EXECUTIVE ORDER NO.

209
THE FAMILY CODE OF THE PHILIPPINES
July 6, 19!
I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by
the Constitution, do hereby order nd promul!te the "mily Code of the Philippines, s follows#
$I$%& I
'ARRIA(&
Chpter ). Re*uisites of 'rri!e
Arti+le ). 'rri!e is spe+il +ontr+t of permnent union between mn nd womn entered
into in ++ordn+e with lw for the estblishment of +on,u!l nd fmily life. It is the foundtion
of the fmily nd n inviolble so+il institution whose nture, +onse*uen+es, nd in+idents re
!overned by lw nd not sub,e+t to stipultion, e-+ept tht mrri!e settlements my fi- the
property reltions durin! the mrri!e within the limits provided by this Code. ./01
Art. 0. No mrri!e shll be vlid, unless these essentil re*uisites re present#
.)1 %e!l +p+ity of the +ontr+tin! prties who must be mle nd femle2 nd
.01 Consent freely !iven in the presen+e of the solemni3in! offi+er. ./41
Art. 4. $he forml re*uisites of mrri!e re#
.)1 Authority of the solemni3in! offi+er2
.01 A vlid mrri!e li+ense e-+ept in the +ses provided for in Chpter 0 of this $itle2 nd
.41 A mrri!e +eremony whi+h t5es pl+e with the ppern+e of the +ontr+tin! prties
before the solemni3in! offi+er nd their personl de+lrtion tht they t5e e+h other s
husbnd nd wife in the presen+e of not less thn two witnesses of le!l !e. ./4, //1
Art. 6. $he bsen+e of ny of the essentil or forml re*uisites shll render the mrri!e void ab
initio, e-+ept s stted in Arti+le 4/ .01.
A defe+t in ny of the essentil re*uisites shll not ffe+t the vlidity of the mrri!e but the prty
or prties responsible for the irre!ulrity shll be +ivilly, +riminlly nd dministrtively lible.
.n1
Art. /. Any mle or femle of the !e of ei!hteen yers or upwrds not under ny of the
impediments mentioned in Arti+les 47 nd 48, my +ontr+t mrri!e. ./61
Art. 9. No pres+ribed form or reli!ious rite for the solemni3tion of the mrri!e is re*uired. It
shll be ne+essry, however, for the +ontr+tin! prties to pper personlly before the
solemni3in! offi+er nd de+lre in the presen+e of not less thn two witnesses of le!l !e tht
they t5e e+h other s husbnd nd wife. $his de+lrtion shll be +ontined in the mrri!e
+ertifi+te whi+h shll be si!ned by the +ontr+tin! prties nd their witnesses nd ttested by the
solemni3in! offi+er.
In +se of mrri!e in articulo mortis, when the prty t the point of deth is unble to si!n the
mrri!e +ertifi+te, it shll be suffi+ient for one of the witnesses to the mrri!e to write the
nme of sid prty, whi+h f+t shll be ttested by the solemni3in! offi+er. .//1
Art. 7. 'rri!e my be solemni3ed by#
.)1 Any in+umbent member of the ,udi+iry within the +ourt:s ,urisdi+tion2
.01 Any priest, rbbi, imm, or minister of ny +hur+h or reli!ious se+t duly uthori3ed by
his +hur+h or reli!ious se+t nd re!istered with the +ivil re!istrr !enerl, +tin! within the
limits of the written uthority !rnted by his +hur+h or reli!ious se+t nd provided tht t
lest one of the +ontr+tin! prties belon!s to the solemni3in! offi+er:s +hur+h or reli!ious
se+t2
.41 Any ship +ptin or irplne +hief only in the +se mentioned in Arti+le 4)2

.61 Any militry +ommnder of unit to whi+h +hplin is ssi!ned, in the bsen+e of
the ltter, durin! militry opertion, li5ewise only in the +ses mentioned in Arti+le 402
./1 Any +onsul;!enerl, +onsul or vi+e;+onsul in the +se provided in Arti+le )<. ./91
Arti+le. 8. $he mrri!e shll be solemni3ed publi+ly in the +hmbers of the ,ud!e or in open
+ourt, in the +hur+h, +hpel or temple, or in the offi+e the +onsul;!enerl, +onsul or vi+e;+onsul,
s the +se my be, nd not elsewhere, e-+ept in +ses of mrri!es +ontr+ted on the point of
deth or in remote pl+es in ++ordn+e with Arti+le 0= of this Code, or where both of the prties
re*uest the solemni3in! offi+er in writin! in whi+h +se the mrri!e my be solemni3ed t
house or pl+e desi!nted by them in sworn sttement to tht effe+t. ./71
Art. =. A mrri!e li+ense shll be issued by the lo+l +ivil re!istrr of the +ity or muni+iplity
where either +ontr+tin! prty hbitully resides, e-+ept in mrri!es where no li+ense is re*uired
in ++ordn+e with Chpter 0 of this $itle. ./81
Art. )<. 'rri!es between "ilipino +iti3ens brod my be solemni3ed by +onsul;!enerl,
+onsul or vi+e;+onsul of the Republi+ of the Philippines. $he issun+e of the mrri!e li+ense nd
the duties of the lo+l +ivil re!istrr nd of the solemni3in! offi+er with re!rd to the +elebrtion
of mrri!e shll be performed by sid +onsulr offi+il. .7/1
Art. )). >here mrri!e li+ense is re*uired, e+h of the +ontr+tin! prties shll file seprtely
sworn ppli+tion for su+h li+ense with the proper lo+l +ivil re!istrr whi+h shll spe+ify the
followin!#
.)1 "ull nme of the +ontr+tin! prty2
.01 Pl+e of birth2
.41 A!e nd dte of birth2
.61 Civil sttus2
./1 If previously mrried, how, when nd where the previous mrri!e ws dissolved or
nnulled2
.91 Present residen+e nd +iti3enship2
.71 ?e!ree of reltionship of the +ontr+tin! prties2
.81 "ull nme, residen+e nd +iti3enship of the fther2
.=1 "ull nme, residen+e nd +iti3enship of the mother2 nd
.)<1 "ull nme, residen+e nd +iti3enship of the !urdin or person hvin! +hr!e, in +se
the +ontr+tin! prty hs neither fther nor mother nd is under the !e of twenty;one
yers.
$he ppli+nts, their prents or !urdins shll not be re*uired to e-hibit their residen+e
+ertifi+tes in ny formlity in +onne+tion with the se+urin! of the mrri!e li+ense. ./=1
Art. )0. $he lo+l +ivil re!istrr, upon re+eivin! su+h ppli+tion, shll re*uire the presenttion of
the ori!inl birth +ertifi+tes or, in defult thereof, the bptisml +ertifi+tes of the +ontr+tin!
prties or +opies of su+h do+uments duly ttested by the persons hvin! +ustody of the ori!inls.
$hese +ertifi+tes or +ertified +opies of the do+uments by this Arti+le need not be sworn to nd
shll be e-empt from the do+umentry stmp t-. $he si!nture nd offi+il title of the person
issuin! the +ertifi+te shll be suffi+ient proof of its uthenti+ity.
