Civil Law (outline) Reviewer of Atty.
Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
5th to 9th Session
I. Voidable Marriages Art. 35-46
I. Grounds for annulment
Art. 35. The following marriages shall be void
from the beginning:
(1) Those contracted by any party below
eighteen years of age even with the consent of
parents or guardians;
(2) Those solemnized by any person not legally
authorized to perform marriages unless such
marriages were contracted with either or both
parties believing in good faith that the
solemnizing officer had the legal authority to do
so;
(3) Those solemnized without license, except
those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages
not failing under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the other;
and
(6) Those subsequent marriages that are void
under Article 53.
Art. 36. A marriage contracted by any party who,
at the time of the celebration, was
psychologically incapacitated to comply with the
essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes
manifest only after its solemnization. (As
amended by Executive Order 227)
Art. 37. Marriages between the following are
incestuous and void from the beginning, whether
relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of any
degree; and
(2) Between brothers and sisters, whether of the
full or half blood. (81a)
Art. 38. The following marriages shall be void
from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the
adopted child;
(5) Between the surviving spouse of the
adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted
child and the adopter;
(7) Between an adopted child and a legitimate
child of the adopter;
(8) Between adopted children of the same
adopter; and
(9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse. (82)
Art. 39. The action or defense for the declaration
of absolute nullity of a marriage shall not
prescribe. (As amended by Executive Order 227
and Republic Act No. 8533; The phrase
"However, in case of marriage celebrated before
the effectivity of this Code and falling under
Article 36, such action or defense shall prescribe
in ten years after this Code shall taken effect"
has been deleted by Republic Act No. 8533
[Approved February 23, 1998]).
Art. 40. The absolute nullity of a previous
marriage may be invoked for purposes of
remarriage on the basis solely of a final
judgment declaring such previous marriage void.
(n)
Art. 41. A marriage contracted by any person
during subsistence of a previous marriage shall
be null and void, unless before the celebration of
the subsequent marriage, the prior spouse had
been absent for four consecutive years and the
spouse present has a well-founded belief that
the absent spouse was already dead. In case of
disappearance where there is danger of death
under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
For the purpose of contracting the subsequent
marriage under the preceding paragraph the
spouse present must institute a summary
proceeding as provided in this Code for the
declaration of presumptive death of the
absentee, without prejudice to the effect of
reappearance of the absent spouse. (83a)
Art. 42. The subsequent marriage referred to in
the preceding Article shall be automatically
terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
is a judgment annulling the previous marriage or
declaring it void ab initio.
A sworn statement of the fact and circumstances
of reappearance shall be recorded in the civil
registry of the residence of the parties to the
subsequent marriage at the instance of any
interested person, with due notice to the
spouses of the subsequent marriage and without
prejudice to the fact of reappearance being
judicially determined in case such fact is
disputed. (n)
Art. 43. The termination of the subsequent
marriage referred to in the preceding Article
shall produce the following effects:
(1) The children of the subsequent marriage
conceived prior to its termination shall be
considered legitimate;
(2) The absolute community of property or the
conjugal partnership, as the case may be, shall
be dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her
share of the net profits of the community
property or conjugal partnership property shall
be forfeited in favor of the common children or,
if there are none, the children of the guilty
spouse by a previous marriage or in default of
children, the innocent spouse;
(3) Donations by reason of marriage shall remain
valid, except that if the donee contracted the
marriage in bad faith, such donations made to
said donee are revoked by operation of law;
(4) The innocent spouse may revoke the
designation of the other spouse who acted in
bad faith as beneficiary in any insurance policy,
even if such designation be stipulated as
irrevocable; and
(5) The spouse who contracted the subsequent
marriage in bad faith shall be disqualified to
inherit from the innocent spouse by testate and
intestate succession. (n)
Art. 44. If both spouses of the subsequent
marriage acted in bad faith, said marriage shall
be void ab initio and all donations by reason of
marriage and testamentary dispositions made by
one in favor of the other are revoked by
operation of law. (n)
Art. 45. A marriage may be annulled for any of
the following causes, existing at the time of the
marriage:
Aquino V. Delizo
(1) That the party in whose behalf it is sought to
have the marriage annulled was eighteen years
of age or over but below twenty-one, and the
marriage was solemnized without the consent of
the parents, guardian or person having
substitute parental authority over the party, in
that order, unless after attaining the age of
twenty-one, such party freely cohabited with the
other and both lived together as husband and
wife;
(2) That either party was of unsound mind,
unless such party after coming to reason, freely
cohabited with the other as husband and wife;
(3) That the consent of either party was obtained
by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud,
freely cohabited with the other as husband and
wife;
(4) That the consent of either party was obtained
by force, intimidation or undue influence, unless
the same having disappeared or ceased, such
party thereafter freely cohabited with the other
as husband and wife;
(5) That either party was physically incapable of
consummating the marriage with the other, and
such incapacity continues and appears to be
incurable; or
(6) That either party was afflicted with a
sexually-transmissible disease found to be
serious and appears to be incurable. (85a)
Art. 46. Any of the following circumstances shall
constitute fraud referred to in Number 3 of the
preceding Article:
(1) Non-disclosure of a previous conviction by
final judgment of the other party of a crime
involving moral turpitude;
(2) Concealment by the wife of the fact that at
the time of the marriage, she was pregnant by a
man other than her husband;
(3) Concealment of sexually transmissible
disease, regardless of its nature, existing at the
time of the marriage; or
(4) Concealment of drug addiction, habitual
alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
No other misrepresentation or deceit as to
character, health, rank, fortune or chastity shall
constitute such fraud as will give grounds for
action for the annulment of marriage. (86a)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Facts: Complaint for annulment. Wife was
pregnant of another man during the
marriage. No birth certificate was
presented to show that the child was
born within 180 days after the marriage
between the parties. TC dismissed the
complaint on the ground that it does not
constitute fraud. Motion for NEW TRIAL
by plaintiff annexed affidavits and
pictures of the defendants natural
plumpness at that time which shows that
the defendant does not show signs of
pregnancy at 4 months.
Held: The evidence sought to be
introduced at the new trial taken
together with what has already been
adduced would be sufficient to sustain
the fraud alleged by plantiff. The
dismissal of plaintiffs complaint was
unsustainable. Under the NCC,
concealment by the wife of the fact that
at the time of the marriage she was
pregnant with another man other than
her husband constitutes fraud and
isground for annulment of marriage. CA
should not have denied the motion
praying for new trial simplu because
defendant failed to file her answer
thereto.
Anaya V. Palaroan
Facts: Husband concealed to the wie that
he had pre-marital relationship with a
close relative.
Issue: Did this constitute fraud and
makes the marriage voidable?
Held: No, Non-disclosure of a husbands
pre-marital relationship with another
woman is not one of the enumerated
circumstances that would constitute a
ground for annulment; and it is further
excluded by the last paragraph of the
article, providing that no other
misrepresentation or deceit as to
chastity shall give ground for an action
to annul a marriage.
II. Action for annulment
Art. 47. The action for annulment of marriage must
be filed by the following persons and within the
periods indicated herein:
(1) For causes mentioned in number 1 of Article 45
by the party whose parent or guardian did not give
his or her consent, within five years after attaining
the age of twenty-one, or by the parent or guardian
or person having legal charge of the minor, at any
time before such party has reached the age of
twenty-one;
(2) For causes mentioned in number 2 of Article 45,
by the same spouse, who had no knowledge of the
other's insanity; or by any relative or guardian or
person having legal charge of the insane, at any time
before the death of either party, or by the insane
spouse during a lucid interval or after regaining
sanity;
(3) For causes mentioned in number 3 of Article 45,
by the injured party, within five years after the
discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45,
by the injured party, within five years from the time
the force, intimidation or undue influence
disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of
Article 45, by the injured party, within five years after
the marriage. (87a)
Art. 48. In all cases of annulment or declaration of
absolute nullity of marriage, the Court shall order the
prosecuting attorney or fiscal assigned to it to appear
on behalf of the State to take steps to prevent
collusion between the parties and to take care that
evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no
judgment shall be based upon a stipulation of facts or
confession of judgment. (88a)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Tolentino V. Villanueva
Facts: Petitioner refused to submit
himself for interrogation by the city fiscal
which was the reason for the dismissal of
the case for annulment of marriage.
Issue: WON it was proper?
Held: YES, Art. 88 and Art. 101 expresses
a prohibition of the aforesaid laws and
rules is predicated on the fat that the
institutions of marriage and of the family
are sacred and therefore are as much the
concern of the state as of the spouses;
because the state and public have vital
interest in the maintenance and the
preservation of these social institutions
against desecration by collusion between
the parties or by fabricating evidence. It
stresses the fact that the marriage is
more than a mere contract between the
parties.
Jocson v. Robles
The court found indications of collusion
between the parties in their attempt to
secure the nullification of the said
marriage. The court correctly denied the
motion for summary judgment based on
the first paragraph of Art. 88 and 101 of
the Civil code of the Philippines.
III. Effects of Annulment
Art. 50. The effects provided for by paragraphs (2),
(3), (4) and (5) of Article 43 and by Article 44 shall
also apply in the proper cases to marriages which are
declared ab initio or annulled by final judgment
under Articles 40 and 45.
The final judgment in such cases shall provide for the
liquidation, partition and distribution of the
properties of the spouses, the custody and support of
the common children, and the delivery of third
presumptive legitimes, unless such matters had been
adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute
community or the conjugal partnership shall be
notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on
which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and
129.
Art. 51. In said partition, the value of the
presumptive legitimes of all common children,
computed as of the date of the final judgment of the
trial court, shall be delivered in cash, property or
sound securities, unless the parties, by mutual
agreement judicially approved, had already provided
for such matters.
The children or their guardian or the trustee of their
property may ask for the enforcement of the
judgment.
The delivery of the presumptive legitimes herein
prescribed shall in no way prejudice the ultimate
successional rights of the children accruing upon the
death of either of both of the parents; but the value
of the properties already received under the decree
of annulment or absolute nullity shall be considered
as advances on their legitime. (n)
Art. 52. The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution
of the properties of the spouses and the delivery of
the children's presumptive legitimes shall be
recorded in the appropriate civil registry and
registries of property; otherwise, the same shall not
affect third persons. (n)
Art. 53. Either of the former spouses may marry again after
compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall
be null and void.
III.Conflict of Law Rules
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid
there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5)
and (6), 3637 and 38.
Van Dorn V. Romillo
Whether or not the divorce obtained in
Nevada is valid and binding in the
Philippines?
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Held: Owing to the nationality principle
embodied in At. 15 of the Civil Code, only
the Philippines nationals covered by the
policy against absolute divorces the
same being considered contrary to our
public policy and morality. Exceptions are
aliens who may obtain valid divorce.
Pursuant to his national law, private
respondent is no longer the husband of
the petitioner. He would have no
standing to sue in the case below as
petitioners husband entitles to exercise
control over conjugal assets. He is now
stopped by his own representation before
said court from asserting his right over
the alleged conjugal property.
PD 1083 (Muslim code)
Art. 13. Application. (1) The provisions of this Title
shall apply to marriage and divorce wherein both
parties are Muslims, or wherein only the male party
is a Muslim and the marriage is solemnized in
accordance with Muslim law or this Code in any part
of the Philippines.
(2) In case of marriage between a Muslim and a non-
Muslim, solemnized not in accordance with Muslim
law or this Code, the Civil Code of the Philippines
shall apply.
(3) Subject to the provisions of the preceding
paragraphs, the essential requisites and legal
impediments to marriage, divorce, paternity and
filiation, guardianship and custody of minors, support
and maintenance, claims for customary dower
(mahr), betrothal, breach of contract to marry,
solemnization and registration of marriage and
divorce, rights and obligations between husband and
wife parental authority, and the properly relations
between husband and wife shall be governed by this
Code and other applicable Muslim laws.
Art. 29. By divorcee. (1) No woman shall contract
a subsequent marriage unless she has observed an
'idda of three monthly courses counted from the date
of divorce. However, if she is pregnant at the time of
the divorce, she may remarry only after delivery.
ACT 3613 (Revised Marriage Law)
ACT NO. 3613
THE MARRIAGE LAW
SEC. 1. Essential requisites. Essential requisites for
marriage are the legal capacity of the contracting
parties and consent.
Sec. 19. Marriages performed abroad. - All marriages
performed outside of the Philippine Islands in
accordance with the laws in force in the country
where they were performed and valid there as such,
shall also be valid in these Islands.
Section 25 of the Marriage Law (Act No. 3613)
provides that marriages between Mohammedans
may be performed in accordance with the rites or
practice of their religion, but there is no provision of
law which authorizes the granting of divorces in
accordance with the rites or practices of their
religion. "marriages between Mohammedans may be
performed in accordance with the rites or practices of
their religion"
SEC. 27. Failure to comply with formal requirements.
No marriage shall be declared invalid because of the
absence of one or several of the formal requirements
of this Act if, when it was performed, the spouses or
one of them believed in good faith that the person
who solemnized the marriage was actually
empowered to do so, and that the marriage was
perfectly legal.
SEC. 29. Illegal Marriages. - Any marriage
subsequently contracted by any person during the
lifetime of the first spouse of such person with any
person other than such first spouse shall be illegal
and void from its performance, unless:
(a) The first marriage was annulled or dissolved;
(b) The first spouse had been absent for seven
consecutive years at the time of the second marriage
without the spouse present having news of the
absentee being alive, or the absentee being
generally considered as dead and believed to be so
by the spouse present at the time of contracting such
subsequent marriage, the marriage so contracted
being valid in either case until declared null and void
by a competent court.
Approved, December 4, 1929.
II.Legal Separation
Tenchavez v. Esano
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Held: Marriage was valid because lack of
ecclesiastical authorization from the
parish priest by Canon Law, is irrelevant
to our civil law.
Held: The marriage was valid and
subsisting notwithstanding the decree of
absolute divorce the wife obtained under
the state of Nevada. But the wifes
cohabitation with Leo Moran, the man
she subsequently marriage after the
divorce declaration, is technically
intercourse with a person not her
husband and entitles petitioner a decree
of legal separation under our own law on
the basis of adultery.
I. Grounds
Art. 55. A petition for legal separation may be filed
on any of the following grounds:
(1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in
such corruption or inducement;
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if
pardoned;
(5) Drug addiction or habitual alcoholism of the
respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the
petitioner; or
(10) Abandonment of petitioner by respondent
without justifiable cause for more than one year.
For purposes of this Article, the term "child" shall
include a child by nature or by adoption. (9a)
Art. 56. The petition for legal separation shall be
denied on any of the following grounds:
(1) Where the aggrieved party has condoned the
offense or act complained of;
(2) Where the aggrieved party has consented to the
commission of the offense or act complained of;
(3) Where there is connivance between the parties in
the commission of the offense or act constituting the
ground for legal separation;
(4) Where both parties have given ground for legal
separation;
(5) Where there is collusion between the parties to
obtain decree of legal separation; or
(6) Where the action is barred by prescription. (100a)
II. Limitation of Action
Art. 57. An action for legal separation shall be filed within five
years from the time of the occurrence of the cause.
People V. Sensano
The husband showed that he consented
to the adulterous relations existing
between the accused and therefore is not
authorized by law to institute the criminal
proceeding. We cannot accept the
argument that it was impossible for the
husband to take any action against the
accused during the whole 7 years. (The
husband abandoned his wife and child
and during such time she met another
man and he took her and her child to live
with him.)
Bugayong V. Ginez
The fact that the husband slept with his
wife convinces us that there was
reconciliation between them. A single
voluntary by the innocent spouse after
discovery of the offense is ordinarily
sufficient to constitute condonation,
especially as against the husband.
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Matubis v. Praxedes
The complaint for legal separation was
filed outside the period provided under
Art. 102 of the NCC. (one year) By the
very admission of the plaintiff, she found
out of the ground (concubinage) was in
January 1955 and filed a complaint only
on April 24, 1956.
Contreras V. Macaraig
Issue: When did knowledge of the ground
occur as basis for the prescription period
to start tolling? The time the wife heard
via hearsay the infidelity or the time
when the husband admitted to her that
he was living with and would no longer
leave his concubine?
Held: The latter case. The first time, the
wife was hurt but it was merely hearsay.
The only time she was cognizant of the
infidelity of her husband was in the early
part of Dec. 1963 only when defendant
informed the wife he could no longer
leave Lily Ann and refused to return to
the legitimate family.
III.Hearing
Art. 58. An action for legal separation shall in no case
be tried before six months shall have elapsed since
the filing of the petition. (103)
Art. 59. No legal separation may be decreed unless
the Court has taken steps toward the reconciliation of
the spouses and is fully satisfied, despite such
efforts, that reconciliation is highly improbable. (n)
Art. 60. No decree of legal separation shall be based
upon a stipulation of facts or a confession of
judgment.
Ramos V. Vamenta
The 6 month period stated in Art. 103 of
the Civil Code that bars the proceedings
for legal separation does not bar the
ancillary writ for preliminary injunction.
Araneta V. Concepcion
Evidence can still be presented and trial
be had on the question of support
pendente lite and custody for children
notwithstanding that 6 months have not
yet elapsed since the filing of the case
for legal separation.
I. Rights and obligations of the
parties
Art. 61. After the filing of the petition for legal
separation, the spouses shall be entitled to live
separately from each other.
The court, in the absence of a written agreement
between the spouses, shall designate either of them
or a third person to administer the absolute
community or conjugal partnership property. The
administrator appointed by the court shall have the
same powers and duties as those of a guardian under
the Rules of Court. (104a)
Art. 62. During the pendency of the action for legal
separation, the provisions of Article 49 shall likewise
apply to the support of the spouses and the custody
and support of the common children.
Reyes V. Ines-Luciano
It is true the adultery is defense against
support penedente lite but must be
established by competent evidence
which the petitioner failed to present any
evidence. The complaint for legal
separation contains allegations showing
that at least two occasion the defendant,
petitioner, has made attempts to kill
private respondent.
II. Effect of Death of a spouse
Lapuz V. Eufemio Sy-uy
Legal separation is purely personal and it
follows that the death of one party to the
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
action causes the death of the action
relief-actio personalis moritur cum
persona.
Other rights that are personal:
1) Right to dissolution of the conjugal
partnership of gains or of (ACP);
2) Loss of the right of the offending
party spouse to share of the profits
earned by the partnership or
community;
3) Disqualification to inherit by
intestacy from the innocent spouse
4) Revocation of testamentary
provisions in favor of the offending
spouse made by the innocent one.
They are vested exclusively in the prsons
of the spouses and such claims and
disabilities are difficult to concelive as
assignable and transmissible.
Macadangdang V. CA
The death of a spouse after a final decree
of legal separation has no legal effect on
the legal separation.
Dicdican: Definition of Net Profits (Art.
102 par 4) second sentence.
III.Decree of Legal Separation
I. Effects
Art. 63. The decree of legal separation shall have the
following effects:
(1) The spouses shall be entitled to live separately
from each other, but the marriage bonds shall not be
severed;
(2) The absolute community or the conjugal
partnership shall be dissolved and liquidated but the
offending spouse shall have no right to any share of
the net profits earned by the absolute community or
the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be
awarded to the innocent spouse, subject to the
provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent
spouse shall be revoked by operation of law. (106a)
Art. 64. After the finality of the decree of legal
separation, the innocent spouse may revoke the
donations made by him or by her in favor of the
offending spouse, as well as the designation of the
latter as beneficiary in any insurance policy, even if
such designation be stipulated as irrevocable. The
revocation of the donations shall be recorded in the
registries of property in the places where the
properties are located. Alienations, liens and
encumbrances registered in good faith before the
recording of the complaint for revocation in the
registries of property shall be respected. The
revocation of or change in the designation of the
insurance beneficiary shall take effect upon written
notification thereof to the insured.
The action to revoke the donation under this Article must be
brought within five years from the time the decree of legal
separation become final. (107a)
II. Reconciliation
Art. 65. If the spouses should reconcile, a
corresponding joint manifestation under oath duly
signed by them shall be filed with the court in the
same proceeding for legal separation. (n)
Art. 66. The reconciliation referred to in the
preceding Articles shall have the following
consequences:
(1) The legal separation proceedings, if still pending,
shall thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set
aside, but the separation of property and any
forfeiture of the share of the guilty spouse already
effected shall subsist, unless the spouses agree to
revive their former property regime.
The court's order containing the foregoing shall be
recorded in the proper civil registries. (108a)
Art. 67. The agreement to revive the former property
regime referred to in the preceding Article shall be
executed under oath and shall specify:
(1) The properties to be contributed anew to the
restored regime;
(2) Those to be retained as separated properties of
each spouse; and
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

(3) The names of all their known creditors, their

addresses and the amounts owing to each.
The agreement of revival and the motion for its
approval shall be filed with the court in the same
proceeding for legal separation, with copies of both
furnished to the creditors named therein. After due
hearing, the court shall, in its order, take measure to
protect the interest of creditors and such order shall
be recorded in the proper registries of properties.
The recording of the ordering in the registries of property shall
not prejudice any creditor not listed or not notified, unless the
debtor-spouse has sufficient separate properties to satisfy the
creditor's claim.
III. Rs and Os between spouses
In General
Art. 68. The husband and wife are obliged to live
together, observe mutual love, respect and fidelity,
and render mutual help and support. (109a)
Art. 69. The husband and wife shall fix the family
domicile. In case of disagreement, the court shall
decide.
(1) The objection is proper; and
(2) Benefit has occurred to the family prior to the
objection or thereafter. If the benefit accrued prior to
the objection, the resulting obligation shall be
enforced against the separate property of the spouse
who has not obtained consent.
The foregoing provisions shall not prejudice the rights of
creditors who acted in good faith. (117a)
Obligation to live together
Arroyo V. Vasquez
The wife cannot be compelled to return
to the matrimonial home and live with
her husband. The court in this case said
the only remedy of the husband is to
refuse to grant support for the
unjustifiable abandonment.

