REPUBLIC ACT NO.

386 days following its complete publication unless the law does not deal with
AN ACT TO ORDAIN AND INSTITUTE sufficiently significant matters or is emergency in nature.
THE CIVIL CODE OF THE PHILIPPINES
Newspaper of general circulation
PRELIMINARY TITLE  Published for the dissemination of local news and general
information
CHAPTER 1. EFFECT AND APPLICATION OF LAWS  Has a bona fide list of paying subscribers
(Articles 1-18)
 It is published in general intervals
CHAPTER 2. HUMAN RELATIONS  Must be available to the public in general
Article 19-36  Must be appealing to public in general (not only for a particular
class, profession, trade, calling, race or religious denomination)
 Needs NOT to have the largest circulation as long as it is of general
LAW INTRODUCING THE LAW circulation
Law is “a rule of conduct, just, obligatory, promulgated by legitimate
authority, and of common observance and benefit.” (Sanchez Roman) Rule means any agency statement of general applicability that implements or
interprets a law, fixes and describes the procedures in, or proactive
CHAPTER 1. requirements of, and agency, including its regulations
EFFECT AND APPLICATION OF LAWS
(Articles 1-18) Every agency shall file with the University of the Philippines Law Center
three (3) certified copies of every rule adopted by it.
ARTICLE 1. This act shall be known as the “Civil Code of the
Philippines.” Municipal ordinance are not covered by Article 2 but by the Local
Government Code.
Sources of Civil Laws  Posting in conspicuous places is required, with publications
 Spanish Civil Code of 1880 (Old Civil Code) requirement of the gist thereof in case ordinance with penal
 Codes, laws, and jurisprudence from other countries sanctions.
 Philippine statutes  HUCs and ICCs are required to publicize the main features of the
ordinances or resolutions duly approved.
ARTICLE 2. Laws shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazette or in a ARTICLE 3. Ignorance of the law excuses no one form compliance
newspaper of general circulation in the Philippines, unless it is therewith.
otherwise provided. This code shall take effect one year after such
publication. EFFECTIVITY OF LAW FROM THE VIEWPOINT OF SUBJECT
Ignorantia legis non excusat
THE NEW CIVIL CODE TOOK EFFECT 30 AUGUST 1950. Ignorance of the law excuses no one from compliance therewith

EFFECTIVITY OF LAW FROM THE POINT O F VIEW OF Ignorance encompasses not only substantive but also procedural laws. The
PUBLICATION application is limited to mandatory and prohibitory laws.
Publication is a requirement of due process. Before a person may be bound by
law, he must first be officially and specifically informed of its contents. Good faith is not a valid defense.

Laws takes effect on the 16th day; law takes effect after (not on) 15 days CASE: Where the agency tasked to implement the law provided the period, it
following their complete publication. is plausible for one to assume that what the agency pronounced is correct. He
cannot be blamed for honestly believing that he has a longer period than that
Laws that require publication prescribed in the law. Article is not applicable.
 All statutes including those of local application and private laws
 Presidential Decrees and Executive orders promulgated by the Ignorantia facti excusat
President in the exercise of legislative powers Ignorance or mistake in point of factis, in all cases of supposed offense, a
 Administrative rules and regulations enforcing or implementing sufficient excuse.
existing law pursuant to a valid delegation
 Law granting citizenship to a particular individual The theory of non-liability by reason of honest mistake of fact applies only
 Charter of a city when the mistake is committed without fault or carelessness.
 Those naming a public place after a favored individual or
exempting him from certain prohibitions or requirements The esistence of a foreign law must be proved as a fact. Philippine courts
cannot take judicial notice of foreign laws.
Interpretative regulations and those merely internal in nature, that is,
regulating only the personnel of the administrative agency and not the ARTICLE 4. Laws shall have no retroactive effect, unless the contrary
public, need not be published. is provided.

Unless otherwise provided – the legislature may, in its discretion, provide EFFECTIVITY OF LAW FROM PERSPECTIVE OF TIME
that the usual 15-day period be shortened or extended. All statutes are to be construed as having only a prospective operation.

Shall take effect immediately – effective immediately upon its publication Principle of prospectively also applies to judicial decisions.

Act shall take effect upon its approval – effective on the date it was In an amendatory act, every case of doubt must be resolved against its
published retroactive effect.

RA 9006 – “shall take immediately upon its approval” is defective, law took Retrospective application of a law is allowed when the purpose and intention
effect after the 15-day period of the legislature to give it a retrospective effect is expressly declared or is
necessarily implied from the language used.
Even in the case of stated less than after 15-day publication, including and
effective immediately provision, the law should be made effective after 15
Article 22 of the Revised Penal Code provides that penal laws shall have
retroactive effect insofar as they favor the person guilty of a felony who is not Waiver is a defined as a voluntary and intentional relinquishement of
a habitual delinquent. abandonment of a known existing legal right, advantage, benefit, claim or
Article 2253 of the New Civil Code expresses that rights declared for the privilege, which upon such waiver the party would have enjoyed.
first time under it maybe effective even though the act or event that gives rise
therto may have been done or may have occurred under the prior legislation. Waiver covers every conceivable right. A person may waive any matter which
Article 2266 further specifies provisions that shall have retroactive effect. affects his propert and any alienable right or privilege of which he is the owner
or which belongs to him or to which he is legally entitled, whether secured by
Article 256 of the Family Code provides that the law shall have a retroactive contract, conferred with statute, or guaranteed by constitution.
effect insofar as it does not prejudice or impair vested or acquired rights in
accordance with the Civil Code or other laws. Requisites of a valid waiver
1. Existence of a right
A law enacted as a labor protection measure and as a curative statute can be 2. The knowledge of the existence thereof
applied retroactively. 3. An intention to relinquish such right

A law maybe retroactively applied because it is procedural in nature. Waiver is allowed provided that the rights and privileges rest in the individual,
are intended for his sole benefit do not infringe on the rights of others.
Statutes that are remedial, or that do not create new or take away vested
rights, do not fall under the general rule against the retroactive operation of Renuntiatio non praesumitur
statutes. A waiver of rights is not presumed.
Waiver of rights must be shown to have been voluntarily and freely entered
Bill of Rights: No shall impairing obligations of contracts shall be passed. No by the parties.
ex post facto law shall be enacted.
Constitutional rights may be waived (right against unreasonable searches
Ex post facto law makes criminal an act done before the passage of the law and seizures, right to counsel and to remain silent, right to be heard, right to
and which was innocent when done, or one which punishes an act or aggravate bail)
a crime, or make it greater that it was when committed.
ARTICLE 7. Laws are repealed only by subsequent ones, and their
ARTICLE 5. Acts executed against the provisions of mandatory or violation or non-observance shall not be excused by disuse, or custom,
prohibitory laws shall be void, except when the law itself authorizes or practice to the contrary.
their validity.
When the courts declared a law to be inconsistent with the
EFFECTIVITY OF ACT NOT IN COMPLIANCE WITH LAW Constitution, he former shall be void and the latter shall govern.
Mandatory connotes that the act required shall not be done otherwise than
designated. Administrative or executive acts, orders and regulations shall be valid
only when they are not contrary to the laws or the Constitution.
A permissive law is one that allows certain acts but does not command them.
CESSATION OF EFFECTIVITY OF LAWS
It allows discretion in performing the act.
Only a law can repeal another law.
Those provisions which are mere matter of form, or which are not material, do
Two (2) modes of repeal
not affect any substantial right, and do not relate to the essence of the thing to
1. Express repeal
be done, so that compliance is a matter of convenience rather than substance
An express repealing clause identifies or designates the Act or Acts
are considered to be directory.
that are intended to be repealed.
Statutory provisions which relate to matters of substance, affect substantial
2. Implied repeal
rights are the very essence of the thing required to be done, are regarded as
There is no specific express repealing clause. The repeal exists
mandatory.
when a statute of later date clearly reveals an intention on the part
of the legislature to abrogate a prior act on the subject.
The term “shall: maybe read either as mandatory or directory depending upon
a consideration of the entire provisions. The intent is not to repeal any existing law unless an irreconcilable
inconsistency exists in the terms of the new and old laws.
Void means not existing in the eyes of the law, that is, of no effect whatever,
absolutely and entirely null, ad of no legal force and which for that reason Two (2) categories of Implied Repeal
cannot be enforced. a. Where the provision in the two acts on the same subject
matter are in irreconcilable conflict, the later act to the extent
A void act produces no rights, imposes no duties, and affords no of the conflict constitutes an implied repeal of the earlier one
protection. It has no legal effect and is inoperative. b. The later act covers the whole subject of the earlier one and is
clearly intended as a substitute, it will operate to repeal the
“the following cannot adopt” is mandatory because it contains words of earlier law
positive prohibition, whereas “the following may be adopted” is merely “Any provision of law, order, rule or regulation inconsistent with the provision
directory and can only be given operation if the same does not conflict with a of law, order, rule or regulation inconsistent with the provisions of the law is
mandatory provision. hereby repealed or modified accordingly” signals and implied repeal.

Special law prevails over a general law. The special law will control the
ARTICLE 6. Rights may be waived, unless the waiver is contrary to
law, public order, public policy , morals or good customs, or general law regardless of their respective dates of passage.
prejudicial to a third person with a right recognized by law.
The law which expressly repeals a prior law is itself repealed, the law first
repealed shall not be thereby revived unless expressly so provided.
NEGATING EFFECTIVITY OF LAW
Right is the power which a person has to demand from another any prestation If the law which repealed impliedly was subsequently repealed, the prior law is
(benefit). (Sanchez Roman) revived unless the repealing statute provides otherwise.
A right is a power, privilege, or immunity guaranteed under a constitution,
statute or decisional law, or recognized as a result of long usage, constitutive of A law ceases to be effective if its provisions are contrary to those provided in
a legally enforceable claim of one person against another. higher law. Any legislative element must not be repugnant to the Constitutions.
No law can render nugatory the Constitution because the Constitution is more laws, it is presumed that the lawmaking body intended right and
superior to a statute. justice to prevail.

AARTICLE 8. Judicial decisions applying or interpreting the laws or EFFECTIVITY OF LAW FAVORING RIGHT AND JUSTICE
the Constitution shall form part of the legal system of the Philippines. Dura lex sed lex
The law is harsh, but that is the law
EFFECT OF JUDICIAL DECISION ON EFFFECTIVITY OF LAW When the law is clear, there is no other recourse but to apply it regardless of its
Not all legal decisions form part of the legal system. Only the decisions of the perceived harshness.
Supreme Court constitute binding precedents, forming part of the
Philippine legal system and as it were “laws” in their own right because they The law should never be interpreted to oppress one in order to favor another.
interpret what the law say or mean.
. A court has the duty to adjudicate conflicting claims based not only on the cold
provision of the law but also according to the higher principles of right and
The duty of the Court is to forsake and aband justice.
Stare decisis et non quieta movere
To adhere to precedents and not to unsettle things which are established. ARICLE 11. Customs which are contrary to law, public order or
When a question of law has been examined or decided, it should be deemed public policy shall not be countenanced.
settled and closed to further argument on any doctrine or rule found to be in
violation of the law in force. Custom is a rule of conduct formed by repetition of acts, uniformly observed
(practiced) as a social rule, legally binding and obligatory.
Ratio Decidendi (the reason for the decision) means the principle or rule of
law on which the court’s decision is founded; it is the reasoning or principle Any person who willfully causes loss or injury to another in a manner that is
upon which a case is based contrary to morals, good customs or public policy shall compensate the latter
for the damage.
Obiter dictum is an opinion expressed by a court upon some question of law
which is not necessary to the decision of the case before it; language ARTICLE 12. A custom must be proved as a fact, according to the
unnecessary to a decision rules of evidence.

Dissenting opinion has nothing to enforce since it affirms or overrules no Substantive law prescribed the rights and duties of all who are subject to the
claim, right or obligation, and neither disposes of, nor awards anything. law.

Decisions of the SC should be applied prospectively. Publication is not a Adjective law relates to the remedial agencies and procedure available for the
prerequisite for the effectivity of a court ruling even if it lays down a new enforcement so such rights to the redress of their invasion.
rule of procedure.
So far as it defines and creates rights and duties, it is substantive. So far as it
The decisions of subordinate courts have a persuasive effect and may serve as provides a method for aiding and protecting, it is adjective.
judicial guides.
Courts take no judicial notice of a custom. A local custom as a source of
Executive or contemporaneous onstruction by an administrative agency tasked right cannot be considered by a court unless such custom is properly
of interpreting and applying the law is entitle to full respect and should be established by competent evidence like any other fact.
accorded great weight by the courts, unless such construction is shown to be in
sharp conflict with the Constitution, the governing statute, or other laws. ARTICLE 13. If the law speaks of years, months, days or nights, it
shall be understood that years are of three hundred sixty-five days
ARTICLE 9. No judge or court shall decline to render judgment by each; months, of thirty days; days, of twenty-four hours; and nights
reason of the silence, obscurity or insufficiency of the laws. from sunrise to sunset.

APPLICATION OFLAW WHEN LAW IS NOT THERE If months are designated by their name, they shall be computed by the
number of days which they respectively have.
Sources of rules when the law is wanting
 Customs which are not contrary to law, public order, and public In computing a period, the first day shall be excluded, and the last day
policy included.
 Decision of foreign and local courts on similar cases
 Opinions of highly qualified writers and professors EFFECTIVITY OF LAWS AND PERIODS OF TIME
 Rules of statutory constructions The 366th day of the leap year marks the beginning of another (legal) year.
 Principles laid down in analogous instances
 General principles of the natural moral law human law, and equity Calendar month is the period of time running from the beginning of a certain
 Respect for human dignity and personality numbered day up to, but not including, the corresponding numbered day of the
next month, and if there is not a sufficient number of days in the next month,
When a local custom is properly established, it may be considered by a court as then up to and including the last day of that month. (April 15, 1998 to May 15,
a source of right 1998)

Governing laws cannot be supplanted with customs, albeit how widely Note: Months (not calendar months) mean 30 days.
observed.
When the day, or the last day, for doing any act required or permitted by law
Resort to foreign jurisprudence would be proper only is no law or falls on a regular holiday of special day, the act may be done on the next
jurisprudence is available locally to settle a controversy. Foreign jurisprudence succeeding business day.
is only persuasive.
ARTICLE 14. Penal laws and those of public security and safety shall
A case of silence or insufficiency of the law calls for the application of equity. be obligatory upon all who live or sojourn in the Philippine territory,
subject to the principles of public international law and to treaty
A court’s refusal to decide one immaterial or unnecessary legal question stipulations.
does not infringe the Article 9.
ARTICLE 15. Laws relating to family rights and duties, or to the
ARTICLE 10. In case of doubt in the interpretation of application of status, condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad.
ARTICLE 16. Real property as well as personal property is subject to
the law of the country where it is stipulated.

However, intestate and testamentary successions, both with respect to

the order of succession and to the amount of successional rights and to
the intrinsic validity of testamentary provisions, shall be regulated by
the national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the
country wherein said property may be found.

ARTICLE 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in
which they are executed.

When the acts referred to are executed before the diplomatic or

consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those

which have for their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a
foreign country.

ARTICLE 18. In matters which are governed by the Code of

Commerce and special laws, their deficiency shall be supplied by the
provisions of this Code.

EXTENSION OF EFFECTIVITY OF CIVIL CODE PROVISIONS

The application of the Civil Code provisions is extended to matters governed
by other sets of laws only in case of deficiency.

Instances when New Civil Code declares itself as Prevailing/Superior Law

1. Article 1766 – In all matters not regulated by this code, the rights
and obligations of common carriers shall be governed by the code
of commerce and by special laws
2. Article 2237 – Insolvency shall be governed by special law insofar
as they are no inconsistent with this code
CHAPTER 2. A willful or negligent act must result to a damage before liability will arise. A
HUMAN RELATIONS wrong without damage or damage without wrong does not constitute a cause of
(Articles 19-36) action.

Designed to indicate certain norms that spring from the fountain of good Injury is the illegal invasion of a legal right, while damage is the loss, hurt, or
conscience meant to serve as guides for human conduct that should run harm which results from the injury.
through society to the end that law may approach its supreme ideal which is
the sway and dominance of justice. Damages is the pecuniary compensation, recompose, or satisfaction for an
injury sustained, or the pecuniary consequences which the law imposes for the
EXPANDED CONCEPT OF LAW breach of some duty or violation of some right.
The law is being introduced by providing some basic principles that are to be
observed for the rightful relationship between human beings and for the 1. Actual or compensatory
stability of social order. 2. Moral damages. Include physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded feelings, moral
1. The law establishes a norm of conduct shock, social humiliation, and similar injury.
2. How the norm maybe transgressed 3. Nominal
3. Remedy available in the event of violation 4. Temperate or moderate
5. Liquidated
Fault is a wrong done by an individual. Negligence is failure to do what an 6. Exemplary or corrective
ordinary man ought to have been done.
ARTICLE 20. Every person who, contrary to law, willfully or
When fault or negligence is committed, a person may be held responsible but negligently causes damage to another, shall indemnify the latter for the
only when injury is suffered by another. Even without fault or negligence, same.
an individual maybe held liable (through the performance of another, events f
nature). Willful violation of the law when there is intention to do it. Negligent
violation when there is no specific intent not to comply with the standard set
ARTICLE 19. Every person must, in the exercise of his rights and in by law but there is a failure to observe that degree of care, precaution and
the performance of his duties, act with justice, give everyone his due, vigilance which the circumstances demand.
and observe honesty and good faith.
If there is no damage, there is no liability.
He who uses a right injures no one.
Mistakes concededly committed by public officers are not actionable absent
When a right is exercised in a manner which does not conform with the norms any showing that they were motivated by malice or gross negligence
and results in damage to another, a legal wrong is committed for which the amounting to bad faith.
wrongdoer must be held liable.
Inconvenience is not a basis for liability.
Requisites of Abuse of Rights
1. The existence of a legal right or duty ARTICLE 21. Any person who willfully causes loss or injury to
2. Which is exercised in bad faith; and another in manner that is contrary to morals, good customs or public
3. For the sole intent of prejudicing or injuring another policy shall compensate the latter for the damage.

Bad Faith. Imports a dishonest purpose or some moral obliquity and conscious Act contrary to morals, good customs or public policy arose from a willful
doing of a wrong, or a breach of known duty due to some motives or interest or conduct; no liability if the act arose from a negligent act
ill will that partakes of the nature of fraud.
Contra Bonus Mores
Malice connotes ill will or spite and speaks not in response to duty. It implies 1. There is a legal act
an intention to do ulterior and injustifiable harm. 2. Contrary to morals, good custom, public order, or public policy
3. It is done with intent to injure
Good Faith refers to the state of the mind which is manifested by the acts of
the individual concerned which consists of the intention to abstain from taking Article 21 grants adequate legal remedy for the untold number of moral
an unconscionable and unscrupulous advantage of another. wrongs which is impossible for human foresight to enumerate and punish in
statutes.
Article 19 is a declaration of principle but when unduly ignored or violated,
maybe a valid source of a cause of action or defense. Malicious prosecution is an action for damages brought by one against whom
a criminal prosecution, civil suit, or other legal proceeding has been instituted
If no remedy for its violation is provided by a provision of law, an action for maliciously and without probable cause, after the termination of such
damages under either Article 20 or 21 (NCC) maybe filed. prosecution, suit or other proceeding in favor of defendant therein.

Article 19 and 21, act must be intentional; Article 20 does not distinguish Requisites:
(act may be done willfully or negligently) 1. The fact of prosecution, the further fact that the defendant is the
prosecutor, and the action was terminated with an acquittal
Abuse of right entails an act will be perfectly legal had not the manner of its 2. The prosecutor acted without probable cause
exercise or performance been unfair or unconscionable. 3. The prosecutor was actuated or impelled by legal malice

Wrong. The deprivation or violation of a right. Malice and lack of probable cause must both exist in order to justify an action
Where there is wrong, there is a remedy. for damages based on malicious prosecution.

Damnum Absque Injuria ARTICLE 22. Every person who through an act of performance by
Loss or damage without injury another, or any other means, acquires or comes into possession of
The damage resulting from the legitimate exercise of a person’s rights is a loss something at the expense of the latter without just or legal ground,
without injury for which the law gives no remedy. shall return the same to him.

FAULT OF NEGLIGENCE NOT REQUIRED

Nemo ex alterius incommode debet leccupletari Monopolies and combinations in restraint of trade are considered criminal
No man ought to be made rich out of another’s injury offenses.

Quasi-contract of Solutio Indebiti. If something is received when there is no

right to demand it, and it was unduly delivered through mistake, the obligation
to return it arises

Requirements of Unjust Enrichment

1. A person is benefitted without any valid basis or justification
2. Such benefit is derived at the expense of another
Accio in Rem Verso is the action for recovery of what has been paid without
just cause.

Requisites:
1. The defendant has been enriched
2. The plaintiff has suffered a loss
3. Enrichment of defendant is without just or legal ground
4. Plaintiff has no other action based on contract, quasi-contract, crime
or quasi-delict

ARTICLE 23. Even when an act or event causing damage to another’s

property was not due to the fault or negligence of the defendant, the
latter shall be liable for indemnity if through the act or event he was
benefitted.

*Remember the cattle saved and crops destroyed in cultivated highland during
a flood

ARTICLE 24. In all contractual, property or other relations, when one

of the parties is at a disadvantage on account of his moral dependence,
ignorance, indigence, mental weakness, tender age or other handicap,
the courts must be vigilant for his protection.

Doctrine of Parens Patriae refers to the inherent power and authority of the
state to provide protection of the person and the property of a person non sui
juris (under legal disability); The State has sovereign power of guardianship
over persons with disability

ARTICLE 25. Thoughtless extravagance in expenses for pleasure or

display during a period of acute public want or emergency may be
stopped by order of the courts at the instance of any government or
private charitable institution.

The extravagance becomes thoughtless when the display disregards callously

the sufferings of those victimized by public want or emergency.

ARTICLE 26. Every person shall respect the dignity, personality,

privacy and peace of mind of his neighbors and other persons. The
following and similar acts, though they may not constitute a criminal
offense, shall produce a cause of action for damages, prevention and
other relief:

1) Prying into the privacy of another’s residence;

2) Meddling with or disturbing the private life or family
relations of another;
3) Intriguing to cause another to be alienated from his friends;
4) Vexing or humiliating another on account of his religious
beliefs, lowly station in life, place of birth, physical defect, or
other personal condition

ARTICLE 27. Any person suffering material or moral loss because a

public servant or employee refuses or neglects, without just cause, the
performance of his duty may file an action for damages and other
relief against the latter, without prejudice to any disciplinary
administrative action that may be taken.

ARTICLE 28. Unfair competition in agricultural, commercial or

industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust or highhanded
method shall give rise to a right of action by the person who thereby
suffers damage.

The State shall regulate or prohibit monopolies when the public interest so
requires.
BOOK I: PERSONS NATURAL PERSONS
(Article 40-43)
TITLE I: CIVIL PERSONALITY
CHAPTER 1. GENERAL PROVISIONS ARTICLE 40. Birth determines personality; but the conceived child
CHAPTER 2. NATURAL PERSONS shall be considered born for all purposes that are favorable to it,
CHAPTER 3. JURIDICAL PERSONS provided it be born later with the conditions specified in the following
article.
TITLE II: CITIZENSHIP AND DOMICILE
ARTICLE 41. For civil purposes, the fetus is considered born if it is
alive at the time it is completely delivered from the mother’s womb.
TITLE I However, if the fetus had an intra-uterine life of no less than seven
CIVIL PERSONALITY months, it is not deemed born if it dies within twenty-four hours after
its complete delivery from the maternal womb.
CHAPTER 1
GENERAL PROVISIONS Conception is the meeting of the sperm and egg and marks the beginning of
(Article 37-39) intra-uterine life.