If either of the +ontr+tin! prties is unble to produ+e his birth or bptisml +ertifi+te or
+ertified +opy of either be+use of the destru+tion or loss of the ori!inl or if it is shown by n
ffidvit of su+h prty or of ny other person tht su+h birth or bptisml +ertifi+te hs not yet
been re+eived thou!h the sme hs been re*uired of the person hvin! +ustody thereof t lest
fifteen dys prior to the dte of the ppli+tion, su+h prty my furnish in lieu thereof his +urrent
residen+e +ertifi+te or n instrument drwn up nd sworn to before the lo+l +ivil re!istrr
+on+erned or ny publi+ offi+il uthori3ed to dminister oths. @u+h instrument shll +ontin the
sworn de+lrtion of two witnesses of lwful !e, settin! forth the full nme, residen+e nd
+iti3enship of su+h +ontr+tin! prty nd of his or her prents, if 5nown, nd the pl+e nd dte of
birth of su+h prty. $he nerest of 5in of the +ontr+tin! prties shll be preferred s witnesses, or,
in their defult, persons of !ood reputtion in the provin+e or the lo+lity.
$he presenttion of birth or bptisml +ertifi+te shll not be re*uired if the prents of the
+ontr+tin! prties pper personlly before the lo+l +ivil re!istrr +on+erned nd swer to the
+orre+tness of the lwful !e of sid prties, s stted in the ppli+tion, or when the lo+l +ivil
re!istrr shll, by merely loo5in! t the ppli+nts upon their personlly pperin! before him, be
+onvin+ed tht either or both of them hve the re*uired !e. .9<1
Art. )4. In +se either of the +ontr+tin! prties hs been previously mrried, the ppli+nt shll
be re*uired to furnish, insted of the birth or bptisml +ertifi+te re*uired in the lst pre+edin!
rti+le, the deth +ertifi+te of the de+esed spouse or the ,udi+il de+ree of the bsolute divor+e,
or the ,udi+il de+ree of nnulment or de+lrtion of nullity of his or her previous mrri!e.
In +se the deth +ertifi+te +nnot be se+ured, the prty shll m5e n ffidvit settin! forth this
+ir+umstn+e nd his or her +tul +ivil sttus nd the nme nd dte of deth of the de+esed
spouse. .9)1
Art. )6. In +se either or both of the +ontr+tin! prties, not hvin! been emn+ipted by
previous mrri!e, re between the !es of ei!hteen nd twenty;one, they shll, in ddition to the
re*uirements of the pre+edin! rti+les, e-hibit to the lo+l +ivil re!istrr, the +onsent to their
mrri!e of their fther, mother, survivin! prent or !urdin, or persons hvin! le!l +hr!e of
them, in the order mentioned. @u+h +onsent shll be mnifested in writin! by the interested prty,
who personlly ppers before the proper lo+l +ivil re!istrr, or in the form of n ffidvit mde
in the presen+e of two witnesses nd ttested before ny offi+il uthori3ed by lw to dminister
oths. $he personl mnifesttion shll be re+orded in both ppli+tions for mrri!e li+ense, nd
the ffidvit, if one is e-e+uted insted, shll be tt+hed to sid ppli+tions. .9)1
Art. )/. Any +ontr+tin! prty between the !e of twenty;one nd twenty;five shll be obli!ed to
s5 their prents or !urdin for dvi+e upon the intended mrri!e. If they do not obtin su+h
dvi+e, or if it be unfvorble, the mrri!e li+ense shll not be issued till fter three months
followin! the +ompletion of the publi+tion of the ppli+tion therefor. A sworn sttement by the
+ontr+tin! prties to the effe+t tht su+h dvi+e hs been sou!ht, to!ether with the written dvi+e
!iven, if ny, shll be tt+hed to the ppli+tion for mrri!e li+ense. @hould the prents or
!urdin refuse to !ive ny dvi+e, this f+t shll be stted in the sworn sttement. .901
Art. )9. In the +ses where prentl +onsent or prentl dvi+e is needed, the prty or prties
+on+erned shll, in ddition to the re*uirements of the pre+edin! rti+les, tt+h +ertifi+te
issued by priest, imm or minister uthori3ed to solemni3e mrri!e under Arti+le 7 of this
Code or mrri!e +ounselor duly ++redited by the proper !overnment !en+y to the effe+t tht
the +ontr+tin! prties hve under!one mrri!e +ounselin!. "ilure to tt+h sid +ertifi+tes of
mrri!e +ounselin! shll suspend the issun+e of the mrri!e li+ense for period of three
months from the +ompletion of the publi+tion of the ppli+tion. Issun+e of the mrri!e li+ense
within the prohibited period shll sub,e+t the issuin! offi+er to dministrtive sn+tions but shll
not ffe+t the vlidity of the mrri!e.
@hould only one of the +ontr+tin! prties need prentl +onsent or prentl dvi+e, the other
prty must be present t the +ounselin! referred to in the pre+edin! pr!rph. .n1
Art. )7. $he lo+l +ivil re!istrr shll prepre noti+e whi+h shll +ontin the full nmes nd
residen+es of the ppli+nts for mrri!e li+ense nd other dt !iven in the ppli+tions. $he
noti+e shll be posted for ten +onse+utive dys on bulletin bord outside the offi+e of the lo+l
+ivil re!istrr lo+ted in +onspi+uous pl+e within the buildin! nd ++essible to the !enerl
publi+. $his noti+e shll re*uest ll persons hvin! 5nowled!e of ny impediment to the mrri!e
to dvise the lo+l +ivil re!istrr thereof. $he mrri!e li+ense shll be issued fter the +ompletion
of the period of publi+tion. .941
Art. )8. In +se of ny impediment 5nown to the lo+l +ivil re!istrr or brou!ht to his ttention,
he shll note down the prti+ulrs thereof nd his findin!s thereon in the ppli+tion for mrri!e
li+ense, but shll nonetheless issue sid li+ense fter the +ompletion of the period of publi+tion,
unless ordered otherwise by +ompetent +ourt t his own instn+e or tht of ny interest prty.
No filin! fee shll be +hr!ed for the petition nor +orrespondin! bond re*uired for the issun+es
of the order. .961
Art. )=. $he lo+l +ivil re!istrr shll re*uire the pyment of the fees pres+ribed by lw or
re!ultions before the issun+e of the mrri!e li+ense. No other sum shll be +olle+ted in the
nture of fee or t- of ny 5ind for the issun+e of sid li+ense. It shll, however, be issued free
of +hr!e to indi!ent prties, tht is those who hve no visible mens of in+ome or whose in+ome
is insuffi+ient for their subsisten+e f+t estblished by their ffidvit, or by their oth before the
lo+l +ivil re!istrr. .9/1
Art. 0<. $he li+ense shll be vlid in ny prt of the Philippines for period of one hundred
twenty dys from the dte of issue, nd shll be deemed utomti+lly +n+eled t the e-pirtion
of the sid period if the +ontr+tin! prties hve not mde use of it. $he e-piry dte shll be
stmped in bold +hr+ters on the f+e of every li+ense issued. .9/1
Art. 0). >hen either or both of the +ontr+tin! prties re +iti3ens of forei!n +ountry, it shll be
ne+essry for them before mrri!e li+ense +n be obtined, to submit +ertifi+te of le!l
+p+ity to +ontr+t mrri!e, issued by their respe+tive diplomti+ or +onsulr offi+ils.