The court may exempt one spouse from living with Atilano V. Chua Ching Beng
the other if the latter should live abroad or there are The option in Art. 299. Which states,
other valid and compelling reasons for the
exemption. However, such exemption shall not apply
The person obliged to give support may,
if the same is not compatible with the solidarity of at his option, fulfill his obligation either
the family. (110a)
by paying the allowance fixed, or by
Art. 70. The spouses are jointly responsible for the
receiving and maintaining in his house
support of the family. The expenses for such support
and other conjugal obligations shall be paid from the the person who has a right to receive
community property and, in the absence thereof,
support. The latter alternative cannot be
from the income or fruits of their separate properties.
In case of insufficiency or absence of said income or availed of in case there is a moral or
fruits, such obligations shall be satisfied from the
separate properties. (111a)
legal obstacle thereto. Clearly provides
for only one occasion when the second
Art. 71. The management of the household shall be
the right and the duty of both spouses. The expenses alternative could be availed of when
for such management shall be paid in accordance there is moral or legal obstacle thereto.
with the provisions of Article 70. (115a)
The moral and legal obstacle in this case
Art. 72. When one of the spouses neglects his or her
duties to the conjugal union or commits acts which
were the in-laws which are third persons
tend to bring danger, dishonor or injury to the other to the marriage. Hence, the SC gave the
or to the family, the aggrieved party may apply to
the court for relief. (116a)
husband the option to support his wife at
their conjugal dwelling apart from the
Art. 73. Either spouse may exercise any legitimate
profession, occupation, business or activity without parents of the husband and if wife should
the consent of the other. The latter may object only refuse to abide by the terms of this
on valid, serious, and moral grounds.
decision, the husband is relieves from the
In case of disagreement, the court shall decide
whether or not:
obligation to support his wife.
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
XII. Property Relations between Spouses
In General
Art. 74. The property relationship between husband
and wife shall be governed in the following order:
(1) By marriage settlements executed before the
marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
Art. 75. The future spouses may, in the marriage
settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete
separation of property, or any other regime. In the
absence of a marriage settlement, or when the
regime agreed upon is void, the system of absolute
community of property as established in this Code
shall govern. (119a)
Art. 76. In order that any modification in the
marriage settlements may be valid, it must be made
before the celebration of the marriage, subject to the
provisions of Articles 66, 67, 128, 135 and 136. (121)
Art. 77. The marriage settlements and any
modification thereof shall be in writing, signed by the
parties and executed before the celebration of the
marriage. They shall not prejudice third persons
unless they are registered in the local civil registry
where the marriage contract is recorded as well as in
the proper registries of properties. (122a)
Art. 78. A minor who according to law may contract
marriage may also execute his or her marriage
settlements, but they shall be valid only if the
persons designated in Article 14 to give consent to
the marriage are made parties to the agreement,
subject to the provisions of Title IX of this Code.
(120a)
Art. 79. For the validity of any marriage settlement
executed by a person upon whom a sentence of civil
interdiction has been pronounced or who is subject to
any other disability, it shall be indispensable for the
guardian appointed by a competent court to be made
a party thereto. (123a)
Art. 80. In the absence of a contrary stipulation in a
marriage settlement, the property relations of the
spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the
marriage and their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines and
executed in the country where the property is
located; and
(3) With respect to the extrinsic validity of contracts
entered into in the Philippines but affecting property
situated in a foreign country whose laws require
different formalities for its extrinsic validity. (124a)
Art. 81. Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration of a future marriage, including
donations between the prospective spouses made
therein, shall be rendered void if the marriage does
not take place. However, stipulations that do not
depend upon the celebration of the marriages shall be
valid.
Capacity to Execute Marriage Settlement-
ART. 78-79
Formalities-ART.76-77
Conflicts of Law Rule-Art. 80
Effect of marriage not taking place-Art.
81
Donations Propter Nuptias
Art. 82. Donations by reason of marriage are those
which are made before its celebration, in
consideration of the same, and in favor of one or
both of the future spouses.
Nature
Serrano V. Solomon
This was not a valid donation propter
nuptias because the donation was being
made not in favor of alejandria, the wife,
but rather in favor of those whoc acted
as her parents and raised her from
girlhood to womanhood in the absence of
her father. The suspensive condition here
was that the marriage would have to be
childless and one of the spouses would
have to die before the other so that the
donation would operate. Also, the
donation did not fulfill the requirements
as it was never accepted by the done
either in the same instrument or
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
donation or in a separate document as
required by law.
Form
Art. 83. These donations are governed by the rules
on ordinary donations established in Title III of Book
III of the Civil Code, insofar as they are not modified
by the following articles. (127a)
Art. 84. If the future spouses agree upon a regime
other than the absolute community of property, they
cannot donate to each other in their marriage
settlements more than one-fifth of their present
property. Any excess shall be considered void. (FCP)
Art. 748. The donation of a movable may be made
orally or in writing.
An oral donation requires the simultaneous delivery
of the thing or of the document representing the
right donated.
If the value of the personal property donated exceeds five
thousand pesos, the donation and the acceptance shall be
made in writing, otherwise, the donation shall be void. (NCC)
Distinguished from Donations inter vivos
Consideration and Donee
Art. 87. Every donation or grant of gratuitous
advantage, direct or indirect, between the spouses
during the marriage shall be void, except moderate
gifts which the spouses may give each other on the
occasion of any family rejoicing. The prohibition shall
also apply to persons living together as husband and
wife without a valid marriage.
Sumbad V. CA
GR: Donation before marriage when they
were in a common-law relationship was
void as the prohibition extended to
common-law relationship but since they
were not able to prove the common law
relationship then the donation was valid.
Matabuena V. Cervantes
(Same ruling as Sumbad that the
prohibition of donation of the brother to
his common-law wife was not valid as
Art, 87 extends to common-law
relationship)
Revocation
Art. 86. A donation by reason of marriage may be
revoked by the donor in the following cases:
(1) If the marriage is not celebrated or judicially
declared void ab initio except donations made in the
marriage settlements, which shall be governed by
Article 81;
(2) When the marriage takes place without the
consent of the parents or guardian, as required by
law;
(3) When the marriage is annulled, and the donee
acted in bad faith;
(4) Upon legal separation, the donee being the guilty
spouse;
(5) If it is with a resolutory condition and the
condition is complied with;
(6) When the donee has committed an act of ingratitude as
specified by the provisions of the Civil Code on donations in
general.(FCP)
Art. 760. Every donation inter vivos, made by a
person having no children or descendants, legitimate
or legitimated by subsequent marriage, or
illegitimate, may be revoked or reduced as provided
in the next article, by the happening of any of these
events:
(1) If the donor, after the donation, should have
legitimate or legitimated or illegitimate children,
even though they be posthumous;
(2) If the child of the donor, whom the latter believed
to be dead when he made the donation, should turn
out to be living;
(3) If the donor subsequently adopt a minor child.
Art. 766. Although the donation is revoked on
account of ingratitude, nevertheless, the alienations
and mortgages effected before the notation of the
complaint for revocation in the Registry of Property
shall subsist.
Later ones shall be void. (NCC)
Solis V. Barroso
Donation proper nuptias here was not
valid because it was made in a private
instrument. This donation must be
governed by the rules on Donation. Real
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Property may be valid, it must be made
in the public instrument. (Formal Validity)
The only exceptions to this rule are
onerous and remuneratory donations,
insofar as they do not exceed the value
of the charge imposed, which are then
governed by the rules on contracts, and
those which are to take effect upon the
donors death, which are governed by the
rules established for testamentary
succession.
Marriage in DPN is rather a resolutory
condition which presupposes the
existence of the obligation which may be
resolved or revoked, and it is not a
condition necessary for the birth of the
obligation.
Extent of property Donated
Art. 84. If the future spouses agree upon a regime
other than the absolute community of property, they
cannot donate to each other in their marriage
settlements more than one-fifth of their present
property. Any excess shall be considered void.
Donations of future property shall be governed by
the provisions on testamentary succession and the
formalities of wills.(FCP)
Art. 750. The donations may comprehend all the
present property of the donor, or part thereof,
provided he reserves, in full ownership or in usufruct,
sufficient means for the support of himself, and of all
relatives who, at the time of the acceptance of the
donation, are by law entitled to be supported by the
donor. Without such reservation, the donation shall
be reduced in petition of any person affected. (634a)
Art. 751. Donations cannot comprehend future
property.
By future property is understood anything which the
donor cannot dispose of at the time of the donation.
(635)
Art. 752. The provisions of Article 750
notwithstanding, no person may give or receive, by
way of donation, more than he may give or receive
by will.
The donation shall be inofficious in all that it may
exceed this limitation
Art. 1070. Wedding gifts by parents and ascendants
consisting of jewelry, clothing, and outfit, shall not be
reduced as inofficious except insofar as they may
exceed one-tenth of the sum which is disposable by
will. .(NCC)
Mateo V. Lagua
Before there could be any conclusion
about the legal share due to a
compulsory heir may be reached, it is
necessary that certain steps should be
taken first.
The CA should follow Art. 908 to
determine the legitime before reducing
the donation for being inofficious.
ABSOLUTE COMMUNITY
Chapter 3. System of Absolute Community
Section 1. General Provisions
Art. 88. The absolute community of property between
spouses shall commence at the precise moment that
the marriage is celebrated. Any stipulation, express
or implied, for the commencement of the community
regime at any other time shall be void. (145a)
Art. 89. No waiver of rights, shares and effects of the
absolute community of property during the marriage
can be made except in case of judicial separation of
property.
When the waiver takes place upon a judicial
separation of property, or after the marriage has
been dissolved or annulled, the same shall appear in
a public instrument and shall be recorded as
provided in Article 77. The creditors of the spouse
who made such waiver may petition the court to
rescind the waiver to the extent of the amount
sufficient to cover the amount of their credits. (146a)
Art. 90. The provisions on co-ownership shall apply to
the absolute community of property between the
spouses in all matters not provided for in this
Chapter. (n)
Section 2. What Constitutes Community Property
Art. 91. Unless otherwise provided in this Chapter or
in the marriage settlements, the community property
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
shall consist of all the property owned by the spouses
at the time of the celebration of the marriage or
acquired thereafter. (197a)
Art. 92. The following shall be excluded from the
community property:
(1) Property acquired during the marriage by
gratuitous title by either spouse, and the fruits as
well as the income thereof, if any, unless it is
expressly provided by the donor, testator or grantor
that they shall form part of the community property;
(2) Property for personal and exclusive use of either
spouse. However, jewelry shall form part of the
community property;
(3) Property acquired before the marriage by either
spouse who has legitimate descendants by a former
marriage, and the fruits as well as the income, if any,
of such property. (201a)
Art. 93. Property acquired during the marriage is
presumed to belong to the community, unless it is
proved that it is one of those excluded therefrom.
(160) chan robles virtual law library
Section 3. Charges and Obligations of the Absolute
Community
Art. 94. The absolute community of property shall be
liable for:
(1) The support of the spouses, their common
children, and legitimate children of either spouse;
however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;
(2) All debts and obligations contracted during the
marriage by the designated administrator-spouse for
the benefit of the community, or by both spouses, or
by one spouse with the consent of the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to the extent
that the family may have been benefited;
(4) All taxes, liens, charges and expenses, including
major or minor repairs, upon the community
property;
(5) All taxes and expenses for mere preservation
made during marriage upon the separate property of
either spouse used by the family;
(6) Expenses to enable either spouse to commence
or complete a professional or vocational course, or
other activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as
they have redounded to the benefit of the family;
(8) The value of what is donated or promised by both
spouses in favor of their common legitimate children
for the exclusive purpose of commencing or
completing a professional or vocational course or
other activity for self-improvement;
(9) Ante-nuptial debts of either spouse other than
those falling under paragraph (7) of this Article, the
support of illegitimate children of either spouse, and
liabilities incurred by either spouse by reason of a
crime or a quasi-delict, in case of absence or
insufficiency of the exclusive property of the debtor-
spouse, the payment of which shall be considered as
advances to be deducted from the share of the
debtor-spouse upon liquidation of the community;
and
(10) Expenses of litigation between the spouses
unless the suit is found to be groundless.
If the community property is insufficient to cover the
foregoing liabilities, except those falling under
paragraph (9), the spouses shall be solidarily liable
for the unpaid balance with their separate properties.
(161a, 162a, 163a, 202a-205a)
Art. 95. Whatever may be lost during the marriage in
any game of chance, betting, sweepstakes, or any
other kind of gambling, whether permitted or
prohibited by law, shall be borne by the loser and
shall not be charged to the community but any
winnings therefrom shall form part of the community
property. (164a)
Section 4. Ownership, Administrative,
Enjoyment and Disposition of the Community
Property
Art. 96. The administration and enjoyment of the
community property shall belong to both spouses
jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court
by the wife for proper remedy, which must be availed
of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the administration
of the common properties, the other spouse may
assume sole powers of administration. These powers
do not include disposition or encumbrance without
authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed as
a continuing offer on the part of the consenting
spouse and the third person, and may be perfected
as a binding contract upon the acceptance by the
other spouse or authorization by the court before the
offer is withdrawn by either or both offerors. (206a)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Art. 97. Either spouse may dispose by will of his or
her interest in the community property. (n)
Art. 98. Neither spouse may donate any community
property without the consent of the other. However,
either spouse may, without the consent of the other,
make moderate donations from the community
property for charity or on occasions of family
rejoicing or family distress. (n)
Section 5. Dissolution of Absolute Community Regime
Art. 99. The absolute community terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void;
or
(4) In case of judicial separation of property during
the marriage under Articles 134 to 138. (175a)
Art. 100. The separation in fact between husband
and wife shall not affect the regime of absolute
community except that:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient community property,
the separate property of both spouses shall be
solidarily liable for the support of the family. The
spouse present shall, upon proper petition in a
summary proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share. (178a)
Art. 101. If a spouse without just cause abandons the
other or fails to comply with his or her obligations to
the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of
property or for authority to be the sole administrator
of the absolute community, subject to such
precautionary conditions as the court may impose.
The obligations to the family mentioned in the
preceding paragraph refer to marital, parental or
property relations.
A spouse is deemed to have abandoned the other
when her or she has left the conjugal dwelling
without intention of returning. The spouse who has
left the conjugal dwelling for a period of three
months or has failed within the same period to give
any information as to his or her whereabouts shall be
prima facie presumed to have no intention of
returning to the conjugal dwelling. (178a)
Section 6. Liquidation of the Absolute Community
Assets and Liabilities
Art. 102. Upon dissolution of the absolute community
regime, the following procedure shall apply:
(1) An inventory shall be prepared, listing separately
all the properties of the absolute community and the
exclusive properties of each spouse.
(2) The debts and obligations of the absolute
community shall be paid out of its assets. In case of
insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their
separate properties in accordance with the provisions
of the second paragraph of Article 94.
(3) Whatever remains of the exclusive properties of
the spouses shall thereafter be delivered to each of
them.
(4) The net remainder of the properties of the
absolute community shall constitute its net assets,
which shall be divided equally between husband and
wife, unless a different proportion or division was
agreed upon in the marriage settlements, or unless
there has been a voluntary waiver of such share
provided in this Code. For purpose of computing the
net profits subject to forfeiture in accordance with
Articles 43, No. (2) and 63, No. (2), the said profits
shall be the increase in value between the market
value of the community property at the time of the
celebration of the marriage and the market value at
the time of its dissolution.
(5) The presumptive legitimes of the common
children shall be delivered upon partition, in
accordance with Article 51.
(6) Unless otherwise agreed upon by the parties, in
the partition of the properties, the conjugal dwelling
and the lot on which it is situated shall be
adjudicated to the spouse with whom the majority of
the common children choose to remain. Children
below the age of seven years are deemed to have
chosen the mother, unless the court has decided
otherwise. In case there in no such majority, the
court shall decide, taking into consideration the best
interests of said children. (n)
Art. 103. Upon the termination of the marriage by
death, the community property shall be liquidated in
the same proceeding for the settlement of the estate
of the deceased.
If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the community
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
property either judicially or extra-judicially within six
months from the death of the deceased spouse. If
upon the lapse of the six months period, no
liquidation is made, any disposition or encumbrance
involving the community property of the terminated
marriage shall be void.
Should the surviving spouse contract a subsequent
marriage without compliance with the foregoing
requirements, a mandatory regime of complete
separation of property shall govern the property
relations of the subsequent marriage. (n)
Art. 104. Whenever the liquidation of the community
properties of two or more marriages contracted by
the same person before the effectivity of this Code is
carried out simultaneously, the respective capital,
fruits and income of each community shall be
determined upon such proof as may be considered
according to the rules of evidence. In case of doubt
as to which community the existing properties
belong, the same shall be divided between the
different communities in proportion to the capital and
duration of each. (189a) (FCP)
Conjugal Partnership of Gains
Chapter 4. Conjugal Partnership of Gains
Section 1. General Provisions
Art. 105. In case the future spouses agree in the
marriage settlements that the regime of conjugal
partnership gains shall govern their property
relations during marriage, the provisions in this
Chapter shall be of supplementary application.
The provisions of this Chapter shall also apply to
conjugal partnerships of gains already established
between spouses before the effectivity of this Code,
without prejudice to vested rights already acquired in
accordance with the Civil Code or other laws, as
provided in Article 256. (n)
Art. 106. Under the regime of conjugal partnership of
gains, the husband and wife place in a common fund
the proceeds, products, fruits and income from their
separate properties and those acquired by either or
both spouses through their efforts or by chance, and,
upon dissolution of the marriage or of the
partnership, the net gains or benefits obtained by
either or both spouses shall be divided equally
between them, unless otherwise agreed in the
marriage settlements. (142a)
Art. 107. The rules provided in Articles 88 and 89
shall also apply to conjugal partnership of gains. (n)
Art. 108. The conjugal partnership shall be governed
by the rules on the contract of partnership in all that
is not in conflict with what is expressly determined in
this Chapter or by the spouses in their marriage
settlements. (147a)
Section 2. Exclusive Property of Each Spouse
Art. 109. The following shall be the exclusive
property of each spouse:
(1) That which is brought to the marriage as his or
her own;
(2) That which each acquires during the marriage by
gratuitous title;
(3) That which is acquired by right of redemption, by
barter or by exchange with property belonging to
only one of the spouses; and
(4) That which is purchased with exclusive money of
the wife or of the husband. (148a)
Art. 110. The spouses retain the ownership,
possession, administration and enjoyment of their
exclusive properties.
Either spouse may, during the marriage, transfer the
administration of his or her exclusive property to the
other by means of a public instrument, which shall be
recorded in the registry of property of the place the
property is located. (137a, 168a, 169a)
Art. 111. A spouse of age may mortgage, encumber,
alienate or otherwise dispose of his or her exclusive
property, without the consent of the other spouse,
and appear alone in court to litigate with regard to
the same. (n)
Art. 112. The alienation of any exclusive property of a
spouse administered by the other automatically
terminates the administration over such property and
the proceeds of the alienation shall be turned over to
the owner-spouse. (n)
Art. 113. Property donated or left by will to the
spouses, jointly and with designation of determinate
shares, shall pertain to the donee-spouses as his or
her own exclusive property, and in the absence of
designation, share and share alike, without prejudice
to the right of accretion when proper. (150a)
Art. 114. If the donations are onerous, the amount of
the charges shall be borne by the exclusive property
of the donee spouse, whenever they have been
advanced by the conjugal partnership of gains.
(151a)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Art. 115. Retirement benefits, pensions, annuities,
gratuities, usufructs and similar benefits shall be
governed by the rules on gratuitous or onerous
acquisitions as may be proper in each case. (n)
Section 3. Conjugal Partnership Property
Art. 116. All property acquired during the marriage,
whether the acquisition appears to have been made,
contracted or registered in the name of one or both
spouses, is presumed to be conjugal unless the
contrary is proved. (160a)
Art. 117. The following are conjugal partnership
properties:
(1) Those acquired by onerous title during the
marriage at the expense of the common fund,
whether the acquisition be for the partnership, or for
only one of the spouses;
(2) Those obtained from the labor, industry, work or
profession of either or both of the spouses;
(3) The fruits, natural, industrial, or civil, due or
received during the marriage from the common
property, as well as the net fruits from the exclusive
property of each spouse;
(4) The share of either spouse in the hidden treasure
which the law awards to the finder or owner of the
property where the treasure is found;
(5) Those acquired through occupation such as
fishing or hunting;
(6) Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as
winnings from gambling or betting. However, losses
therefrom shall be borne exclusively by the loser-
spouse. (153a, 154a, 155, 159)
Art. 118. Property bought on installments paid partly
from exclusive funds of either or both spouses and
partly from conjugal funds belongs to the buyer or
buyers if full ownership was vested before the
marriage and to the conjugal partnership if such
ownership was vested during the marriage. In either
case, any amount advanced by the partnership or by
either or both spouses shall be reimbursed by the
owner or owners upon liquidation of the partnership.
(n)
Art. 119. Whenever an amount or credit payable
within a period of time belongs to one of the
spouses, the sums which may be collected during the
marriage in partial payments or by installments on
the principal shall be the exclusive property of the
spouse. However, interests falling due during the
marriage on the principal shall belong to the conjugal
partnership. (156a, 157a)
Art. 120. The ownership of improvements, whether
for utility or adornment, made on the separate
property of the spouses at the expense of the
partnership or through the acts or efforts of either or
both spouses shall pertain to the conjugal
partnership, or to the original owner-spouse, subject
to the following rules:
When the cost of the improvement made by the
conjugal partnership and any resulting increase in
value are more than the value of the property at the
time of the improvement, the entire property of one
of the spouses shall belong to the conjugal
partnership, subject to reimbursement of the value of
the property of the owner-spouse at the time of the
improvement; otherwise, said property shall be
retained in ownership by the owner-spouse, likewise
subject to reimbursement of the cost of the
improvement.
In either case, the ownership of the entire property
shall be vested upon the reimbursement, which shall
be made at the time of the liquidation of the conjugal
partnership. (158a)
Section 4. Charges Upon and Obligations of
the Conjugal Partnership
Art. 121. The conjugal partnership shall be liable for:
(1) The support of the spouse, their common
children, and the legitimate children of either spouse;
however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;
(2) All debts and obligations contracted during the
marriage by the designated administrator-spouse for
the benefit of the conjugal partnership of gains, or by
both spouses or by one of them with the consent of
the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to the extent
that the family may have benefited;
(4) All taxes, liens, charges, and expenses, including
major or minor repairs upon the conjugal partnership
property;
(5) All taxes and expenses for mere preservation
made during the marriage upon the separate
property of either spouse;
(6) Expenses to enable either spouse to commence
or complete a professional, vocational, or other
activity for self-improvement;
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
(7) Ante-nuptial debts of either spouse insofar as
they have redounded to the benefit of the family;
(8) The value of what is donated or promised by both
spouses in favor of their common legitimate children
for the exclusive purpose of commencing or
completing a professional or vocational course or
other activity for self-improvement; and
(9) Expenses of litigation between the spouses unless
the suit is found to groundless.
If the conjugal partnership is insufficient to cover the
foregoing liabilities, the spouses shall be solidarily
liable for the unpaid balance with their separate
properties. (161a)
Art. 122. The payment of personal debts contracted
by the husband or the wife before or during the
marriage shall not be charged to the conjugal
properties partnership except insofar as they
redounded to the benefit of the family.
Neither shall the fines and pecuniary indemnities
imposed upon them be charged to the partnership.
However, the payment of personal debts contracted
by either spouse before the marriage, that of fines
and indemnities imposed upon them, as well as the
support of illegitimate children of either spouse, may
be enforced against the partnership assets after the
responsibilities enumerated in the preceding Article
have been covered, if the spouse who is bound
should have no exclusive property or if it should be
insufficient; but at the time of the liquidation of the
partnership, such spouse shall be charged for what
has been paid for the purpose above-mentioned.
(163a)
Art. 123. Whatever may be lost during the marriage
in any game of chance or in betting, sweepstakes, or
any other kind of gambling whether permitted or
prohibited by law, shall be borne by the loser and
shall not be charged to the conjugal partnership but
any winnings therefrom shall form part of the
conjugal partnership property. (164a)
Section 5. Administration of the
Conjugal Partnership Property
Art. 124. The administration and enjoyment of the
conjugal partnership shall belong to both spouses
jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court
by the wife for proper remedy, which must be availed
of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the administration
of the conjugal properties, the other spouse may
assume sole powers of administration. These powers
do not include disposition or encumbrance without
authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed as
a continuing offer on the part of the consenting
spouse and the third person, and may be perfected
as a binding contract upon the acceptance by the
other spouse or authorization by the court before the
offer is withdrawn by either or both offerors. (165a)
Art. 125. Neither spouse may donate any conjugal
partnership property without the consent of the
other. However, either spouse may, without the
consent of the other, make moderate donations from
the conjugal partnership property for charity or on
occasions of family rejoicing or family distress.
(174a)
Section 6. Dissolution of Conjugal Partnership Regime
Art. 126. The conjugal partnership terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void;
or
(4) In case of judicial separation of property during
the marriage under Articles 134 to 138. (175a)
Art. 127. The separation in fact between husband
and wife shall not affect the regime of conjugal
partnership, except that:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient conjugal partnership
property, the separate property of both spouses shall
be solidarily liable for the support of the family. The
spouse present shall, upon petition in a summary
proceeding, be given judicial authority to administer
or encumber any specific separate property of the
other spouse and use the fruits or proceeds thereof
to satisfy the latter's share. (178a)
Art. 128. If a spouse without just cause abandons the
other or fails to comply with his or her obligation to
the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of
property, or for authority to be the sole administrator
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
of the conjugal partnership property, subject to such
precautionary conditions as the court may impose.
The obligations to the family mentioned in the
preceding paragraph refer to marital, parental or
property relations.
A spouse is deemed to have abandoned the other
when he or she has left the conjugal dwelling without
intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has
failed within the same period to give any information
as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the
conjugal dwelling. (167a, 191a)
Section 7. Liquidation of the
Conjugal Partnership Assets and Liabilities
Art. 129. Upon the dissolution of the conjugal
partnership regime, the following procedure shall
apply:
(1) An inventory shall be prepared, listing separately
all the properties of the conjugal partnership and the
exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in
payment of personal debts and obligations of either
spouse shall be credited to the conjugal partnership
as an asset thereof.
(3) Each spouse shall be reimbursed for the use of
his or her exclusive funds in the acquisition of
property or for the value of his or her exclusive
property, the ownership of which has been vested by
law in the conjugal partnership.
(4) The debts and obligations of the conjugal
partnership shall be paid out of the conjugal assets.
In case of insufficiency of said assets, the spouses
shall be solidarily liable for the unpaid balance with
their separate properties, in accordance with the
provisions of paragraph (2) of Article 121.
(5) Whatever remains of the exclusive properties of
the spouses shall thereafter be delivered to each of
them.
(6) Unless the owner had been indemnified from
whatever source, the loss or deterioration of
movables used for the benefit of the family,
belonging to either spouse, even due to fortuitous
event, shall be paid to said spouse from the conjugal
funds, if any.
(7) The net remainder of the conjugal partnership
properties shall constitute the profits, which shall be
divided equally between husband and wife, unless a
different proportion or division was agreed upon in
the marriage settlements or unless there has been a
voluntary waiver or forfeiture of such share as
provided in this Code.
(8) The presumptive legitimes of the common
children shall be delivered upon the partition in
accordance with Article 51.
(9) In the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall,
unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of
the common children choose to remain. Children
below the age of seven years are deemed to have
chosen the mother, unless the court has decided
otherwise. In case there is no such majority, the
court shall decide, taking into consideration the best
interests of said children. (181a, 182a, 183a, 184a,
185a)
Art. 130. Upon the termination of the marriage by
death, the conjugal partnership property shall be
liquidated in the same proceeding for the settlement
of the estate of the deceased.
If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the conjugal
partnership property either judicially or extra-
judicially within six months from the death of the
deceased spouse. If upon the lapse of the six-month
period no liquidation is made, any disposition or
encumbrance involving the conjugal partnership
property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent
marriage without compliance with the foregoing
requirements, a mandatory regime of complete
separation of property shall govern the property
relations of the subsequent marriage. (n)
Art. 131. Whenever the liquidation of the conjugal
partnership properties of two or more marriages
contracted by the same person before the effectivity
of this Code is carried out simultaneously, the
respective capital, fruits and income of each
partnership shall be determined upon such proof as
may be considered according to the rules of
evidence. In case of doubt as to which partnership
the existing properties belong, the same shall be
divided between the different partnerships in
proportion to the capital and duration of each. (189a)
Art. 132. The Rules of Court on the administration of
estates of deceased persons shall be observed in the
appraisal and sale of property of the conjugal
partnership, and other matters which are not
expressly determined in this Chapter. (187a)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Art. 133. From the common mass of property support shall be
given to the surviving spouse and to the children during the
liquidation of the inventoried property and until what belongs
to them is delivered; but from this shall be deducted that
amount received for support which exceeds the fruits or rents
pertaining to them. (188a)
Exclusive Properties of Each Spouse (Art
109-115 of the FCP)
Plata V. Yatco
Judgment in eviction suit cannot be held
against the wife being not lawful against
her as she was not made party defendant
to the said suit. The property was
paraphernal in origin being that she sold
the property and bought it back seven
months later. The fact that Begoso
signed as co-mortgagor of a subsequent
mortgage made by Plata of the propert
does not convert the property into
conjugal. The property was paraphernal
and the creditors and purchasers knew
this so the judgment bound the husband
alone and not the wifes possession of
her paraphernal property which by law
she hold and administers independently,
and which she may even encumber
without her husbands knowledge and
consent.
Property Acquired by right of redemption
or exchange with exclusive property of
spouse
Rosete v. Prob. Sheriff
The property is now the exclusive
property of the wife by virtue of the right
of redemption as successor in interest of
her husband. It has ceased to be the
property of the judgment debtor. It can
no longer therefore be the subject of
execution under a judgment exclusively
affective the personal liability of the
latter.
Conjugal Property-Arts. 116-117
Castillo v. Pasco
Held: The property was partly conjugal
and partly paraphernal. Under Spanish
CC, determining ownership of properties
acquired by onerous consideration during
the marriage depends on source of funds
used for acquisition. a. Separate if
bought w/exclusive money. (Spanish CC
Art. 1396) b. Conjugal if bought
w/common funds whether for partnership
or for one spouse only. (Spanish CC Art.
1401) Last phrase is immaterial since its
been proven that prop was sold to both
spouses. 2.First payment: according to
CA it came from Pascos private funds.
Petitioners: w/o express proof that debt
of Gabriel came from Pascos private
fund, they should be presumed conjugal
(Art. 1407 Spanish CC). However, Art.
1416 provides that wife cant bind
conjugal partnership w/o husbands
consent. Her private transactions are
presumed to be her own. W/o proof that
Castillo authorized Pasco to use
community funds to lend money to
Gabriel, presumption that she used her
private funds would lie. 3.2nd & 3rd
payments by loans guaranteed by
mortgage: since they were made to both
spouses as joint borrowers, loan thus
became obligations of conjugal
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
partnership & loan money became part
of conjugal property. Securing mortgage
on wifes paraphernal prop is mere
accessory oblig w/c lenders can waive if
they wish to do so w/o affecting principal
debt owed by conjugal partnership & w/c
creditors can enforce against latter if
they so desire.
If money borrowed by husband upon
credit of wifes prop became CP & when
reinvested in construction of house, such
became CP & was liable for husbands
debt (Palanca v. Smith Bell & Co.) then all
the more that a loan obtained by both
spouses should be conjugal. Court
likewise ruled in Lim Queco vs. Cartagena
that when wife borrows money
guaranteed w/mortgage on her
paraphernal prop, money loaned &
property acquired w/such will still be her
exclusive prop even if husband
consented to such. Reason is that she is
not the qualified administrator of CP.
Creditor can only demand repayment
from her & her properties. Palanca ruling
applies, thus, property is partly
paraphernal by virtue of first payment &
partly conjugal by virtue of 2nd & 3rd
payments. It belongs to both patrimonies
1/6 paraphernal + 5/6 CP of Castillo &
Pasco. 4.If Pasco paid mortgages with her
private funds, her share is not increased.
Instead, common funds can repay the
amount she has advanced.
Zulueta v. PANAM
The settlement entered into by Mrs.
Zulueta with the defendant PANAM would
not bind the conjugal partnership of the
parties herein. In the case at bar the
principal part in interest is the husband.
Considering that the damages in
question have arisen from, inter alia, a
breach of plaintiffs contract of carriage
with the defendant, for which plaintiffs
paid their fare with funds presumably
belonging to the conjugal partnership.
We hold that the said damages fall under
par. (1) of Art 153 the right thereto
having been acquired by onerous title
during the marriage. The rights accruing
from said contract, including those
resulting fro breach thereof by the
defendant, are presumed to belong to
the conjugal partnership of mr and mrs.
Zulueta.
Property bought on installment
Art. 118. Property bought on installments paid partly
from exclusive funds of either or both spouses and
partly from conjugal funds belongs to the buyer or
buyers if full ownership was vested before the
marriage and to the conjugal partnership if such
ownership was vested during the marriage. In either
case, any amount advanced by the partnership or by
either or both spouses shall be reimbursed by the
owner or owners upon liquidation of the partnership.
Jovellanos V. CA
Facts: Husband entered into a contract of
lease and conditional sale with Philamlife
over a house and lot. He was married at
that time and when the wife died, he
married another woman. During the
subsistence of the second marriage, the
lease amounts having been paid,
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Philamlife executed a deed of absolute
sale to the husband and the latter
donated to herein petitioners all his
rights, title and interest over the lot and
bungalow before he died. The second
wife claimed that the land belonged to
the conjugal partnership.
Held: The conditional sale agreement in
said contract is, therefore, also in the
nature of contract to sellm as
contradistinguished from contract of sale.
The former case, ownership is not
transferred upon delivery of the property
but upon full payment of the purchase
price. The property belonged to the
conjugal partnership of the second
marriage. But since it pertained to the
second wife, she is still liable to pay the
corresponding reimbursements to the
petitioners who helped pay the
amortization of the house and lot.
Remember 118 of the FCP on the
property bought on installments, whre
ownership vested during the marriage,
such shall belong to the conjugal
partnership.
Alvarez v. espiritu
(No digest on file)
Improvements at the expense of
conjugal funds or through work or
industry of spouse
Art. 120. The ownership of improvements, whether
for utility or adornment, made on the separate
property of the spouses at the expense of the
partnership or through the acts or efforts of either or
both spouses shall pertain to the conjugal
partnership, or to the original owner-spouse, subject
to the following rules:
When the cost of the improvement made by the
conjugal partnership and any resulting increase in
value are more than the value of the property at the
time of the improvement, the entire property of one
of the spouses shall belong to the conjugal
partnership, subject to reimbursement of the value of
the property of the owner-spouse at the time of the
improvement; otherwise, said property shall be
retained in ownership by the owner-spouse, likewise
subject to reimbursement of the cost of the
improvement.
In either case, the ownership of the entire property
shall be vested upon the reimbursement, which shall
be made at the time of the liquidation of the conjugal
partnership.
Vitug v. Montemayor
Held: The principal issue is to be
determined in this appeal is whether the
thirty parcels of land involved in this
litigation are conjugal, as claimed by the
plaintiff, or paraphernal, as claimed by
the defendants. If the former the relief
prayed for should be granted; if the latter
the action should be dismissed.
the evidence shows that the funds used
in purchasing the thirty parcels of land in
question had come from this refundable
amount, it logically follows that said
properties are conjugal and should have
formed part of the estate of the late
Clodualdo Vitug. The fact that said
properties are now registered in the
exclusive name of Donata Montemayor
does not destroy their nature as conjugal
because they are acquired during
coverture and the presumption of law
created in favor of the conjugal
partnership has not been overcome by
clear proof to the contrary (Guingguing
vs. Abuton, 48 Phil. 144)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