Birth is the end of the intra-uterine life when the zygote is expelled from the
ARTICLE 37. Juridical capacity, which is fitness to be the subject of womb.
legal relations, is inherent in every natural person and is lost only
through death. Capacity to act, which is the power to do acts with legal The zygote during the (usually) 9-month intra-uterine life may be subjected to
effect, is acquired and maybe lost.
impending legal relations.
Personality = civil capacity; Juridical Capacity = Legal Personality
From the moment of conception, a fetus is accorded presumptive or
provisional personality. A child upon being conceived becomes a bearer of
Status was the sum total of a person’s rights and duties as determined by the
rights and capable of being dealt with as a living person.
class to which he belonged. (Romans) To be a person was to have a legal
standing, a status, a legal capacity, a caput.
Two Classes of Birth
1. Seven months or more of intra-uterine life
Two classes of persons: 1) Natural Persons, 2) Juridical Persons
- Enough that the fetus is alive upon complete delivery; even if
it dies soon after delivery, it shall be considered born, with
Juridical Capacity is the fitness to be the subject of legal relations.
personality and rights
2. Less than seven months of intra-uterine life
Capacity to Act is the capacity to do acts with legal effects.
- It must not die within 24 hours after complete delivery; if it
dies within 24 hours, it won’t be considered born and with no
ARTICLE 38. Minority, insanity or imbecility, the state of being a
personality
deaf-mute, prodigality and civil interdiction are mere restriction on
capacity to act, and do not exempt the incapacitated person from
certain obligations, as with the latter arose from his acts or from ARTICLE 42. Civil personality is extinguished by death.
property relations, such as easements.
The effect of death upon the rights and obligations of the deceased is
determined by law, by contract and by will.
Full civil capacity = Juridical Capacity + Capacity to Act
Just line an unborn child, the deceased is not fit to be subject of legal relation
Minority is the state where a person has not yet reached the age of majority or
nor does he have any capacity to act.
18 years of age.
Death ends the physical existence of a natural person as it extinguishes his
Civil interdiction is the accessory penalty imposed on those who have been
juridical capacity and capacity to act.
convicted of crimes punished by at least 12 years of imprisonment; deprives
the offender during the time of his sentence of the right to dispose of his
Matrimonial property regime is terminated upon death od either spouse.
property by any act or any conveyance inter vivos (transfer of property that
takes effect during lifetime).
Criminal liability is totally extinguished by death of the convict as to personal
penalties. Liability on pecuniary penalties are extinguished only if death occurs
An imbecile, insane person or a minor may be civilly liable even if exempt
before final judgment.
from criminally liability. Insane person or minor causing damage who has no
parents or guardian may be held liable with his own property.
The estate of a dead person is considered a “person” for certain purposes to
avoid injustice and prejudice.
ARTICLE 39. The following circumstances, among others, modify or
limit capacity to act: age, insanity, imbecility, the state of being deaf-
mute, penalty, prodigality, family relations, alienage, absence, ARTICLE 42. If there is doubt, as between two or more persons who
insolvency and trusteeship. The consequences of these circumstances are called to succeed each other, as to which of them died first,
are governed in this Code, and in special laws. Capacity to act is not whoever alleges the death of one prior to the other, shall prove the
limited on account of religious belief or political opinion. same; in the absence of proof, it is presumed that they died at the same
time and there shall be no transmission of rights from one to the other.

A married woman, twenty-one years of age or over is qualified to all The presumption of simultaneous death arises only “in case of doubt.”
acts of civil life, except in cases specified by law.
Presumptions of Survivorship (Rules of Court)
A person cannot marry collateral relatives up to fourth civil degree of *does not apply for purposes of succession; presumption apply when those
consanguinity. Deaf-mutes cannot be witnesses to a will. An alien cannot be involved are not called upon to succeed each other
elected President. An insolvent is prohibited from transferring any of his
properties. Payment to the insolvent of any debts due to him is not allowed. Both under 15 y/o Older survives
Both above 60 y/o Younger survives
The age of majority for both male and female is 18 years of age. However, Under 15 y/o v above 60 y/o Younger survives
parental consent is required in contracting marriage until the age of 21. Both between 15-60 y/o
- Different Sex Male survives
CHAPTER 2 - Same Sex Older Survives
Under 15/over 60 v between 15-60 Between 15-60 y/o survives
CHAPTER 3 It may have a good reputation which, if besmirched, can be a ground for the
JURIDICAL PERSONS recovery of moral damages.
(Article 44- 47)
ARTICLE 47. Upon the dissolution of corporations, institutions and
ARTICLE 44. The following are juridical persons: other entities for public interest or purpose mentioned in No. 2 of
1. The State and its political subdivisions; Article 44, their property and other assets shall be disposed of in
2. Other corporations, institutions and entities for public pursuance of law or the charter creating them. If nothing has been
interest or purpose, created by law; their personality begins specified on this point, the property and other assets shall be applied to
as soon as they have been constituted according to law; similar purposes for the benefit of the region, province, city or
3. Corporations, partnerships and associations for private municipality which during the existence of the institution derived the
interest or purpose to which the law grants a juridical principal benefits of the same.
personality, separate and distinct from that of each
shareholder, partner or member. Applies only to dissolved Public Corporations, not to private corporations.

Juridical Person is a being of legal existence, susceptible of rights and

obligations, or of being subject of juridical relations.

Corporation is an artificial being created by operation of law, having the right

of succession and the powers, attributes, and properties expressly authorized
by law or incident to its existence.

Public Corporations are those formed or organized for the government of a

portion of the state for the purpose of general good and welfare. Private
Corporation are those formed for some private purposes, benefit, aim or end.

Partnership. Two or more persons bind themselves to contribute money,

property, or industry to a common fund with the intention of dividing the
profits among themselves.

Other Juridical Personalities

1. Cooperatives
2. Homeowners’ Association (registered to HLURB)

A sole proprietorship does not possess a juridical personality separate and

distinct from the personality of the owner.

ARTICLE 45. Juridical persons mentioned in Nos. 1 and 2 of the

preceding article are governed by the laws creating or recognizing
them.

Private corporations are regulated by laws of general application on

the subject.

Partnership and associations for private interest or purpose are

governed by the provisions of this Code concerning partnerships.

Juridical Person Governing Law

Republic of the Philippines 1987 Constitution
Political Subdivisions Administrative Code, Local
Government Code
Chartered Cities Charter/ Statute creating them
Corporations Corporation Code of the Philippines
(profit; non-profit, non-stock;
foundations)
GOCCs Special law or charter, NCC
supplements
Cooperatives Philippine Cooperative Code of
2008
Homeowners’ Association Magna Carta for Homeowners and
Homeowners’ Associations
Partnerships Title IX, Book IV, NCC

ARTICLE 46. Juridical persons may acquire and possess property of

all kinds, as well as incur obligations and bring civil or criminal
actions, in conformity with the laws and regulations of their
organization.

As an artificial being or person, a juridical person is endowed with the powers,

attributes and qualities of a natural person.

A corporation is entitled to the protection afforded by due process of law and

equal protection of the laws. However, it cannot suffer damages on the basis of
physical suffering or mental anguish.
TITLE II other provision does not fix the domicile of juridical persons, the same
CITIZENSHIP AND DOMICILE shall be understood to be the place where their legal representation is
(Article 48-51) established or where they exercise their principal functions.

ARTICLE 48. (SUPERSEDED BY THE 1987 CONSTITUTION) Juridical persons are also assigned their domicile.

ARTICLE IV, SECTION 1. The following are citizens of the

Philippines:

1) Those who are citizens of the Philippines at the time of the

adoption of this Constitution;
2) Those whose fathers or mothers are citizens of the
Philippines;
3) Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority; and
4) Those who are naturalized in accordance with law.

NATURAL BORN CITIZENS are those who are citizens of the Philippines
from birth without having to perform any act to acquire or perfect their
Philippine citizenship. Those in paragraph 3 are also natural-born citizens.

ARTICLE 49. Naturalization and the loss and reacquisition of

citizenship of the Philippines are governed by special laws.

NATURALIZATION is a legal process whereby one, who is not, acquires the

citizenship of one country. Naturalization signifies the act of formally adopting
a foreigner into the political body of a nation by clothing him or her with the
privileges of a citizen.

Three ways of Naturalization

1. Administrative naturalization
RA 9139 or Administrative Naturalization Law of 2000
2. Judicial naturalization
CA 473 or Revised Naturalization Law
3. Legislative naturalization/ Act of Congress

RA 9225 or the Citizenship Retention and Re-Acquisition Act of 2003

- Dual Citizenship Law

ARTCILE 50. For the exercise of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of their
habitual residence.

DOMICILE is an individual’s permanent home, a place to which, whenever

absent for business or for pleasure, one intends to return (animus revertendi)
and remain (animus manendi).

Twin Elements of Domicile

1. The fact of residing or physical presence in a fixed place
2. Animus manendi, the intention of returning there permanently

Classifications of Domicile
1. Domicile of Origin. Acquired by every person at birth
2. Domicile of Choice. Acquired upon abandonment of the domicile
of origin
3. Domicile by Operation of Law. The law attributes to a person
independently of his residence or intention

Rules on Domicile
1. A man must have a residence or domicile somewhere
2. Domicile, once established, remains until a new one is validly
acquired
3. A man can have but one residence or domiciles at any given time

The Domicile is not easily lost; it is lost only when there is an actial removal
or change of domicile, a bona fide intention of abandoning the former
residence and establishing a new one

RESIDENCE is the physical presence of a person in a given area, community

or country; involves intent to leave when the purpose for which the resident
has taken-up his abode ends

ARTICLE 51. When the law creating or recognizing them, or any

FAMILY CODE
ARTICLE VX, SECTION 2. 1987 CONSTITUTION
TITLE I: MARRIAGE
TITLE II: LEGAL SEPARATION
TITLE III: RIGHTS AND OBLIGATIONS BETWEEN Marriage is a permanent union. Absolute divorce is not availing in the
HUSBAND AND WIFE Philippines, except:
TITLE IV: PROPERTY RELATIONS BETWEEN 1) Under the Code of Muslin Personal Laws of the Philippines
HUSBAND AND WIFE 2) In case of mixed marriages involving a Filipino spouse
TITLE V: THE FAMILY
3) In case of recognition of foreign divorce involving foreigners
TITLE VI: PATERNITY AND FILIATION
TITLE VII: ADOPTION
TITLE VIII: SUPPORT When a void ab intio marriage is declared a nullity, the marital tie is rendered
TITLE IX: PARENTAL AUTHORITY inexistent. When a voidable marriage is annulled, the marital relationship
TITILE X: EMANCIPATION AND AGE OF MAJORITY between the two parties is severed. PARTIES MAY CONTRACT INTO
TITLE XI: SUMMARY JUDICIAL PROCEEDINGS IN ANOTHER MARRIAGE.
THE FAMILY LAW
TITLE XII: FINAL PROVISIONS When a subsequent bigamous marriage is terminated, the subsequent spouse
may marry again, but not the spouse present who will remain married to the
reappearing spouse.
TITLE I: MARRIAGE
ARTICLE 2. No marriage shall be valid, unless these essential
CHAPTER 1. REQUISITES OF MARRIAGE requisites are present:
Article 1-26 1) Legal capacity of the contracting parties who must be a male
and a female; and
CHAPTER 2. MARRIAGES EXEMPTED FROM 2) Consent freely given in the presence of the solemnizing
LICENSE REQUIREMENT officer.
Article 27-34
ARTICLE 3. The formal requisites of marriage are:
CHAPTER 3. VOID AND VOIDABLE MARRIAGES 1) Authority of the solemnizing officer;
Article 35-54 2) A valid marriage license except in the case provided for in
Chapter 2 of this Title; and
3) A marriage ceremony which takes place with the
CHAPTER 1 appearance of the contracting parties before the solemnizing
REQUISITES OF MARRIAGE officer and their personal declaration that they take each
Article 1-26 other as husband and wide in the presence of not less than
two witnesses of legal age.
ARTICLE 1. Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with law for ESSENTIAL REQUISITES.
the establishment of conjugal and family life. It is the foundation of the 1) Legal capacity of the contracting parties who must be a male and a
family and an inviolable social institution whose nature, consequences, female
and incidents are governed by law and not subject to stipulation, a) Parties must be legally capacitated
except that marriage settlement may fix the property relations during
 Age. At least 18 y/o
the marriage within the limits provided by this Code.
 Relational Requirement. Without relationship
The article lays down the philosophical foundation of Philippine marital impediments (Art 37, 38)
laws. Application and interpretations should be consistent with such b) Parties must be a male and a female
perspective.
2) Consent freely given in the presence of a solemnizing officer
Conjugal life refers restrictively to the relationship between the husband and a) Consent (Art 14, 45(1))
the wife. Family life includes their children.  A freely given consent requires contracting parties
to willingly and deliberately enter into the
Two Aspects of Marriage marriage.
1. As a Contract. It is a meeting of minds between two persons  Consent freely given means it must be real and not
whereby one binds himself with respect to the other to give given in jest or tainted by any of the vices of
something or render some service. Contains essential element of a consent (Art 45; Fraud, Intimidation, Unsoundness
contract, particularly consent. of Mind)
2. As a Status. From “single” to “married”. Being married modifies  Total absence of consent = voidable marriage;
or limits the capacity to act of spouses. Vitiated consent = void ab initio
b) In the presence of the Solemnizing Officer
The Law treats marriages as greater than mere interpersonal relationship but as
an inviolable social institution. FORMAL REQUISITES. Refer to external conduct required of the parties or
of the solemnizing officers essential to the formation of legally valid marriage.
Marriage is a special contract.
1) Solemnizing Officer. Only those specifically authorized by law are
Nominate Contracts. Special contracts that have specific names designated by to solemnize marriage
law, and are covered largely by the specific provisions in the Title or special 2) Marriage License. Issued by the local civil registrar after proper
laws governing or creating them. (Marriage, contract of sale, contract of application by the contracting parties and compliance with notice
lease, contract of insurance) requirement.
3) Marriage Ceremony. Basic ritual in order that solemnization will
In conflicts between rules governing ordinary contracts and special contacts, be considered complete.
the rule on special contracts prevail.
ARTICLE 4. The absence of any of the essential or formal requisites
Parties to a Marriage shall render the marriage void ab initio, except as stated in Article
1. Two (2) willing spouses 35(2).
2. An approving State
A defect in any of the essential requisites shall render the marriage
*In ordinary contracts, there are only two parties – the creditor and debtor.
voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity of Art 38. The following marriages shall be void from the beginning for reasons
the marriage but the party or parties responsible for the irregularity of public policy:
shall be civilly, criminally and administratively liable. 1) Between collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree;
Absence of any E/F requisite VOID AB INITIO 2) Between step-parents and step-children;
Defect in Essential Requisite VOIDABLE 3) Between parents-in-law and children-in-law;
Irregularity in Formal Requisite VALID 4) Between the adopting parent and the adopted child;
Art 35(a) Civil, Criminal, 5) Between the surviving spouse of the adopting parent and the
Administrative Liability adopted child;
6) Between the adopted child and a legitimate child of the adopter;
*Art 35(2). The following marriages shall be void from the beginning: (2) 7) Between the adopted child and the same adopter; and
Those solemnized by any person not legally authorized to perform marriages 8) Between parties where on, with the intention to marry the other,
unless such marriages were contracted with either or both parties believing in killed the other person’s spouse, or his or her own spouse.
good faith that the solemnizing office had the legal authority to do so
ARTICLE 6. No prescribed form or religious rite for the solemnization
*Art 45.Grounds for annulment of marriage of marriage is required. It shall be necessary, however, for the
contracting parties to appear personally before the solemnizing officer
VOID AB INITIO MARRIAGE and declare in the presence of not less than two witnesses if legal age
 Where there is absent any of the essential or formal requisites, that they take each other as husband and wife. This declaration shall
except Art 35(a) be contained in the marriage certificate which shall be signed by the
 Art 35(a) – lack of authority of solemnizing officer; either or both contracting parties and their witnesses and attested by the solemnizing
parties believed in good faith = marriage is valid; when parties officer.
acted in bad faith = marriage is void
In case of marriage in articulo mortis, when the party at the point of
 Involves a diriment impediment that renders the marriage null
death is unable to sign the marriage certificate, it is sufficient for one of
and void
the witnesses to write the name of said party, which fact shall be
 Is not entirely without any consequence recognized by law attested by solemnizing officer.
 Void from the beginning, but deemed valid until judicial
declaration Minimum Form/ Rite Required
1. Personally appear before solemnizing officer;
VOIDABLE MARRIAGE 2. Declaration of taking each other as husband and wife;
 Where a defect in any of the essential requisites renders the 3. Presence of two witnesses of legal age
marriage annullable as provided for in Article 45
 Valid until declared annulled by the court Declaration of taking each other as husband and wife
 Need not asked or stated orally; certification issued by solemnizing
IRREGULARITY IN FORMAL REQUISITE officer and signed by parties will be sufficient compliance
 Probative impediment or one that is not serious enough to render  Exchange of vows can be presumed to have been made from the
the marriage void or voidable testimonies of witnesses who state that a wedding took place
 Flaw in the formal requisites
Signing of marriage contract is mere a requirement of evidentiary value,
COMMON LAW MARRIAGE is not recognized in Philippine the omission of which does not render the marriage a nullity.
Jurisdiction. When a man and a woman not legally married who cohabit for
many years, represent themselves to the public as husband or wife, and are Absence of two witnesses or the presence of only one witness appears to be
reputed as husband and wife in the community where they live. considered to be merely an irregularity in the formal requisites.
Witnessing may be supplanted by the solemnizing officer, guests, or the
1. Residing together under one roof signing of the parties in the marriage certificate
2. Repeated sexual intercourse
3. Assumption of marital status; dwelling together as man and wife Marriage by proxy is not allowed to be solemnized in the Philippines.
NON-EXISTENT MARRIAGE
1. Same-sex marriage ARTICLE 7. Marriage may be solemnized by:
2. Marriage in jest (those for the movies) 1) Any incumbent member of the Judiciary within the court’s
3. Consent not given; No witnesses; No marriage ceremony jurisdiction;
2) Any priest, rabbi, imam, or minister of any church or
ARTICLE 5. Any male or female of the age of eighteen years or religious sect duly authorized by his church or religious sect
upwards not under the impediments mentioned in Article 37 and 38, and registered with the civil registrar general, acting within
may contract marriage. the limits of the written authority granted by his church or
religious sect and provided that at least one of the
Requisites for Legal Capacity to Marry contracting parties belong to the solemnizing officer’s
church or religious sect;
1. AGE. Both parties at least 18 y/o
3) Any ship captain or airplane chief only in the case
2. NO RELATIONAL IMPEDIMENTS. Art 37, 38
mentioned in Article 31;
3. NO EXISTING PREVIOUS MARRIAGE. Art 41 4) Any military commander of a unit to which chaplain is
assigned, in the absence of the latter, during a military
Age Requirement is absolute. Impediment requirement is relative. operation, likewise in the cases mentioned in Article 32;
5) Any consul-general, consul or vice-consul in the case
A marriage consummated in accordance with law is presumed to have no legal provided in Article 10.
impediments. It is presumed that a previous marriage has been legally
dissolved, and the burden of proving that it has not rests upon the party seeking It is the marriage license that gives the solemnizing officer the authority to
to impeach the last marriage. solemnize a marriage.

*Art 37. Marriages between the following are incestuous and void from the INCUMBENT MEMBER OF THE JUDICIARY
beginning, whether relationship between the parties be legitimate or  Incumbent, excludes retired
illegitimate:
a) Between ascendants and descendants of any degree; and
b) Between brothers and sisters, whether of the full or half blood.
 Justices of the Supreme Court, CA, Sandigaanbayan and Court of As long as marriage license is issued, the marriage license will be
tax Appeals; judges of RTC/Family Courts, considered one with a valid marriage license.
Metropolitan/Municipal Trial Courts
 SC, CA, Sandiganbayan, Court of Tax Appeals extend to any part If parties secure their marriage license from a local civil registrar other than
of the Philippines any of their habitual residence, the validity of the marriage will not be
 Where a judge solemnize a marriage outside his court’s jurisdiction, affected.
there is a resultant irregularity in the formal requisites; marriage is
valid but judge may be administrative liable Non-compliance with various procedural requirements is merely an irregularity
in a formal requisite. Marriage is valid.
RELIGIOUS OFFICIALS
 Terms are used in their generic sense as to include any and all ARTICLE 10. Marriages between Filipino citizens abroad may be
churches and religious sect solemnized by a consul-general, consul or vice-consul of the Republic
 Requirements: of the Philippines. The issuance of the marriage license and the duties
of the local civil registrar and of the solemnizing officer with regard to
1. Authorized by his church or religious sect
the celebration of marriage shall be performed by said consular
2. Registered with the Civil Registrar General official.
3. Acts within the limits of the written authority granted him by
the church or religious sect
4. At least one of the contracting parties belongs to the ARTICLE 11. Where a marriage license is required, each of the
solemnizing officer’s church or sect contracting parties shall file separately a sworn application for such
license with the proper local civil registrar which shall specify the
SHIP CAPTAIN OR AIRPLANE CHIEF following:
1) Full name of the contracting party;
 Should be the highest ranking officer in the ship or plane
2) Place of birth;
 Requisites; Ship captain or airplane chief may solemnize marriage 3) Age and date of birth;
provided: 4) Civil status;
1. The marriages in articulo mortis 5) If previously married, how, when and where the previous
2. Between passengers of crew members marriage was dissolved or annulled;
3. Ship is at sea or plane is in flight including during stopovers 6) Present residence and citizenship;
at ports of call 7) Degree of relationship of the contracting parties;
8) Full name, residence and citizenship of the father;
MILITARY COMMANDER 9) Full name, residence and citizenship of the mother; and
 Requirements 10) Full name, residence and citizenship of the guardian or
1. Military Commander must be a commissioned officer person having charge, in case the contracting party has
neither father nor mother and is under the age of twenty-
2. Commander of a unit to which a chaplain is assigned
one years.
3. Chaplain must be absent at the time of marriage
4. Marriage must be articulo mortis The applicants, their parents or guardians shall not be
5. Contracting parties, maybe armed forces or civilians, must be required to exhibit their residence certificates in any
within zone of a military operation formality in connection with the securing of the marriage
license.
CONSUL-GENERAL, CONSUL, OR VICE-CONSUL
 Not expressly disallowed to solemnize marriage outside his place of The information required is intended by the law to ensure the validity of the
assignment; authority ceases in the Philippines marriage to be solemnized.
 Filipino citizen may be a resident or in transient
 Requisites Application must be under oath so that the applicant runs the risk of criminal
1. Marriage celebrated abroad prosecution if he trifle with the information.
2. Between Filipino citizens
ARTICLE 12. The local civil registrar, upon receiving such
CITY AND TOWN MAYORS application, shall require the presentation of the original birth
 Authorized by Local Government Code (1 Jan 1992) certificates or, in default thereof, the baptismal certificates of the
 Mayor of a city or municipality; Acting Mayor contracting parties or copies of such documents duly attested by the
persons having custody of the originals. These certificates or certified
copies of the documents by this Article need not be sworn to and shall
ARTICLE 8. The marriage shall be solemnized publicly in the be exempt from the documentary stamp tax. The signature and official
chambers of the judge or in open courts, in the church, chapel or title of the person issuing the certificate shall be sufficient proof of its
temple, or in the office of the consul-general, consul or vice-consul, as authenticity.
the case may be, and not elsewhere, except in cases of marriages
contracted on the point of death or in remote places in accordance with If either of the contracting parties is unable to produce his birth or
Article 29 of this Code, or where both of the parties request the baptismal certificate or a certified copy of either because of the
solemnizing officer in writing I which case the marriage may be destruction or loss of the original or if it is shown by an affidavit of
solemnizes at a house or lace designated by them in a sworn statement such party or of any other person that such birth or baptismal
to that effect. certificate has not yet been received though the same has been required
of the person having custody thereof at least fifteen days prior to the
The venue requirement is merely directory. date of the application, such party may furnish in lieu thereof his
current residence certificate or an instrument drawn up and sworn to
Violation of this provision will not invalidate the marriage. The provision does before the local civil registrar concerned or any public official
not alter or qualify the authority of the solemnizing officer. authorized to administer oath. Such instrument shall contain the
sworn declaration of two witnesses of lawful age, setting forth the full
Administrative Order No. 125-2007 issued by the Supreme Court clarified the name, residence and citizenship of such contracting party and of his or
venue of marriage ceremony solemnized by Judges. her parents if known, and the place and date of birth of such party.
The nearest kin of the contracting parties shall be preferred as
ARTICLE 9. A marriage license shall be issued by the local civil witnesses, or, in their default, persons of good reputation in the
registrar of the city or municipality where either contracting party province or the locality.
habitually resides, except in marriages where no license is required in
accordance with Chapter 2 of this Title. The presentation of birth or baptismal certificate shall not be required
if the parents of the contracting parties appear personally before the
local civil registrar concerned and swear to the correctness of the
lawful age of said parties, as stated in the application, or when the local the publication of the application. Issuance of the marriage license
civil registrar shall, by mere looking at the applicants upon their within the prohibited period shall subject the issuing officer to
personally appearing before him, be convinced that either or both of administrative sanctions but shall not affect the validity of the
them have the required age. marriage.