@tteless persons or refu!ees from other +ountries shll, in lieu of the +ertifi+te of le!l +p+ity
herein re*uired, submit n ffidvit sttin! the +ir+umstn+es showin! su+h +p+ity to +ontr+t
mrri!e. .991
Art. 00. $he mrri!e +ertifi+te, in whi+h the prties shll de+lre tht they t5e e+h other s
husbnd nd wife, shll lso stte#
.)1 $he full nme, se- nd !e of e+h +ontr+tin! prty2
.01 $heir +iti3enship, reli!ion nd hbitul residen+e2
.41 $he dte nd pre+ise time of the +elebrtion of the mrri!e2
.61 $ht the proper mrri!e li+ense hs been issued ++ordin! to lw, e-+ept in mrri!e
provided for in Chpter 0 of this $itle2
./1 $ht either or both of the +ontr+tin! prties hve se+ured the prentl +onsent in
pproprite +ses2
.91 $ht either or both of the +ontr+tin! prties hve +omplied with the le!l re*uirement
re!rdin! prentl dvi+e in pproprite +ses2 nd
.71 $ht the prties hve entered into mrri!e settlement, if ny, tt+hin! +opy thereof.
.971
Art. 04. It shll be the duty of the person solemni3in! the mrri!e to furnish either of the
+ontr+tin! prties the ori!inl of the mrri!e +ertifi+te referred to in Arti+le 9 nd to send the
dupli+te nd tripli+te +opies of the +ertifi+te not lter thn fifteen dys fter the mrri!e, to
the lo+l +ivil re!istrr of the pl+e where the mrri!e ws solemni3ed. Proper re+eipts shll be
issued by the lo+l +ivil re!istrr to the solemni3in! offi+er trnsmittin! +opies of the mrri!e
+ertifi+te. $he solemni3in! offi+er shll retin in his file the *udrupli+te +opy of the mrri!e
+ertifi+te, the +opy of the mrri!e +ertifi+te, the ori!inl of the mrri!e li+ense nd, in proper
+ses, the ffidvit of the +ontr+tin! prty re!rdin! the solemni3tion of the mrri!e in pl+e
other thn those mentioned in Arti+le 8. .981
Art. 06. It shll be the duty of the lo+l +ivil re!istrr to prepre the do+uments re*uired by this
$itle, nd to dminister oths to ll interested prties without ny +hr!e in both +ses. $he
do+uments nd ffidvits filed in +onne+tion with ppli+tions for mrri!e li+enses shll be
e-empt from do+umentry stmp t-. .n1
Art. 0/. $he lo+l +ivil re!istrr +on+erned shll enter ll ppli+tions for mrri!e li+enses filed
with him in re!istry boo5 stri+tly in the order in whi+h the sme re re+eived. Ae shll re+ord in
sid boo5 the nmes of the ppli+nts, the dte on whi+h the mrri!e li+ense ws issued, nd
su+h other dt s my be ne+essry. .n1
Art. 09. All mrri!es solemni3ed outside the Philippines, in ++ordn+e with the lws in for+e in
the +ountry where they were solemni3ed, nd vlid there s su+h, shll lso be vlid in this
+ountry, e-+ept those prohibited under Arti+les 4/ .)1, .61, ./1 nd .91, 4947 nd 48. .)71
>here mrri!e between "ilipino +iti3en nd forei!ner is vlidly +elebrted nd divor+e is
therefter vlidly obtined brod by the lien spouse +p+ittin! him or her to remrry, the
"ilipino spouse shll hve +p+ity to remrry under Philippine lw. .As mended by &-e+utive
Order 0071
Chpter 0. 'rri!es &-empted from %i+ense Re*uirement
Art. 07. In +se either or both of the +ontr+tin! prties re t the point of deth, the mrri!e my
be solemni3ed without ne+essity of mrri!e li+ense nd shll remin vlid even if the ilin!
prty subse*uently survives. .701
Art. 08. If the residen+e of either prty is so lo+ted tht there is no mens of trnsporttion to
enble su+h prty to pper personlly before the lo+l +ivil re!istrr, the mrri!e my be
solemni3ed without ne+essity of mrri!e li+ense. .701
Art. 0=. In the +ses provided for in the two pre+edin! rti+les, the solemni3in! offi+er shll stte
in n ffidvit e-e+uted before the lo+l +ivil re!istrr or ny other person le!lly uthori3ed to
dminister oths tht the mrri!e ws performed in articulo mortis or tht the residen+e of either
prty, spe+ifyin! the brrio or brn!y, is so lo+ted tht there is no mens of trnsporttion to
enble su+h prty to pper personlly before the lo+l +ivil re!istrr nd tht the offi+er too5 the
ne+essry steps to s+ertin the !es nd reltionship of the +ontr+tin! prties nd the bsen+e of
le!l impediment to the mrri!e. .701
Art. 4<. $he ori!inl of the ffidvit re*uired in the lst pre+edin! rti+le, to!ether with the
le!ible +opy of the mrri!e +ontr+t, shll be sent by the person solemni3in! the mrri!e to the
lo+l +ivil re!istrr of the muni+iplity where it ws performed within the period of thirty dys
fter the performn+e of the mrri!e. .7/1
Art. 4). A mrri!e in rti+ulo mortis between pssen!ers or +rew members my lso be
solemni3ed by ship +ptin or by n irplne pilot not only while the ship is t se or the plne
is in fli!ht, but lso durin! stopovers t ports of +ll. .761
Art. 40. A militry +ommnder of unit, who is +ommissioned offi+er, shll li5ewise hve
uthority to solemni3e mrri!es in rti+ulo mortis between persons within the 3one of militry
opertion, whether members of the rmed for+es or +ivilins. .761
Art. 44. 'rri!es mon! 'uslims or mon! members of the ethni+ +ulturl +ommunities my be
performed vlidly without the ne+essity of mrri!e li+ense, provided they re solemni3ed in
++ordn+e with their +ustoms, rites or pr+ti+es. .781
Art. 46. No li+ense shll be ne+essry for the mrri!e of mn nd womn who hve lived
to!ether s husbnd nd wife for t lest five yers nd without ny le!l impediment to mrry
e+h other. $he +ontr+tin! prties shll stte the fore!oin! f+ts in n ffidvit before ny person
uthori3ed by lw to dminister oths. $he solemni3in! offi+er shll lso stte under oth tht he
s+ertined the *ulifi+tions of the +ontr+tin! prties re found no le!l impediment to the
mrri!e. .791
Chpter 4. Boid nd Boidble 'rri!es
Art. 4/. $he followin! mrri!es shll be void from the be!innin!#
.)1 $hose +ontr+ted by ny prty below ei!hteen yers of !e even with the +onsent of
prents or !urdins2
.01 $hose solemni3ed by ny person not le!lly uthori3ed to perform mrri!es unless
su+h mrri!es were +ontr+ted with either or both prties believin! in !ood fith tht the
solemni3in! offi+er hd the le!l uthority to do so2
.41 $hose solemni3ed without li+ense, e-+ept those +overed the pre+edin! Chpter2
.61 $hose bi!mous or poly!mous mrri!es not filin! under Arti+le 6)2
./1 $hose +ontr+ted throu!h mist5e of one +ontr+tin! prty s to the identity of the
other2 nd
.91 $hose subse*uent mrri!es tht re void under Arti+le /4.
