that the crime had been
pardoned doesn’t matter as long as there
38

5. Drug addiction or habitual alcoholism
of the respondent
6. Lesbianism or homosexuality of
respondent
7. Respondent contracts a subsequent
bigamous marriage
8. Sexual infidelity or perversion
9. Attempt by the respondent against the
life of the petitioner
10. Abandonment of petitioner by
respondent without justifiable cause for
more than one year.
For purposes of this Article, the term
"child" shall include a child by nature or period.
by adoption
Article 56: Denial of legal separation if they fall on the following grounds
1. Where the aggrieved party has condoned the
offense or act complained of
is a final judgment.
- The extent and nature of such is the
same, as those in annulment cases but
such grounds may exist even after the
marriage ceremony unlike annulment.
- Considered as a form of cruelty or
mental anguish
- Must engage in homosexual acts
- Illegally contracting a marriage despite *Whether the marriage was done in the
full knowledge that the first marriage still Philippines or abroad is immaterial.
validly exists or without obtaining a
judicial declaration of presumptive death.
- Other acts of sexual infidelity short of Exception: If the wife condones sexual
concubinage and adultery are enough as perversion with her husband then it
long as they constitute a clear betrayal of cannot be a ground for legal separation.
trust.
- Sexual perversion can be done to ones
own wife.
- Must come from an evil design or Exception: when it is for self-defense
unlawful cause (or some other justifiable reason)
- No nee for any criminal conviction, Exception: Spouse caught the other in
preponderance of evidence is enough. (If flagrante delicto
there is a criminal conviction, the other
spouse can be disinherited even if there
is no legal separation case filed)
Willfully left the dwelling without *If there is an unjustifiable for leaving
intention of returning. then it is not considered abandonment.
*There must be a wrongful intent to
desert, continued for the statutory
- May be expressed or implied forgiveness Exception: if after the
- Not looking for an erring wife after she condonation the guilty
commits an offense does not mean spouse repeats the offense
forgiveness. then can still file for legal
separation.
39
2. Where the aggrieved party has consented to the Either spouse agreed or did not object to the
commission of the offense or act complained of offense BEFORE it was committed.
3. Where there is connivance between the parties in - Where the spouses agree that one spouse
the commission of the offense or act constituting the will commit the offense to give grounds for
ground for legal separation legal separation.
- Where one of the parties employed a 3rd
party to induce the other spouse to commit
the offense to give grounds.
- Corrupt consenting
4. Where both parties have given ground for legal - When two persons acted in bad faith, they
separation should be considered as having acted in good
faith.
5. Where there is collusion between the parties to - In collusion the couple makes it appear that
obtain decree of legal separation there is a ground for legal separation but
actually there is none.
- Corrupt agreement
- The act need not actually happen
6. Where the action is barred by prescription - An action for legal separation must be filed Art. 57: An action for
within 5 years from the occurrence of the legal separation shall be
cause. filed within five years from
- From the time the act occurred not the the time of the occurrence
discovery of the cause of action. of the cause
Art. 58: An action for legal separation shall in no - The defendant is required to answer the *Failure to observe the 6-
case be tried before six months shall have elapsed petition 15 days from the date of the receipt month cooling off period is
since the filing of the petition of the complaint. However whether or not a ground to set aside a
the defendant files an answer or not there decision granting legal
should be no hearing on the merits by the separation.
court until after a 6-month cooling-off period
is terminated. *Other incidents may be
heard during the 6-month
period such as support
and custody.
Art. 59: No legal separation may be decreed unless - The court must try to salvage the marriage * However even if there is
the Court has taken steps toward the reconciliation by taking steps towards reconciliation. no trial the couple may
of the spouses and is fully satisfied, despite such choose not to live
efforts, that reconciliation is highly improbable. together. They cannot be
forced to live together.

40
Art. 60: No decree of legal separation shall be
based upon a stipulation of facts or a confession of
judgment.
In any case, the Court shall order the prosecuting
attorney or fiscal assigned to it to take steps to
prevent collusion between the parties and to take
care that the evidence is not fabricated or
suppressed.
Art. 61: After the filing of the petition for legal
separation, the spouses shall be entitled to live
separately from each other
The court, in the absence of a written agreement
between the spouses, shall designate either of them
or a third person to administer the absolute
community or conjugal partnership property. The
administrator appointed by the court shall have the
same powers and duties as those of a guardian
under the Rules of Court.
Art. 62: During the pendency of the action for legal
separation, the provisions of Article 49 shall likewise
apply to the support of the spouses and the custody
and support of the common children.
Art. 63: The decree of legal separation shall have
the following effects:
1. The spouses shall be entitled to live separately
from each other, but the marriage bonds shall not
be severed;
2. The absolute community or the conjugal
partnership shall be dissolved and liquidated but the
offending spouse shall have no right to any share of
the net profits earned by the absolute community or
the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
3. The custody of the minor children shall be
awarded to the innocent spouse, subject to the
provisions of Article 213 of this Code; and
4. The offending spouse shall be disqualified from
- If the defending party fails to answer * If the case is
he or she cannot be defaulted and the vehemently opposed and
court shall order the prosecuting contested and it is clear
attorney to investigate whether there that the litigation is a no-
is collusion or not between the parties. holds barred contest and
- Even if the party answers the fiscal is not collusion the non-
still mandated to make sure there is no intervention of the
collusion and that the evidence is prosecuting attorney is not
genuine. fatal to the validity of the
proceedings.
- In the absence of a written agreement * Death of the plaintiff
between the spouses, the court shall before the final decree in
designate who shall administer the an action for legal
properties (it can be a third person). separation terminates the
case.
Art. 49: During the pendency of the action
and in the absence of a written agreement,
the court will provide for the support and
custody.
- Though the spouses are entitled to live * No children below 7
separately the marriage bond shall not be years old shall be
severed. They are still married to each other. separated from the
- The property shall be liquidated, the mother unless the court
offending spouse shall have no share or right finds compelling reasons
to the profits earned and shall be forfeited in to order otherwise (Tender
favor of the common children if none the Years Doctrine)
children of the guilty spouse if none then to
the innocent spouse.
- The innocent spouse shall generally have
custody of the children however the major
consideration is always the paramount
interest of the children.
- The offending spouse shall be disqualified
from inheriting form the innocent spouse by
41
inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent
spouse shall be revoked by operation of law.
Art. 64: After the finality of the decree of legal
separation, the innocent spouse may revoke the
donations made by him or by her in favor of the
offending spouse, as well as the designation of the
latter as beneficiary in any insurance policy, even if
such designation be stipulated as irrevocable. The
revocation of the donations shall be recorded in the
registries of property in the places where the
properties are located. Alienations, liens and
encumbrances registered in good faith before the
recording of the complaint for revocation in the
registries of property shall be respected. The
revocation of or change in the designation of the
insurance beneficiary shall take effect upon written
notification thereof to the insured
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.
Art. 65: If the spouses should reconcile, a
corresponding joint manifestation under oath duly
signed by them shall be filed with the court in the
same proceeding for legal separation.
Art. 66: The reconciliation referred to in the
preceding Articles shall have the following
consequences:
1. The legal separation proceedings, if still pending,
shall thereby be terminated at whatever stage; and
2. The final decree of legal separation shall be set
aside, but the separation of property and any
forfeiture of the share of the guilty spouse already
effected shall subsist, unless the spouses agree to
revive their former property regime.
intestate succession furthermore provisions
in favor of the offending spouse made in the
will of the innocent spouse shall be revoked
by operation of law.
- The law gives the option to innocent
party whether to revoke or not the
donation of the guilty party in an
insurance.
- The revocation must be made within 5
years from the time the decree of legal
separation has become final.
* The revocation of or change in the
designation of insurance beneficiary shall
take effect after written notification to the
insurer not the insured since it makes more
sense however the law states notification
should be given to the insured thus that
should be followed.
- If the case is still pending then it shall * The creditors should be
be terminated, if the decree has been informed of the changes
issued then it shall be set aside. with regard to the
- Separation of properties will still property etc.
subsist, but the parties can enter into
an agreement to revive the prior
property regime.
- Generally the law provides that one
can only fix the property regime before
the marriage celebration but the rules
now set forth that the adoption of
another property regime can be made
aside from that which they had
previously existing during their
marriage.
EFFECT OF REVIVAL:
1. If creditors are notified they should file
42
The court's order containing the foregoing shall be opposition on properties if they have
recorded in the proper civil registries. debts that should be paid by either
Art. 67: The agreement to revive the former spouse.
property regime referred to in the preceding Article 2. If creditors are notified but they don’t
shall be executed under oath and shall specify: file they cannot get from the properties
1. The properties to be contributed anew to the that will be placed in co-ownership in
restored regime the revival.
2. Those to be retained as separated properties of 3. If creditors are not notified then they
each spouse; and can collect from properties co-owned.
3. The names of all their known creditors, their 4. If creditors are not notified but there
addresses and the amounts owing to each. are separate properties they can’t get
The agreement of revival and the motion for its from co-owned properties.
approval shall be filed with the court in the same
proceeding for legal separation, with copies of both
furnished to the creditors named therein. After due
hearing, the court shall, in its order, take measure
to protect the interest of creditors and such order
shall be recorded in the proper registries of
properties.
The recording of the ordering in the registries of
property shall not prejudice any creditor not listed or
not notified, unless the debtor-spouse has sufficient
separate properties to satisfy the creditor's claim.

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 68: The husband and wife are
obliged to live together, observe mutual other based on their whims and caprices
love, respect and fidelity, and render
mutual help and support.
Reason: So couples wont abandon each
- Procreation is also an essential
marital obligation.
- A court cannot compel the
spouses to live together, observe
mutual love, respect and fidelity.
RAPE:
1. Committed by a man against a
woman who shall have carnal knowledge
of her through force, intimidation or
threat; when she is deprived of reason
or consciousness, machinations or grave
abuse of authority.
* Remedy if other spouse is not living
with you: seek relief from court so that
you do not have to give him support.
 A husband can be liable for raping
his wife however the subsequent
forgiveness by the wife to the
offended party shall extinguish the
criminal action.
BEFORE: Matrimonial exemption from
rape
1. Man and woman become 1 so man
cannot rape himself
2. Marriage contract means wife
43

