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Atty. Dindo Cervantes

Case No.: G.R. No. 84464, June 21, 1991




The Regional Trial Court of Cavite dismissed a complaint for the annulment of a deed of sale,
holding that it was not spurious. It was reversed by the Court of Appeals, which found that the
vendor's signature on the questioned document had indeed been forged. The petitioners are now
before us and urge that the decision of the trial court be reinstated.


• February 7, 1968 - private respondent Catalina Sanchez, claiming to be the widow of

Roberto Sanchez, averred that her husband was the owner of a 275 sq. meter parcel of
land located at Rosario, Cavite, which was registered without her knowledge in the name
of the herein petitioners on the strength of an alleged deed of sale executed in their favor
by her late husband. Involving the report of a handwriting expert from the Philippine
Constabulary Criminal Investigation Service, who found that the signature on the
document was written by another person, she prayed that the deed of sale be annulled,
that the registration of the lot in the name of the petitioners be cancelled, and that the lot
be reconveyed to her.

• Petitioners questioned the personality of the private respondent to file the complaint,
contending that the late Roberto Sanchez was never married but had a common-law wife
by whom he had two children. On the merits, they claimed that Roberto Sanchez had
deeded over the lot to them in 1968 for the sum of P500.00 in partial settlement of a
judgment they had obtained against him. They had sued him after he had failed to pay a
P1,300.00 loan they had secured for him and which they had been forced to settle
themselves to prevent foreclosure of the mortgage on their property.
Family Code of the P hilippines (Rabuya)

FAMILY CODE OF THE • 3 Components of legal capacity

1. Age requirement
PHILIPPINES - Must be at least 18 years of age
- Qualified by Art. 14
• PARENTAL CONSENT is required if the
contracting party is below 21 years old
Took effect on August 3, 1988
• Absence of parental consent renders the
marriage voidable
- Required minimum age for marriage should be
reckoned ON THE DATE OF MARRIAGE, not on
TITLE I. MARRIAGE the date of the filing of application for the issuance of
Chapter 1 marriage license
REQUISITES OF MARRIAGE **Parties contract marriage on the date of solemnization of marriage

2. Parties must be of Opposite Sex

ART. 1 - Indispensable
• Marriage is more than a contract because once executed, a relation
between the parties is created which they cannot change 3. Absence of Impediments mentioned in Arts. 37 and 38
- Unlike marriage, other contracts may be modified, restricted or - See Arts. 37 and 38
enlarged or entirely released upon the consent of the parties
• Consent
• Marriage between rapist and the raped person - Must be MUTUAL
- Subsequent valid marriage between the offender and offended - Parties must in fact consent and there must be physical assent to
extinguishes the criminal action or penalty imposed the contract
- If the legal husband is the offender, subsequent forgiveness by - Manifestation of consent: Appear personally before the
the wife as offended party shall extinguish the criminal action or solemnizing officer and declare in the present of not less than
penalty, but not if the marriage is void ab initio two witnesses of legal age that they take each other as husband
and wife
• Marriage creates a social status or relation between contracting - Must be freely, voluntarily and intelligently given
parties in which the State is also interested
• Authority of solemnizing officer
• Art. II, Sec. 12, Constitution - If not authorized under the law, marriage is void ab initio
- State recognizes the Filipino family as the foundation of the - EXCPN: However, if either or both parties believed in good
nation faith that the solemnizing officer had legal authority to do so,
- Sec. 2, Art. 15 Constitution then the marriage shall remain valid despite the solemnizer’ s
- Lawful marriage does not shed the spouses’ integrity or their lack of authority
privacy as individuals - Only the following persons are authorized to solemnized
- Legislative regulation of marriage must not contravene the marriage:
mandates of the Constitution 1. Incumbent members of the judiciary within the court’s
- Marriage settlements must be within the limits of the Family jurisdiction
Code 2. Priest, rabbi, imam or minister of any church or
religious sect duly authorized by his church or religious
• To determine validity of marriage sect
- To be tested by the law in force at the time the marriage was 3. Ship captain or airplane chief, in case of articulo mortis
contracted 4. Military commanders of a unit, in cases of articulo
- GR: Nature of marriage already celebrated cannot be changed mortis
by a subsequent amendment to the law 5. Consul-general, consul or vice consul, in limited cases
**Void marriages can NEVER be ratified 6. Mayos

• Valid marriage license

ART. 2 - ART. 3 - To notify the public that the two persons are about to be united
• Requisites of Marriage: in matrimony and that anyone who has knowledge of any
1. Essential and formal requisites impediment shall make it known to the local civil registrar
2. Legal capacity - When marriage license can be dispensed with:
3. Consent 1. Art. 27
4. Authority of the solemnizing officer 2. Art. 28
5. Valid marriage license 3. Art. 33
6. Marriage ceremony 4. Art. 34

• Art. 2 ESSENTIAL REQUISITES: • Marriage ceremony/ Solemnization of Marriage

1. Legal capacity - In this jurisdiction, informal or common-law marriages are not
2. Consent recognized
- Marriage by proxy is not recognized
• Art. 3 FORMAL REQUISITES: - The requirements of at least 2 witnesses of legal age is merely
1. Authority of solemnizing officer directory so that a failure to comply therewith does not
2. Valid marriage license invalidate the marriage
3. Marriage ceremony
Abesamis, Austinne Joyce D. !1
Family Code of the P hilippines (Rabuya)
- Mere private act of signing a marriage contract without the
ART. 4 presence of solemnizing officer does not amount to a marriage
• Effect of Absence of any Requisite ceremony
- ABSENCE of any essential or formal requisite: Marriage is
VOID ab initio • 3 Requisites in a marriage ceremony:
• EXCPN: Art. 35(2): The only exception to the rule 1. Personal appearance of contracting parties before
expressed in par. 1, Art. 4 solemnizing officer
- The following marriages are VOID ab initio: 2. Personal declaration that they take each other as
1. Where consent is lacking husband and wife
2. Contracted by any party who is not legally capacitated 3. Declaration done in the presence of the solemnizing
3. Solemnized by any person not authorized to perform officer and at least two witnesses of legal age
marriages, except Art. 35(2)
4. Solemnized without a valid marriage license, except
those exempt from license requirements ART. 7
5. Common law marriages and marriages by proxy • Members of the Judiciary
1. They must be incumbent members
• Effect of DEFECT or IRREGULARITY in the requisites 2. They must solemnize the marriage within their court’s
- If any of the ESSENTIAL requisites is DEFECTIVE: Marriage jurisdiction
is VOIDABLE • The following are members of the Judiciary
- If there is IRREGULARITY in any of the FORMAL requisites: 1. CJ and AJ of the SC- national jurisdiction
Validity of marriage is not affected but the party/parties 2. PJ and J of CA- national jurisdiction
responsible for such irregularity shall be civilly, criminally or 3. PJ and J of Sandiganbayan- national jurisdiction
administratively liable 4. Judges of the RTCs, CTA, MTC, MMTC- jurisdiction
within a limited territory designated by law
• Marriage Void ab initio where consent is totally lacking
- Consent must be lacking from BOTH the contracting parties • Marriages outside the court’s jurisdiction
- The fact that marriage is fraudulent on the part of one party will - Outside of their court’s jurisdiction, they are not clothed with
not render it void where other party is deceived and believed it authority to solemnize marriages
to be a valid marriage - Ex. If marriage is solemnized by a judge of RTC outside of their
• May be inferred from Art. 44 which declares a court’s jurisdiction, there in an ABSENCE of a formal requisite;
subsequent marriage as Void ab initio only if both the marriage will be considered void ab initio
spouses acted in bad faith • There is a TOTAL ABSENCE of a FORMAL
• Marriages contracted through mistake of one contracting party as to
the identity of the other • Marriage in Good Faith
- Void ab initio - Art. 35(2)
- There is no real consent - If the good faith of the parties consists in their mistaken belief
that a judge has the authority to solemnize marriages outside of
• Where there is consent but same is vitiated by reason of fraud, force, his court’s jurisdiction, marriage is VOID ab initio
intimidation or undue influence, or either party is of unsound mind • This is a case of ignorance of law
- Marriage is voidable - HOWEVER, if their good faith consists in their mistaken belief
- Consent is defective but present that the solemnizer is a judge of the locality where the marriage
is celebrated, then good faith may be invoked in this case since
• Marriage celebrated without a valid Marriage License there is a clear case of ignorance of fact
- Void ab initio
- A marriage which preceded the issuance of such license is void; • Priest, Rabbi, Imam or Minister
subsequent issuance of such license cannot render valid or even - Requisites:
add an iota of validity to the marriage 1. Must be duly authorized by his respective church or
- However, if there is a license but is wrongfully or fraudulently sect
obtained or there is an irregularity in its issuance, the validity of 2. Must be duly registered with the Civil Registrar
marriage is not affected General
- Marriage celebrated 120 days after the issuance of marriage 3. Must act within the limits of his written authority
license is void ab initio (Art. 20) 4. At least one of the contracting parties must belong to
the solemnizing officer’s church or sect
• Failure of parties to sign the marriage certificate will not likewise - If any of the requisites is not present, the religious solemnizer is
affect the validity of marriage not clothed with authority to solemnize a marriage
- Purpose of the certificate: Evidence of marriage • Marriage is Void ab initio
- Absence of marriage certificate is not proof that no marriage - If none of the parties belonged to the solemnizing officer’s
took place because other evidence may be presented to prove church or sect, it is submitted that good faith may not be
the marriage invoked
• This is a case of ignorance of law

ART. 5 - ART. 6 • The issuance by the Civil Registrar General of the authorization is
• For a marriage to exist, it is essential that contracting parties must purely a ministerial duty
appear personally before the solemnizing officer and that their
consent to the contract of marriage be given in the latter’s presence • Pursuant to Art. 33, marriages among Muslims or members of the
ethnic cultural communities may be solemnized without need of
securing a marriage license

Abesamis, Austinne Joyce D. !2

Family Code of the P hilippines (Rabuya)
- However, Art. 33 does not dispense with the requirement of 3. Parental Consent
registration of the solemnizing officer - Absence of parental consent is a ground to annul
• Mayors 4. Parental Advice
- Their authority was restored by the LGC 5. Certificate of Marriage Counselling
- Ordinarily, the powers of a mayor are confined only within his 6. Certificate of Legal Capacity
territorial jurisdiction - The absence thereof is a mere irregularity
• But the fact that a mayor had solemnized a marriage
outside of his jurisdiction will NOT AFFECT the • If the license is issued prior to the lapse of the 10-day period of
validity of the marriage; this is a mere irregularity in publication or issued in the absence of such requisite publication, it
the exercise of his authority will not affect the validity of the marriage celebrated on the basis of
• Different from the authority of the members of the the license so issued
judiciary which is confined by law to their court’s
jurisdiction • Issuance of a license is a ministerial duty of the civil registrar
• LGC states that mayors are authorized to solemnize
marriages without limiting the exercise of such • Marriage celebrated on the basis of such cancelled license is void ab
authority to their territorial jurisdiction initio for want of a formal requisite of marriage

ART. 8 ART. 22 - ART. 25

• Venue or place of marriage • Marriage certificate or marriage contract is the best documentary
1. If to be solemnized by a member of the judiciary, it evidence of a marriage
must be held in the chamber of the judge or in his sala
in open court • Absence thereof is not proof that no marriage took place since other
2. If to be solemnized by a religious solemnizer, it must be evidence may be presented to prove the existence of marriage
held in the church, chapel or temple of the religious
solemnizer concerned • There mere fact that no record of marriage exists in the registry of
3. If to be solemnized by consul-general, consul or vice- marriage does not invalidate said marriage, as long as in the
consul, the marriage must be celebrated in his office celebration thereof, all requisites for validity are present

• In the following cases, marriage may be celebrated elsewhere

1. In cases contracted at the point of death ART. 26
2. In cases of marriages contracted in remote places in • The following marriages are void ab initio even if valid in the place
accordance with the provisions of Art. 29 where it was celebrated
3. In cases where both of the parties to the marriage 1. If both parties are Filipinos and either one or both of them is
requested the solemnizing officer in writing and under below 18
oath to solemnize the marriage elsewhere 2. If one of the parties to a marriage is a citizen of the Ph and
he or she is below 18
• Art. 8 is merely DIRECTORY 3. Bigamous or polygamous marriage
- It only refers to the venue of marriage and does not alter or 4. If contracted through the mistake of one contracting party as
qualify the authority of the solemnizing officer to the identity of the other
- Non-compliance will not affect the validity of the marriage 5. If one of the parties in a subsequent marriage is a party to a
since this is a mere irregularity prior marriage which has been annulled or judicially
- But not in the case of marriages solemnized by judges outside declared void but fails to comply with the requirement of
their territorial jurisdiction Art. 52
6. If one of the parties to a marriage, at the time of the
celebration, was psychologically incapacitated to comply
ART. 9 - ART. 10 with the essential marital obligations
• If the license is obtained elsewhere, the validity of marriage is not 7. Incestuous marriages
affected since this is a mere irregularity 8. If void by reason of public policy

• If the marriage is between a Filipino and an alien, it appears that • It is a condition sine qua non that the divorce must have been
consular officials are not clothed with authority to solemnize such obtained by the alien spouse and NOT by the Filipino spouse
- They have no authority to solemnize marriages outside of the • RP v. ORBECIDO III
country where they hold office - Art. 26, par. 2 should be interpreted to apply cases involving
parties who at the time of the celebration of marriage were
Filipino citizens, but later on, one of them becomes naturalized
ART. 11 - ART. 21 as a foreign citizen and obtains a divorce decree
• Application for issuance of license must be filed in the local civil - The Filipino spouse should also be allowed to remarry as if the
registrar of the city or municipality where either contracting party other party were a foreigner at the time of the solemnization of
habitually resides marriage
- Although a license obtained elsewhere shall not affect the **Reckoning point is not the citizenship of the parties at the
validity of the marriage time of the celebration of the marriage, but their citizenship
at the time a valid divorce was obtained abroad by the alien
• Documents accompanying the Application spouse
1. Birth or Baptismal Certificate
2. Death Certificate of Spouse, Divorce Decree, etc.