Art. 49. A mrri!e +ontr+ted by ny prty who, t the time of the +elebrtion, ws
psy+holo!i+lly in+p+itted to +omply with the essentil mritl obli!tions of mrri!e, shll
li5ewise be void even if su+h in+p+ity be+omes mnifest only fter its solemni3tion. .As
mended by &-e+utive Order 0071
Art. 47. 'rri!es between the followin! re in+estuous nd void from the be!innin!, whether
reltionship between the prties be le!itimte or ille!itimte#
.)1 Cetween s+endnts nd des+endnts of ny de!ree2 nd
.01 Cetween brothers nd sisters, whether of the full or hlf blood. .8)1
Art. 48. $he followin! mrri!es shll be void from the be!innin! for resons of publi+ poli+y#
.)1 Cetween +ollterl blood reltives whether le!itimte or ille!itimte, up to the fourth
+ivil de!ree2
.01 Cetween step;prents nd step;+hildren2
.41 Cetween prents;in;lw nd +hildren;in;lw2
.61 Cetween the doptin! prent nd the dopted +hild2
./1 Cetween the survivin! spouse of the doptin! prent nd the dopted +hild2
.91 Cetween the survivin! spouse of the dopted +hild nd the dopter2
.71 Cetween n dopted +hild nd le!itimte +hild of the dopter2
.81 Cetween dopted +hildren of the sme dopter2 nd
.=1 Cetween prties where one, with the intention to mrry the other, 5illed tht other
person:s spouse, or his or her own spouse. .801
Art. 4=. $he +tion or defense for the de+lrtion of bsolute nullity of mrri!e shll not
pres+ribe. .As mended by &-e+utive Order 007 nd Republi+ A+t No. 8/442 $he phrse
"However, in case of marriage celebrated before the effectivity of this Code and falling under
Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect"
hs been deleted by Republi+ A+t No. 8/44 DApproved "ebrury 04, )==8E1.
Art. 6<. $he bsolute nullity of previous mrri!e my be invo5ed for purposes of remrri!e
on the bsis solely of finl ,ud!ment de+lrin! su+h previous mrri!e void. .n1
Art. 6). A mrri!e +ontr+ted by ny person durin! subsisten+e of previous mrri!e shll be
null nd void, unless before the +elebrtion of the subse*uent mrri!e, the prior spouse hd been
bsent for four +onse+utive yers nd the spouse present hs well;founded belief tht the bsent
spouse ws lredy ded. In +se of disppern+e where there is dn!er of deth under the
+ir+umstn+es set forth in the provisions of Arti+le 4=) of the Civil Code, n bsen+e of only two
yers shll be suffi+ient.
"or the purpose of +ontr+tin! the subse*uent mrri!e under the pre+edin! pr!rph the spouse
present must institute summry pro+eedin! s provided in this Code for the de+lrtion of
presumptive deth of the bsentee, without pre,udi+e to the effe+t of reppern+e of the bsent
spouse. .841
Art. 60. $he subse*uent mrri!e referred to in the pre+edin! Arti+le shll be utomti+lly
terminted by the re+ordin! of the ffidvit of reppern+e of the bsent spouse, unless there is
,ud!ment nnullin! the previous mrri!e or de+lrin! it void ab initio.
A sworn sttement of the f+t nd +ir+umstn+es of reppern+e shll be re+orded in the +ivil
re!istry of the residen+e of the prties to the subse*uent mrri!e t the instn+e of ny interested
person, with due noti+e to the spouses of the subse*uent mrri!e nd without pre,udi+e to the
f+t of reppern+e bein! ,udi+illy determined in +se su+h f+t is disputed. .n1
Art. 64. $he termintion of the subse*uent mrri!e referred to in the pre+edin! Arti+le shll
produ+e the followin! effe+ts#
.)1 $he +hildren of the subse*uent mrri!e +on+eived prior to its termintion shll be
+onsidered le!itimte2
.01 $he bsolute +ommunity of property or the +on,u!l prtnership, s the +se my be,
shll be dissolved nd li*uidted, but if either spouse +ontr+ted sid mrri!e in bd
fith, his or her shre of the net profits of the +ommunity property or +on,u!l prtnership
property shll be forfeited in fvor of the +ommon +hildren or, if there re none, the
+hildren of the !uilty spouse by previous mrri!e or in defult of +hildren, the inno+ent
spouse2
.41 ?ontions by reson of mrri!e shll remin vlid, e-+ept tht if the donee +ontr+ted
the mrri!e in bd fith, su+h dontions mde to sid donee re revo5ed by opertion of
lw2
.61 $he inno+ent spouse my revo5e the desi!ntion of the other spouse who +ted in bd
fith s benefi+iry in ny insurn+e poli+y, even if su+h desi!ntion be stipulted s
irrevo+ble2 nd
./1 $he spouse who +ontr+ted the subse*uent mrri!e in bd fith shll be dis*ulified
to inherit from the inno+ent spouse by testte nd intestte su++ession. .n1
Art. 66. If both spouses of the subse*uent mrri!e +ted in bd fith, sid mrri!e shll be void
ab initio nd ll dontions by reson of mrri!e nd testmentry dispositions mde by one in
fvor of the other re revo5ed by opertion of lw. .n1
Art. 6/. A mrri!e my be nnulled for ny of the followin! +uses, e-istin! t the time of the
mrri!e#
.)1 $ht the prty in whose behlf it is sou!ht to hve the mrri!e nnulled ws ei!hteen
yers of !e or over but below twenty;one, nd the mrri!e ws solemni3ed without the
+onsent of the prents, !urdin or person hvin! substitute prentl uthority over the
prty, in tht order, unless fter ttinin! the !e of twenty;one, su+h prty freely
+ohbited with the other nd both lived to!ether s husbnd nd wife2
.01 $ht either prty ws of unsound mind, unless su+h prty fter +omin! to reson,
freely +ohbited with the other s husbnd nd wife2
.41 $ht the +onsent of either prty ws obtined by frud, unless su+h prty fterwrds,
with full 5nowled!e of the f+ts +onstitutin! the frud, freely +ohbited with the other s
husbnd nd wife2
.61 $ht the +onsent of either prty ws obtined by for+e, intimidtion or undue
influen+e, unless the sme hvin! disppered or +esed, su+h prty therefter freely
+ohbited with the other s husbnd nd wife2
./1 $ht either prty ws physi+lly in+pble of +onsummtin! the mrri!e with the
other, nd su+h in+p+ity +ontinues nd ppers to be in+urble2 or
.91 $ht either prty ws ffli+ted with se-ully;trnsmissible disese found to be
serious nd ppers to be in+urble. .8/1
Art. 69. Any of the followin! +ir+umstn+es shll +onstitute frud referred to in Number 4 of the
pre+edin! Arti+le#
.)1 Non;dis+losure of previous +onvi+tion by finl ,ud!ment of the other prty of
+rime involvin! morl turpitude2
.01 Con+elment by the wife of the f+t tht t the time of the mrri!e, she ws pre!nnt
by mn other thn her husbnd2
.41 Con+elment of se-ully trnsmissible disese, re!rdless of its nture, e-istin! t the
time of the mrri!e2 or
.61 Con+elment of dru! ddi+tion, hbitul l+oholism or homose-ulity or lesbinism
e-istin! t the time of the mrri!e.