however, is limited to buildings and does

Maramba V. Lozano
Issue: WON the property was conjugal
WON the construction of the house on
the exclusive property of one of the
spouses at the expense of the common
fund makes it automatically conjugal.
Held: Both issues, NO.
The presumption of conjugality under Art.
160 of the civil code refers to property
acquired during the marriage. But in the
instant case, there is no showing as to
when the property in question was
acquired and hence the fact that the tile
is in the wifes name alone is
determinative. Furthermore, appellant
said that the property was paraphernal.
The construction of a house at conjugal
expense on the exclusive property of one
of the spouses does not automatically
make it conjugal. The ownership of the
land remains the same until the value
thereof is paid, and this payment can
only be demanded in the liquidation of
the partnership. There is no showing that
there was already liquidation and so the
property being separate property cannot
be made to answer for the liability of the
other defendant.
Dominado v. Darayunan
Held: Par 2 of Art. 1404 of the Civil code
provides that building constructed during
the marriage, on land belonging to one of
the spouses, are conjugal property, but
the owner shall be entitled to credit of
the value of th land. The exception,
not apply to crops and other
improvements, with respect to which the
general rule applies. Expenses incurred
in making such crops and improvements
are conjugal expenses, for which the
conjugal partnership must be
reimbursed.
Caltex V. Felias
Held: A lot belonging to the parents and
later donated by them to their daughter
belonged to the parphernal property and
the building constructed thereon before
the donation follows the rule accessory
follows the principal. The donation
transmitted to her the rights of a
landowner over the building constructed
on it. As such the lot and the building are
not answerable for the obligations of her
husband.
Calimlim-Canullas v. Fortun
Facts: Husband abandoned his family and
was convicted for concubinage. In 1980
he sold the land he inherited from his
deceased father during the marriage to
his concubine. The concubine initiated a
complaint to quiet title and damages
against the legal wife.
Held: The alienation of the property
without the consent of the legal wife was
not valid because the contract of sale
was null and void for being contrary to
morals and public policy. (Art. 1409 of the
NCC)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Both the land and the building belong to
the conjugal partnership but the conjugal
partnership is indebted to the husband
for the value of the land and so the
husband is entitled for reimbursement at
the time of the liquidation of the conjugal
partnership.
Art. 121. The conjugal partnership shall be liable for:
(1) The support of the spouse, their common
children, and the legitimate children of either spouse;
however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;
(2) All debts and obligations contracted during the
marriage by the designated administrator-spouse for
the benefit of the conjugal partnership of gains, or by
both spouses or by one of them with the consent of
the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to the extent
that the family may have benefited;
(4) All taxes, liens, charges, and expenses, including
major or minor repairs upon the conjugal partnership
property;
(5) All taxes and expenses for mere preservation
made during the marriage upon the separate
property of either spouse;
(6) Expenses to enable either spouse to commence
or complete a professional, vocational, or other
activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as
they have redounded to the benefit of the family;
(8) The value of what is donated or promised by both
spouses in favor of their common legitimate children
for the exclusive purpose of commencing or
completing a professional or vocational course or
other activity for self-improvement; and
(9) Expenses of litigation between the spouses unless
the suit is found to groundless.
If the conjugal partnership is insufficient to cover the
foregoing liabilities, the spouses shall be solidarily
liable for the unpaid balance with their separate
properties.
Art. 123. Whatever may be lost during the marriage
in any game of chance or in betting, sweepstakes, or
any other kind of gambling whether permitted or
prohibited by law, shall be borne by the loser and
shall not be charged to the conjugal partnership but
any winnings therefrom shall form part of the
conjugal partnership property.
9th Session
I. Contractual Obligations by
either spouse
Art. 122. The payment of personal debts contracted by
the husband or the wife before or during the marriage
shall not be charged to the conjugal properties
partnership except insofar as they redounded to the
benefit of the family.
Neither shall the fines and pecuniary indemnities imposed
upon them be charged to the partnership.
However, the payment of personal debts contracted by
either spouse before the marriage, that of fines and
indemnities imposed upon them, as well as the support of
illegitimate children of either spouse, may be enforced
against the partnership assets after the responsibilities
enumerated in the preceding Article have been covered,
if the spouse who is bound should have no exclusive
property or if it should be insufficient; but at the time of
the liquidation of the partnership, such spouse shall be
charged for what has been paid for the purpose above-
mentioned.
Cases:
Luzon surety V. De Garcua
Conjugal partnership is only liable for
such debts and obligations contracted by
the husband for the benefit of the
conjugal partnership, There is none in
this case. This particular codal provision
in question rightfully emphasized the
responsibility of the husband as
administrator. He is supposed o conserve
and, if possible, augment the funds for
conjugal partnership, not dissipate them.
If out of friendship and misplaced
generosity on his part the conjugal
partnership would be saddled with
financial burden, then the family stands
to suffer.
Cobb-perez v. Lantin
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

In the NCC, Art. 160, the party who
invokes this presumption must first prove
that the property in controversy was
acquired during the marriage. In the case
at bar, there is no evidence as to when
the shares of stocks were acquired, the
fact that they are registered in the name
of the husband alone is an indication that
the shares belong exclusively to the said
spouse.
Ayala V. CA
FACTS:
Philippine Blooming Mills (PBM)
obtained P50,300,000.00 loan from
petitioner Ayala Investment and
Development Corporation (AIDC).
Respondent Alfredo Ching, EVP of
PBM, executed security
agreements on December 1980
and March 1981 making him jointly
and severally answerable with
PBMs indebtedness to AIDC. PBM
failed to pay the loan hence filing
of complaint against PBM and
Ching. The RTC rendered judgment
ordering PBM and Ching to jointly
and severally pay AIDC the
principal amount with interests.
Pending the appeal of the
judgment, RTC issued writ of
execution. Thereafter, Magsajo,
appointed deputy sheriff, caused
the issuance and service upon
respondent spouses of the notice of
sheriff sale on 3 of their conjugal
properties on May 1982.
Respondent spouses filed
injunction against petitioners on
the ground that subject loan did
not redound to the benefit of the
said conjugal partnership. CA
issued a TRP enjoining lower court
from enforcing its order paving way
for the scheduled auction sale of
respondent spouses conjugal
properties. A certificate of sale
was issued to AIDC, being the only
bidder and was registered on July
1982.
ISSUE: Whether or not the debts
and obligations contracted by the
husband alone is considered for
the benefit of the conjugal
partnership and is it chargeable.
HELD:
The loan procured from AIDC was
for the advancement and benefit of
PBM and not for the benefit of the
conjugal partnership of Ching.
Furthermore, AIDC failed to prove
that Ching contracted the debt for
the benefit of the conjugal
partnership of gains. PBM has a
personality distinct and separate
from the family of Ching despite
the fact that they happened to be
stockholders of said corporate
entity. Clearly, the debt was a
corporate debt and right of
recourse to Ching as surety is only
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

to the extent of his corporate the loan. It must not be a mere by

stockholdings. product or a spin off of the loan itself.

Based from the foregoing II. Charges upon the Conjugal

jurisprudential rulings of the court,
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,
by itself, alone be categorized as
falling within the context of
obligations for the benefit of the
conjugal partnership. The
contract of loan or services is
clearly for the benefit of the
principal debtor and not for the
surety or his family. Ching only
signed as a surety for the loan
contracted with AIDC in behalf of
PBM. Signing as a surety is
certainly not an exercise of an
industry or profession, it is not
embarking in a business. Hence,
the conjugal partnership should not
be made liable for the surety
agreement which was clearly for
the benefit of PBM.
The court did not support the contention
of the petitioner that a benefit for the
family may have resulted when the
guarantee was in favor of Chings
employment (prolonged tenure,
appreciation of shares of stocks, prestige
enhanced) since the benefits
contemplated in Art. 161 of the Civil
Code must be one directly resulting from
partnership(ART.
122 (2)
Carlos v. Abelardo
it must be noted that payment of
personal debts contracted by the
husband or the wife before or during the
marriage shall not be charged to the
conjugal partnership except insofar as
they redounded to the benefit of the
family. The defendants never denied that
the check of US$25,000.00 was used to
purchase the subject house and lot. They
do not deny that the same served as
their conjugal home, thus benefiting the
family. On the same principle,
acknowledgment of the loan made by the
defendant-wife binds the conjugal
partnership since its proceeds redounded
to the benefit of the family. Hence,
defendant-husband and defendant-wife
are jointly and severally liable in the
payment of the loan.
The loan is the liability of the
conjugal partnership pursuant to
Article 121 of the Family Code:
Article 121. The conjugal
partnership shall be liable for:
xxx
(2) All debts and obligations
contracted during the marriage by
the designated administrator-
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
spouse for the benefit of the
conjugal partnership of gains, or by
both spouses or by one of them
with the consent of the other;
(3) Debts and obligations
contracted by either spouse
without the consent of the other to
the extent that the family may
have been benefited;
If the conjugal partnership is insufficient
to cover the foregoing liabilities, the
spouses shall be solidarily liable for the
unpaid balance with their separate
properties.
Defendant-husband cannot allege as a
defense that the amount of US
$25,000.00 was received as his share in
the income or profits of the corporation
and not as a loan. Firstly, defendant-
husband does not appear to be a
stockholder nor an employee nor an
agent of the corporation, H. L. Carlos
Construction, Inc. Since he is not a
stockholder, he has no right to
participate in the income or profits
thereof. In the same manner that as he is
not an employee nor an agent of H. L.
Carlos Construction, Inc., he has no right
to receive any salary or commission
therefrom. Secondly, the amount
advanced for the purchase of the house
and lot came from the personal account
of the plaintiff. If, indeed, it was to be
construed as defendant-husbands share
in the profits of the corporation, the
checks should come from the
corporations account and not from the
plaintiffs personal account, considering
that the corporation has a personality
separate and distinct from that of its
stockholders and officers.
III.Administration of conjugal partnership
(Art. 124-125)
Art. 124. The administration and enjoyment of the
conjugal partnership shall belong to both spouses
jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court
by the wife for proper remedy, which must be availed
of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the administration
of the conjugal properties, the other spouse may
assume sole powers of administration. These powers
do not include disposition or encumbrance without
authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed as
a continuing offer on the part of the consenting
spouse and the third person, and may be perfected
as a binding contract upon the acceptance by the
other spouse or authorization by the court before the
offer is withdrawn by either or both offerors. (165a)
Art. 125. Neither spouse may donate any conjugal
partnership property without the consent of the
other. However, either spouse may, without the
consent of the other, make moderate donations from
the conjugal partnership property for charity or on
occasions of family rejoicing or family distress.
IV.Disolution of CPG
Art. 126. The conjugal partnership terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void;
or
(4) In case of judicial separation of property during
the marriage under Articles 134 to 138. (175a)
Art. 127. The separation in fact between husband
and wife shall not affect the regime of conjugal
partnership, except that:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
proceeding;
(3) In the absence of sufficient conjugal partnership
property, the separate property of both spouses shall
be solidarily liable for the support of the family. The
spouse present shall, upon petition in a summary
proceeding, be given judicial authority to administer
or encumber any specific separate property of the
other spouse and use the fruits or proceeds thereof
to satisfy the latter's share. (178a)
Art. 128. If a spouse without just cause abandons the
other or fails to comply with his or her obligation to
the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of
property, or for authority to be the sole administrator
of the conjugal partnership property, subject to such
precautionary conditions as the court may impose.
The obligations to the family mentioned in the
preceding paragraph refer to marital, parental or
property relations.
A spouse is deemed to have abandoned the other
when he or she has left the conjugal dwelling without
intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has
failed within the same period to give any information
as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the
conjugal dwelling.
V.Liquidation
Art. 129. Upon the dissolution of the conjugal
partnership regime, the following procedure shall
apply:
(1) An inventory shall be prepared, listing separately
all the properties of the conjugal partnership and the
exclusive properties of each spouse.
(2) Amounts advanced by the conjugal partnership in
payment of personal debts and obligations of either
spouse shall be credited to the conjugal partnership
as an asset thereof.
(3) Each spouse shall be reimbursed for the use of
his or her exclusive funds in the acquisition of
property or for the value of his or her exclusive
property, the ownership of which has been vested by
law in the conjugal partnership.
(4) The debts and obligations of the conjugal
partnership shall be paid out of the conjugal assets.
In case of insufficiency of said assets, the spouses
shall be solidarily liable for the unpaid balance with
their separate properties, in accordance with the
provisions of paragraph (2) of Article 121.
(5) Whatever remains of the exclusive properties of
the spouses shall thereafter be delivered to each of
them.
(6) Unless the owner had been indemnified from
whatever source, the loss or deterioration of
movables used for the benefit of the family,
belonging to either spouse, even due to fortuitous
event, shall be paid to said spouse from the conjugal
funds, if any.
(7) The net remainder of the conjugal partnership
properties shall constitute the profits, which shall be
divided equally between husband and wife, unless a
different proportion or division was agreed upon in
the marriage settlements or unless there has been a
voluntary waiver or forfeiture of such share as
provided in this Code.
(8) The presumptive legitimes of the common
children shall be delivered upon the partition in
accordance with Article 51.
(9) In the partition of the properties, the conjugal
dwelling and the lot on which it is situated shall,
unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of
the common children choose to remain. Children
below the age of seven years are deemed to have
chosen the mother, unless the court has decided
otherwise. In case there is no such majority, the
court shall decide, taking into consideration the best
interests of said children. (181a, 182a, 183a, 184a,
185a)
Art. 130. Upon the termination of the marriage by
death, the conjugal partnership property shall be
liquidated in the same proceeding for the settlement
of the estate of the deceased.
If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the conjugal
partnership property either judicially or extra-
judicially within six months from the death of the
deceased spouse. If upon the lapse of the six-month
period no liquidation is made, any disposition or
encumbrance involving the conjugal partnership
property of the terminated marriage shall be void.
Should the surviving spouse contract a subsequent
marriage without compliance with the foregoing
requirements, a mandatory regime of complete
separation of property shall govern the property
relations of the subsequent marriage. (n)
Art. 131. Whenever the liquidation of the conjugal
partnership properties of two or more marriages
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
contracted by the same person before the effectivity
of this Code is carried out simultaneously, the
respective capital, fruits and income of each
partnership shall be determined upon such proof as
may be considered according to the rules of
evidence. In case of doubt as to which partnership
the existing properties belong, the same shall be
divided between the different partnerships in
proportion to the capital and duration of each. (189a)
Art. 132. The Rules of Court on the administration of
estates of deceased persons shall be observed in the
appraisal and sale of property of the conjugal
partnership, and other matters which are not
expressly determined in this Chapter. (187a)
Art. 133. From the common mass of property support
shall be given to the surviving spouse and to the
children during the liquidation of the inventoried
property and until what belongs to them is delivered;
but from this shall be deducted that amount received
for support which exceeds the fruits or rents
pertaining to them.
Separation of Property
During the Marriage (Art. 134-142)
Art. 134. In the absence of an express declaration in
the marriage settlements, the separation of property
between spouses during the marriage shall not take
place except by judicial order. Such judicial
separation of property may either be voluntary or for
sufficient cause. (190a)
Art. 135. Any of the following shall be considered
sufficient cause for judicial separation of property:
(1) That the spouse of the petitioner has been
sentenced to a penalty which carries with it civil
interdiction;
(2) That the spouse of the petitioner has been
judicially declared an absentee;
(3) That loss of parental authority of the spouse of
petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned
the latter or failed to comply with his or her
obligations to the family as provided for in Article
101;
(5) That the spouse granted the power of
administration in the marriage settlements has
abused that power; and
(6) That at the time of the petition, the spouses have
been separated in fact for at least one year and
reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3),
the presentation of the final judgment against the
guilty or absent spouse shall be enough basis for the
grant of the decree of judicial separation of property.
(191a)
Art. 136. The spouses may jointly file a verified
petition with the court for the voluntary dissolution of
the absolute community or the conjugal partnership
of gains, and for the separation of their common
properties.
All creditors of the absolute community or of the
conjugal partnership of gains, as well as the personal
creditors of the spouse, shall be listed in the petition
and notified of the filing thereof. The court shall take
measures to protect the creditors and other persons
with pecuniary interest. (191a)
Art. 137. Once the separation of property has been
decreed, the absolute community or the conjugal
partnership of gains shall be liquidated in conformity
with this Code.
During the pendency of the proceedings for
separation of property, the absolute community or
the conjugal partnership shall pay for the support of
the spouses and their children. (192a)
Art. 138. After dissolution of the absolute community
or of the conjugal partnership, the provisions on
complete separation of property shall apply. (191a)
Art. 139. The petition for separation of property and
the final judgment granting the same shall be
recorded in the proper local civil registries and
registries of property. (193a)
Art. 140. The separation of property shall not
prejudice the rights previously acquired by creditors.
(194a)
Art. 141. The spouses may, in the same proceedings
where separation of property was decreed, file a
motion in court for a decree reviving the property
regime that existed between them before the
separation of property in any of the following
instances:
(1) When the civil interdiction terminates;
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse
granted the power of administration in the marriage
settlements will not again abuse that power,
authorizes the resumption of said administration;
(4) When the spouse who has left the conjugal home
without a decree of legal separation resumes
common life with the other;
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

(5) When parental authority is judicially restored to

the NCC. Such article must be limitative,
the spouse previously deprived thereof; in view of the Codes restrictive policy.
(6) When the spouses who have separated in fact for
The remedy of the aggrieved spouse in
at least one year, reconcile and resume common life; case of the maladministration of the
or
other spouse is to revoke the power
(7) When after voluntary dissolution of the absolute granted the other and resume the
community of property or conjugal partnership has
been judicially decreed upon the joint petition of the administration of the community
spouses, they agree to the revival of the former property and to conduct the affairs of the
property regime. No voluntary separation of property
may thereafter be granted. conjugal partnership.
The revival of the former property regime shall be
Partosa-Jo vs CA
governed by Article 67. (195a) GR 82606, December 18, 1992
Art. 142. The administration of all classes of FACTS:
exclusive property of either spouse may be
transferred by the court to the other spouse:
The petitioner, Prima Partosa-Jo, is
(1) When one spouse becomes the guardian of the
other;
the legal wife of Jose Jo, herein
(2) When one spouse is judicially declared an private respondent. The latter
absentee;
admitted to have cohabited with 3
(3) When one spouse is sentenced to a penalty which
carries with it civil interdiction; or
women and fathered 15 children.
Prima filed a complaint against the
(4) When one spouse becomes a fugitive from justice
or is in hiding as an accused in a criminal case. husband for judicial separation of
If the other spouse is not qualified by reason of
conjugal property in addition to an
incompetence, conflict of interest, or any other just earlier action for support which was
cause, the court shall appoint a suitable person to be
the administrator.
consolidated. RTC decision was a
definite disposition of the
Garcia V. Manzano complaint for support but none of
The Lower court did not err in dismissing
that for the judicial separation of
the complaint on the ground that the
conjugal property. Jose elevated
complaint does not warrant for a
the decision to CA which affirmed
separation of property. Both the old and
rulings of the trial court. The
new civil code require the separation of
complaint on the separation of
property shall not prevail unless
property was dismissed for lack of
expressly stipulated in marriage
cause of action on the ground that
settlements before the union is
separation by agreement was not
solemnized or by formal decree during
covered in Art. 178 of the Civil
the existence of the marriage and in the
Code. Prima contested that the
latter case, it may only be ordered by the
agreement between her and Jose
court for causes specified in Art. 191 of
was for her to temporarily live with
her parents during the initial period
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
of her pregnancy and for him to
visit and support her. They never
agreed to be separated
permanently. She even returned to
him but the latter refused to accept
her.
ISSUE: WON there is abandonment
on the part of Jose Jo to warrant
judicial separation of conjugal
property.
HELD:
SC is in the position that
respondent court should have
made the necessary modification
instead of dismissing the case filed.
For abandonment to exist, there
must be an absolute cessation of
marital relations, duties and rights,
with the intention of perpetual
separation. The fact that Jo did not
accept her demonstrates that he
had no intention of resuming their
conjugal relationship. From 1968
until 1988, Jose refused to provide
financial support to Prima. Hence,
the physical separation of the
parties, coupled with the refusal by
the private respondent to give
support to the petitioner, sufficed
to constitute abandonment as a
ground for the judicial separation of
their conjugal property.
Wherefore, the petition was granted and
in favor of the petitioner and that the
court ordered the conjugal property of
the spouses be divided between them,
share and share alike. The division will
be implemented after the determination
of all the properties pertaining to the said
conjugal partnership including those that
may have been illegally registered in the
name of the persons.
Lacson V. Jose-Lacson
We hold that the compromise
agreement and the judgment of the
CFI grounded on the said
agreement are valid with respect to
the separation of property of the
spouses and the dissolution of the
conjugal partnership.
The law allows separation of
property of the spouses and the
dissolution of their conjugal
partnership provided judicial
sanction is secured beforehand.
Thus the new Civil Code provides:
In the absence of an express
declaration in the marriage
settlements, the separation of
property between spouses during
the marriage shall not take place
save in virtue of a judicial order.
(Art. 190, emphasis supplied)
The husband and the wife may
agree upon the dissolution of the
conjugal partnership during the
marriage, subject to judicial
approval. All the creditors of the
husband and of the wife, as well as
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
of the conjugal partnership, shall
be notified of any petition for
judicial approval of the voluntary
dissolution of the conjugal
partnership, so that any such
creditors may appear at the
hearing to safeguard his interests.
Upon approval of the petition for
dissolution of the conjugal
partnership, the court shall take
such measures as may protect the
creditors and other third persons.
(Art. 191, par. 4, emphasis
supplied).
In the case at bar, the spouses
obtained judicial imprimatur of
their separation of property and
the dissolution of their conjugal
partnership. It does not appeal that
they have creditors who will be
prejudiced by the said
arrangements.
However, in so approving the
regime of separation of property of
the spouses and the dissolution of
their conjugal partnership, this
Court does not thereby accord
recognition to nor legalize the de
facto separation of the spouses.
however, that the CFI erred in
depriving the mother, the
respondent spouse, of the custody
of the two older children (both then
below the age of 7).
The Civil Code specifically
commands in the second sentence
of its article 363 that "No mother
shall be separated from her child
under seven years of age, unless
the court finds compelling reasons
for such measure." The rationale of
this new provision was explained
by the Code Commission thus:
The general rule is recommended
in order to avoid many a tragedy
where a mother has seen her baby
torn away from her. No man can
sound the deep sorrows of a
mother who is deprived of her child
of tender age. The exception
allowed by the rule has to be for
"compelling reasons" for the good
of the child: those cases must
indeed be rare, if the mother's
heart is not to be unduly hurt. If
she has erred, as in cases of
adultery, the penalty of
imprisonment and the (relative)
divorce decree will ordinarily be
sufficient punishment for her.
Moreover, her moral dereliction will
not have any effect upon the baby
who is as yet unable to understand
the situation." (Report of the Code
Commission, p. 12).
The use of the word shall2 in article 363
of the Civil Code, coupled with the
observations made by the Code
Commission in respect to the said legal
provision, underscores its mandatory
character. It prohibits in no uncertain:
terms the separation of a mother and her
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

child below seven years, unless such the consent of the other, until after the termination
of their cohabitation.
separation is grounded upon compelling
When only one of the parties to a void marriage is in
reasons as determined by a court. good faith, the share of the party in bad faith in the
co-ownership shall be forfeited in favor of their
Regime of Separation of Property common children. In case of default of or waiver by
any or all of the common children or their
descendants, each vacant share shall belong to the
Art. 143. Should the future spouses agree in the
respective surviving descendants. In the absence of
marriage settlements that their property relations
descendants, such share shall belong to the innocent
during marriage shall be governed by the regime of
party. In all cases, the forfeiture shall take place upon
separation of property, the provisions of this Chapter
termination of the cohabitation. (144a)
shall be suppletory. (212a)
Art. 144. Separation of property may refer to present Art. 148. In cases of cohabitation not falling under
or future property or both. It may be total or partial. the preceding Article, only the properties acquired by
In the latter case, the property not agreed upon as both of the parties through their actual joint
separate shall pertain to the absolute community. contribution of money, property, or industry shall be
(213a) owned by them in common in proportion to their
respective contributions. In the absence of proof to
Art. 145. Each spouse shall own, dispose of, possess,
the contrary, their contributions and corresponding
administer and enjoy his or her own separate estate,
shares are presumed to be equal. The same rule and
without need of the consent of the other. To each
presumption shall apply to joint deposits of money
spouse shall belong all earnings from his or her
and evidences of credit.
profession, business or industry and all fruits,
natural, industrial or civil, due or received during the If one of the parties is validly married to another, his
marriage from his or her separate property. (214a) or her share in the co-ownership shall accrue to the
absolute community or conjugal partnership existing
Art. 146. Both spouses shall bear the family
in such valid marriage. If the party who acted in bad
expenses in proportion to their income, or, in case of
faith is not validly married to another, his or her shall
insufficiency or default thereof, to the current market
be forfeited in the manner provided in the last
value of their separate properties.
paragraph of the preceding Article.
The liabilities of the spouses to creditors for family
The foregoing rules on forfeiture shall likewise apply
expenses shall, however, be solidary.
even if both parties are in bad faith.
Unions without marriage
Art. 147. When a man and a woman who are
capacitated to marry each other, live exclusively with
Historical Background
each other as husband and wife without the benefit
of marriage or under a void marriage, their wages Yaptinchay v. Torres
and salaries shall be owned by them in equal shares
and the property acquired by both of them through
The common-law husbdan was already
their work or industry shall be governed by the rules married and the common-law wife
on co-ownership.
In the absence of proof to the contrary, properties
alleges that the house in question was
acquired while they lived together shall be presumed common property between them.
to have been obtained by their joint efforts, work or
Held: She did not prove her actual
industry, and shall be owned by them in equal
shares. For purposes of this Article, a party who did contribution of the house. She must
not participate in the acquisition by the other party
of any property shall be deemed to have contributed
prove her contribution to prove the house
jointly in the acquisition thereof if the former's efforts was common property. The presumption
consisted in the care and maintenance of the family
and of the household.
does not lie in her case.