Abesamis, Austinne Joyce D. !3

Family Code of the P hilippines (Rabuya)

• Nature of Cohabitation
Chapter 2 - The requirement of absence of legal impediment should apply
MARRIAGES EXEMPTED FROM THE LICENSE during the entire 5-year cohabitation
• Cohabitation must be in the nature of a perfect union
that is valid under the law but rendered imperfect only
ART. 27 - ART. 30 by the absence of the marriage contract and
• Marriages EXEMPT from the license requirement characterized by EXCLUSIVITY — meaning no third
1. In cases where either or both of the contracting parties are at party was involved at anytime within the 5 years and
the point of death CONTINUITY — that is unbroken
2. If the residence of either party is so located that there is no • If that continuous 5-year cohabitation is computed
means of transportation to enable such party to appear without any distinction as to whether the parties were
personally before the local civil registrar capacitated to marry each other during the entire 5
3. Marriages among Muslims or among members of ethnic years, then the law would be sanctioning immorality
cultural communities provided the same are solemnized and encouraging the parties to have common law
according to their customs, rites or practices relationships and placing them on the same footing with
4. Marriages of a man and a woman who have lived together as those who lived faithfully with their spouse
husband and wife for at least five years and without any - The 5-year common-law cohabitation period, which is counted
legal impediment to marry each other back from the date of celebration of marriage, should be a
period of legal union had it not been for the absence of marriage
• The absence of the affidavit of the solemnizing officer in cases of
marriages performed in articulo mortis will not affect the validity of
the marriage
Chapter 3
ART. 31 - ART. 32
• Authority of the ship captain or airplane chief to solemnize
marriages is subject to the following conditions and/or requisites VOID MARRIAGE VOIDABLE MARRIAGE
1. Must be in articulo mortis
2. Must be between passenger or crew members Deemed never to have taken Considered valid and produces
- Authority may be exercised not only while the ship is at sea or place at all and cannot be the all its civil effects, until it is set
the plane is in flight but also during stopovers at the ports of call source of rights aside by final judgment
- Airplane pilot refers to an “airplane chief” who is the head of
Can NEVER be ratified and is Can be generally ratified or
the crew, in the same way that the same authority is granted
not subject to prescription confirmed by free cohabitation
only to the ship captain
or prescription
• Military commander of a unit has the authority to solemnize Can be attacked collaterally Can be assailed only in a direct
marriage if the following conditions and/or requisites are present proceeding for that purpose and
1. Must be a commissioned officer, or an officer in the armed not collaterally
forces holding rank by virtue of a commission from the
President Can be question even after the Can be assailed only during the
2. The assigned chaplain to his unit must be absent death of either party lifetime of the parties
3. Must be in articulo mortis
4. Must be solemnized within the zone of military operations
- Contracting parties may either be members of the armed forces • Only parties to a voidable marriage can assail it but any proper
or civilians interested party may attack a void marriage

• Children conceived before a voidable marriage is annulled are

ART. 33 - ART. 34 legitimate
• Rationale behind Art. 34
- To avoid exposing the parties to humiliation, shame and • Petition for Declaration of Absolute Nullity of void marriage may be
embarrassment concomitant with the scandalous cohabitation of filed solely by the husband or the wife
- But a void marriage is still subject to a collateral attack
persons outside a valid marriage due to the publication of every - For purposes other than remarriage, such as but not limited to
applicant’s name for a marriage license
- The following requisites must concur determination or heirship, legitimacy or illegitimacy of a child,
1. The man and woman must have been living together as settlement of estate, dissolution of property regime, the court
husband and wife for at least five years before the may pass upon the validity of marriage even in a suit not
marriage directly instituted to question the same so long as it is essential
2. Parties must have no legal impediment to marry each to the determination of the case
3. Fact of absence of legal impediment must be present at • Marriages VOID from the beginning
- Arts. 35, 36, 37, 38, 44
the time of marriage - Also, absence of any of the essential or formal requisites
4. Parties must execute an affidavit stating that they have
lived together for at least 5 years renders the marriages void ab initio
- Marriages between persons of the same sex if celebrated in the
5. Solemnizing officer must execute a sworn statement
that he had ascertained the qualifications of the parties Ph
- Marriages where consent is totally lacking
that he had found no legal impediment to their marriage

Abesamis, Austinne Joyce D. !4

Family Code of the P hilippines (Rabuya)
- Common-law marriages and marriages by proxy - Incapacity must be grave or serious that the party
- Marriages where exchange of vows was not done personally by would be incapable of carrying out the ordinary duties
the contracting parties in the presence of the solemnizing officer required in marriage
- Grave enough to bring about the disability of the party
to assume essential obligations of marriage
ART. 35 - Illness must be shown as downright incapacity or
• Marriage contracted by any party below 18 years of age inability, NOT a refusal, neglect or difficulty, much
- Absence of legal capacity less ill will
- There is natal or supervening disabling factor in the
• Solemnized by any person not authorized to perform marriages person, an adverse integral element in the personality
- Rule is not absolute structure that effectively incapacitates the person from
- Even if solemnizing officer has no legal authority as long as really appreciating and thereby complying with the
either or both contracting parties believed in good faith that he obligations essential to marriage
had the legal authority to do so, marriage is still valid, not only
with respect to the parties to such marriage but also with respect 2. Juridical Antecedence
to third persons and the State - Must be rooted in the history of the party antedating
- If contracting parties will go before a person not specifically the marriage, although overt manifestations may
mentioned by law as having authority to solemnize marriages, emerge only after the marriage
the exception does not apply - Manifestation of the illness need not be perceived at
- If they go before a person enumerated in Art. 7 but who is not the time of their “I Do’s”, but the illness itself must
authorized to perform marriages for failing to comply with the have attached at such moment, or prior thereto
requirements laid down by law, marriage will still be valid if
either or both parties relied in good faith in his apparent 3. Incurable
authority - It must be incurable or, even if it were otherwise, the
cure would be beyond the means of the party involved
• Lack of marriage license - Medically or clinically permanent or incurable
- Marriage license obtained after the celebration of marriage does - Incurability may be absolute or even relative only in
not cure it’s invalidity regards to the other spouse, not necessarily absolutely
against everyone of the same sex
• Bigamous and Polygamous Marriages - Must be relevant to the assumption of marriage
- A second or subsequent marriage is void ab initio for being obligations, not necessarily to those not related to
bigamous, even if the other party had acted in good faith and marriage
was not aware of the existence of the previous marriage at the
time of the celebration of the subsequent marriage • Rule on Declaration of Absolute Nullity of Marriages and
- Not absolute because a subsequent bigamous marriage may be Annulment of Voidable Marriages
considered valid if all the requisites under Art. 41 are present - AM No 02-11-10-SC which took effect on March 15, 2003
1. Burden of proof to show the nullity of the marriage belongs to the
• Mistake in Identity plaintiff
- Mistake in identity must be with reference to the actual physical - Any doubt should be resolved in favor of the existence and
identity of the other party, not merely a mistake in the name, continuation of the marriage and against its dissolution and
personal qualifications, character, social standing, etc. nullity
- There is absence of real consent 2. A petition under Art. 36 shall specifically allege the complete
facts showing that either or both parties were PI from complying
• Non-compliance with procedure under Art. 52 with the essential marital obligations of marriages at the time of
- Only after complying with the requirements may either of the the celebration of marriage even if incapacity becomes manifest
spouses be allowed to remarry only after its celebration
- Expert opinion need not be alleged
3. Incapacity must be proven to be existing at the time of the
ART. 36 marriage
• No precise definition of Psychological Incapacity as to allow some 4. Incapacity must be shown to be medically or clinically permanent
resiliency in its application or incurable
- Declaration by a physician or psychologist is not a
• Whether or not psychological incapacity exists depends crucially on requirement
the facts of the case - If the totality of the evidence presented is enough to sustain
a finding of psychological incapacity, then actual medical
• Psychological incapacity should refer to no less than mental (not examination of the person concerned need not be resorted to
physical) incapacity that causes a party to be truly incognitive of the 5. Illness must be grave enough to bring about the disability of the
basic marital covenants that concomitantly must be assumed and party to assume essential obligations of marriage
discharged by the parties to the marriage which include their mutual 6. Essential marital obligations must be those embraced by Arts.
obligations to live together, observe love, respect and fidelity and 68-71 as regards husband and wife as well as Arts. 220, 221 and
render help and support 225 in regard to parents and their children
7. Interpretations given by the National Appellate Matrimonial
• Psychologic condition must EXIST at the time the marriage is Tribunal of the Catholic Church in the Ph, while not controlling
celebrated or decisive, should be given respect in out courts

• Characteristics of Psychological Incapacity • In proving PI, there is no distinction between an alien spouse and a
- SANTOS v. CA Filipino spouse to that of Filipino spouses
1. Gravity

Abesamis, Austinne Joyce D. !5

Family Code of the P hilippines (Rabuya)
• CHI MING TSOI v. CA - It may still be subject to a collateral attack
- Love is useless unless it is shared with another :))

• No award of Moral Damages in PI ART. 40

• Need for judicial declaration of nullity of a void marriage
• Legal Separation - The absolute nullity of a previous marriage may be invoked for
- Marriage is valid and the grounds for LS occur only after the purposes of remarriage on the basis solely of a final judgment
celebration of marriage declaring such previous marriage void
- Marital bond is not broken - However, other than for purposes of remarriage, no judicial
action is necessary to declare a marriage an absolute nullity
• Ex. For purposes of determination of heirship,
ART. 37 settlement of estate, etc., the court may pass upon the
• Incestuous Marriages validity of the marriage even in a suit not directly
• Even if solemnized abroad in accordance with the laws in force in instituted to question the same so long as it is essential
the country where they are solemnized, and valid there as such, such to the determination of the case
incestuous marriage is not recognized as valid in the Ph
• Subsequent marriage without judicial declaration of nullity of
previous marriage is Void ab initio
ART. 38 - The intention of the FC is to declare a marriage void ab initio by
• Void by reason of Public Policy reason of non-compliance with the provisions of Art. 40
- A subsequent marriage entered into in violation of Art. 40 is a
• The intention of the law is to prohibit marriages between persons void marriage under Art. 35(4)
who were once related to each other by affinity as parents-in-law - The applicable property regime is that provided for my Art. 148
and children-in-law, even if marriage, which serves as the source of
relationship of affinity, is already dissolved or terminated by reason • Void marriages under Art. 40, in relation to Art. 50, 35(4), 35(6), in
of death or final judgment of annulment or of absolute nullity relation to Arts. 53 and 52
- Property Relations
• The adopted child is prohibited from marrying only the “legitimate • In a void marriage, regardless of cause thereof, the
child” of the adopting parent property relations shall be governed by the provisions of
- Prohibition does not extend to adopter’s illegitimate child Art. 147 or 148, as the case may be; it is neither ACP or
• An adopted child is prohibited from marrying the following • In bigamous marriage which is void under Art. 35(4), the
1. Adopter property regime is governed by Art. 148
2. Surviving spouse of the adopter • Art. 147 governs the property regime of void marriages
3. Legitimate children of the adopter under Art. 35(6), in relation to Arts. 53 and 52, since it
4. Other adopted children of the same adopter applies to unions of parties who are legally capacitated
and not barred by any impediments to contract marriage,
• The adopter is prohibited form marrying the following but whose marriage is nonetheless void for other reasons
1. Adopted child • Par. 2 of Art. 43 is made applicable to void marriages
2. Surviving spouse of the adopted child under Art. 40
- Filiation
• Intentional Killing of Spouse • Children conceived or born before the judgment of
- A prior criminal conviction is not necessary to render the absolute nullity of marriage under Art. 53 are considered
marriage void legitimate
- The killing, whether perpetrated by the spouse or by another • Children born or conceived of void marriages under Arts.
person, must be animated primarily by the intention or desire to 35(4) and Art. 40, in relation to Art. 50 are illegitimates
do away with the victim, who is an obstacle to a contemplated
marriage, for the purpose of marrying the surviving spouse • Art. 40 is applicable to remarriages entered into after the effectivity
- So long as killing is for the purpose of contracting a marriage of the FC on August 3, 1988 regardless of the date of the first
with the surviving spouse, the marriage will be void ab initio marriage
even if the surviving spouse was not aware of such plan
- A judicial declaration of nullity of a previous marriage is
ART. 39 necessary before a subsequent one can be legally contracted
• An action or defense based on the absolute nullity of marriage is - One who enters into a subsequent marriage without first
IMPRESCRIPTIBLE obtaining such judicial declaration is guilty of bigamy
- Void marriages can be questioned even after death of either - This principle applies even if the earlier union is characterized
party by statutes as “void”

• AM No. 02-11-10-SC • Without a judicial declaration of its nullity, the first marriage is
- Provides that a petition for declaration of absolute nullity of a presumed to be subsisting
void marriage may be filed solely by the husband or wife and, if
filed, the case shall be closed and terminated upon the death of
either parties at any stage of the proceeding prior to entry of ART. 41 - ART. 42
judgment, it now appears that a direct proceeding for the • GR: Any marriage contracted by any person during the subsistence
purpose of obtaining a judicial declaration of nullity of a void of a previous marriage be null and void and may be found guilty of
marriage may no longer be filed after the death of either party to bigamy
such void marriage