Art. 69: The husband and wife shall fix
the family domicile. In case of
disagreement, the court shall decide.
The court may exempt one spouse from
living with the other if the latter should
live abroad or there are other valid and
compelling reasons for the exemption.
However, such exemption shall not apply
if the same is not compatible with the
solidarity of the family.
Art. 70: The spouses are jointly
responsible for the support of the family. CONJUGAL OBLIGATIONS:
The expenses for such support and other
conjugal obligations shall be paid from
the community property and, in the
absence thereof, from the income or
fruits of their separate properties. In
case of insufficiency or absence of said
income or fruits, such obligations shall
be satisfied from the separate
properties.
Art. 71: The management of the
household shall be the right and the
duty of both spouses. The expenses for
such management shall be paid in
accordance with the provisions of Article
70.
Art. 72: When one of the spouses
neglects his or her duties to the conjugal
union or commits acts which tend to
2. Even if none of the circumstances are consents to all and any sexual
present if woman is below 12 or intercourse with husband.
demented. REBUT:
3. Any person who inserts any foreign 1. Woman has certain rights and
object into genital or anal orifice (rape liberties, which separate her from
can be committed against a man) the man.
4. Any person who inserts penis into oral 2. Absolute consent is not sound
or anal orifice. since marriage itself is revocable.
- The domicile of natural persons is
the place of their habitual
residence, where parties intend to
have their permanent residence.
- In case of disagreement between
the husband and the wife the
court shall decide.
- The spouse not living in the
domicile must prove the intent of
husband is for solidarity of family.
EXPENSES FOR SUPPORT AND OTHER
1. From the community property
2. In absence thereof income of
fruits of the separate properties
3. If insufficient or absent from the
separate properties themselves.
- Shall be the right and duty of both
spouses regardless of what the
property regime is.
- In the event that one of the
spouses neglects his or her duties
or commits acts that endanger or
dishonor the family he aggrieved
party may apply to the court for
relief.
FORMS OF RELIEF:
44
bring danger, dishonor or injury to the
other or to the family, the aggrieved
party may apply to the court for relief.
Art. 73: Either spouse may exercise any
legitimate profession, occupation,
business or activity without the consent
of the other. The latter may object only
on valid, serious, and moral grounds.
In case of disagreement, the court shall
decide whether or not:
1. The objection is proper; and
2. Benefit has occurred to the family
prior to the objection or thereafter. If
the benefit accrued prior to the
objection, the resulting obligation shall
be enforced against the separate
property of the spouse who has not
obtained consent.
The foregoing provisions shall not
prejudice the rights of creditors who
acted in good faith.
PROPERTY RELATIONS
Art. 74: The property relationship
between husband and wife shall be
1. Legal separation
2. Psychological incapacity
3. Petition for receivership judicial,
separation of property to become
sole administrator of property.
- Based on presumption, despite Exceptions: For the separate properties
objection (before or after) it will to be liable the other spouse must have
still go to family. no knowledge of the immoral activity
- VAWC: If husband prevents you and therefore could not give an
from doing a right then punishable objection even if benefit accrues to the
by law. family.
- The objection must be all valid,
serious, and on moral grounds at Exception liability against separate
the same time. property: If the creditor did not know of
- If it is an isolated activity— the immoral activity or thought it was to
contract—without consent of other be used for a legitimate business,
spouse, the conjugal spouse can’t creditor can collect from conjugal
be liable properties.
GENERAL RULE:
1. Obligations incurred before or
after the marriage but redounding
to the benefit of the family shall
be charged to the conjugal
properties
2. Spouse’s job redounds to the
benefit of the family thus
obligations can be satisfied from
the conjugal property.
3. If the benefit accrued prior to the
objection, the resulting obligation
shall be enforced against the
separate property of the spouse
who has not obtained consent.
Marriage Settlements: must be in writing EFFECT OF NO MARRIAGE SETTLEMENT:
signed by the parties, and made prior to 1. If the mortgage was registered
45
governed in the following order:
1. By marriage settlements executed
before the marriage;
2. By the provisions of this Code; and
3. By the local custom.
Art. 75: The future spouses may, in the
marriage settlements, agree upon the
regime of absolute community, conjugal
partnership of gains, complete
separation of property, or any other
regime. In the absence of a marriage
settlement, or when the regime agreed
upon is void, the system of absolute
community of property as established in
this Code shall govern.
the celebration of the marriage if it is not then the new spouse’s property
in writing it shall be unenforceable. will also be liable.
- If there is no marriage settlement 2. If the mortgage was not registered
agreed upon or if the same is void, the new spouse will not be liable
then the absolute community if but the mortgage will be impaired
property will prevail. and the debtor spouse will loose
EFFECT OF MARRIAGE SETTLEMENT: the right to make use of the
1. Property in marriage settlement is period.
registered did not redound to  Must give new securities so
family, creditor cant get from co- as not to loose the period.
owned
2. If marriage settlement is not * If the marriage settlement does not
registered, can get from co-owned particularize any valid property regime
3. If redounded to benefit of family such provision is void and thus the
can get from co-owned even if not absolute community of property shall
registered. prevail.
*Marriage settlement must be fair, they
must exercise good faith in contracting
the marriage settlement. However if the
agreement is not fair as long as the
disadvantaged spouse shows that he/she
understood it then the marriage
settlement shall be maintained.
LOCAL CUSTOMS: rule of conduct formed
by repetition of acts uniformly observed
as a social rule, legally binding and
obligatory.
- If a marriage settlement is absent or
property regime agreed upon is void,
Absolute community of property will
govern.
46
Article 76: Modifications in marriage
settlement must be made before the
celebration of the marriage.
Art. 78: A minor who according to law
may contract marriage may also execute
his or her marriage settlements, but they
shall be valid only if the persons
designated in Article 14 to give consent
to the marriage are made parties to the
agreement, subject to the provisions of
Title IX of this Code.
Art. 79: For the validity of any marriage
settlement executed by a person upon
whom a sentence of civil interdiction has
been pronounced or who is subject to
any other disability, it shall be
indispensable for the guardian appointed
by a competent court to be made a party
thereto.
Art. 80: In the absence of a contrary
stipulation in a marriage settlement, the
property relations of the spouses shall be
governed by Philippine laws, regardless
of the place of the celebration of the
marriage and their residence
This rule shall not apply:
Art. 77: The marriage settlements and Exception under Article 66 and 67:
any modification thereof shall be in Revival or adoption of new property
writing, signed by the parties and regime when those legally separated has
executed before the celebration of the reconciled.
marriage. They shall not prejudice third Exception under Article 128: in case
persons unless they are registered in the of abandonment of a spouse other
local civil registry where the marriage spouse can petition for receivership or
contract is recorded as well as in the administration of properties or judicial
proper registries of properties. decree of separation of properties
(Oral marriage settlement is VOID) Exception under Article 135: Further
grounds for judicial separation of
property
Exception under Article 136:
voluntary and verified petition in court of
both spouses to modify regime into
separate community of property regime.
- Now a minor or a person below 18
years old cannot contract to a marriage.
An 18-year-old person deciding to get
married can execute a marriage
settlement without obtaining consent.
- It is mandatory that a person with civil
interdiction must have a guardian
appointed by the court to be involved in
making the marriage settlement
CIVIL INTERDICTION: deprives the
offender during the sentence, rights in
marriage, parental rights, and
administration of property.
Extrinsic validity: The form of the
contract has to follow whatever is the
law in the country for changes to be
made (change title etc.)
47
1. Where both spouses are aliens;
2. With respect to the extrinsic 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 extrinsic validity of
contracts entered into in the Philippines
but affecting property situated in a
foreign country whose laws require
different formalities for its extrinsic
validity.
Art. 81: Everything stipulated in the
settlements or contracts referred to in
the preceding articles in consideration of
a future marriage, including donations
between the prospective spouses made
therein, shall be rendered void if the
marriage does not take place. However,
stipulations that do not depend upon the
celebration of the marriages shall be
valid.
VOID MARRIAGE SETTLEMENTS
ARTICLE 76
Article 76
Article 80
Article 81
Effects on creditors
Marriage settlements - Only needs to be registered in order to bind
third parties. If registered third parties cannot go
- The reason for the marriage settlement * Donations in marriage settlements are
is the marriage itself thus if it does not revoked by operation of law.
take place the marriage settlement shall
not be valid.
- The provisions in a marriage settlement
are separable thus if there are provisions
which are invalid then only the invalid
provisions will be ineffectual while the
rest will be enforced.
Those not written, signed and made
before the celebration
Those that stipulate that neither local
custom nor absolute community of
property will govern without stipulating
any other kind of property regime.
Those made by a person upon who a Exception: unless a guardian appointed
sentence of civil interdiction is given made by a competent court is made
party thereto
Those stipulated in marriage settlement Exception: stipulations that don’t
or contracts made in consideration of depend on the celebration of the
marriage (donations) will be void if marriage shall remain valid.
marriage does not take place
Exception to third party rule: If
indebtedness benefited to the family then can
48
 after conjugal property go after community of property.
No marriage settlements: If there is no marriage settlement: Exception to impairment of property: if
Absolute community of 1. If property is registered then spouse is debtor immediately gives new property
property. bound by mortgage equally satisfactory or get consent of X to the
2. If property is not registered then property is security or collateral already established, then
impaired and the debtor looses period of he does not loose period of loan.
loan.
DONATIONS
Art. 82: Donations by reason of marriage DONATIONS PROPTER NUPTIAS: Procedure--Movable:
are those, which are made before its 1. Donations are to be made prior to the 1. Accepted personally or
celebration, in consideration of the same, celebration of marriage representative
and in favor of one or both of the future 2. Must be made in favor of 1 or both of the 2. Made in lifetime of donor and
spouses. spouses. Can be made by a third party in the donee
settlement. 3. Can be orally given as long
Art. 83: These donations are governed by Donation between spouses: as with simultaneous delivery
the rules on ordinary donations 1. A valid marriage settlement must stipulate or document representing right
established in Title III of Book III of the another regime than Absolute Community of donated (if above 5000 then
Civil Code, insofar as they are not of Property (ACP) must be in writing)
modified by the following articles. 2. Donation cannot be more than 1/5 of the
present property of the donee spouse. Procedure--Immovable:
Art. 84: If the future spouses agree upon 3. Must be accepted and comply with other. 1.must be in public document
a regime other than the absolute Exception: 1/5 rule will not apply if donation is in 2. Acceptance made in that
community of property, they cannot a separate deed, provided he has enough to document or separate
donate to each other in their marriage support himself and those relying on him. 3. Must be made in lifetime of
settlements more than one-fifth of their donor.
present property. Any excess shall be
considered void. DONATIONS EXCLUDED:
Donations of future property shall be 1. Made in favor of the
governed by the provisions on spouses after the
testamentary succession and the celebration of the
formalities of wills. marriage
2. Executed in favor of the
future spouses but not in
consideration of marriage
3. Granted to persons other
than the spouses even
though they may be
founded on the marriage.
Article 85: Donations by reason of ENCUMBRANCE: Anything that impairs the use or
49
marriage of property subject to
encumbrances shall be valid. In case of
foreclosure of the encumbrance and the
property is sold for less than the total
amount of the obligation secured, the
donee shall not be liable for the
deficiency. If the property is sold for more
than the total amount of said obligation,
the donee shall be entitled to the excess.
Art. 86: A donation by reason of marriage
may be revoked by the donor 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 without
the consent of the parents or guardian, as
required by law;
3. When the marriage is annulled, and the
donee acted in bad faith;
4. Upon legal separation, the donee being
the guilty spouse;
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 the
provisions of the Civil Code on donations
in general.
transfer of property (burdened)
- If the object of the donation is encumbered it is
still valid but the donee’s rights is still subject to
the encumbrance.
IN CASE OF ENCUMBRANCE OF PROPERTY:
1. Donee wont be liable for insufficiency of
property to creditor. The donor will still be liable
for that.
2. Donee can keep excess if property more than
satisfies the debt.
3. Donee cannot ask for reimbursement from
donor if mortgage is foreclosed.
- But wont be liable for deficiency, and gets the
excess if sold for more than amount.
1. Marriage is not celebrated or is void ab Exception: If the donation is in
initio (including art. 52-53) the marriage settlement it will
Prescription: be revoked by operation of law.
- Marriage is void: 5 years from Judicial Exception: If the marriage is
Declaration of Nullity (if doesn’t want to void due to Article 40, or Article
give it back, prescribe after 8 years for 44, then automatically revoked
movable, 30 years for immovable)
- Marriage not celebrated: 5 years from
when it was not celebrated
2. Marriage takes place without consent of
parents
Prescription:
- 5 years from the time he had knowledge that
consent was not obtained, after the marriage.
3. Upon legal separation when donee is the Exception: if the ground for
guilty spouse legal separation is infidelity in
Prescription: the form of adultery or
- 5 years from finality of decree. concubinage it will be
automatically void.
4. When there is a resolutory cause and the Exception: between husband
condition has been complied with and wife prescription does not
Prescription: run.
5 years from the happening of the resolutory
condition.
6. Acts of ingratitude:
50
 - Donee commits an offense against the person
or property of the donor, his wife, or children
- Donee imputes to the donor any criminal
offense involving moral turpitude unless it
against the donee
- Donee unduly refuses to support donor when
he is legally or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge
of the fact of ingratitude
Art. 87: Every donation or grant of - What constitutes a moderate gift depends Void Donations: (considered
gratuitous advantage, direct or indirect, on the financial capacity of the donor. indirect donations to the
between the spouses during the marriage - Under the last sentence of Art. 87it must spouse)
shall be void, except moderate gifts which be shown that the donation was made at a 1. To a stepchild who has
the spouses may give each other on the time when they were still living together as no compulsory or legal
occasion of any family rejoicing. The husband and wife without the benefit of heirs
prohibition shall also apply to persons marriage. 2. To a common child who
living together as husband and wife - Validity of donation or transfer cannot be has o compulsory or legal
without a valid marriage. challenged by anyone unless those that heirs
will be affected by the donation. 3. To the parents of the
RESERVA TRONCAL: the ascendant who inherits other spouse
from his descendant any property which the later 4. To the other souse’s
may have acquired by gratuitous title from adopted child
another ascendant or sibling is obliged to reserve 5. To common adopted child
such property for the benefit of relatives within who has no other
the 3rd degree and who belong to the same line. compulsory and or legal
Ex. H is married to W and has a son S. H has a heirs.
brother B. H dies and donates to S his property.
After which, S dies without any heirs and thus
the property goes to W. If W dies the property
does not go to her heir but to B so that the
property stays in the same line of the original
owner (once owed by H) and is within the third
degree of S.

Property What included What excluded Notes Charges Liquidation

Regime process
Absolute All properties Article 92: Art. 89: No waiver of Article 94: Termination:
51
community of owned before 1.provided in rights, shares and 1. Support (spouses, Art. 97: Either
property and after. marriage settlement effects of the absolute common & legitimate spouse may
Art. 88: The 2. Personal and community of property children) dispose by will of
absolute Art. 91: Unless exclusive use of during the marriage - Even beyond age of his or her interest
community of otherwise either spouse (except can be made except in majority in the community
property provided in this jewelry) case of judicial 2. Debts & obligations property.
between Chapter or in - However if separation of property. made by both,
spouses shall the marriage exclusive property is administrator, or with Art. 98: Neither
commence at settlements, the used to purchase When the waiver takes consent of other spouse may
the precise community something else such place upon a judicial spouse (even if did donate any
moment that property shall property becomes separation of property, not redound) community
the marriage is consist of all the part of ACP or after the marriage 3. D & O without property without
celebrated. Any property owned 1.Property acquired has been dissolved or consent but the consent of the
stipulation, by the spouses by gratuitous title annulled, the same redounded. other. However,
express or at the time of including the fruits shall appear in a public 4. Expenses for either spouse
implied, for the the celebration and income UNLESS instrument and shall community property may, without the
commencement of the marriage the guarantor be recorded as (taxes, liens, charges) consent of the
of the or acquired expressly said they provided in Article 77. 5. Taxes & expenses other, make
community thereafter. will form part of ACP The creditors of the for preservation moderate
regime at any - Must be a valid spouse who made such during marriage of donations from
other time shall donation (cant be waiver may petition separate property the community
be void Art. 93: donation made by the court to rescind the used by family property for
Property one spouse to waiver to the extent of 6. Expenses for self- charity or on
(Default regime acquired during another) the amount sufficient improvement or occasions of
if nothing the marriage is 2.Property acquired to cover the amount of profession. family rejoicing or
stipulate – presumed to by either spouse who their credits. 7. Antenuptial debts family distress
exception: belong to the has legitimate * No waiver of rights, redounding to family Article 99:
subsequent community, descendants and interests, shares, and 8. Donation made by 1. Death
marriage after unless it is the fruits of that effects without judicial both spouses for - Same
death will proved that it is property separation or children to pursue proceeding as
automatically be one of those *Winnings from dissolution or vocation or self- settlement of
CSP if there was excluded gambling (losses annulment of marriage improvement estate.
no proper therefrom. borne by looser) – shall appear in a 9. For illegitimate Spouse shall
liquidation of public instrument children, fines for liquidate property
the properties of (creditors may rescind crimes/quasi delict in if no judicial
the previous waiver up to extent of case of insufficiency. settlement
marriage) the debt) (Advances) proceeding within
10. Expenses for 1 year. After 1
Art. 90: The Art. 96: The litigation year cannot may
52
provisions on administration and * Solidary liability encumbrance on
co-ownership enjoyment of the does not include ante- property.
shall apply to community property nuptial debts not 2. Legal
the absolute shall belong to both redounding, support separation
community of spouses jointly. In case of illegitimate, 4. Annulled or
property of disagreement, the liabilities thru void (governed by
between the husband's decision crime/delict. art. 147 & 148
spouses in all shall prevail, subject to except if void
matters not recourse to the court Art. 95: Whatever under Article 40)
provided for in by the wife for proper may be lost during the 5. Judicial
this Chapter. remedy, which must be marriage in any game separation of
availed of within five of chance, betting, property
years from the date of sweepstakes, or any 6. Reappearance
the contract other kind of of a spouse
implementing such gambling, whether presumed dead.
decision. permitted or Procedure:
In the event that one prohibited by law, Article 102:
spouse is incapacitated shall be borne by the 1. Inventory
or otherwise unable to loser and shall not be (separate and
participate in the charged to the community)
administration of the community but any 2. D&O of ACP
common properties, winnings therefrom shall be paid out,
the other spouse may shall form part of the in case of
assume sole powers of community property. insufficiency
administration. These solidarily liable
powers do not include with separate
disposition or property.
encumbrance without 3. Exclusive prop
authority of the court delivered.
or the written consent 4. Net remainder
of the other spouse. In of ACP divided
the absence of such equally unless
authority or consent, different
the disposition or proportion in
encumbrance shall be settlement or
void. However, the waiver.
transaction shall be 5. Delivery of
construed as a presumptive
continuing offer on the legitimates
53
 part of the consenting 6. Conjugal
spouse and the third dwelling with
person, and may be spouse with most
perfected as a binding children
contract upon the
acceptance by the
other spouse or
authorization by the
court before the offer
is withdrawn by either
or both offerors.
* Spouses administer
and enjoy property
jointly. Husband
decision prevails
subject to recourse of
wife within 5 years
from date of contract
implementing decision.
BUT if wife ratifies
contract express or
implied cant annul
anymore.
- If disposition is made
without knowledge or
consent of other
person no prescription.
ACP SEPARATION IN FACT: - Abandonment is different from separation in
Art. 100: The separation in fact fact. Abandonment has to do with total
between husband and wife shall not abdication of all marital and parental authority.
affect the regime of absolute - If the spouse left with a valid cause he or she
community except that: can still be supported from the ACP.
- The ACP can still be liable for obligations
1.The spouse who leaves the conjugal incurred by the separating spouse that may
home or refuses to live therein, without redound to the benefit of the family.
just cause, shall not have the right to - Even the guilty spouse can compel the sale of
be supported; property, which will redound to the benefit of
2.When the consent of one spouse to the family.
any transaction of the other is required - Only the present spouse is given standing by
54
 by law, judicial authorization shall be the law to file a petition to encumber or
obtained in a summary proceeding; administer the property of the other spouse.
3. In the absence of sufficient
community property, the separate
property of both spouses shall be
solidarily liable for the support of the
family. The spouse present shall, upon
proper petition in a summary
proceeding, be given judicial authority
to administer or encumber any specific
separate property of the other spouse
and use the fruits or proceeds thereof
to satisfy the latter's share.
ACP Art. 101: If a spouse without just ABANDONMENT: Implies a departure by one
cause abandons the other or fails to spouse with the avowed intent never to return,
comply with his or her obligations to the followed by prolonged absence without just
family, the aggrieved spouse may cause.
petition the court for receivership, for - Should not only be physical but also financial
judicial separation of property or for and moral desertion.
authority to be the sole administrator of
the absolute community, subject to
such precautionary conditions as the
court may impose.