No other misrepresenttion or de+eit s to +hr+ter, helth, rn5, fortune or +hstity shll
+onstitute su+h frud s will !ive !rounds for +tion for the nnulment of mrri!e. .891
Art. 67. $he +tion for nnulment of mrri!e must be filed by the followin! persons nd within
the periods indi+ted herein#
.)1 "or +uses mentioned in number ) of Arti+le 6/ by the prty whose prent or !urdin
did not !ive his or her +onsent, within five yers fter ttinin! the !e of twenty;one, or
by the prent or !urdin or person hvin! le!l +hr!e of the minor, t ny time before
su+h prty hs re+hed the !e of twenty;one2
.01 "or +uses mentioned in number 0 of Arti+le 6/, by the sme spouse, who hd no
5nowled!e of the other:s insnity2 or by ny reltive or !urdin or person hvin! le!l
+hr!e of the insne, t ny time before the deth of either prty, or by the insne spouse
durin! lu+id intervl or fter re!inin! snity2
.41 "or +uses mentioned in number 4 of Arti+le 6/, by the in,ured prty, within five yers
fter the dis+overy of the frud2
.61 "or +uses mentioned in number 6 of Arti+le 6/, by the in,ured prty, within five yers
from the time the for+e, intimidtion or undue influen+e disppered or +esed2
./1 "or +uses mentioned in number / nd 9 of Arti+le 6/, by the in,ured prty, within five
yers fter the mrri!e. .871
Art. 68. In ll +ses of nnulment or de+lrtion of bsolute nullity of mrri!e, the Court shll
order the prose+utin! ttorney or fis+l ssi!ned to it to pper on behlf of the @tte to t5e steps
to prevent +ollusion between the prties nd to t5e +re tht eviden+e is not fbri+ted or
suppressed.
In the +ses referred to in the pre+edin! pr!rph, no ,ud!ment shll be bsed upon stipultion
of f+ts or +onfession of ,ud!ment. .881
Art. 6=. ?urin! the penden+y of the +tion nd in the bsen+e of de*ute provisions in written
!reement between the spouses, the Court shll provide for the support of the spouses nd the
+ustody nd support of their +ommon +hildren. $he Court shll !ive prmount +onsidertion to
the morl nd mteril welfre of sid +hildren nd their +hoi+e of the prent with whom they
wish to remin s provided to in $itle IF. It shll lso provide for pproprite visittion ri!hts of
the other prent. .n1
Art. /<. $he effe+ts provided for by pr!rphs .01, .41, .61 nd ./1 of Arti+le 64 nd by Arti+le 66
shll lso pply in the proper +ses to mrri!es whi+h re de+lred b initio or nnulled by finl
,ud!ment under Arti+les 6< nd 6/.
$he finl ,ud!ment in su+h +ses shll provide for the li*uidtion, prtition nd distribution of the
properties of the spouses, the +ustody nd support of the +ommon +hildren, nd the delivery of
third presumptive le!itimes, unless su+h mtters hd been d,udi+ted in previous ,udi+il
pro+eedin!s.
All +reditors of the spouses s well s of the bsolute +ommunity or the +on,u!l prtnership shll
be notified of the pro+eedin!s for li*uidtion.
In the prtition, the +on,u!l dwellin! nd the lot on whi+h it is situted, shll be d,udi+ted in
++ordn+e with the provisions of Arti+les )<0 nd )0=.
Art. /). In sid prtition, the vlue of the presumptive le!itimes of ll +ommon +hildren,
+omputed s of the dte of the finl ,ud!ment of the tril +ourt, shll be delivered in +sh,
property or sound se+urities, unless the prties, by mutul !reement ,udi+illy pproved, hd
lredy provided for su+h mtters.
$he +hildren or their !urdin or the trustee of their property my s5 for the enfor+ement of the
,ud!ment.
$he delivery of the presumptive le!itimes herein pres+ribed shll in no wy pre,udi+e the ultimte
su++essionl ri!hts of the +hildren ++ruin! upon the deth of either of both of the prents2 but the
vlue of the properties lredy re+eived under the de+ree of nnulment or bsolute nullity shll be
+onsidered s dvn+es on their le!itime. .n1
Art. /0. $he ,ud!ment of nnulment or of bsolute nullity of the mrri!e, the prtition nd
distribution of the properties of the spouses nd the delivery of the +hildren:s presumptive
le!itimes shll be re+orded in the pproprite +ivil re!istry nd re!istries of property2 otherwise,
the sme shll not ffe+t third persons. .n1
Art. /4. &ither of the former spouses my mrry !in fter +omplin+e with the re*uirements of
the immeditely pre+edin! Arti+le2 otherwise, the subse*uent mrri!e shll be null nd void.
Art. /6. Children +on+eived or born before the ,ud!ment of nnulment or bsolute nullity of the
mrri!e under Arti+le 49 hs be+ome finl nd e-e+utory shll be +onsidered le!itimte.
Children +on+eived or born of the subse*uent mrri!e under Arti+le /4 shll li5ewise be
le!itimte.
$I$%& II
%&(A% @&PARA$ION
Art. //. A petition for le!l seprtion my be filed on ny of the followin! !rounds#
.)1 Repeted physi+l violen+e or !rossly busive +ondu+t dire+ted !inst the petitioner,
+ommon +hild, or +hild of the petitioner2
.01 Physi+l violen+e or morl pressure to +ompel the petitioner to +hn!e reli!ious or
politi+l ffilition2
.41 Attempt of respondent to +orrupt or indu+e the petitioner, +ommon +hild, or +hild
of the petitioner, to en!!e in prostitution, or +onnivn+e in su+h +orruption or
indu+ement2
.61 "inl ,ud!ment senten+in! the respondent to imprisonment of more thn si- yers,
even if prdoned2
./1 ?ru! ddi+tion or hbitul l+oholism of the respondent2
.91 %esbinism or homose-ulity of the respondent2
.71 Contr+tin! by the respondent of subse*uent bi!mous mrri!e, whether in the
Philippines or brod2
.81 @e-ul infidelity or perversion2
.=1 Attempt by the respondent !inst the life of the petitioner2 or
.)<1 Abndonment of petitioner by respondent without ,ustifible +use for more thn one
yer.
"or purposes of this Arti+le, the term "child" shll in+lude +hild by nture or by doption. .=1
Art. /9. $he petition for le!l seprtion shll be denied on ny of the followin! !rounds#
.)1 >here the !!rieved prty hs +ondoned the offense or +t +omplined of2
.01 >here the !!rieved prty hs +onsented to the +ommission of the offense or +t
+omplined of2
.41 >here there is +onnivn+e between the prties in the +ommission of the offense or +t
+onstitutin! the !round for le!l seprtion2
.61 >here both prties hve !iven !round for le!l seprtion2
./1 >here there is +ollusion between the prties to obtin de+ree of le!l seprtion2 or
.91 >here the +tion is brred by pres+ription. .)<<1
Art. /7. An +tion for le!l seprtion shll be filed within five yers from the time of the
o++urren+e of the +use. .)<01
Art. /8. An +tion for le!l seprtion shll in no +se be tried before si- months shll hve
elpsed sin+e the filin! of the petition. .)<41
Art. /=. No le!l seprtion my be de+reed unless the Court hs t5en steps towrd the
re+on+ilition of the spouses nd is fully stisfied, despite su+h efforts, tht re+on+ilition is
hi!hly improbble. .n1
Art. 9<. No de+ree of le!l seprtion shll be bsed upon stipultion of f+ts or +onfession of
,ud!ment.