Abesamis, Austinne Joyce D. !6

Family Code of the P hilippines (Rabuya)
• EXCPN: Subsequent bigamous marriage may be exceptionally - If the donee contracted the marriage in bad faith, such donations
considered valid if the following conditions concur: are revoked by operation of law
1. Prior spouse of the contracting party must have been absent - If both spouses are in bad faith, in which case the subsequent
for 4 consecutive years, or 2 years where there is danger of marriage is void, all donations by reason of marriage are
death likewise revoked by operation of law
2. Spouse present has a well-founded belief that the absent
spouse is already dead • In the subsequent marriage referred to in Art. 41, if one of the
3. A judicial declaration of presumptive death of the absentee spouses acted in bad faith in contracting the marriage and he/she
for which purpose the spouse present can institute a had been designated as the beneficiary in any insurance policy of
summary proceeding in court the innocent spouse, the latter has the right to revoke such
designation even if the designation is irrevocable
• There must be a judicial declaration of presumptive death;
otherwise, the subsequent marriage is void ab initio • If the subsequent marriage is contracted in the absence of a judicial
declaration of presumptive death of the absentee spouse, subsequent
• Requisites for Declaration of Presumptive Death marriage is void for being a bigamous marriage
1. Absent spouse has been missing for 4 consecutive • The law requires that the good faith should last up to the time of the
years, or 2 consecutive years if disappearance occurred celebration of the subsequent marriage
where there is danger of death
2. Present spouse wishes to remarry • If both parties in subsequent marriage have acted in bad faith, their
3. Present spouse has a well-founded belief that the marriage is considered bigamous and they shall be liable for the
absentee spouse is dead crime of bigamy notwithstanding the existence of the judicial
4. Present spouse files a summary proceeding for the declaration of presumptive death
declaration of presumptive death of absentee
• The existence of such declaration does not immunize the parties
• Effects of judicial declaration of presumptive death from liability for bigamy
- Absentee shall be presumed dead, but only for the purpose of
allowing the present spouse to contract a subsequent marriage
- Present spouse will then be capacitated to contract a subsequent ART. 45 - ART. 47
marriage • A marriage that is annulled presupposes that it subsists but later
- It is without prejudice to the effect of his reappearance ceases to have legal effects when it is terminated through a court
- Once reappearance is established, the presumption of death is action
rendered ineffective
- FC is not clear on the effects of the declaration upon the • Characteristics of Voidable marriage
property regime of the previous marriage 1. Valid until otherwise declared by the court
2. Defect must exist at the time of the celebration of marriage
• Effects of recording of affidavit of reappearance 3. Cannot be assailed collaterally except in a direct proceeding
- The mere reappearance of the absentee spouse DOES NOT 4. Can be assailed only during the lifetime of the parties and
terminate the subsequent marriage not after death of either
- It is the RECORDING of the affidavit of reappearance of the 5. Only parties to a voidable marriage can assail it
absentee spouse which results in the automatic termination of 6. Action for annulment is subject to prescription
the subsequent marriage 7. Defect is generally subject to ratification except for grounds
- Since the termination of the subsequent marriage is “automatic” mentioned in Art. 45 (5) and (6)
and without need of judicial intervention, the second spouse,
barring the existence of other impediments, may immediately • The law deems to be insufficient the consent given by a party who is
contract another marriage sine the requirements in Art. 52 do at least 18 years old but below 21
not apply in case of extrajudicial termination of the subsequent - Consent is defective
marriage under Art. 41
• Ratification cleanses the contract from all its defects from the
• The affidavit or reappearance may be executed and filed by “any moment it was constituted
interested person” and not only by the reappearing spouse
• To successfully invoke the ground of unsound mind to annul a
marriage, it is essential that the mental incapacity of one of the
ART. 43 - ART. 44 parties must relate specifically to the contract of marriage
• The custody and support of the children may be the subject of an - Test: Whether the party at the time of the marriage was capable
agreement between the spouses to the subsequent marriage of understanding the nature and consequences of the marriage
- In case of dispute, the matter shall be decided by the court in a - Burden of proof rests upon him who alleges insanity
proper proceeding - If the sane spouse had knowledge of the other’s insanity at the
time of marriage, the action may be filed by:
• Upon termination of subsequent marriage, the AC or CG shall be 1. Any relative or guardian or person having legal charge
dissolved and liquidated of the insane; or
2. The insane spouse during a lucid interval or after
• Donation Propter Nuptias regaining sanity
- Donations by reason of marriage are those which are made - The law authorizes ONLY the INSANE person, after gaining
before its celebration, in consideration of the same, and in favor sanity, to ratify the marriage
of one or both of the future spouses • The sane spouse is not entitled to ratify the marriage
- As a rule, it shall remain valid even if he/she had no knowledge of the other’s insanity
at the time of the marriage

Abesamis, Austinne Joyce D. !7

Family Code of the P hilippines (Rabuya)
- The provision authorizing the sane spouse who had no 3. It appears to be incurable
knowledge of the other’s insanity at the time of the marriage to 4. It must be unknown to the other party at the time of the
file an action must be interpreted as exercisable only prior to the marriage
ratification of marriage by the insane spouse after coming to - The action may be filed by the injured party — the other party
reason who was not aware of the existence of such disease at the time
• Because after ratification, the contract is cleansed of its of marriage and who himself/herself was not afflicted with a
defect and the action for annulment is extinguished disease of the same nature
- Action must be filed within 5 years after celebration of marriage
• Fraud as a ground for annulment of marriage refers to non- and not after discovery of such disease
disclosure or concealment of some facts deemed material to the - Not subject to ratification
marital relations
- Marriage is subject to ratification by the injured party by freely • Effects of final judgment of Annulment
cohabiting with the guilty spouse as husband and wife after - Dissolves the special contract of marriage as if it had never been
gaining full knowledge of the facts constituting fraud entered into nut the effects of marriage are not totally wiped out
- Pregnancy by another man at the time of marriage is not by 1. Termination of marital bond
itself a ground for annulment 2. Children conceived or born before the judgment of
• It is the CONCEALMENT of such fact at the time of annulment has become f/e are considered legitimate
the marriage that may constitute a ground 3. ACP or CPP is terminated or dissolved and the same shall be
- Affliction with STD, at the time of the marriage, by itself and liquidated in accordance with Art. 102 and 129, respectively
even without concealment, is a ground for annulment so long as 4. Final judgment must also provide for the custody and
the disease is serious and appears to be incurable (Art. 45(6)) support of the common children and the delivery of the
• If it is not serious and appears to be curable, it is not a common children;s presumptive legitimes, unless
ground for annulment UNLESS the existence of the adjudicated in the previous judicial proceedings
STD is CONCEALED by the party afflicted from the 5. Donations by reason of marriage shall remain valid except if
other party at the time of marriage the donee contracted the marriage in bad faith
• If the ground is CONCEALMENT of STD, the law 6. Innocent spouse may revoke the designation of the other
does NOT distinguish between serious or non-serious spouse who acted in bad faith as beneficiary in any insurance
and curable or incurable disease policy, even if designation is irrevocable
• If the party afflicted was not aware of its existence at 7. The spouse who contracted marriage in bad faith shall be
the time of the marriage, there is no fraud that will disqualified to inherit from the innocent spouse by testate or
constitute as ground for annulment, although it may be intestate succession
a ground if it is serious and incurable 8. If the wife is the guilty party, she shall resume her maiden
- If the fact of addiction, alcoholism, homosexuality or lesbianism name and surname; if she is the innocent spouse, she may
existing at the time of marriage is not concealed and is known to resume her maiden name and surname; she may choose to
the other party, it is NOT a ground for annulment continue using her former husband’s surname, unless the
court decides otherwise or she or the former husband is
• Impotency caused by a supervening infirmity does not invalidate the married again to another person
marriage 9. Parties again are free to remarry but they must comply with
the requirements of Art 52; otherwise, the same shall not
• Physical incapacity for marriage imports a total want of power of affect third persons and the subsequent marriage shall be
copulation, and only as necessary incident thereto the inability for null and void
procreation; hence, barrenness or sterility of itself or mere sexual
weakness or frigidity are not grounds for annulment
- Impotency is the physical ability to have sexual intercourse ART. 48 - ART. 49
- Sterility is the inability to procreate • Procedure now governed by AM No. 02-11-10-SC and AM No.
- Presumption is in favor of potency 02-11-12-SC
• If the wife remains a virgin after three years of • FamCourts shall have exclusive jurisdiction; petition shall be filed
cohabitation, the husband will be presumed impotent, and in the FamCourt of the province or city where the petitioner or
the burden to overcome such presumption will be shifted respondent has been residing for at least 6 moths prior to the date of
upon him the filing, or in case of a non-resident, where he may be found in the
- Requisites: Ph, at the election of the petitioner
1. Incapacity must be existing at the time of the
celebration of marriage • If the court renders a decision granting the petition, it shall declare
2. Continues up to the filing of the action for annulment therein that the decree sha be issued by the court only after
3. Appears to be incurable compliance with Arts. 50 and 51
4. Must be unknown to the other contracting party
- Action must be filed within 5 days after the celebration of the • In case a party dies at any stage of the proceedings before the entry
marriage and not after discovery of such incapacity of judgment, the court shall order the case closed and terminated
- Not subject to ratification without prejudice to the settlement of the estate in proper
proceedings in regular courts
• Art. 46(3) v. Art. 45(6)
• Grant of provisional remedies or protection orders
• Art. 45(6); Requisites in order for the existence of STD to be a 1. Spousal support
ground for annulment 2. Child support
1. STC must have existed at the time of the celebration of 3. Child custody
marriage 4. Visitation rights
2. It is found to be serious 5. Hold departure order

Abesamis, Austinne Joyce D. !8

Family Code of the P hilippines (Rabuya)
6. Order of protection - If there is no concealment and it is known to the other
7. Administration of common property party at the time of marriage, there is no ground to annul
the marriage
- Must exist only AFTER the celebration of marriage
ART. 50 - ART. 51 6. Contracting of subsequent bigamous marriage
• Marriage that is void ab initio is considered as having never to have - Contracting a subsequent bigamous marriage is a ground
taken place to declare subsequent marriage void but it does not affect
- Judicial declaration of nullity retroacts to the date of the the validity of the prior marriage
celebration of the marriage insofar as the vinculum between - Remedy of the aggrieved party in the prior marriage is
spouses is concerned LS
7. Sexual Infidelity
• All children conceived and born outside a valid marriage are - It is no longer required that the sexual infidelity be in the
illegitimate, unless the law itself gives them legitimate status form of adultery or concubinage before it may constitute
as ground for LS
- Any sexual act short of the actual sexual intercourse may
ART. 52 - ART. 54 fall under “sexual infidelity”
8. Attempt on the life of the Spouse
- There must be intent to kill
- If the act of attempting to kill the spouse is wholly
TITLE II. justified or excused, as in the case of legitimate self-
LEGAL SEPARATION defense, the same is not ground for legal justification
9. Abandonment
ART. 55 - A spouse is deemed to have abandoned the other when
• Legal separation is a legal remedy available to parties in a VALID he/she has left the conjugal dwelling without intention of
BUT FAILED MARRIAGE for the purpose of obtaining a decree returning
from the court entitling him/her to certain reliefs such as right to live
separately (without affecting the marital bonds that exists between
them), dissolution and liquidation of property regime and child ART. 56 - ART. 57
custody • Condonation
- Legal separation does not dissolve the marriage tie, much less - Conditional forgiveness or remission, by husband or wife, of a
authorize the parties to remarry matrimonial offense which the other had committed
- Cause giving rise to LS exists only after the celebration of - It blots out the imputed offense so as to restore the offending
marriage party to the same position he/she occupied before the offense
- Involves nothing more than the bed-and-board separation was committed
- The death of one party to the action of LS causes the death of - It is presumed that any cohabitation with the guilty party and
the action itself with knowledge or belief on the part of the injured party of its
commission is condonation
• Grounds for LS
1. Infliction of Physical Violence • Consent
- Repeatedly resorted to by the respondent - It is given in advance or prior to the commission of the act
- If form of violence is against the life of a partner, the which would be a ground for LS, whereas in condonation, the
same is a ground under par. 9 and it need not be repeated forgiveness of the matrimonial offense is given after
for it to be a ground commission
- Psychological and sexual violence and repeated verbal
abuse may qualify as grounds for LS • Connivance
- Grossly abusive conduct - Implies an agreement, express or implied, by BOTH spouses,
2. Moral Pressure unlike in consent, it is unilateral
- If resorted to in order to compel the petitioner to change - It involves criminality on the part of the individual who
his/her religious or political affiliation connives, while condonation may take place without imputing
3. Promotion of Prostitution the slightest blame to the party who forgives the injury
- Under VAWC, it is also punished as a crime if the same is - It is an act of the mind before the offense has been committed
directed against the wife or a child of the wife
4. Final judgment of more than 6 years imprisonment • Collusion
- Ground for LS even if respondent is pardoned and - Agreement between husband and wife for one of them to
regardless of the nature of the crime for which the commit, or to appear to commit, or to be represented in court as
respondent is convicted having committed, a matrimonial offense, or to suppress
- If convicted prior to marriage, it is a ground for evidence of a valid defense, for the purpose of enabling the
annulment if the crime involves moral turpitude and it is other to obtain divorce or LS
not disclosed to the other party - It may not be inferred from the mere fact that the guilty party
- For LS, the conviction occurs only AFTER the confesses to the offense and thus enables the other party to
celebration of marriage procure evidence necessary to prove it
5. Drug addiction, habitual alcoholism, lesbianism or
homosexuality • Recrimination (mutual guilt)
- If present at the time of marriage but concealed from the - For LS to prosper, it must be claimed only by the innocent
other party, there is fraud which constitutes a ground for spouse
annulment - Where both spouses are offenders, LS cannot be claimed by
either of them