The obligations to the family mentioned

in the preceding paragraph refer to
marital, parental or property relations.

A spouse is deemed to have abandoned

the other when her or 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 has failed within the same
period to give any information as to his
or her whereabouts shall be prima facie
presumed to have no intention of
returning to the conjugal dwelling.
Conjugal Article 106: Article 109: Art. 107: The rules Article 121: Termination:
55
Partnership of - Proceeds, 1. Brought into the provided in Articles 88 1.support of spouse Article 126:
Gains: products, fruits marriage as his or and 89 shall also common and legitimate 1.Death
Art. 105: In and income from her own apply to conjugal children 2.Legal
case the future their separate 2. Acquired by partnership of gains. 2.D&O by admin, both Separation
spouses agree properties gratuitous title or either spouse with 3. Annulled or
in the marriage - Those acquired - By way of Art. 108: The consent of other. declared void.
settlements that by their efforts or succession conjugal partnership 3.D&O without consent 4.Judicial
the regime of chance - Honorarium shall be governed by of other but Separation
conjugal - Income and (given in the rules on the redounding.
partnership fruits by appreciation for contract of 4.expenses for conjugal Article 127 and
gains shall gratuitous title services rendered) partnership in all that prop (taxes, liens) 128:
govern their (diff from ACP) 3. Acquired by is not in conflict with 5.taxes and expenses -Provisions on
property - Annuity: right of what is expressly for preservation of separation in fact
relations during retirement on an redemption, determined in this separate property (no and abandonment
marriage, the annuity (received barter, exchange Chapter or by the need for use) has the same
provisions in as a matter of - Even if money spouses in their 6.expenses for spouse application as in
this Chapter right) used to redeem is marriage settlements. for profession or self- ACP article 100
shall be of -Pension: serious conjugal improvement. and 101.
supplementary previously (reimbursement) Prohibition on waiver. 7.Antenuptial debts Procedure:
application. rendered for 4. Bought with *Properties brought redounding to family. Article 129:
which full and exclusive money of into the marriage by 8.donation of both for 1.Inventory of
The provisions adequate either spouse. the contracting parties children for profession separate and
of this Chapter compensation was *Onerous belong to each of or self-improvement. conjugal prop
shall also apply not received at donations them exclusively. 9.expenses of litigation 2.Payment of
to conjugal the time. *Designated share - Either spouse can between spouses advances
partnerships of Article 117: in donation transfer admin of prop Not to be paid by 3.Reimbursement
gains already 1. Acquired by *Gratuity (amount to other spouse thru cpg: to the spouses.
established onerous title given by gob’s for public instrument. Article 122: 4.D&O paid out
between using common previous work) Art. 118: Property -Payment of personal by CPG,
spouses before funds. bought on debts contracted by the insufficiency
the effectivity of 2. Obtained by Art. 110: The installments paid husband or wife before solidarily liable.
this Code, labor or industry spouses retain the partly from exclusive or during the marriage 5.exclusive prop
without or work ownership, funds of either or both unless they redounded delivered
prejudice to 3. Fruits, natural, possession, spouses and partly to the benefit of the 6.loss or
vested rights industrial, or civil administration and from conjugal funds family. deterioration of
already acquired due received enjoyment of their belongs to the buyer However, fines and movables paid
in accordance during marriage exclusive or buyers if full indemnities imposed from CPG
with the Civil from common properties. ownership was vested support of illegitimate 7.Net remainder
Code or other prop before the marriage children can be paid by to be divided
56
laws, as - Net fruits of Either spouse may, and to the conjugal the assets AFTER the (unless MS or
provided in exclusive property during the partnership if such payment of obligations waiver)
Article 256. BUT personal marriage, transfer ownership was vested provided in Art. 121. 8.Delivery of
damages are not the administration during the marriage. But at the time of presumptive
Presumption is conjugal. of his or her In either case, any liquidation the spouse legitimes
that all property 4. Share in hidden exclusive property amount advanced by who used such funds 9.Conjugal
acquired during treasure to the other by the partnership or by will be charged. dwelling
marriage even if 5. Fishing and means of a public either or both spouses If charges are paid,
in the name of hunting instrument, which shall be reimbursed and no property or Article 130: in
one spouse is 6. Excess shall be recorded by the owner or insufficient CPG pays: case of death the
conjugal unless livestock (those in the registry of owners upon -Fines, debts before liquidation
otherwise brought in to the property of the liquidation of the the marriage proceeding will be
provided. marriage by one place the property partnership. -Support of illegitimate in the same
will reimbursed is located. *Subject to proceeding as the
7. Acquired by Property bought reimbursement (ACP no settlement of the
chance before but title need to pay out all estate of the
registered after charges first) deceased. (Same
marriage: still application as in
considered exclusive Article 120 ACP article 103)
property even if 1.If improvement made
spouse is made co- by cp is more than Art. 133: From
owner in title value of the property, the common mass
(considered a trust) entire property will be of property
Separate property conjugal –reimburse support shall be
plus conjugal funds spouse. given to the
to buy a new 2. If amount is not surviving spouse
property: new more than it will still be and to the
property will be separate property children during
considered conjugal. subject to the liquidation of
Property bought on reimbursement to CPG. the inventoried
installment partly (Ownership will vest property and until
from exclusive and upon reimbursement) what belongs to
partly from them is delivered;
conjugal: when title Art. 123: Whatever but from this shall
was vested will may be lost during the be deducted that
govern, then marriage in any game amount received
reimburse (Art. 119) of chance or in betting, for support which
Principal payments sweepstakes, or any exceeds the fruits
and interest paid to other kind of gambling or rents
57
 a spouse during
marriage: principal
amt is exclusive while
interest is conjugal.
CPG Art. 110: The spouses retain the
ownership, possession, administration
and enjoyment of their exclusive
properties.
Either spouse may, during the
marriage, transfer the administration of
his or her exclusive property to the
other by means of a public instrument,
which shall be recorded in the registry
of property of the place the property is
located.
CPG Art. 111: A spouse of age may
mortgage, encumber, alienate or
otherwise dispose of his or her
exclusive property, without the consent
of the other spouse, and appear alone
in court to litigate with regard to the
same.
Art. 112: The alienation of any
exclusive property of a spouse
administered by the other automatically
terminates the administration over such
property and the proceeds of the
alienation shall be turned over to the
owner-spouse.
CPG Art. 113: Property donated or left by
will to the spouses, jointly and with
whether permitted or pertaining to
prohibited by law, shall them.
be borne by the loser
and shall not be
charged to the conjugal
partnership but any
winnings therefrom
shall form part of the
conjugal partnership
property.
- Each spouse is to retain ownership,
administration, possession and
enjoyment of their exclusive properties.
- Administration includes entering into
contracts, engaging in litigation, and
collection of fruits, profits and income
arising from separate property.
- The owner spouse can transfer
administration of the property not only to
the other spouse but also to any third
person without the consent of the other
spouse.
- Art. 111 is no longer necessary, as the
age of marriage is also the age of
emancipation.
- If the owner-spouse alienates his
property the administration by the other
spouse over such property will cease and
the proceeds will go to the owner.
- The owner-spouse cannot revoke a
judicially approved administration by the
other spouse of his property by alienating
it. Thus to alienate the property he must
get the consent of the administrator-
spouse or court approval.
- The donor may donate whatever he
wishes to whomever he wants. Thus he
58
 designation of determinate shares, shall
pertain to the donee-spouses as his or
her own exclusive property, and in the
absence of designation, share and share
alike, without prejudice to the right of ACCRETION: addition of property to another
accretion when proper.
Art. 114: If the donations are onerous, accept independently of his co-donee unless it
the amount of the charges shall be
borne by the exclusive property of the
donee spouse, whenever they have
been advanced by the conjugal
partnership of gains.
Art. 115: Retirement benefits,
pensions, annuities, gratuities,
usufructs and similar benefits shall be
governed by the rules on gratuitous or
onerous acquisitions as may be proper
in each case.
CPG Art. 124: The administration and
enjoyment of the conjugal partnership
shall belong to both spouses jointly. In
case of disagreement, the husband's
decision shall prevail, subject to
recourse to the court by the wife for
proper remedy, which must be availed
of within five years from the date of the
contract implementing such decision.
In the event that one spouse is
incapacitated or otherwise unable to
participate in the administration of the
conjugal properties, the other spouse
may assume sole powers of
administration. These powers do not
include disposition or encumbrance
without authority of the court or the
written consent of the other spouse. In
may donate a piece of property to both
spouses jointly or may specify how much
of the property should go to the husband
and how much should go to the wife.
property
General rule: in a joint donation one cannot
is stipulated or unless it is between husband
and wife.
Ex. D donates land to H and W who are
married. D donates 1/3 to W and 2/3 to H. If W
does not accept the donation it will be
considered added on to the share of the
husband. However if it is a specific designation
such as H will get a car and W will get a horse,
accretion will not apply.
- In the case of wills for accretion to take
effect, the nature of the inheritance must be
pro indivisio (not divided, the terms ½ or in
equal shares is does not make it divided).
- Any alienation made by either spouse
without the consent of the other is
invalid.
- In case the husband disposes of property
over the objection of the wife, the wife
may file a case to annul the entire
contract or part of it.
59
 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
consenting spouse and the third person,
and may be perfected as a binding
contract upon the acceptance by the
other spouse or authorization by the
court before the offer is withdrawn by
either or both offerors. (165a)