Neither party can encumber or dispose by acts inter Maxey v. CA

vivos of his or her share in the property acquired
during cohabitation and owned in common, without

32
 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
(This was a case of Common-law
marriage because the military style
marriage of the spouses were not
recognized. There was no legal
impediment for them to marry. The issue
was WON The properties in question
were eXCLUSIVE PROPERTIES OF THE
LATE MELBOURNE MAXEY, TO THE
EXCLUSION OF HIS WIFE REGINA
MORALES, BECAUSE THE MENTIONED
PROPERTIES WERE ACTUALLY ACQUIRED
BY THE JOINT EFFORTS AND INDUSTRY OF
BOTH OF THEM AND THEREFORE, THESE
PROPERTIES ARE COMMON PROPERTIES)
The provisions of the Civil Code are
premised on the traditional and existing,
the normal and customary gender roles
of Filipino men and women. No matter
how large the income of a working wife
compared to that of her husband, the
major, if not the full responsibility of
running the household remains with the
woman. She is the administrator of the
household. The fact that the two involved
in this case were not legally married at
the time does not change the nature of
their respective roles. It is the woman
who traditionally holds the family purse
even if she does not contribute to filling
that purse with funds. As pointed out by
Dean Irene R. Cortes of the University of
the Philippines, "in the Filipino family, the
wife holds the purse, husbands hand over
their pay checks and get an allowance in
return and the wife manages the affairs
of the household. . . . And the famous
statement attributed to Governor
General Leonard Wood is repeated: In the
Philippines, the best man is the woman."
(Cortes, "Womens Rights Under the New
Constitution". WOMAN AND THE LAW,
U.P. Law Center, p. 10.)
The "real contribution" to the acquisition
of property mentioned in Yaptinchay vs.
Torres (28 SCRA 489) must include not
only the earnings of a woman from a
profession, occupation, or business but
also her contribution to the family's
material and spiritual goods through
caring for the children, administering the
household, husbanding scarce resources,
freeing her husband from household
tasks, and otherwise performing the
traditional duties of a housewife.
Valdes vs. RTC
260 SCRA 221
FACTS:
Antonio Valdez and Consuelo
Gomez were married in 1971 and
begotten 5 children. Valdez filed a
petition in 1992 for a declaration of
nullity of their marriage pursuant to
Article 36 of the Family Code,
which was granted hence, marriage
is null and void on the ground of
their mutual psychological
incapacity. Stella and Joaquin are
placed under the custody of their
mother while the other 3 siblings
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
are free to choose which they
prefer.
Gomez sought a clarification of that
portion in the decision regarding
the procedure for the liquidation of
common property in unions
without marriage. During the
hearing on the motion, the children
filed a joint affidavit expressing
desire to stay with their father.
ISSUE: Whether or not the property
regime should be based on co-
ownership.
HELD:
The Supreme Court ruled that in a void
marriage, regardless of the cause
thereof, the property relations of the
parties are governed by the rules on co-
ownership. Any property acquired during
the union is prima facie presumed to
have been obtained through their joint
efforts. A party who did not participate
in the acquisition of the property shall be
considered as having contributed thereto
jointly if said partys efforts consisted in
the care and maintenance of the family.
Carino v. Carino
In 1969 SPO4 Santiago Carino married
Susan Nicdao Carino. He had 2 children
with her. In 1992, SPO4 contracted a
second marriage, this time with Susan
Yee Carino. In 1988, prior to his second
marriage, SPO4 is already bedridden and
he was under the care of Yee. In 1992, he
died 13 days after his marriage with Yee.
Thereafter, the spouses went on to claim
the benefits of SPO4. Nicdao was able to
claim a total of P140,000.00 while Yee
was able to collect a total of P21,000.00.
In 1993, Yee filed an action for collection
of sum of money against Nicdao. She
wanted to have half of the P140k. Yee
admitted that her marriage with SPO4
was solemnized during the subsistence
of the marriage b/n SPO4 and Nicdao but
the said marriage between Nicdao and
SPO4 is null and void due to the absence
of a valid marriage license as certified by
the local civil registrar. Yee also claimed
that she only found out about the
previous marriage on SPO4s funeral.
ISSUE: Whether or not the absolute
nullity of marriage may be invoked
to claim presumptive legitimes.
HELD: The marriage between
Nicdao and SPO4 is null and void
due the absence of a valid
marriage license. The marriage
between Yee and SPO4 is likewise
null and void for the same has
been solemnized without the
judicial declaration of the nullity of
the marriage between Nicdao and
SPO4. Under Article 40 of the FC,
the absolute nullity of a previous
marriage may be invoked for
purposes of remarriage on the
basis solely of a final judgment
declaring such previous marriage
34
 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
void. Meaning, where the absolute
nullity of a previous marriage is
sought to be invoked for purposes
of contracting a second marriage,
the sole basis acceptable in law, for
said projected marriage to be free
from legal infirmity, is a final
judgment declaring the previous
marriage void. However, for
purposes other than remarriage, no
judicial action is necessary to
declare a marriage an absolute
nullity. For other purposes, such as
but not limited to the
determination of heirship,
legitimacy or illegitimacy of a child,
settlement of estate, dissolution of
property regime, or a criminal case
for that matter, the court may pass
upon the validity of marriage even
after the death of the parties
thereto, and even in a suit not
directly instituted to question the
validity of said marriage, so long as
it is essential to the determination
of the case. In such instances,
evidence must be adduced,
testimonial or documentary, to
prove the existence of grounds
rendering such a previous marriage
an absolute nullity. These need not
be limited solely to an earlier final
judgment of a court declaring such
previous marriage void.
The SC ruled that Yee has no right to the
benefits earned by SPO4 as a policeman
for their marriage is void due to bigamy;
she is only entitled to properties, money
etc owned by them in common in
proportion to their respective
contributions. Wages and salaries earned
by each party shall belong to him or her
exclusively (Art. 148 of FC). Nicdao is
entitled to the full benefits earned by
SPO4 as a cop even if their marriage is
likewise void. This is because the two
were capacitated to marry each other for
there were no impediments but their
marriage was void due to the lack of a
marriage license; in their situation, their
property relations is governed by Art 147
of the FC which provides that everything
they earned during their cohabitation is
presumed to have been equally
contributed by each party this includes
salaries and wages earned by each party
notwithstanding the fact that the other
may not have contributed at all.
10th Session
The Family
As an Institution
Family Code:
THE FAMILY
Chapter 1. The Family as an Institution
Art. 149. The family, being the foundation of the
nation, is a basic social institution which public policy
cherishes and protects. Consequently, family
relations are governed by law and no custom,
practice or agreement destructive of the family shall
be recognized or given effect. (216a, 218a)
Art. 50. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or
half-blood. (217a)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Art. 151. No suit between members of the same
family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts
toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts
were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the
subject of compromise under the Civil Code.
The Family Home
Family Code:
Art. 152. The family home, constituted jointly by the
husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their
family reside, and the land on which it is situated.
(223a)
Art. 153. The family home is deemed constituted on
a house and lot from the time it is occupied as a
family residence. From the time of its constitution
and so long as any of its beneficiaries actually
resides therein, the family home continues to be
such and is exempt from execution, forced sale or
attachment except as hereinafter provided and to the
extent of the value allowed by law. (223a)
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person
who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers
and sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and
who depend upon the head of the family for legal
support. (226a)
Art. 155. The family home shall be exempt from
execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the
family home;
(3) For debts secured by mortgages on the premises
before or after such constitution; and
(4) For debts due to laborers, mechanics, architects,
builders, materialmen and others who have rendered
service or furnished material for the construction of
the building. (243a)
Art. 156. The family home must be part of the
properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either
spouse with the latter's consent. It may also be
constituted by an unmarried head of a family on his
or her own property.
Nevertheless, property that is the subject of a
conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of
the purchase price may be constituted as a family
home. (227a, 228a)
Art. 157. The actual value of the family home shall
not exceed, at the time of its constitution, the
amount of the three hundred thousand pesos in
urban areas, and two hundred thousand pesos in
rural areas, or such amounts as may hereafter be
fixed by law.
In any event, if the value of the currency changes
after the adoption of this Code, the value most
favorable for the constitution of a family home shall
be the basis of evaluation.
For purposes of this Article, urban areas are deemed
to include chartered cities and municipalities whose
annual income at least equals that legally required
for chartered cities. All others are deemed to be rural
areas. (231a)
Art. 158. The family home may be sold, alienated,
donated, assigned or encumbered by the owner or
owners thereof with the written consent of the
person constituting the same, the latter's spouse,
and a majority of the beneficiaries of legal age. In
case of conflict, the court shall decide. (235a)
Art. 159. The family home shall continue despite the
death of one or both spouses or of the unmarried
head of the family for a period of ten years or for as
long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or
constituted the family home. (238a)
Art. 160. When a creditor whose claims is not among
those mentioned in Article 155 obtains a judgment in
his favor, and he has reasonable grounds to believe
that the family home is actually worth more than the
maximum amount fixed in Article 157, he may apply
to the court which rendered the judgment for an
order directing the sale of the property under
execution. The court shall so order if it finds that the
actual value of the family home exceeds the
maximum amount allowed by law as of the time of
its constitution. If the increased actual value exceeds
the maximum allowed in Article 157 and results from
subsequent voluntary improvements introduced by
the person or persons constituting the family home,
by the owner or owners of the property, or by any of
the beneficiaries, the same rule and procedure shall
apply.
At the execution sale, no bid below the value allowed
for a family home shall be considered. The proceeds
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By: Marian Jane C. Alumbro

Session: 5th-12th Session

shall be applied first to the amount mentioned in Poblacion Malalag is where the
Article 157, and then to the liabilities under the
judgment and the costs. The excess, if any, shall be family home is built since 1969
delivered to the judgment debtor. (247a, 248a) prior to the commencement of this
Art. 161. For purposes of availing of the benefits of a case and as such is exempt from
family home as provided for in this Chapter, a person
may constitute, or be the beneficiary of, only one execution, forced sale or
family home. (n) attachment under Articles 152 and
Art. 162. The provisions in this Chapter shall also 153 of the Family Code except for
govern existing family residences insofar as said
liabilities mentioned in Article 155
provisions are applicable. (n)
thereof, and that the judgment
Medoquillo v. Breva debt sought to be enforced against
the family home of defendant is not
MODEQUILLO VS. BREVA FACTS: On one of those enumerated under
July 7, 1988, the sheriff levied on a Article 155 of the Family Code. As
parcel of residential land located at to the agricultural land although it
Poblacion Malalag, Davao del Sur is declared in the name of
containing an area of 600 square defendant it is alleged to be still
meters with a market value of part of the public land and the
P34,550.00 and assessed value of transfer in his favor by the original
P7,570.00 per Tax Declaration No. possessor and applicant who was a
87008-01359, registered in the member of a cultural minority was
name of Jose Modequillo in the not approved by the proper
office of the Provincial Assessor of government agency. An opposition
Davao del Sur; and a parcel of thereto was filed by the plaintiffs.
agricultural land located at In the present case, the residential
Dalagbong Bulacan, Malalag, house and lot of petitioner was not
Davao del Sur containing an area constituted as a family home
of 3 hectares with a market value whether judicially or extrajudicially
of P24,130.00 and assessed value under the Civil Code. It became a
of P9,650.00 per Tax Declaration family home by operation of law
No. 87-08-01848 registered in the only under Article 153 of the Family
name of Jose Modequillo in the Code. It is deemed constituted as a
office of the Provincial Assessor of family home upon the effectivity of
Davao del Sur. A motion to quash the Family Code on August 3, 1988
and/or to set aside levy of not August 4, one year after its
execution was filed by defendant publication in the Manila Chronicle
Jose Modequillo alleging therein on August 4, 1987 (1988 being a
that the residential land located at leap year). ISSUE: Whether or not
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
the property in dispute is deemed
to be a family home. HELD:The
contention of petitioner that it
should be considered a family
home from the time it was
occupied by petitioner and his
family in 1969 is not well- taken.
Under Article 162 of the Family
Code, it is
provided that "the provisions of this
Chapter shall also govern existing
family residences insofar as said
provisions are applicable." It does
not mean that Articles 152 and 153
of said Code have a retroactive
effect such that all existing family
residences are deemed to have
been constituted as family homes
at the time of their occupation prior
to the effectivity of the Family Code
and are exempt from execution for
the payment of obligations incurred
before the effectivity of the Family
Code. Article 162 simply means
that all existing family residences
at the time of the effectivity of the
Family Code, are considered family
homes and are prospectively
entitled to the benefits accorded to
a family home under the Family
Code. Article 162 does not state
that the provisions of Chapter 2,
Title V have a retroactive effect. Is
the family home of petitioner
exempt from execution of the
money judgment aforecited? No.
The debt or liability which was the
basis of the judgment arose or was
incurred at the time of the
vehicular accident on March 16,
1976 and the money judgment
arising therefrom was rendered by
the appellate court on January 29,
1988. Both preceded the effectivity
of the Family Code on August 3,
1988. This case does not fall under
the exemptions from execution
provided in the Family Code. As to
the agricultural land subject of the
execution, the trial court
correctly ruled that the levy to be
made by the sheriff shall be on
whatever rights the petitioner may
have on the land.
WHEREFORE, the petition is DISMISSED
for lack of merit. No pronouncement as
to costs. SO ORDERED
Family Code:
PATERNITY AND FILIATION
Chapter 1. Legitimate Children
Art. 163. The filiation of children may be by nature or
by adoption. Natural filiation may be legitimate or
illegitimate. (n)
Art. 164. Children conceived or born during the
marriage of the parents are legitimate.
Children conceived as a result of artificial
insemination of the wife with the sperm of the
husband or that of a donor or both are likewise
legitimate children of the husband and his wife,
provided, that both of them authorized or ratified
such insemination in a written instrument executed
and signed by them before the birth of the child. The
instrument shall be recorded in the civil registry
together with the birth certificate of the child. (55a,
258a)
Art. 165. Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided
in this Code. (n)
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Art. 166. Legitimacy of a child may be impugned only
on the following grounds:
(1) That it was physically impossible for the husband
to have sexual intercourse with his wife within the
first 120 days of the 300 days which immediately
preceded the birth of the child because of:
(a) the physical incapacity of the husband to have
sexual intercourse with his wife;
(b) the fact that the husband and wife were living
separately in such a way that sexual intercourse was
not possible; or
(c) serious illness of the husband, which absolutely
prevented sexual intercourse;
(2) That it is proved that for biological or other
scientific reasons, the child could not have been that
of the husband, except in the instance provided in
the second paragraph of Article 164; or
(3) That in case of children conceived through
artificial insemination, the written authorization or
ratification of either parent was obtained through
mistake, fraud, violence, intimidation, or undue
influence. (255a)
Art. 167. The child shall be considered legitimate
although the mother may have declared against its
legitimacy or may have been sentenced as an
adulteress. (256a)
Art. 168. If the marriage is terminated and the
mother contracted another marriage within three
hundred days after such termination of the former
marriage, these rules shall govern in the absence of
proof to the contrary:
(1) A child born before one hundred eighty days after
the solemnization of the subsequent marriage is
considered to have been conceived during the former
marriage, provided it be born within three hundred
days after the termination of the former marriage;
(2) A child born after one hundred eighty days
following the celebration of the subsequent marriage
is considered to have been conceived during such
marriage, even though it be born within the three
hundred days after the termination of the former
marriage. (259a)
Art. 169. The legitimacy or illegitimacy of a child born
after three hundred days following the termination of
the marriage shall be proved by whoever alleges
such legitimacy or illegitimacy. (261a)
Art. 170. The action to impugn the legitimacy of the
child shall be brought within one year from the
knowledge of the birth or its recording in the civil
register, if the husband or, in a proper case, any of
his heirs, should reside in the city or municipality
where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not
reside at the place of birth as defined in the first
paragraph or where it was recorded, the period shall
be two years if they should reside in the Philippines;
and three years if abroad. If the birth of the child has
been concealed from or was unknown to the husband
or his heirs, the period shall be counted from the
discovery or knowledge of the birth of the child or of
the fact of registration of said birth, whichever is
earlier. (263a)
Art. 171. The heirs of the husband may impugn the
filiation of the child within the period prescribed in
the preceding article only in the following cases:
(1) If the husband should died before the expiration
of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint
without having desisted therefrom; or
(3) If the child was born after the death of the
husband. (262a)
Chapter 2. Proof of Filiation
Art. 172. The filiation of legitimate children is
established by any of the following:
(1) The record of birth appearing in the civil register
or a final judgment; or
(2) An admission of legitimate filiation in a public
document or a private handwritten instrument and
signed by the parent concerned.
In the absence of the foregoing evidence, the
legitimate filiation shall be
proved by:
(1) The open and continuous possession of the status
of a legitimate child; or
(2) Any other means allowed by the Rules of Court
and special laws. (265a, 266a, 267a)
Art. 173. The action to claim legitimacy may be
brought by the child during his or her lifetime and
shall be transmitted to the heirs should the child die
during minority or in a state of insanity. In these
cases, the heirs shall have a period of five years
within which to institute the action.
Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the
mother, in conformity with the provisions of the Civil
Code on Surnames;
(2) To receive support from their parents, their
ascendants, and in proper cases, their brothers and
sisters, in conformity with the provisions of this Code
on Support; and
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By: Marian Jane C. Alumbro
Session: 5th-12th Session
(3) To be entitled to the legitimate and other
successional rights granted to them by the Civil
Code. (264a)
Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their
illegitimate filiation in the same way and on the same
evidence as legitimate children.
The action must be brought within the same period
specified in Article 173, except when the action is
based on the second paragraph of Article 172, in
which case the action may be brought during the
lifetime of the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname
and shall be under the parental authority of their
mother, and shall be entitled to support in conformity
with this Code. The legitime of each illegitimate child
shall consist of one-half of the legitime of a
legitimate child. Except for this modification, all other
provisions in the Civil Code governing successional
rights shall remain in force. (287a)
Chapter 4. Legitimated Children
Art. 177. Only children conceived and born outside of
wedlock of parents who, at the time of the
conception of the former, were not disqualified by
any impediment to marry each other may be
legitimated. (269a)
Art. 178. Legitimation shall take place by a
subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the
legitimation. (270a)chan robles virtual law library
Art. 179. Legitimated children shall enjoy the same
rights as legitimate children. (272a)
Art. 180. The effects of legitimation shall retroact to
the time of the child's birth. (273a)
Art. 181. The legitimation of children who died before
the celebration of the marriage shall benefit their
descendants. (274)
Art. 182. Legitimation may be impugned only by those who
are prejudiced in their rights, within five years from the time
their cause of action accrues. (275a)
REPUBLIC ACT. NO. 9858
AN ACT PROVIDING FOR THE LEGITIMATION OF
CHILDREN BORN TO PARENTS BELOW MARRYING
AGE, AMENDING FOR THE PURPOSE THE FAMILY
CODE OF THE PHILIPPINES, AS AMENDED
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1. Article 177 of Executive Order No. 209,
otherwise known as the "Family Code of the
Philippines", as amended, is hereby further amended
to read as follows:
"Art. 177. Children conceived and born outside of
wedlock of parents who, at the time of conception of
the former, were not disqualified by any impediment
to marry each other, or were so disqualified only
because either or both of them were below eighteen
(18) years of age, may be legitimated."
"Art. 178. Legitimation shall take place by a
subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the
legitimation."
Section 2. Implementing Rules. The civil Registrar
General shall, in consultation with the chairpersons
of the Committee on Revision of Laws of the House of
Representatives and the Committee on Youth,
Women and Family Relations of the Senate, the
Council for the Welfare of Children, the Department
of Justice (DOJ), the Department of Foreign Affairs
(DFA), the office of the Supreme Court Administrator,
the Philippine Association of Civil Registrars (PACR)
and the UP Law Center, issue the necessary
rules/regulations for the effective implementation of
this Act not later than one (1) month from its
effectivity.
Section 3. Repealing Clause. All laws, presidential
decrees, executive orders, proclamations and/or
administrative regulations which are inconsistent
with the provisions of this Act are hereby amended,
modified, superseded or repealed accordingly.
Section 4. Effectivity Clause. This Act shall take effect fifteen
(15) days after its complete publication in the Official Gazette
or in at least two (2) newspapers of national circulation.
Tayag v. CA
Facts : Petitioner argues that assuming
arguendo that the action is one to
compel recognition, private respondent's
cause of action has prescribed for the
reason that since filiation is sought to be
proved by means of a private
handwritten instrument signed by the
parent concerned, then under paragraph
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
2, Article 175 of the Family Code, the
action to establish filiation of the
illegitimate minor child must be brought
during the lifetime of the alleged putative
father. In the case at bar, considering
that the complaint was filed after the
death of the alleged parent, the action
has prescribed and this is another ground
for the dismissal of the complaint.
Petitioner theorizes that Article 285 of
the Civil Code is not applicable to the
case at bar and, instead, paragraph 2,
Article 175 of the Family Code should be
given retroactive effect. The theory is
premised on the supposition that the
latter provision of law being merely
procedural in nature, no vested rights are
created, hence it can be made to apply
retroactively.
Article 285 of the Civil Code
provides:
Art. 285. The action for the
recognition of natural children may
be brought only during the lifetime
of the presumed parents, except in
the following cases:
(1) If the father or mother died
during the minority of the child, in
which case the latter may file the
action before the expiration of four
years from the attainment of his
majority;
xxx xxx xxx
On the other hand, Article 175 of
the Family Code reads:
Art. 175. Illegitimate children
may establish their illegitimate
filiation in the same way and on
the same evidence as legitimate
children.
The action must be brought within the
same period specified in Article 173,
except when the action is based on the
second paragraph of Article 172, in which
case the action may be brought during
the lifetime of the alleged parent.
\Under the circumstances obtaining in
the case at bar, we hold that the right of
action of the minor child bas been vested
by the filing of the complaint in court
under the regime of the Civil Code and
prior to the effectivity of the Family Code.
14 We herein adopt our ruling in the
recent case of Republic of the Philippines
vs. Court of Appeals, et al. 15 where we
held that the fact of filing of the petition
already vested in the petitioner her right
to file it and to have the same proceed to
final adjudication in accordance with the
law in force at the time, and such right
can no longer be prejudiced or impaired
by the enactment of a new law.
Even assuming ex gratia argumenti that
the provision of the Family Code in
question is procedural in nature, the rule
that a statutory change in matters of
procedure may affect pending actions
and proceedings, unless the language of
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
the act excludes them from its operation,
is not so pervasive that it may be used to
validate or invalidate proceedings taken
before it goes into effective, since
procedure must be governed by the law
regulating it at the time the question of
procedure arises especially where vested
rights may be prejudiced. Accordingly,
Article 175 of the Family Code finds no
proper application to the instant case
since it will ineluctably affect adversely a
right of private respondent and,
consequentially, of the mind child she
represents, both of which have been
vested with the filing of the complaint in
court. The trial court is therefore, correct
in applying the provisions of Article 285
of the Civil Code and in holding that
private respondent's cause of action has
not yet prescribed.
Benitez v. CA
FACTS:
Spouses Vicente Benitez and Isabel
Chipongian were owners of various
properties located in Laguna. Isabel died
in 1982 while his husband died in 1989.
Vicentes sister and nephew filed a
complaint for the issuance of letters of
administration of Vicentes estate in
favor of the nephew, herein private
respondent. The petitioner, Marissa
Benitez-Badua, was raised and cared by
the deceased spouses since childhood,
though not related to them by blood, nor
legally adopted. The latter to prove that
she is the only legitimate child of the
spouses submitted documents such as
her certificate of live birth where the
spouses name were reflected as her
parents. She even testified that said
spouses continuously treated her as their
legitimate daughter. On the other hand,
the relatives of Vicente declared that said
spouses were unable to physically
procreate hence the petitioner cannot be
the biological child. Trial court decided in
favor of the petitioner as the legitimate
daughter and sole heir of the spouses.
ISSUE: WON petitioners certificate of live
birth will suffice to establish her
legitimacy.
HELD:
The Court dismissed the case for lack of
merit. The mere registration of a child in
his or her birth certificate as the child of
the supposed parents is not a valid
adoption. It does not confer upon the
child the status of an adopted child and
her legal rights. Such act amounts to
simulation of the child's birth or
falsification of his or her birth certificate,
which is a public document.
It is worthy to note that Vicente and
brother of the deceased wife executed a
Deed of Extra-Judicial Settlement of the
Estate of the latter. In the notarized
document, they stated that they were
the sole heirs of the deceased because
she died without descendants and
ascendants. In executing such deed,
Vicente effectively repudiated the
Certificate of Live Birth of the petitioner
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By: Marian Jane C. Alumbro

Session: 5th-12th Session

where it appeared that the was the she state any circumstance
petitioners father. whereby the other party may be
identified.
Rodriguez v. CA
On the other hand, private
A mother cannot impugn the legitimacy respondent argued that his mother
of the child. should be allowed to testify on the
Can a mother testify as to the legitimacy
identity of his father, pursuant to
of the child? That depends. Voluntarily,
paragraph 4, Article 283 of the Civil
Generally, NO (Expn) Compulsory as to
Code of the Philippines and Section
compel the father to recognize the child
30, Rule 130 of the Revised Rules
(Ex. Rape)
of Court.
We find that had the appellate
Article 283 of the Civil Code of the
court sanctioned the trial court's
Philippines provided:
disallowance of the testimony of
plaintiff's mother, private In any of the following cases, the
respondent would have been father is obliged to recognize the
deprived of a speedy and adequate child as his natural child:
remedy considering the importance
of said testimony and the (1) In cases of rape, abduction or
erroneous resolution of the trial seduction, when the period of the
court. offense coincides more or less with
that of the conception;
On the merits of his petition,
petitioner contended that Felicitas (2) When the child is in
Agbulos Haber should not be continuous possession of status of
allowed to reveal the name of the a child of the alleged father by the
father of private respondent direct acts of the latter or of his
because such revelation was family;
prohibited by Article 280 of the
(3) When the child was
Civil Code of the Philippines. Said
conceived during the time when
Article provided:
the mother cohabited with the
When the father or the mother supposed father;
makes the recognition separately,
(4) When the child has in his
he or she shall not reveal he name
favor any evidence or proof that
of the person with whom he or she
the defendant is his father.
had the child; neither shall he or
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By: Marian Jane C. Alumbro

Session: 5th-12th Session

paternity of the child. Neither are

Section 30, Rule 130 of the Revised
Rules of Court provides:
Testimony generally confined to
personal knowledge; hearsay
excluded. A witness can testify
only to those facts which he knows
of his own knowledge, that is,
which are derived from his own
perception, except as otherwise
provided in these rules.
Private respondent cannot invoke
our decision in Navarro v. Bacalla,
15 SCRA 114 (1965). While we
ruled in Navarro that the testimony
of the mother of the plaintiff in said
case, could be used to establish his
paternity, such testimony was
admitted during the trial without
objection and the defendant
accepted the finding of the trial
court that he was the father of the
plaintiff.
In the case at bench, petitioner
timely objected to the calling of the
mother of private respondent to
the witness stand to name
petitioner as the father of said
respondent.
Likewise, in Navarro we clearly
stated:
We are not ruling whether the mere
testimony of the mother, without
more, is sufficient to prove the
we ruling on the scope of Art. 280,
New Civil Code which enjoins the
mother in making a separate and
voluntary recognition of a child
from revealing the name of the
father, specifically, as to whether
the mother's testimony identifying
the father is admissible in an action
to compel recognition if and when
a timely objection to such oral
evidence is interposed (at p. 117).
Navarro, therefore, is not the end
but only the beginning of our
quest, which felicitously was
reached with our conclusion that
the prohibition in Article 280
against the identification of the
father or mother of a child applied
only in voluntary and not in
compulsory recognition. This
conclusion becomes abundantly
clear if we consider the relative
position of the progenitor of Article
280, which was Article 132 of the
Spanish Civil Code of 1889, with
the other provisions on the
acknowledgement of natural
children of the same Code.
Article 132 was found in Section I
(Acknowledgment of Natural
Children), Chapter IV (Illegitimate
Children), Title V (Paternity and
Filiation), Book First (Persons) of
the Spanish Civil Code of 1889.
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By: Marian Jane C. Alumbro

Session: 5th-12th Session

The first article in said Section No public officer shall authenticate

provided: any document drawn in violation of
this provision and should he do so
Art. 129 A natural child may be notwithstanding this prohibition
acknowledged by the father and shall be liable to a fine of from 125
mother jointly or by either of them to 500 pesetas, and the words
alone. containing such revelation shall be
striken out.
The next article provided:
Article 280 of the Civil Code of the
Art. 130 In case the
Philippines was found in Section 1
acknowledgment is made by only
(Recognition of Natural Children),
one of the parents, it shall be
Chapter 4 (Illegitimate Children),
presumed that the child is a natural
Title VIII (Paternity and Filiation) of
one if the parent acknowledging it
said Code. The whole section was
was, at the time of the conception,
repealed by the Family Code.
legally competent to contract
marriage. The first article of this section was
Article 276 which was a
The article immediately preceding
reproduction of Article 129 of the
Article 132 provided:
Spanish Civil Code. The second
Art. 131 The acknowledgment of article was Article 277 which was a
a natural child must be made in the reproduction of Article 130 of the
record of birth, in a will, or in some Spanish Civil Code. The third article
other public document. was Article 278 which was a
reproduction of Article 131 of the
Article 132 of the Spanish Civil Spanish Civil Code.
Code provided:
However, unlike in the Spanish Civil
When the acknowledgment is Code, wherein the progenitor of
made separately by the father or Article 280 followed immediately
the mother, the name of the child's the progenitor of Article 278, a new
other parent shall not be revealed provision was inserted to separate
by the parent acknowledging it, nor Article 280 from Article 278. The
shall any circumstance be new provision, Article 279,
mentioned by which such person provided:
might be recognized.