Abesamis, Austinne Joyce D. !9

Family Code of the P hilippines (Rabuya)
• Such obligation to support one’s spouse attaches at the inception of
ART. 58 - ART. 59 the marriage and ordinarily continues as long as the relationship of
• To provide the parties a “cooling off” period husband and wife exists

• The prohibition of hearing during the cooling off period is not an • Of the mutual obligations between the spouses, it is only the
absolute bar to the hearing of a motion for preliminary injunction obligation of MUTUAL SUPPORT between the spouses which can
- The requirement of 6 month cooling off period shall not apply be enforced through legal action
in cases of LS where violence is alleged

ART. 69
ART. 60 • In the event that one spouse refuses to live with the other in the
• The prohibition is predicated on the fact that the institutions of family dwelling, as fixed either by the spouses or by the court, the
marriage and family are sacred and therefore are as much the court is powerless to enforce the provisions of Art. 69, even if such
concern of the State as the spouses refusal is not justifiable

• The spouse who refuses to live with the other without just cause is
ART. 61 - ART. 62 not entitled to a separate maintenance or support
• During the pendency of the action for LS, the court, motu propio or
upon application under oath of any of the parties, guardian or
designated custodian, may issue provisional orders and protection ART. 70 - ART. 71
orders with or without hearing • For an article to constitute a family expense, it is essential that it be
not only purchased for, but also that it be used, or kept for use, in or
by the family, or be benefited thereto
ART. 63 - ART. 64 - An expense for the family is one which is incurred for an item
• The wife, even after the legal separation has been decreed, shall which contributes to the family’s welfare generally and tends to
continue using her name and surname employed before the legal maintain its integrity
- Her married status is unaffected by the separation, there being
no severance of the vinculum ART. 72
• Relief available to spouses
a) When spouse leave the conjugal dwelling
ART. 65 - ART. 67 - Art. 198
• If, after the issuance of the decree of LS, the parties simply - If one spouse had left without the intention of returning,
reconcile and resume their marital relations previous to the decree the aggrieved spouse may petition the court for
but without obtaining a decree of reconciliation from the same court receivership, for judicial separation of property or for
which issued the decree of LS, their de facto reconciliation does not authority to be sole administrator
have the effect of setting aside the decree of LS b) When spouse commits acts of sexual infidelity
- When a philandering husband squanders the properties of
• The FC speaks only of “revival” of the former property regime of the CP or AC to satisfy his vices, the aggrieved spouse
the spouses in case of reconciliation and not an adoption of an may petition the court for injunction to stop his further
altogether different property regime disposition of property aside from seeking sole
- At any rate, they mare not adopt either ACP or CPG as their administration of the property
new property regime since these property regimes can only c) When spouse sells the conjugal or community property
commence at the precise moment that the marriage is celebrated without the other’s consent
and any stipulation, express or implied, for the commencement - Aggrieved spouse may seek an injunction to stop further
of these regimes at any other time shall be void disposition of property without the other’s consent
d) When husband commits violation of VAWC
- Wife may obtain “protection orders” either from the
TITLE III barangay or from the courts


• When the objection is found to be proper by the courts, the spouse
who did not consent for such profession, business or activity shall
ART. 68 be responsible, with his or her own separate property, for any
• Cohabitation is public assumption by a man and a woman of the obligation that may be incurred in connection therewith
marital relation, and dwelling together as man and wife, thereby - UNLESS, it is shown that the same has redounded to the benefit
holding themselves out to the public as such of the family, in which case, the AC or CP shall be liable

• The courts cannot force one of the spouses to cohabit with the other,
the law, however, provides for other remedies and sanctions

• One of the essential marital obligations is to procreate children

based on the universal principle that procreation of children through
sexual cooperation is the basic end of marriage

Abesamis, Austinne Joyce D. !10

Family Code of the P hilippines (Rabuya)
Title IV - Celebration of marriage is a condition sine qua non for the
validity of MS

Chapter 1 Marriage Settlement Donations Propter Nuptias

General Provisions
The fact of non-celebration of The fact that marriage did not
ART. 74 - ART. 75 marriage renders the MS void take place does not render the
• Law allows spouses to fix their property relations during marriage donation void, except if the
through a marriage settlement subject only to the condition that donation is contained in the MS
whatever settlement they may have must be within the limits itself
provided by FC
Depends on the celebration of Does not depend upon the
marriage to be valid marriage taking place
• For spouses who got married on August 3, 1988 or thereafter without
any marriage settlement: property relations shall be governed by
ACP Art. 86(1) only makes the
donation revocable at the
instance of the donor if the
• For spouses who got married without marriage settlement prior to
August 3, 1988 but after August 30, 1950: property relations shall be marriage does not take place
governed by CPG The fact that marriage did not
take place only gives rise to a
• The possibility that local customs will govern the property relations cause or ground to revoke the
of spouses during marriage will only arise if the future spouses DPN
execute a marriage settlement and stipulate therein that AC shall not
exist between them but without providing for rules or regime that If not revoked, it continues to be
will govern their property relations valid

ART. 76 - ART. 79
• MARRIAGE SETTLEMENT or ante nuptial contract is a contract • The rule that the non-happening of marriage shall render any
which is entered into before, but in contemplation and in stipulation in the MS void does not apply to any provision therein
consideration of marriage, whereby the property relations of the that does not depend upon the celebration of marriage for its validity
spouses during marriage are fixed and determined

• It is not possible for the parties to execute a marriage settlement Chapter 2

during the marriage if there is not at the start at the start of the Donations by Reason of Marriage
ART. 82
• Marriage settlement is an agreement made in consideration of • It is essential that donee/s be either of the future spouses or both of
marriage; hence, it is governed by the Statute of Frauds them, although the donor may either be one of the future spouses or
- A contract which infringes the SF is not a void contract but a third person
cannot be enforced unless ratified
- An oral MS is merely unenforceable under SF
• The following are not DPN:
1. Made in favor of spouses after celebration of marriage
2. Those executed in favor of the future spouses but not in
ART. 80 consideration of the marriage
• Future spouses are free to stipulate in their MS what laws shall 3. Those granted to persons other than the spouses even though
govern their property relations, especially, if they are residents in a they may be founded on the marriage
foreign country
- However, with respect to mandatory provisions of FC, the latter
• The marriage in DPN is rather a resolutory condition which
shall still govern since the freedom of the parties to stipulate in presupposes the existence of the obligation which may be resolved
their MS must be done within the limits provided for the under or revoked, and is not a condition necessary for the birth of the
the Code obligation
• Issues relating to property, whether real or personal, are to be
governed by the law of the country where the property is situated ART. 83
• DPN must follow the formal requirements of Arts. 748 and 749 NCC
• While the present article seems to limit the inapplicability of Ph laws
only to extrinsic validity of contracts affecting property not situated • Implied acceptance is sufficient for validity of DPN
in the Ph, the rule must likewise be extended to any issues relating to
such properties, including the intrinsic validity of contracts affecting
the same ART. 84
• If property regime agreed upon in MS is other than ACP — donation
must not exceed 1/5 of the present property of the donor
ART. 81 - If donation exceeds limitations, only the excess is considered
• If marriage does not take place, everything stipulated in the MS, void but remainder thereof remains valid
including donations between prospective spouses made therein, shall
be rendered void

Abesamis, Austinne Joyce D. !11

Family Code of the P hilippines (Rabuya)
• If regime agreed upon in MS is ACP — law does not impose any - It is submitted that 1-year prescriptive period for revocation of
limitations as to the extent of what may be donated by one of the donations based on acts of ingratitude applies
future spouses in favor of the other
- Because in ACP, spouses are considered co-owners of all the • For other grounds which are not controlled by a particular
property owned by them at the time of the celebration of prescriptive period, resort to ordinary rules of prescription may be
marriage or acquired thereafter, unless otherwise provided in FC had
or in MS

• Rule is based on policy that no spouse should be allowed to take ART. 87

advantage of the love or tender feelings of the other to acquire • Any donation between the spouses DURING marriage, direct or
property from the latter indirect, is considered VOID
- But the article recognizes the validity of moderate gifts which
• The rule is also to apply to donations between spouses even outside the spouses may give each other on the occasion of any family
of the MS, so long as the property regime agreed upon is other than rejoicing
• H and W are prohibited from selling property to each other and any
• If future spouses did not execute MS, any DPN between them is not such sale is void ab initio
subject to 1/5 limitation since they will be governed by a regime of - EXCPN:
AC by default 1. When separation of property was agreed upon in MS; or
2. When there has been a judicial separation of property
• DPN of future property between future spouses are not prohibited - Excpns do not apply in prohibition between spouses from
and shall be governed by provisions on testamentary succession and donating to each other
the formalities of wills
- In the nature of donations mortis causa • Spouses are prohibited from donating to each other during marriage
- Arts. 804 to 819 NCC applies whether their property regime is complete separation of property or
• If donation of future property is to be made by third person, Art. 751
NCC applies and such donation is prohibited
Chapter 3
System of Absolute Community
ART. 85
• Mere encumbrance does not divest the donor of ownership of Section 1. — General Provisions
property donated
ART. 88 - ART. 90
• If donee has constructive notice of encumbrance, such is binding • In ACP, spouses are considered co-owners of all property brought
upon the donee and attaches to the property donated into and acquired during marriage which are not excluded from the

ART. 86 • There is only one instance when waiver during the marriage may be
• If marriage is not celebrated, the DPN is not rendered ineffective or considered valid, and that is, it the waiver is made in case of judicial
void, except a donation made in the MS itself separation of property

• DPNs in MS are void if marriage does not take place • Valid waiver may take place after the marriage has been dissolved or
• If marriage is judicially declared void ab initio — DPN remains
valid but such fact gives rise to a ground for the revocation of said
donation Section 2. — What Constitutes Community Property

• If marriage is judicially declared void ab initio under Art. 40 — ART. 91 - ART. 93

DPN is REVOKED BY OPERATION OF LAW “if the donee • Future spouses may execute a MS prior to marriage and adopt ACP
contracted the marriage in bad faith” or “ if both spouses of the as their property regime; they may agree to exclude whatever
subsequent marriage contracted the marriage in bad faith” properties they may have at the time of the celebration of marriage
- Art. 50 makes applicable Art. 43(3) and 44 to marriages which and include therein only the properties that they may acquire during
are declared void ab initio under Art. 40 marriage
- Exclusion of fruits and income from such properties depends
• Art. 86 is incompatible and inconsistent with Art. 50, in relation to upon the agreement of spouses in MS
Art. 43(3) and 44 • They may exclude the fruits and income in their MS
• In the absence of such agreement, fruits and income
• To give rise to a ground for revocation, the rule is that a voidable are to be considered part of the community property
marriage must first be annulled
- EXCPN: If marriage is voidable by reason of absence of parental • In ACP, the presumption in favor of community must relate to all
consent, there is no more need for a judgment annulling the properties of the spouses and not only to the properties acquired
marriage for the donation to be revocable because such fact during the marriage
already gives rise to a cause for revocation of donation - In CPG, the properties of each spouse at the time of celebration
of marriage are not included in the conjugal property, unless
• Since FC does not expressly provide for prescriptive period of contrary is provided in MS
actions to revoke DPN, rules on ordinary donations shall apply • The presumption of conjugality attaches only to
property acquired DURING marriage

Abesamis, Austinne Joyce D. !12

Family Code of the P hilippines (Rabuya)
8. Losses during marriage in any game of chance, betting,
• Spouse-owner retains ownership, possession, administration and sweepstakes, or any other kind of gambling, whether
enjoyment of the separate or exclusive properties permitted or prohibited by law, shall be borne by the loser-
• If the property was gratuitously acquired prior to celebration of
marriage or if donor, testator or grantor expressly provided that it
shall form part of the community property — it shall belong to the Section 4. — Ownership, Administration, Enjoyment and
community Disposition of the Community Property

• Acquisition by gratuitous title by BOTH spouses jointly — the FC is ART. 96 - ART. 98

silent and Art. 113 is not made to apply in ACP • Alienation of property must have the written consent of the other
- In the absence of any special provision, it is Art. 753 NCC which spouse or the authority of the court without which the disposition or
will apply encumbrance is void
- The share of each spouse in the donation, which is understood to
be equal, shall pertain to his or her exclusive property • When the other spouse or the court eventually gives their consent or
authorization, the previous transaction is not deemed ratified since a
• Purpose of excluding properties of spouse who has legitimate void contract is not subject to ratification
descendants by a prior marriage — to facilitate identification of
properties from which the legitimate descendants in prior marriage • While AC is a form of co-ownership, neither spouse can dispose of
may later on lay claim their respective shares in the community property by way of
- Fruits and interest of these properties are also excluded disposition inter vivos
- Spouses cannot include there properties by agreement in the MS - Art. 493 NCC does not find application in this case because
prior to liquidation of AC, the interest of each spouse in the
• If an excluded property by reason of MS, in the absence of any community assets is INCHOATE, a mere expectancy, which
agreement, the alienation of such property converts the proceeds or constitutes neither a legal nor equitable estate, and does not
the property acquired in its place to the AC, following Arts. 91 and ripen into title until liquidation and settlement
93 - Any disposition of spouses’s respective shares or interest in AC
shall be void since right to 1/2 does not vest until the liquidation
• If property is excluded by mandatory provisions of law, it is of the AC
submitted that the policy of the law to stamp there properties with
separate character should not be easily defeated by the simple • However, the Code expressly authorizes either spouse to dispose his
expedient of converting said properties into some new form or her interest in the community property if the disposition is in the
nature of disposition mortis causa and made in a will