Local Civil Registrar has to satisfy himself as to the correctness of the lawful Should only one of the contracting parties need parental consent or
age of the parties as stated in the application. He is given the widest latitude to parental advice, the other party must be present at the counselling
make his determination, eve by merely looking at the applicants upon referred to in the preceding paragraph.
personally appearing before him.

18-21 YEARS OLD, 21-25 YEARS OLD = MARRIAGE COUNSELLING

ARTICLE 13. In case either of the contracting parties has been
previously married, the applicant shall be required to furnish, instead a) With Certificate of Marriage Counselling = issue license
of the birth or baptismal certificate required in the last preceding b) W/O Certificate of Marriage Counselling = issue three months
article, the death certificate of the deceased spouse or the judicial after publication
decree of the absolute divorce, or the judicial decree of annulment or  W/O Certificate but License was issued within
declaration of nullity of his or her previous marriage. prohibited period = Marriage is VALID,
administrative sanction against issuing officer
In case the death certificate cannot be secured, the party shall make an
affidavit setting forth his circumstance and his or her actual civil status ARTICLE 17. The local civil registrar shall prepare a notice which
and the name and death of the deceased spouse. shall contain the full names and residences of the applicants for a
marriage license and other data given in the applications. The notice
One of the contracting parties had been previously married, applicant submits shall be posted for ten consecutive days on a bulletin board outside the
proof of legal capacity for subsequent marriage. office of the local civil registrar located in a conspicuous place within
the building and accessible to the general public. This notice shall
Foreign divorce judgement has to be recognized by the courts before it can request all persons having knowledge of any impediment to the
produce any legal effect in the Philippines. marriage to advise the local civil registrar thereof. The marriage
license shall be issued after the completion of the period of publication.
ARTICLE 14. In case either or both of the contracting parties, not
having been emancipated by a previous marriage, are between the ages
of eighteen and twenty-one, they shall, in addition to the requirements ARTICLE 18. In case of any impediment known to the local civil
of the preceding articles, exhibit to the local civil registrar, the consent registrar or brought to his attention, he shall note down the particulars
to their marriage of their father, mother, surviving parent or guardian, thereof and his findings thereon in the application for marriage license,
or persons having legal charge of them, in the order mentioned. Such but shall nonetheless issue said license after the completion of the
consent shall be manifested in writing by the interested party, who period of publication, unless ordered otherwise by a competent court
personally appears before the proper local civil registrar, or in the at his own instance or that of any interest party. No filing fee shall be
form of an affidavit made in the presence of two witnesses and attested charged for the petition nor a corresponding bond required for the
before any official authorized by law to administer oaths. The personal issuances of the order.
manifestation shall be recorded in both applications for marriage
license, and the affidavit, if one is executed instead, shall be attached to
said applications. POSTING REQUIREMENT = 10 DAYS

KNOWN IMPEDIMENT noted on the application, then, LICENSE IS

18-21 YEARS-OLD = PARENTAL CONSENT REQUIRED ISSUED, unless he is stopped by a COMPETENT COURT

The father should not totally disregard the mother’s decision. ARTICLE 19. The local civil registrar shall require the payment of the
fees prescribed by law or regulations before the issuance of the
PARENTAL AUTHORITY is merely an exercise of parental authority. The marriage license. No other sum shall be collected in the nature of a fee
father and mother jointly exercise parental authority over the person of their or tax of any kind for the issuance of said license. It shall, however, be
common children. In case of disagreement, the father’s decision shall prevail, issued free of charge to indigent parties, that is those who have no
unless there is a judicial order to the contrary. (Article 211, FC) visible means of income or whose income is insufficient for their
subsistence a fact established by their affidavit, or by their oath before
the local civil registrar.
ARTICLE 15. Any contracting party between the age of twenty-one
and twenty-five shall be obliged to ask their parents or guardian for
advice upon the intended marriage. If they do not obtain such advice,
or if it is unfavorable, the marriage license shall not be issued till after ARTICLE 20. The license shall be valid in any part of the Philippines
three months following the completion of the publication of the for a period of one hundred twenty days from the date of issue, and
application thereof. A sworn statement by the contracting parties to shall be deemed automatically cancelled at the expiration of the said
the effect that such advice has been sought, together with the written period if the contracting parties have not made use of it. The expiry
advice given, if any, shall be attached to the application for marriage date shall be stamped in bold characters on the face of every license
license. Should the parents or guardian refuse to give any advice, this issued.
fact shall be stated in the sworn statement.

Marriage License is valid

21-25 YEARS OLD = PARENTAL ADVISE 1) IN ANY PART OF THE PHILIPPINES
a) Favorable advise = issue license 2) WITHIN 120 DAYS FROM DATE OF ISSUANCE
b) Not Favorable = license issued three months after publication  EXPIRED MARRIAGE LICENSE = NO
c) No advise = license issued three months after publication MARRIAGE LICENSE = VOID MARRIAGE

ARTICLE 16. In the cases where parental consent or parental advice is ARTICLE 21. When either or both of the contracting parties are
needed, the party or parties concerned shall, in addition to the citizens of a foreign country, it shall be necessary for them before a
requirements of the preceding articles, attach a certificate issued by a marriage license can be obtained, to submit a certificate of legal
priest, imam or minister authorized to solemnize marriage under capacity to contract marriage, issued by their respective diplomatic or
Article 7 of this Code or a marriage counsellor duly accredited by the consular officials.
proper government agency to the effect that the contracting parties
have undergone marriage counselling. Failure to attach said Stateless persons or refugees from other countries shall, in lieu of the
certificates of marriage counselling shall suspend the issuance of the certificate of legal capacity herein required, submit an affidavit stating
marriage license for a period of three months from the completion of the circumstances showing such capacity to contract marriage.
Failure of the marriage to appear in the marriage register does not affect
validity.
CERTIFICATE OF LEGAL CAPACITY (IF PARTY IS FOREIGNER)
No Certificate of Legal Capacity = VALID MARRIAGE ARTICLE 24. It shall be the duty of the local civil registrar to prepare
the documents required by this Title, and to administer oaths to all
Legal capacity of a foreigner to marry is determined by his national laws. interested parties without any charge in both cases. The documents
and affidavits filed in connection with applications for marriage
Examples licenses shall be exempt from documentary stamp tax.
 In Country A, a 17y/o has capacity to marry; then, Citizen A will be
allowed to marry in the Philippines
ARTICLE 25. The local civil registrar concerned shall enter all
 In Country B, an 18 y/o has NO capacity to marry; then, Citizen B
applications for marriage licenses filed with him in a registry book
will NOT be allowed to marry in the Philippines
strictly in the order in which the same are received. He shall record in
said book the names of the applicants, the date on which the marriage
Stateless persons or refugees may submit an affidavit showing legal license was issued, and such other data as may be necessary.
capacity to contract marriage.

ATICLE 22. The marriage certificate, in which the parties shall Entries must be made strictly in the order received to prevent illegal
declare that they take each other as husband and wife, shall also state: insertion.

1) The full name, sex and age of each contracting party; Certification by LCR stating categorically that the marriage license does not
exist in his office or the particular entry could not be found in the register
2) Their citizenship, religion and habitual residence;
despite diligent search is adequate to prove that no marriage license was
3) The date and precise time of the celebration of the marriage; issued.

4) That the proper marriage license has been issued according ATICLE 26. All marriages solemnized outside the Philippines, in
to law, except in marriage provided for in Chapter 2 of this accordance with the laws in force in the country where they were
Title; solemnized, and valid there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37
5) That either or both of the contracting parties have secured and 38. (17a)
the parental consent in appropriate cases;
Where a marriage between a Filipino citizen and a foreigner is validly
6) That either or both of the contracting parties have complied celebrated and a divorce is thereafter validly obtained abroad by the
with the legal requirement regarding parental advice in alien spouse capacitating him or her to remarry, the Filipino spouse
appropriate cases; and shall have capacity to remarry under Philippine law. (As amended by
Executive Order 227)
7) That the parties have entered into marriage settlement, if
any, attaching a copy thereof.
Conflicts rule.

Marriage certificate or marriage contract is the primary evidence of Lex loci celebrationis
marriage. The law of the land where the marriage was celebrated

An authentic copy of the marriage certificate is the best proof of the existence GENERAL RULE: If the marriage is valid in the place where it is
of marriage. However, its non-presentation or absence is not proof that celebrated, it will be considered valid here and if void there, the marriage
marriage did not take place. will be void here.

Photocopy of marriage contract vs. Certification of LCR that no marriage was EXCEPTION: Void here even if valid where marriage was celebrated if
officiated by the solemnizing officer and no record can be found; LCR contrary to Articles 35(1), (4), (5) and (6), 36, 37 or 38 of this Code.
certification prevails
DIVORCE
The fact of marriage may be proven by other relevant evidences. 1. Between two Filipinos, marriage cannot be dissolved by divorce
obtained aabroad
ARTICLE 23. It shall be the duty of the person solemnizing the 2. Between two aliens, divorce obtained abroad maybe recognized if
marriage to furnish either of the contracting parties the original of the consistent with their national laws
marriage certificate referred to in Article 6 and to send the duplicate 3. Between Filipino and alien, Filipino spouse may only remarry if:
and triplicate copies of the certificate not later than fifteen days after a) Divorce is obtained by alien spouse abroad
the marriage, to the local civil registrar of the place where the b) Alien spouse is capacitated to marry again
marriage was solemnized. Proper receipts shall be issued by the local
civil registrar to the solemnizing officer transmitting copies of the Reckoning point is the date divorce was obtained; hence, following divorce
marriage certificate. The solemnizing officer shall retain in his file the
are recognized
quadruplicate copy of the marriage certificate, the copy of the
1. Filipino spouses, one acquires another citizenship then alien spouse
marriage certificate, the original of the marriage license and, in proper
cases, the affidavit of the contracting party regarding the obtains divorce
solemnization of the marriage in place other than those mentioned in 2. Alien and Filipino marries, Filipino acquires alien’s citizenship
Article 8. then obtains divorce and reacquires Filipino citizenship

Custody, care and support of children who are in the Philippines must still be
FOUR AUTHENTIC COPIES OF MARRIAGE CERTIFICATE determined by Philippine courts.
a) one copy to contractinf parties
b) two copies to the LCR
c) one copy retained by solemnizing officer 3.

Failure of solemnizing officer to send copy of marriage certificate to LCR does

not affect validity of marriage.
CHAPTER 2 2. Marriage is solemnized in accordance with their customs, rites and
MARRIAGES EXEMPTED FROM LICENSE REQUIREMENT duties
Article 27-34
Mixed marriage (ex. Between Chirstian and an IP) requires marriage license.
FOUR MARRIAGES VALID DESPITE ABSENCE OF FORMAL Marriage of IPs in before a judge requires marriage license.
REQUISITES/ MARRIAGES OF EXCEPTIONAL CHARACTER
1. Marriage in articulo mortis ARTICLE 34. No license shall be necessary for the marriage of a man
2. Marriage in remote places and a woman who have lived together as husband and wife for at least
3. Marriage among Muslims or among ethnic cultural minorities five years and without any legal impediment to marry each other. The
4. Ratification of marital cohabition contracting parties shall state the foregoing facts in an affidavit before
any person authorized by law to administer oaths. The solemnizing
ARTICLE 27. In case either or both of the contracting parties are at officer shall also state under oath that he ascertained the qualifications
the point of death, the marriage may be solemnized without necessity of the contracting parties are found no legal impediment to the
of a marriage license and shall remain valid even if the ailing party marriage. (76a)
subsequently survives. (72a)
Period of legal union had it not been for the absence of marriage.
REQUISITES
REQUISITES TO BE CONSIDERED AT THE POINT OF DEATH 1. Five year period should be should be years immediately before the
1. Sudden or unexpected event causing physical chance on the day of the marriage
contracting party making death likely; 2. Exclusivity (no third party)
2. There is great possibility that death may occur, if the ailing or 3. Continuity (unbroken)
injured party has to wait for the issuance of a marriage license to
get married. Falsity of the AFFIDAVIT renders marriage void ab initio for want of
valid marriage license.
A marriage in articulo mortis remains VALID even if the ailing spouse
survives.

ATICLE 28. If the residence of either party is so located that there is

no means of transportation to enable such party to appear personally
before the local civil registrar, the marriage may be solemnized
without necessity of a marriage license. (72a)

Considers the residence of either party and the office of the LCR.

If there is no means of transportation from residence to enable either

party to appear before LCR, marriage license may be dispensed with

ARTICLE 29. In the cases provided for in the two preceding articles,
the solemnizing officer shall state in an affidavit executed before the
local civil registrar or any other person legally authorized to
administer oaths that the marriage was performed in articulo mortis
or that the residence of either party, specifying the barrio or barangay,
is so located that there is no means of transportation to enable such
party to appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and relationship
of the contracting parties and the absence of legal impediment to the
marriage. (72a)

ARTICLE 30. The original of the affidavit required in the last

preceding article, together with the legible copy of the marriage
contract, shall be sent by the person solemnizing the marriage to the
local civil registrar of the municipality where it was performed within
the period of thirty days after the performance of the marriage. (75a)

ARTICLE 31. A marriage in articulo mortis between passengers or

crew members may also be solemnized by a ship captain or by an
airplane pilot not only while the ship is at sea or the plane is in flight,
but also during stopovers at ports of call. (74a)

ARTICLE 32. A military commander of a unit, who is a commissioned

officer, shall likewise have authority to solemnize marriages in articulo
mortis between persons within the zone of military operation, whether
members of the armed forces or civilians. (74a)

ARTICLE 33. Marriages among Muslims or among members of the

ethnic cultural communities may be performed validly without the
necessity of marriage license, provided they are solemnized in
accordance with their customs, rites or practices. (78a)

.MARRIAGE AMONG MUSLIMS OR ETHNIC CULTURAL

MINORITIES
REQUISITES FOR ARTICLE 33
1. Marriage must be among Muslims or among members of ethnic
cultural communities; and
CHAPTER 3 2. Incapacity refers to failure to comply with the essential marital
VOID AND VOIDABLE MARRIAGE obligations.
Article 35-54
PETITION for the DECLARATION OF ABSOLUTE NULLITY of void
ARTICLE 35. The following marriages shall be void from the marriage may be filed only the EITHER THE HUSBAND OR WIFE, even
beginning: by the psychologically incapacitated spouse.

(1) Those contracted by any party below eighteen years of age PSYCHOLOGICAL INCAPACITY refers to no less than a mental (not
even with the consent of parents or guardians; physical) incapacity that causes a party to be truly incognitive of the basic
(2) Those solemnized by any person not legally authorized to
marital covenants that concomitantly must be assumed and discharged by the
perform marriages unless such marriages were contracted
parties to the marriage.
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 Examples:
preceding Chapter; a) refraining from sexual intercourse
(4) Those bigamous or polygamous marriages not failing under b) perennially telling lies, fabricating ridiculous stories, and
Article 41; inventing personalities and situations and other untruths
(5) Those contracted through mistake of one contracting party c) inability to act on his own and being easily influenced by others
as to the identity of the other; and even if they are wrong
(6) Those subsequent marriages that are void under Article 53. d) inability to provide for family needs, substance abuse and trail of
unpaid money obligations
AGE | SOLEMNIZING OFFICER | LICENSE |
BIGAMOUS/POLYGAMOUS | MISTAKE OF IDENTITY | ARTICLE Psychological Incapacity CHARACTERIZED by:
53 1. JURIDICAL ANTECEDENCE
(ASOL BMA) 2. GRAVITY
3. INCURABILITY
BELOW 19 YEARS OF AGE. As long as either one of the parties is below
the marital minimum age requirement of 18yo, the marriage is VOID. Law intends to confine the meaning of psychological incapacity to the most
serious cases of personality disorder clearly demonstrative of an utter
LACK OF AUTHORIZTY OF SOLEMNIZING OFFICER insensitivity or inability to give meaning and significance to the marriage.
1. Both parties believed in good faith, VALID
2. One party believed in good faith, VALID, liability to responsible MOLINA CASE GUIDELINES
party only BuRoTi PIGE CC
3. Both parties in bad faith, VOID 1. Burden of proof to show nullity of marriage belongs to the
plaintiff
ABSENCE OF MARRIAGE LICENSE 2. The root cause of the psychological incapacity must be
1. No attendant marriage license, marriage is VOID a) Medically or clinically identified
2. EXCEPT if marriage of exceptional character b) Alleged in the complaint
3. Non-presentation of marriage license is not proof that it was not c) Sufficiently proven by experts
procured; presumes validity of marriage d) Clearly explained in the decision
(Psychological incapacity characterized by:)
BIGAMOUS/POLYGAMOUS MARRIAGE 3. JURIDCAL ANTECENDCE. Incapacity must be proven to be
1. Bigamous/Polygamous marriage is VOID existing at the “time of the celebration” of marriage
2. EXCEPTION: prior spouse is absent (4 or 2 years) 4. INCURABILITY. Incapacity must be shown to be medically or
3. EXCEPTION TO EXCEPTION: both spouses of the subsequent clinically permanent or incurable, and even if it were otherwise,
marriage acted in bad faith, VOID the cure would be beyond the means of the party involved
5. GRAVITY. Must be grave enough to bring about the disability to
MISTAKE OF IDENTIFTY OF CONTRACTING PARTY. assume the essential marital obligations of marriage
1. Mistake refers to identity of the other party and NOT to his 6. Essential Marital Obligations must be those in Articles 68-71.
character, rank, health, fortune or chastity. (Marrying the other 220, 221, 225; uncomplied EMO must be alleged in petition
twin; mail or internet bride/groom without having personally met 7. Interpretations of National Appellate Matrimonial Tribunal of
but somebody appears in wedding) the Catholic Church should be given great respect
2. NOTE: Mistake is ruled out/cured by time or familiarity. 8. Trial court must order the Prosecuting attorney or fiscal, or the
Solicitor General to appear as counsel of state (No decision shall
SUBSEQUENT MARRIAGE NOT COMPLIANT WITH ARTICLE 53. be handed down unless the SolGen issues a certification… briefly
A subsequent marriage contracted after judgment of annulment or of absolute stating therein the reasons for his agreement or opposition to the
nullity of the marriage should comply with requisites in Article 52 (as cited in petition)
Article 53) or else, marriage is VOID.
Article 68 – live together, observe mutual love, respect and fidelity, and render
Art. 52. The judgment of annulment or of absolute nullity of the mutual help and support
marriage, the partition and distribution of the properties of the Article 69 – fix a family domicile
spouses and the delivery of the children's presumptive legitimes Article 70 – support of the family
shall be recorded in the appropriate civil registry and registries of Article 71 – management of the household
property; otherwise, the same shall not affect third persons. (n) Article 220 – rights and duties on unemancipated children
Art. 53. Either of the former spouses may marry again after Article 221 – civil liability for injuries and damages cause by unemancipated
compliance with the requirements of the immediately preceding children
Article; otherwise, the subsequent marriage shall be null and void. Article 225 – legal guardianship over the property of unemancipated common
child
ARTICLE 36. A marriage contracted by any party who, at the time of
the celebration, was psychologically incapacitated to comply with the AMMENDMENTS TO MOLINA
essential marital obligations of marriage, shall likewise be void even if The root cause of the psychological incapacity must be (a) Medically or
such incapacity becomes manifest only after its solemnization. clinically identified, (b) Alleged in the complaint (c) Sufficiently proven by
experts, and (d) Clearly explained in the decision
REQUISITES:  No need to allege in the petition the particular root cause of the
1. Exists at the time of celebration of the marriage, and Psychological Incapacity and attach verified written report; need for
physical examination and presentation of experts shall be nullity shall not prescribe. However, in case of marriage celebrated
determined by the court in the pre-trial conference before the effectivity of this Code and falling under Article 36, such
 Expert evidence may be dispensed with if the totality of evidence action or defense shall prescribe in ten years after this Code shall taken
proves incapacity effect. (As amended by Executive Order 227) (n)