Art. 125: Neither spouse may donate

any conjugal partnership property
without the consent of the other.
However, either spouse may, without
the consent of the other, make
moderate donations from the conjugal
partnership property for charity or on
occasions of family rejoicing or family
distress.
Separation of - They own everything separately but Article 136: Voluntary Separation Revival:
property still liable for family expenses in -Spouses may agree on the separation of their Article 141:
Art. 134: In the proportion to their income or in default properties with court approval, no reason 1.termination of
absence of an thereof in proportion to separate prop. needed. (But if reason is stated and it is civil interdiction
express But liability to their creditor is still against public policy the court will reject it) 2.Absentee
declaration in solidary. -Division of property must be equal unless reappears
the marriage Article 135: Sufficient cause for there is a different proportion agreed in MS or 3.court satisfied
settlements, the judicial separation of property: waiver. that
separation of 1. Civil interdiction -Takes effect after judicial order of decree (not administration will
property 2. Absentee spouse signing of agreement) not be again
between -2 years from last news about -Creditors will be listed in petition and notified) abused
spouses during absentee, or 5 years if an administrator -In process delivery of presumptive legitimes is 4.Resumption of
the marriage has been left. not necessary. common life with
shall not take 3. Loss of parental authority other spouse
place except by decreed by court (termination or *Art. 142: Admin of exclusive prop of either 5.parental
judicial order. deprivation not mere suspension) spouse may be transferred by court to other authority restored
Such judicial -Over legitimate or illegitimate child spouse or if not qualified to another person 6.reconciliation of
separation of whether of previous or present when: those separated
60
property may marriage 1.spouse becomes the guardian in fact
either be 4. Abandonment or failure to comply 2.the other is judicially declared an absentee 7.For those who
voluntary or for with his or her obligations 3.civil interdiction voluntarily
sufficient cause. 5. Abused power of administration 4.fugitive from justice, hiding as an accused separated
6. Separation in fact for at least 1 yr Art 143: If the couple wants a regime of property, agree to
(Can be separation of property they have to enter into a revive former
stipulated in MS Art. 137: Once the separation of valid marriage settlement prior to the marriage property regime
which shall property has been decreed, the stipulating such regime. (but after that
govern and FC absolute community or the conjugal can’t separate
will only be partnership of gains shall be liquidated Art. 145: Administration is left with each property
supplementary in conformity with this Code. spouse with regard to his/her own property anymore)
in nature, in the During the pendency of the proceedings without the need for the consent of the other. - Art. 67 revival:
absence therein for separation of property, the absolute Earnings of each shall also belong to each Agreement under
it cannot take community or the conjugal partnership spouse. oath will state:
place during the shall pay for the support of the spouses 1.properties to be
marriage except and their children. Art. 146: Both spouses shall bear the family contributed
by judicial Art. 138: After dissolution of the expenses in proportion to their income or their 2.those to be
order) absolute community or of the conjugal separate property. Liability of spouses to retained as
-May refer to partnership, the provisions on complete creditors to family expenses is solidary (they separate
present or separation of property shall apply. are both liable to the creditor for the whole 3.names of known
future property Art. 144: Separation of property may amount if the creditor seeks it from one of creditors
or both refer to present or future property or them. Such spouse is entitled to
-May be partial both. It may be total or partial. In the reimbursement from the other spouse).
or total latter case, the property not agreed * Even if there is an agreement on proportion
-Those not upon as separate shall pertain to the of sharing etc, it wont affect the creditors.
agreed as absolute community.
separate will be
ACP
Marriage Art. 147: When a man and a woman Requisites:
without who are capacitated to marry each 1.Capacitated to marry each other
unions other, live exclusively with each other -Not capacitated: incestuous, against public
(governs void as husband and wife without the benefit policy, under 18, bigamous marriage
marriages) of marriage or under a void marriage, 2.live exclusively with each other as husband
their wages and salaries shall be owned and wife
by them in equal shares and the 3.Without benefit of marriage or under a void
property acquired by both of them marriage.
through their work or industry shall be *Includes marriages of psychological
governed by the rules on co-ownership. incapacity, reappearance of wife, non-
In the absence of proof to the contrary, liquidation of property, absence of formal
61
 properties acquired while they lived
together shall be presumed to have
been obtained by their joint 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 acquisition by the
other party of any property shall be
deemed to have contributed jointly in
the acquisition thereof if the former's
efforts consisted in the care and
maintenance of the family and of the
household.
Neither party can encumber or dispose
by acts inter vivos of his or her share in
the property acquired during
cohabitation and owned in common,
without the consent of the other, until
after the termination of their
cohabitation.
When only one of the parties to a void
marriage is in good faith, the share of
the party in bad faith in the co-
ownership shall be forfeited in favor of
their common children. In case of
default of or waiver by any or all of the
common children or their descendants,
each vacant share shall belong to the
respective surviving descendants. In
the absence of descendants, such share
shall belong to the innocent party. In all
cases, the forfeiture shall take place
upon termination of the cohabitation.
Marriage Art. 148: In cases of cohabitation not
without falling under the preceding Article, only
requisites.
Structure:
1. Salaries and wages shall be owned by
equal shares
2. Property acquired with exclusive funds is
owned by them exclusively
3. Property acquired through work or
industry governed by co-ownership
4. Property acquired while they live
together will be owned by them in equal
shares. (Contribution can be in the form
of care and maintenance of family,
household)
5. Fruits of separate property not part of
co-ownership
6. Conjugal home will be owned equally.
-Can’t encumber or dispose of his/her share
without consent of the other or after
cohabitation.
-Can alienate in favor of the other his or her
share BUT cant waive any interest in co-
ownership
-Void marriage: net share of bad faith is
forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
Void marriages included:
Art. 36: psychological incapacity
Art. 44: bad faith of both spouses in a
subsequent
marriage
Art. 53: non-liquidation, dissolution,
distribution of prop.
Those where there is absence of consent,
authority of solemnizer, license, marriage
ceremony.
Requisites:
- Cohabitation not falling under article 147.
62
unions the properties acquired by both of the
(governs void parties through their actual joint
marriages) contribution of money, property, or
industry shall be owned by them in
common in proportion to their
respective contributions. In the 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.
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 partnership
existing in such valid marriage. If the
party who acted in bad faith is not
validly married to another, his or her
shall be forfeited in the manner
provided in the last paragraph of the
preceding Article.
The foregoing rules on forfeiture shall
likewise apply even if both parties are in Bad faith: net share of bad faith is forfeited
bad faith
Structure:
- Parties are co-owners of property
acquired during cohabitation only upon
proof that each of them made an actual
contribution.
1. Salaries and wages are separately
owned; if either is married the salaries
go to that marriage.
2. Property acquired by the money of one,
belongs to that person exclusively
3. Only properties acquired by both of them
through joint contribution will be owned
by the in common in proportion to what
they gave (money, property, or industry
– but cant be mere care and
maintenance of family/household).
(Presumption is that shares over
property owned is equal shares but can
be rebutted through proof showing
otherwise.
4. If one of the parties is validly married,
that person’s share in the co-ownership
will accrue to the marriage.
to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be
considered as in good faith and their shares
shall go to them.

Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of
insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from
the contract implementing the decision. Contract will be a continuing offer upon acceptance by other spouse or court order.

63
THE FAMILY AS AN INSTITUTION
Art. 149: The family, being the foundation of the - Paramount importance is given to the family
nation, is a basic social institution which public as provided in the 1987 constitution.
policy cherishes and protects. Consequently, - Family relations are governed t law and no
family relations are governed by law and no custom or practice destructive of the family
custom, practice or agreement destructive of the will be recognized.
family shall be recognized or given effect.
Art. 150: Family relations include those: - Any person not included in the enumeration Exception to earnest
1. Between husband and wife; cannot be considered as within the term efforts:
2. Between parents and children; “family relations.” - Earnest effort is not
3. Among brothers and sisters, whether of the full - Before a suit can be filed by people belonging required if included in
or to the same family as provided in Art. 150, the suit between
half-blood. earnest efforts must be made to settle the family members is a
Art. 151: No suit between members of the same case amicably. stranger not of the
family shall prosper unless it should appear from *Earnest effort s meant for civil actions only. same family.
the verified complaint or petition that earnest - Does not apply to
efforts toward a compromise have been made, The following are excused from criminal liability cases, which may not
but that the same have failed. If it is shown that (only civil liability incurred) for theft, swindling or be compromised.
no such efforts were in fact made, the same case malicious mischief: - Does not apply to
must be dismissed. 1. Spouses, ascendants, and descendents or settlement of estate
This rules shall not apply to cases which may not relatives by affinity in the same line. guardianship, custody
be the subject of compromise under the Civil 2. The widowed spouse with respect to the of children, and
Code property of the deceased BEFORE someone habeas corpus
else possess it.
64
 3. Brothers and sisters and brothers-in-law and
sisters-in-law if they are living together.
 Exemption is not applicable to strangers
participating therein.
Prescription does not run between husband and
wife, parents and children during the latter’s
minority or insanity, and between guardian and
ward during the guardianship.

THE FAMILY HOME

Art. 152: The family home, constituted jointly by
the husband and the wife or by an unmarried
head of a family, is the dwelling house where they
and their family reside, and the land on which it is
situated.
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
constitution and so long as any of its beneficiaries
actually resides therein, the family home
continues to be such and is exempt from
execution, forced sale or attachment except as
hereinafter provided and to the extent of the
value allowed by law.
Art. 154: The beneficiaries of a family home are:
1. The husband and wife, or an unmarried person
who is the head of a family; and
2. Their parents, ascendants, descendants,
brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the
family home and who depend upon the head of
the family for legal support
Art. 155: The family home shall be exempt from
- Home is deemed constituted form the time it * Exemption from
is actually resided upon and occupied by the execution is not
family. No need for judicial or extrajudicial absolute as it is
requirement, deemed constituted by operation subject to certain
of law. limitation such as
- There must be the element of permanence indebtedness in
(thus a boat on water cannot be considered a certain instances (to
family home) be discussed in the
- Must be constituted by both husband and wife next articles)
jointly, the unmarried head of the family, or
the occupancy of beneficiaries in a home can
be constituted as a family home.
- The family home is exempt from execution,
forced sale or attachment as provided by law
- The actual occupancy of the beneficiaries in a
home may constitute the same as a family
home as long as they have the consent of the
husband or wife who own the house and lot
even if the owners do not reside in them.
- The whole value of the family home may be
65
execution, forced sale or attachment except:
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of
the family home;
3. For debts secured by mortgages on the
premises before or after such constitution; and
4. For debts due to laborers, mechanics,
architects, builders, material men and others who
have rendered service or furnished material for
the construction of the building.
Art. 156: The family home must be part of the
properties of the absolute community or the
conjugal partnership, or of the exclusive
properties of either spouse with the latter's
consent. It may also be constituted by an
unmarried head of a family on his or her own
property.
Nevertheless, property that is the subject of a
conditional sale on installments where ownership
is reserved by the vendor only to guarantee
payment of the purchase price may be constituted
as a family home.
Art. 157: The actual value of the family home
shall not exceed, at the time of its constitution,
the amount of the three hundred thousand pesos
in urban areas, and two hundred thousand pesos
in rural areas, or such amounts as may hereafter
be fixed by law.
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
shall be the basis of evaluation.
For purposes of this Article, urban areas are
deemed to include chartered cities and
municipalities whose annual income at least
equals that legally required for chartered cities.
All others are deemed to be rural areas.
Art. 158: The family home may be sold,
alienated, donated, assigned or encumbered by
used to pay obligations under Art. 155.
- The family home must be constituted at a
place where there is a fixed and permanent
connection with the persons constituting it.
Not considered:
1. Boat or vessel
2. Apartment or house being rented
3. House on another’s property
Considered: Property where ownership is
reserved to the one making the family home.
- Those above the amount stipulated (300,000
in urban, 200,000 in rural) will not be exempt
from execution forced sale or attachment.
- Prior to the family code constitution of a
family home was not automatic there was a
need to file for such. If prior to the family
code there are certain houses falling under the
value of a family home at the time of the
constitution of the family code (Aug. 3, 1988)
provided for the family home is deemed
automatically constituted.
Written consent needed for the disposition of the
family home:
66
the owner or owners thereof with the written
consent of the person constituting the same, the
latter's spouse, and a majority of the beneficiaries
of legal age. In case of conflict, the court shall
decide
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
years or for as long as there is a minor
beneficiary, and the heirs cannot partition the
same unless the court finds compelling reasons
therefor. This rule shall apply regardless of
whoever owns the property or constituted the
family home.
Art. 160: When a creditor whose claims is not
among those mentioned in Article 155 obtains a
judgment in his favor, and he has reasonable
grounds to believe that the family home is
actually worth more than the maximum amount
fixed in Article 157, he may apply to the court
which 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 of the family home exceeds the maximum
amount allowed by law as of the time of its
constitution. If the increased actual value exceeds
the maximum allowed in Article 157 and results
from subsequent voluntary improvements
introduced by the person or persons constituting
the family home, by the owner or owners of the
property, or by any of the beneficiaries, the same
rule and procedure shall apply.
1. Persons constituting the family home
2. Latter’s spouse
3. Majority of beneficiaries of legal age
- Security of the family is the concern of the law
thus they provide for a 10 year period despite
the death of the person who constituted the
family home. Furthermore the heirs cannot
partition the same unless the court finds
compelling reasons therefore.
- Bidders cannot bid below the amount of
300,000
- If the house is sold, 300,000 is given to the
owner of the house and the balance to the
creditor to satisfy his debt. This happens even
if the debt is not fully satisfied. (Idea is to
give 300,000 so that the debtor can buy a
house) This however does not apply when if
the creditor is one of those mentioned in
Article 155 (the debt must be satisfied even if
nothing is left with the owner).

At the execution sale, no bid below the value

allowed for a family home shall be considered.
The proceeds shall be applied first to the amount
mentioned in Article 157, and then to the
liabilities under the judgment and the costs. The
excess, if any, shall be delivered to the judgment
67
debtor.
Art. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter, a
person may constitute, or be the beneficiary of, only one family home.
Art. 162: The provisions in this Chapter shall also govern existing family residences insofar as said
provisions are applicable.