Section 3. — Charges Upon and Obligations of the Absolute

Community Section 5. — Dissolution of Absolute Community Regime

ART. 94 - ART. 95 ART. 99 - ART. 101

• If debt contracted during marriage by both spouses or by either • Existence of property regime is co-terminus with the marriage
spouse with the consent of the other, the law conclusively presumes
that such debt has redounded to the benefit of the family • The Code allows only a shift to complete separation of property
during marriage, either as an incident of the decree of legal
• If debt is contracted by the designated administrator-spouse or by separation or pursuant to a petition for judicial separation
one spouse without the consent of the other, the AC shall be liable
only if it can be proven that the debt benefited the community or the • The cause for termination of AC of judicial declaration of nullity of
family marriage is limited only to judicial declaration of void marriage
under Art. 40
• Liability of AC extend only to expenses incurred for the preservation - AC may exist only in a valid, or at least voidable marriage, and
of such separate property used by the family and does not extend to does not, as a rule exist in a void marriage
expenses incurred for mere improvement or embellishment of such
separate property, even if used by the family • In a VOID marriage, regardless of the cause thereof, the property
relations during the period of cohabitation is governed by Arts. 147
• Obligations chargeable to Exclusive Property or 148, as the case may be
1. Support of illegitimate children
2. Debts contracted by administrator-spouse during marriage • It is the decree of legal separation which results in the termination of
which did not benefit the community absolute community
3. Debts contracted during marriage by either spouse without - A mere separation de facto between spouses does not affect the
the consent of the other which did not redound to the benefit regime of ACP
of the family
4. Ante nuptial debt of either spouse which did not redound to • Consequences of Separation de facto
the benefit of the family 1. Spouses retained their right of consortium because in the eyes
5. Taxes and expenses incurred during the marriage for the of law, they are not entitled to live separately from each other
preservation of separate property of either spouse which is 2. Does not affect regimes of AC or CP
not being used by the family 3. Spouses continue to be the legal heir of each other in intestate
6. Civil liability of either spouse arising from crime or quasi- succession
delict 4. There is neither a guilty spouse nor an innocent one
7. Expenses of litigation between spouses, if suit is found to be

Abesamis, Austinne Joyce D. !13

Family Code of the P hilippines (Rabuya)
Chapter 6. — Liquidation of the Absolute Community Assets and

ART. 102
• NET ASSETS is what remains of the community property after
payment of all the charges and obligations for which the community
is liable

• NET PROFITS represents the increase in the market value of the

community property at the time of the celebration of marriage and
the market value at the time of its dissolution but minus the charges
and obligations for which the community is liable

• Legitime to be delivered to common children upon dissolution is

merely “presumptive: and provisional since the final legitime can
only be determined upon the death of the person whose succession is
under consideration

ART. 103 - ART. 104

• Termination of AC is produced ipso jure by any of the causes
mention in Art. 99, while liquidation involves some positive act on
the part of the spouses or surviving spouse, in case AC is terminated
by reason of death

• Any alienation or encumbrance involving the community property of

the terminated marriage prior to liquidation and partition shall be
valid to the extent of what may be allotted in the property involved,
in the final partition, to the vendor or mortgagor
- What the transferee obtains by virtue of such alienation or
encumbrance are the same rights as the transferor had as a co-
owner, in an ideal share equivalent to the consideration given
under their transaction

Abesamis, Austinne Joyce D. !14

Family Code of the P hilippines (Rabuya)
Chapter 4 • If donation is made during marriage in favor of one spouse but the
Conjugal Partnership of Gains donor imposes a burden or charges inferior in value to the property
donated, property donated remains as exclusive property of donee-
Section 1. — General Provisions spouse although paid from conjugal funds
- CP shall be reimbursed
ART. 105 - ART. 108
• There is no co-ownership between spouses in the properties of CPG
ART. 115
• Prior to effectivity of FC, CPG governs the property relations of • Ownership of benefit depends on the manner of acquisition
spouses in the absence of MS or when the same is void - If obtained out of pure liberality of grantor, benefit is considered
- Provisions of FC on CPG are also made applicable to CPG as exclusive property of grantee-spouse
already established before its effectivity unless vested rights - If benefit is simply an accumulation or deductions from money
have already been acquired under NCC or other laws earned during the marriage or from salaries of either spouse, the
benefit is part of conjugal partnership

Section 2. — Exclusive Property of Each Spouse

Section 3. — Conjugal Partnership Property
ART. 109
• Does not produce the merger of separate property of each spouse ART. 116
• For presumption to apply, it is not necessary to prove that property
• The right of future spouses to include properties acquired prior to was acquired with funds of the partnership
marriage in their CP is subject to the following limitations - Property shown to be acquired during marriage, considered
1. Future spouses cannot include in their CP more than 1/5 of conjugal
their present property - Presumption is not rebutted by mere fact that certificate of title
2. Future spouses cannot include in their CP properties acquired or tax declaration is in the name of one of the spouses only
prior to the marriage by one of them who has legitimate • W H AT I S I M P O RTA N T I S T H AT T H E
descendants in his/her previous marriage ACQUISITION IS MADE “DURING MARRIAGE”

• Property acquired by either spouse during the marriage is to be • Presumption does not operate when there is no showing as to when
considered as an exclusive property if acquired through gratuitous the property alleged to be conjugal was acquired
title - Proof of acquisition of property during the marriage is a
- but, unlike ACP, the fruits and income of the separate properties condition sine qua non for the operation of presumption in favor
of the spouses are part of the CP of CP
- When property is registered in the name of only one spouse and
• Property acquired by either spouse through the exercise of right of there is no showing as to when the property was acquired by the
redemption is an exclusive property of the redemptioner-spouse, same spouse, this is an indication that it is exclusive property of
regardless of the source of the money used to redeem said property said spouse
- Even if source of money used in redemption is CP, the property
so redeemed shall still be considered as exclusive property of the • In ACP, presumption in favor of community property exists
owner of the right to redemption, subject to reimbursement by regardless of w/n property is shown to be acquired during the
redemptioner-spouse marriage or prior thereto

• Person who claims that the property is not CP is burdened to prove

ART. 110 - ART. 112 the source of the money utilized to purchase the same
• Transfer of administration to the other spouse must be embodied in a
public instrument and recorded in the registry of property of the
place where the property is located, otherwise it shall not prejudice ART. 117 - ART. 119
the interest of third persons • Two-tiered test in determining whether property acquired during
marriage is conjugal or exclusive
• When any exclusive property property is alienated by administrator- 1. Manner of acquisition test (whether onerous or gratuitous);
spouse without consent of the owner-spouse or without court 2. In case of onerous acquisitions, source of funds test (whether
authorization, such administration is automatically terminated and conjugal funds or exclusive money)
proceeds of alienation shall be turned other to owner-spouse
• If acquired during marriage by gratuitous title by either spouse —
Exclusive property
ART. 113 - ART. 114
• If donation is made jointly to persons who are not H and W, the rule • If through onerous title — ownership will depend upon the
is that there is no accretion, accretion taking place only when so SOURCE of funds used in such acquisition
expressly provided for by the donor - If from exclusive money = Exclusive property
- If from CP = CP, regardless of whether the acquisition is in the
• If donation made to H and W jointly, the rule is that there is name of the CP or in the name of only one of the spouses
accretion between them if the contrary has not been provided for by
the donor • For properties purchased on installments by either or both spouses
- Acceptance by one spouse shall be sufficient for perfecting the prior to marriage but the payment is completed only during marriage
donation notwithstanding the non-acceptance by the other - TIME WHEN FULL OWNERSHIP IS VESTED determines
donee-spouse ownership of the property, not the source of fund or time when
payment is completed

Abesamis, Austinne Joyce D. !15

Family Code of the P hilippines (Rabuya)
- If full ownership vested BEFORE marriage = Exclusive property • The contract of loan or services is clearly for the benefit
of buyer/s, even if the purchase price is partly and/or of the principal debtor and not for the surety or his
substantially paid from CP family
- If full ownership vested DURING marriage = CP, even if - The CP should not be made liable for the surety agreement
purchase price is partly and/or substantially paid from exclusive which is clearly for the benefit of a third party
funds of either or both spouses - The benefits contemplated must be one directly resulting from
- In either case, amount advanced shall be reimbursed by owner/s the loan and cannot be merely be a by-product or a spin-off of
upon liquidation of partnership the loan itself

• Bear in mind the presumption of conjugality

Section 5. — Administration of the Conjugal Partnership Property
• Wages, salaries, fees or income be earned during marriage is
considered CP ART. 124 - ART. 125
- If earned prior to marriage = Exclusive property • Art. 61, FC
• Art. 101, FC
• Requisites in order that things may be acquired by occupation
1. There must be seizure • The administration of CP is a joint undertaking of the husband and
2. Things must be corporeal wife
3. There must be intention to appropriate
4. Things must not be owned by anybody • In all instances, the law requires the written consent of the other
5. Rules laid down by law must be fulfilled spouse, or authority of the court for the disposition or encumbrance
of CP property without which, the disposition or encumbrance shall
be void
ART. 120 - Rule may only be applied to any alienation or encumbrance of
• Requisites CP property after effectivity of FC
1. Property is owned exclusively by one of the spouses
2. Said property has been subject of an improvement, whether • Rule also applies to donations because it is also a form of disposition
for utility or adornment - However, either spouse may, even without the consent of the
3. Improvements were made at the expense of the conjugal other, to make moderate donations from the CP property for
partnership or through acts or efforts of either or both spouses charity or on occasions of family rejoicing or family distress

• Reimbursement may be made even prior to liquidation of property • The right of H/W to one-half of the conjugal assets does not vets
until the dissolution and liquidation of CP, or after dissolution of
marriage, when it is finally determined that, after settlement of
Section 4. — Charges Upon and Obligations of the Conjugal conjugal obligations, there are net assets left which can be divided
Partnership between the spouses or their respective heirs
- Any disposition of the spouse’s respective shares or interest in
ART. 121 - ART. 123 the CP shall be void since no one can give what he has not
• For solidary liability of either spouse to attach, it is incumbent upon - However, the spouses are not prohibited from disposing by will
the creditor to prove that the assets of the partnership are not of his or her interest in the CP
sufficient to pay for its obligations

• An obligation entered into by H and W is chargeable against their CP Section 6. — Dissolution of Conjugal Partnership Regime
and it is the partnership which is primarily bound for its repayment
- When spouses are sued for enforcement of an obligation entered ART. 126 - ART. 128
into by them, they are being impleaded in their capacity as • Same as ACP
representatives of the conjugal partnership and not as
independent debtors
Section 7. — Liquidation of the Conjugal Partnership Assets and
• If the debt is contracted by administrator-spouse or by one spouse Liabilities
without the consent of the other or if prior debt is contracted prior to
marriage, the conjugal partnership shall be liable only if it can be ART. 129 - ART. 133
proven that the debt redounded to the benefit of the CP or the family • Similar to ACP
- If the husband himself is the principal obligor in the contract,
that contract falls within the term “… obligations for the benefit
of the conjugal partnership”
• Here, no actual benefit may be proved
• It is enough that the benefit to the family is apparent at
the time of the signing of the contract
• When the husband contracts obligations on behalf of the
family business, the law presumes that such obligation
will redound to the benefit of the CP
- If the money or services are given to another person or entity,
and the husband acted only as a surety or guarantor, that contract
cannot alone be categorized as falling within the context of
“obligations for the benefit of the conjugal partnership”

Abesamis, Austinne Joyce D. !16

Family Code of the P hilippines (Rabuya)
Chapter 5 - However, rights which are previously acquired by
Separation of Property of the Spouses and Administration of creditors prior to judicial SP shall not be prejudiced
Common Property by One Spouse During the Marriage by the judicial decree of SP

ART. 134
• Separation of property, when it may take place ART. 141
1. When future spouses have agreed in the MS that their • Procedure for revival of previous property regime in case of judicial
property relations during marriage shall be governed by separation of property is the same as that provided under Art. 67
regime of SP
2. When previous marriage had been terminated by death of one
of the spouses and the surviving spouse contracts a ART. 142
subsequent marriage without subjecting AC or CP in the • Administration of exclusive property of either spouse may be
previous marriage to liquidation within a period of one year transferred to the other spouse either by agreement or by order of the
from death of the spouse court
3. Upon finality of a decree of legal separation, the AC or CP - FC allows such transfer by means of public instrument, which
shall be dissolved and liquidated and, thereafter, the spouses shall be recorded in the registry of property of the place where
shall be governed by a regime of complete separation of the property is situated
4. When court approves the joint petition of the spouses for the • If transfer is by virtue of court order, the same can only be based on
voluntary dissolution of the AC or CP the grounds provided for in Art. 142
5. When the court decrees legal separation of property of
spouses following the petition of one of the spouses for such • The alienation of exclusive property of a spouse administered by the
separation under the ground enumerated in Art. 135 other results in the automatic termination of the administration over
such property and the proceeds of the alienation shall be turned over
• Mere separation de facto does not affect the AC or CP to the owner-spouse

ART. 135
• SP may be resorted to by the spouses during marriage in two ways: Chapter 6
1. By filing a petition for legal separation; or Regime of Separation of Property
2. By filing a petition for separation of property, either
voluntarily or for a sufficient cause ART. 143 - ART. 146

• The power of administration must be granted to the abusive spouse

in the MS itself, otherwise the provisions of par. 5, Art. 135 will not
- If the power of administration has been assumed solely by one
of the spouses in view of the incapacity or inability of the other
spouse to participate in the administration of AC or CP, and not
by virtue of MS, any abuse of power is not the ground
contemplated in the article

• If the separation in fact for at least one year and reconciliation is

highly improbable, either of the spouse may petition for separation
of property

ART. 136
• Spouses may agree to voluntarily dissolve the AC or CP, but it will
not produce any effect if the same is not approved by the courts