Trial court must order the Prosecuting attorney or fiscal, or the Solicitor  A petition for declaration of nullity of marriage for purposes of
General to appear as counsel of state (No decision shall be handed down unless remarriage must be brought during the lifetime of the spouses.
the SolGen issues a certification… briefly stating therein the reasons for his If one of them dies at any stage of the proceedings, the case will
agreement or opposition to the petition) be closed.
 Requirement was dispensed with by AM No. 02-11-10-SC (Rule on
Declaration of Absolute Nullity of Void Marriages and Annulment Prescription of action aka Extinctive Prescription refers to the time within
of Voidable Marriages); Section 11 requires public prosecutor to which an action maybe brought, or some act done, to preserve a right; is one
file a report confirming that no collusion exists between the whereby rights and actions are lost by the lapse of time.
parties
Other causes of action prescribe in five (5) years from the rime the right of
Courts must consider as essential the EXPERT OPINION of the action accrues, unless otherwise provided. (Art 1149, NCC)
psychological and mental disposition of the parties, through and EXPERT
WITNESS. ARTICLE 40. The absolute nullity of a previous marriage may be
 Expert opinion may no longer be necessary if the TOTALITY OF invoked for purposes of remarriage on the basis solely of a final
EVIDENCE PRESENTED ESTABLISHES THE judgment declaring such previous marriage void. (n).
INCAPACITY.
GENERAL RULE: If the marriage is void ab initio, it is ipso facto void
Since the main issue is the mental condition of the party alleged to be without the need of any judicial declaration of nullity. The only EXCEPTION
psychologically incapacitated, a PERSONAL EXAMINATION may give is if a void ab initio marriage is presumed valid for purposes of remarriage.
the best result personality profile.
 Personal examination is NOT a mandatory requirement. Findings For purposes of remarriage, the only legally acceptable basis for declaring
and testimony of a clinical psychologist who did not personally absolute nullity of a previous marriage is a final judgment declaring such
examine the incapacitated spouse and relied only on information previous marriage void
provided may be sustained.  Whereas, for purposes other than remarriage, other evidence is
 A psychological evaluation based on one-sided acceptable
description alone can hardly be considered as credible
and sufficient. (Other persons who intimately related to The provision cannot apply:
spouses would add weight to a psychologist’s report.) a. in subsequent bigamous marriage contemplated in Article 41
b. when the other spouse in the previous marriage is in fact dead
c. when the previous marriage is valid
ARTICLE 37. Marriages between the following are incestuous and
void from the beginning, whether relationship between the parties be A final judgment declaring nullity of previous marriage must be secured
legitimate or illegitimate: before another marriage is contracted. If not, the subsequent marriage is
(1) Between ascendants and descendants of any degree; and void. (bigamy or concubinage)
(2) Between brothers and sisters, whether of the full or half
blood.
WHO MAY INVOKE NULLITY OF MARRIAGE
1. The Husband or Wife may directly attack the marriage through a
Ascendants/Descendants, ANY DEGREE = VOID
Petition for declaration of absolute nullity
Brothers/Sisters, FULL/HALF BLOOD = VOID
2. A third party may attack collaterally; but may not file a Petition for
ARTICLE 38. The following shall be void from the beginning for
declaration of absolute nullity
reasons of public policy:
(1) Between collateral relatives whether legitimate or  Anchored on bigamy; The aggrieved spouse (third
illegitimate, up to the fourth civil degree; person) may file for declaration of nullity of a
(2) Between step-parents and step-children; subsequent bigamous marriage even if not a party to
(3) Between parents-in-law and children-in-law; such marriage
(4) Between adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the ARTICLE 41. A marriage contracted by any person during
adopted child; subsistence of a previous marriage shall be null and void, unless before
(6) Between the surviving spouse of the adopted child and the the celebration of the subsequent marriage, the prior spouse had been
adopter; absent for four consecutive years and the spouse present has a well-
(7) Between an adopted child and a legitimate child of the founded belief that the absent spouse was already dead. In case of
adopter; disappearance where there is danger of death under the circumstances
(8) Between adopted children of the same adopter; set forth in the provisions of Article 391 of the Civil Code, an absence
(9) Between parties where one, with the intention to marry the of only two years shall be sufficient.
other, killed that other person’s spouse, or his or her own
spouse. For the purpose of contracting the subsequent marriage under the
preceding paragraph the spouse present must institute a summary
1 = COLLATERAL RELATIVES, 4th Civil Degree proceeding as provided in this Code for the declaration of presumptive
2 = STEP-parents/children death of the absentee, without prejudice to the effect of reappearance
3 = IN-LAWS of the absent spouse. (83a)
4,5,6,7,8 (5) = ADOPTION (limited Legitimate Children)
9 = KILLING (will not arise if killing was accidental or some other reasons) GENERAL RULE: Marriage contracted by any person during the subsistence
of a previous marriage shall be null and void.
List is exclusive; other relationships not included in the list are allowed.  EXCEPTION: Subsequent marriages contracted where the spouse
Examples: present labors under belief that the absent spouse is dead
a) Brother-in-law and sister-in-law  EXCEPTION TO EXCEPTION: When both parties to
b) Widowed mother of one spouse and widowed father of other spouse the subsequent marriage are in bad faith
c) Child exclusively adopted by husband and child exclusively
adopted by wife REQUISITES for Valid Subsequent Marriage under Art 41

ARTICLE 39. The action or defense for the declaration of absolute

1. The prior spouse had been absent for at least four (4) consecutive insurance policy, even if such designation be stipulated as
years (or two years when there is danger of death; Article 391, irrevocable; and
NCC)
2. Spouse present has a well-founded belief that the absent spouse is (5) The spouse who contracted the subsequent marriage in bad
already dead faith shall be disqualified to inherit from the innocent
3. Spouse present must institute a summary proceeding for the spouse by testate and intestate succession. (n)
declaration of presumptive death of absent spouse
4. Petition must state that the declaration is sought for the purpose of
ARTICLE 44. If both spouses of the subsequent marriage acted in bad
remarriage
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
Two years of absence is sufficient when disappearance of absent spouse is other are revoked by operation of law. (n)
that of:
1. A person on board a vessel lost during sea voyage or an airplane
which is missing; On Insurance Benefit
2. A person in the armed forces who has taken part in war, and has Only innocent spouse may revoke designation of the other spouse who acted in
been missing; and bad faith as irrevocable beneficiary. The spouse in bad faith may not revoke
3. A person who has been in danger of death under other designation of innocent spouse as irrevocable beneficiary, only when it is not
circumstances and his existence had not been known. irrevocable.

WELL-FOUNDED BELIEF, REQUISITES On Succession

1. Presence of circumstances where death is likely to have occurred; If the will is executed after the termination of marriage, the spouse in bad faith
2. The spouse present must conduct a reasonable, diligent search to will receive his/her share from the estate since there is already condonation.
ascertain the whereabouts of the absent spouse.
Present Spouse Dies, Two Surviving Spouses
Abandonment which implies departure by one spouse with the intent to never In SSS v Jarque Vda de Bailon, the court favored the subsequent spouse to the
return followed by prolonged absence without just cause, no matter how long, exclusion of the previous spouse as to who is the dependent spouse-beneficiary
is not a ground to declare presumptive death of the abandoning spouse so that of a deceased SSS member
abandoned spouse may remarry.
In Lao and Lao v Dee Tim, and Vda de Consuegra v GSIS, both surviving
ARTICLE 42. The subsequent marriage referred to in the preceding spouses in good faith shred equally the rights of the surviving spouse
Article shall be automatically terminated by the recording of the
affidavit of reappearance of the absent spouse, unless there is a Article 44 allows intestate succession, if both parties are in bad faith but are
judgment annulling the previous marriage or declaring it void ab fifth degree collateral relatives.
initio.
New spouse in bad faith has to secure judicial declaration of nullity before
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 remarriage. Same applies to present spouse with respect to the subsequent
subsequent marriage at the instance of any interested person, with due marriage if the absent spouse later dies.
notice to the spouses of the subsequent marriage and without prejudice
to the fact of reappearance being judicially determined in case such ARTICLE 45. A marriage may be annulled for any of the following
fact is disputed. (n) causes, existing at the time of the marriage:

GENERAL RULE: The subsequent marriage shall be automatically (1) That the party in whose behalf it is sought to have the
terminated by the recording of the affidavit of reappearance. marriage annulled was eighteen years of age or over but
 EXCEPTION: There is a judgment annulling or declaring void ab below twenty-one, and the marriage was solemnized without
the consent of the parents, guardian or person having
initio the previous marriage (promulgated after the celebration of
substitute parental authority over the party, in that order,
the subsequent marriage)
unless after attaining the age of twenty-one, such party
freely cohabited with the other and both lived together as
The recording of the affidavit of reappearance effects the termination of husband and wife;
the subsequent marriage, not the reappearance itself even if made know to
the spouses in the subsequent marriage. (2) That either party was of unsound mind, unless such party
after coming to reason, freely cohabited with the other as
Affidavit of reappearance maybe filed by any interested party. husband and wife;

ARTICLE 43. The termination of the subsequent marriage referred to (3) That the consent of either party was obtained by fraud,
in the preceding Article shall produce the following effects: unless such party afterwards, with full knowledge of the
facts constituting the fraud, freely cohabited with the other
(1) The children of the subsequent marriage conceived prior to as husband and wife;
its termination shall be considered legitimate;
(4) That the consent of either party was obtained by force,
(2) The absolute community of property or the conjugal intimidation or undue influence, unless the same having
partnership, as the case may be, shall be dissolved and disappeared or ceased, such party thereafter freely
liquidated, but if either spouse contracted said marriage in cohabited with the other as husband and wife;
bad faith, his or her share of the net profits of the
community property or conjugal partnership property shall (5) That either party was physically incapable of consummating
be forfeited in favor of the common children or, if there are the marriage with the other, and such incapacity continues
none, the children of the guilty spouse by a previous and appears to be incurable; or
marriage or in default of children, the innocent spouse;
(6) That either party was afflicted with a sexually-transmissible
(3) Donations by reason of marriage shall remain valid, except disease found to be serious and appears to be incurable.
that if the donee contracted the marriage in bad faith, such (85a)
donations made to said donee are revoked by operation of
law; ARTICLE 45 contemplates voidable marriages suffering from defect in
essential requisites. The necessary action is a Petition for Annulment of
(4) The innocent spouse may revoke the designation of the other Voidable Marriage.
spouse who acted in bad faith as beneficiary in any
The defect must exist at the time of marriage to warrant annulment. Concealment of Pregnancy
1. For the woman to admit the fact of pregnancy but claim that the
Parental Consent | Unsound Mind | Fraud | Force, Intimidation or Undue child is her husband’s when in fact it is not
Influence | Physical Incapability to Consummate Marriage | STD 2. When the woman hides the fact of pregnancy from her husband

INSANITY is a manifestation, in language or conduct, of disease or defect of STD vs Concealment of STD. STD as a ground for annulment should be
the brain, or a more or less permanently diseased or disordered condition of the serious and incurable. Concealment of STD maybe of any nature but has to be
mentality, functional or organic, and characterized by perversion, inhibition, or concealed.
disordered function of the sensory or of the intellective faculties, or by
impaired or disordered volition.
ARTICLE 47. The action for annulment of marriage must be filed by
If the party is able to appreciate the consequences of the marriage ceremony the following persons and within the periods indicated herein:
and thereafter perform the essential obligations of the marriage, there is no
defect his consent. (1) For causes mentioned in number 1 of Article 45 by the party
whose parent or guardian did not give his or her consent,
There is INTIMIDATION when one of the contracting parties is compelled within five years after attaining the age of twenty-one, or by
by a reasonable and well-grounded fear of an imminent and grave evil upon his the parent or guardian or person having legal charge of the
minor, at any time before such party has reached the age of
person or property, or upon the person or property of his spouse, descendants,
twenty-one;
or ascendants to give his consent.
(2) For causes mentioned in number 2 of Article 45, by the same
A threat to enforce one’s claim through competent authority, if the claim spouse, who had no knowledge of the other's insanity; or by
is just and legal, does not vitiate consent. (Note: threat to the admission to any relative or guardian or person having legal charge of the
the practice of law on the ground of immorality) insane, at any time before the death of either party, or by
the insane spouse during a lucid interval or after regaining
UNDUE INFLUENCE is any means employed upon a party which, under the sanity;
circumstances, he could not well resist, and which controlled his volition and
induced him to give his consent to the contract which otherwise he would not (3) For causes mentioned in number 3 of Articles 45, by the
have entered into. injured party, within five years after the discovery of the
fraud;
Requisites of Undue Influence
(4) For causes mentioned in number 4 of Article 45, by the
1. A person who can be influenced
injured party, within five years from the time the force,
2. The fact that improper influence was exerted
intimidation or undue influence disappeared or ceased;
3. Submission to the overwhelming effect of such unlawful conduct
(5) For causes mentioned in number 5 and 6 of Article 45, by
Cohabition cures the defect. the injured party, within five years after the marriage. (87a)

ARTICLE 46. Any of the following circumstances shall constitute GROUND PROPER PARTY PRESCRIPTIVE
fraud referred to in Number 3 of the preceding Article: PERIOD
Lack of Minor party Within 5 years after
(1) Non-disclosure of a previous conviction by final judgment of Parental attaining 21yo
the other party of a crime involving moral turpitude; Consent Parent/guardian of minor Before the party turns
party 21yo
(2) Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her Unsoundness of Sane spouse who had no Before the death of
husband; Mind knowledge of the other’s either party
insanity
(3) Concealment of sexually transmissible disease, regardless of
its nature, existing at the time of the marriage; or Any relative or guardian
or person having legal
(4) Concealment of drug addiction, habitual alcoholism or charge of the insane
homosexuality or lesbianism existing at the time of the
marriage. Insane spouse during a
lucid interval or after
No other misrepresentation or deceit as to character, health, rank, regaining sanity
fortune or chastity shall constitute such fraud as will give grounds for
action for the annulment of marriage. Fraud, Force, Only by the injured party Within 5 years after the
Intimidation as cause of the vitiated
Fraud, as a vice of consent to annul marriage, is limited exclusively by law to Undue consent ceases
those kinds or species of fraud enumerated in the article. Influence
Physical Only by the injured party Within 5 years from the
Non-disclosure connotes that there is a duty to divulge which is not heeded. Incapacity and celebration of marriage
STD
Concealment means that an overt act needs to be performed in order to keep
from view that which will ordinarily be perceptible had it not been for the
overt act. ARTICLE 48. In all cases of annulment or declaration of absolute
nullity of marriage, the Court shall order the prosecuting attorney or
If not act has been done and the condition is not perceived, there is no fiscal assigned to it to appear on behalf of the State to take steps to
concealment. prevent collusion between the parties and to take care that evidence is
not fabricated or suppressed.
Moral turpitude is an act of baseness, vileness, or depravity in the private
duties which a man owes his fellow men, or to society in general, contrary to In the cases referred to in the preceding paragraph, no judgment shall
be based upon a stipulation of facts or confession of judgment. (88a)
the accepted and customary rule of right and duty between man and woman, or
conduct contrary to justice, honesty, modesty, or good morals. e.g. murder,
robbery, estafa, violation of BP 22
The prosecuting attorney or fiscal will determine whether collusion exists operation of law
between the parties and to take care that the evidence is not suppressed or
fabricated. Donation by a third party
to the spouse in bad faith,
When one party vehemently opposes the annulment, the non-intervention of revocable
the prosecuting attorney is not fatal as to the validity of proceedings.
Donations by Revoked by operation Not applicable
The court may not render judgment without requiring the parties to present Reason of of law
Marriage where
evidence to support their agreed facts. The respondent or defendant is not
Both Parties in
allowed to be declared in default. Bad Faith
Designation in Maybe be revoked Maybe revoked
insurance policy
ARTICLE 49. During the pendency of the action and in the absence of Disqualification Disqualified Disqualified
adequate provisions in a written agreement between the spouses, the in Succession of
Court shall provide for the support of the spouses and the custody and Spouse in Bad
support of their common children. The Court shall give paramount Faith
consideration to the moral and material welfare of said children and Disqualification Disqualified, Revoked Not applicable
their choice of the parent with whom they wish to remain as provided in Testamentary
to in Title IX. It shall also provide for appropriate visitation rights of Succession where
the other parent. (n) both parties are in
bad faith
Support of the spouses and the custody and support of their common children
during pendency of the action shall be determined by: Matters included in Final Judgment
1. The written agreement between the spouses; and 1. The liquidation, partition and distribution of the properties of
2. In the absence thereof, the court will decide. spouses;
2. The custody and support of common children; and
Visitation right is a constitutionally protected natural and primary right. 3. The delivery of their presumptive legitimes

If not provided in final judgment, parties may not be able to regain

ARTICLE 50. The effects provided for by paragraphs (2), (3), (4) and their capacity to marry since compliance with the requirements and
(5) of Article 43 and by Article 44 shall also apply in the proper cases registration are indispensable for subsequent marriage to be
to marriages which are declared ab initio or annulled by final considered valid
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 ARTICLE 51. In said partition, the value of the presumptive legitimes
presumptive legitimes, unless such matters had been adjudicated in of all common children, computed as of the date of the final judgment
previous judicial proceedings. of the trial court, shall be delivered in cash, property or sound
securities, unless the parties, by mutual agreement judicially approved,
All creditors of the spouses as well as of the absolute community or the had already provided for such matters.
conjugal partnership shall be notified of the proceedings for
liquidation. The children or their guardian or the trustee of their property may ask
for the enforcement of the judgment.
In the partition, the conjugal dwelling and the lot on which it is
situated, shall be adjudicated in accordance with the provisions of The delivery of the presumptive legitimes herein prescribed shall in no
Articles 102 and 129. 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
VOID AB INITIO VOIDABLE
nullity shall be considered as advances on their legitime. (n)
Children General Rule: Legitimate
Illegitimate (Art 165)
Legitime is that part of a person’s estate that he cannot dispose of because the
Exception: Legitimate if law has reserved it for certain heirs.
because of Art 36
(Psych Incapacity) and Presumptive legitime means the equivalent of what would have been due the
Art 53 common children as their legal portion as if their parents had died intestate as
of the date of the final judgment of the trial court,
Absolute Does not apply; shall be dissolved and
Community or governed by rules of liquidated, but if either
Conjugal property regimes of spouse contracted said ARTICLE 52. The judgment of annulment or of absolute nullity of the
Partnership unions without marriage marriage in bad faith, his marriage, the partition and distribution of the properties of the
or her share of the net spouses and the delivery of the children's presumptive legitimes shall
profits of the community be recorded in the appropriate civil registry and registries of property;
property or conjugal otherwise, the same shall not affect third persons. (n)
partnership property shall
be forfeited in favor of Double registration
the common children or, 1. Civil Registry (where the marriage is recorded, and where the
if there are none, the
Family Court is located)
children of the guilty
2. Registry of Properties
spouse by a previous
marriage or in default of
children, the innocent Entries required to be recorded:
spouse 1. The judgment
2. The partition and distribution of properties of the spouses
Donations by Remains valid except Donation of innocent 3. The delivery of presumptive legitimes
Reason of when the done is in bad spouse to spouse in bad
Marriage faith faith, revoked by
ARTICLE 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.

The registered decree (not the court decision) is the best evidence to prove the
declaration of absolute nullity or annulment of marriage.

Non-compliance renders the subsequent marriage void. (Art 35(6))

ARTICLE 54. Children conceived or born before the judgment of

annulment or absolute nullity of the marriage under Article 36 has
become final and executory shall be considered legitimate. Children
conceived or born of the subsequent marriage under Article 53 shall
likewise be legitimate.

GENERAL RULE: Children conceived or born during the marriage of

parents are legitimate. Children conceived and born outside a valid marriage is
illegitimate.
 EXCEPTION: Children conceived or born in a marriage
which is void under Article 36 or 53 (even if outside a valid
marriage since void) are still legitimate.
TITLE II: LEGAL SEPARATION
Attempt to Corrupt of Induce to Engage in Prostitution
1. Corrupting act or inducement
Two types of divorce 2. Committed by
1. Absolute divorce or divortio a vincula matrimonii a. Spouse
- Cuts the marital ties and terminates the marriage, allowing the b. Third person with connivance of spouse
parties to rehain their legal capacity to marry
2. Limited divore or divortio a mensa et thoro, or legal separation Final Judgement of Imprisonment for More Than Six Years
- Involves only the separation of bed and board 1. Mere fact of conviction by final judgement
2. Penalty of imprisonment for more than six years
ARTICLE 55. A petition for legal separation may be filed on any of the 3. Does not have to be served out, even if pardoned
following grounds: 4. Any crime; Any victim not necessarily the spouse or children

(1) Repeated physical violence or grossly abusive conduct Drug Addiction or Habitual Alcoholism, Lesbianism or Homosexuality
directed against the petitioner, a common child, or a child of 1. Appear after celebration of marriage
the petitioner;
Bigamous Marriage
(2) Physical violence or moral pressure to compel the petitioner
to change religious or political affiliation;
Sexual Infidelity or Perversion (no definition provided by law)
(3) Attempt of respondent to corrupt or induce the petitioner, a - Sexual infidelity refers to the condition of the mind; some
common child, or a child of the petitioner, to engage in believe that a single act of indiscretion is sufficient to show
prostitution, or connivance in such corruption or disloyalty, other adopt a more liberal view and look for
inducement; further manifestations of disregard of the marital obligation of
respect and fidelity
(4) Final judgment sentencing the respondent to imprisonment - Sexual Perversion – object of sexual acts may not the other
of more than six years, even if pardoned; spouse, i.e. a thing or an animal; may be the other spouse e.g.
sado-masochism
(5) Drug addiction or habitual alcoholism of the respondent;
Attempt Against Other Spouse’s Life
(6) Lesbianism or homosexuality of the respondent; 1. Intent to kill other spouse
2. Done by spouse or a third person in conspiracy
(7) Contracting by the respondent of a subsequent bigamous
marriage, whether in the Philippines or abroad; 3. Attempted or frustrated (criminal law sense)

(8) Sexual infidelity or perversion; Abandonment for More than One Year
Abandonment implies a departure by one spouse with the avowed intent never
(9) Attempt by the respondent against the life of the petitioner; to return, followed by a prolonged absence without just cause, and without, in
or the meantime, providing in the least for one’s family although able to do so;
there must be absolute cessation of marital relations, duties and rights with the
(10) Abandonment of petitioner by respondent without intention of perpetual separation
justifiable cause for more than one year.
ARTICLE 56. The petition for legal separation shall be denied on any
For purposes of this Article, the term "child" shall include a child by of the following grounds:
nature or by adoption. (9a)
(1) Where the aggrieved party has condoned the offense or act
RC PIA L BSAA complained of;
RPV GAC | Change RP Affiliation | Prostitution | Imprisonment | Addiction,
Alcoholism | Lesbianism, Homosexuality | Bigamous Marriage | Sexual (2) Where the aggrieved party has consented to the commission of the
Infidelity, Perversion | Attempt against life | Abandonment offense or act complained of;

Repeated Physical Violence (3) Where there is connivance between the parties in the commission of
1. Perpetrated by either spouse the offense or act constituting the ground for legal separation;
2. Against
a. The other spouse (4) Where both parties have given ground for legal separation;
b. Their common child
(5) Where there is collusion between the parties to obtain decree of
c. Child of the spouse seeking legal separation (legitimate or legal separation; or
illegitimate)
(6) Where the action is barred by prescription. (100a)
Note: if the violence is against the child of violent spouse, the other spouse
cannot seek legal separation. CCCC PDP
Condonation | Consent | Connivance | Collusion | Pari Delicto | Prescription
General abusive conduct should be seen from the point of iew of the
obligation of the husband and wife to live together, observe mutual love, Condonation is the act of pardon extended by the innocent spouse to the errant
respect and fidelity, and render mutual help and support; As regards the child, spouse; maybe express or implied, and comes after full knowledge by the
in the same nature as the acts that constitute grounds for the suspension or innocent spouse of the ground for legal separation
termination of parental authority and those maltreatments considered as “child
abuse” under the Special Protection of Children Against Abuse, Exploitation, Implied condonation, examples
and Discrimination Act a. Engaging in voluntary sexual intercourse with errant spouse despite
full knowledge of the offense; not when done in attempt of
Compelling to Change Religious or Political Affiliation reconciliation
1. Mere employment of coercive means give rise to the ground; need b. Act of giving money to the errant spouse
not necessarily that the physical or moral pressure is successful
2. Physical violence or moral pressure applied to the spouse Defense of consent or condonation in criminal prosecution must be prior to the
filing of the criminal complaint.
Note: If applied to children, no ground for LegSep arise
Consent may be expressed, as in the case of an agreement. It may be implied. Mere filing of petition for legal separation affects/suspends the rights and
obligations of the spouses.
Consent is granted prior to the commission of the offense, while pardon is
given after. ARTICLE 62. During the pendency of the action for legal separation,
the provisions of Article 49 shall likewise apply to the support of the
Connivance is having knowledge of and active or passive consent to the act spouses and the custody and support of the common children. (105a)
that constitutes a ground for legal separation; cooperating secretly or allowing
the ground for legal separation to arise instead of preventing it. Support of the spouses and the children during the pendency of the
proceedings shall come from the absolute community of conjugal partnership.
Collusion means the agreement between husband and wife for one of them to
commit, or to appear to commit, or to be represented in court as having *Article 49. During the pendency of the action and in the absence of adequate
committed, a matrimonial offense, or to suppress evidence of a valid defense, provisions in a written agreement between the spouses, the Court shall provide
for the purpose of enabling the other to obtain a divorce. for the support of the spouses and the custody and support of their common
children. The Court shall give paramount consideration to the moral and
Pari Delicto or mutual guilt or recrimination is when both spouses have material welfare of said children and their choice of the parent with whom
committed acts constituting grounds for legal separation. they wish to remain as provided to in Title IX. It shall also provide for
appropriate visitation rights of the other parent. (n)
Prescription. Article 57.