In ny +se, the Court shll order the prose+utin! ttorney or fis+l ssi!ned to it to t5e steps to
prevent +ollusion between the prties nd to t5e +re tht the eviden+e is not fbri+ted or
suppressed. .)<)1
Art. 9). After the filin! of the petition for le!l seprtion, the spouses shll be entitled to live
seprtely from e+h other.
$he +ourt, in the bsen+e of written !reement between the spouses, shll desi!nte either of
them or third person to dminister the bsolute +ommunity or +on,u!l prtnership property.
$he dministrtor ppointed by the +ourt shll hve the sme powers nd duties s those of
!urdin under the Rules of Court. .)<61
Art. 90. ?urin! the penden+y of the +tion for le!l seprtion, the provisions of Arti+le 6= shll
li5ewise pply to the support of the spouses nd the +ustody nd support of the +ommon +hildren.
.)</1
Art. 94. $he de+ree of le!l seprtion shll hve the followin! effe+ts#
.)1 $he spouses shll be entitled to live seprtely from e+h other, but the mrri!e bonds
shll not be severed2
.01 $he bsolute +ommunity or the +on,u!l prtnership shll be dissolved nd li*uidted
but the offendin! spouse shll hve no ri!ht to ny shre of the net profits erned by the
bsolute +ommunity or the +on,u!l prtnership, whi+h shll be forfeited in ++ordn+e
with the provisions of Arti+le 64.012
.41 $he +ustody of the minor +hildren shll be wrded to the inno+ent spouse, sub,e+t to
the provisions of Arti+le 0)4 of this Code2 nd
.61 $he offendin! spouse shll be dis*ulified from inheritin! from the inno+ent spouse
by intestte su++ession. 'oreover, provisions in fvor of the offendin! spouse mde in the
will of the inno+ent spouse shll be revo5ed by opertion of lw. .)<91
Art. 96. After the finlity of the de+ree of le!l seprtion, the inno+ent spouse my revo5e the
dontions mde by him or by her in fvor of the offendin! spouse, s well s the desi!ntion of
the ltter s benefi+iry in ny insurn+e poli+y, even if su+h desi!ntion be stipulted s
irrevo+ble. $he revo+tion of the dontions shll be re+orded in the re!istries of property in the
pl+es where the properties re lo+ted. Alientions, liens nd en+umbrn+es re!istered in !ood
fith before the re+ordin! of the +omplint for revo+tion in the re!istries of property shll be
respe+ted. $he revo+tion of or +hn!e in the desi!ntion of the insurn+e benefi+iry shll t5e
effe+t upon written notifi+tion thereof to the insured.
$he +tion to revo5e the dontion under this Arti+le must be brou!ht within five yers from the
time the de+ree of le!l seprtion be+ome finl. .)<71
Art. 9/. If the spouses should re+on+ile, +orrespondin! ,oint mnifesttion under oth duly
si!ned by them shll be filed with the +ourt in the sme pro+eedin! for le!l seprtion. .n1
Art. 99. $he re+on+ilition referred to in the pre+edin! Arti+les shll hve the followin!
+onse*uen+es#
.)1 $he le!l seprtion pro+eedin!s, if still pendin!, shll thereby be terminted t
whtever st!e2 nd
.01 $he finl de+ree of le!l seprtion shll be set side, but the seprtion of property
nd ny forfeiture of the shre of the !uilty spouse lredy effe+ted shll subsist, unless
the spouses !ree to revive their former property re!ime.
$he +ourt:s order +ontinin! the fore!oin! shll be re+orded in the proper +ivil re!istries. .)<81
Art. 97. $he !reement to revive the former property re!ime referred to in the pre+edin! Arti+le
shll be e-e+uted under oth nd shll spe+ify#
.)1 $he properties to be +ontributed new to the restored re!ime2
.01 $hose to be retined s seprted properties of e+h spouse2 nd
.41 $he nmes of ll their 5nown +reditors, their ddresses nd the mounts owin! to e+h.
$he !reement of revivl nd the motion for its pprovl shll be filed with the +ourt in the sme
pro+eedin! for le!l seprtion, with +opies of both furnished to the +reditors nmed therein.
After due herin!, the +ourt shll, in its order, t5e mesure to prote+t the interest of +reditors nd
su+h order shll be re+orded in the proper re!istries of properties.
$he re+ordin! of the orderin! in the re!istries of property shll not pre,udi+e ny +reditor not
listed or not notified, unless the debtor;spouse hs suffi+ient seprte properties to stisfy the
+reditor:s +lim. .)=/, )<81
$I$%& III
RI(A$@ AN? OC%I(A$ION@ C&$>&&N AU@CAN? AN? >I"&
Art. 98. $he husbnd nd wife re obli!ed to live to!ether, observe mutul love, respe+t nd
fidelity, nd render mutul help nd support. .)<=1
Art. 9=. $he husbnd nd wife shll fi- the fmily domi+ile. In +se of dis!reement, the +ourt
shll de+ide.
$he +ourt my e-empt one spouse from livin! with the other if the ltter should live brod or
there re other vlid nd +ompellin! resons for the e-emption. Aowever, su+h e-emption shll
not pply if the sme is not +omptible with the solidrity of the fmily. .))<1
Art. 7<. $he spouses re ,ointly responsible for the support of the fmily. $he e-penses for su+h
support nd other +on,u!l obli!tions shll be pid from the +ommunity property nd, in the
bsen+e thereof, from the in+ome or fruits of their seprte properties. In +se of insuffi+ien+y or
bsen+e of sid in+ome or fruits, su+h obli!tions shll be stisfied from the seprte properties.
.)))1
Art. 7). $he mn!ement of the household shll be the ri!ht nd the duty of both spouses. $he
e-penses for su+h mn!ement shll be pid in ++ordn+e with the provisions of Arti+le 7<.
.))/1
Art. 70. >hen one of the spouses ne!le+ts his or her duties to the +on,u!l union or +ommits +ts
whi+h tend to brin! dn!er, dishonor or in,ury to the other or to the fmily, the !!rieved prty
my pply to the +ourt for relief. .))91
Art. 74. &ither spouse my e-er+ise ny le!itimte profession, o++uption, business or +tivity
without the +onsent of the other. $he ltter my ob,e+t only on vlid, serious, nd morl !rounds.
In +se of dis!reement, the +ourt shll de+ide whether or not#
.)1 $he ob,e+tion is proper2 nd
.01 Cenefit hs o++urred to the fmily prior to the ob,e+tion or therefter. If the benefit
++rued prior to the ob,e+tion, the resultin! obli!tion shll be enfor+ed !inst the
seprte property of the spouse who hs not obtined +onsent.
$he fore!oin! provisions shll not pre,udi+e the ri!hts of +reditors who +ted in !ood fith.
.))71
$I$%& IB
PROP&R$G R&%A$ION@ C&$>&&N AU@CAN? AN? >I"&
Chpter ). (enerl Provisions
Art. 76. $he property reltionship between husbnd nd wife shll be !overned in the followin!
order#
.)1 Cy mrri!e settlements e-e+uted before the mrri!e2
.01 Cy the provisions of this Code2 nd
.41 Cy the lo+l +ustom. .))81
Art. 7/. $he future spouses my, in the mrri!e settlements, !ree upon the re!ime of bsolute
+ommunity, +on,u!l prtnership of !ins, +omplete seprtion of property, or ny other re!ime.