• Spouses may petition for SP even in the absence of a sufficient cause

- The court is not required to look into the reasons of the spouses
for resorting to separation of property
- Judicial approval is done only to protect the interest of third
persons, especially the creditors of AC or CP

ART. 137 - ART. 140

• Effects of Decree granting SP
1. AC or CP shall be liquidated
2. After dissolution of AC or CP, the souses shall thereafter be
governed by regime of complete SP
3. In order to bind third persons, the petition for SP and final
judgment granting the same are required to be recorded in the
proper local civil registries and registries of property

Abesamis, Austinne Joyce D. !17

Family Code of the P hilippines (Rabuya)
Chapter 7 - It is different from Art. 147 where efforts in the
Property Regime of Unions Without Marriage care and maintenance of the family and household
are regarded as contributions to the acquisition of
ART. 147 common property by one who has no salary or
• Art. 147 applies income or work or industry
1. If two minors coming from opposite sexes live exclusively as - Mere cohabitation without proof of contribution
H/W without the benefit of marriage since they are not will not result in a co-ownership
capacitated to marry each other 3. Share of the party validly married to another shall accrue to
2. Applies to unions of parties who are legally capacitated and the property regime of such existing marriage
not barred by any impediment to contract marriage, but - Property acquired by a man while living with a
whose marriage is nonetheless void for other reasons, like common-law wife during subsistence of his
absence of a marriage license or by reason of psychological marriage is AC or CP, even when the property was
incapacity titled in the name of the common-law wife
- In such cases, a constructive trust is deemed to
• Distribution of properties under Art. 147 have been created by operation of Art. 1456 NCC
1. With respect to wages and salaries, the same shall be owned over the property which lawfully pertains to the AC
by them in equal shares, even if only one party earned the or CP of the subsisting marriage
wages and the other did not contribute thereto; 4. If the party who has acted in BF is not validly married to
2. Property acquired by both of them through their work or another, his/her share shall be forfeited in the matter already
industry shall be governed by the rules on co-ownership heretofore expressed
- Any property acquired during the union is prima facie - Foregoing rules on forfeiture shall likewise apply
presumed to have been obtained through their joint even if both parties are in BF
- However, a party who did not participate in the
acquisition of property shall still be considered as
having contributed thereto jointly if said party’s
“efforts” consisted in the care and maintenance of the
family household
3. When only one of the parties to a void marriage is in good
faith, the share of the party in bad faith shall be forfeited in
favor of the common children
- Rules on forfeiture

• In co-ownership existing between parties under Art. 147, neither

party can encumber or dispose by acts inter vivos of his or her share
in the property acquired during the cohabitation and owned in
common, without the consent of the other, until after the termination
of their cohabitation
- Either party may dispose of his/her share in the following
1. If disposition is by way of acts mortis causa; or
2. Even if disposition is by way of acts inter vivos, if the
same is with the consent of the other party

ART. 148
• Art. 148 applies
1. Bigamous marriages
2. Adulterous relationships
3. Relationships in a state of concubinage
4. Relationships where both man and woman are married to
other persons
5. Multiple alliances of the same married man
6. Common-law spouses who suffer from a legal impediment to
marry or when they do not live exclusively with each other as
7. Void marriages by reason of public policy
8. Incestuous marriages

• Distribution of properties under Art. 148

1. Wages and salaries earned by each party belong to him/her
2. Only the property acquired by both of them through their
actual joint contribution of money, property or industry shall
be owned in common and in proportion to their respective
- If actual contribution is not proved, there will be no
co-ownership and no presumption of equal shares

Abesamis, Austinne Joyce D. !18

Family Code of the P hilippines (Rabuya)
TITLE V - It is for this reason that the law authorizes the sale of the family
home when a judgment creditor has reasonable grounds to
THE FAMILY believe that the family home “is actually worth more than the
maximum amount fixed in Art. 157”
Chapter 1
The Family as an Institution
ART. 158
ART. 149 - ART. 150 • Considering the purpose of the law which affords protection to the
• The scope and coverage of family relation defined in Art. 150 is family home only to the extent of the value allowed under Art. 157,
exclusive it is submitted that the alienation or encumbrance in excess of the
value allowed under Art. 157 shall be considered valid
• It is mandatory that the complaint or petition, which must be
verified, should allege that earnest efforts toward a compromise have • However, when the family home is part of the CP or AC, its
been made but that the same failed; if it is shown that no such efforts alienation or encumbrance during the marriage without the consent
were made, the case must be dismissed of the other spouse shall be void

• “Members of the same family” must be construed in relation to Art.

150 FC ART. 159
- A brother-in-law or a sister-in-law is a stranger with respect to • Present article qualifies the rule stated in Article 153
the family of their spouses and, as such, the mandatory
requirement of “earnest effort toward a compromise” does not • Rules that will apply in the event of the death of the person/s who
apply to them constituted the family home:
- “Earnest efforts to compromise” are not jurisdictional 1. The family home continues to be such for as long as there is a
prerequisite for the maintenance of an action whenever a minor beneficiary actually residing therein;
stranger to the family is a party thereto, whether as necessary or 2. But if there is no minor beneficiary, the family home
indispensable one continues to be such only for a period of ten years provided
that a beneficiary of legal age actually resides therein
• Art. 151 is NOT applicable to cases which are not subject to
compromise (Art. 2035 NCC) • So long as the family home continues as such pursuant to the
1. Civil status of persons provisions of the present article, the heirs are prohibited from
2. Validity of marriage or legal separation partitioning the family home unless the court finds compelling
3. Any ground for legal separation reasons therefore
4. Future support
5. Jurisdiction of the courts
6. Future legitime ART. 160
• Since the law affords protection to the family home up to the extent
of the value allowed in Art. 157, the law directs that the amount
Chapter 2 mention in Art. 157 shall first be satisfied prior to the satisfaction of
The Family Home the judgment debt and costs

ART. 152 - ART. 154

• Family home is a real right, which is gratuitous, inalienable and free ART. 161 - ART. 162
from attachment, constituted over the dwelling place and the land on • The effect of Art. 162 is to constitute, by operation of law, all
which it is situated, which confers upon a particular family the right existing family residences at the time of the effectivity of FC into
to enjoy such properties, which must remain with the person family homes
constituting it and his heirs - However, Arts. 152 and 152 do not have retroactive effect
- Art. 162 simply means that all existing family residences at the
• The occupancy of the family home either by the owner or any of its time of effectivity of FC are considered family homes and are
beneficiaries must be actual prospectively entitled to the benefits accorded to a family home
- That which is “actual” is something real, or actually existing, as under the FC
opposed to something merely possible, or to something which is
presumptive or constructive

• For purposes of availing of the benefits of a family home, a person

may only constitute, or be the beneficiary of only ONE family home

• The enumeration of beneficiaries of a family home may include the

in-laws where the family home is constituted jointly by the H/W

ART. 155 - ART. 157

• GR: Family home is exe,pt from execution, forced sale or
attachment effective from the time of the constitution and lasts so
long as any of its beneficiaries actually resides therein

• It appears that the intent of the law is to exempt the family home
from execution, forced sale or attachment only to the extent of the
value provided for in Art. 157

Abesamis, Austinne Joyce D. !19

Family Code of the P hilippines (Rabuya)
TITLE VI • The child himself cannot choose his own filiation
- If the husband, presumed to be the father does not impugn the
PATERNITY AND FILIATION legitimacy of the child, then the status of the child is fixed, and
the latter cannot choose to be the child of his mother’s alleged
Chapter 1 paramour
Legitimate Children - If the presumption of legitimacy is overthrown, the child cannot
elect the paternity of the husband who successfully defeated the
ART. 163 - ART. 165 presumption
• PATERNITY is the civil status of a father in relation to his child
• Reasons for presumption under Art. 167
• FILIATION is the civil status of a child in relation to his/her parents 1. In a fit of anger, or to arouse jealousy in the husband, the wife
may have made this declaration
• Judgment of adoption is a judicial act whereby the same rights and 2. The article is established as a guaranty in favor of the
obligations arising out of filiation by blood are established for the children whose condition should not be under the mercy of
adoptive parent and the adopted child the passions of their parents

• Children conceived or born in a voidable marriage are likewise • Art. 167 covers a situation where the wife denies the husband’s
considered legitimate since a voidable marriage is valid until paternity of a child conceived or born during their marriage
annulled - It does not contemplated a situation where a child is alleged not
- Art. 54 FC to be the child of nature or biological child of a certain couple

• The following children of void marriages are also considered • Grounds to Impugn Child’s Legitimacy
LEGITIMATE 1. Physical impossibility to have sexual intercourse
1. Children of marriages which are declared void under Art. 36 - In order to overthrow the presumption of legitimacy, it
(psychological incapacity) must be shown beyond reasonable doubt that there was no
2. Children of marriages which are declared void under Art. 53 access as could have enabled the husband to be the father
of the child
• If the parents of children born outside of wedlock were, at the time • Where sexual intercourse is presumed or proved,
of the child’s conception and birth, not legally barred from marrying the husband must be taken to be the father of the
each other and subsequently do so, the child’s filiation improves as child
he becomes legitimized
- Art. 177 FC A. Physical Incapacity
• IMPOTENCE which imports a total want of power
• Child conceived as a result of AI is considered legitimate child of of copulation and, as a necessary incident thereto,
both husband and wife, even if the donor of the sperm used in the the inability to procreate
insemination is not the husband’s • While sterility itself is not a sufficient ground to
- So long as the requirements of Art. 164 are met, the law deems overthrow the presumption of legitimacy, the
the child to be filiated, by nature, to the H/W sterile husband may still successfully impugn the
- If the H/W indeed authorized or ratified the insemination using child’s legitimacy by resorting to biological or
the sperm other than that of the husband, the husband may not other scientific reasons
impugn the child’s legitimacy by claiming that he could not have
been the father due to biological or other scientific reasons B. Living Separately
• Separation between the spouses must be such as to
• The law does not recognize as valid the use of a surrogate mother, make sexual access impossible
even if the sperm is that of the husband • They reside in different countries or provinces, and
- Contrary to law, morals and public policy they have never been together during the period of
• The husband may be in prison during the period of
ART. 166 - ART. 167 conception, unless it appears that sexual union took
• The presumption is grounded in policy to protect innocent offspring place through corrupt violation of or allowed by
from the odium of illegitimacy prison regulations

• The presumption of legitimacy of the child is not conclusive and C. Serious Illness of Husband
may be overthrown by evidence to the contrary • Illness of the husband must be of such a nature
as to exclude the possibility of his having sexual
• GR: Impugning the legitimacy of the child is a strictly personal right intercourse with his wife
of the HUSBAND for the simple reason that he is the one directly • Illness which produced temporary or permanent
confronted with the scandal and ridicule which the infidelity of the impotence
wife produces
- EXCPN: ART. 171; the HEIRS may be allowed to impugn the 2. Biological or other scientific reasons
child’s legitimacy in the following instances: - In issues relating to paternity and filiation, our courts are
1. If the husband should die before the expiration of the mandated to apply the results of science in proper cases,
period fixed for bringing his action since it is one of the remedies made available to a
2. If the husband should die after filing the complaint husband in impugning the legitimacy of a child
without having desisted therefrom - Blood grouping tests are conclusive on non-paternity,
3. If the child was born after the death of the husband although inconclusive on paternity
- Outside of these cases, none — even the husband’s heirs — can - DNA analysis that excludes putative father from paternity
impugn legitimacy should be conclusive proof of non-paternity

Abesamis, Austinne Joyce D. !20

Family Code of the P hilippines (Rabuya)
- Even if it was the wife whose written authorization or when there is no showing that the putative father had a hand in
ratification was obtained through mistake, fraud, violence, the preparation of the said certificates
intimidation, or undue influence, she has no right to - If the father did not intervene in the birth certificate, the
impugn the legitimacy of the child inscription of his name by the mother or doctor or registrar is
- When the sperm used in AI is that of the husband, he null and void
should not be allowed to impugn the child’s legitimacy - The mere certificate by the registrar without the signature of the
even if his written authorization or ratification was father is not proof of voluntary acknowledgment on the latter’s
obtained through mistake, fraud, violence, intimidation or part
undue influence - It is not indispensable that the birth certificate be signed by the
putative father; what is important is that the putative father had a
hand in the preparation of the birth certificate
ART. 168 - Its evidentiary worth cannot be sustained where there exists
• The article applies only in the absence of proof to the contrary strong, complete and conclusive proof of its falsity or nullity
- It mere establishes presumptions as to which marriage the child
belongs and does not provide for presumptions of legitimacy of • Baptismal certificate, a private document, which, being hearsay, is
the child concerned not conclusive proof of filiation
- No longer public writings, nor kept by duly authorized public
ART. 169 - Does not attest to the truth of the statements therein as to the
• It applies to a situation where a marriage has been terminated and parentage of the child baptized; it only attests to the fact of the
the woman gave birth to a child after 300 days following the administration of the sacrament
termination of the marriage
• Admission of legitimate filiation must be made personally by the
• The child born under this situation is neither presumed to be parent himself or herself
legitimate nor legitimate - Any admission or recognition made by any brother, sister or
relative of the putative father is ineffective
- Filiation may likewise be established by holographic as well as
ART. 170 - ART. 171 notarial wills, except that they no longer need to be probated or
• The issue of legitimacy cannot be attacked collaterally to be strictly in conformity with the formalities thereof for the
- The legitimacy of the child can be impugned only in a direct purposes of establishing filiation
action brought for that purpose, by the proper parties, and within
the period limited by law • Open and continuous possession of the status of legitimate child is
- The legitimacy of the child cannot be contested by way of meant the enjoyment by the child of the position and privileges
defense or as a collateral issue in another action for a different usually attached to the status of a legitimate child
purpose - To prove open and continuous possession of the status of an
illegitimate child, there must be evidence of the manifestation of
• Upon expirations of the periods provided in Art. 170, the action to the permanent intention of the supposed father to consider the
impugn legitimacy of a child can no longer be brought child as his
- The status conferred by the presumption becomes fixed and can • The acts must be of such nature that they reveal not only
no longer be questioned the conviction of paternity, but also the apparent desire
to have and treat the child as such in all relations in
society and in life, not accidentally, but continuously
Chapter 2 - Continuous means uninterrupted and consistent, but does not
Proof of Filiation require any particular length of time