Death of Party. Death of one party to the action causes the death of the action ARTICLE 63. The decree of legal separation shall have the following
itself. Actio personalis moritur cum persona. effects:

ARTICLE 57. An action for legal separation shall be filed within five (1) The spouses shall be entitled to live separately from each other, but
years from the time of the occurrence of the cause. (102) the marriage bonds shall not be severed;

ARTICLE 58. An action for legal separation shall in no case be tried (2) The absolute community or the conjugal partnership shall be
before six months shall have elapsed since the filing of the petition. dissolved and liquidated but the offending spouse shall have no right to
(103) any share of the net profits earned by the absolute community or the
conjugal partnership, which shall be forfeited in accordance with the
ARTICLE 59. No legal separation may be decreed unless the Court has provisions of Article 43(2);
taken steps toward the reconciliation of the spouses and is fully
satisfied, despite such efforts, that reconciliation is highly improbable. (3) The custody of the minor children shall be awarded to the innocent
(n) spouse, subject to the provisions of Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the
The offended spouse has five (5) years from the occurrence of the cause,
innocent spouse by intestate succession. Moreover, provisions in favor
not knowledge thereof, within which to take action in court.
of the offending spouse made in the will of the innocent spouse shall be
revoked by operation of law. (106a)
COOLING-OFF PERIOD. The period of six months is intended to be a
cooling off period to make possible reconciliation between the spouses. The 1. Legal separation has the effect of separation from bed and board but
period is mandatory. The court may however resolve other matters demanding the spouses remain married to each other and are still obliged to
immediate attention such as custody, alimony, support pendent lite, etc. comply with certain obligations. eg. to observe fidelity, wife
 EXCEPTION. When violence specified in the Anti-VAWC continues to use name before legal separation
Act is alleged, six month cooling-off period shall not apply.
2. Support between spouses ceases. Guilty spouse maybe ordered to
give support to innocent spouse.
ARTICLE 60. No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment. 3. Absolute community or conjugal partnership is liquidated. Share of
guilty spouse is forfeited. (Article 43(2) in favor of the common
In any case, the Court shall order the prosecuting attorney or fiscal
children or, if there are none, the children of the guilty spouse by a
assigned to it to take steps to prevent collusion between the parties and
to take care that the evidence is not fabricated or suppressed. (101a) previous marriage or in default of children, the innocent spouse)

Grounds for legal separation must be proved before the presiding judge. The After LegSep, spouses are governed by complete separation of
Presiding judge must personally conduct the trial of the case. property.

No judgment on pleadings, summary judgment, or confession of judgment 4. Custody of children is given to the innocent spouse.
shall be allowed. Court is not allowed to declare the offending spouse in  EXCEPTION. No child under seven years old shall be
default. separated from the mother, unless the court finds
compelling reasons to order otherwise.
DEFAULT PROCEEDING is one conducted with only the offended spouse
presenting evidence without the participation of the offending spouse. If 5. In case of legal separation, guilty spouse is automatically
offending spouse files his answer but fails to appear, the intervention of the disqualified from getting share whther by testate succession or
public prosecutor is required. intestate succession. No decree of legal separation was secured,
guilty spouse may be disinherited by innocent spouse.

ARTICLE 61. After the filing of the petition for legal separation, the
spouses shall be entitled to live separately from each other. ARTICLE 64. After the finality of the decree of legal separation, the
innocent spouse may revoke the donations made by him or by her in
The court, in the absence of a written agreement between the spouses, favor of the offending spouse, as well as the designation of the latter as
shall designate either of them or a third person to administer the beneficiary in any insurance policy, even if such designation be
absolute community or conjugal partnership property. The stipulated as irrevocable. The revocation of the donations shall be
administrator appointed by the court shall have the same powers and recorded in the registries of property in the places where the
duties as those of a guardian under the Rules of Court. (104a) 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. Creditors not listed are not prejudiced by the recording of order of approval.
The Creditor must run first after the separate property of the debtor-
The action to revoke the donation under this Article must be brought spouse before properties of the restored regime may be held liable.
within five years from the time the decree of legal separation become
final. (107a)
TITLE II: RIGHTS AND OBLIGATIONS BETWEEN HUSBAND
As to revocation of donations and designation in insurance policy, the innocent AND WIFE
spouse may do either or both or none.

Revocation of donations refer to donations propter nuptias or donations made ARTICLE 68. The husband and wife are obliged to live together,
by the innocent spouse to the guilty spouse. Prescription: With five years observe mutual love, respect and fidelity, and render mutual help and
from finality of decree of legal separation support. (109a)

The term “insured” is a typographical error. Written notification must be given

to the “insurer” not to the insured. No prescriptive period. Spouse may still be liable for the crime if he forces the other spouse or
commits any act constituting rape.
ARTICLE 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) ARTICLE 69. The husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide.
ARTICLE 66. The reconciliation referred to in the preceding Articles
shall have the following consequences: The court may exempt one spouse from living with the other if the
latter should live abroad or there are other valid and compelling
(1) The legal separation proceedings, if still pending, shall thereby be reasons for the exemption. However, such exemption shall not apply if
terminated at whatever stage; and the same is not compatible with the solidarity of the family. (110a)

(2) The final decree of legal separation shall be set aside, but the Article refers to residence not domicile.
separation of property and any forfeiture of the share of the guilty
spouse already effected shall subsist, unless the spouses agree to revive In the event the spouses cannot agree on their domicile, the court fixes it for
their former property regime.
them.
The court's order containing the foregoing shall be recorded in the
proper civil registries. (108a) When one of the spouses decides to live in a foreign country, the other is duty
bound by consortium to follow. The court may allow the spouse left behind to
remain and continue to stay here.

RECONCILIATION is nothing more than forgiveness being extended by the GENERAL RULE: Spouses have the duty to live together.
offended spouse and the corresponding commitment of the offending spouse to  EXCEPTION: the court may except the spouses from living
mend ways occurring after the filing of the petition for legal separation together if there are valid and compelling reasons therefor.

Decree of legal separation does not really become final as that of other The court cannot compel a spouse o cohabit or render conjugal rights with
ordinary actions. Reconciliaton negates the effects of the decree. the other. He may however be admonished that it is his duty to return.

GENERAL RULE: Reconciled spouses resume their obligations to live

together and support each other.
ARTICLE 70. The spouses are jointly responsible for the support of
 EXCEPTION. Separation of property and forfeiture of share the family. The expenses for such support and other conjugal
of guilty spouse continue in effect, UNLESS spouses to agree obligations shall be paid from the community property and, in the
to revive their former property regime, or adopt a new regime absence thereof, from the income or fruits of their separate properties.
different from that which they had prior to the filing of a In case of insufficiency or absence of said income or fruits, such
petition for legal separation. obligations shall be satisfied from the separate properties. (111a)
 Law is silent as to what will happen to the revoked donation.
In case of change of designation of insurance beneficiary, the CONJUGAL OBLIGATIONS are obligations for which the spouses and
offended spouse may just reinstate the guilty spouse. their community properties may be held liable for an expense incurred by both
or even by a spouse alone when sanctioned by law as distinguished from the
ARTICLE 67. The agreement to revive the former property regime separate obligations of either the husband or the wife for which each is
referred to in the preceding Article shall be executed under oath and individually responsible.
shall specify:
Sources of Payment of Expenses
(1) The properties to be contributed anew to the restored regime; 1. First, community property
2. Second, income or fruits of the separate properties
(2) Those to be retained as separated properties of each spouse; and
3. Separate properties themselves
(3) The names of all their known creditors, their addresses and the
amounts owing to each.
ARTICLE 71. The management of the household shall be the right and
The agreement of revival and the motion for its approval shall be filed the duty of both spouses. The expenses for such management shall be
with the court in the same proceeding for legal separation, with copies paid in accordance with the provisions of Article 70. (115a)
of both furnished to the creditors named therein. After due hearing,
the court shall, in its order, take measure to protect the interest of Note: Responsibility of both spouses.
creditors and such order shall be recorded in the proper registries of
properties.
ARTICLE 72. When one of the spouses neglects his or her duties to the
The recording of the ordering in the registries of property shall not conjugal union or commits acts which tend to bring danger, dishonor
prejudice any creditor not listed or not notified, unless the debtor- or injury to the other or to the family, the aggrieved party may apply
spouse has sufficient separate properties to satisfy the creditor's claim. to the court for relief. (116a)
(195a, 108a)
Spouse may apply for court relief in case the other fails to comply with marital
obligations. No specific relief. It must be shown that there is willful and utter
disregard of the obligations as evidenced by a repetition of deliberate acts or
ommissions.

ARTICLE 73. Either spouse may exercise any legitimate profession,

occupation, business or activity without the consent of the other. The
latter may object only on valid, serious, and moral grounds.

In case of disagreement, the court shall decide whether or not:

(1) The objection is proper, and

(2) Benefit has occurred to the family prior to the objection or

thereafter. If the benefit accrued prior to the objection, the
resulting obligation shall be enforced against the separate
property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who
acted in good faith. (117a)
ARTICLE

Conditions
1. Profession or business is legitimate
2. Under certain circumstances, engaging to such activity may give
rise to objection based on valid, serious, and moral ground
3. Valid, serious, and moral ground is that which will prevent the
working spouse to comply with any of the essential marital
obligations of the marriage.

(There is omission, read provision as appearing in the draft)

1. Benefit accrued prior to the objection, obligation is against the
community property.
2. Benefit accrued after objection, obligation enforced against separate
property of spouse who has not obtained consent.

Community property is understood in its broadest sense to include conjugal

property.

If profession or business is out-rightly immoral or criminal, the property of

absolute community or conjugal partnership shall not be liable, but the separate
property of the spouse engaged in the activity.
TITLE IV: PROPERTY RELATIONS BETWEEN HUSBAND AND a. ABSOLUTE OR UNIVERSAL COMMUNITY. All
WIFE properties of the spouses form a single patrimony
b. RELATIVE OR LIMITED COMMUNITY. There are
CHAPTER 1. GENERAL PROVISIONS properties owned separately by spouses, and at the same time,
Article 74-81 a common patrimony with variable composition
i. COMMUNITY OF PERSONAL PROPERTY.
CHAPTER 2. DONATIONS BY REASON OF MARRIAGE Real property belong separately to spouse
Article 82-87
ii. COMMUNITY OF ACQUISITION. All the
income of the spouses from work or property and
CHAPTER 3. SYSTEM OF ABSOLUTE COMMUNITY
Article 88-104 acquisitions of onerous title form a common mass;
properties brought to the marriage and those
CHAPTER 4. CONJUGAL PARTNERSHIP OF GAINS bought by lucrative title during the marriage
Article 105-133 remain separate
iii. COMMUNITY OF FUTURE PROPERTY. All
CHAPTER 5. SEPARATION OF PROPERTY OF THE future acquisition of spouses form a common
SPOUSE AND ADMINISTRATION OF COMMON patrimony, while property owned at the celebration
PROPERTY BY ONE SPOUSE DURING THE of marriage remained to be owned separately
MARRIAGE 2. REGIME OF SEPARATION. Spouses retain ownership of their
Article 134-142 respective property
a. SINGLE ADMINISTRATION SYSTEM. Administration
CHAPTER 6. REGIME OF SEPARATION OF PROPRTY
and enjoyment of all the property of the wife is vested in the
Article 143-146
husband
CHAPTER 7. PROPERTY REGIME OF UNIONS b. DOTAL SYSTEM. Property of the wife is divided into
WITHOUT MARRIAGE dowry and parapheral property, the former being given to the
Article 147-148 husband in administration and usufruct, while the later is
retained by the wife
c. ABSOLUTE SEPARATION. Each spouse has the
CHAPTER 1 ownership, administration, and enjoyment of her respective
GENERAL PROVISIONS property
Article 74-81
ABSOLUTE COMMUNITY OF PPROPERTY
ARTICLE 74. The property relationship between husband and wife - Default future spouses fail to execute a marriage settlement
shall be governed in the following order: - When regime agreed upon is void
- When “marriage settlement” does not provide for the property
(1) By marriage settlements executed before the marriage; regime
(2) By the provisions of this Code; and
(3) By the local custom. (118) ARTICLE 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.
No marriage can exist without a governing property regime. (121)

Order of rules governing Property Relations of Spouses ARTICLE 77. The marriage settlements and any modification thereof
1) By marriage settlements executed before the marriage shall be in writing, signed by the parties and executed before the
2) By the provisions of this Code celebration of the marriage. They shall not prejudice third persons
3) By the local custom unless they are registered in the local civil registry where the marriage
contract is recorded as well as in the proper registries of properties.
MARRIAGE SETTLEMENT is an agreement with the formalities (122a)
prescribed by law, entered into before the celebration of marriage by the future
spouses, fixing the terms and conditions of the matrimonial property regime Requirements of Valid Marriage Settlements
that will govern their property relations during their marriage (aka ante-nuptial The marriage settlement and any modifications thereof
or prenuptial agreement) 1. must be executed before the celebration of marriage
2. must be in writing
Personal rights and obligations are defined by law and may not be changed by 3. must be signed by the parties
mere agreement of the future spouses.
 EXCEPTION. Except insofar as the fixing of the domicile is Must be recorded to
concerned 1. Local Civil Registrar where marriage contract is recorded; AND
2. In the proper registries of properties
PROVISION OF THIS CODE refers to the provisions of Title IV, Property
Relations Between Husband and Wife from Chapter 1 to 6. Changes made in the marriage settlements after the celebration of
marriage is NOT allowed by law.
LOCAL CUSTOM. No local custom is known to provide a set of rules  EXCEPTIONS:
extensive in coverage and in details; Local customs are not acknowledged Article 66-67 (Reconciliation after Legal Separation)
 EXCEPTION. Except for indigenous traditions observed in few Article 128 (Abandonment),
localities Article 135-136 (judicial separation of property)

ARTICLE 75. The future spouses may, in the marriage settlements, ARTICLE 78. A minor who according to law may contract marriage
agree upon the regime of absolute community, conjugal partnership of may also execute his or her marriage settlements, but they shall be
gains, complete separation of property, or any other regime. In the valid only if the persons designated in Article 14 to give consent to the
absence of a marriage settlement, or when the regime agreed upon is marriage are made parties to the agreement, subject to the provisions
void, the system of absolute community of property as established in of Title IX of this Code. (120a)
this Code shall govern. (119a)
ARTICLE 79. For the validity of any marriage settlement executed by
Different Kinds of Property Regimes (Arturo Tolentino) a person upon whom a sentence of civil interdiction has been
1. REGIME OF COMMUNITY. A common patrimony is formed to pronounced or who is subject to any other disability, it shall be
answer for the family indispensable for the guardian appointed by a competent court to be
made a party thereto. (123a)

IN CASE OF A MINOR (including >18 but <21 yo)

In order to be valid, marriage settlement executed by a minor must be
consented to and signed by persons authorized by law to consent to the
marriage of minor

IN CASE OF PERSON UNDER CIVIL INTERDICTION, SUBJECT TO

ANY OTHER DISABILITY
In order to be valid, guardian appointed by a competent court has to be
made a party to the marriage settlement

ARTICLE 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)

REQUISITES, Property Relations in a MIXED MARRIAGE to be

Governed by Philippine Laws
1. Marriage must be between a Filipino spouse and a foreigner
2. Property is located in the Philippines
3. There is no contrary stipulation in their marriage settlement

ARTICLE 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. (125a)

GENERAL RULE: Everything stipulated in the settlements in consideration

of a future marriage, including donations propter nuptias, shall be rendered
void if the marriage does not take place.
 EXCEPTION: Stipulations that do not depend upon the
celebration of marriage shall be valid.
CHAPTER 2 (1) If the marriage is not celebrated or judicially declared void
DONATIONS BY REASON OF MARRIAGE ab initio except donations made in the marriage settlements,
Article 82-87 which shall be governed by Article 81;

ARTICLE 82. Donations by reason of marriage are those which are (2) When the marriage takes place without the consent of the
made before its celebration, in consideration of the same, and in favor parents or guardian, as required by law;
of one or both of the future spouses. (126)
(3) When the marriage is annulled, and the donee acted in bad
DONATION is an act of liberality whereby a person disposes gratuitously of a faith;
thing or right in favor of another who accepts it.
(4) Upon legal separation, the donee being the guilty spouse;
DONATION PROPTER NUPTIAS is a special type of donation made by
(5) If it is with a resolutory condition and the condition is
reason of marriage. Governed by Title IV, Chapter 3 FC instead of Book III, complied with;
Title III NCC.
(6) When the donee has committed an act of ingratitude as
REQUIZITES specified by the provisions of the Civil Code on donations in
1. The donation must be made before the celebration of the marriage general. (132a)
2. It must be given in consideration thereof
3. It must be given in favor of one or both of the future spouses If the donor does not act on the grounds, then the donation propter
nuptias subsists.
Donation made on the same day but before the actual marriage is valid.
MARRIAGE NOT CELEBRATED
The marriage is merely the occasion or motive for the donation, not the causa. - When the marriage is not celebrated or is judicially
It does not give rise to an obligation but rather a resolutory condition. declared void, the donation propter nuptias is revocable,
not void. There may be valid donation propter nuptias even
The done must either of the future spouses, while the donor may be wither of without marriage.
the spouses or a third person.  EXCEPTION: if the donation is made in the marriage
settlement and the marriage is not celebrated, the
ARTICLE 83. These donations are governed by the rules on ordinary donation is considered void.
donations established in Title III of Book III of the Civil Code, insofar
as they are not modified by the following articles. (127a) - From third persons: Donations made by third persons when
the marriage is not celebrated is revocable.
Rules on ordinary donation is applicable to donation propter nuptias. However,
rules in Title IV, Chapter 3 FC prevail in case of conflict. Application of Article 43, par 3
(Applicable only to donations between future spouses)
Ordinary donation of immovable property must be in public instrument, 1. Donoee-spouse is in bad faith, donation is revoked by operation of
otherwise, it shall be void ab initio. law
2. Donor-spouse is in bad faith, donation is valid
An ordinary donation of a movable property may be in private writing or even 3. Both spouses are in bad faith, in pari delicto,,donation is valid
orally made depending on the amount given. 4. Both in good faith, donation is valid

ARTICLE 84. If the future spouses agree upon a regime other than the MARRIAGE WITHOUT PARENTAL CONSENT
absolute community of property, they cannot donate to each other in - Marriage has to be annulled first before the donation in this
their marriage settlements more than one-fifth of their present instance may be revoked.
property. Any excess shall be considered void. - The donation propter nuptias made by the spouse who is
required to secure parental consent to the other shall be
Donations of future property shall be governed by the provisions on
considered not valid or voidable.
testamentary succession and the formalities of wills. (130a)
MARRIAGE ANNULLED
Spouses may donate to the other only up to one-fifth of his or her present
- There must be a judicial decree annulling the marriage to
property if the property agreed upon by them is not the absolute community of
revoke a donation propter nuptias.
property.
- From third party: Donation to the spouse in bad faith is
 If more than one-fifth was donated, donation itself is not void but
revocable
is valid up to the amount equivalent to the allowable limit.
- Between spouses: Donations made by the innocent spouse to
offending spouse is automatically rendered void by judgment
If absolute community, there is no restriction since donor-spouse will become
of annulment.
a co-owner of the property upon marriage.
LEGAL SEPARATION
ARTICLE 85. Donations by reason of marriage of property subject to
- From third party: Donation to spouse in bad faith is
encumbrances shall be valid. In case of foreclosure of the encumbrance
and the property is sold for less than the total amount of the obligation revocable, but not to donations to the innocent spouse
secured, the donee shall not be liable for the deficiency. If the property - Between spouses: Donation made by innocent spouse to
is sold for more than the total amount of said obligation, the donee guilty spouse is revocable; Donation made by guilty spouse to
shall be entitled to the excess. (131a) innocent spouse remains valid

The donor has no obligation to free the property from the encumberance before RESOLUTORY CONDITION
giving it away, Example of encumberance is mortgage. The done-spouse may - A DONATION WITH RESOLUTORY CONDITION is
lose the property if it be sold to cover for the encumberance one where the happening of the event constituting the
condition will extinguish rights already existing
Price > amount of obligation = excess goes to donee-spouse - Either from third party or between spouses: if the condition
Price < amount of obligation = donee spouse not liable is violated, the donor may file an action to revoke donation

ARTICLE 86. A donation by reason of marriage may be revoked by ACTS OF INGRATITUDE

the donor in the following cases: - ACTS OF INGRATITUDE has restricted meaning in law:
1. If the done should commit some offense against the
person, the honor or the property of the donor, or of his
wife or children under his parental authority
2. If the done imputes to the donor any criminal offense, or
any act involving moral turpitude, even though he
should prove it, unless the crime or the act has been
committed against the donee himself, his wife, or
children under his authority
3. If he unduly refuses him support when the done is
legally or morally bound to give support to the donor

Note: Article 86 is inconsistent with Article 50:

ARTICLE 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.
(133a)

GENERAL RULE: Donations cannot be made without the consent of both

spouses
 EXCEPTION: in case of moderate gifts which the spouses
may give each other on the occasion of any family rejoicing

Whether a gift is moderate or not depends on the circumstances of the spouse

particularly their financial capacity.

The prohibition covers persons living together without the benefit of a valid
marriage. Illegitimate relationship should not be in a better position than a
legitimate marriage.

Donations between couples who are guilty of adultery or concubinage at the

time of the donation shall be void. Only preponderance of evidence is required,
not criminal conviction.

INDIRECT DONATION, 2 forms

1. On its face is not a donation or a grant of gratuitous advantage but
in truth the transaction is really one prohibited by law
eg. Mother sells to daughter who sells to stepfather

2. Where the property is ostensibly transferred to a third person to

whom the other spouse is an heir

DONATION INTER VIVOS takes place during the lifetime of the donor
DONATION MORTIS CAUSA takes effect upon the death of the donor

Prohibition applies only to donation inter vivos. There is no prohibition against

a spouse to donate his/her properties to the other by way of testamentary grant
subject only to the legitimate of other compulsory heir.

Spouse in adulterous relationship cannot name his/her paramour as beneficiary

or heir even in a donation mortis causa.