LEGITIMATE ILLEGITIMATE NOTES

Children conceived or born during the
marriage
Children as a result of artificial
insemination are legitimate provided that
both authorized or ratified the
insemination in a written instrument
signed by both of them before the birth
of the child (registered with the birth
certificate). I
PATERNITY AND FILIATION
Art. 163: The filiation of children may be by
nature or by adoption. Natural filiation may
be legitimate or illegitimate.
Art. 164: Children conceived or born during
the marriage of the parents are legitimate.
Children conceived as a result of artificial
insemination of the wife with 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 them
authorized or ratified such insemination in a
written instrument executed and signed by
them before the birth of the child. The
instrument shall be recorded in the civil
registry together with the birth certificate of
Children born or conceived outside a
valid marriage or in a void marriage
unless otherwise provided
If the requisites are not followed and the
father does not impugn the legitimacy of the
child, the child shall still be considered
legitimate.
If husband is able to impugn
legitimacy with regards to him child
will simply not be related, but in
relation to the mom the child will be
considered illegitimate
- Paternity and filiation refer to the relationship or
tie, which exists between parents and their
children.
- Illegitimate children are those conceived and
born outside a valid marriage or inside a void
marriage.
ARTIFICIAL INSEMINATION: wife is artificially
impregnated with the semen of her husband or with
the semen of a third person.
- Child of artificial insemination is considered
legitimate provided that both the husband
and wife authorize or ratify such insemination
in a written instrument and signed by them
before the birth of the child and that it is
recorded in the civil registry together with

68
the child.
Art. 165: Children conceived and born
outside a valid marriage are illegitimate,
unless otherwise provided in this Code.
Art. 166: Legitimacy of a child may be
impugned only on the following grounds:
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 immediately preceded the birth of the
child because of:
(a) the physical incapacity of the husband to
have sexual intercourse with his wife;
(b) the fact that the husband and wife were
living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which
absolutely prevented sexual intercourse;
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
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.
the birth certificate of the child.
- If the requirements given are not followed
and the husband does not impugn the
legitimacy of the child on grounds provided
by law within the prescriptive period the child
will still be considered legitimate.
Grounds to impugn legitimacy of the child: Art. 167: The child shall
1. Physically impossible for husband to have be considered legitimate
sexual intercourse with wife within the first although the mother may
120 days of the 300 days immediately have declared against its
preceding the birth of child due to: legitimacy or may have
a. Physical incapacity been sentenced as an
b. Living separately: must be living in adulteress.
such a way that sexual intercourse is
impossible. (Mere remoteness is not *Even if wife impugns
sufficient) legitimacy, child is still
c. Serious illness legitimate, only husband
- When a child is born inside a marriage, sexual and in proper cases the
intercourse is presumed to have occurred between heirs can impugn the
the husband and wife within the first 120 days of legitimacy. Unless: she
the 300-day period before the birth of the child. did not deliver the child
(Longest gestation period) herself, or did not come
2. Biological or scientific reasons the child could from her own womb.
not have been that of the husband (except
for artificial insemination)—if for biological
reasons offspring could not have been that of
the husband like if the child was a different
race from the father’s.
- Vasectomy is not enough proof because there are
times when the sperm can re-channel itself and
effect fertilization.
3. In case of artificial insemination the
authorization or ratification was obtained
through mistake, fraud, violence or
intimidation or undue influence.
* In the event that any of the grounds are proven,
the child will not be considered legitimate or
illegitimate but that simply the husband and child
are not related. In so far as the mother is
69

Art. 168: If the marriage is terminated and
the mother contracted another marriage
within three hundred days after such
termination of the former marriage, these
rules shall govern in the absence of proof to
the contrary:
1. A child born before one hundred eighty
days after the solemnization of the
subsequent marriage is considered to have
been conceived during 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 of the subsequent
marriage is considered to have been
conceived during such marriage, even though
it be born within the three hundred days after
the termination of the former marriage.
Art. 169: The legitimacy or illegitimacy of a
child born after three hundred days following
the termination of the marriage shall be
proved by whoever alleges such legitimacy or
illegitimacy.
Art. 170: The action to impugn the
legitimacy of the child shall be brought within
one year from the knowledge of the birth or
its recording in the civil register, if the
husband or, in a proper case, any of his
heirs, should reside in the city or municipality
where the birth took place or was recorded.
If the husband or, in his default, all of his
heirs do not reside at the place of birth as
defined in the first paragraph or where it was
recorded, the period shall be two years if
they should reside in the Philippines; and
concerned the child will be considered illegitimate.
- Presumption is in favor of legitimacy.
* Merely suppletory, if there is better proof then
such should be accepted.
- Sexual intercourse is presumed between spouses
during their marriage.
IN CASE OF 2 MARRIAGES:
- If child is born within 180 days after the
second marriage and within 300 days after
the termination of the first marriage the child
shall be considered to have been conceived
of the first marriage unless other proof is
given.
- If the child is born after 180 days after the
second marriage the child shall be considered
to have been conceived of the second
marriage unless other proof is given.
*But either way the child is still legitimate.
- If there is no subsequent marriage after 300 days
after the termination of the marriage there is no
presumption and thus convincing proof is
necessary.
Prescription for impugning the legitimacy of *It is from the
the child knowledge of the child’s
1. Within one year from the knowledge of the birth not the knowledge
birth or its recording if husband resides in that it is not his child.
city where birth took place or recorded.
2. Within 2 years, if the husband lives *Even if the birth was
elsewhere in the Philippines. concealed, if it was
3. Within 3 years, if he lives abroad registered and the father
4. If the birth of the child has been concealed, did not impugn the
prescription will begin from the discovery or child’s legitimacy during
knowledge of birth of child or the fact of the period provided then
registration of the birth (whichever is the child is legitimate.
earlier). (Cannot impugn since
70
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 from the discovery or knowledge of
the birth of the child or of the fact of
registration of said birth, whichever is earlier.
Art. 171: The heirs of the husband may
impugn the filiation of the child within the
period prescribed in the preceding article only
in the following cases:
1. If the husband should died before the
expiration of the period fixed for bringing his
action;
2. If he should die after the filing of the
complaint without having desisted therefrom;
or
3. If the child was born after the death of the
husband.
PROOF OF FILIATION
Art. 172: The filiation of legitimate children
is established by any of the following:
1. The record of birth appearing in the civil
register or a final judgment; or
2. An admission of legitimate filiation in a
public document or a private handwritten
instrument and signed by the parent
concerned.
In the absence of the foregoing evidence,
the legitimate filiation shall be proved by:
1. The open and continuous possession of
the status of a legitimate child; or
2. Any other means allowed by the Rules of
Court and special laws.
Art. 173: The action to claim legitimacy
may be brought by the child during his or
her lifetime and shall be transmitted to the
heirs should the child die during minority or
in a state of insanity. In these cases, the
registry is earlier)
- Legitimacy cannot be collaterally attacked or
impugned. Principally only the husband can file a
direct action to impugn the legitimacy of the child
even if the child is not his.
- The heirs are mere substitutes of the husband
and cannot file the action if the husband himself
failed to file such action despite knowledge of the
illegitimacy within the prescribed period.
- The record of birth appearing in the civil registry Proofs from rules of the
should have the husband’s signature and such birth court or special law:
certificate signed by the parents is adequate proof 1. Baptismal certificate
of paternity without need for further court action. 2. Judicial admission
- Admission in public or private handwritten 3. Family bible
document is a complete act of recognition without 4. Common reputation
need for court action 5. Admission by
 A mere instrument not in the silence
handwriting o the parent or not a public 6. Testimony of
instrument will not qualify. witness
- Open continuous possession means the father
treats the child as his own directly and not through
others, spontaneously and without concealment
 Must be spontaneous and uninterrupted
Action to claim legitimacy by the child Article 175:
May be brought by the child during his or her Illegitimate child
lifetime and may be transmitted to heirs if the child -Same as legitimate
dies during minority or in a state of insanity or children except when
after it has already been instituted by the child proof is through open and
71
heirs shall have a period of five years within
which to institute the action.
Article 176: Rights of an illegitimate
child
1. Bear the surname of the mother
 Even if paternity is certain, mother
surnames unless father admits that
is his child and lives with them then
surname of father can be used.
2. Be under the parental authority of the
mother, entitled to support from her
 Even if paternity is certain, if father
is not living with them he cannot
have parental authority.
 If the father acknowledges the child
and cohabits, he will be vested with
parental authority. Even if he leaves
after that it will not be considered a
waiver of his parental authority
unless violated legal grounds
provided for termination of parental
auth. (he will also be vicariously
liable for damages caused by the
child)
3. Legitime will be ½ of the legitime of a
legitimate child
4. Can get support only up to the
grandparents, and no right of
and child dies. continuous relationship or
Heirs have five years to institute action other rules of court in
which case it may only be
brought during the
lifetime of the alleged
parent.
Exception: if the child is
born in a valid marriage
though different man, he
cannot claim illegitimacy.
The man in the marriage
must first impugn the
legitimacy of the child
Article 174: Legitimate children shall have the
right:
1. To bear the surnames of the father and the
mother, in conformity with the provisions of the
Civil Code on Surnames;
2. To receive support from their parents, their
ascendants, and in proper cases, their brothers and
sisters, in conformity with the provisions of this
Code on Support; and
3. To be entitled to the legitimate and other
successional rights granted to them by the Civil
Code.
- A legitimate child has his or her whole lifetime to
file an action to claim his or her legitimacy.
72
 representation (if parent dies cant
inherit straight from grandparents)
5. Illegitimate child has his or her
lifetime to file an action to claim
illegitimacy if he/she has proof under
Art. 172 (claim for his status in not
transmissible to his heirs)
Art. 177: Only children conceived and born
outside of wedlock of parents who, at the
time of the conception of the former, were
not disqualified by any impediment to marry
each other may be legitimated.
Art. 178: Legitimation shall take place by a
subsequent valid marriage between parents.
The annulment of a voidable marriage shall
not affect the legitimation.
Art. 179: Legitimated children shall enjoy
the same rights as legitimate children.
(272a)
Art. 180: The effects of legitimation shall
retroact to the time of the child's birth.
Art. 181: The legitimation of children who
died before the celebration of the marriage
shall benefit their descendants.
Art. 182: Legitimation may be impugned
only by those who are prejudiced in their
Legitimated Children (legitimate by operation *Shall enjoy same rights
of law) as legitimate children,
Requirements: shall retroact to their
1. Children conceived and born outside wedlock birth.
2. Of parents who had no legal impediments to *No need for the
marry at that time the child was conceived acknowledgment of the
and father unlike the civil
3. They get married later on. (The fact that it is code.
a voidable marriage will not affect the *Legitimation will not
legitimation, but if it is a void marriage then affect property rights
illegitimate) already vested.
 IF the child dies before the celebration of the *If there is a legal
marriage, it will still benefit their descendants. impediment at the time of
 Only by those who are prejudiced in their conception the remedy is
rights within 5 years from the time their adoption.
cause of action accrues. (Refers basically to Exception: those born
inheritance rights but if the creditors are through adulterous
really prejudiced they must show how relationship and bigamous
legitimation affected such—vested rights prior marriage cannot be
to legitimation then those rights will not be legitimated.
taken from them)
 Right of action accrues only upon death of
parents when legitimes will vest
 Adopted children can be prejudiced with
regards to adopter parents or even natural
parents.
- In effect gives the children what they should
have enjoyed during the lifetime of their
father or mother.
- Contemplates inheritance or successional
rights, creditors (commercial or property
73
rights, within five years from the time their
cause of action accrues.
SUPPORT
Art. 194: Support comprises everything
indispensable for sustenance, dwelling,
clothing, medical attendance, education
and transportation, in keeping with the
financial capacity of the family.
The education of the person entitled to be
supported referred to in the preceding
paragraph shall include his schooling or
training for some profession, trade or
vocation, even beyond the age of majority.
Transportation shall include expenses in
going to and from school, or to and from
place of work.
Art. 195: Subject to the provisions of the
succeeding articles, the following are
obliged to support each other to the whole
extent set forth in the preceding article:
1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and
the legitimate and illegitimate children of
the latter;
4. Parents and their illegitimate children
and the legitimate and illegitimate children
of the latter; and
rights) are excluded unless it can be shown
that the legitimation affected their rights and
they are really prejudiced.
 Everything indispensable for sustenance,
dwelling, clothing, medical attendance,
education, and transportation (in keeping
with the financial capacity of the family)
 Schooling or training shall be applicable
even beyond the age of majority
 Transportation includes going to and from
school and place of work
 Can be given even beyond the age of
majority
 Support is never final (no res judicata) can
be changed
1. Spouses
2. Legitimate ascendant and descendants
3. Parents and their legitimate children and
their illegitimate/legitimate grandchildren
4. Parents and their illegitimate children and
their illegitimate/legitimate grandchildren
5. Legitimate brothers and sisters whether
whole or half blood
6. Brothers and sisters not legitimately related
are also obliged to support unless if he/she
is of age and is due to claimants fault or
negligence no support.
Art. 205: right to give or
obtain support shall not be
levied upon on attachment or
execution.
- Cannot be made to satisfy
any judgment against the
recipient.
Except: the excess beyond
required for legal support in a
will or contractual supports
hall be subject to levy or
execution. (Contractual
support is subject to
adjustment whenever
modification is necessary)
*Adopted children only up to
parents for support. Others
aren’t obliged to support. (If
the adopter dies or abandons
then the state takes over)
*Mandatory and essential
cannot be transmitted to a 3rd
person nor can it be waived.
(Prohibition against any
compromise of the right to
future support)
*If relationship between one
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5. Legitimate brothers and sisters, whether
of full or half-blood
Art. 196: Brothers and sisters not
legitimately related, whether of the full or
half-blood, are likewise bound to support
each other to the full extent set forth in
Article 194, except only when the need for
support of the brother or sister, being of
age, is due to a cause imputable to the
claimant's fault or negligence.
Article 197: In case of legitimate
ascendants; descendants, whether
legitimate or illegitimate; and brothers and
sisters, whether legitimately or
illegitimately related, only the separate
property of the person obliged to give
support shall be answerable provided that
in case the obligor has no separate
property, the absolute community or the
conjugal partnership, if financially capable,
shall advance the support, which shall be
deducted from the share of the spouse
obliged upon the liquidation of the absolute
community or of the conjugal partnership
- A child inside a womb is already considered born
thus entitled to all benefits that accrue to him/her
provided that the child is born after.
- They are no longer bound when the child is
above the age of majority or due to the
negligence.
 Support for legitimate ascendants,
descendants (legitimate or illegitimate),
brothers and sisters (legitimate or
illegitimately related) shall be taken from
separate property
 If no separate properties from ACP or CPG
(advancement).
 But if it is the illegitimate children,
insufficiency is enough to make ACP liable and
insufficiency plus payment of charges to make
CPG liable.
 For spouses, generally from ACP or CPG
absence of then from fruits of ACP or CPG
insufficiency or absence of from the
separate properties themselves.
to be supported and the one
to support is in issue, status
of the parties should be
established first.
*IF the legitimate
descendants are the common
children then ACP and CPG
shall be principally charged.
*Support can’t be taken from
the children’s property unless
there was no need or demand
from recipient. (If this
happens can forfeit bond
made by guardian parent over
property-art. 225)
75
Art. 198: During the proceedings for legal
separation or for annulment of marriage,
and for declaration of nullity of marriage,
the spouses and their children shall be
supported from the properties of the
absolute community or the conjugal
partnership. After the final judgment
granting the petition, the obligation of
mutual support between the spouses
ceases. However, in case of legal
separation, the court may order that the
guilty spouse shall give support to the
innocent one, specifying the terms of such
order.
 Support pending litigation generally obtain
from ACP or CPG
 In case of support between husband and wife
where validity of marriage is in issue,
aggrieved cannot be given support pendent
elite by the other spouse (from his separate
property)
 Legal separation or annulment: spouses shall
be supported by ACP or CPG.
*After declaration of nullity or
annulment no more obligation
to support
*In legal separation support
ceases unless guilty spouse is
ordered to support innocent.
*If wife is adulterous it can be
a defense in an action for
support against separate
property of the spouse but
wife can still get support from
ACP or CPG.
76
Art. 199: Whenever two or more persons
are obliged to give support, the liability
shall devolve upon the following persons in
the order herein provided:
1. The spouse;
2. The descendants in the nearest degree;
3. The ascendants in the nearest degree;
and
4. The brothers and sisters.
Art. 200: When the obligation to give
support falls upon two or more persons,
the payment of the same shall be divided
between them in proportion to the
resources of each.
However, in case of urgent need and by
special circumstances, the judge 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.
When two or more recipients at the same
time claim support from one and the same
person legally obliged to give it, should the
latter not have sufficient means to satisfy
all claims, the order established in the
preceding article shall be followed, unless
the concurrent obligees should be the
spouse and a child subject to parental
authority, in which case the child shall be
preferred.
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 and to the necessities of
the recipient.
Art. 202: Support in the cases referred to
 The list is in order of priority of who should
support first. The others are not obliged to
give support if those higher on the list are
present.
Art. 200:if the liability to support falls on 2
people it will be divided between them in the
proportion of their resources.
-But in case of urgency, the judge may order only
one of them to give and then just get reimbursed
from the other after.
-When there are two or more people claiming for
support and the one obliged to give doesn’t have
enough, order will be followed except when the
one who needs support is a spouse and a child in
which case the child shall be preferred. (Wife is
preferred when it is an illegitimate child)
 Support can be increased or decreased
depending on the needs of the recipient
and the resources of the person obliged
to give it.
 Judgment for support does not become final
Demanding support
77
in the preceding article shall be reduced or
increased proportionately, according to the
reduction or increase of the necessities of
the recipient and the resources or means of
the person obliged to furnish the same.
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 maintenance, but it shall not
be paid except from the date of judicial or
extra-judicial demand.
Support pendente lite may be claimed in
accordance with the Rules of Court.
Payment shall be made within the first five
days of each corresponding month or when
the recipient dies, his heirs shall not be
obliged to return what he has received in
advance.
Art. 204: The person obliged to give
support shall have the option to fulfill the
obligation either by paying the allowance
fixed, or by receiving 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 a moral or legal obstacle thereto.
Art. 205: The right to receive support
under this Title as well as any money or
property obtained as such support shall not
be levied upon on attachment or execution.
Art. 206: When, without the knowledge of
the person obliged to give support, it is
given by a stranger, the latter shall have a
right to claim the same from the former,
unless it appears that he gave it without
intention of being reimbursed.
 Demandable from the time person who has
the right to receive it needs it (need for
support is not presumed, must be
established).
 No support given without judicial or
extrajudicial demand. (Made within the
first 5 years of every month)
 Demand is essential shows manifestation of
needs.
How to provide support
 Can be by giving the money or allowance
 Or by allowing the person to stay in family
dwelling unless there is a legal or moral
obstacle (usually refers to illegitimate
children who are generally not allowed to
get from ACP or CPG)
 The right to receive support and the money * However in case of
or property obtained as such support cannot contractual support or that
be made to satisfy any judgment against given by will, the excess
the recipient amount beyond that required
for legal support can be
subject of execution.
Art. 206 Requisites: Quasi-contract: juridical
 There is a need to be supported and relation which arises from
without knowledge of person obliged to certain lawful, voluntary and
give support it is given by another, he can unilateral acts to the end that
reimburse unless he has no intention of no one shall be unjustly
being reimbursed. enriched or benefited at the
78