In the bsen+e of mrri!e settlement, or when the re!ime !reed upon is void, the system of
bsolute +ommunity of property s estblished in this Code shll !overn. .))=1
Art. 79. In order tht ny modifi+tion in the mrri!e settlements my be vlid, it must be mde
before the +elebrtion of the mrri!e, sub,e+t to the provisions of Arti+les 99, 97, )08, )4/ nd
)49. .)0)1
Art. 77. $he mrri!e settlements nd ny modifi+tion thereof shll be in writin!, si!ned by the
prties nd e-e+uted before the +elebrtion of the mrri!e. $hey shll not pre,udi+e third persons
unless they re re!istered in the lo+l +ivil re!istry where the mrri!e +ontr+t is re+orded s
well s in the proper re!istries of properties. .)001
Art. 78. A minor who ++ordin! to lw my +ontr+t mrri!e my lso e-e+ute his or her
mrri!e settlements, but they shll be vlid only if the persons desi!nted in Arti+le )6 to !ive
+onsent to the mrri!e re mde prties to the !reement, sub,e+t to the provisions of $itle IF of
this Code. .)0<1
Art. 7=. "or the vlidity of ny mrri!e settlement e-e+uted by person upon whom senten+e
of +ivil interdi+tion hs been pronoun+ed or who is sub,e+t to ny other disbility, it shll be
indispensble for the !urdin ppointed by +ompetent +ourt to be mde prty thereto. .)041
Art. 8<. In the bsen+e of +ontrry stipultion in mrri!e settlement, the property reltions of
the spouses shll be !overned by Philippine lws, re!rdless of the pl+e of the +elebrtion of the
mrri!e nd their residen+e.
$his rule shll not pply#
.)1 >here both spouses re liens2
.01 >ith respe+t to the e-trinsi+ vlidity of +ontr+ts ffe+tin! property not situted in the
Philippines nd e-e+uted in the +ountry where the property is lo+ted2 nd
.41 >ith respe+t to the e-trinsi+ vlidity of +ontr+ts entered into in the Philippines but
ffe+tin! property situted in forei!n +ountry whose lws re*uire different formlities
for its e-trinsi+ vlidity. .)061
Art. 8). &verythin! stipulted in the settlements or +ontr+ts referred to in the pre+edin! rti+les
in +onsidertion of future mrri!e, in+ludin! dontions between the prospe+tive spouses mde
therein, shll be rendered void if the mrri!e does not t5e pl+e. Aowever, stipultions tht do
not depend upon the +elebrtion of the mrri!es shll be vlid. .)0/1
Chpter 0. ?ontions by Reson of 'rri!e
Art. 80. ?ontions by reson of mrri!e re those whi+h re mde before its +elebrtion, in
+onsidertion of the sme, nd in fvor of one or both of the future spouses. .)091
Art. 84. $hese dontions re !overned by the rules on ordinry dontions estblished in $itle III
of Coo5 III of the Civil Code, insofr s they re not modified by the followin! rti+les. .)071
Art. 86. If the future spouses !ree upon re!ime other thn the bsolute +ommunity of property,
they +nnot donte to e+h other in their mrri!e settlements more thn one;fifth of their present
property. Any e-+ess shll be +onsidered void.
?ontions of future property shll be !overned by the provisions on testmentry su++ession nd
the formlities of wills. .)4<1
Art. 8/. ?ontions by reson of mrri!e of property sub,e+t to en+umbrn+es shll be vlid. In
+se of fore+losure of the en+umbrn+e nd the property is sold for less thn the totl mount of
the obli!tion se+ured, the donee shll not be lible for the defi+ien+y. If the property is sold for
more thn the totl mount of sid obli!tion, the donee shll be entitled to the e-+ess. .)4)1
Art. 89. A dontion by reson of mrri!e my be revo5ed by the donor in the followin! +ses#
.)1 If the mrri!e is not +elebrted or ,udi+illy de+lred void b initio e-+ept dontions
mde in the mrri!e settlements, whi+h shll be !overned by Arti+le 8)2
.01 >hen the mrri!e t5es pl+e without the +onsent of the prents or !urdin, s
re*uired by lw2
.41 >hen the mrri!e is nnulled, nd the donee +ted in bd fith2
.61 Upon le!l seprtion, the donee bein! the !uilty spouse2
./1 If it is with resolutory +ondition nd the +ondition is +omplied with2
.91 >hen the donee hs +ommitted n +t of in!rtitude s spe+ified by the provisions of
the Civil Code on dontions in !enerl. .)401
Art. 87. &very dontion or !rnt of !rtuitous dvnt!e, dire+t or indire+t, between the spouses
durin! the mrri!e shll be void, e-+ept moderte !ifts whi+h the spouses my !ive e+h other
on the o++sion of ny fmily re,oi+in!. $he prohibition shll lso pply to persons livin!
to!ether s husbnd nd wife without vlid mrri!e. .)441
Chpter 4. @ystem of Absolute Community
@e+tion ). (enerl Provisions
Art. 88. $he bsolute +ommunity of property between spouses shll +ommen+e t the pre+ise
moment tht the mrri!e is +elebrted. Any stipultion, e-press or implied, for the
+ommen+ement of the +ommunity re!ime t ny other time shll be void. .)6/1
Art. 8=. No wiver of ri!hts, shres nd effe+ts of the bsolute +ommunity of property durin! the
mrri!e +n be mde e-+ept in +se of ,udi+il seprtion of property.
>hen the wiver t5es pl+e upon ,udi+il seprtion of property, or fter the mrri!e hs been
dissolved or nnulled, the sme shll pper in publi+ instrument nd shll be re+orded s
provided in Arti+le 77. $he +reditors of the spouse who mde su+h wiver my petition the +ourt
to res+ind the wiver to the e-tent of the mount suffi+ient to +over the mount of their +redits.