GENERAL RULE: The husband and wife cannot sell property to each other
 EXCEPTION:
a. When a separation of property is agreed upon in the
marriage settlements; or
b. Where there has been a judicial separation of property
under Article 191
CHAPTER 3 Owned by both spouses
SYSTEM OF ABSOLUTE COMMUNITY 1. All properties owned at the celebration of marriage
Article 88-104 2. All properties acquired after celebration of marriage

SECTION 1. GENERAL PROVISIONS ARTICLE 92. The following shall be excluded from the community
property:
ARTICLE 88. The absolute community of property between spouses
shall commence at the precise moment that the marriage is celebrated. (1) Property acquired during the marriage by gratuitous title
Any stipulation, express or implied, for the commencement of the by either spouse, and the fruits as well as the income thereof,
community regime at any other time shall be void. (145a) if any, unless it is expressly provided by the donor, testator
or grantor that they shall form part of the community
property;
Any agreement or stipulation that the regime of absolute community of
property begins before or after the precise moment of the celebration of the (2) Property for personal and exclusive use of either spouse.
marriage is void. However, jewelry shall form part of the community
property;
ARTICLE 89. No waiver of rights, shares and effects of the absolute
(3) Property acquired before the marriage by either spouse who
community of property during the marriage can be made except in
has legitimate descendants by a former marriage, and the
case of judicial separation of property.
fruits as well as the income, if any, of such property. (201a)
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 EXCLUSIONS IN THE COMMUNITY PROPERTY/ SPEARATE
Article 77. The creditors of the spouse who made such waiver may PROPERTIES
petition the court to rescind the waiver to the extent of the amount 1. Those excluded in the marriage settlement
sufficient to cover the amount of their credits. (146a) 2. Those excluded by the Family Code

Exclusions cannot comprise a substantive portion of a spouse as it will change

Waiver of rights, interests, shares and effects of the absolute community of the nature of the property regime.
property during the marriage is not allowed. Prohibition applies whether the  EXCEPTION: Those provided for in this Article
waiver is done by one spouse in favor of the other, or by both in favor of a
third person. PROPERTY ACQUIRED DURING MARRIAGE BY GRATIUTOUS
 EXCEPTION: right as to specific property in favor of a third TITLE does not form part of the community property; Includes fruits and
person with consent of both spouses maybe effectively waived income
 EXCEPTION: Upon dissolution of absolute community, a spouse  EXCEPTION: Unless expressly provided by the donor that
becomes the exclusive owner of his or her share thereon and may they shall form part of the community property
dispose of the same as he or she deems fit.  Donations propter nuptias forms part of the community
property
FORMAL REQUISITES OF WAIVER
1. In the form of a public instrument PROPERTY FOR PERSONAL AND EXCLUSIVE USE OF EITHER
2. Recorded in the local civil registrar where the marriage contract is SPOUSE
recorded Depends not on actual use but on the nature of the property, covers only
3. Recorded in the proper registries of properties properties not of significant value, must be inexpensive regular items
 EXCEPTION: Properties which may only be used by one
Creditor of the spouse who waives hid right to his share of the absolute spouse but has a significant value (e.g. expensive gown,
community cannot be prejudiced. Creditor must go to court to rescind the personal car)
waiver up to the extent of the amount owed to him.  EXCEPTION: Jewelries, regardless of value, form part of
the community property
ARTICLE 90. The provisions on co-ownership shall apply to the
absolute community of property between the spouses in all matters not PROPERTY ACQUIRED BEFORE MARRIAGE WHEN THERE ARE
provided for in this Chapter. (n) LEGITIMATE DESCENDANTS BY FORMER MARRIAGE, includes all
of the remarrying spouse regardless of property regime in previous marriage,
including separate properties, fruits and income of these properties
CO-OWNERSHIP when two or more persons own an undivided thing or  EXCEPTION: If only illegitimate descendants are present,
right. the exclusion does not apply

Governed by Article 484 to 501, Title III, Book II NCC ARTICLE 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)

It must be first proven that the property was acquired during the marriage;
“During the marriage” include those properties brought into the marriage.
 Property acquired by one spouse during marriage through
inheritance is not community; but property inherited before
SECTION 2. WHAT CONSTITUTES COMMUNITY PROPERTY and then brought into the marriage is community

ARTICLE 91. Unless otherwise provided in this Chapter or in the Presumption stands with respect to all properties acquired during the marriage
marriage settlements, the community property shall consist of all the regardless in whose name the property is registered.
property owned by the spouses at the time of the celebration of the
marriage or acquired thereafter. (197a) Even property brought by a spouse while living separately but during the
lifetime of the other (separation in fact) is presumed to be community property.

One who is not becomes a co-owner of property by virtue of marriage. Property acquired by widow or widower is separate property.
Presumption does not operate when there is no showing when the improvement;
property was acquired.
(7) Antenuptial debts of either spouse insofar as they have
Acquisition and registration are two different acts. If property was registered redounded to the benefit of the family;
during marriage (owner spouse was described as “married to …”), the property
will not be presumed community unless its acquisition during marriage is (8) The value of what is donated or promised by both spouses in
proven. 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) Antenuptial 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)

1. Support
2. Debts with consent
3. Debts without consent
4. Expenses on Community Property
5. Expenses on Separate Property
6. Expenses for Professional or Vocational Course
7. Ante-Nuptial Debts Benefitting Family
8. Donated or Promised to Common Legitimate Children
9. Expenses Not Benefitting the Family for which Advances may be
Made
10. Expenses of Litigation

SUPPORT comprises everything indispensable for sustenance, dwelling,

clothing, medical attendance, education and transportation in keeping with the
financial capacity of the spouses

Community Property is Liable for the Support of the following:

a. Spouses
b. Common children
c. Legitimate children of either spouse by a previous marriage

SECTION 3. CHARGES AND OBLIGATIONS OF THE ABSOLUTE Support of illegitimate children is take from separate properties.
COMMUNITY  In case of insufficiency, the community property will provide
for advance payment
ARTICLE 94. The absolute community of property shall be liable for:
DEBTS AND OBLIGATIONS BY ADMINISTRATOR-SPOUSE, BY
(1) The support of the spouses, their common children, and BOTH SPOUSES OR BY ONE WUTH CONSENT OF THE OTHER
legitimate children of either spouse; however, the support of Expenses incurred in the administration of the common property and those of
illegitimate children shall be governed by the provisions of
the family are chargeable in the community property.
this Code on Support;

(2) All debts and obligations contracted during the marriage by DEBTS AND OBLIGATIONS INCURRED WITHOUT CONSENT OF
the designated administrator-spouse for the benefit of the THE OTHER SPOUSE
community, or by both spouses, or by one spouse with the An expense incurred without the consent of the other spouse must be shown to
consent of the other; benefit the family to be able to be chargeable against the community property,
otherwise, it shall be chargeable against separate property of the spending
(3) Debts and obligations contracted by either spouse without spouse
the consent of the other to the extent that the family may
have been benefited; EXPENSES IN COMMUNITY PROPERTY
Property involved is conjugal, naturally, the regime should pay for expenses
(4) All taxes, liens, charges and expenses, including major or therein.
minor repairs, upon the community property;
EXPENSES ON SEPARATE PROPERTY
(5) All taxes and expenses for mere preservation made during
1. Separate property being used by family
marriage upon the separate property of either spouse used
by the family; 2. Taxes and expenses made for mere preservation
3. Expenses incurred/made during the marriage
(6) Expenses to enable either spouse to commence or complete a
professional or vocational course, or other activity for self-
EXPENSES FOR MERE PRESERVATION are those without which the If spouse loses in gambling, the loss is his alone and not charged against the
property would physically deteriorate or be lost; does not include useful community property.
expenses or those that add up to the value of the property
If the spouse wins, winning does not belong to him exclusively but forms part
EXPENSES FOR PROFESSIONAL OR VOCATIONAL COURSE of the community property.
Expanded education to include other activities for self-improvement; this
expense does not require the consent of the other spouse to hold the
community property liable

ANTE-NUPTIAL DEBTS BENEFITTING FAMILY

a. ANTE-NUPTIAL DEBTS are those incurred by a spouse before
their marriage
b. The debt redounded to the benefit of family

VALUE THAT OF DONATED OR PROMISED BY BOTH SPOUSES

TO THEIR COMMON CHILDREN
1. Donation or promise must be made by both spouses
2. In favor of their common legitimate children
3. For the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-
improvement

Donation made by only one spouse is void.

EXPENSES OF LITIGATION
a. Expenses of litigation involving family concerns including interest SECTION 4. OWNERSHIP, ADMINISTRATIVE, ENJOYMENTS
of absolute community AND DISPOSITION OF THE COMMUNITY PROPERTY
b. Does not include expenses incurred by one spouse suing the other
 EXCEPTION: when one spouse is compelled to sue the SECTION 96. The administration and enjoyment of the community
other, especially in case of support and the fulfillment of property shall belong to both spouses jointly. In case of disagreement,
other conjugal and family obligations the husband's decision shall prevail, subject to recourse to the court by
c. If suit is groundless, no benefit to family, losing spouse will have to the wife for proper remedy, which must be availed of within five years
pay using separate property from the date of the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to

TOMBSTONE OR MAUSOLEUM
participate in the administration of the common properties, the other
Funeral expenses including construction of tombstone or mausoleum is
spouse may assume sole powers of administration. These powers do not
chargeable against community property. include disposition or encumbrance without authority of the court or
the written consent of the other spouse. In the absence of such
Benefit required implies that the transaction would result to some discernable authority or consent, the disposition or encumbrance shall be void.
advantage or good of the absolute community which depend greatly on the However, the transaction shall be construed as a continuing offer on
health, well-being and soundness of body and mind of the spouses the part of the consenting spouse and the third person, and may be
perfected as a binding contract upon the acceptance by the other
EXPENSES NOT BENEFITTING FAMILY FOR WHICH ADVANCES spouse or authorization by the court before the offer is withdrawn by
MAY BE MADE BY THE ABSOLUTE COMMUNITY either or both offerors. (206a)
GENERAL RULE: The community property shall be liable only to expenses
that redounded to the benefit of the family
 EXCEPTIONS GENERAL RULE: Either spouse (separately) may not impose charges and
a. Ante-nuptial debts of either spouses which have not obligations on the community property
redounded to the benefit of the family  EXCEPTION
b. The support of illegitimate children of either spouse a. Made with the consent of the other
c. Liabilities incurred by either spouse by reason of a crime or a b. There is benefit to the family
quasi-delict
Disposition or encumbrance of a specific community property is void
The expenses are chargeable against the separate property of the affected unless consented by both of them.
spouse, but does not have enough to pay for the expenses; Community
property will be liable to pay the advances but not the separate property of the Spouses may NOT dispose of interest to the community property during
other spouse marriage, except
1. In case of judicial separation of properties
SOLIDARY LIABLE means that although both spouses are liable for the 2. Upon death of one spouse
unpaid balance, the separate property of one spouse alone may be made to 3. After dissolution of the marriage
answer for the whole amount due without having to wait from any contribution
from the other spouse Ownership constitutes a bundle of rights enjoyed by the owner of a property.
Includes the right to enjoy and dispose of the thing and the right to recover.
JOINTLY LIABLE means that although two or more persons owe another,
each of them may be compelled only to pay for his or her share and not the Other strict acts of ownership (Article 1878, NCC)
whole amount due 1. To make such payments as are not usually considered as acts of
ARTICLE 95. Whatever may be lost during the marriage in any game dominion
of chance, betting, sweepstakes, or any other kind of gambling, 2. To effect innovations which put an end to obligations already in
whether permitted or prohibited by law, shall be borne by the loser existence at the time the agency was constituted
and shall not be charged to the community but any winnings therefrom 3. To compromise, to submit questions to arbitration, to renounce the
shall form part of the community property. (164a) right to appeal from judgment, to waive objections to the venue of
an action or to abandon a prescription already acquired;
4. To waive any obligation gratuitously;
5. To loan or borrow money, unless the latter act be urgent and
indispensable for the preservation of the things which are under
administration
6. To lease any real property to another person for more than one year
7. To bind the principal to render some services without compensation
8. To bind the principal in the contract of partnership
9. To obligate the principal as a guarantor or surety SECTION 5. DISSOLUTION OF ABSOLUTE COMMUNITY
10. To create or convey real rights over immovable property REGIME
11. To accept or repudiate an inheritance
SECTION 99. The absolute community terminates:
ACTS OF ADMINISTRATION AND ENJOYMENTS. Involve acts which
have transitory effects on the community property and do not bind the (1) Upon the death of either spouse;
ownership of the property for an extended period of time; (Opposite to strict
acts of ownership) (2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; or

Although administration and enjoyment of the community property
belong to both spouses jointly, the law does not require that the husband
(4) In case of judicial separation of property during the
and wife always act together. marriage under Article 134 to 138. (175a)

In case of disagreement, with respect to the administration and enjoyment of The right of the husband or wife to one-half of the property of the absolute
the community property, decision of husband prevails. community does not vest until the dissolution of the marriage, when the
 The wife may question in court the decision of the husband within absolute community is dissolved.
five years, not from the time the decision is made but from the date
of the contract implementing such decision ARTICLE 100. The separation in fact between husband and wife shall
not affect the regime of absolute community except that:
When one spouse is incapacitated or otherwise unable to participate in the
administration of common properties, the other spouse may assume sole (1) The spouse who leaves the conjugal home or refuses to live
powers of administration. therein, without just cause, shall not have the right to be
supported;
Incapacity connotes that affected spouse is incompetent to give his consent.
(2) When the consent of one spouse to any transaction of the
DISPOSITION is a sale or any form of alienation whereby ownership of other is required by law, judicial authorization shall be
property is transferred from one person to another, while an obtained in a summary proceeding;
ENCUMBERANCE is a lien or charge on a property creating a right in favor
(3) In the absence of sufficient community property, the
of a third person
separate property of both spouses shall be solidarily liable
for the support of the family. The spouse present shall, upon
Alienation of community property must have the written consent of the other proper petition in a summary proceeding, be given judicial
spouse or be with the authority of the court. authority to administer or encumber any specific separate
property of the other spouse and use the fruits or proceeds
The authority of the court to approve disposition or encumbrance of thereof to satisfy the latter's share. (178a)
absolute community/ conjugal partnership is applicable when
1. one spouse is absent
2. separated in fact SEPARATION IN FACT exists when there is actual physical separation
3. has abandoned the other between the spouses where either or both, with or without cause, refuse to
4. consent is withheld or cannot be obtained comply with his or her conjugal obligations without judicial sanction.

Without the consent of both spouses and court authority, disposition or Properties (and even liabilities) acquired during a state of separation of fact by
encumbrance is void either spouse, whether offended or offender, belong to the absolute
community/ conjugal partnership.
ARTICLE 97. Either spouse may dispose by will of his or her interest
in the community property. (n) Effect on Support. Spouse who leaves the conjugal home loses the right to be
supported. The spouse who stays on the conjugal home retains his or her right
to be supported by the spouse who leaves the conjugal home.
Limited only to the interest of the spouse and subject to the formal requisites of
a will. Does not take effect during the lifetime of the disposing spouse but only On Property Transactions. Consent of the absent spouse may no longer be
upon his death. needed by the present spouse. A judicial authorization may be obtained.

ARTICLE. 98. Neither spouse may donate any community property On separate properties. The present spouse may also obtain judicial
without the consent of the other. However, either spouse may, without authorization to encumber, but not dispose, separate properties of the absent
the consent of the other, make moderate donations from the spouse in case of insufficiency of the community property to pay for the
community property for charity or on occasions of family rejoicing or support of the family.
family distress. (n)
Third persons suing the insufficient absolute community may attach the
Since both spouses are joint owners, community property can only be donated separate properties to satisfy the obligation.
with the consent of both of them.
 EXCEPTION: A donation of a community property by one *Distinguish from Art 142 which transfers administration of all classes of
spouse without the consent of the other is valid if the value is exclusive property not just specific properties to the other spouse under
moderate and if made for charity or on occasion of family certain conditions, and for general purposes not just expenses for support.
rejoicing or family distress.
ARTICLE 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 balance with their separate properties in accordance with
impose. the provisions of the second paragraph of Article 94.

The obligations to the family mentioned in the preceding paragraph (3) Whatever remains of the exclusive properties of the spouses
refer to marital, parental or property relations. shall thereafter be delivered to each of them.

A spouse is deemed to have abandoned the other when her or she has (4) The net remainder of the properties of the absolute
left the conjugal dwelling without intention of returning. The spouse community shall constitute its net assets, which shall be
who has left the conjugal dwelling for a period of three months or has divided equally between husband and wife, unless a
failed within the same period to give any information as to his or her different proportion or division was agreed upon in the
whereabouts shall be prima facie presumed to have no intention of marriage settlements, or unless there has been a voluntary
returning to the conjugal dwelling. (178a) 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
Causes: be the increase in value between the market value of the
1. The other spouse without just cause abandons, or community property at the time of the celebration of the
2. Fails to comply his or her other obligations to the family marriage and the market value at the time of its dissolution.

(5) The presumptive legitimes of the common children shall be

Petition of aggrieved spouse, the court may:
delivered upon partition, in accordance with Article 51.
1. Appoint a receiver over the community property;
2. Decree the separation of property; and (6) Unless otherwise agreed upon by the parties, in the partition
3. Authorize the aggrieved spouse to be the sole administrator of the of the properties, the conjugal dwelling and the lot on which
absolute community. it is situated shall be adjudicated to the spouse with whom
the majority of the common children choose to remain.
RECEIVER is an indifferent person appointed by the court and on behalf of Children below the age of seven years are deemed to have
all the parties, to receive and hold property in litigation, to receive rents and chosen the mother, unless the court has decided otherwise.
other income, to hold possession and control of the property and to dispose of In case there in no such majority, the court shall decide,
the same or deliver it to such person as may be directed by the court. taking into consideration the best interests of said children.
(n)
ABANDONMENT implies a departure by one spouse with the avowed intent
never to return, followed by prolonged absence without just cause, and without
in the meantime providing in the least for one’s family although able to do so. Procedure of Dissolution of Absolute Community
1. Inventory of all properties of the marriage
Spouse is prima facie presumed to have abandoned when 2. Payments of debts and obligations of the absolute community
1. (whereabouts are known) Has left the conjugal dwelling for a 3. Delivery of remaining exclusive properties of each spouse
period of three months, or 4. Division of net assets of absolute community
2. (whereabouts are unknown) Has failed to give information as to his 5. Delivery of presumptive legitimes of common children
or her whereabouts for a period of three months 6. Adjudication of the conjugal dwelling

Failure to comply with the marital and parental obligations may exist even NET ASSEST are the net remainder of the properties of the absolute
when there is no physical abandonment. community.
e.g. when a parent refuses to give support to the family even if he insists on
staying at the family home NET PROFITS subject to forfeiture shall be the increase in value between the
market value of the community at the time of the celebration of the marriage
and the market value at the time of its dissolution.

ARTICLE 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 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)

SECTION 6. LIQUIDATION OF THE ABSOLUTE COMMUNITY When as spouse dies

ASSETS AND LIABILITIES 1. Liquidation of absolute community in the same proceeding as the
settlement of the estate of the deceased spouse
SECTION 102. Upon dissolution of the absolute community regime, 2. When there is no settlement, surviving spouse must liquidate the
the following procedure shall apply: absolute community within one year from death of spouse

(1) An inventory shall be prepared, listing separately all the Effect of no liquidation
properties of the absolute community and the exclusive 1. Any disposition of the community property of the terminated
properties of each spouse. marriage shall be void
2. Should the surviving spouse marry again, a mandatory regime of
(2) The debts and obligations of the absolute community shall complete separation of property shall govern the property relations
be paid out of its assets. In case of insufficiency of said of the subsequent marriage
assets, the spouses shall be solidarily liable for the unpaid
ARTICLE 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)
CHAPTER 4 (2) That which each acquires during the marriage by gratuitous
CONJUGAL PARTNERSHIP OF GAINS title;
Article 105-133
(3) That which is acquired by right of redemption, by barter or
SECTION 1. GENERAL PROVISIONS by exchange with property belonging to only one of the
spouses; and
ARTICLE 105. In case the future spouses agree in the marriage
settlements that the regime of conjugal partnership gains shall govern (4) That which is purchased with exclusive money of the wife or
their property relations during marriage, the provisions in this of the husband. (148a)
Chapter shall be of supplementary application.
HUSBAND’ S CAPITAL. Exclusive property of the husband.
The provisions of this Chapter shall also apply to conjugal
partnerships of gains already established between spouses before the PARAPHERAL PROPERTY. Separate property of wife.
effectivity of this Code, without prejudice to vested rights already
acquired in accordance with the Civil Code or other laws, as provided RIGHT OF REDEMPTION. The right of the mortgagor to repurchase the
in Article 256. (n) property after its sale or foreclosure.

CONTRACT OF BARTER/ EXHANGE. One of the parties binds himself to

Two Kinds of Marriages governed by CPG give one thing in consideration of the other’s promise to give another thing.
1. Those celebrated after the effectivity of the FC where parties agree
in their marriage settlement that CPG shall govern their property In CPG, the transformation of property from one form to another does not
relations; and change the status of the property.
2. Those celebrated before the effectivity of FC which are governed
by the regime of CPG ARTICLE 110. The spouses retain the ownership, possession,
administration and enjoyment of their exclusive properties.
Provisions will only apply when there is deficiency in the marriage settlement.
Either spouse may, during the marriage, transfer the administration of
ARTICLE 106. Under the regime of conjugal partnership of gains, the his or her exclusive property to the other by means of a public
husband and wife place in a common fund the proceeds, products, instrument, which shall be recorded in the registry of property of the
fruits and income from their separate properties and those acquired by place the property is located. (137a, 168a, 169a)
either or both spouses through their efforts or by chance, and, upon
dissolution of the marriage or of the partnership, the net gains or OWNERSHIP is the independent, exclusive and general right of a person to
benefits obtained by either or both spouses shall be divided equally control a thing particularly in his possession, enjoyment, disposition and
between them, unless otherwise agreed in the marriage settlements. recovery, subject to no restrictions except those imposed by the state and
(142a) private person, without prejudice to the provisions of the law.

Spouses have management of their respective separate properties, while the

CONJUGAL PARNTERSHIP OF GAINS refer to proceeds, products, fruits fruits thereof remain unliquidated, they continue to be under their separate
and income which are additives to as distinguished from the separate properties management. They become conjugal properties only after the necessary and
themselves; complete separation of capitals indispensable expenses for their administration and preservation have been
defrayed.
ARTICLE 107. The rules provided in Articles 88 and 89 shall also
apply to conjugal partnership of gains. (n) ARTICLE 111. A spouse of age may mortgage, encumber, alienate or
otherwise dispose of his or her exclusive property, without the consent
ARTICLE 108. The conjugal partnership shall be governed by the of the other spouse, and appear alone in court to litigate with regard to
rules on the contract of partnership in all that is not in conflict with the same. (n)
what is expressly determined in this Chapter or by the spouses in their
marriage settlements. (147a) ARTICLE 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
A partner is a co-owner with other partners of specific partnership property and over to the owner-spouse. (n)
has an equal right with his partners to possess it for partnership purposes.

Since only one of the spouses is the owner thereof, he or she alone may
exercise these rights without the interference from the other spouse who has no
interest therein.

The prerogative to administer the sold property belongs to the new owner.