45
 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

A minor who may contract (1) The open and continuous

marriage without parental consent possession of the status of a
cannot acknowledge a natural legitimate child; or
child, unless the parent or guardian
approves the acknowledgment, or (2) Any other means allowed by
unless the recognition is made in the Rules of Court and special laws.
the will. (265a, 266a, 267a)

If the sequencing of the provisions in the Of interest is that Article 172 of the
Spanish Civil Code were maintained in Family Code adopts the rule in
the Civil Code of the Philippines, and Article 283 of the Civil Code of the
Article 280 was numbered Article 279, it Philippines, that filiation may be
becomes clear that the prohibition proven by "any evidence or proof
against the identification by the parent that the defendant is his father."
acknowledging a child of the latter's
WHEREFORE, the Decision of the Court of
other parent refers to the voluntary
Appeals is AFFIRMED. The trial court is
recognition provided for in Article 278.
DIRECTED to PROCEED with dispatch in
Under Article 172 of the Family
the disposition of the action for
Code, filiation of legitimate children
compulsory recognition.
is by any of the following:
Adoption
The filiation of legitimate children
Family Code:
is established by any of the ADOPTION
following:
Art. 183. A person of age and in
(1) The record of birth appearing possession of full civil capacity and
in the civil register or a final legal rights may adopt, provided he
judgment; or is in a position to support and care
for his children, legitimate or
(2) An admission of legitimate
illegitimate, in keeping with the
filiation in a public document or a
means of the family.
private handwritten instrument and
Only minors may be adopted,
signed by the parent concerned.
except in the cases when the
In the absence of the foregoing adoption of a person of majority
evidence, the legitimate filiation age is allowed in this Title.
shall be proved by:
In addition, the adopter must be at
least sixteen years older than the
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

person to be adopted, unless the may be provided by law. (28a, E. O.

adopter is the parent by nature of 91 and PD 603)
the adopted, or is the spouse of the Art. 185. Husband and wife must
legitimate parent of the person to jointly adopt, except in the
be adopted. (27a, E. O. 91 and PD following cases:
603)
(1) When one spouse seeks to
Art. 184. The following persons adopt his own illegitimate child; or
may not adopt: (2) When one spouse seeks to
adopt the legitimate child of the
(1) The guardian with respect to other. (29a, E. O. 91 and PD 603)
the ward prior to the approval of
the final accounts rendered upon Art. 186. In case husband and wife
the termination of their jointly adopt or one spouse adopts
guardianship relation; the legitimate child of the other,
(2) Any person who has been joint parental authority shall be
convicted of a crime involving exercised by the spouses in
moral turpitude; accordance with this Code. (29a, E.
O. and PD 603)
(3) An alien, except: Art. 187. The following may not be
adopted:

(a) A former Filipino citizen who (1) A person of legal age, unless he
seeks to adopt a relative by or she is a child by nature of the
consanguinity; adopter or his or her spouse, or,
(b) One who seeks to adopt the prior to the adoption, said person
legitimate child of his or her Filipino has been consistently considered
spouse; or and treated by the adopter as his
or her own child during minority.
(c) One who is married to a Filipino
(2) An alien with whose
citizen and seeks to adopt jointly
government the Republic of the
with his or her spouse a relative by
Philippines has no diplomatic
consanguinity of the latter.
relations; and
Aliens not included in the foregoing
(3) A person who has already been
exceptions may adopt Filipino
adopted unless such adoption has
children in accordance with the
been previously revoked or
rules on inter-country adoptions as
rescinded. (30a, E. O. 91 and PD
603)
47
 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Art. 188. The written consent of the
following to the adoption shall be
necessary:
(1) The person to be adopted, if ten
years of age or over,
(2) The parents by nature of the
child, the legal guardian, or the
proper government
instrumentality;
(3) The legitimate and adopted
children, ten years of age or over,
of the adopting parent or parents;
(4) The illegitimate children, ten
years of age or over, of the
adopting parent, if living with said
parent and the latter's spouse, if
any; and
(5) The spouse, if any, of the
person adopting or to be adopted.
(31a, E. O. 91 and PD 603)
Art. 189. Adoption shall have the
following effects:
(1) For civil purposes, the adopted
shall be deemed to be a legitimate
child of the adopters and both shall
acquire the reciprocal rights and
obligations arising from the
relationship of parent and child,
including the right of the adopted
to use the surname of the
adopters;
(2) The parental authority of the
parents by nature over the adopted
shall terminate and be vested in
the adopters, except that if the
adopter is the spouse of the parent
by nature of the adopted, parental
authority over the adopted shall be
exercised jointly by both spouses;
and
(3) The adopted shall remain an
intestate heir of his parents and
other blood relatives. (39(1)a, (3)a,
PD 603)
Art. 190. Legal or intestate
succession to the estate of the
adopted shall be governed by the
following rules:
(1) Legitimate and illegitimate
children and descendants and the
surviving spouse of the adopted
shall inherit from the adopted, in
accordance with the ordinary rules
of legal or intestate succession;
(2) When the parents, legitimate or
illegitimate, or the legitimate
ascendants of the adopted concur
with the adopter, they shall divide
the entire estate, one-half to be
inherited by the parents or
ascendants and the other half, by
the adopters;
(3) When the surviving spouse or
the illegitimate children of the
adopted concur with the adopters,
they shall divide the entire estate
in equal shares, one-half to be
inherited by the spouse or the
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

illegitimate children of the adopted Art. 192. The adopters may petition
and the other half, by the adopters. the court for the judicial rescission
of the adoption in any of the
(4) When the adopters concur with following cases:
the illegitimate children and the
surviving spouse of the adopted, (1) If the adopted has committed
they shall divide the entire estate any act constituting ground for
in equal shares, one-third to be disinheriting a descendant; or
inherited by the illegitimate (2) When the adopted has
children, one-third by the surviving abandoned the home of the
spouse, and one-third by the adopters during minority for at
adopters; least one year, or, by some other
acts, has definitely repudiated the
(5) When only the adopters adoption. (41a, PD 603)
survive, they shall inherit the entire
estate; and Art. 193. If the adopted minor has
not reached the age of majority at
(6) When only collateral blood the time of the judicial rescission of
relatives of the adopted survive, the adoption, the court in the same
then the ordinary rules of legal or proceeding shall reinstate the
intestate succession shall apply. parental authority of the parents by
(39(4)a, PD 603) nature, unless the latter are
disqualified or incapacitated, in
Art. 191. If the adopted is a minor
which case the court shall appoint
or otherwise incapacitated, the
a guardian over the person and
adoption may be judicially
property of the minor. If the
rescinded upon petition of any
adopted person is physically or
person authorized by the court or
mentally handicapped, the court
proper government instrumental
shall appoint in the same
acting on his behalf, on the same
proceeding a guardian over his
grounds prescribed for loss or
person or property or both.
suspension of parental authority. If Judicial rescission of the adoption
the adopted is at least eighteen shall extinguish all reciprocal rights
years of age, he may petition for and obligations between the
judicial rescission of the adoption adopters and the adopted arising
on the same grounds prescribed for from the relationship of parent and
disinheriting an ascendant. (40a, child. The adopted shall likewise
PD 603) lose the right to use the surnames
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
of the adopters and shall resume
his surname prior to the adoption.
The court shall accordingly order the
amendment of the records in the proper
registries.
Special Laws:
REPUBLIC ACT NO. 8043
. (g) Matching refers to the judicious pairing of the
. adoptive child and the applicant to promote a
AN ACT ESTABLISHING THE RULES TO GOVERN
INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN,
AND FOR OTHER PURPOSES.
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as
the "Inter-Country Adoption Act of 1995."
Sec. 2. Declaration of Policy. It is hereby declared
the policy of the State to provide every neglected
and abandoned child with a family that will provide
such child with love and care as well as opportunities
for growth and development. Towards this end,
efforts shall be exerted to place the child with an
adoptive family in the Philippines. However,
recognizing that inter-country adoption may be
considered as allowing aliens not presently allowed
by law to adopt Filipino children if such children
cannot be adopted by qualified Filipino citizens or
aliens, the State shall take measures to ensure that
inter-country adoptions are allowed when the same
shall prove beneficial to the child's best interests,
and shall serve and protect his/her fundamental
rights.chan robles virtual law library
Sec. 3. Definition of Terms. As used in this Act. the
term:
(a) Inter-country adoption refers to the socio-legal
process of adopting a Filipino child by a foreigner or a
Filipino citizen permanently residing abroad where
the petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued
outside the Philippines.
chan robles virtual law library
(b) Child means a person below fifteen (15) years of
age unless sooner emancipated by law.
(c) Department refers to the Department of Social
Welfare and Development of the Republic of the
Philippines.
(d) Secretary refers to the Secretary of the
Department of Social Welfare and Development.
(e) Authorized and accredited agency refers to the
State welfare agency or a licensed adoption agency
in the country of the adopting parents which provide
comprehensive social services and which is duly
recognized by the Department.
(f) Legally-free child means a child who has been
voluntarily or involuntarily committed to the
Department, in accordance with the Child and Youth
Welfare Code.
mutually satisfying parent-child relationship.
(h) Board refers to the Inter-country Adoption Board.
ARTICLE II
THE INTER-COUNTRY ADOPTION BOARD
Sec. 4. The Inter-Country Adoption Board. There is
hereby created the Inter-Country Adoption Board,
hereinafter referred to as the Board to act as the
central authority in matters relating to inter-country
adoption. It shall act as the policy-making body for
purposes of carrying out the provisions of this Act, in
consultation and coordination with the Department,
the different child-care and placement agencies,
adoptive agencies, as well as non-governmental
organizations engaged in child-care and placement
activities. As such, it shall:
(a) Protect the Filipino child from abuse, exploitation,
trafficking and/or sale or any other practice in
connection with adoption which is harmful,
detrimental, or prejudicial to the child;
chan robles virtual law library
(b) Collect, maintain, and preserve confidential
information about the child and the adoptive parents;
(c) Monitor, follow up, and facilitate completion of
adoption of the child through authorized and
accredited agency;
(d) Prevent improper financial or other gain in
connection with an adoption and deter improper
practices contrary to this Act;
(e) Promote the development of adoption services
including post-legal adoption;
(f) License and accredit child-caring/placement
agencies and collaborate with them in the placement
of Filipino children;
(g) Accredit and authorize foreign adoption agency in
the placement of Filipino children in their own
country; and
50
 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
(h) Cancel the license to operate and blacklist the
child-caring and placement agency or adoptive
agency involved from the accreditation list of the
Board upon a finding of violation of any provision
under this Act.
Sec. 5. Composition of the Board. The Board shall
be composed of the Secretary of the Department as
ex officio Chairman, and six (6) other members to be
appointed by the President for a nonrenewable term
of six (6) years: Provided, That there shall be
appointed one (1) psychiatrist or psychologist, two
(2) lawyers who shall have at least the qualifications
of a regional trial court judge, one (1) registered
social worker and two (2) representatives from non-
governmental organizations engaged in child-caring
and placement activities. The members of the Board
shall receive a per diem allowance of One thousand
five hundred pesos (P1,500) for each meeting
attended by them: Provided, further, That no
compensation shall be paid for more than four (4)
meetings a month.chan robles virtual law library
chan robles virtual law library
Sec. 6. Powers and Functions of the Board. The
Board shall have the following powers and functions:
(a) to prescribe rules and regulations as it may deem
reasonably necessary to carry out the provisions of
this Act, after consultation and upon favorable
recommendation of the different agencies concerned
with the child-caring, placement, and adoption;
chan robles virtual law library
(b) to set the guidelines for the convening of an Inter-
country Adoption Placement Committee which shall
be under the direct supervision of the Board;
(c) to set the guidelines for the manner by which
selection/matching of prospective adoptive parents
and adoptive child can be made;
(d) to determine a reasonable schedule of fees and
charges to be exacted in connection with the
application for adoption;
(e) to determine the form and contents of the
application for inter-country adoption;
(g) to institute systems and procedures to prevent
improper financial gain in connection with adoption
and deter improper practices which are contrary to
this Act;
(h) to promote the development of adoption services,
including post-legal adoption services,
(i) to accredit and authorize foreign private adoption
agencies which have demonstrated professionalism,
competence and have consistently pursued non-
profit objectives to engage in the placement of
Filipino children in their own country: Provided, That
such foreign private agencies are duly authorized
and accredited by their own government to conduct
inter-country adoption: Provided, however, That the
total number of authorized and accredited foreign
private adoption agencies shall not exceed one
hundred (100) a year;
(j) to take appropriate measures to ensure
confidentiality of the records of the child, the natural
parents and the adoptive parents at all times;
(k) to prepare, review or modify, and thereafter,
recommend to the Department of Foreign Affairs,
Memoranda of Agreement respecting inter-country
adoption consistent with the implementation of this
Act and its stated goals, entered into, between and
among foreign governments, international
organizations and recognized international non-
governmental organizations;
(l) to assist other concerned agencies and the courts
in the implementation of this Act, particularly as
regards coordination with foreign persons, agencies
and other entities involved in the process of adoption
and the physical transfer of the child; and
(m) to perform such other functions on matters
relating to inter-country adoption as may be
determined by the President.
ARTICLE III
PROCEDURE
Sec. 7. Inter-Country Adoption as the Last Resort.
The Board shall ensure that all possibilities for
adoption of the child under the Family Code have
been exhausted and that inter-country adoption is in
the best interest of the child. Towards this end, the
Board shall set up the guidelines to ensure that steps
will be taken to place the child in the Philippines
before the child is placed for inter-country adoption:
Provided, however, That the maximum number that
may be allowed for foreign adoption shall not exceed
six hundred (600) a year for the first five (5)
years.chan robles virtual law library
Sec. 8. Who May be Adopted. Only a legally free
child may be the subject of inter-country adoption. In
order that such child may be considered for
placement, the following documents must be
submitted to the Board:
(a)Child study;
chan robles virtual law library
(b)Birth certificate/foundling certificate;
(c)Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
(d)Medical evaluation /history;
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
(e)Psychological evaluation, as necessary; and
(f)Recent photo of the child.
Sec. 9. Who May Adopt. An alien or a Filipino
citizen permanently residing abroad may file an
application for inter-country adoption of a Filipino
child if he/she:
(a) is at least twenty-seven (27) years of age and at
least sixteen (16) years older than the child to be
adopted, at the time of application unless the
adopter is the parent by nature of the child to be
adopted or the spouse of such parent:
chan robles virtual law library
(b) if married, his/her spouse must jointly file for the
adoption;
(c) has the capacity to act and assume all rights and
responsibilities of parental authority under his
national laws, and has undergone the appropriate
counseling from an accredited counselor in his/her
country;
(d) has not been convicted of a crime involving moral
turpitude;chan robles virtual law library
(e) is eligible to adopt under his/her national law;
(f) is in a position to provide the proper care and
support and to give the necessary moral values and
example to all his children, including the child to be
adopted;
(g) agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N. Convention
on the Rights of the Child, and to abide by the rules
and regulations issued to implement the provisions of
this Act;
(h) comes from a country with whom the Philippines
has diplomatic relations and whose government
maintains a similarly authorized and accredited
agency and that adoption is allowed under his/her
national laws; and
(i) possesses all the qualifications and none of the
disqualifications provided herein and in other
applicable Philippine laws.
Sec. 10. Where to File Application. An application
to adopt a Filipino child shall be filed either with the
Philippine Regional Trial Court having jurisdiction over
the child, or with the Board, through an intermediate
agency, whether governmental or an authorized and
accredited agency, in the country of the prospective
adoptive parents, which application shall be in
accordance with the requirements as set forth in the
implementing rules and regulations to be
promulgated by the Board.
The application shall be supported by the following
documents written and officially translated in English.
(a) Birth certificate of applicant(s);
chan robles virtual law library
(b) Marriage contract, if married, and divorce decree,
if applicable;
(c) Written consent of their biological or adoptive
children above ten (10) years of age, in the form of
sworn statement;
(d) Physical, medical and psychological evaluation by
a duly licensed physician and psychologist;
(e) Income tax returns or any document showing the
financial capability of the applicant(s);
(f) Police clearance of applicant(s);
(g) Character reference from the local
church/minister, the applicant's employer and a
member of the immediate community who have
known the applicant(s) for at least five (5) years; and
(h) Recent postcard-size pictures of the applicant(s)
and his immediate family;
The Rules of Court shall apply in case of adoption by
judicial proceedings.
chan robles virtual law library
Sec. 11. Family Selection/Matching. No child shall
be matched to a foreign adoptive family unless it is
satisfactorily shown that the child cannot be adopted
locally. The clearance, as issued by the Board, with
the copy of the minutes of the meetings, shall form
part of the records of the child to be adopted. When
the Board is ready to transmit the Placement
Authority to the authorized and accredited inter-
country adoption agency and all the travel
documents of the child are ready, the adoptive
parents, or any one of them, shall personally fetch
the child in the Philippines.chan robles virtual law
library
Sec. 12. Pre-adoptive Placement Costs. The
applicant(s) shall bear the following costs incidental
to the placement of the child;
(a) The cost of bringing the child from the Philippines
to the residence of the applicant(s) abroad, including
all travel expenses within the Philippines and abroad;
and
chan robles virtual law library
(b) The cost of passport, visa, medical examination
and psychological evaluation required, and other
related expenses.
Sec. 13. Fees, Charges and Assessments. Fees,
charges, and assessments collected by the Board in
the exercise of its functions shall be used solely to
process applications for inter-country adoption and to
support the activities of the Board.
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
chan robles virtual law library
Sec. 14. Supervision of Trial Custody. The
governmental agency or the authorized and
accredited agency in the country of the adoptive
parents which filed the application for inter-country
adoption shall be responsible for the trial custody
and the care of the child. It shall also provide family
counseling and other related services. The trial
custody shall be for a period of six (6) months from
the time of placement. Only after the lapse of the
period of trial custody shall a decree of adoption be
issued in the said country a copy of which shall be
sent to the Board to form part of the records of the
child.chan robles virtual law library
During the trial custody, the adopting parent(s) shall
submit to the governmental agency or the authorized
and accredited agency, which shall in turn transmit a
copy to the Board, a progress report of the child's
adjustment. The progress report shall be taken into
consideration in deciding whether or not to issue the
decree of adoption.
The Department of Foreign Affairs shall set up a
system by which Filipino children sent abroad for trial
custody are monitored and checked as reported by
the authorized and accredited inter-country adoption
agency as well as the repatriation to the Philippines
of a Filipino child whose adoption has not been
approved.
Sec. 15. Executive Agreements. The Department
of Foreign Affairs, upon representation of the Board,
shall cause the preparation of Executive Agreements
with countries of the foreign adoption agencies to
ensure the legitimate concurrence of said countries
in upholding the safeguards provided by this Act.
ARTICLE IV
PENALTIES
Sec. 16. Penalties. (a) Any person who shall
knowingly participate in the conduct or carrying out
of an illegal adoption, in violation of the provisions of
this Act, shall be punished with a penalty of
imprisonment ranging from six (6) years and one (1)
day to twelve (12) years and/or a fine of not less than
Fifty thousand pesos (P50,000), but not more than
Two hundred thousand pesos (P200.000), at the
discretion of the court. For purposes of this Act, an
adoption is illegal if it is effected in any manner
contrary to the provisions of this Act or established
State policies, its implementing rules and
regulations, executive agreements, and other laws
pertaining to adoption. Illegality may be presumed
from the following acts:
(1)consent for an adoption was acquired through, or
attended by coercion, fraud, improper material
inducement;
chan robles virtual law library
(2)there is no authority from the Board to effect
adoption;
(3)the procedures and safeguards placed under the
law for adoption were not complied with; and
(4)the child to be adopted is subjected to, or exposed
to danger, abuse and exploitation.
(b)Any person who shall violate established
regulations relating to the confidentiality and
integrity of records, documents and communications
of adoption applications, cases and processes shall
suffer the penalty of imprisonment ranging from one
(1) year and one (1) day to two (2) years, and/or a
fine of not less than Five thousand pesos (P5,000),
but not more than Ten thousand pesos (P10,000), at
the discretion of the court.
chan robles virtual law library
A penalty lower by two (2) degrees than that
prescribed for the consummated felony under this
Article shall be imposed upon the principals of the
attempt to commit any of the acts herein
enumerated.
Acts punishable under this Article, when committed
by a syndicate or where it involves two or more
children shall be considered as an offense
constituting child trafficking and shall merit the
penalty of reclusion perpetua.
Acts punishable under this Article are deemed
committed by a syndicate if carried out by a group of
three (3) or more persons conspiring and/or
confederating with one another in carrying out any of
the unlawful acts defined under this Article.Penalties
as are herein provided shall be in addition to any
other penalties which may be imposed for the same
acts punishable under other laws, ordinances,
executive orders, and proclamations.chan robles
virtual law library
Sec. 17. Public Officers as Offenders. Any
government official, employee or functionary who
shall be found guilty of violating any of the provisions
of this Act, or who shall conspire with private
individuals shall, in addition to the above-prescribed
penalties, be penalized in accordance with existing
civil service laws, rules and regulations: Provided,
That upon the filing of a case, either administrative
or criminal, said government official, employee or
functionary concerned shall automatically suffer
suspension until the resolution of the case.
ARTICLE V
FINAL PROVISIONS
53
 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Sec. 18. Implementing Rules and Regulations. The
Inter-country Adoption Board, in coordination with
the Council for the Welfare of Children, the
Department of Foreign Affairs, and the Department of
Justice, after due consultation with agencies involved
in child-care and placement, shall promulgate the
necessary rules and regulations to implement the
provisions of this Act within six (6) months after its
effectivity.
Sec. 19. Appropriations. The amount of Five million
pesos (P5,000,000) is hereby appropriated from the
proceeds of the Lotto for the initial operations of the
Board and subsequently the appropriations of the
same shall be included in the General Appropriations
Act for the year following its enactment.
Sec. 20. Separability Clause. If any provision, or
part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise
affected, shall remain valid and subsisting.
Sec. 21. Repealing Clause. Any law, decree,
executive order, administrative order or rules and
regulations contrary to, or inconsistent with the
provisions of this Act are hereby repealed, modified
or amended accordingly.chan robles virtual law
library
Sec. 22. Effectivity Clause. This Act shall take
effect fifteen (15) days after its publication in two (2)
newspapers of general circulation.
REPUBLIC ACT NO. 8552
AN ACT ESTABLISHING THE RULES AND POLICIES ON
THE DOMESTIC ADOPTION OF FILIPINO CHILDREN
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
ARTICLE I
General Provisions
SECTION 1. Short Title.- This Act shall be known as
the "Domestic Adoption Act of 1998."
SEC. 2. Declaration of Policies.-
a) It is hereby declared the policy of the State
to ensure that every child remains under the care of
his/her parent(s) and be provided with love, care,
understanding and security towards the full and
harmonious development of his/her personality. Only
when such efforts prove insufficient and no
appropriate placement or adoption within the child's
extended family is available shall adoption by an
unrelated person be considered.
b) In all matters relating to the care, custody
and adoption of a child, his/her interest shall be
paramount consideration in accordance with the
tenets set forth in the United Nations (UN)
Convention on the Rights of the Child; UN Declaration
on Social and Legal Principles Relating to the
Protection and Welfare of Children with Special
Reference to Foster Placement and Adoption,
Nationally and Internationally; and the Hague
Convention on the Protection of Children and
Cooperation in Respect of Intercountry Adoption.
Towards this end, the State shall provide alternative
protection and assistance through foster care or
adoption for every child who is neglected, orphaned
or abandoned.
c) It shall also be a State policy to:
(i) Safeguard the biological parent(s) from
making hurried decisions to relinguish his/her
parental authority over his/her own child;
(ii) Prevent the child from unnecessary
separation from his/her biological parent(s);
(iii) Protect adoptive parent(s) from attempts to
disturb his/her parental authority and custody over
his/her adopted child.
Any voluntary or involuntary termination of
parental authority shall be administratively or
judicially declared so as to establish the status of the
child as "legally available for adoption" and his/her
custody transferred to the Department of Social
Welfare and Development or to any duly licensed and
accredited child-placing or child-caring agency, which
entity shall be authorized to take steps for the
permanent placement of the child;
(iv) Conduct public information and educational
campaigns to promote a positive environment for
adoption;
(v) Ensure that sufficient capacity exists within
government and private sector agencies to handle
adoption inquiries, process domestic adoption
applications, and offer adoption-related services
including but not limited to, parent preparation and
post-adoption education and counselling; and
(vi) Encourage domestic adoption so as to
preserve the child's identity and culture in his/her
native land, and only when this is not available shall
intercountry adoption be considered as a last resort.
SEC. 3. Definition of Terms.- For purposes of this Act,
the following terms shall be defined as:
a) "Child" is a person below eighteen (18)
years of age.
b) "A child legally available for adoption" refers
to a child who has been voluntarily or involuntarily
committed to the Department or to a duly licensed
and accredited child-placing or child-caring agency,
freed of the parental authority of his/her biological
parent(s) or guardian or adopter(s) in case of
rescission of adoption.
c) "Voluntarily committed child" is one whose
parent(s) knowingly and willingly relinguishes
parental authority to the Department.
d) "Involuntarily committed child" is one whose
parent(s), known or unknown, has been permanently
and judicially deprived of parental authority due to
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By: Marian Jane C. Alumbro
Session: 5th-12th Session
abandonment; substantial, continuous, or repeated
neglect; abuse; or incompetence to discharge
parental responsibilities.
e) "Abandoned child" refers to one who has no
proper parental care or guardianship or whose
parent(s) has deserted him/her for a period of at
least six (6) continuous months and has been
judicially declared as such.
f) "Supervised trial custody" is a period of time
within which a social worker overseas the adjustment
and emotional readiness of both adopter(s) and
adoptee in stabilizing their filial relationship.
g) "Department" refers to the Department of
Social Welfare and Development.
h) "Child-placing agency" is a duly licensed
and accredited agency by the Department to provide
comprehensive child welfare services including, but
not limited to, receiving applications for adoption,
evaluating the prospective adoptive parents, and
preparing the adoption home study.
i) "Child-caring agency" is a duly licensed and
accredited agency by the Department that provides
twenty four (24) hour residential care services for
abandoned, orphaned, neglected, or voluntarily
committed children.
j) "Simulation of birth" is the tampering of the
civil registry making it appear in the birth records
that a certain child was born to a person who is not
his/her biological mother, causing such child to lose
his/her true identity and status.
ARTICLE II
Pre-Adoption Services
SEC. 4. Counselling Services.- The Department shall
provide the services of licensed social workers to the
following:
a) Biological Parent(s) - Counselling shall be
provided to the parent(s) before and after birth of
his/her child. No binding commitment to an adoption
plan shall be permitted before the birth of his/her
child. a period of six (6) months shall be allowed for
the biological parent(s) to reconsider any decision to
relinguish his/her child for adoption before the
decision becomes irrevocable. Counselling and
rehabilitation services shall also be offered to the
biological parent(s) after he/she has relinguished
his/her child for adoption.
Steps shall be taken by the department to
ensure that no hurried decisions are made and all
alternatives for the child's future and the implications
of each alternative have been provided.
b) Prospective Adoptive Parent(s) - Counselling
sessions, adoption fora and seminars, among others,
shall be provided to prospective adoptive parent(s) to
resolve possible adoption issues and to prepare
him/her for effective parenting.
c) Prospective Adoptee - Counselling sessions
shall be provided to ensure that he/she understands
the nature and effects of adoption and is able to
express his/her views on adoption in accordance with
his/her age and level of maturity.
SEC. 5. Location of Unknown Parent(s).- It shall be
the duty of the Department or the child-placing or
child-caring agency which has custody of the child to
exert all efforts to locate his/her unknown biological
parent(s). If such efforts fail, the child shall be
registered as a foundling and subsequently be the
subject of legal proceedings where he/she shall be
declared abandoned.
SEC. 6. Support Services.- The Department shall
develop a pre-adoption program which shall include,
among others, the above mentioned services.
ARTICLE III
Eligibility
SEC. 7. Who May Adopt.- The following may adopt:
a) Any Filipino citizen of legal age, in
possession of full civil capacity and legal rights, of
good moral character, has not been convicted of any
crime involving moral turpitude, emotionally and
psychologically capable of caring for children, at
least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her
children in keeping with the means of the family. The
requirement of sixteen (16) years difference between
the age of the adopter and the adoptee may be
waived when the adopter is the biological parent of
the adoptee, or is the spouse of the adoptee's
parent;
b) Any alien possessing the same qualification
as above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been
living in the Philippines for at least three (3)
continuous years prior to the filing of the application
for adoption and maintains such residence until the
adoption decree is entered, that he/she has been
certified by his/her diplomatic or consular office or
any appropriate government agency that he/she has
the legal capacity to adopt in his/her country, and
that his/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter:
Provided, further, That the requirements on residency
and certification of the alien's qualifications to adopt
in his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt
a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and
seeks to adopt jointly with his/her spouse a relative
within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
c) The guardian with respect to the ward after
the termination of the guardianship and clearance of
his/her financial accountabilities.
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Session: 5th-12th Session
Husband and wife shall jointly adapt, except
in the following cases:
(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own
illegitimate son/daughter: Provided, however, That
the other spouse has signified his/her consent
thereto; or
(iii) if the spouses are legally separated from
each other.
In case husband and wife jointly adopt, or one
spouse adopts the illegitimate son/daughter of the
other, joint parental authority shall be exercised by
the spouses.
SEC. 8. Who May Be Adopted. The following may be
adopted:
a) Any person below eighteen (18) years of
age who has been administratively or judicially
declared available for adoption;
b) The legitimate son/daughter of one spouse
by the other spouse;
c) An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy;
d) A person of legal age, if prior to the
adoption, said person has been consistently
considered and treated by the adopter(s) as his/her
own child since minority;
e) A child whose adoption has been previously
rescinded; or
f) A child whose biological or adoptive
parent(s) has died: Provided, That no proceedings
shall be initiated within six (6) months from the time
of death of said parent(s).
SEC. 9. Whose Consent is Necessary to the
Adoption.- After being properly counselled and
informed of his/her right to give or withhold his/her
approval of the adoption, the written consent of the
following to the adoption is hereby required:
a) The adoptee, if ten (10) years of age or
over;
b) The biological parent(s) of the child, if
known, or the legal guardian, or the proper
government instrumentality which has legal custody
of the child;
c) The legitimate and adopted sons/daughters,
ten (10) years of age or over, of the adopter(s) and
adoptee, if any:
d) The illegitimate sons/daughters, ten (10)
years of age or over, of the adopter if living with said
adopter and the latter's spouse, if any; and
e) The spouse, if any, of the person adopting
or to be adopted.
ARTICLE IV
Procedure
SEC. 10. Hurried Decisions.- In all proceedings for
adoption, the court shall require proof that the
biological parent(s) has been properly counselled to
prevent him/her from making hurried decisions
caused by strain or anxiety to give up the child, and
to sustain that all measures to strengthen the family
have been exhausted and that any prolonged stay of
the child in his/her own home will be inimical to
his/her welfare and interest.
SEC. 11. Case Study.- No petition for adoption shall
be set for hearing unless a licensed social worker of
the Department, the social service office of the local
government unit, or any child-placing or child-caring
agency had made a case study of the adoptee,
his/her biological parent(s), as well as the adopter(s),
and has submitted the report and recommendations
on the matter to the court hearing such petition.
At the time of preparation of the adoptee's case
study, the concerned social worker shall confirm with
the civil Registry the real identity and registered
name of the adoptee. If the birth of the adoptee was
not registered with the Civil Registry, it shall be the
responsibility of the concerned social worker to
ensure that the adoptee is registered.
The case study on the adoptee shall establish that
he/she is legally available for adoption and that the
documents to support this fact are valid and
authentic. Further, the case study of the adopter(s)
shall ascertain his/her genuine intentions and that
the adoption in the best interest of the child.
The Department shall intervene on behalf of the
adoptee if it finds, after the conduct of the case
studies, that the petition should be denied. The case
studies and other relevant documents and records
pertaining to the adoptee and the adoption shall be
preserved by the Department.
SEC. 12. Supervised Trial Custody.- No petition for
adoption shall be finally granted until the adopter(s)
has been given by the court a supervised trial
custody period for at least six (6) months within
which the parties are expected to adjust
psychologically and emotionally to each other and
establish a bonding relationship. During said period,
temporary parental authority shall be vested in the
adopter(s).
The court may motu proprio or upon motion of any
party reduce the trial period if it finds the same to be
in the best interest of the adoptee, stating the
reasons for the reduction of the period. However, for
alien adopter(s), he/she must complete the six (6)
month trial custody except for those enumerated in
Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is
placed with the prospective adopter(s) through a pre-
adoption placement authority issued by the
Department, the prospective adopter(s) shall enjoy
all the benefits to which biological parent(s) is
entitled from the date the adoptee is placed with the
prospective adopter(s).
SEC. 13. Decree of Adoption.- If, after the publication
of the order of hearing has been complied with, and
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By: Marian Jane C. Alumbro
Session: 5th-12th Session
no opposition has been interposed to the petition,
and after consideration of the case studies, the
qualifications of the adopter(s), trial custody report
and the evidence submitted, the court is convinced
that the petitioners are qualified to adopt, and that
the adoption would redound to the best interest of
the adoptee, a decree of adoption shall be entered
which shall be effective as of the date the original
petition was filed. This provision shall also apply in
case the petitioner(s) dies before the issuance of the
decree of adoption to protect the interest of the
adoptee. The decree shall state the name by which
the child is to be known.
SEC. 14. Civil Registry Record.- An amended
certificate of birth shall be issued by the Civil
Registry, as required by the Rules of Court, attesting
to the fact that the adoptee is the child of the
adopter(s) by being registered with his/her surname.
The original certificate of birth shall be stamped
"cancelled" with the annotation of the issuance of an
amended birth certificate in its place and shall be
sealed in the civil registry records. The new birth
certificate to be issued to the adoptee shall not bear
any notation that it is an amended issue.
SEC. 15. Confidential Nature of Proceedings and
Records.- All hearings in adoption cases shall be
confidential and shall not be open to the public. All
records, books, and papers relating to the adoption
cases in the files of the court, the Department, or any
other agency or institution participating in the
adoption proceedings shall be kept strictly
confidential.
If the court finds that the disclosure of the
information to a third person is necessary for
purposes connected with or arising out of the
adoption and will be for the best interest of the
adoptee, the court may merit the necessary
information to be released, restricting the purposes
for which it may be used.
ARTICLE V
Effects of Adoption
SEC. 16. Parental Authority.- Except in cases where
the biological parent is the spouse of the adopter, all
legal ties between the biological parent(s) and the
adoptee shall be severed and the same shall then be
vested on the adopter(s).
SEC. 17. Legitimacy.- The adoptee shall be
considered the legitimate son/daughter of the
adopter(s) for all intents and purposes as such is
entitled to all the rights and obligations provided by
law to legitimate sons/daughters born to them
without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance and support in
keeping with the means of the family.
SEC. 18. Succession.- In legal and intestate
succession, the adopter(s) and the adoptee shall
have reciprocal rights of succession without
distinction from legitimate filiation. However, if the
adoptee and his/her biological parent(s) had left a
will, the law on testamentary succession shall
govern.
ARTICLE VI
Rescission of Adoption
SEC. 19. Ground for Rescission of Adoption.- Upon
petition of the adoptee, with the assistance of the
Department if a minor or if over eighteen (18) years
of age but is not incapacitated, as guardian or
counsel, the adoption may be rescinded on any of
the following grounds committed by the adopter(s):
(a) repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counselling; (b)
attempt on the life of the adoptee; (c) sexual assault
or violence; or (d) abandonment and failure to
comply with parental obligations.
Adoption, being in the interest of the child, shall not
be subject to rescission by the adopter(s). However,
the adopter(s) may disinherit the adoptee for causes
provided in Article 919 of the Civil Code.
SEC. 20. Effects of Rescission.- If the petition is
granted, the parental authority of the adoptee's
biological parent(s), if known, or the legal custody of
the Department shall be restored if the adoptee is
still a minor or incapacitated. The reciprocal rights
and obligations of the adopter(s) and the adoptee to
each other shall be extinguished.
The court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and
restore his/her original birth certificate.
Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
All the foregoing effects of rescission of adoption
shall be without prejudice to the penalties imposable
under the Penal Code if the criminal acts are properly
proven.
ARTICLE VII
Violations and Penalties
SEC. 21. Violations and Penalties.-
a) The penalty of imprisonment ranging from
six (6) years and one (1) day to twelve (12) years
and/or a fine of not less than Fifty thousand pesos
(P50,000.00), but not more than Two hundred
thousand pesos (P200,000.00) at the discretion of
the court shall be imposed on any person who shall
commit any of the following acts:
i) obtaining consent for an adoption through
coercion, undue influence, fraud, improper material
inducement, or other similar acts;
ii) noncompliance with the procedures and
safeguards provided by the law for adoption; or
iii) subjecting or exposing the child to be
adopted to danger, abuse, or exploitation.
b) Any person who shall cause the fictitious
registration of the birth of a child under the name(s)
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By: Marian Jane C. Alumbro
Session: 5th-12th Session
of a person(s) who is not his/her biological parent(s)
shall be guilty of simulation of birth, and shall be
punished by prison mayor in its medium period and a
fine not exceeding Fifty thousand pesos
(P50,000.00).
Any physician or nurse or hospital personnel who, in
violation of his/her oath of office, shall cooperate in
the execution of the above mentioned crime shall
suffer the penalties herein prescribed and also the
penalty of permanent disqualification.
Any person who shall violate established regulations
relating to the confidentiality and integrity of records,
documents, and communications of adoption
applications, cases, and processes shall suffer the
penalty of imprisonment ranging from one (1) year
and one (1) day to two (2) years and/or a fine of not
less than Five thousand pesos (P5,000.00) but not
more than Ten thousand pesos (P10,000.00) at the
discretion of the court.
A penalty lower by two (2) degrees than that
prescribed for the consummated offense under this
Article shall be imposed upon the principals of the
attempt to commit any of the acts herein
enumerated.
Acts punishable under this Article, when committed
by a syndicate or when it involves two (2) or more
children shall be considered as an offense
constituting child trafficking and shall merit the
penalty of reclusion pepetua.
Acts punishable under this Article are deemed
committed by a syndicate if carried out by a group of
three (3) or more persons conspiring and/or
confederating with one another in carrying out any of
the unlawful acts defined under this Article. Penalties
as are herein provided, shall be in addition to any
other penalties which may be imposed for the same
acts punishable under other laws, ordinances,
executive orders, and proclamations.
When the offender is an alien, he/she shall be
deported immediately after service of sentence and
perpetually excluded from entry to the country.
Any government official, employee or functionary
who shall be found guilty of violating any of the
provisions on this Act, or who shall conspire with
private individuals shall, in addition to the above-
prescribed penalties, be penalized in accordance with
existing civil service laws, rules and regulations:
Provided, That upon filing of a case, either
administrative or criminal, said government official,
employee, or functionary concerned shall
automatically suffer suspension until the resolution of
the case.
SEC. 22. Rectification of Simulated Births.- A person
who has, prior to the effectivity of this Act, simulated
the birth of a child shall not be punished for such act:
Provided, That the simulation of birth was made for
the best interest of the child and that he/she has
been consistently considered and treated by that
person as his/her own son/daughter: Provided,
further, That the application for correction of the
birth registration and petition for adoption shall be
filed within five (5) years from the effectivity of this
Act and completed thereafter: Provided, finally, That
such person complies with the procedure as specified
in Article IV of this Act and other requirements as
determined by the Department.
ARTICLE VIII
Final Provisions
SEC. 23. Adoption Resource and Referral Office.-
There shall be established an Adoption Resources
and Referral Office under the Department with the
following functions: (a) monitor the existence,
number, and flow of children legally available for
adoption and prospective adopter(s) so as to
facilitate their matching; (b) maintain a nationwide
information and educational campaign on domestic
adoption; (c) keep records of adoption proceedings;
(d) generate resources to help child-caring and child-
placing agencies and foster homes maintain viability;
and (e) do policy research in collaboration with the
Intercountry Adoption Board and other concerned
agencies. The office shall be manned by adoption
experts from the public and private sectors.
SEC. 24. Implementing Rules and Regulations.-
Within six (6) months from the promulgation of this
Act, the Department, with the Council for the Welfare
of Children, the Office of the Civil Registry General,
the Department of Justice, Office of the Solicitor
General, and two (2) private individuals representing
child-placing and child-caring agencies shall
formulate the necessary guidelines to make the
provisions of this Act operative.
SEC. 25. Appropriations.- Such sum as may be
necessary for the implementation of the provisions of
this Act shall be included in the General
Appropriations Act of the year following its
enactment into law and thereafter.
SEC. 26. Repealing Clause.- Any law, presidential
decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation
contrary to, or inconsistent with the provisions of this
Act is hereby repealed, modified, or amended
accordingly.
SEC. 27. Separability Clause.- If any provision of this
Act is held invalid or unconstitutional, the other
provisions not affected thereby shall remain valid
and subsisting.
SEC. 28. Effectivity Clause.- This Act shall take effect fifteen
(15) days following its complete publication in any newspaper
of general circulation or in the Official Gazette.
Republic Act No. 9523 March 12, 2009
AN ACT REQUIRING CERTIFICATION OF THE
DEPARTMENT OF SOCIAL WELFARE AND
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
DEVELOPMENT (DSWD) TO DECLARE A "CHILD
LEGALLY AVAILABLE FOR ADOPTION" AS A
PREREQUISITE FOR ADOPTION PROCEEDINGS,
AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS
OF REPUBLIC ACT NO. 8552, OTHERWISE KNOWN AS
THE DOMESTIC ADOPTION ACT OF 1998, REPUBLIC
ACT NO. 8043, OTHERWISE KNOWN AS THE INTER-
COUNTRY ADOPTION ACT OF 1995, PRESIDENTIAL
DECREE NO. 603, OTHERWISE KNOWN AS THE CHILD
AND YOUTH WELFARE CODE, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled::
Section 1. Declaration of Policy. It is hereby
declared the policy of the State that alternative
protection and assistance shall be afforded to every
child who is abandoned, surrendered, or neglected.
In this regard, the State shall extend such assistance
in the most expeditious manner in the interest of full
emotional and social development of the abandoned,
surrendered, or neglected child.
It is hereby recognized that administrative processes
under the jurisdiction of the Department of Social
Welfare and Development for the declaration of a
child legally available for adoption of abandoned,
surrendered, or neglected children are the most
expeditious proceedings for the best interest and
welfare of the child.
Section. 2. Definition of Terms. As used in this Act,
the following terms shall mean:
(1) Department of Social Welfare and Development
(DSWD) is the agency charged to implement the
provisions of this Act and shall have the sole
authority to issue the certification declaring a child
legally available for adoption.
(2) Child refers to a person below eighteen (18) years
of age or a person over eighteen (18) years of age
but is unable to fully take care of him/herself or
protect himself/herself from abuse, neglect, cruelty,
exploitation, or discrimination because of physical or
mental disability or condition.
(3) Abandoned Child refers to a child who has no
proper parental care or guardianship, or whose
parent(s) have deserted him/her for a period of at
least three (3) continuous months, which includes a
founding.
(4) Neglected Child refers to a child whose basic
needs have been deliberately unattended or
inadequately attended within a period of three (3)
continuous months. Neglect may occur in two (2)
ways:
(a) There is physical neglect when the child is
malnourished, ill-clad, and without proper shelter. A
child is unattended when left by himself/herself
without proper provisions and/or without proper
supervision.
(b) There is emotional neglect when the child is
maltreated, raped, seduced, exploited, overworked,
or made to work under conditions not conducive to
good health; or is made to beg in the streets or
public places; or when children are in moral danger,
or exposed to gambling, prostitution, and other vices.
(5) Child Legally Available for Adoption refers to a
child in whose favor a certification was issued by the
DSWD that he/she is legally available for adoption
after the fact of abandonment or neglect has been
proven through the submission of pertinent
documents, or one who was voluntarily committed by
his/her parent(s) or legal guardian.
(6) Voluntarily Committed Child is one whose
parent(s) or legal guardian knowingly and willingly
relinquished parental authority to the DSWD or any
duly accredited child-placement or child-caring
agency or institution.
(7) Child-caring agency or institution refers to a
private non-profit or government agency duly
accredited by the DSWD that provides twenty-four
(24) hour residential care services for abandoned,
neglected, or voluntarily committed children.
(8) Child-placing agency or institution refers to a
private non-profit institution or government agency
duly accredited by the DWSD that receives and
processes applicants to become foster or adoptive
parents and facilitate placement of children eligible
for foster care or adoption.
(9) Petitioner refers to the head or executive director
of a licensed or accredited child-caring or child-
placing agency or institution managed by the
government, local government unit, non-
governmental organization, or provincial, city, or
municipal Social Welfare Development Officer who
has actual custody of the minor and who files a
certification to declare such child legally available for
adoption, or, if the child is under the custody of any
other individual, the agency or institution does so
with the consent of the child's custodian.
(10) Secretary refers to the Secretary of the DSWD or
his duly authorized representative.
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By: Marian Jane C. Alumbro
Session: 5th-12th Session
(11) Conspicuous Place shall refer to a place
frequented by the public, where by notice of the
petition shall be posted for information of any
interested person.
(12) Social Case Study Report (SCSR) shall refer to a
written report of the result of an assessment
conducted by a licensed social worker as to the
social-cultural economic condition, psychosocial
background, current functioning and facts of
abandonment or neglect of the child. The report shall
also state the efforts of social worker to locate the
child's biological parents/relatives.
Section 3. Petition. The petition shall be in the form
of an affidavit, subscribed and sworn to before any
person authorized by law to administer oaths. It shall
contain facts necessary to establish the merits of the
petition and shall state the circumstances
surrounding the abandonment or neglect of the child.
The petition shall be supported by the following
documents:
(1) Social Case Study Report made by the DSWD,
local government unit, licensed or accredited child-
caring or child-placing agency or institution charged
with the custody of the child;
(2) Proof that efforts were made to locate the
parent(s) or any known relatives of the child. The
following shall be considered sufficient:
(a) Written certification from a local or national radio
or television station that the case was aired on three
(3) different occasions;
(b) Publication in one (1) newspaper of general
circulation;
(c) Police report or barangay certification from the
locality where the child was found or a certified copy
of a tracing report issued by the Philippine National
Red Cross (PNRC), National Headquarters (NHQ),
Social Service Division, which states that despite due
diligence, the child's parents could not be found; and
(d) Returned registered mail to the last known
address of the parent(s) or known relatives, if any.
(3) Birth certificate, if available; and
(4) Recent photograph of the child and photograph of
the child upon abandonment or admission to the
agency or institution.
Section 4. Procedure for the Filing of the Petition.
The petition shall be filed in the regional office of the
DSWD where the child was found or abandoned.
The Regional Director shall examine the petition and
its supporting documents, if sufficient in form and
substance and shall authorize the posting of the
notice of the petition conspicuous place for five (5)
consecutive days in the locality where the child was
found.
The Regional Director shall act on the same and shall
render a recommendation not later than five (5)
working days after the completion of its posting.
He/she shall transmit a copy of his/her
recommendation and records to the Office of the
Secretary within forty-eight (48) hours from the date
of the recommendation.
Section 5. Declaration of Availability for Adoption.
Upon finding merit in the petition, the Secretary shall
issue a certification declaring the child legally
available for adoption within seven (7) working days
from receipt of the recommendation.
Said certification, by itself shall be the sole basis for
the immediate issuance by the local civil registrar of
a foundling certificate. Within seven (7) working
days, the local civil registrar shall transmit the
founding certificate to the National Statistic Office
(NSO).
Section 6. Appeal. The decision of the Secretary
shall be appealable to the Court of Appeals within
five (5) days from receipt of the decision by the
petitioner, otherwise the same shall be final and
executory.
Section 7. Declaration of Availability for Adoption of
Involuntarily Committed Child and Voluntarily
Committed Child. The certificate declaring a child
legally available for adoption in case of an
involuntarily committed child under Article 141,
paragraph 4(a) and Article 142 of Presidential Decree
No. 603 shall be issued by the DSWD within three (3)
months following such involuntary commitment.
In case of voluntary commitment as contemplated in
Article 154 of Presidential Decree No. 603, the
certification declaring the child legally available for
adoption shall be issued by the Secretary within
three (3) months following the filing of the Deed of
Voluntary Commitment, as signed by the parent(s)
with the DSWD.
Upon petition filed with the DSWD, the parent(s) or
legal guardian who voluntarily committed a child
may recover legal custody and parental authority
over him/her from the agency or institution to which
such child was voluntarily committed when it is
shown to the satisfaction of the DSWD that the
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