Art. 207. When the person obliged to
support another unjustly refuses or fails to
give support when urgently needed by the
latter, any third person may furnish
support to the needy individual, with right
of reimbursement from the person obliged
to give support. This Article shall
particularly apply when the father or
mother of a child under the age of majority
unjustly refuses to support or fails to give
support to the child when urgently needed.
Art. 208: In case of contractual support or
that given by will, the excess in amount
beyond that required for legal support shall
be subject to levy on attachment or
execution
PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and
duty of parents over the person and
property of their unemancipated children,
parental authority and responsibility shall
include the caring for and rearing them for
civic consciousness and efficiency and the
development of their moral, mental and
physical character and well-being.
Art. 210: Parental authority and
responsibility may not be renounced or
transferred except in the cases authorized
by law.
 If person obliged to give support unjustly expense of another (basis for
refuses a third person can give it with right reimbursement of one who
of reimbursement. gives support)
Art. 207 Requisites:
1. Urgent need to be supported on the part of
the recipient
2. The person obliged to support unjustly
refuses or fails to give support.
3. Third person furnishes the support to the
needy individual
*If all are present 3rd person shall have right to
reimbursment.
- This is different from legal support, which
cannot be levied upon; contractual support
however is not mandated by law.
- The excess in amount of legal support shall
be subject to levy on attachment or
execution.
- Natural affection between the parents and
the offspring has always been recognized as
an inherent and natural right.
- Parental authority involves a mass of rights
and obligations.
- Parental authority and responsibility may Except when provided by law
not be renounced or transferred except in (Cases of adoption,
the cases authorized by law. Parental guardianship and surrender to
authority and responsibility cannot be a children’s home or
renounced or transferred orphanage)
-When a parent gives
authority to another it merely
temporary custody not
renunciation.
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Art. 211: The father and the mother shall
jointly exercise parental authority over the
persons of their common children. In case
of disagreement, the father's decision shall
prevail, unless there is a judicial order to
the contrary.
Children shall always observe respect and
reverence towards their parents and are
obliged to obey them as long as the
children are under parental authority.
Art. 212: In case of absence or death of
either parent, the parent present shall
continue exercising parental authority. The
remarriage of the surviving parent shall not
affect the parental authority over the
children, unless the court appoints another
person to be the guardian of the person or
property of the children.
Art. 213: In case of separation of the
parents, parental authority shall be
exercised by the parent designated by the
Court. The Court shall take into account all
relevant considerations, especially the
choice of the child over seven years of age,
unless the parent chosen is unfit.
Art. 214: In case of death, absence or
unsuitability of the parents, substitute
parental authority shall be exercised by the
 In case of disagreement the father’s
decision shall prevail unless there is a
judicial order.
 Children should observe respect and are
obliged to obey them as long as they are
under their parental authority
 Applies to both legitimate and illegitimate
Requisites for it to apply to illegitimate:
1. Paternity is knows or the father is certain.
2. Illegitimate is living with the father and
mother who are cohabiting without the
benefit of marriage.
(If one of the requisites are missing only mother
has parental authority)
*Father’s subsequent separation does not mean a
renunciation. Once parental authority is vested
cannot be waived.
 If a spouse dies, the other spouse still has *New spouse does not get
parental authority parental authority by the fact
 Remarriage does not affect the parental of marriage. New spouse
authority of the parent. must adopt the children to
 Lesbianism not a ground to deprive of have parental authority.
custody.
 In case of separation the court shall *This does not mean that the
designate a parent to have parental other parent has no more PA.
authority (taking into consideration choice *Habeas corpus is proper
of those 7 and above) remedy to get custody of a
 No child below 7 shall be separated from child from the other parent or
mother unless there is compelling 3rd persons.
reason not to do so. (Age is considered
from when the decision is made or when
custody is given)
 Custody may also be given to 3rd persons if
the situation so warrants.
 In case of death, absence or unsuitability of
the parents substitute parental authority
shall be exercised by the surviving
80
surviving grandparent. In case several
survive, the one designated by the court,
taking into account the same consideration
mentioned in the preceding article, shall
exercise the authority.
Art. 215: No descendant shall be
compelled, in a criminal case, to testify
against his parents and grandparents,
except when such testimony is
indispensable in a crime against the
descendant or by one parent against the
other.
SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
Art. 216: In default of parents or a
judicially appointed guardian, the following judicially appointed guardian in default of such
person shall exercise substitute parental
authority over the child in the order
indicated:
1. The surviving grandparent, as provided in
Art. 214;
2. The oldest brother or sister, over twenty-
one years of age, unless unfit or
disqualified; and
3. The child's actual custodian, over twenty-
one years of age, unless unfit or
disqualified.
Whenever the appointment or a judicial
guardian over the property of the child
becomes necessary, the same order of
preference shall be observed.
Art. 217: In case of foundlings, abandoned
neglected or abused children and other
grandparent.
 In case several grandparents survive, the
court will decide.
 No descendant shall be compelled in a *Not mandatory in nature so
criminal case to testify against his parents if the child wants to he can do
or grandparents unless the crime is against so voluntarily.
the descendant or by one parent against the
other.
 Husband and wife during or after the
marriage cannot be examined without the
consent of the other (marital privilege).
Except: in a civil case by one against the
other, in a criminal case by one against the
other or to the latter’s descendant or
ascendant.
1st: parents exercise parental authority then a *They will have the rights
and responsibilities of a
guardian: parent enumerated in art.
1. Surviving grandparent 220 onwards.
2. Oldest brother or sister over 21 *Order is not mandatory:
3. Child’s actual custodian over 21 paramount interest
* The list is merely a guideline, fitness,
capabilities, etc must still be considered.
In case of no family members (foundling,
abandoned, neglected or abused children and
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children similarly situated, parental
authority shall be entrusted in summary
judicial proceedings to heads of children's
homes, orphanages and similar institutions
duly accredited by the proper government
agency.
Art. 218: The school, its administrators and
teachers, or the individual, entity or
institution engaged in child are shall have
special parental authority and responsibility
over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all
authorized activities whether inside or
outside the premises of the school, entity or
institution.
Art. 219: Those given the authority and
responsibility under the preceding Article
shall be principally and solidarily liable for
damages caused by the acts or omissions of
the unemancipated minor. The parents,
judicial guardians or the persons exercising
substitute parental authority over said minor
shall be subsidiarily liable.
The respective liabilities of those referred to
in the preceding paragraph shall not apply if
it is proved that they exercised the proper
diligence required under the particular
circumstances.
All other cases not covered by this and the
other children similarly situated)
- Parental authority shall be entrusted in
summary judicial proceedings to heads of
children’s homes, orphanages, etc.
Transfer of parental authority:
1. Involuntary: by DSWS who files with court
to have custody over the child.
2. Voluntary: parent or child commits to the
DSWS (surrendered in writing by parents,
if only 1 and the other is dead or
abandoned for at least 1 year 1 parent
authorization is enough)
 School, administrators, teachers, Except: no liability by those
individuals or entities engaged in child with special parental
care shall have special parental authority authority if it can be proven
and responsibility over the minor child that such person exercised
while under their supervision, instruction, the proper diligence in the
custody. (This authority applies to circumstances. Parents
authorized activities inside or outside the can’t use diligence as a
premises) defense (imputed liability
 Those given special authority shall be flows from filial relation).
principally and solidariliy liable (civil *Can be an academic or
liability) for damages caused by the acts non-academic school.
or omissions of the minor. (Must be
teacher in charge etc).
 Parents or those who have substitute
parental authority shall be subsidiarily
liable (if persons with special authority
cannot cover the liability)
 Under the civil code, article 2180,
teachers etc can still be held liable when
children are not anymore minors subject
to the defense of proper diligence.
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preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts.

EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN

Art. 220: The parents and those exercising
parental authority shall have with the
respect to their unemancipated children on
wards the following rights and duties:
1. To keep them in their company, to
support, educate and instruct them by right
precept and good example, and to provide
for their upbringing in keeping with their
means;
2. To give them love and affection, advice
and counsel, companionship and
understanding;
3. To provide them with moral and spiritual
guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance,
industry and thrift, stimulate their interest in
civic affairs, and inspire in them compliance
with the duties of citizenship;
4. To furnish them with good and
wholesome educational materials, supervise
their activities, recreation and association
with others, protect them from bad
company, and prevent them from acquiring
habits detrimental to their health, studies
and morals;
5. To represent them in all matters affecting
their interests;
6. To demand from them respect and
obedience;
7. To impose discipline on them as may be
required under the circumstances; and
8. To perform such other duties as are
imposed by law upon parents and
guardians.
Art. 221: Parents and other persons
Rights and duties of parents: *Cases in the US would
1. Support, educate and instruct them, show that support can be
provide for their upbringing in keeping withheld from the child as a
with their means. disciplinary sanction if the
2. Love and affection, advice, counseling, child refuses to obey the
companionship, and understanding father. (But mere
3. Moral and spiritual guidance disagreements or delinquent
4. Physical and mental health behavior does not generally
5. Good and wholesome educational terminate support). ROE V.
materials and prevent them from bad DOE.
company
6. Represent them in all matters affecting
their interest.
7. Demand respect and obedience
8. Impose discipline
9. Others imposed by law
Disciplinary Actions: parents may inflict a
reasonable measure of corporal punishment.
(Read Child and Youth Welfare Code –Rights of
the child)
 Parents are primarily liable (civilly) for Exception: if parents can
83
exercising parental authority shall be civilly
liable for the injuries and damages caused
by the acts or omissions of their
unemancipated children living in their
company and under their parental authority
subject to the appropriate defenses provided
by law.
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.
Art. 223: The parents or, in their absence
or incapacity, the individual, entity or
institution exercising parental authority,
may petition the proper court of the place
where the child resides, for an order
providing for disciplinary measures over the
child. The child shall be entitled to the
assistance of counsel, either of his choice or
appointed by the court, and a summary
hearing shall be conducted wherein the
petitioner and the child shall be heard.
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 warrant, the
court may also order the deprivation or
suspension of parental authority or adopt
such other measures as it may deem just
and proper.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
injuries and damages caused by the acts show that they exercised the
and omissions of their unemancipated diligence of a good father,
children living in their company and under then no liability.
their parental authority.
 Court may appoint a guardian for
purposes of the lawsuit when the best
interest of the child requires it.
GUARDIANSHIP: trust relation of the most
sacred character.
 Person who has parental authority may Art. 224: The measures
seek the assistance of the court to referred to in the preceding
discipline the child and with a counsel article may include the
shall undergo a summary hearing. commitment of the child for
 If the court finds that it is the petitioner at not more than thirty days in
fault, the court may suspend or deprive entities or institutions
him of parental authority. engaged in child care or in
 During the commitment of the child the children's homes duly
parent cannot interfere with the care of accredited by the proper
the child but will provide support. government agency.
 The court may terminate the commitment The parent exercising
of the child whenever just and proper. parental authority shall not
interfere with the care of the
child whenever committed
but shall provide for his
support. Upon proper
petition or at its own
instance, the court may
terminate the commitment
of the child whenever just
and proper.
84
Art. 225. The father and the mother shall
jointly exercise legal guardianship over the
property of the unemancipated common child
without the necessity of a court appointment.
In case of disagreement, the father's decision
shall prevail, unless there is a judicial order to
the contrary.
Where the market value of the property or the
annual income of the 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 per
centum (10%) of the value of the property or
annual income, to guarantee the performance
of the obligations prescribed for general
guardians.
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 any part thereof is
situated.
The petition shall be docketed as a summary
special proceeding in which all incidents and
issues regarding the performance of the
obligations referred to in the second paragraph
of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be
merely suppletory except when the child is
under substitute parental authority, or the
guardian is a stranger, or a parent has
remarried, in which case the ordinary rules on
guardianship shall apply.
 No need for a judicial court to appoint
parents as guardians. It is presumed
that the parents act for the best
interest of the child.
Prohibition (cases where a parent cannot be
the administrator of the property):
1. When a parent is disinherited and
his/her child inherits from the child’s
grandparents his share of the
compulsory inheritance, the parent
cannot administer such property. The
parent however can administer
whatever is given to the child by way of
voluntary will.
2. When the parent is unfit to administer
the property and thus a guardian is
needed.
- Parent’s authority over the estate of the
ward as a legal-guardian would not
extend to acts of encumbrance or
disposition, as distinguished from acts
of management or administration.
1. if the market value of total property or
income of child is more than P50k, the parent
has to give a bond not less than 10% of value
of property to guarantee performance of the
obligations prescribed for general guardians.
(to be sure that guardians don’t abuse their
authority and do what they are required to
do)
2. rules on guardianship apply supplementary
to parents, but if child is under substitute
parental authority or guardian is a stranger
then rules on guardianship apply.
*parent’s authority over the estate does not
include alienation or encumbrance, or
compromise or waiver (void). – authority is
needed from court.
85
Art. 226. The property of the unemancipated
child earned or acquired with his work or
industry or by onerous or gratuitous title shall
belong to the child in ownership and shall be
devoted exclusively to the latter's support and
education, unless the title or transfer provides
otherwise.
The right of the parents over the fruits and
income of the child's property shall be limited -the fruits of such can only be used by the
primarily to the child's support and secondarily parents for the support of the child and
to the collective daily needs of the family.
Art. 227: If the parents entrust the
management or administration of any 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
monthly allowance in an amount not less than
that which the owner would have paid if the
administrator were a stranger, unless the
owner, grants the entire proceeds to the child.
In any case, the proceeds thus give in whole or
in part shall not be charged to the child's
legitime.
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Art. 228: Parental authority terminates
permanently:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child.
Art. 229: Unless subsequently revived by a
final judgment, parental authority also
terminates:
1. Upon adoption of the child;
2. Upon appointment of a general guardian;
3. Upon judicial declaration of abandonment of
the child in a case filed for the purpose;
4. Upon final judgment of a competent court
divesting the party concerned of parental
authority; or
 Child’s salary still for his/her exclusively
used for benefit of child but child also
has obligation to support ascendants
thus salary can be used.
 Parent’s cannot use property for
personal use.
-the child shall own exclusively whatever he
earns or by onerous or gratuitous title.
secondarily for the support of the family.
 Parents who engage their
unemancipated child to take care of
their properties are to give their child a
monthly allowance taken from the gross
proceeds of the property for the month.
Such will not be charged to the child’s
legitime.
 The net proceeds or the balance left
after the payment of the allowance and
expenses will go to the parents
 The court upon the death of the parents *parental authority cannot
can appoint a guardian on petition of a be revived in these cases.
relative, family friend, or DSWD.
 These situations extinguishes parental
authority
Grounds for termination: *for the reinstatement of
1. Adoption – all legal ties are severed an parental authority judicial
are vested on the adopter. declaration is needed for
2. appointment of guardian reinstatement of parental
3. abandonment of child (upon judicial authority.
declaration in a case filed for the
purpose)
4. final judgment from court depriving
parental authority
5. judicial declaration of absence or
86
5. Upon judicial declaration of absence or
incapacity of the person exercising parental
authority.
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 penalty of civil interdiction. The
authority is automatically reinstated upon
service of the penalty or upon pardon or
amnesty of the offender.
Art. 231: The court in an action filed for the
purpose in a related case may also suspend
parental authority if the parent or the person
exercising the same:
1.Treats the child with excessive harshness or
cruelty
2. Gives the child corrupting orders, counsel or
example;
3. Compels the child to beg; or
4. Subjects the child or allows him to be
subjected to acts of lasciviousness.
The grounds enumerated above are deemed to
include cases, which have resulted from
culpable negligence of the parent or the person
exercising parental authority.
If the degree of seriousness so warrants, or
the welfare of the child so demands, the court
shall deprive the guilty party of parental
authority or adopt such other measures as
may be proper under the circumstances.
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 court finds that the cause therefor has
ceased and will not be repeated.
Art. 232: If the person exercising parental
authority has subjected the child or allowed
him to be subjected to sexual abuse, such
incapacity of person
- parental authority is suspended upon *parental authority is
conviction of the parent of a crime that has automatically reinstated
civil interdiction (loss of rights of parental upon service of sentence or
authority, guardianship to person and pardon.
property of ward, marital authority, right to
manage his property and right to dispose of
such.
Suspension of parental authority (can be *if the degree or
from a case related, offshoot of another case. seriousness so warrants
Does not have to be case filed for the parent may be deprived of
purpose) authority.
1. treats the child with excessive *Parental authority may be
harshness or cruelty revived in a case filed for its
2. gives child corrupting orders, example purpose or in the same
or counsel proceeding if the court finds
3. Compels the child to beg that the cause has ceased.
4. Subjects or allows him to be subject to
acts of lasciviousness (not actual sexual
act, force or intimidation with lewd
design)
* This may include cases where the parent
was negligent or didn’t do anything about
the situation.
 If the person exercising parental *parental authority cannot
authority has subjected the child or be revived for sexual abuse.
allowed him to be subjected (culpable *RPC: parental authority can
87
person shall be permanently deprived by the
court of such authority.
Art. 233: The person exercising substitute
parental authority shall have the same
authority over the person of the child as the
parents.
In no case shall the school administrator,
teacher of individual engaged in child care
exercising special parental authority inflict
corporal punishment upon the child.
negligence of a parent) to sexual be deprived or suspended up
abuse parental authority will be to the discretion of the
permanently deprived courts.
Under RPC: any person entrusted with
parental authority of a child under 16 years of
age to deliver, gratuitously or in consideration
of a price, such child to vagrant or beggar,
employs children in exhibitions (circus,
carnival, etc.)
Corporal punishment of those with
special parental authority:
- those exercising substitute parental
authority will have all the same rights
and authorities over the child (can
inflict corporal punishment)
- those with special parental authority
cannot inflict corporal punishment on
the child. (schools can impose certain
measures of disciplinary action but
cannot inflict any physical punishment)

Criminal liability of parents:

1. conceals or abandons the child with intent to make him/her loose his civil status
2. abandons child depriving him of the love, care, and protection he needs
3. sells or abandons child for a valuable consideration
4. neglects the child by not giving him the education which the family can afford
5. fails or refuses without justifiable reason to enroll child
6. causes, abates, or permits truancy of the child. (absence without cause for more than 20 days, not necessarily
consecutive)
7. exploits child by using him for begging, etc.
8. inflicts cruel and unusual punishment
9. encourages or causes child to lead an immoral or dissolute life
10. permits child to use or carry dangerous weapons
11. allows or requires child to drive without a license.

EMANCIPATION
Art. 234: Emancipation takes place by - Emancipation is attained upon reaching 18 years
the attainment of majority. Unless of age. Marriage is no longer a ground for
88
otherwise provided, majority commences emancipation since now one can only contract a
at the age of eighteen. marriage when they marry.

Art. 236: Emancipation for any cases
shall terminate parental authority over
the person and property of the child who
shall then be qualified and responsible
for all acts of civil of life, save the
exceptions established by existing laws
in special cases.
Contracting marriage shall require
parental consent until the age of 21.
Nothing in this code shall be construed to
derogate from the duty or responsibility
of parents and guardians for children and
wards below twenty-one years of age
mentioned in the second and third
paragraphs of Article 2180 of the civil
code.
- Parental consent is more in keeping with Filipino *Illegitimate children:
culture and tradition. liability is with the
- Once emancipated he/she can sue or be sued mother; the father is only
alone, and is responsible and qualified for all acts relied upon for support.
of civil life
Parent’s liability:
- The father and in case of death or incapacity the
mother are responsible for the damages caused
by the children between 18 and 21 who live in
their company.
- Parents are also subsidiary liable for the acts or
omission of their emancipated child living in their
custody,
Guardian’s liability:
- Guardians are liable for damages if the person is
under their authority and live in their company.

Summary proceedings:
- claims for damages by either spouse must be done in a separate action.
- Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can
be assisted by counsel after.
- Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still
appeal to higher courts on the basis of denial of due process.
Family courts:
- shall establish family courts in every province and city. If the city is the capital of the province then in the
municipality with the highest number of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2. petitions for guardianship, custody, habeas corpus
3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
5. support and acknowledgment
89
 6. summary judicial proceedings
7. declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8. Constitution of family home
9. Cases against minors (dangerous drugs act)
10. Violations of 7610
11. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal
proceedings)
*if any become an incident to a case pending in the regular courts it shall be decided there.

Funerals:
- same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers
and sisters above 21)
 Brothers and sisters or descendants –oldest are preferred, ascendants – paternal is preferred.
- In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in
the absence religious beliefs, in case of doubt shall be decided upon by the person making the arrangements after
consultation with the family.
- Human remains can’t be disposed or exhumed without the consent of the persons in arrangement.
- A person who allows disrespect to the dead will be liable to the family for moral and material damages.
- Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is
making arrangements.

USE OF SURNAMES
Art. 364: Legitimate and legitimated
children shall principally use the surname of
the father.
Art. 365: An adopted child shall bear the
surname of the adopter.
Art. 366: A natural child acknowledged by
both parents shall principally use the
surname of the father. If recognized by only
one of the parents, a natural child shall
employ the surname of the recognizing
- Legitimate, legitimated children use
surname of their dad
- Adopted children are considered the
legitimate child of the adopter for all
intents and purposes and thus is entitled to
all the rights and obligations provided by
law.
- Adopted children bear the name of their
adopter.
Art. 176: illegitimate children shall use the
surname of the mother and shall be under their
parental control.
- Art. 176 however does not apply if the
father of the illegitimate child is certain as
90
parent.
Art. 367: Natural children by legal fiction
shall principally employ the surname of the
father.
Art. 368: Illegitimate children referred to in
Article 287 shall bear the surname of the
mother.
Art. 369: Children conceived before the
decree annulling a voidable marriage shall
principally use the surname of the father.
Art. 370: A married woman may use:
1. Her maiden first name and surname and
add her husband's surname, or
2. Her maiden first name and her husband's
surname or
3. Her husband's full name, but prefixing a
word indicating that she is his wife, such as
"Mrs."
Art. 371: In case of annulment of marriage,
and the wife is the guilty party, she shall
resume her maiden name and surname. If
she is the innocent spouse, she may resume
her maiden name and surname. However,
she may choose to continue employing her
former husband's surname, unless:
1. The court decrees otherwise, or
2. She or the former husband is married
again to another person.
Art. 372: When legal separation has been
granted, the wife shall continue using her
when the said father categorically admits
that the illegitimate common child is his
and at the same time such father lives with
the illegitimate child and the mother.
- Illegitimate children shall principally use Exception: father is certain
the name of the mother or recognizes illegitimate child
and the father lives with the
illegitimate child and mother.
Then can use fathers surname
- Children conceived before the decree
annulling a voidable marriage shall use
surname of father.
- Decree of annulment is final 15 days after
it is made thus even if the child was born
during that 15 day period the child will still
be legitimate.
Married woman may use:
1. Her own name
2. maiden first name, surname and husbands
surname
3. maiden name and her husbands surname
4. husbands full name plus “Mrs.”
* Option is give to the woman.
In case of annulment:
1. wife is guilty: shall resume her maiden
name
2. innocent: resume her maiden name or
continue using her husbands name unless
the court decrees otherwise or if either of
them remarries.
In case of legal separation: wife will continue
to use the name she used prior to separation
Widow: may continue to use deceased
husband’s surname
91
name and surname employed before the
legal separation.

Art. 373: A widow may use the deceased

husband's surname as though he were still
living, in accordance with Article 370.

Art. 374: In case of identity of names and  If there are similar names, the younger will Grandsons and direct male
surnames, the younger person shall be be obliged to use additional names descendants will use:
obliged to use such additional name or  If between ascendants and descendants 1. add middle name or
surname as will avoid confusion. the word “junior” can only be used by a mothers surname
son. add roman numerals
Art. 375: In case of identity of names and
surnames between ascendants and
descendants, the word "Junior" can be used
only by a son. Grandsons and other direct
male descendants shall either:
1. Add a middle name or the mother's
surname, or
2. Add the Roman Numerals II, III, and so
on.