ARTICLE 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)

ARTICLE. 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)
SECTION 2. EXCLUSIVE PROPERTY OF EACH SPOUSE
Properties acquired, either by donation or by will, shall be divided and treated
ARTICLE 109. The following shall be the exclusive property of each as separate properties.
spouse:
a. With designation (how much to whom), follow designation.
(1) That which is brought to the marriage as his or her own; b. Without designation, 50-50 sharing
RIGHT OF ACCRETION is one by virtue of which the share of one in the
donation is added to the other when the former does not or cannot receive his (3) The fruits, natural, industrial, or civil, due or received
or her share. during the marriage from the common property, as well as
the net fruits from the exclusive property of each spouse;
Right of accretion applies, unless contrary is provided by donor.
(4) The share of either spouse in the hidden treasure which the
If donation is onerous (to one spouse only), property becomes exclusive law awards to the finder or owner of the property where the
treasure is found;
property of the done-spouse.
(5) Those acquired through occupation such as fishing or
ARTICLE 115. Retirement benefits, pensions, annuities, gratuities, hunting;
usufructs and similar benefits shall be governed by the rules on
gratuitous or onerous acquisitions as may be proper in each case. (n) (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
1. Acquisition is gratuitous, benefits are exclusive property
2. Acquisition is onerous and in consideration of exclusive property, (7) Those which are acquired by chance, such as winnings from
benefits are exclusive property gambling or betting. However, losses therefrom shall be
3. Acquisition is onerous and in consideration of conjugal partnership, borne exclusively by the loser-spouse. (153a, 154a, 155, 159)
benefits form part of CPG
4. Does not apply to life insurance proceeds since death terminates
CPG Two classes of Conjugal Partnership Properties
1. Those proceeds, products, fruits and income from their separate
properties, and
2. Those acquired by either or both spouses through their efforts or by
chance

ARTICLE 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)

On properties bought on installment commenced before the marriage and

fully paid during the marriage
1. If contract vested ownership prior to the marriage, exclusive
property of the buyer spouse
2. If contract vested ownership after full payment, property forms part
of CPG

Above rules apply even if conjugal funds were used to pay. Relative amounts
of contribution is immaterial.

Whether the property belongs solely to the buyer-spouse as his or her exclusive
property or that of the conjugal partnership, any amount advanced by the
partnership or by either or both the spouses shall be reimbursed by the owner
or owners upon liquidation of the partnership.

ARTICLE 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,
SECTION 3. CONJUGAL PARTNERSHIP PROPERTY interests falling due during the marriage on the principal shall belong
to the conjugal partnership. (156a, 157a)
ARTICLE 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 Before Marriage Lent 500,000 Interest 50,000
contrary is proved. (160a) Before Marriage Collected 200,000 Interest 20,000
(exclusive) (exclusive)
During Marriage Collected 300,000 Interest 30,000
It must be shown that the property is acquired between the celebration of the (exclusive) (conjugal)
marriage and its dissolution in order for the presumption to arise. The
presumption remains even if the property is registered in the name of either ARTICLE 120. The ownership of improvements, whether for utility or
one or both of the spouses. adornment, made on the separate property of the spouses at the
expense of the partnership or through the acts or efforts of either or
*Review Art 93 both spouses shall pertain to the conjugal partnership, or to the
original owner-spouse, subject to the following rules:
ARTICLE 117. The following are conjugal partnership properties:
When the cost of the improvement made by the conjugal partnership
(1) Those acquired by onerous title during the marriage at the and any resulting increase in value are more than the value of the
expense of the common fund, whether the acquisition be for property at the time of the improvement, the entire property of one of
the partnership, or for only one of the spouses; the spouses shall belong to the conjugal partnership, subject to
reimbursement of the value of the property of the owner-spouse at the
(2) Those obtained from the labor, industry, work or profession time of the improvement; otherwise, said property shall be retained in
of either or both of the spouses; ownership by the owner-spouse, likewise subject to reimbursement of
the cost of the improvement. with their separate properties. (161a)

In either case, the ownership of the entire property shall be vested

upon the reimbursement, which shall be made at the time of the *review Article 94
liquidation of the conjugal partnership. (158a)
ARTICLE 122. The payment of personal debts contracted by the
Provision considers INCREASE IN VALUE. husband or the wife before or during the marriage shall not be charged
Increase in Value = Market Price – (Cost of property + Cost of to the conjugal properties partnership except insofar as they
Improvements) redounded to the benefit of the family.

If (Increase in Value + Cost of Improvement) > Cost of Property Neither shall the fines and pecuniary indemnities imposed upon them
Then, conjugal partnership be charged to the partnership.

If (Increase in Value + Cost of Improvement) < Cost of Property However, the payment of personal debts contracted by either spouse
Then, exclusive property 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
Improvements made on conjugal property at the expense of exclusive
enumerated in the preceding Article have been covered, if the spouse
properties, Article does not apply. 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)

Expenses not benefitting the family are:

1. Personal debts contracted before the marriage
2. Fines and indemnities
3. Support to illegitimate children

The responsibilities enumerated in Article 121 must be complied first before

expenses not benefitting the family may be enforced against the partnership
assets, the payments being advance payment to the debtor-spouse.

The partnership has no duty to make advance payments for the damages
adjudged against debtor-spouse in a crime. (Damages did not redound down to
the benefit of the partnership.0

ARTICLE 123. Whatever may be lost during the marriage in any

SECTION 4. CHARGES UPON AND OBLIGATIONS OF THE game of chance or in betting, sweepstakes, or any other kind of
CONJUGAL PARTNERSHIP gambling whether permitted or prohibited by law, shall be borne by
the loser and shall not be charged to the conjugal partnership but any
ARTICLE 121. The conjugal partnership shall be liable for: winnings therefrom shall form part of the conjugal partnership
property. (164a)
(1) The support of the spouse, their common children, and the
legitimate children of either spouse; however, the support of *Review Article 95
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) Antenuptial 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
SECTION 6. DISSOLUTION OF CONJUGAL PARTNERSHIP
REGIME

ARTICLE 126. The conjugal partnership terminates:

(1) Upon the death of either spouse;

SECTION 5. ADMINISTRATION OF THE CONJUGAL (2) When there is a decree of legal separation;
PARTNERSHIP OF PROPERTY (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)
ARTICLE 124. The administration and enjoyment of the conjugal
partnership shall belong to both spouses jointly. In case of
ARTICLE 127. The separation in fact between husband and wife shall
disagreement, the husband's decision shall prevail, subject to recourse
not affect the regime of conjugal partnership, except that:
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
(1) The spouse who leaves the conjugal home or refuses to live
decision.
therein, without just cause, shall not have the right to be
supported;
In the event that one spouse is incapacitated or otherwise unable to
participate in the administration of the conjugal properties, the other
(2) When the consent of one spouse to any transaction of the
spouse may assume sole powers of administration. These powers do not
other is required by law, judicial authorization shall be
include disposition or encumbrance without authority of the court or
obtained in a summary proceeding;
the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void.
(3) In the absence of sufficient conjugal partnership property,
However, the transaction shall be construed as a continuing offer on
the separate property of both spouses shall be solidarily
the part of the consenting spouse and the third person, and may be
liable for the support of the family. The spouse present shall,
perfected as a binding contract upon the acceptance by the other
upon petition in a summary proceeding, be given judicial
spouse or authorization by the court before the offer is withdrawn by
authority to administer or encumber any specific separate
either or both offerors. (165a)
property of the other spouse and use the fruits or proceeds
thereof to satisfy the latter's share. (178a)
ARTICLE 125. Neither spouse may donate any conjugal partnership
property without the consent of the other. However, either spouse may,
ARTICLE 128. If a spouse without just cause abandons the other or
without the consent of the other, make moderate donations from the
fails to comply with his or her obligation to the family, the aggrieved
conjugal partnership property for charity or on occasions of family
spouse may petition the court for receivership, for judicial separation
rejoicing or family distress. (174a)
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.
*Review Articles 96, 98
** Despite omission, the right of either spouse to dispose by will his or her The obligations to the family mentioned in the preceding paragraph
interest in the community property is applicable in CPG. 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)

*Review Articles 99, 100, 101

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)
SECTION 7. LIQUIDATION OF THE CONJUGAL PARTNERSHIP ARTICLE 131. Whenever the liquidation of the conjugal partnership
ASSETS AND LIABILITIES properties of two or more marriages contracted by the same person
before the effectivity of this Code is carried out simultaneously, the
ARTICLE 129. Upon the dissolution of the conjugal partnership respective capital, fruits and income of each partnership shall be
regime, the following procedure shall apply: determined upon such proof as may be considered according to the
rules of evidence. In case of doubt as to which partnership the existing
(1) An inventory shall be prepared, listing separately all the properties belong, the same shall be divided between the different
properties of the conjugal partnership and the exclusive partnerships in proportion to the capital and duration of each. (189a)
properties of each spouse.
*Review Article 103, 104
(2) Amounts advanced by the conjugal partnership in payment
of personal debts and obligations of either spouse shall be ARTICLE 132. The Rules of Court on the administration of estates of
credited to the conjugal partnership as an asset thereof. deceased persons shall be observed in the appraisal and sale of
property of the conjugal partnership, and other matters which are not
(3) Each spouse shall be reimbursed for the use of his or her expressly determined in this Chapter. (187a)
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.
ROC are made to apply suppletorily.
(4) The debts and obligations of the conjugal partnership shall ARTICLE 133. From the common mass of property support shall be
be paid out of the conjugal assets. In case of insufficiency of given to the surviving spouse and to the children during the liquidation
said assets, the spouses shall be solidarily liable for the of the inventoried property and until what belongs to them is
unpaid balance with their separate properties, in accordance delivered; but from this shall be deducted that amount received for
with the provisions of paragraph (2) of Article 121. support which exceeds the fruits or rents pertaining to them. (188a)

(5) Whatever remains of the exclusive properties of the spouses Children, regardless of their age, civil status, or gainful employment, are
shall thereafter be delivered to each of them. entitled to provisional support from the funds of the estate. Does not extend to
grandchildren. Provision limited it to widow and children.
(6) Unless the owner had been indemnified from whatever
source, the loss or deterioration of movables used for the Support (in Art 133) is not the same nature as support pendent lite, but is an
benefit of the family, belonging to either spouse, even due to advance distribution of the shares of the surviving spouse and the children
fortuitous event, shall be paid to said spouse from the from the estate of the deceased.
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)

Interest of each spouse in the conjugal assets is inchoate until liquidated.

Interest is limited to the remainder or remanente liquid (haber ganancial)

resulting from the liquidation.

The share of the guilty spouse in the net remainder of the conjugal
partnership or “profits” is subject to forfeiture.

ARTICLE 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
CHAPTER 5 this Code.
SEPARATION OF PROPERTY OF THE SPOUSES AND
ADMINISTRATION OF COMMON PROPERTY BY ONE SPOUSE During the pendency of the proceedings for separation of property, the
DURING THE MARRIAGE absolute community or the conjugal partnership shall pay for the
Article 134-142 support of the spouses and their children. (192a)

(This chapter refers to Separation of Property as decreed by a judicial Upon the decree of separation of property, the community or the conjugal
process, not the regime of properties) partnership shall be liquidated.

ARTICLE 134. In the absence of an express declaration in the Before the decree of dissolution is issued, the absolute community or conjugal
marriage settlements, the separation of property between spouses partnership continues to be liable for the support of the spouses and their
during the marriage shall not take place except by judicial order. Such children (including legitimate children with another spouse).
judicial separation of property may either be voluntary or for
sufficient cause. (190a) ARTICLE 138. After dissolution of the absolute community or of the
conjugal partnership, the provisions on complete separation of
Takes place property shall apply. (191a)
1. If expressly declared in the marriage settlement
2. By judicial order
(decreed for sufficient cause or mutual agreement of the spouses; After a decree of dissolution, property relations will be governed by complete
without judicial approval, it is void) separation of property.

ARTICLE 135. Any of the following shall be considered sufficient Support to family shall be borne by both spouses proportionately.
cause for judicial separation of property:
Spouses remain bound to support each another (contrary to legal separation).
(1) That the spouse of the petitioner has been sentenced to a
penalty which carries with it civil interdiction; ARTICLE 139. The petition for separation of property and the final
judgment granting the same shall be recorded in the proper local civil
(2) That the spouse of the petitioner has been judicially declared registries and registries of property. (193a)
an absentee;

(3) That loss of parental authority of the spouse of petitioner has

Both the 1) petition and the 2) final judgment granting the decree of separation
been decreed by the court;
of properties are required to be recorded in the proper registries in order to
(4) That the spouse of the petitioner has abandoned the latter or bind third parties.
failed to comply with his or her obligations to the family as
provided for in Article 101; When there is no proper recording, the decree binds only the spouses. As to the
third persons, the spouses are still governed by the absolute community or
(5) That the spouse granted the power of administration in the conjugal partnership and may be held liable as such.
marriage settlements has abused that power; and
ARTICLE 140. The separation of property shall not prejudice the
(6) That at the time of the petition, the spouses have been rights previously acquired by creditors. (194a)
separated in fact for at least one year and reconciliation is
highly improbable.
Creditors have acquired a vested right to the common properties of the spouses
In the cases provided for in Numbers (1), (2) and (3), the presentation for the satisfaction of debts when they extended credit. This right must not be
of the final judgment against the guilty or absent spouse shall be
prejudiced.
enough basis for the grant of the decree of judicial separation of
property. (191a)
ARTICLE 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
Sufficient Cause for judicial separation of property
separation of property in any of the following instances:
1. Civil interdiction
2. Absentee (1) When the civil interdiction terminates;
3. Loss of parental authority (declared by court)
4. Abandoned and failed to comply obligations (2) When the absentee spouse reappears;
5. Abused the power of administration
6. Separated in fact (3) When the court, being satisfied that the spouse granted the
power of administration in the marriage settlements will not
ARTICLE 136. The spouses may jointly file a verified petition with the again abuse that power, authorizes the resumption of said
court for the voluntary dissolution of the absolute community or the administration;
conjugal partnership of gains, and for the separation of their common
properties. (4) When the spouse who has left the conjugal home without a
decree of legal separation resumes common life with the
All creditors of the absolute community or of the conjugal partnership other;
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 (5) When parental authority is judicially restored to the spouse
measures to protect the creditors and other persons with pecuniary previously deprived thereof;
interest. (191a)
(6) When the spouses who have separated in fact for at least one
year, reconcile and resume common life; or
The voluntary dissolution of common properties must still be based on
sufficient cause and cannot be granted on the basis merely of an agreement (7) When after voluntary dissolution of the absolute community
between parties. of property or conjugal partnership has been judicially
decreed upon the joint petition of the spouses, they agree to
the revival of the former property regime. No voluntary
ARTICLE 137. 137. Once the separation of property has separation of property may thereafter be granted.
been decreed, the absolute community or the conjugal
partnership of gains shall be liquidated in conformity with
The revival of the former property regime shall be governed by Article
67. (195a)

When the cause that gives rise to the separation of property no longer exists,
the spouses jointly may ask the court to restore their original property regime.

The spouses are not allowed to adopt a matrimonial regime different from
that of the dissolved one.

Voluntary dissolution of property regime may only be done once. After revival
of their former property regime, they can no longer seek its dissolution on
voluntary ground, however, dissolution may be sought if sufficient cause
exists.

ARTICLE 142. The administration of all classes of exclusive property

of either spouse may be transferred by the court to the other spouse:

(1) When one spouse becomes the guardian of the other;

(2) When one spouse is judicially declared an absentee;

(3) When one spouse is sentenced to a penalty which carries

with it civil interdiction; or

(4) When one spouse becomes a fugitive from justice or is in

hiding as an accused in a criminal case.

If the other spouse is not qualified by reason of incompetence, conflict

of interest, or any other just cause, the court shall appoint a suitable
person to be the administrator. (n)

Applies when a spouse owns properties separately from other spouse.

1. Exclusions in the ACP
2. Exclusive properties in CPG
3. Properties in total or partial separation of property

Only when the other spouse is not qualified to be the administrator shall the
court appoint another person.
CHAPTER 6
REGIME OF SEPARATION OF PROPERTY
Article 143-146

ARTICLE 143. Should the future spouses agree in the marriage

settlements that their property relations during marriage shall be
governed by the regime of separation of property, the provisions of this
Chapter shall be suppletory. (212a)

Marriage settlement will primarily govern property relations. In case of

deficiency, the provisions of the chapter applies.

ARTICLE 144. Separation of property may refer to present or future

property or both. It may be total or partial. In the latter case, the
property not agreed upon as separate shall pertain to the absolute
community. (213a)

In case of partial separation, properties not agreed upon to be separate forms

part of the absolute community.

ARTICLE 145. Each spouse shall own, dispose of, possess, administer
and enjoy his or her own separate estate, without need of the consent of
the other. To each spouse shall belong all earnings from his or her
profession, business or industry and all fruits, natural, industrial or
civil, due or received during the marriage from his or her separate
property. (214a)

To each spouse belongs what he or she brings into the marriage including the
fruits and proceeds of their separate property and also that which either
acquires during the marriage whether at his or her expense or through his or
her own efforts.

ARTICLE 146. Both spouses shall bear the family expenses in

proportion to their income, or, in case of insufficiency or default
thereof, to the current market value of their separate properties.

The liabilities of the spouses to creditors for family expenses shall,

however, be solidary. (215a)

Separate properties of the spouses are directly liable for family expenses.
Family expenses are solidary
. Dissolution shall be made in accordance with NCC provision on co-
CHAPTER 6 ownership.
PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE
Article 147-148 ARTICLE 148. In cases of cohabitation not falling under the preceding
Article, only the properties acquired by both of the parties through
ARTICLE 147. When a man and a woman who are capacitated to their actual joint contribution of money, property, or industry shall be
marry each other, live exclusively with each other as husband and wife owned by them in common in proportion to their respective
without the benefit of marriage or under a void marriage, their wages contributions. In the absence of proof to the contrary, their
and salaries shall be owned by them in equal shares and the property contributions and corresponding shares are presumed to be equal. The
acquired by both of them through their work or industry shall be same rule and presumption shall apply to joint deposits of money and
governed by the rules on co-ownership. evidences of credit.

In the absence of proof to the contrary, properties acquired while they If one of the parties is validly married to another, his or her share in
lived together shall be presumed to have been obtained by their joint the co-ownership shall accrue to the absolute community or conjugal
efforts, work or industry, and shall be owned by them in equal shares. partnership existing in such valid marriage. If the party who acted in
For purposes of this Article, a party who did not participate in the bad faith is not validly married to another, his or her shall be forfeited
acquisition by the other party of any property shall be deemed to have in the manner provided in the last paragraph of the preceding Article.
contributed jointly in the acquisition thereof if the former's efforts
consisted in the care and maintenance of the family and of the The foregoing rules on forfeiture shall likewise apply even if both
household. parties are in both faith. (144a)

Neither party can encumber or dispose by acts inter vivos of his or her
share in the property acquired during cohabitation and owned in Unions covered
common, without the consent of the other, until after the termination 1. Bigamous marriage, adulterous relationships, relationships in a
of their cohabitation. state of a concubine, relationships where both man and woman are
married to other persons, multiple alliances of the same married
When only one of the parties to a void marriage is in good faith, the man
share of the party in bad faith in the co-ownership shall be forfeited in
2. Void marriages that suffers any impediment under articles 37 and
favor of their common children. In case of default of or waiver by any
38
or all of the common children or their descendants, each vacant share
shall belong to the respective surviving descendants. In the absence of
descendants, such share shall belong to the innocent party. In all cases, The parties will be deemed co-owners of the property acquired during the
the forfeiture shall take place upon termination of the cohabitation. union only upon proof that each made actual contribution to its acquisition.
(144a)
Properties Covered
Only properties acquired by the parties through their actual joint contribution
Unions covered of money property or industry are owned by them in common and governed by
1. Between a man and a woman who are capacitated to marry each the regime of limited co-ownership.
other
2. live exclusively with each other as husband and wife Contributions in form of care of home, children and household are excluded.
3. union is a) without benefit of marriage or b) marriage is void
Wages and salaries eared by each party under this regime belong to him
Co-ownership under Art 147. The sharing or interest is equal even if the or her exclusively.
actual contribution is not.
Where there is proof that each party made a contribution to the
Properties Covered: acquisition of the property, the parties to the union will be deemed co-
1. Wages and salaries of the parties. owners to the extent of their contributions.
Owned in equal shares.
Forfeiture applies only when the party in bad faith is not validly married
2. Property acquired through work or industry. to another. Does not apply to a party in bad faith with subsisting marriage so
In the absence of proof to the contrary, properties acquired while as not to prejudice the matrimonial property regime.
they lived together shall be presumed to have been obtained by their
joint efforts, work or industry, and shall be owned by them in equal
shares.
TITLE V: THE FAMILY
Excluded:
1. Properties acquired prior to the marriage CHAPTER 1. THE FAMILY AS AN INSTITUTION
2. Property acquired gratuitously during the union Article 149-151
3. Proceeds, products, fruits or income of separate properties
4. Property purchased with exclusive money, those acquired by right CHAPTER 2. THE FAMILY HOME
Article 152-162
of redemption or by exchange with property belonging only to one
spouse
CHAPTER 1
WAGES are remuneration or earnings however designated capable of being
THE FAMILY AS AN INSTITUTION
expressed in erms of money, whether fixed or ascertained on a time, task, piece Article 149-151
or commission basis, or other method of calculating the same which is payable
by an employer to an employee under a written or unwritten contract of
ARTICLE 149. The family, being the foundation of the nation, is a
employment for work or to be done or for services rendered or to be rendered basic social institution which public policy cherishes and protects.
Consequently, family relations are governed by law and no custom,
A party is not allowed to encumber or dispose by acts inter vivos his or practice or agreement destructive of the family shall be recognized or
her share in the common property without the consent of the other. given effect. (216a, 218a)

Rules of forfeiture does not apply in cohabitation without benefit of

marriage, but may apply in cases of void marriage. FAMILY is the natural and social institution which, founded on the conjugal
union, binds together the individuals who compose it for the common
accomplishment of the material and spiritual ends of life under the authority of 1) the community or conjugal properties or
the original ascendant who heads it 2) the exclusive property of either spouse with the latter’s consent
3) property of the unmarried head of family
Laws relating to family rights and duties or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines even though A condominium unit may be considered a family home.
living abroad.
Family home is constituted when the family actually resides in the house
ARTICLE 150. Family relations include those: and lot. Occupancy of the family home must be actual. Actual occupancy need
not be by the owner of the house but maybe by any of the beneficiaries
(1) Between husband and wife; enumerated in Art 154.
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or Interested parties may establish family home judicially. Family courts have
halfblood. (217a) been given the exclusive original jurisdiction.

Period of existence
Family, in Article 50, excludes The family home exists from its constitution until so long as any of its
1. Collateral relatives other than brothers and sisters beneficiaries actually resides therein. The family home shall continue despite
2. Nephews and nieces the death of either or both spouses or the unmarried head of family for 1) a
3. Brothers-in-law and sisters-in-law period of 10 years or 2) for as long as there is a minor beneficiary.
Article does not distinguish whether the relationship is legitimate or not. The benefits of family home extends to cohabiting spouses without the
benefit of marriage (Art 147 & 148).
ARTICLE 151. No suit between members of the same family shall
prosper unless it should appear from the verified complaint or petition
ARTICLE 154. The beneficiaries of a family home are:
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,
(1) The husband and wife, or an unmarried person who is the
the same case must be dismissed.
head of a family; and
This rules shall not apply to cases which may not be the subject of
(2) Their parents, ascendants, descendants, brothers and
compromise under the Civil Code. (222a)
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)
“Same family” is read in the context of Article 150.