parent(s) or legal guardian is in a position to
adequately provide for the needs of the child:
Provided, That, the petition for restoration is filed
within (3) months after the signing of the Deed of
Voluntary Commitment.
Section 8. Certification. The certification that a child
is legally available for adoption shall be issued by the
DSWD in lieu of a judicial order, thus making the
entire process administrative in nature.
The certification, shall be, for all intents and
purposes, the primary evidence that the child is
legally available in a domestic adoption proceeding,
as provided in Republic Act No. 8552 and in an inter-
country adoption proceeding, as provided in Republic
Act No. 8043.
contrary to or inconsistent with the provisions of this
Act are hereby reprealed, modified or amended
accordingly.
Section 12. Separability Clause. If any provision of
this Act is held invalid or unconstitutional, the other
provisions not affected thereby shall remain valid
and subsisting.
Section 13. Effectivity. This Act shall take effect fifteen (15)
days following its complete publication in two (2) newspapers
of general circulation or in the Official Gazette.
Republic v. CA and the spouses James
and Lenita Hughes

Section. 9. Implementing Rules and Regulations.

Facts: James Hughes, a natural born
The DSWD, together with the Council for Welfare of citizen of the United States of America,
Children, Inter-Country Adoption Board, two (2)
representatives from licensed or accredited child-
married Lenita Mabunay, a Filipino
placing and child-caring agencies or institution, Citizen, who herself was later naturalized
National Statistics Office and Office of the Civil
Registrar, is hereby tasked to draft the implementing
as a citizen of that country. The spouses
rules and regulations of this Act within sixty (60) jointly filed a petition with the RTC to
days following its complete publication.
adopt the minor niece and nephews of
Upon effectivity of this Act and pending the Lenita, who had been living with the
completion of the drafting of the implementing rules
and regulations, petitions for the issuance of a couple even prior to the filing of the
certification declaring a child legally available for petition. The minors, as well as their
adoption may be filled with the regional office of the
DSWD where the child was found or abandoned. parents, gave consent to the adoption.
Section 10. Penalty. The penalty of One hundred The RTC rendered a decision granting the
thousand pesos (P100,000.00) to Two hundred petition. Issue: Can the spouses adopt
thousand pesos (P200,000.00) shall be imposed on
any person, institution, or agency who shall place a the minors?
child for adoption without the certification that the
child is legally available for adoption issued by the Held: While James Anthony
DSWD. Any agency or institution found violating any
provision of this Act shall have its license to operate unquestionably is not permitted to adopt
revoked without prejudice to the criminal prosecution under any of the exceptional cases
of its officers and employees.
enumerated in paragraph (3) of the
Violation of any provision of this Act shall subject the
government official or employee concerned to
aforequoted article, Lenita, however, can
appropriate administrative, civil and/or criminal qualify pursuant to paragraph (3)(a).
sanctions, including suspension and/or dismissal from
the government service and forfeiture of benefits.
Lenita may not thus adopt alone since
Article 185 requires a joint adoption by
Section 11. Repealing Clause. Sections 2(c)(iii),
3(b), (e) and 8(a) of Republic Act No. 8552, Section the husband and the wife, a condition
3(f) of Republic Act No. 8043, Chapter 1 of Title VII,
that must be read along together with
and VIII of Presidential Decree No. 603 and any law,
presidential decree, executive order, letter of Article 184.Art 185 provides: Art. 185.
instruction, administrative order, rule, or regulation
Husband and wife must jointly adopt,
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By: Marian Jane C. Alumbro

Session: 5th-12th Session

except in the following cases: (1) When Art. 105. Subject to the provisions of the succeeding
one spouse seeks to adopt his own articles, the following are obliged to support each
other to the whole extent set forth in the preceding
illegitimate child; or (2) When one spouse article:
seeks to adopt the legitimate child of the
(1) The spouses;
other. As amended by Executive Order (2) Legitimate ascendants and descendants;
91, Presidential Decree No. 603, had thus (3) Parents and their legitimate children and the
made it mandatory for both the spouses legitimate and illegitimate children of the latter;

to jointly adopt when one of them was an (4) Parents and their illegitimate children and the
legitimate and illegitimate children of the latter; and
alien. The law was silent when both
spouses were of the same nationality. (5) Legitimate brothers and sisters, whether of full or
half-blood (291a)
The Family Code has resolved any
Art. 196. Brothers and sisters not legitimately
possible uncertainty. Article 185 thereof related, whether of the full or half-blood, are likewise
now expresses the necessity for joint bound to support each other to the full extent set
forth in Article 194, except only when the need for
adoption by the spouses except in only support of the brother or sister, being of age, is due
two instances: (1) When one spouse to a cause imputable to the claimant's fault or
negligence. (291a)
seeks to adopt his own legitimate child; Art. 197. In case of legitimate ascendants;
or (2) When one spouse seeks to adopt descendants, whether legitimate or illegitimate; and
brothers and sisters, whether legitimately or
the legitimate child of the other. It is in illegitimately related, only the separate property of
the foregoing cases when Article 186 of the person obliged to give support shall be
answerable provided that in case the obligor has no
the Code, on the subject of parental separate property, the absolute community or the
authority, can aptly find governance. conjugal partnership, if financially capable, shall
advance the support, which shall be deducted from
Article 186. In case husband and wife the share of the spouse obliged upon the liquidation
jointly adopt or one spouse adopts the of the absolute community or of the conjugal
partnership. (n)
legitimate child of the other, joint
Art. 198. During the proceedings for legal separation
parental authority shall be exercised by or for annulment of marriage, and for declaration of
the spouses in accordance with this nullity of marriage, the spouses and their children
shall be supported from the properties of the
Code. absolute community or the conjugal partnership.
After the final judgment granting the petition, the
Family Code: obligation of mutual support between the spouses
ceases. However, in case of legal separation, the
court may order that the guilty spouse shall give
SUPPORT
support to the innocent one, specifying the terms of
Art. 194. Support comprises everything indispensable such order. (292a)
for sustenance, dwelling, clothing, medical
Art. 199. Whenever two or more persons are obliged
attendance, education and transportation, in keeping
to give support, the liability shall devolve upon the
with the financial capacity of the family.
The education of the person entitled to be supported following persons in the order herein provided:
referred to in the preceding paragraph shall include
(1) The spouse;
his schooling or training for some profession, trade or (2) The descendants in the nearest degree;
vocation, even beyond the age of majority.
Transportation shall include expenses in going to and (3) The ascendants in the nearest degree; and
from school, or to and from place of work. (290a)