Art. 376: No person can change his name  No change in name or surname without Exception: if it is for merely
or surname without judicial authority. judicial authority changing clerical or
Reasons for change in surname: typographical error no need
1. ridiculous name for judicial authority (must
2. change of civil status not involve a change in
3. to avoid confusion nationality, age, status, or
*laws do not permit a legitimate child of another sex)
to adopt the surname of another person even if Change in nickname:
that person is exercising parental authority. But if 1. ridiculous, tainted with
it is an illegitimate child, change of surname is dishonor, difficult to
permitted pronounce
- change of name does not alter family 2. habitually used and
relations, rights or duties, legal capacity, known by other people
civil status or citizenship. as that
3. change will avoid
confusion.
Art. 377: Usurpation of a name and  The usurpation or use of a name and *usurpation means some
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surname may be the subject of an action for
damages and other relief.
Art. 378: The unauthorized or unlawful use
of another person's surname gives a right of
action to the latter.
Art. 379: The employment of pen names or
stage names is permitted, provided it is
done in good faith and there is no injury to
third persons. Pen names and stage names
cannot be usurped.
surname without authority could result in a
claim for damages
 Unauthorized or unlawful use of another’s
name also gives right for an action to the
latter.
 Pen names and stage names permitted as
long as done in good faith and no one gets
injured.
injury to the interests of the
person (possibility of
confusion of identity etc)
*stage names cannot be
usurped as the people have
vested rights in them as well.

Art. 380: Except as provided in the

preceding article, no person shall use
different names and surnames.

Absence:
- at the instance of an interested party the judge may appoint a person to represent him
- judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) –
spouse is preferred if no legal separation.
Declaration of - 2 yrs if no news about the absentee
absence - 5 yrs if absentee left someone in charge
Who may seek - spouse present *judicial declaration shall not take effect
declaration of - heirs instituted in a will until 6 months after its publication.
absence - relatives who may succeed by the law of intestacy
(legitimate, illegitimate relatives, collateral
relatives)
- those who have right to the property subordinated
to the condition of his death
Some of its effects - cause for involuntary judicial separation *spouse can’t alienate/encumber
- basis for termination of property regime property without judicial authority.
- transfer of exclusive properties to the present
spouse
- termination of parental authority
Termination of - when absentee appears of his agent
administration - death of the absentee is proved and his heirs
appear
- 3rd person appears with a right over the property

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Presumption of death - 7 years for intents and purposes except succession
through absence - 10 yrs for purposes of opening succession
- if disappeared after the age of 75, 5 years enough
Presumption of death - on board a lost vessel during sea voyage, airplane
in dangerous that is missing and has not been heard of in 4
situations years since loss. (if there is a wreckage and person
is missing, not 4 years)
- Person in the armed forces engaged in war and is
missing for 4 years
- Person in danger of death and existence has not
been known for 4 years.
*if the absentee appears or his existence
is proven he shall recover all his property
in the condition they are in but cannot
claim the fruits or rents.
*if the absentee is the heir, his share
shall accrue to his co-heirs, unless hi has
heirs or a representative. (right of
representation). If absentee reappears
he has claim to get what was supposed
to be his from those that got it within the
prescriptive period.
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ADDITIONAL NOTES AND REVIEW AIDS:

Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of
statute.

Domestic adoption
- Policy of the state to ensure that child is provided with love, care and remains with parents and only when the child
can’t be placed with extended family shall adoption by unrelated person be considered.
In accordance with tenets of:
1. UN Convention on Rights of a Child
2. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
3. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
1. Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential adopter
before birth, etc.)
2. Prevent child from unnecessary separation from parents
3. Protect adoptive parents from disturbance of their parental authority over adopted.
4. Promote sensitive environment for adoption through campaigns and public information
5. Government has sufficient capacity to provide for adoption properly.
6. Encourage domestic adoption and make inter-country adoption a last resort.
- Being a statutory creation, all requirements must be met with if not, no rights may flow from this.
Pre-Adoption Services: Counseling for natural parents, adopter, and adoptee.
Eligibility:
1. Filipino citizen of legal age with full civil capacity and legal rights.
a. Not convicted of a crime involving moral turpitude
b. Emotionally/Psychologically capable of caring for children
c. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological
parent)
d. In a position to support and care for
2. Aliens with same qualifications plus
a. Country has diplomatic relations with Philippines
b. Living in the Philippines for at least 3 continuous years
i. Residency requirement is waived if the adopter was:
1. Former Filipino citizen who seeks to adopt a relative with in the 4th degree of consanguinity or
affinity
2. Seeks to adopt legitimate child of Filipino spouse
3. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4 th degree
of consanguinity or affinity of Filipino spouse.
c. Foreign country will allow the adoptee to enter such country
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 d. Certified to be legally capacitated to adopt
3. Guardian with respect to ward (after clearance of finances
Husband and wife shall jointly adopt except:
1. One spouse seeks to adopt legitimate child of other
2. One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this
3. Spouses are legally separated
Who may be adopted:
1. Below 18, judicially/administratively declared available for adoption
2. Legitimate child of one spouse by the other
3. Illegitimate child by qualified adopter to improve status
4. A person of legal age of when younger was treated as adopter’s child since minority
5. A childe whose adoption has been previously rescinded
6. Child where parents have died (no proceeding until after 6 months from time of death)
Consent needed: To make sure everyone knows and accepts the adoption
1. The adoptee if 10 years and over
2. Who ever has legal custody of the child (parent, guardian, gov’t.)
3. Legitimate and adopted children of adoptee (10 years and above)
4. Illegitimate children if living with adopter (10 years or over)
5. Spouse of adopter
- No consent can be given prior to birth of child. 6-month period to revoke consent by parent after decision has been
made. After that consent is binding.
Procedure:
1. Court needs proof that there wasn’t a hurried decision.
2. Social worker should make case study of adopter and adoptee prior to any hearing for adoption
3. Before adoption decree becomes final there is 6 month custody period
- Only a direct attack in cases of adoption, can’t be collaterally attacked
- Decree becomes effective as of the date petition was filed
 Retroacts except when it comes to vicarious liability
- Hearing in adoption cases will be considered confidential and not open to public.
Effects of Adoption:
1. Parental authority – all legal ties between biological parent and adoptee severed (unless biological is the one
adopting)
2. Legitimacy – for all intents and purposes adoptee is considered legitimate child
a. Relationship established is only between parent and child, does not extend to other relatives unless expressly
provided by law
3. Succession - adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime), biological
parents won’t get anything.
- No right of representation (Meaning if adopter dies, adoptee can’t get from parents of adopter)
- Does not inherit form the other relatives, etc.
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 - However if something is left by will the adoptee/biological parent can inherit (from the free portion)
Rescission of adoption: by adoptee or guardian:
1. Repeated physical or verbal maltreatment
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment and failure to comply with parental obligations
- Adopter cannot rescind adoption (can only disinherit)
- If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored
if adoptee is still a minor. But adopter and adoptee relationship extinguished.

Inter-country Adoption:
- Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition
for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
- Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest
of the child.
- The board upon recommendation of the placement committee shall only approve matching of a child to a foreign
adoptive family.
Functions of Board:
1. Rules and regulations
2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must
jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone
counseling form an accredited counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
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 4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited
agency, adoption is allowed under his or her laws)
- To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
- No matching arrangement between applicant and parents before the committee’s proposal unless it is relative or it is
for the child’s best interest.
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a
qualified family, absence the foreign agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with
countries of the foreign adoption agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
3. Procedures and safeguards not complied with
4. Child exposed to danger, abuse and exploitation
- Attempt to commit offense punishable
- Acts punishable above considered child trafficking

RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
- State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by
the parent against the child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to
physical or mental disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2. Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
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 6. Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual
acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women
consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-
income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
- Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
- Institute an alternative education for children which is culture specific and relevant to their needs
- Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3rd degree of consanguinity social worker of
DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.

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Article 86: Donor may revoke
donation by reason of
marriage in the following
cases
Article 87
Revoked by operation of law:
5. Marriage is not celebrated or is void ab initio Exception: If the donation is in the
(including art. 52-53) marriage settlement it will be
Prescription: revoked by operation of law.
- marriage is void: 5 years from Judicial Exception: If the marriage is void
Declaration of Nullity (if doesn’t want to give due to Article 40, or Article 44, then
it back, prescribe after 8 years for movable, automatically revoked
30 years for immovable)
- marriage not celebrated: 5 years from when it
was not celebrated
6. Marriage takes place without consent of
parents
Prescription:
- 5 years from the time he had knowledge that
consent was not obtained, after the marriage.
7. Upon legal separation when donee is the Exception: if the ground for legal
guilty spouse separation is infidelity in the form of
Prescription: adultery or concubinage it will be
- 5 years from finality of decree. automatically void.
8. When there is a resolutory cause and the Exception: between husband and
condition has been complied with wife prescription does not run.
Prescription:
5 years from the happening of the resolutory
condition.
6. Acts of ingratitude:
- donee commits an offense against the person or
property of the donor, his wife, or children
- donee imputes to the donor any criminal offense
involving moral turpitude unless it against the
donee
- donee unduly refuses to support donor when he is
legally or morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of
the fact of ingratitude
-husband and wife can’t donate to each other Exception: can give moderate gifts.
-also those who cohabitate with each other
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 1. Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of
reappearance if the donee acted with bad faith.
2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be
revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in
intestate succession, provisions in favor of the offending spouse in the will of the innocent spouse shall be revoked by
operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be
revoked by operation of law is marriage is not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by
operation of law.

CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual development
duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family

Legitimate
Those conceived in the 15-day period prior to the finality of the
decree of annulment.
Conceived or born before a voidable marriage is terminated
Children conceived or born in a void marriage pursuant to article 40,
52, and 53
Children conceived or born in a void marriage because of
psychological incapacity
*but if child was conceived and born prior to the marriage, marriage
does not make child legitimate
Illegitimate
Children born in a valid marriage but is impugned by the
father
Children conceived or born in a void marriage
Cannot be legitimated: when from an adulterous
relationship or bigamous marriage.

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Children conceived and born prior to the marriage if there are no
legal impediments at that time then the subsequent marriage will
make them legitimate.

Exception to when parents cannot administer property:

1. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs
with respect to legitime.
i. Article. 919: following shall be sufficient causes for disinheritance of children, descendants
1. Child or descendant has been found guilty of an attempt against the life of the testator his or her
spouse, descendants or ascendants.
2. When the child, descendant has accused the testator of a crime, which the law prescribes
imprisonment for 6 years or more, if it is found to be groundless.
3. When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
4. When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make
a will or change one he has already made.
5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or
descendant
6. Maltreatment of the testator by word or deed by the child or d
7. Child or descendant leads a dishonorable or disgraceful life
8. Conviction of a crime with civil interdiction
ii. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants, whether
legitimate or illegitimate
1. When parents have abandoned their children, induced their daughters to live corrupt or immoral
life, or attempted against their virtue
2. Parent or ascendant has been convicted of an attempt against the life of the testator his or her
spouse, descendants or ascendants.
3. Accused testator of a crime…
4. Parent or ascendant convicted of concubinage with spouse of testator
5. Parent or ascendant by fraud, violence, undue influence causes new will or change will
6. Loss of parental authority
7. Refusal to support children or descendants without justifiable cause.
8. Attempt of one of the parents against the life of the other, unless there has been reconciliation
iii. Article 921: disinheriting a spouse
1. Spouse convicted of attempt against..
2. Spouse accused testator of crime…
3. Spouse by fraud, intimidation…
4. Spouse has given cause for legal separation
5. When the spouse has given grounds for loss of parental authority.
6. Unjustifiable refusal to support the children or other spouse
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 2. When parent is incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life,
attempted against her virtue
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3. Accused of a crime…
4. Any heir of full age who, having knowledge of the violent death of the testator, should fail to
report it to an officer within a month unless authorities have already taken action. (not applicable
wherein law there is no obligation to make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
b. Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual
aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may
belong
3. Those made to a guardian by his ward before the final accounts have been approved unless
guardian is ascendant, descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming
under such witness, spouse, parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.

 Prohibited compromise: matters which cannot be negotiated nor set by agreement:

 Civil status
 Validity of marriage or of a legal separation
 Ground for legal separation
 Future support
 Jurisdiction of the courts
 Future legitimes

Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal
dwelling for a period of 3 months or has failed within the same period to give any information as to his or her whereabouts
shall be prima facie presumed to have no intention of returning to the conjugal dwelling. (physical, financial and moral
desertion)
- spouse can seek for receivership, judicial separation of property, and sole administration
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 - abandonment for more than one year can lead to legal separation

Deadlines:

Article Contents Deadlines/prescriptions

Article 30 Marriage certificate with affidavit for marriages in Within 30 days after the performance of the
articulo mortis or remote residence marriage
Article 38 Action or defense for absolute nullity (anyone Does not prescribe
can file)
Article 47 For one who obtains a marriage without prior - Any time between 18-21 years old by
*If ratified then can no consent after he reaches the age of 21 parents
longer be annulled. - 5 years after reaching 21 by the party.
Article 47 By the sane spouse without knowledge of Anytime before the death of either party.
insanity, relative, guardian, or person having
legal charge
Article 47 By the insane during a lucid interval Anytime before the death of either
Article 47 Consent through fraud 5 years after having knowledge
Article 47 Consent through intimidation, force, undue 5 years after it ceases
influence
Article 47 For STD and physical incapacity 5 years after the marriage
Article 50-51 Entry of judgment and decree of nullity become 15 days from receipt of the parties of the
final decision
Article 57 Prescription of action for legal separation 5years from the occurrence of the cause.
Article 58 Legal separation trial (during trial they are After the laps of 6 months after the filing of
entitled to live separately already) the petition.
Article 61 After filing of complaint respondent should 15 days after receipt of summons
answer but is not in default if not answered
Article 61 Action for legal separation Terminates upon death of either spouse
Article 64 Revocation by choice of the innocent spouse of 5 years after the decree of legal separation
donations after decree of legal separation becomes final. (Unless the donation is actually
void Art. 87)
Article 182 Impugning legitimacy by those who are 5 years from the time their cause of action
prejudiced accrues

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