ART. 172 - ART. 174 • Family portrait offered in evidence is not sufficient proof of filiation

• An action to establish illegitimate filiation may be brought by the

child within the same period specified in Art.173, except when the
Chapter 3 action is based on par. 2 of Art. 172, in which case the action must
Illegitimate Children be brought during the lifetime of the alleged parent

ART. 175 - ART. 176 • If the action to establish illegitimate filiation is based on the
• Paternity or filiation, or the lack of it, is a relationship that must be following: (1) record of birth appearing in civil register or final
judicially established and it is for the court to declare its existence or judgment; or (2) admission of paternity in a public document or a
absence private handwritten instrument and signed by the parent concerned
- It cannot be left to the will or agreement of the parties — the same may be brought BY THE CHILD AT ANY TIME
• No compromise upon the civil status of persons shall be valid
• If action is based on (1) open and continuous possession of status of
• A birth certificate, being a public document, offers prima facie illegitimate child; or (2) any other means allowed by ROC and
evidence of filiation and high degree of proof is needed to overthrow special laws — the same must be brought DURING THE
the presumption of truth contained in such public document LIFETIME OF THE ALLEGED PARENT
- For a birth certificate to be considered competent evidence of
paternity, it is necessary that the putative father must have a • Illegitimate children shall principally use the surname of their
participation in its preparation mother
- A certificate of live birth purportedly identifying the putative - They may be allowed to use the surname of their father only in
father is not competent evidence as to the issue of paternity, the following instances:

Abesamis, Austinne Joyce D. !21

Family Code of the P hilippines (Rabuya)
1. If their illegitimate filiation has been expressly
recognized by the father through the record of birth
appearing in the civil register; or
2. When an admission of paternity is made by the putative
father in a public document or private handwritten
- If illegitimate filiation is established only through the use of
evidence in par. 2, Art. 172, an illegitimate child may not be
allowed to use the surname of the father
• It is the GR in Art. 176 that shall apply, in which case,
such illegitimate child shall use the surname of the

Chapter 4
Legitimated Children

ART. 177 - ART. 182

• The process of legitimation takes place automatically by the
subsequent valid marriage of the parents, and as a result of which,
such children born out of wedlock become legitimate children of the

• If, at the time of the child’s conception, the parents are disqualified
by any impediment to marry each other, the child is not legitimated
by the subsequent marriage of the parents
- The remedy available to raise the child into the status of
legitimacy is that of adoption

• What if the child is conceived and born inside a void marriage but
the parents are not disqualified by any impediment to marry each
other, i.e., in a marriage void by reason of absence of marriage
license, may the child be legitimated by the subsequent re-marriage
of the parents, now with a valid marriage license?
- Yes. What is essential is that the child must be conceived at the
time the parents are not disqualified by any impediment to marry
each other

• If the impediment exists at the time of the conception of the child,

the child may not be legitimated

• What if the impediment did not exist at the time of the conception
but present when the child was born, can he be legitimated? i.e., at
the time of conception, the parents were not married but not
suffering from any impediment to marry; but prior to child’s birth,
his father marries another; marriage is later on terminated and his
father subsequently marries his mother, may the child be
- Yes

• If an impediment ceases to exists at the time of the child’s birth, so

long as the same existed at the TIME OF CONCEPTION, it is
believed that the child is not qualifies for legitimation

• Legitimation does not require any additional act on the part of either
of the child or parents except that of the valid marriage of the child’s
- Child is automatically raised to the status of legitimacy which
retroacts to the time of the child’s birth

• The legal or compulsory heirs of the parents of the legitimated child

are to be considered as proper party to impugn legitimation
- The cause of action by those who are prejudiced in their rights
because of the legitimation accrues only upon the death of the
parent whose property is transmitted through succession

• Validity of legitimation may only be question in a direct proceeding

Abesamis, Austinne Joyce D. !22

Family Code of the P hilippines (Rabuya)
• GR: Mandatory for both spouses to JOINTLY ADOPT
1. If one spouse seeks to adopt the legitimate son/daughter
ART. 183 - ART. 193 of the other
• Domestic Adoption Act (DAA) of 1998 is intended to govern 2. If one spouse seeks to adopt his/her own illegitimate
domestic adoption of Filipino children, whether the adopter is a son/daughter, provided, however, that the other spouse
citizen of the Ph or an alien has signified his/her consent thereto
3. If the spouses are legally separated from each other
• Inter-Country Adoption Act (ICA) of 1995 is intended to govern
adoption of a Filipino child in a foreign country by a person who • If it is the other spouse who seeks to adopt the illegitimate child of
may not even be qualified to adopt under the FC or DAA the other spouse, the law requires that both spouses must jointly
- Adopter may either be a foreigner or a Filipino citizen adopt
permanently residing abroad where the petition for adoption is
filed • Who may be Adopted
1. Any person below 18 years of age who has been
• ADOPTION is the process of making a child, whether related or not administratively or judicially declared available for adoption
to the adopter, possess in general, the rights accorded to a legitimate - Child is “legally available for adoption”
child a. Below 18 years of age
- Juridical act, a proceeding in rem which creates between two b. Voluntarily or involuntarily committed to DSWD or
persons a relationship similar to that which results from to a duly licensed and accredited child-placing or
legitimate paternity and filiation child-caring agency
c. Freed of the parental authority of his/her biological
• ONLY adoption that has gone through judicial process is considered parent/s or guardian or adopter/s in case of
ad valid in the Ph rescission of adoption
- A “voluntarily committed child” is one whose parent/s,
known or unknown, has been permanently and judicially
I. deprived of parental authority due to:
b. Substantial, continuous, or repeated neglect;
c. Abuse;
• Adopter d. Incompetence to discharge parental responsibilities
1. Citizen of Ph - Any voluntary or involuntary termination of parental
2. Alien, so long as they are qualified to adopt authority shall be administratively or judicially declared
2. Legitimate son/daughter of one spouse by the other spouse
• Qualifications of Filipino Adopter 3. Illegitimate son/daughter by a qualified adopter to improve
1. Must be of legal age and at least 16 years older than adoptee, his/her status to that of legitimacy
except if the adopter is the biological parent of the adoptee or 4. A person of legal age if, prior to the adoption, said person has
the spouse of the adoptee’s parent been consistently considered and treated by the adopter/s as
2. In possession of full civil capacity and legal rights, of good his/her own child since minority
moral character and has not been convicted of any crime 5. A child whose adoption has been previously rescinded; to be
involving moral turpitude legally available for adoption, the child must be below 18
3. Must be emotionally and psychologically capable of caring years of age
for children and in a position to support and care for his/her 6. A child whose biological or adoptive parent/s has died
children in keeping with the means of the family provided that the child is below 18 years of age; in this case,
the law requires that no adoption proceedings shall be
• Qualifications of Alien Adopter initiated within 6 months from the time of the death of the
1. Must possess the same qualifications of Filipino nationals, said parent/s
and in addition:
2. His/her country must have diplomatic relations with the RP • Our laws do not prohibit relatives, whether by blood or affinity, from
3. He/she has been certified by his/her diplomatic or consular adopting one another
office or any appropriate government agency to be legally
capacitated to adopt in his/her country • Absence of parental authority on the part of a biological parent does
4. His/her government allows the adoptee to enter his/her not necessarily mean that his/her consent is not required
country as his/her adopted son/daughter
5. He/she has been living in the Ph for at least 3 continuous • The law in requiring the written consent of the biological parent/s of
years prior to the filing of the application for adoption and the child, if know, does not distinguish between legitimate and
maintains such residence until the adoption decree is entered illegitimate filiation

• Requirements on residency and certification of alien’s qualification • Written consent of the natural parent to the adoption, while
to adopt may be waived for the following: indispensable to the validity of the decree of adoption may be
1. Former Filipino citizen who seeks to adopt a relative within dispensed with if the parent has abandoned the child or that such
the 4th degree of consanguinity or affinity parent is insane or hopelessly intemperate
2. One who seeks to adopt the legitimate son/daughter of his/her
Filipino spouse • Family Court has exclusive jurisdiction to hear and decide petitions
3. One who is married to a Filipino citizen and seeks to adopt for adoption of children and its revocation
jointly with his/her spouse a relative within the 4th degree of - Venue shall be in the province or city where the prospective
consanguinity or affinity of the Filipino spouse parents reside

Abesamis, Austinne Joyce D. !23

Family Code of the P hilippines (Rabuya)

• Adoption is a proceeding in rem • If incapacitated, adoptee must file the petition for rescission or
revocation of adoption within 5 years after he reaches the age of
• FOUNDLING refers to a deserted or abandoned infant or child majority
whose parents, guardian or relatives are unknown; or a child
committed to an orphanage or charitable or similar institution with • If he incompetent at the time of adoption, file the petition within 5
unknown facts of birth and parentage and registered in the Civil years after recovery from such incompetency
Register as a foundling
• Effects of Rescission
• ABANDONED CHILD refers to one who has no proper parental 1. Parental authority of the adoptee’s biological parent/s, if
care or guardianship or whose parents have deserted him for a period known, of the legal custody of the Department, shall be
of at least 6 continuous month and has been judicially declared as resorted if the adoptee is still a minor or incapacitated
such 2. Reciprocal rights and obligations of the adopter/s and adoptee
to each other shall be extinguished
• DEPENDENT CHILD refers to one who is without a parent, 3. Court shall order the Civil Registrar to cancel the amended
guardian or custodian or one whose parents, guardian or other certificate of birth of the adoptee and restore his/her original
custodian for good cause desires to be relieved of his care and birth certificate
custody and is dependent upon the public for support 4. Succession rights shall revert to its status prior to adoption,
but only as of the date of judgment of judicial rescission;
• NEGLECTED CHILD is one whose basic needs have been however, vested rights acquired prior to judicial rescission
deliberately not attended to or inadequately attended to, physically shall be respected
or emotionally, by his parents or guardian

• All legal ties between the biological parent/s and the adoptee shall II.
be severed and same shall be vested upon the adopter/s, except in INTER-COUNTRY ADOPTION
cases where the biological parent is the spouse of the adopter
• Policy of the state is to encourage domestic adoption so as to
• The adopted is deemed to be a legitimate child of the adopter for all preserve the Filipino child’s identity and culture in his/her native
intents and purposes but the relationship established is limited to the land, and only when this is not available shall ICA be considered as
adopting parents and does not extend to their other relatives, except a last resort
as expressly provided by law
• Who may Adopt
• Adopted child has the right to use the surname of the adopter/s - Any foreign national of Filipino citizen permanently residing
- However, the provision of law which entitles the adopted minor abroad who has the qualifications and none of the
to the use of the surname of the adopter refers to the adopter’s disqualifications under ICA may file an application if he/she
own surname and not to the surname acquired by virtue of 1. Is at least 27 years of age;
marriage 2. Is at least 16 years older than the child to be adopted at
- There is no law prohibiting an illegitimate child adopted by her the time of the filing of application unless the applicant
natural father to use, as middle name, her mother’s surname is the parent by nature of the child to be adopted or is the
spouse of such parent by nature;
• The adopted and his/her biological parents are not legally bound to 3. Has the capacity to act and assume all the rights and
support each other because of the severance of legal ties between responsibilities incident to parental authority under his/
them her national law;
4. Has undergone appropriate counseling from an
• The adopter and the adoptee are legal heirs of each other, in the same accredited counselor in his/her country;
way and in the same manner that a legitimate child and his/her 5. Has not been convicted of a crime involving moral
legitimate parents are heirs of each other turpitude;
- DAA amended Art. 190 FC 6. Is eligible to adopt under his/her national law;
- Under DAA, the adopted and his/her parents by nature may only 7. Can provide the proper care and support and give the
succeed from each other by way of testamentary succession necessary moral values and example to the child and in
• The intention of the law is to extinguish the reciprocal the proper case, to all his/her other children;
rights of succession that exist between the adopted and 8. Comes from a country:
his/her parents by nature, including the right to the a. with whom PH has diplomatic relations;
legitimate and rights arising from legal or intestate b. whose government maintains a foreign adoption
succession agency; and
c. whose laws allow adoption; and
• DAA withdrew the right of an adopter to rescind the adoption decree 9. Files jointly with his/her spouse, if any, who shall have
and gave to the adopted child the sole right to severe the legal ties the same qualifications and non of the disqualifications
created by adoption to adopt as prescribed above
- However, the adopter/s may disinherit the adoptee for causes
provided in Art. 919 of the NCC • Who may be Adopted
- Only a legally free child may be the subject of ICA who is below
• Grounds for Rescission 15 years of age
1. Repeated physical and verbal maltreatment by the adopter/s
despite having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence; or
4. Abandonment and failure to comply with parental obligations