Applies only when the suit filed is exclusively between or among family Includes in-laws; excludes maids and overseers.
members. May only be invoked by a party that is a member of the same family.
Rule does not apply in the following questions: Requisites of being beneficiaries
1. Civil status of persons 1. Relationship must be among those enumerated in Art 154
2. Validity of marriage or a legal separation 2. Beneficiary actually lives in the family home
3. Any ground for legal separation 3. Beneficiary is dependent for legal support upon the head of the
4. Future support family
5. Jurisdiction of courts
6. Future legitime ARTICLE 155. The family home shall be exempt from execution,
forced sale or attachment except:
SUIT refers to an action by one person or persons against another or others
filed in court of justice for the enforcement of a right or the prevention or (1) For nonpayment of taxes;
redress of a wrong
(2) For debts incurred prior to the constitution of the family
CHAPTER 2 home;
THE FAMILY HOME
Article 152-162 (3) For debts secured by mortgages on the premises before or
after such constitution; and
ARTICLE 152. The family home, constituted jointly by the husband
and the wife or by an unmarried head of a family, is the dwelling house (4) For debts due to laborers, mechanics, architects, builders,
where they and their family reside, and the land on which it is situated. materialmen and others who have rendered service or
(223a) furnished material for the construction of the building.
(243a)

FAMILY HOME is a real right which is a real right which is gratuitous,

inalienable, and free from attachment, constituted over the dwelling place and Exceptions to the exemption of execution of Family Home
the land on which it is situated, which confers upon a particular family the 1. Taxes
right to enjoy such properties which must remain with the person constituting 2. Debts incurred prior to the constitution of the family home.
it and his heirs Debts must be understood in its generic sense, obligations in
general, including money judgment arising from torts and monetary
Who may constitute a family home obligations voluntarily assumed.
1. The husband and wife jointly
2. By an unmarried head of a family “prior to the marriage” is reckoned not with the date the judgment
was promulgated but on the time the cause of liability occurred e.g.
Family home composed of: vehicle accident happened before constitution of family home,
1. The dwelling house where the family resides, and judgment for indemnity was promulgated after the family home was
2. The land on which it is situated. constituted, FH is liable

Both the dwelling house and the lot on which it stands must be owned by the 3. Mortgages on premises. Allowed when spouse voluntarily
spouses or the unmarried head of family constituting the family home because executed a deed of real estate mortgage over the property
family home can only be constituted on
4. Debts incurred for services or material for the construction of The family home shall continue despite the death of one or both spouses or of
the FH the unmarried head of the family
1. for a period of ten years or
2. for as long as there is a minor beneficiary
Exemption must be claimed and proved at the time it was levied or within
a reasonable time. ARTICLE 160. When a creditor whose claims is not among those
mentioned in Article 155 obtains a judgment in his favor, and he has
ARTICLE 156. The family home must be part of the properties of the reasonable grounds to believe that the family home is actually worth
absolute community or the conjugal partnership, or of the exclusive more than the maximum amount fixed in Article 157, he may apply to
properties of either spouse with the latter's consent. It may also be the court which rendered the judgment for an order directing the sale
constituted by an unmarried head of a family on his or her own of the property under execution. The court shall so order if it finds that
property. 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
Nevertheless, property that is the subject of a conditional sale on value exceeds the maximum allowed in Article 157 and results from
installments where ownership is reserved by the vendor only to subsequent voluntary improvements introduced by the person or
guarantee payment of the purchase price may be constituted as a persons constituting the family home, by the owner or owners of the
family home. (227a, 228a) property, or by any of the beneficiaries, the same rule and procedure
shall apply.

Family home can only be constituted on At the execution sale, no bid below the value allowed for a family home
1) the community or conjugal properties or shall be considered. The proceeds shall be applied first to the amount
2) the exclusive property of either spouse with the latter’s consent mentioned in Article 157, and then to the liabilities under the judgment
3) property of the unmarried head of family and the costs. The excess, if any, shall be delivered to the judgment
debtor. (247a, 248a)
House and lot not yet fully owned by qualified persons may already be
converted into family home where ownership is reserved only to guarantee
The family home becomes liable
payment of the purchase price.
1. to an ordinary creditor, only when it is worth more than the
maximum amount fixed in Article 157; no bid below the allowed
ARTICLE 157. The actual value of the family home shall not exceed, at
value of FH
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. After auction, the amount set by Art 157 (amount of FH) shall be
delivered to debtor first, before the creditor may get his share from
In any event, if the value of the currency changes after the adoption of anything that was left
this Code, the value most favorable for the constitution of a family
home shall be the basis of evaluation. 2. to a preferred creditor (who may proceed immediately against FH);
no prohibition against bid below the value allowed for FH
For purposes of this Article, urban areas are deemed to include
chartered cities and municipalities whose annual income at least equals After auction, preferred creditor gets his share first and whatever is
that legally required for chartered cities. All others are deemed to be left is delivered to debtor
rural areas. (231a)
ARTICLE 161. For purposes of availing of the benefits of a family
home as provided for in this Chapter, a person may constitute, or be
Reckoning Period. Actual value has to be determined at the time of its the beneficiary of, only one family home. (n)
constitution.

Limit on the actual value of family home There can only be one family home for everyone.
1. Urban areas: Php 300,000.00
2. Rural areas: Php 200,000.00 ARTICLE 162. The provisions in this Chapter shall also govern
existing family residences insofar as said provisions are applicable. (n)
In case of depreciation/ appreciation: The value most favorable for the
constitution shall be the one protected
Did not provide for retroactive effect
URBAN AREAS (in this section) includes all chartered cities and
municipalities whose annual income at least equals that legally required for Only provided that existing residences at the time of effectivity of FC (03 Aug
chartered cities. All others are deemed RURAL AREAS. 1988) are considered family home by operation of law, and are prospectively
entitled to the benefits accorded
ARTICLE 158. The family home may be sold, alienated, donated,
assigned or encumbered by the owner or owners thereof with the When the obligation was incurred prior to effectivity of FC, the FH is not
written consent of the person constituting the same, the latter's spouse, exempt from attachment to satisfy obligation.
and a majority of the beneficiaries of legal age. In case of conflict, the
court shall decide. (235a)

In case of a family home, the owner cannot act alone. The written consent of
the majority of the beneficiaries of legal age who are not owners is necessary
to validly dispose or encumber a family home.

ARTICLE 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)
TITLE VI: PATERNITY AND FILIATION 2. The sperm utilized is that of the husband or that of a donor or both
3. The husband and the wife authorized or ratified such insemination
CHAPTER 1. LEGITIMATE CHILDREN in a written instrument executed and signed by them before the
Article 162-171 birth of the child
- AIH (Artificial Insemination Husband)
CHAPTER 2. PROOF OF FILIATION - AID (Artificial Insemination Donor)
Article 172-174 4. The instrument is recorded in the civil registry together with the
birth of the child
CHAPTER 3. ILLEGITIMATE CHILDREN
Article 175-176
ARTIFICIAL INSEMINATION is a medical procedure by which the semen
CHAPTER 4. LEGITIMATED CHILDREN is introduced to the vagina by means other than sexual intercourse
Article 177-182
Articifial insemination may be resorted to even if both spouses are normal.

CHAPTER 1 Other Methods of Conception

LEGITIMATE CHILDREN a. Test-tube Babies, legitimate in analogous application of rule on
Article 162-171 artificial insemination
b. Surrogate motherhood is not contemplated by the FC
ARTICLE 163. The filiation of children may be by nature or by c. Cloned babies are outside the realm of legitimacy
adoption. Natural filiation may be legitimate or illegitimate. (n)
ARTICLE 165. Children conceived and born outside a valid marriage
are illegitimate, unless otherwise provided in this Code. (n)
FILIATION is the status of the child with respect to his mother and father.
a. Child can only have one status – legitimate or illegitimate
b. Even if one of the parents is unknown, the child’s filiation is ILLEGITIMATE CHILDREN are generally those conceived and born
defined outside a valid marriage.

Determination of filiation a. Conceived and born outside marriage of parents who are qualified
1. Maybe by nature to marry each other
2. By adoption b. Conceived and born to parents where one or both are married to
another
ARTICLE 164. Children conceived or born during the marriage of the c. Conceived and born of parents disqualified to marry each other
parents are legitimate. ARTICLE 166. Legitimacy of a child may be impugned only on the
following grounds:
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 (1) That it was physically impossible for the husband to have
legitimate children of the husband and his wife, provided, that both of sexual intercourse with his wife within the first 120 days of
them authorized or ratified such insemination in a written instrument the 300 days which immediately preceded the birth of the
executed and signed by them before the birth of the child. The child because of:
instrument shall be recorded in the civil registry together with the
birth certificate of the child. (55a, 258a) (a) the physical incapacity of the husband to have sexual
intercourse with his wife;

LEGITIMATE CHILDREN are those conceived or born during the marriage (b) the fact that the husband and wife were living
of the parents. separately in such a way that sexual intercourse was
not possible; or
Children of the subsequent bigamous marriage conceived prior to its
termination under Art 42 are legitimate. (c) serious illness of the husband, which absolutely
prevented sexual intercourse;
Children conceived or born before the judgement of absolute nullity of a
(2) That it is proved that for biological or other scientific
marriage under Articles 36 and 53 are legitimate. reasons, the child could not have been that of the husband,
except in the instance provided in the second paragraph of
3 Instances of Conception and Birth of Legitimate Child Article 164; or
1. Conceived before the marriage and born during the marriage
2. Conceived and born during the marriage (3) That in case of children conceived through artificial
3. Conceived during the marriage but born after termination of the insemination, the written authorization or ratification of
marriage either parent was obtained through mistake, fraud, violence,
intimidation, or undue influence. (255a)
Timeline of application
1. A child born during the first day of marriage is considered a (4)
legitimate child
2. A child born within 300 days from the termination of marriage is 1. Physical Impossibility to have sexual intercourse
considered a legitimate child - Within the first 120 days of the 300 days immediately
3. A child born after 300 days from the termination of the marriage preceding the birth of the child (period of possible
has no legally defined filiation; he who alleges shall prove the same conception)
a. Physical Incapacity, e.g. impotency
Presumption: Children born during the marriage of parents are legitimate. b. Living separately without sex
- Disputable presumption but grounds and evidence to rebut is c. Serious illness which prevented sex
limited 2. Scientifically or biologically proven that the child is not of the
- Only the husband and the heirs (in a proper case) and only for husband
a limited time from birth of the child - Except in cases of artificial insemination
Child conceived via ARTIFICIAL INSEMINATION is legitimate when 3. Vitiated Consent in Artificial Insemination
1. The child is conceived as a result of the artificial insemination of
the wife Period of possible conception per law: first 120 days of 300 immediately
preceding the birth
Scientifically: 80-100 day span (day 80 to day 100) during the first 120 days ; The child is not without status. He is either legitimate or illegitimate. The
this may defeat the presumption in the article for biological and other scientific provision requires a judicial determination before the child is treated either
reasons way.

IMPOTENCY is the physical inability to have sexual intercourse, Does not When child is born within 300 days following the termination of marriage
include sterility. (f<300), it is necessary to show that the conception occurred during its
subsistence in order for the presumption of legitimacy to apply.
Without proof of access during the first 120 days: Legitimacy of the child
may be impugned; With proof of access: Legitimacy of the child is ARTICLE 170. The action to impugn the legitimacy of the child shall
indisputable. 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
Scientific Tests in the investigation of Paternity of his heirs, should reside in the city or municipality where the birth
1. Group Blood Testing. Conclusive as to non-paternity although took place or was recorded.
inconclusive as to paternity
2. DNA Test. Almost conclusive; may identify the father or disqualify 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
the father of the child
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
ARTICLE 167. The child shall be considered legitimate although the concealed from or was unknown to the husband or his heirs, the period
mother may have declared against its legitimacy or may have been shall be counted from the discovery or knowledge of the birth of the
sentenced as an adulteress. (256a) child or of the fact of registration of said birth, whichever is earlier.
(263a)

The mother is not permitted by law to question the legitimacy of the child to ARTICLE 171. The heirs of the husband may impugn the filiation of
which she admittedly has given birth. the child within the period prescribed in the preceding article only in
the following cases:
ARTICLE 168. If the marriage is terminated and the mother
contracted another marriage within three hundred days after such (1) If the husband should died before the expiration of the
termination of the former marriage, these rules shall govern in the period fixed for bringing his action;
absence of proof to the contrary: (2) If he should die after the filing of the complaint without
having desisted therefrom; or
(1) A child born before one hundred eighty days after the (3) If the child was born after the death of the husband. (262a)
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
Factors to Consider in Impugning Legitimacy
of the former marriage;
1. Nature of Proceeding
(2) A child born after one hundred eighty days following the 2. Proper Party to file action
celebration of the subsequent marriage is considered to have 3. Period for filing of action
been conceived during such marriage, even though it be
born within the three hundred days after the termination of NATURE OF PROCEEDING
the former marriage. (259a) Legitimacy may only be impugned directly, and cannot be attacked
collaterally.
 EXCEPTIONS
Assumption applies when: 1. Child whose legitimacy is impugned presented evidence of
1. A prior marriage is terminated (death of male spouse, annulment or filiation instead of relying with this rule
nullity) 2. It is necessary to pass upon the relations for the resolution of
2. Female spouse contracted a subsequent valid marriage the case
3. With 300 days after termination of former marriage
PROPER PARTY
Assumptions (rebuttable assumptions, in the absence of proof to the contrary) 1. Husband, strictly personal right
1. Child born within 180 days after solemnization of second marriage 2. Heirs, in exceptional cases
but within 300 days from the termination of first marriage; a. Inability to file or continue an action impugning the legitimacy of
conceived during the former marriage the child
(f<300, s<180)
Mother cannot impugn legitimacy of child. Legitimate child cannot impugn his
2. Child born after 180 days after solemnization of the second legitimacy. Putative father cannot claim illegitimate filiation of a child.
marriage, regardless if within the 300 days from the termination of
first marriage, conceived during the second marriage PERIOD OF FILING ACTION
(s>180) Resides in the same city or municipality WITHIN 1 YEAR
where the birth took place or recorded From the knowledge of birth
3. Prior marriage valid, subsequent marriage void: child born within or its recording in the Civil
300 days from the termination of the first marriage is presumed registrar
legitimate child of the valid marriage (prior)
(f<300) Does NOT reside in the same city or WITHIN 2 YEARS
municipality, resides within the From the knowledge of birth
4. Prior marriage void, subsequent marriage valid: child born within Philippines or its recording in the Civil
300 days from the termination of the first marriage is presumed registrar
legitimate child of the valid marriage (subsequent)
Does NOT reside in the same city or WITHIN 3 YEARS
(f<300)
municipality, resides abroad From the knowledge of birth
or its recording in the Civil
ARTICLE 169. The legitimacy or illegitimacy of a child born after registrar
three hundred days following the termination of the marriage shall be
proved by whoever alleges such legitimacy or illegitimacy. (261a) Concealed from and unknown to the Reckon period from the actual
husband knowledge by the husband
of the fact of birth or 2. Any other means allowed by the ROC and special laws
registration, whichever is - Written or verbal incriminating acts by parents
earlier - Scientific evidence

Those in the first group will offer higher degree of proof over those in the
Presumption of legitimacy in Arts 164, 166, 170 & 171 apply only when second group.
husband (or heirs) denies as his own a child of his wife.
No need for acknowledgment since any of the said modes is by itself a
Restriction of Art 170 does not apply in cases of simulation of birth. consummated at.

When the child’s legitimacy is not impugned, he is considered by law a FOUR SIGNIFICANT PROCEDURAL ASPECTS OF A
legitimate child. TRADITIONAL PATERNITY ACTION
1. A prima facie case.
Three instances when someone NOT A BIOLOGICAL CHILD of both - Exists when mother declares that she had sexual intercourse
husband and wife is CONSIDERED LEGITIMATE by operation of law with the putative father
1. In cases of Artificial Insemination through a donor - Corroborative proof is requires
2. Legitimacy of a doubtful child is not impugned
3. Adoption 2. Affirmative defenses
- Two available affirmative defenses:
a. Incapability of sexual relations with mother (physical
absence or impotency)
b. Proof that mother has sexual intercourse with other man
at the time of conception

3. Presumption of legitimacy

4. Physical resemblance between the putative father and child (no

longer suffice), DNA test is preferred

HERRERA v ALBA: DNA ANALYSIS

- DNA analysis that excludes the putative father should be
conclusive proof of non-paternity
CHAPTER 2 - If the value of W (probability of paternity) is less than 99.9%,
PROOF OF FILIATION the results should be considered corroborative
Article 172-174 - If the value of W is 99.9& or higher, then there is refutable
presumption of paternity.
ARTICLE 172. The filiation of legitimate children is established by
any of the following: VALLEJO STANDARDS IN DNA TESTING
1. How the samples were collected
(1) The record of birth appearing in the civil register or a final
2. How they were handled
judgment; or
3. The possibility of contamination of the samples
(2) An admission of legitimate filiation in a public document or
a private handwritten instrument and signed by the parent 4. The procedure followed in analyzing the samples
concerned. 5. Whether the proper standards and procedures were followed in
conducting the tests
In the absence of the foregoing evidence, the legitimate filiation shall be 6. Qualification of the analyst who conducted the tests
proved by:
The constitutional prohibition against illegal seizures and searches applies in
(1) The open and continuous possession of the status of a DNA testing,
legitimate child; or
(2) Any other means allowed by the Rules of Court and special ARTICLE 173. The action to claim legitimacy may be brought by the
laws. (265a, 266a, 267a) 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
*Same evidences shall be used to prove illegitimate filiation institute the action.

First Group The action already commenced by the child shall survive
1. The record of birth appearing in the civil registrar notwithstanding the death of either or both of the parties.
- Must be signed by the father to be a competent evidence
(except in exceptional cases)
2. A final judgment establishing filiation PERIOD WITHIN WHICH TO CLAIM LEGITIMACY
3. An admission of paternity in a public document 1. By the child
4. A private handwritten instrument signed by the parent - During his lifetime
concerned - Even after death of either or both parents
- Need not bear signature if other relevant and competent
evidence accompanied the private handwritten 2. By heirs of the child in exceptional cases
- Admission need not be explicit - Within five (5) years from the death of the child:
a. Dies as a minor
Second Group b. Dies at state of insanity (regardless of age)
1. Open and continuous possession of the status of a legitimate (or
illegitimate) child Heirs of the child refer to
- Bearing the paternal surname, treatment as a legitimate, 1. Intestate heirs who include up to 5th degree of consanguinity
constant attendance to child’s support and education, 2. The State
reputation of being a child of his parents
- “continuous” means not intermittent, uninterrupted ARTICLE 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the mother, in
conformity with the provisions of the Civil Code on
Surnames;

(2) To receive support from their parents, their ascendants, and

in proper cases, their brothers and sisters, in conformity
with the provisions of this Code on Support; and

(3) To be entitled to the legitimate and other successional rights

granted to them by the Civil Code. (264a)
CHAPTER 3
ILLEGITIMATE CHILDREN
SURNAME OF ILLEGITIMATE CHILD. Article 175-176
1. Illegitimate children will use the surname of their mother.
2. They may use their father’s surname if voluntarily recognized by ARTICLE 175. Illegitimate children may establish their illegitimate
the latter. filiation in the same way and on the same evidence as legitimate
children.
3. If not recognized by father, illegitimate child does not have a
middle name. The action must be brought within the same period specified in Article
173, except when the action is based on the second paragraph of
SUPPORT TO LEGITIMATE & ILLEGITIMATE CHILD Article 172, in which case the action may be brought during the
LEGITIMATE ILLEGITIMATE lifetime of the alleged parent. (289a)
(includes legitimate child of only
one spouse)
Illegitimate filiation may be established in the same way as legitimacy.
Conjugal properties, as well as Only the separate property of the
separate properties, are liable putative parent is liable PERIOD TO CLAIM ILLEGITIMACY (depends on proof)
Record of birth appearing in the civil Lifetime of illegitimate child
Loses support from siblings when,
register or a final judgment
being of age, their need for support
is due to his fault or negligence
Admission of illegitimate filiation in a
public document or a private handwritten
(twice the legitime of an One-half of the legitime of a instrument signed by the parent concerned
illegitimate child) legitimate child
No right to inherit intestate from (paragraph 1, Art 172)
legitimate children and relatives of
his father and mother, vice versa Other evidences (paragraph 2, Art 172) Lifetime of putative father

Survival of the action, transmission to the heirs, and restrictions (expressly

provided in claim of legitimacy but omitted here) were applied by the Supreme
Court in claim of illegitimacy.

Actions for claim of illegitimacy pending before the effectivity of the FC shall
continue despite death of putative father.

ARTICLE 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. However, illegitimate children
may use the surname of their father if their filiation has been expressly
recognized by the father through the record of birth appearing in the
civil register, or when an admission in a public document or private
handwritten instrument is made by the father. Provided, the father has
the right to institute an action before the regular courts to prove non-
filiation during his lifetime. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate child

(as amended by RA 9255)

RIGHTS OF AN ILLEGITIMATE CHILD AS AMENDED

1. To bear surname and be under the parental authority of mother,
however, child may use surname of father if recognized by the
latter
2. To support
3. To legitime equal to one-half of a legitimate child
Children of legitimated child shall be treated as children of a legitimate child
CHAPTER 4 even if legitimated child died before the marriage.
LEGITIMATED CHILDREN
Article 177-182 ARTICLE 182. Legitimation may be impugned only by those who are
prejudiced in their rights, within five years from the time their cause of
ARTICLE 177. Only children conceived and born outside of wedlock action accrues. (275a)
of parents who, at the time of the 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 Who may impugn legitimation
(18) years of age may be legitimated. (269a) - only by persons prejudiced or who will suffer economic or
material injury by reason of improper legitimation
As amended by RA 9858 - includes testamentary or intestate heirs
- excludes creditors of parents
- includes creditor of debtor-heir
Illegitimate child who can be legitimated is a “natural child”.

QUALIFICATION TO BE LEGITIMATED
1. Child is conceived and born outside of wedlock
2. parents, at the time of the conception,
a. were not disqualified by any impediment to marry each
other or
b. were so disqualified only because either or both of them
were below eighteen (18) years of age

Children of void marriages who may be legitimated

(Children of marriages void by reason of)
1. either or both parties are below 18 years of age
2. lack of authority of solemnizing officer
3. lack of valid marriage license
4. being contracted through mistake of identity

Children of void marriage who cannot be legitimated because they

remained to be legitimate
1. by reason of psychological incapacity (Art 36)
2. of subsequent marriages void under Art 35

Children who cannot be legitimated

1. either or both parents are already married to another
2. parents are prohibited from marrying each other by reason of
incestuous relationship (Art 37) or by reason of public policy (Art
38)

ARTICLE 178. Legitimation shall take place by a subsequent valid

marriage between parents. The annulment of a viodable marriage shall
not affect the legitimation. (270a)

LEGITIMATION takes place automatically by the subsequent valid marriage

of the parents. Change of status in the register of birth is not necessary,

If the marriage that effected legitimation is voided, legitimated children retains

status.

ARTICLE 179. Legitimated children shall enjoy the same rights as

legitimate children. (272a)

There is no distinction between a legitimate child and a legitimated child

except in attaining their status.

ARTICLE 180. The effects of legitimation shall retroact to the time of

the child's birth. (273a)

Effects of legitimation takes place by operation of law. Its effects extend

beyond the parents and children.

ARTICLE 181. The legitimation of children who died before the

celebration of the marriage shall benefit their descendants. (274)

Legitimation is not prevented by death of the child prior to the celebration of

the subsequent marriage.