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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
(4) The brothers and sisters. (294a)
Art. 200. When the obligation to give support falls
upon two or more persons, the payment of the same
shall be divided between them in proportion to the
resources of each.
However, in case of urgent need and by special
circumstances, the judge may order only one of them
to furnish the support provisionally, without prejudice
to his right to claim from the other obligors the share
due from them.
When two or more recipients at the same time claim
support from one and the same person legally
obliged to give it, should the latter not have sufficient
means to satisfy all claims, the order established in
the preceding article shall be followed, unless the
concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child
shall be preferred. (295a)
Art. 201. The amount of support, in the cases
referred to in Articles 195 and 196, shall be in
proportion to the resources or means of the giver and
to the necessities of the recipient. (296a)
Art. 202. Support in the cases referred to in the
preceding article shall be reduced or increased
proportionately, according to the reduction or
increase of the necessities of the recipient and the
resources or means of the person obliged to furnish
the same. (297a)chan robles virtual law library
Art. 203. The obligation to give support shall be
demandable from the time the person who has a
right to receive the same needs it for maintenance,
but it shall not be paid except from the date of
judicial or extra-judicial demand.
Support pendente lite may be claimed in accordance
with the Rules of Court.
Payment shall be made within the first five days of
each corresponding month or when the recipient
dies, his heirs shall not be obliged to return what he
has received in advance. (298a)
Art. 204. The person obliged to give support shall
have the option to fulfill the obligation either by
paying the allowance fixed, or by receiving and
maintaining in the family dwelling the person who
has a right to receive support. The latter alternative
cannot be availed of in case there is a moral or legal
obstacle thereto. (299a)
Art. 205. The right to receive support under this Title
as well as any money or property obtained as such
support shall not be levied upon on attachment or
execution. (302a)
Art. 206. When, without the knowledge of the person
obliged to give support, it is given by a stranger, the
latter shall have a right to claim the same from the
former, unless it appears that he gave it without
intention of being reimbursed. (2164a)
Art. 207. When the person obliged to support another
unjustly refuses or fails to give support when
urgently needed by the latter, any third person may
furnish support to the needy individual, with right of
reimbursement from the person obliged to give
support. This Article shall particularly apply when the
father or mother of a child under the age of majority
unjustly refuses to support or fails to give support to
the child when urgently needed. (2166a)
Art. 208. In case of contractual support or that given
by will, the excess in amount beyond that required
for legal support shall be subject to levy on
attachment or execution.
Furthermore, contractual support shall be subject to
adjustment whenever modification is necessary due to
changes of circumstances manifestly beyond the
contemplation of the parties. (n)
11th Session
Parental Authority
PARENTAL AUTHORITY
Chapter 1. General Provisions
Art. 209. Pursuant to the natural right and duty of
parents over the person and property of their
unemancipated children, parental authority and
responsibility shall include the caring for and rearing
them for civic consciousness and efficiency and the
development of their moral, mental and physical
character and well-being. (n)
Art. 210. Parental authority and responsibility may
not be renounced or transferred except in the cases
authorized by law. (313a)
Art. 211. The father and the mother shall jointly
exercise parental authority over the persons of their
common children. In case of disagreement, the
father's decision shall prevail, unless there is a
judicial order to the contrary.
Children shall always observe respect and reverence
towards their parents and are obliged to obey them
as long as the children are under parental authority.
(311a) chan robles virtual law library
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Art. 212. In case of absence or death of either parent,
the parent present shall continue exercising parental
authority. The remarriage of the surviving parent
shall not affect the parental authority over the
children, unless the court appoints another person to
be the guardian of the person or property of the
children. (n)
Art. 213. In case of separation of the parents,
parental authority shall be exercised by the parent
designated by the Court. The Court shall take into
account all relevant considerations, especially the
choice of the child over seven years of age, unless
the parent chosen is unfit. (n)
Art. 214. In case of death, absence or unsuitability of
the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case
several survive, the one designated by the court,
taking into account the same consideration
mentioned in the preceding article, shall exercise the
authority. (355a)
Art. 215. No descendant shall be compelled, in a
criminal case, to testify against his parents and
grandparents, except when such testimony is
indispensable in a crime against the descendant or
by one parent against the other. (315a)
Chapter 2. Substitute and Special Parental Authority
Art. 216. In default of parents or a judicially
appointed guardian, the following person shall
exercise substitute parental authority over the child
in the order indicated:
(1) The surviving grandparent, as provided in Art.
214;
(2) The oldest brother or sister, over twenty-one
years of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one
years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian
over the property of the child becomes necessary,
the same order of preference shall be observed.
(349a, 351a, 354a)
Art. 217. In case of foundlings, abandoned neglected
or abused children and other children similarly
situated, parental authority shall be entrusted in
summary judicial proceedings to heads of children's
homes, orphanages and similar institutions duly
accredited by the proper government agency. (314a)
Art. 218. The school, its administrators and teachers,
or the individual, entity or institution engaged in
child are shall have special parental authority and
responsibility over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, entity or institution. (349a)
Art. 129. Those given the authority and responsibility
under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or
omissions of the unemancipated minor. The parents,
judicial guardians or the persons exercising
substitute parental authority over said minor shall be
subsidiarily liable.
The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required
under the particular circumstances.
All other cases not covered by this and the preceding
articles shall be governed by the provisions of the
Civil Code on quasi-delicts. (n)
Chapter 3. Effect of Parental Authority
Upon the Persons of the Children
Art. 220. The parents and those exercising parental
authority shall have with the respect to their
unemancipated children on wards the following rights
and duties:
(1) To keep them in their company, to support,
educate and instruct them by right precept and good
example, and to provide for their upbringing in
keeping with their means;
(2) To give them love and affection, advice and
counsel, companionship and understanding;
(3) To provide them with moral and spiritual
guidance, inculcate in them honesty, integrity, self-
discipline, self-reliance, industry and thrift, stimulate
their interest in civic affairs, and inspire in them
compliance with the duties of citizenship;
(4) To furnish them with good and wholesome
educational materials, supervise their activities,
recreation and association with others, protect them
from bad company, and prevent them from acquiring
habits detrimental to their health, studies and
morals;
(5) To represent them in all matters affecting their
interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required
under the circumstances; and
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
(8) To perform such other duties as are imposed by
law upon parents and guardians. (316a)
Art. 221. Parents and other persons exercising
parental authority shall be civilly liable for the
injuries and damages caused by the acts or
omissions of their unemancipated children living in
their company and under their parental authority
subject to the appropriate defenses provided by law.
(2180(2)a and (4)a )
Art. 222. The courts may appoint a guardian of the
child's property or a guardian ad litem when the best
interests of the child so requires. (317)
Art. 223. The parents or, in their absence or
incapacity, the individual, entity or institution
exercising parental authority, may petition the proper
court of the place where the child resides, for an
order providing for disciplinary measures over the
child. The child shall be entitled to the assistance of
counsel, either of his choice or appointed by the
court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds
the petitioner at fault, irrespective of the merits of
the petition, or when the circumstances so warrant,
the court may also order the deprivation or
suspension of parental authority or adopt such other
measures as it may deem just and proper. (318a)
Art. 224. The measures referred to in the preceding
article may include the commitment of the child for
not more than thirty days in entities or institutions
engaged in child care or in children's homes duly
accredited by the proper government agency.
The parent exercising parental authority shall not
interfere with the care of the child whenever
committed but shall provide for his support. Upon
proper petition or at its own instance, the court may
terminate the commitment of the child whenever just
and proper. (391a)
Chapter 4. Effect of Parental Authority Upon
the Property of the Children
Art. 225. The father and the mother shall jointly
exercise legal guardianship over the property of the
unemancipated common child without the necessity
of a court appointment. In case of disagreement, the
father's decision shall prevail, unless there is a
judicial order to the contrary.
Where the market value of the property or the annual
income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such
amount as the court may determine, but not less
than ten per centum (10%) of the value of the
property or annual income, to guarantee the
performance of the obligations prescribed for general
guardians.
A verified petition for approval of the bond shall be
filed in the proper court of the place where the child
resides, or, if the child resides in a foreign country, in
the proper court of the place where the property or
any part thereof is situated.
The petition shall be docketed as a summary special
proceeding in which all incidents and issues
regarding the performance of the obligations referred
to in the second paragraph of this Article shall be
heard and resolved.
The ordinary rules on guardianship shall be merely
suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a
parent has remarried, in which case the ordinary
rules on guardianship shall apply. (320a)
Art. 226. The property of the unemancipated child
earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in
ownership and shall be devoted exclusively to the
latter's support and education, unless the title or
transfer provides otherwise.
The right of the parents over the fruits and income of
the child's property shall be limited primarily to the
child's support and secondarily to the collective daily
needs of the family. (321a, 323a)
Art. 227. If the parents entrust the management or
administration of any of their properties to an
unemancipated child, the net proceeds of such
property shall belong to the owner. The child shall be
given a reasonable monthly allowance in an amount
not less than that which the owner would have paid if
the administrator were a stranger, unless the owner,
grants the entire proceeds to the child. In any case,
the proceeds thus give in whole or in part shall not
be charged to the child's legitime. (322a)
Chapter 5. Suspension or Termination of Parental
Authority
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child. (327a)
Art. 229. Unless subsequently revived by a final
judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
(3) Upon judicial declaration of abandonment of the
child in a case filed for the purpose;
(4) Upon final judgment of a competent court
divesting the party concerned of parental authority;
or
(5) Upon judicial declaration of absence or incapacity
of the person exercising parental authority. (327a)
Art. 230. Parental authority is suspended upon
conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of
civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon
pardon or amnesty of the offender. (330a)
Art. 231. The court in an action filed for the purpose
in a related case may also suspend parental
authority if the parent or the person exercising the
same:
(1) Treats the child with excessive harshness or
cruelty;
(2) Gives the child corrupting orders, counsel or
example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected
to acts of lasciviousness.
The grounds enumerated above are deemed to
include cases which have resulted from culpable
negligence of the parent or the person exercising
parental authority.
If the degree of seriousness so warrants, or the
welfare of the child so demands, the court shall
deprive the guilty party of parental authority or
adopt such other measures as may be proper under
the circumstances.
The suspension or deprivation may be revoked and
the parental authority revived in a case filed for the
purpose or in the same proceeding if the court finds
that the cause therefor has ceased and will not be
repeated. (33a)
Art. 232. If the person exercising parental authority
has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be
permanently deprived by the court of such authority.
(n)
Art. 233. The person exercising substitute parental
authority shall have the same authority over the
person of the child as the parents.
In no case shall the school administrator, teacher of individual
engaged in child care exercising special parental authority
inflict corporal punishment upon the child. (n)
Republic Act No. 6809 December 13, 1989
AN ACT LOWERING THE AGE OF MAJORITY FROM
TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR
THE PURPOSE EXECUTIVE ORDER NUMBERED TWO
HUNDRED NINE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled::
Section 1. Article 234 of Executive Order No.
209, the Family Code of the Philippines, is hereby
amended to read as follows:
"Art. 234. Emancipation takes place by the
attainment of majority. Unless otherwise provided,
majority commences at the age of eighteen years."
Section 2. Articles 235 and 237 of the same
Code are hereby repealed.
Section 3. Article 236 of the same Code is
also hereby amended to read as follows:
"Art. 236. Emancipation shall terminate
parental authority over the person and property of
the child who shall then be qualified and responsible
for all acts of civil life, save the exceptions
established by existing laws in special cases.
"Contracting marriage shall require parental consent
until the age of twenty-one.
"Nothing in this Code shall be construed to derogate
from the duty or responsibility of parents and
guardians for children and wards below twenty-one
years of age mentioned in the second and third
paragraphs of Article 2180 of the Civil Code."
Section 4. Upon the effectivity of this Act,
existing wills, bequests, donations, grants, insurance
policies and similar instruments containing
references and provisions favorable to minors will not
retroact to their prejudice.
Section 5. This Act shall take effect upon
completion of its publication in at least two (2)
newspapers of general circulation.
Approved: December 13, 1989
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY
LAW
Chapter 1. Prefatory Provisions
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
Art. 238. Until modified by the Supreme Court, the
procedural rules provided for in this Title shall apply
as regards separation in fact between husband and
wife, abandonment by one of the other, and incidents
involving parental authority. (n)
Chapter 2. Separation in Fact
Art. 239. When a husband and wife are separated in
fact, or one has abandoned the other and one of
them seeks judicial authorization for a transaction
where the consent of the other spouse is required by
law but such consent is withheld or cannot be
obtained, a verified petition may be filed in court
alleging the foregoing facts.
The petition shall attach the proposed deed, if any,
embodying the transaction, and, if none, shall
describe in detail the said transaction and state the
reason why the required consent thereto cannot be
secured. In any case, the final deed duly executed by
the parties shall be submitted to and approved by
the court. (n)
Art. 240. Claims for damages by either spouse,
except costs of the proceedings, may be litigated
only in a separate action. (n)
Art. 241. Jurisdiction over the petition shall, upon
proof of notice to the other spouse, be exercised by
the proper court authorized to hear family cases, if
one exists, or in the regional trial court or its
equivalent sitting in the place where either of the
spouses resides. (n)
Art. 242. Upon the filing of the petition, the court
shall notify the other spouse, whose consent to the
transaction is required, of said petition, ordering said
Art. 252. The rules in Chapter 2 hereof shall also govern
spouse to show cause why the petition should not be
summary proceedings under this Chapter insofar as they are
granted, on or before the date set in said notice for
applicable. (n)
the initial conference. The notice shall be
accompanied by a copy of the petition and shall be
served at the last known address of the spouse
concerned. (n)
Art. 243. A preliminary conference shall be
conducted by the judge personally without the
parties being assisted by counsel. After the initial
conference, if the court deems it useful, the parties
may be assisted by counsel at the succeeding
conferences and hearings. (n)
Art. 244. In case of non-appearance of the spouse
whose consent is sought, the court shall inquire into
the reasons for his failure to appear, and shall require
such appearance, if possible. (n)
Art. 245. If, despite all efforts, the attendance of the
non-consenting spouse is not secured, the court may
proceed ex parte and render judgment as the facts
and circumstances may warrant. In any case, the
judge shall endeavor to protect the interests of the
non-appearing spouse. (n)
Art. 246. If the petition is not resolved at the initial
conference, said petition shall be decided in a
summary hearing on the basis of affidavits,
documentary evidence or oral testimonies at the
sound discretion of the court. If testimony is needed,
the court shall specify the witnesses to be heard and
the subject-matter of their testimonies, directing the
parties to present said witnesses. (n)
Art. 247. The judgment of the court shall be
immediately final and executory. (n)
Art. 248. The petition for judicial authority to
administer or encumber specific separate property of
the abandoning spouse and to use the fruits or
proceeds thereof for the support of the family shall
also be governed by these rules. (n)
Chapter 3. Incidents Involving Parental Authority
Art. 249. Petitions filed under Articles 223, 225 and
235 of this Code involving parental authority shall be
verified. (n)
Art. 250. Such petitions shall be verified and filed in
the proper court of the place where the child resides.
(n)
Art. 251. Upon the filing of the petition, the court
shall notify the parents or, in their absence or
incapacity, the individuals, entities or institutions
exercising parental authority over the child. (n)
FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book
1 of Republic Act No. 386, otherwise known as the
Civil Code of the Philippines, as amended, and
Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and
42 of Presidential Decree No. 603, otherwise known
as the Child and Youth Welfare Code, as amended,
and all laws, decrees, executive orders,
proclamations, rules and regulations, or parts
thereof, inconsistent herewith are hereby repealed.
Art. 255. If any provision of this Code is held invalid,
all the other provisions not affected thereby shall
remain valid.
Art. 256. This Code shall have retroactive effect
insofar as it does not prejudice or impair vested or
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

acquired rights in accordance with the Civil Code or

other laws.
Januray 4, 1995
Art. 257. This Code shall take effect one year after
the completion of its publication in a newspaper of
general circulation, as certified by the Executive
FACTS:
Secretary, Office of the President.
Lt. Leouel Santos married private
Done in the City of Manila, this 6th day of July, in the year of
Our Lord, nineteen hundred and eighty-seven. respondent Julia Bedia on Sept. 20,
1986 in Illoilo MTC and later by
New Civil Code Provisions
church wedding. They lived with
Art. 363. In all questions on the care, custody,
the latters parents and eventually
education and property of children the latter's gave birth to Leouel Santos, Jr. on
welfare shall be paramount. No mother shall be
separated from her child under seven years of age,
July 18, 1987. The relationship
unless the court finds compelling reasons for such turned sour when they began
measure.
quarelling over frequent
interferrence of Julias parents and
the issue of liveing independently
Cases:
from the in-laws.
Luna v. IAC
The SC rules that in all questions relating On May 18, 1988, Julia left for the
to the care, custody and education and United States (US) to work as nurse
property of the children, the latters despite Leouels protestations.
welfare is paramount. This means that Seven months thereafter or on
the best interest of the minor can January 1, 1989, she called up from
override procedural rules and even the the US with the promise of
rights of the parents to the custody of returning home soon, but she
their children. The desire and preference never did. Given the chance,
of the child to stay with her grandparents Leouel went to the US for a training
instead of her biological parents and who program sponsored by the Armed
had signified her intention to kill herself Forces of the Philippines (AFP) from
and run away from home if she should be April to August 1990. He
separated from her grandparents and desperately tried to locate her
forced to live with her biological parents there but failed.
should prevail over procedural rules.
He then filed with the Regional Trial
Leouel Santos vs. Court of Appeals Court (RTC) for the nullification of
and Santos their marriage under Article 36 of
the Family Code, on the ground of
GR No. 112019 / 58 SCAD 17 psychological incapacity.

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Session: 5th-12th Session

Summons was served by intendment of the law has been to

publication in a newspaper of confine the meaning of
general circulation in Negros psychological incapacity to the
Oriental. In her answer, Julia most serious cases of personality
claimed that it was Leouel who was disorders clearly demonstrative of
irresponsible and incompetent. an utter insensitivity or inability to
The RTC in November 1991 give meaning and significance to
dismissed the case for lack of the marriage. This psychological
merit. On appeal, the Court of condition must exist at the time the
Appeals (CA) affirmed the RTC marriage is celebrated. The law
decision. does not evidently envision an
inability of the spouse to have
ISSUE: Whether or not the sexual relations with the other.
marriage may be declared a nullity This conclusion is implicit under
prusuant to Artcile 36 of the Family Article 54 of the Family Code which
Code. considers children conceived prior
to the judicial declaration of nullity
HELD:
of the void marriage to be
Article 36 cannot be taken and legitimate.
construed independently, but must
The well-considered opinions of
stand in conjunction with existing
psychiatrists, psychologists and
precepts of laws on marriage. Thus
persons with expertise in
correlated, psychological
psychological disciplines might be
incapacity should refer no less
helpful or even desirable in
than a mental (not physical)
establishing the parameters of
incapacity that causes a party to
psychological incapacity.
be truly incognitive of the basic
marital covenants that Marriage is not just and adventure but a
concomitantly must be assumed lifetime commitment. We should continue
and discharged by the parties to to be reminded that innate in our society,
the marriage which, as so then enshrined in the Civil Code, and
expressed by Article 68 of the even now still indelible in Section 1 of the
Family Code, include their mutual Family Codethe Constitution is no less
obligations to live together, emphatic.
observe love, respect and fidelity
and render help and support. The latters wealth is not a deciding
There is hardly any doubt that the factor particularly that there is no proof
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
that petitioner is in no position to support
the boy. The fact that he was unable to
provide financial support for his minor
son from birth up to over 3 years when
he took the boy fro his in-laws without
permission, should not be sufficient
reason to strip him of his permanent right
to the childs custody.
NCC:
Title X. - FUNERALS (n)
Art. 305. The duty and the right to make
arrangements for the funeral of a relative shall be in
accordance with the order established for support,
under Article 294. In case of descendants of the
same degree, or of brothers and sisters, the oldest
shall be preferred. In case of ascendants, the
paternal shall have a better right.
Art. 306. Every funeral shall be in keeping with the
social position of the deceased.
Art. 307. The funeral shall be in accordance with the
expressed wishes of the deceased. In the absence of
such expression, his religious beliefs or affiliation
shall determine the funeral rites. In case of doubt,
the form of the funeral shall be decided upon by the
person obliged to make arrangements for the same,
after consulting the other members of the family.
Art. 308. No human remains shall be retained,
interred, disposed of or exhumed without the consent
of the persons mentioned in articles 294 and 305.
Art. 309. Any person who shows disrespect to the
dead, or wrongfully interferes with a funeral shall be
liable to the family of the deceased for damages,
material and moral.
Art. 310. The construction of a tombstone or mausoleum shall
be deemed a part of the funeral expenses, and shall be
chargeable to the conjugal partnership property, if the
deceased is one of the spouses.
Republic Act No. 7170 January 7, 1992
AN ACT AUTHORIZING THE LEGACY OR DONATION OF
ALL OR PART OF A HUMAN BODY AFTER DEATH FOR
SPECIFIED PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled::
Section 1. Title. This Act shall be known as the
"Organ Donation Act of 1991".
Section 2. Definition of Terms. As used in this Act
the following terms shall mean:
(a) "Organ Bank Storage Facility" - a facility
licensed, accredited or approved under the law for
storage of human bodies or parts thereof.
(b) "Decedent" - a deceased individual, and
includes a still-born infant or fetus.
(c) "Testator" - an individual who makes a
legacy of all or part of his body.
(d) "Donor" - an individual authorized under this
Act to donate all or part of the body of a
decedent.1awphilalf
(e) "Hospital" - a hospital licensed, accredited
or approval under the law, and includes, a hospital
operated by the Government.
(f) "Part" - includes transplantable organs,
tissues, eyes, bones, arteries, blood, other fluids and
other portions of the human body.
(g) "Person" - an individual, corporation, estate,
trust, partnership, association, the Government or
any of its subdivisions, agencies or instrumentalities,
including government-owned or -controlled
corporations; or any other legal entity.
(h) "Physician" or "Surgeon" - a physician or
surgeon licensed or authorized to practice medicine
under the laws of the Republic of the Philippines.
(i) "Immediate Family" of the decedent - the
persons enumerated in Section 4(a) of this Act.
(j) "Death" - the irreversible cessation of
circulatory and respiratory functions or the
irreversible cessation of all functions of the entire
brain, including the brain stem. A person shall be
medically and legally dead if either:1awphilalf
(1) In the opinion of the attending physician,
based on the acceptable standards of medical
practice, there is an absence of natural respiratory
and cardiac functions and, attempts at resuscitation
would not be successful in restoring those functions.
In this case, death shall be deemed to have occurred
at the time these functions ceased; or
(2) In the opinion of the consulting physician,
concurred in by the attending physician, that on the
basis of acceptable standards of medical practice,
there is an irreversible cessation of all brain
functions; and considering the absence of such
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
functions, further attempts at resuscitation or
continued supportive maintenance would not be
successful in resorting such natural functions. In this
case, death shall be deemed to have occurred at the
time when these conditions first appeared.
The death of the person shall be determined in
accordance with the acceptable standards of medical
practice and shall be diagnosed separately by the
attending physician and another consulting
physician, both of whom must be appropriately
qualified and suitably experienced in the care of such
parties. The death shall be recorded in the patient's
medical record.
Section 3. Person Who May Execute A Legacy. Any
individual, at least eighteen (18) years of age and of
sound mind, may give by way of legacy, to take
effect after his death, all or part of his body for any
purpose specified in Section 6 hereof.
Section 4. Person Who May Execute a Donation.
(a) Any of the following, person, in the order of
property stated hereunder, in the absence of actual
notice of contrary intentions by the decedent or
actual notice of opposition by a member of the
immediate family of the decedent, may donate all or
any part of the decedent's body for any purpose
specified in Section 6 hereof:
(1) Spouse;
(2) Son or daughter of legal age;
(3) Either parent;
(4) Brother or sister of legal age; or
(5) Guardian over the person of the decedent at
the time of his death.
(b) The persons authorized by sub-section (a) of
this Section may make the donation after or
immediately before death.
Section 5. Examination of Human Body or Part
Thereof . A legacy of donation of all or part of a
human body authorizes any examination necessary
to assure medical acceptability of the legacy or
donation for the purpose(s) intended.
For purposes of this Act, an autopsy shall be
conducted on the cadaver of accident, trauma, or
other medico-legal cases immediately after the
pronouncement of death, to determine qualified and
healthy human organs for transplantation and/or in
furtherance of medical science.
Section 6. Persons Who May Become Legatees or
Donees. The following persons may become
legatees or donees of human bodies or parts thereof
for any of the purposes stated hereunder:
(a) Any hospital, physician or surgeon - For
medical or dental education, research, advancement
of medical or dental science, therapy or
transplantation;
(b) Any accredited medical or dental school,
college or university - For education, research,
advancement of medical or dental science, or
therapy;
(c) Any organ bank storage facility - For medical
or dental education, research, therapy, or
transplantation; and
(d) Any specified individual - For therapy or
transplantation needed by him.
Section 7. Duty of Hospitals. A hospital authorized
to receive organ donations or to conduct
transplantation shall train qualified personnel and
their staff to handle the task of introducing the organ
donation program in a humane and delicate manner
to the relatives of the donor-decedent enumerated in
Section 4 hereof. The hospital shall accomplish the
necessary form or document as proof of compliance
with the above requirement.
Section 8. Manner of Executing a Legacy.
(a) Legacy of all or part of the human body
under Section 3 hereof may be made by will. The
legacy becomes effective upon the death of the
testator without waiting for probate of the will. If the
will is not probated, or if it is declared invalid for
testamentary purposes, the legacy, to the extent
that it was executed in good faith, is nevertheless
valid and effective.
(b) A legacy of all or part of the human body
under Section 3 hereof may also be made in any
document other than a will. The legacy becomes
effective upon death of the testator and shall be
respected by and binding upon his executor or
administrator, heirs, assigns, successors-in-interest
and all members of the family. The document, which
may be a card or any paper designed to be carried
on a person, must be signed by the testator in the
presence of two witnesses who must sign the
document in his presence. If the testator cannot sign,
the document may be signed for him at his discretion
and in his presence, in the presence of two witnesses
who must, likewise, sign the document in the
presence of the testator. Delivery of the document of
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
legacy during the testator's lifetime is not necessary
to make the legacy valid.
(c) The legacy may be made to a specified
legatee or without specifying a legatee. If the legacy
is made to a specified legatee who is not available at
the time and place of the testator's death, the
attending physician or surgeon, in the absence of
any expressed indication that the testator desired
otherwise, may accept the legacy as legatee. If the
legacy does not specify a legatee, the legacy may be
accepted by the attending physician or surgeon as
legatee upon or following the testator's death. The
physician who becomes a legatee under this
subsection shall not participate in the procedures for
removing or transplanting a part or parts of the body
of the decedent.
(d) The testator may designate in his will, card
or other document, the surgeon or physician who will
carry out the appropriate procedures. In the absence
of a designation, or if the designee is not available,
the legatee or other persons authorized to accept the
legacy may authorize any surgeon or physician for
the purpose.
Section 9. Manner of Executing a Donation. Any
donation by a person authorized under subsection (a)
of Section 4 hereof shall be sufficient if it complies
with the formalities of a donation of a movable
property.
In the absence of any of the persons specified under
Section 4 hereof and in the absence of any document
of organ donation, the physician in charge of the
patient, the head of the hospital or a designated
officer of the hospital who has custody of the body of
the deceased classified as accident, trauma, or other
medico-legal cases, may authorize in a public
document the removal from such body for the
purpose of transplantation of the organ to the body
of a living person: Provided, That the physician, head
of hospital or officer designated by the hospital for
this purpose has exerted reasonable efforts, within
forty-eight (48) hours, to locate the nearest relative
listed in Section 4 hereof or guardian of the decedent
at the time of death.
In all donations, the death of a person from whose
body an organ will be removed after his death for the
purpose of transplantation to a living person, shall be
diagnosed separately and certified by two (2)
qualified physicians neither of whom should be:
(a) A member of the team of medical
practitioners who will effect the removal of the organ
from the body; nor
(b) The physician attending to the receipt of the
organ to be removed; nor
(c) The head of hospital or the designated
officer authorizing the removal of the organ.
Section 10. Person(s) Authorized to Remove
Transplantable Organs. Only authorized medical
practitioners in a hospital shall remove and/or
transplant any organ which is authorized to be
removed and/or transplanted pursuant to Section 5
hereof.
Section 11. Delivery of Document of Legacy or
Donation. If the legacy or donation is made to a
specified legatee or donee, the will, card or other
document, or an executed copy thereof, may be
delivered by the testator or donor, or is authorized
representative, to the legatee or donee to expedite
the appropriate procedures immediately after death.
The will, card or other document, or an executed
copy thereof, may be deposited in any hospital or
organ bank storage facility that accepts it for
safekeeping or for facilitation or procedures after
death. On the request of any interested party upon or
after the testator's death, the person in possession
shall produce the document of legacy or donation for
verification.
Section 12. Amendment or Revocation of Legacy or
Donation.
a) If he will, card or other document, or an executed
copy thereof, has been delivered to a specific legatee
or donee, the testator or donor may amend or revoke
the legacy or donation either by:
(1) The execution and delivery to the legatee or
donee of a signed statement to that effect; or
(2) An oral statement to that effect made in the
presence of two other persons and communicated to
the legatee or donee; or
(3) A statement to that effect during a terminal
illness or injury addressed to an attending physician
and communicated to the legatee or donee; or
(4) A signed card or document to that effect
found on the person or effects of the testator or
donor.
(b) Any will, card or other document, or an
executed copy thereof, which has not been delivered
to the legatee or donee may be revoked by the
testator or donor in the manner provided in
subsection (a) of this Section or by destruction,
cancellation or mutilation of the document and all
executed copies thereof.
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Session: 5th-12th Session
Any legacy made by a will may also be amended or
revoked in the manner provided for amendment or
revocation of wills, or as provided in subsection (a) of
this Section.
Section 13. Rights and Duties After Death.
(a) The legatee or donee may accept or reject the
legacy or donation as the case may be. If the legacy
of donation is of a part of the body, the legatee or
donee, upon the death of the testator and prior to
embalming, shall effect the removal of the part,
avoiding unnecessary mutilation. After removal of the
part, custody of the remainder of the body vests in
the surviving spouse, next of kin or other persons
under obligation to dispose of the body of the
decedent.
(b) Any person who acts in good faith in
accordance with the terms of this Act shall not be
liable for damages in any civil action or subject to
prosecution in any criminal proceeding of this Act.
Section 14. International Sharing of Human Organs or
Tissues. Sharing of human organs or tissues shall
be made only through exchange programs duly
approved by the Department of Health: Provided,
That foreign organ or tissue bank storage facilities
and similar establishments grant reciprocal rights to
their Philippine counterparts to draw organs or
tissues at any time.
Section 15. Information Drive. In order that the
public will obtain the maximum benefits from this
Act, the Department of Health, in cooperation with
institutions, such as the National Kidney Institute,
civic and non-government health organizations and
other health related agencies, involved in the
donation and transplantation of human organs, shall
undertake a public information program.
The Secretary of Health shall endeavor to persuade
all health professionals, both government and
private, to make an appeal for human organ
donation.
Section 16. Rules and Regulations. The Secretary of
Health, after consultation with all health
professionals, both government and private, and
non-government health organizations shall
promulgate such rules and regulations as may be
necessary or proper to implement this Act.
Section 17. Repealing Clause. All laws, decrees,
ordinances, rules and regulations, executive or
administrative orders, and other presidential
issuance inconsistent with this Act, are hereby
repealed, amended or modified accordingly.
Section 18. Separability Clause. The provisions of
this Act are hereby deemed separable. If any
provision hereof should be declared invalid or
unconstitutional, the remaining provisions shall
remain in full force and effect.
Section 19. Effectivity. This Act shall take effect
after fifteen (15) days following its publication in the
Official Gazette or at least two (2) newspapers of
general circulation.
Approved: January 7, 1992
Use of Surnames
Title XIII. - USE OF SURNAMES (n)
Art. 364. Legitimate and legitimated children shall
principally use the surname of the father.
Art. 365. An adopted child shall bear the surname of
the adopter.
Art. 366. A natural child acknowledged by both
parents shall principally use the surname of the
father. If recognized by only one of the parents, a
natural child shall employ the surname of the
recognizing parent.
Art. 367. Natural children by legal fiction shall
principally employ the surname of the father.
Art. 368. Illegitimate children referred to in Article
287 shall bear the surname of the mother.
Art. 369. Children conceived before the decree
annulling a voidable marriage shall principally use
the surname of the father.
Art. 370. A married woman may use:
(1) Her maiden first name and surname and add her
husband's surname, or
(2) Her maiden first name and her husband's
surname or
(3) Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."
Art. 371. In case of annulment of marriage, and the
wife is the guilty party, she shall resume her maiden
name and surname. If she is the innocent spouse,
she may resume her maiden name and surname.
However, she may choose to continue employing her
former husband's surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to
another person.
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Session: 5th-12th Session