Abesamis, Austinne Joyce D. !24

Family Code of the P hilippines (Rabuya)
TITLE VIII • Where duty to support is admitted, but in spite of demands the duty
is not complied with and the person to be supported has to resort to
SUPPORT the court for the enforcement of his right, then the person obliged to
give support must pay reasonable attorney’s fees
ART. 194 - Recoverable even in the absence of stipulation
• Support applies only to means of subsistence during life; thus
funeral expenses are not within the meaning of the word, although • Judgment in actions for support is immediately executory and cannot
the duty and the right to make arrangements for the funeral of a be stayed by an appeal
relative shall also be in accordance with the order established for
ART. 205
• Does not include and allowance for the payment of life insurance • Characteristics of Right to Support
premiums 1. Right to receive legal support, as well as any money or
property obtained under such support, cannot be levied upon
on attachment or execution for to allow attachment or
ART. 195 - ART. 196 execution of the right to support, or of what is used for
• To be entitled to support, the spouse must be the “legitimate spouse” support, would defeat the purpose which the law gives to the
recipient against want and misery;
• In legal separation, while the marriage bond is not severed, the 2. Right to receive support cannot be renounced nor can it be
obligation of the spouses to support each other ceases upon the transmitted to a third person;
finality of the decree of legal separation 3. Future support cannot be subject of a compromise; and
- In its discretion, the court may order the guilty spouse to give 4. Compensation may not even be set up against a creditor who
support to the innocent one has a claim for support due by gratuitous title

• Illegitimate descendants, whether from legitimate or illegitimate

children, are entitled to support from their grandparents ART. 206
• Payment by Stranger
• Children, whether legitimate or illegitimate, are entitled to be • “Stranger” refers to one who does not have any obligation to give
supported by their parents support to the person who received it; must not be one of those
- Even an unborn child has the right to support enumerated in Arts. 195 and 196

• With respect to brothers and sisters “not legitimately related,” the • Obligation to reimburse is one that arises from quasi-contract
right and obligation to support each other ceases “when the need for - It is necessary that support must have been given without the
support of the brother or sister, being of age, is due to a cause knowledge of the person obliged to give support
imputable to the claimant’s fault or negligence

ART. 207
ART. 197 • Payment by Third Person
• Support of spouses, their common children and legitimate children
of either spouse is chargeable to the AC of CP • The law creates a promise of reimbursement on the part of the
- If insufficient, the spouses shall be solidarily liable with their person obliged to furnish support, inspite of the deliberate disregard
separate properties of his legal and moral duty

ART. 198 ART. 208

• Since the obligation to give support between the spouses proceeds • CONTRACTUAL SUPPORT is not based on law but originates
from the marital tie, if the defendant denies the marriage between either from will or from the agreement of the parties
him and plaintiff, thus putting in issue the very status of the plaintiff, - Legal support is that which is contemplated in Arts. 195 and 196
support pendente lite may not be allowed, unless and until the - In legal support, the recipient and giver must be mutually
marriage is established as a fact obliged to give support; whereas in contractual support, they
need not be so
• Adultery is a valid defense in an action for support - In contractual support, the excess in amount beyond that
- However, mere allegation that the wife has committed adultery required for legal support shall be subject to levy on attachment
will not bar her from the right to receive support pendente lite or execution; it can be renounced or waived in contrast to legal

ART. 199 - ART. 200

• Order of liability for support

ART. 201 - ART. 202

• Any judgment granting support never becomes final and is always
subject to modification, depending upon the needs of the child and
the capabilities of the parents to give support

ART. 203 - ART. 204

Abesamis, Austinne Joyce D. !25

Family Code of the P hilippines (Rabuya)
TITLE IX • Neglect, abandonment; unemployment and immorality;
habitual drunkenness; drug addiction, maltreatment of the
PARENTAL AUTHORITY child, insanity and being sick with a communicable
Chapter 1 • Mere fact that the mother is a lesbian is not a compelling
General Provision reason
• To deprive wife of custody, the husband must clearly
ART. 209 - ART. 210 establish that her moral lapses have had an adverse effect
• Parental authority, patria potestas, is defined as the mass of rights on the welfare of the child or have distracted the offending
and obligations which parents have in relation to the person and spouse from exercising proper parental care
property of their children until their majority age or emancipation,
and even after this under certain circumstances • If older than 7 years of age, the child is allowed to state his
preference, but the court is not bound by that choice; it is not
• Exercised over unemancipated children, but in certain controlling, decisive, or determinative
circumstances, PA may still be exercised notwithstanding the
emancipation of the child, e.g. parental consent is necessary if a • Whether a child is under or over 7 years of age, the paramount
person below 21 years of age wants to get married criterion must always be the child’s interests or the welfare and well-
being of the child
• Majority commences at the age of 18 years
• Couples who are separated in fact are covered under this article
• Consequences of PA; parents may exercise the following rights
1. Right to have them in their company (custody);
2. Right to be obeyed and respected ART. 214 - ART. 215
3. Right to impose discipline on them as may required under the
circumstances; ART. 215 FC Sec. 25, Rule 130 ROC
4. Right to withhold or give consent in certain matters;
5. Right to exercise legal guardianship over property of Applicable only in criminal May be invoked in both civil
unemancipated common children; proceedings and criminal cases
6. Limited right of usufruct over child’s property
Invoked only by descendants Invoked either by descendants or
• Parental authority and responsibility are inalienable and may not be
transferred or renounced except in cases authorized by law Invoked only in criminal cases Invoked in civil or criminal
- Law authorizes waiver of PA only in cases of adoption,
against parents and grandparents cases against parents, other
guardianship and surrender to children’s home or an orphan direct ascendants, children or
institution other direct descendants

Privilege is not absolute since There appears to be no excpn

ART. 211 - ART. 212 the descendants can be
• Generally, PA is jointly exercised by father and mother, but there are compelled to testify in criminal
instances where the exercise of PA is primarily lodged in the father cases against the parents and
- Art. 14 and 78 FC; applies only when children are legitimate grandparents when their
- Illegitimate children are under the PA only of their mother testimony is indispensable in a
crime against the descendants or
• Visitation right is the right of access of a noncustodial parent to his/ by one parent against the other

• To preserve family cohesion

ART. 213
• In legal separation, the law only confers on the innocent spouse the • If the crime is committed by a parent or grandparent against the
“exercise” of PA descendant or against the other parent and the testimony of the
- The award of custody to the innocent spouse does not deprive descendant is indispensable, he can be compelled to testify
the guilty spouse of PA

• Par. 3, Art. 63 which states that “the custody of the minor children Chapter 2
shall be awarded to the innocent spouse” is subject to the provisions Substitute and Special Parental Authority
of Art. 213
- As much as possible, FC prohibits the separation of a child ART. 216
below 7 years of age from the mother even if the latter is the • See Santos, Sr. v CA, 242 SCRA 407 (1995)
guilty spouse in a legal separation case
- The mere fact that the mother is the guilty spouse in legal • Parental preference rule may not be invoked by the father of an
separation does not necessarily mean that she is not fit to be a illegitimate child in case of death, absence or unsuitability of the
parent mother since under Art. 176, an illegitimate child is not under
parental authority of the father
• TENDER-AGE PRESUMPTION - In the event that both mother and father of an illegitimate child
- GR: A mother is to be preferred in awarding custody of children die during the latter’s minority and the child is survived by his
under the age of 7 grandparents on both maternal and paternal sides, only the
- EXCPN: When the court finds cause to order otherwise; grandparents on the maternal side shall be entitled to exercise
compelling reasons substitute parental authority, if suitable

Abesamis, Austinne Joyce D. !26

Family Code of the P hilippines (Rabuya)
- While the child is already emancipated and no longer under the
• SUBSTITUTE PA may only be exercised by the persons designated PA of his parents, the parents are still liable for quasi-delict
in Art. 216 “in the case of death, absence or unsuitability” of both committed by said child if the latter is below 21
- Cannot co-exist with parents’ PA • Parents are civilly liable for the felonies committed by their minor

ART. 217 • Art. 221 FC is intended to govern the matter of parental liability for
• PA shall be entrusted in summary judicial proceedings to heads of quasi-delicts committed by children below 18; whereas, Art. 2180
children’s homes, orphanages and similar institutions duly accredited NCC governs liability of parents for quasi-delicts committed by their
by the proper government agency children who are 18 but under 21 years of age
- Under Art 2180, enforcement of liability shall be effected
against the father and, in case of his death or incapacity, the
ART. 218 - ART. 219 mother
• SPECIAL PA is granted by law to certain persons, entities or - In Art. 221, there is no such alternative
institutions in view of their special relation to children under their
supervision, instruction or custody • Whether the liability of the parents arises from quasi-delict or
- Extended by law to all authorized activities whether the same is criminal offenses committed by their minor children under their
undertaken inside or outside of the premises of the school, entity legal authority or control, or who live in their company, the nature of
or institution such liability is primary and not subsidiary
- Co-exists with parents’ PA - Parents are subsidiarily liable only if, at the time of the
commission of quasi-delict, the minor children are under special
Chapter 3
Effect of Parental Authority upon Persons of the Children
ART. 223 - ART. 224
ART. 220 - ART. 222 • Aside from personally disciplining the child, the parents or persons
• In case of legitimate children, the father and mother, being the exercising PA may also petition the court for the imposition of
natural guardians, are duty-bound and entitled to keep them in their appropriate disciplinary measures
custody and company

• In case of illegitimate child, he/she is under the sole PA of the Chapter 4

mother Effect of Parental Authority Upon the Property of the Children
- But the father is entitled to visitation rights
ART. 225 - ART. 227
• Obligation of parents to support their children is not co-terminus • While parents are considered the legal guardian of the minor’s
with the exercise of PA property, the court may, appoint a guardian of the child’s property
- While PA is permanently terminated upon child’s emancipation, other than the parents when the best interests of the child so requires
the parents’ obligation to support their children is not necessarily
terminated upon such emancipation • Things given by the parent by way of support or as necessaries, such
as clothing and the like, remain the property of the parent and do not
• Parents are the legal representatives of their minor children in court belong to the child, notwithstanding the child’s possession of them
• Parents have a limited right of usufruct over the property of their
• Parents are civilly liable for quasi-delicts of their minor children minor children
subject to the following conditions
1. Minor is living in the company of his parents
2. Minor is under their PA Chapter 5
3. Parents failed to exercise all the diligence of a good father or Suspension or Termination of Parental Authority
a family to prevent damage
ART. 228 - ART. 233
• Parental liability is anchored upon PA coupled with presumed • Authorized grounds for the appointment of guardian
parental dereliction in the discharge of the duties accompanying such 1. Death, continued absence of incapacity of the minor’s
authority parents;
2. Suspension, deprivation or termination of PA;
• Bases of parental liability for torts of a minor child is the 3. Remarriage of the minor’s surviving parent, if the latter is
relationship existing between the parents and the minor children found unsuitable to exercise PA; and
living with them and over whom, the law presumes, the parent’s 4. When the best interests of the minor so require
exercise supervision and control
• Upon appointment of the guardian, the PA of the parents is likewise
• No parental liability can be imposed upon the father of an terminated unless the same is subsequently revived by a final
illegitimate child, especially if the child is not living in his company, judgment
since under the law, the child is under the sole PA of the mother
• In the absence of judicial declaration of abandonment the PA of the
• Art. 2180 NCC refers to “minor children” who is below 21 years of parents remains unaffected

Abesamis, Austinne Joyce D. !27

Family Code of the P hilippines (Rabuya)


ART. 234 - ART. 237

• Emancipation is effected by operation of law when the child reaches
the age of 18 years



Chapter 1
Prefatory Provisions

ART. 238

Chapter 2
Separation in Fact

ART. 239 - ART. 248

Chapter 3
Incidents Involving Parental Authority

ART. 249 - ART. 252

Chapter 4
Other Matters Subject to Summary Proceedings

ART. 253



ART. 254 - ART. 257

Abesamis, Austinne Joyce D. !28

• Petitioner's motion, the trial court required the examination of the deed of sale by the
National Bureau of Investigation to determine if it was a forgery. Trial proceeded in due
time, with the presentation by the parties of their testimonial and documentary evidence.

• June 25, 1986 - Judge Alejandro C. Silapan rendered judgment in favor of the petitioners.

• Concerning the question of prescription, we find that the applicable rule is not Article
1391 of the Civil Code but Article 1410. Article 1391 provides that the action for
annulment of a contract prescribes in four years in cases where the vice consists of
intimidation, violence, undue influence, mistake, fraud or lack capacity. The deed of sale
in question does not suffer from any of these defects. The supposed vendee's signature
having been proved to be a forgery, the instrument is totally void or inexistent as
"absolutely simulated or fictitious" under Article 1409 of the Civil Code. According to
Article 1410, "the action or defense for the declaration of the inexistence of a contract
does not prescribe."

• Finally, petitioners invoke Article 1431 of the Civil Code and contend that the respondent
court erred in not declaring the private respondent and her late husband estopped from
questioning the deed of sale until after fourteen years from its execution. The inference
that Roberto Sanchez and the private respondent knew about the instrument from that
date has not been proved by the evidence of record. Moreover, we fail to see the
applicability of Article 1431, which provides that "through estoppel an admission or
representation is rendered conclusive upon the person making it and cannot be denied or
disproved as against the person relying thereon." Neither the private respondent nor her
late husband has made any admission or representation to the petitioners regarding the
subject land that they are supposed to have relied upon.

• Our own finding is that the petitioners have not proved the validity and authenticity of the
deed of sale or even the circumstances that supposedly led to its execution by the late
Roberto Sanchez. On the contrary, we are convinced from the testimonies of the
handwriting experts that his signature had been forged on the questioned document and
that he had not conveyed the subject land to the petitioners. The deed of sale being a
forgery, it was totally void or inexistent and so could be challenged at any time, the action
for its nullification being imprescriptible. The private respondent, as the widow of
Roberto Sanchez, has the capacity to sue for the recovery of the land in question and is
not estopped from doing so.


WHEREFORE, the petition is DENIED and the challenged decision is AFFIRMED, with costs
against the petitioners.