Art. 372. When legal separation has been granted, isolation from friends and relatives
the wife shall continue using her name and surname
employed before the legal separation. in view of a suggested Chinese
Art. 373. A widow may use the deceased husband's
surname as though he were still living, in accordance
ancestry when in reality he is a
with Article 370. Muslim Filipino residing in a Muslim
Art. 374. In case of identity of names and surnames, community, thereby hampering his
the younger person shall be obliged to use such business and social life, and that
additional name or surname as will avoid confusion.
his surviving adoptive mother
Art. 375. In case of identity of names and surnames
between ascendants and descendants, the word
consented to the change of name
"Junior" can be used only by a son. Grandsons and sought. This Court granted the
other direct male descendants shall either:
petition and regarded the change
(1) Add a middle name or the mother's surname, or of the surname as a mere incident
(2) Add the Roman Numerals II, III, and so on.
in, rather than the object of, the
Art. 376. No person can change his name or surname
without judicial authority. adoption.
Art. 377. Usurpation of a name and surname may be
the subject of an action for damages and other relief.
It should be noted that in said case the
Art. 378. The unauthorized or unlawful use of another change of surname, not the given name,
person's surname gives a right of action to the latter.
and the legal consequences thereof in
Art. 379. The employment of pen names or stage
names is permitted, provided it is done in good faith
view of the adoption were at issue. That
and there is no injury to third persons. Pen names it was sought in a petition duly and
and stage names cannot be usurped.
precisely filed for that purpose with
Art. 380. Except as provided in the preceding article, ample proof of the lawful grounds
no person shall use different names and surnames.
Cases: therefor only serves to reinforce the
imperative necessity of seeking relief
Republic v. CA and Maximo Wong under and through the legally prescribed
In the Wong case, therein procedures.
petitioner Maximo Wong sought the
change of his surname which he Llanet v. Agrava
acquired by virtue of the decree of
Teresita's mother, one Atanacia Llaneta,
adoption granted in favor of
was once married toSerafin Ferrer with
spouses Hoong Wong and
whom she had but one child named
Concepcion Ty Wong. Upon
Victoriano Ferrer. In1942 Serafin Ferrer
reaching the age of majority, he
died, and about four years later Atanacia
filed a petition in court to change
had relationswith another man out of
his surname from Wong to Alcala,
which Teresita was born. Shortly after
which was his surname prior to the
Teresita'sbirth, Atanacia brought her and
adoption. He adduced proof that
Victoriano to Manila where all of them
the use of the surname Wong
livedwith Atanacia's mother-in-law,
caused him embarrassment and
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Session: 5th-12th Session
Victoria vda. de Ferrer. Teresita was
raisedin the household of the Ferrer's,
using the surname of Ferrer in all
herdealings and throughout her
schooling. When she was about twenty
yearsold, she applied for a copy of her
birth certificate in Sorsogon, where
shewas born, as she was required to
present it in connection with ascholarship
granted to her by the Catholic Charities.
It was then that shediscovered that her
registered surname is Llaneta not Ferrer
and that sheis the illegitimate child of
Atanacia and an unknown father.On the
ground that her use thenceforth of the
surname Llaneta,instead of Ferrer which
she had been using since she acquired
reason,would cause untold difficulties
and confusion, Teresita petitioned the
courtfor change of her name from
Teresita Llaneta to Teresita Llaneta
Ferrer.Issue:Whether or not petitioner be
allowed to change her surname basedon
her alleged facts.Ruling: The petition of
Teresita Llaneta for change of her name
to TeresitaLlaneta Ferrer is hereby
granted. The petitioner has established
that shehas been using the surname
Ferrer for as long as she can remember.
Asudden shift at this time by the
petitioner to the name Teresita Llaneta
inorder to conform to that appearing in
her birth certificate would result
inconfusion among the persons and
entities she deals with and entailendless
and vexatious explanations of the
circumstances of her new surname.
Silva v. Peralta
In view of the non-existence of appellees
marriage with Saturnino Silva, and the
latters actual marriage to plaintiff
Ledesma, it is not proper for Esther to
continue representing herself as the wife
of Saturnino. Art. 370 of the Civil Code of
the Philippines authorizes a married
woman to use the surname of her
husband; impliedly excludes others from
doing otherwise.
Calderon v. Republic
A petition to change the name of the
infant to the surname of her stepfather,
as in this case, should be granted where
to do so is clearly for the best interest of
the child it appearing that such change
would promote the personality of the
child and remove the stigma of
illegitimacy as long as it does not cause
prejudice or injury to the interest of the
State or of other persons. The stepfather
already agreed.
Naldoza v. Republic
We hold that the trial court did not err in
denying the petition for change of name.
The reasons adduced for eliminating the
father's surname are not substantial
enough to justify the petition. To allow
the change of surname would cause
confusion as to the minors' parentage
and might create the impression that the
minors are illegitimate since they would
carry the maternal surname only. That
would be inconsistent with their
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
legitimate status as indicated in their
birth records. (Desirous of obliterating
any connection between her two minor
children and the scrapegrace father is
not a good reason. The crime of the
father is not ground to change the
surname.)
12th Session
Absence
Title XIV. - ABSENCE
CHAPTER 1
PROVISIONAL MEASURES IN CASE OF ABSENCE
Art. 381. When a person disappears from his
domicile, his whereabouts being unknown, and
without leaving an agent to administer his property,
the judge, at the instance of an interested party, a
relative, or a friend, may appoint a person to
represent him in all that may be necessary.
This same rule shall be observed when under similar
circumstances the power conferred by the absentee
has expired. (181a)
Art. 382. The appointment referred to in the
preceding article having been made, the judge shall
take the necessary measures to safeguard the rights
and interests of the absentee and shall specify the
powers, obligations and remuneration of his
representative, regulating them, according to the
circumstances, by the rules concerning guardians.
(182)
Art. 383. In the appointment of a representative, the
spouse present shall be preferred when there is no
legal separation.
If the absentee left no spouse, or if the spouse present is a
minor, any competent person may be appointed by the court.
(183a)
Rules of Court
RULE 107
ABSENTEES
Sec. 1. Appointment of representative. - When a
person disappears from his domicile, his
whereabouts being unknown, and without having left
an agent to administer his property, or the power
conferred upon the agent has expired, any interested
party, relative or friend, may petition the Court of
First Instance of the place where the absentee
resided before his disappearance for the
appointment of a person to represent him
provisionally in all that may be necessary. In the City
of Manila, the petition shall be filed in the Juvenile
and Domestic Relations Court. chan robles virtual law
library
Sec. 2. Declaration of absence; who may petition. -
After the lapse of two (2) years from his
disappearance and without any news about the
absentee or since the receipt of the last news, or of
five (5) years in case the absentee has left a person
in charge of the administration of his property, the
declaration of his absence and appointment of a
trustee or administrator may be applied for by any of
the following:
(a) The spouse present;
(b) The heirs instituted in a will, who may present an
authentic copy of the same;
(c) The relatives who would succeed by the law of
intestacy; and
(d) Those who have over the property of the
absentee some right subordinated to the condition of
his death.
Sec. 3. Contents of petition. - The petition for the
appointment of a representative, or for the
declaration of absence and the appointment of a
trustee or an administrator, must show the following:
(a) The jurisdictional facts;
(b) The names, ages, and residences of the heirs
instituted in the will, copy of which shall be
presented, and of the relatives who would succeed
by the law of intestacy;
(c) The names and residences of creditors and others
who may have any adverse interest over the
property of the absentee;
(d) The probable value, location and character of the
property belonging to the absentee. chan robles
virtual law library
Sec. 4. Time of hearing; notice and publication
thereof. - When a petition for the appointment of a
representative, or for the declaration of absence and
the appointment of a trustee or administrator, is
filed, the court shall fix a date and place for the
hearing thereof where all concerned may appear to
contest the petition.
Copies of the notice of the time and place fixed for
the hearing shall be served upon the known heirs,
legatees, devisees, creditors and other interested
persons, at least ten (10) days before the day of the
hearing, and shall be published once a week for three
(3) consecutive weeks prior to the time designated
for the hearing, in a newspaper of general circulation
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

in the province or city where the absentee resides, as Lukban v. Republic

the court shall deem best.chanrobles virtua law
library The wife intends to remarry and alleged
a well founded belief that her husband is
Sec. 5. Opposition. - Anyone appearing to contest the
petition shall state in writing his grounds therefor, dead (husband left after huge quarrel
and served a copy thereof on the petitioner and
other interested parties on or before the date
and was gone for 20 years)
designated for the hearing. The SC held that the petition to declare
Sec. 6. Proof at hearing; order. - At the hearing,
absence is denied. Back then, there was
compliance with the provisions of section 4 of this no law about absentism and so
rule must first be shown. Upon satisfactory proof of
the allegations in the petition, the court shall issue
absentism must be based on well
an order granting the same and appointing the grounded belief which was not
representative, trustee or administrator for the
absentee. The judge shall take the necessary
established in this case.
measures to safeguard the rights and interests of the
absentee and shall specify the powers, obligations Aboitiz v. Pepito
and remuneration of his representative, trustee or
administrator, regulating them by the rules
We go deep into the recitals of the
concerning guardians. notice and claim for compensation.
In case of declaration of absence, the same shall not It simply says that while thevessel
take effect until six (6) months after its publication in was navigating, "the herein
a newspaper of general circulation designated by the
court and in the Official Gazette. deceased was lost or reported
Sec. 7. Who may be appointed. - In the appointment
missing". This claim was filed
of a representative, the spouse present shall be onJanuary 12, 1962, or barely 42
preferred when there is no legal separation. If the
absentee left no spouse, or if the spouse present is a
days after the event took place. At
minor or otherwise incompetent, any competent that time, no presumption existed
person may be appointed by the court.
thatDemetrio Pepito was dead. The
In case of declaration of absence, the trustee or
boat was not lost. This opens up a
administrator of the absentee's property shall be
appointed in accordance with the preceding number of possibilities.
paragraph.
Becausenothing is certain. Nobody
Sec. 8. Termination of administration. - The knows what has happened to him.
trusteeship or administration of the property of the
absentee shall cease upon order of the court in any He could have transferred to
of the following cases: another vessel or watercraft. He
(a) When the absentee appears personally or by could even have swam to safety. Or
means of an agent;
(b) When the death of the absentee is proved and his
he could have died. Or worse, he
testate or intestate heirs appear; couldhave taken his own life. Legal
(c) When a third person appears, showing by a implications such as right to
proper document that he has acquired the
compensation, succession, the
absentee's property by purchase or other title.
legal statusof the wife are so
In these cases the trustee or administrator shall cease in the
performance of his office, and the property shall be placed at important that courts should not so
the disposal of those who may have a right thereto. easily be carried to the conclusion
that the man isdead.
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

2 point in judicially declaring him an

The result is that death cannot be
taken as a fact.Non-controversion
in compensation cases, as in the
case of pleadings in ordinary civil
cases,
3 declaration of absence made in
simplymeans admission of facts, not
conclusions of law.As applied to the case
before us, the mere failure to controvert
the statement that Demetrio Pepito
isbelieved to be "dead" or "deceased"
because he "was lost" or was "reported
missing", does not importan admission
that the man is actually dead, but that he
was just lost or missing.
Eastern Shipping v. Lucero
Wife claims she can still clain
monthly allotments and allowances
because 4 years have not yet
lapsed to declare absence but
there was evidence to show the
ship had sunk and that persons
aboard had perished with it.
Held: Where the facts, known to be
knowable, from which a rational
conclusion can be made, the
presumption of absence does not step in,
and the rule of preponderance of
evidence controls.
Reyes v. Alejandro
Considering that neither the petition
alleges, nor the evidence shows, that
Roberto L. Reyes has any rights, interest
or property in the Philippines, there is no
absentee.
... For the purposes of the civil
marriage law, it is not necessary to
have the former spouse judicially
declared an absentee. The
accordance with the provisions of
the Civil Code has for its sole
purpose to enable the taking of the
necessary precautions for the
administration of the estate of the
absentee. For the celebration of
civil marriage, however, the law
only requires that the former
spouse has been absent for seven
consecutive years at the time of
the second marriage, that the
spouse present does not know his
or her former spouse to he living,
that such former spouse is
generally reputed to be dead and
the spouse present so believes at
the time of the celebration of the
marriage (section III, paragraph 2,
General Orders, No. 68). (On page
183).
The need to have a person judicially
declared an absentee is when he has
properties which have to be taken cared
of or administered by a representative
appointed by the Court (Article 384, Civil
Code); the spouse of the absentee is
asking for separation of property (Article
191, Civil Code) or his wife is asking the
Court that the administration of an

78
 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
classes of property in the marriage be
transferred to her (Article 196, Civil
Code). The petition to declare the
husband an absentee and the petition to
place the management of the conjugal
properties in the hands of the wife may
be combined and adjudicated in the
same proceedings, Peyer vs. Martinez, 88
Phil. 72, 80).
NCC:
Title XVI. - CIVIL REGISTER
Art. 407. Acts, events and judicial decrees
concerning the civil status of persons shall be
recorded in the civil register. (325a)
Art. 408. The following shall be entered in the civil
register:
(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the
beginning;
(7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
(11) loss, or (12) recovery of citizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name. (326a)
Art. 409. In cases of legal separation, adoption,
naturalization and other judicial orders mentioned in
the preceding article, it shall be the duty of the clerk
of the court which issued the decree to ascertain
whether the same has been registered, and if this
has not been done, to send a copy of said decree to
the civil registry of the city or municipality where the
court is functioning. (n)
Art. 410. The books making up the civil register and
all documents relating thereto shall be considered
public documents and shall be prima facie evidence
of the facts therein contained. (n)
Art. 411. Every civil registrar shall be civilly
responsible for any unauthorized alteration made in
any civil register, to any person suffering damage
thereby. However, the civil registrar may exempt
himself from such liability if he proves that he has
taken every reasonable precaution to prevent the
unlawful alteration. (n)
Art. 412. No entry in a civil register shall be changed
or corrected, without a judicial order. (n)
Art. 413. All other matters pertaining to the
registration of civil status shall be governed by
special laws. (n)
ROC:
RULE 108
CANCELLATION OR CORRECTION OF ENTRIES IN THE
CIVIL REGISTRY
Sec. 1. Who may file petition. - Any person interested
in any act, event, order or decree concerning the civil
status of persons which has been recorded in the civil
register, may file a verified petition for the
cancellation or correction of any entry relating
thereto, with the Court of First Instance of the
province where the corresponding civil registry is
located.
Sec. 2. Entries subject to cancellation or correction. -
Upon good and valid grounds, the following entries in
the civil register may be cancelled or corrected: (a)
births; (b) marriages; (c) deaths; (d) legal
separations; (e) judgments of annulments of
marriage; (f) judgments declaring marriages void
from the beginning; (g) legitimations; (h) adoptions;
(i) acknowledgments of natural children; (j)
naturalization (k) election, loss or recovery of
citizenship (l) civil interdiction; (m) judicial
determination of filiation; (n) voluntary emancipation
of a minor; and (o) changes of name.
Sec. 3. Parties. - When cancellation or correction of
an entry in the civil register is sought, the civil
registrar and all persons who have or claim any
interest which would be affected thereby shall be
made parties to the proceeding.chanrobles virtua law
library
Sec. 4. Notice and publication. - Upon the filing of the
petition, the court shall, by an order, fix the time and
place for the hearing of the same, and cause
reasonable notice thereof to be given to the persons
named in the petition. The court shall also cause the
order to be published once a week for three (3)
consecutive weeks in a newspaper of general
circulation in the province.
Sec. 5. Opposition. - The civil registrar and any
person having or claiming any interest under the
entry whose cancellation or correction is sought may,
within fifteen (15) days from notice of the petition, or
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 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

from the last date of publication of such notice, file 262[1965]).It is true that the
his opposition thereto.
change from Esteban Sy to Sy Piao
Sec. 6. Expediting proceedings. - The court in which
the proceeding is brought may make orders would necessarily affect the
expediting the proceedings, and may also grant Identity of thefather. (Barillo v.
preliminary injunction for the preservation of the
rights of the parties pending such proceedings. Republic, 3 SCRA 725 [1961]) In
that sense, it can be said to be
Sec. 7. Order. - After hearing, the court may either dismiss the
petition or issue an order granting the cancellation or substantial.However, we find
correction prayed for. In either case, a certified copy of the
indubitable evidence to support the
judgment shall be served upon the civil registrar concerned
who shall annotate the same in his record. correction prayed for. . . .xxx xxx
Article 7. Non-disclosure of Birth Records. - The xxxIn the case of Ty Kong Tin v.
records of a person's birth shall be kept strictly Republic, 94 Phil. 321 (1954), as
confidential and no information relating thereto shall
be issued except on the request of any of the well as subsequent
following: casespredicated thereon, we
(1) The person himself, or any person authorized by forbade only the entering of
him;
material corrections in the record
(2) His spouse, his parent or parents, his direct of birth byvirtue of a judgment in a
descendants, or the guardian or institution legally in-
charge of him if he is a minor;
summary
action. the proceedings below,
(3) The court or proper public official whenever
absolutely necessary in administrative, judicial or although filed under Rule 108of the
other official proceedings to determine the identity of Rules of Court, were not summary.
the child's parents or other circumstances
surrounding his birth; and The Petition was published by order
(4) In case of the person's death, the nearest of kin.
of the lower Courtonce a week for
three consecutive weeks in a
Any person violating the prohibition shall suffer the penalty of
imprisonment of at least two months or a fine in an amount newspaper of general circulation in
not exceeding five hundred pesos, or both, in the discretion of accordance withlaw. The Solicitor
the court. (PD 603)
General was served with copy of
Republic v. Macliing the Petition as well as with notices
The principal ground relied upon in of hearings.He filed his Opposition
this appeal is that Rule 108 of the to the Petition. The Local Civil
Rules of Court upon whichprivate Registrar of the City of Baguio was
respondents anchor their Petition is likewiseduly served with copy of
applicable only to changes the Petition. A Fiscal was always in
contemplated in Article 412of the attendance at the hearings
Civil Code, which are clerical or inrepresentation of the Solicitor
innocuous errors, or to corrections General. He participated actively in
that are notcontroversial and are the proceedings, particularly, inthe
supported by indubitable evidence. cross-examination of witnesses.
(Tiong v. Republic, 15 SCRA
80
 Civil Law (outline) Reviewer of Atty. Steve Dicdican
By: Marian Jane C. Alumbro
Session: 5th-12th Session
And, notwithstanding that all
interested persons were cited
toappear to show cause why the
petition should not be granted, no
one appeared to oppose exceptthe
State through the Solicitor General.
But neither did the State present
evidence in support of its
Opposition.To follow the petitioner's
argument that Rule 108 is not an
appropriate proceeding without in
anyway intimating
what is the correct proceeding
or if such a proceeding exists at all,
would result inmanifest injustice.
FACTS: 'tn this case, the father
wanted to correct the bi r th
certificates of bis sons In one bi r th
certificate, the father's
name is being corrected f rom
'Esteban Sy" to "Sy Piao"
whi le in another bi r th certificate.
the son's name is being
cor rected from "Noe" to "Joe"
RULING: ' In the case of Ty Kong Tin
vs Republic, 94
Phi l 321 (7954), as wel l as
subsequent cases predicated
thereon, we forbade only the enter
ing of mater ial corrections in the
record of bi r th by vi r tue of a
judgment in a
summary action The proceedings
below, although filed
under Rule 108 of the Rules of Cour
t , were not summary
The Petition was published by order
of the lower cour t
once a week for three consecutive
weeks in a newspaper
of general circulation in accordance
wi th law The Solici..
tor General was served wi th the
copy of the Petition as
wel l as the notices of hearings He
filed his opposi t ion to
the Petition The Local Civil
Registrar of the City of Baguio
was likewise duly served a copy of
the Petition. A Fiscal
was always in at tendance at the
hearings in representat ion of the
Solicitor General. He par t icipated
actively in
the proceedings, particularly. in the
cross examination of
wi tnesses And, notwi thstanding
that all interested persons were ci
ted to appear to show cause why
the petit ion should not be granted,
no one appeared to oppose
except the State through the Sol ici tor
General But neither did the State present
evidence in suppor t of its opposition" [po
371]
Republic V. Valencia
FACTS: In this case, the pet i t ioner wish
to correct the
following in her children's bi r th
certificates: citizenship
from Chinese to Filipino; status f rom legi
t imate to illegitimate; and mother 's
status f rom married to single.
81
 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

"It is undoubtedly t rue that i f the RULING: "'Nor would i t be the first t ime
subject mat ter that a procedure,
of a petition is not for correction of of this character did suf f ice for the
clerical error of a correction of an error
harmless and innocuous nature but in the records of Civil Registrar In Mal
one involving nationality or icden vs. Republic
citizenship, which is indisputably [1964] , this Court ruled that test imonial
substantial as evidence may
wel l as controverted, af f i rmat ive override an erroneous entry Thereafter,
relief cannot be granted in Alioso vs
in a proceedings summary in Lastimoso [1965) , this cour t ruled that
nature, However. it is also an unauthorized
true that a f ight in law may be false ent ry may be cancelled by the
enforced and a wrong may Court through an
be remedied as long as the appropr iate act ion of this nature Mat ias vs ..
remedy is used Republic [1969] , the
opinion being penned by then Act ing
Where SC held that even substantial Chief Justice J ..BL
errors in a civil registry may be corrected Reyes. is even more in point " Thus:
and the true facts established under Rule "Granting that the
108 provided the parties aggrieved by supplying of a name that was lef t in
the error avail themselves of the blank in the original
recording of the bi r th does not const i
appropriate adversary proceeding. An
tute, as contended
appropriate adversary suit or proceeding
by the Solicitor General a rect i f icat ion
is one where the trial court has
of a mere clerical
conducted proceedings where all error. i t is wel l to observe that the
relevant facts have been fully and doct r ine of the case of
properly developed, where opposing Ty King Tin vs. Republic 94 Phil 321.
counsel have been given opportunity to and subsequent adjudicat ions
demolish the opposite partys case, and predicated thereon. forbade only
where the evidence has been thoroughly the entering
weighed and considered. of material corrections or
amendments in the record of
Kumala v. Abubakar bi r th by vi r tue of a judgment in a
FACTS: The correction sought here was to summary action against
change the ent ry of the sex f rom' M" to the Civil Registrar In the case of the
'F" in the bi r th certificate of the minor pet i t ioner herein.
female

82
 Civil Law (outline) Reviewer of Atty. Steve Dicdican

By: Marian Jane C. Alumbro

Session: 5th-12th Session

however, the proceedings were not The summary procedure under Rule 108,
summary. considerIng the publ icat and for that matter under Art. 412 of the
ion of the pet i t ion made by order Civil Code, cannot be used by Mauricio to
of the change his and Virginias civil status from
cour t in order to give not ice to married to single and of their three
any person that might be children from legitimate to illegitimate.
interested. including direct service on the Neither does the trial court, under said
Solicitor General himsel f " [528-529] Rule, have any jurisdiction to declare
their marriage null and void and as a
Leonor v. CA
Facts: Husband gave grounds for result thereof, to order the local civil
cancellation of the registration of the registrar to cancel the marriage entry in
marriage because it was a nullity due to the civil registry. Further, the respondent
the non-observance of the legal trial judge gravely and seriously abused
requirements of a valid marriage. his discretion in unceremoniously
(Registration of the marriage license was expanding his very limited jurisdiction
not a formal nor essential requisite for under such rule to hear evidence on such
marriage) a controversial matter as nullity of a
Held: The only errors that can be marriage under the Civil Code and/or
cancelled or corrected under Rule 108 of Family Code, a process that is proper
the Rules of Court are typographical or only in ordinary adversarial proceedings
clerical errors, not material or substantial under the Rules.
ones like the validity or nullity of a
marriage. A clerical error is one which is
visible to the eyes or obvious to the
understanding; error made by a clerk or a
transcriber; a mistake in copying or
writing (Black vs. Republic, L-10869, Nov.
28, 1958); or some harmless and
innocuous change such as a correction of
name that is clearly misspelled or of a
mis-statement of the occupation of the
parent. Where the effect of a correction
in a civil registry will change the civil
status of petitioner and her children from
legitimate to illegitimate, the same
cannot be granted except only in an
adversarial proceeding.
83