.)691
Art. =<. $he provisions on +o;ownership shll pply to the bsolute +ommunity of property
between the spouses in ll mtters not provided for in this Chpter. .n1
@e+tion 0. >ht Constitutes Community Property
Art. =). Unless otherwise provided in this Chpter or in the mrri!e settlements, the +ommunity
property shll +onsist of ll the property owned by the spouses t the time of the +elebrtion of
the mrri!e or +*uired therefter. .)=71
Art. =0. $he followin! shll be e-+luded from the +ommunity property#
.)1 Property +*uired durin! the mrri!e by !rtuitous title by either spouse, nd the
fruits s well s the in+ome thereof, if ny, unless it is e-pressly provided by the donor,
testtor or !rntor tht they shll form prt of the +ommunity property2
.01 Property for personl nd e-+lusive use of either spouse. Aowever, ,ewelry shll form
prt of the +ommunity property2
.41 Property +*uired before the mrri!e by either spouse who hs le!itimte
des+endnts by former mrri!e, nd the fruits s well s the in+ome, if ny, of su+h
property. .0<)1
Art. =4. Property +*uired durin! the mrri!e is presumed to belon! to the +ommunity, unless it
is proved tht it is one of those e-+luded therefrom. .)9<1
@e+tion 4. Chr!es nd Obli!tions of the Absolute Community
Art. =6. $he bsolute +ommunity of property shll be lible for#
.)1 $he support of the spouses, their +ommon +hildren, nd le!itimte +hildren of either
spouse2 however, the support of ille!itimte +hildren shll be !overned by the provisions
of this Code on @upport2
.01 All debts nd obli!tions +ontr+ted durin! the mrri!e by the desi!nted
dministrtor;spouse for the benefit of the +ommunity, or by both spouses, or by one
spouse with the +onsent of the other2
.41 ?ebts nd obli!tions +ontr+ted by either spouse without the +onsent of the other to
the e-tent tht the fmily my hve been benefited2
.61 All t-es, liens, +hr!es nd e-penses, in+ludin! m,or or minor repirs, upon the
+ommunity property2
./1 All t-es nd e-penses for mere preservtion mde durin! mrri!e upon the seprte
property of either spouse used by the fmily2
.91 &-penses to enble either spouse to +ommen+e or +omplete professionl or
vo+tionl +ourse, or other +tivity for self;improvement2
.71 Ante;nuptil debts of either spouse insofr s they hve redounded to the benefit of the
fmily2
.81 $he vlue of wht is donted or promised by both spouses in fvor of their +ommon
le!itimte +hildren for the e-+lusive purpose of +ommen+in! or +ompletin! professionl
or vo+tionl +ourse or other +tivity for self;improvement2
.=1 Ante;nuptil debts of either spouse other thn those fllin! under pr!rph .71 of this
Arti+le, the support of ille!itimte +hildren of either spouse, nd libilities in+urred by
either spouse by reson of +rime or *usi;deli+t, in +se of bsen+e or insuffi+ien+y of
the e-+lusive property of the debtor;spouse, the pyment of whi+h shll be +onsidered s
dvn+es to be dedu+ted from the shre of the debtor;spouse upon li*uidtion of the
+ommunity2 nd
.)<1 &-penses of liti!tion between the spouses unless the suit is found to be !roundless.
If the +ommunity property is insuffi+ient to +over the fore!oin! libilities, e-+ept those fllin!
under pr!rph .=1, the spouses shll be solidrily lible for the unpid bln+e with their
seprte properties. .)9), )90, )94, 0<0;0</1

Art. =/. >htever my be lost durin! the mrri!e in ny !me of +hn+e, bettin!, sweepst5es,
or ny other 5ind of !mblin!, whether permitted or prohibited by lw, shll be borne by the loser
nd shll not be +hr!ed to the +ommunity but ny winnin!s therefrom shll form prt of the
+ommunity property. .)961
@e+tion 6. Ownership, Administrtive,
&n,oyment nd ?isposition of the Community Property
Art. =9. $he dministrtion nd en,oyment of the +ommunity property shll belon! to both
spouses ,ointly. In +se of dis!reement, the husbnd:s de+ision shll previl, sub,e+t to re+ourse
to the +ourt by the wife for proper remedy, whi+h must be viled of within five yers from the
dte of the +ontr+t implementin! su+h de+ision.
In the event tht one spouse is in+p+itted or otherwise unble to prti+ipte in the
dministrtion of the +ommon properties, the other spouse my ssume sole powers of
dministrtion. $hese powers do not in+lude disposition or en+umbrn+e without uthority of the
+ourt or the written +onsent of the other spouse. In the bsen+e of su+h uthority or +onsent, the
disposition or en+umbrn+e shll be void. Aowever, the trns+tion shll be +onstrued s
+ontinuin! offer on the prt of the +onsentin! spouse nd the third person, nd my be perfe+ted
s bindin! +ontr+t upon the ++eptn+e by the other spouse or uthori3tion by the +ourt before
the offer is withdrwn by either or both offerors. .0<91
Art. =7. &ither spouse my dispose by will of his or her interest in the +ommunity property. .n1
Art. =8. Neither spouse my donte ny +ommunity property without the +onsent of the other.
Aowever, either spouse my, without the +onsent of the other, m5e moderte dontions from the
+ommunity property for +hrity or on o++sions of fmily re,oi+in! or fmily distress. .n1
@e+tion /. ?issolution of Absolute Community Re!ime
Art. ==. $he bsolute +ommunity termintes#
.)1 Upon the deth of either spouse2
.01 >hen there is de+ree of le!l seprtion2
.41 >hen the mrri!e is nnulled or de+lred void2 or
.61 In +se of ,udi+il seprtion of property durin! the mrri!e under Arti+les )46 to
)48. .)7/1
Art. )<<. $he seprtion in f+t between husbnd nd wife shll not ffe+t the re!ime of bsolute
+ommunity e-+ept tht#
.)1 $he spouse who leves the +on,u!l home or refuses to live therein, without ,ust +use,
shll not hve the ri!ht to be supported2
.01 >hen the +onsent of one spouse to ny trns+tion of the other is re*uired by lw,
,udi+il uthori3tion shll be obtined in summry pro+eedin!2
.41 In the bsen+e of suffi+ient +ommunity property, the seprte property of both spouses
shll be solidrily lible for the support of the fmily. $he spouse present shll, upon
proper petition in summry pro+eedin!, be !iven ,udi+il uthority to dminister or
en+umber ny spe+ifi+ seprte property of the other spouse nd use the fruits or pro+eeds
thereof to stisfy the ltter:s shre. .)781
Art. )<). If spouse without ,ust +use bndons the other or fils to +omply with his or her
obli!tions to the fmily, the !!rieved spouse my petition the +ourt for re+eivership, for ,udi+il
seprtion of property or for uthority to be the sole dministrtor of the bsolute +ommunity,
sub,e+t to su+h pre+utionry +onditions s the +ourt my impose.
$he obli!tions to the fmily mentioned in the pre+edin! pr!rph refer to mritl, prentl or
property reltions.
A spouse is deemed to hve bndoned the other when her or she hs left the +on,u!l dwellin!
without intention of returnin!. $he spouse who hs left the +on,u!l dwellin! for period of three
months or hs filed within the sme period to !ive ny informtion s to his or her wherebouts
shll be prim f+ie presumed to hve no intention of returnin! to the +on,u!l dwellin!. .)781
@e+tion 9. %i*uidtion of the Absolute Community
Assets nd %ibilities
Art. )<0. Upon dissolution of the bsolute +ommunity re!ime, the followin! pro+edure shll
pply#
.)1 An inventory shll be prepred, listin! seprtely ll the properties of the bsolute
+ommunity nd the e-+lusive properties of e+h spouse.
.01 $he debts nd obli!tions of the bsolute +ommunity shll be pid out of its ssets. In
+se of insuffi+ien+y of sid ssets, the spouses shll be solidrily lible for the unpid
bln+e with their seprte properties in ++ordn+e with the provisions of the se+ond
pr!rph of Arti+le =6.
.41 >htever remins of the e-+lusive properties of the spouses shll therefter be
delivered to e+h of them.
.61 $he net reminder of the properties of the bsolute +ommunity shll +onstitute its net
ssets, whi+h shll be divided e*ully between husbnd nd wife, unless different
proportion or division ws !reed upon in the mrri!e settlements, or unless there hs
been voluntry wiver of su+h shre provided in this Code. "or purpose of +omputin!
the net profits sub,e+t to forfeiture in ++ordn+e with Arti+les 64, No. .01 nd 94, No. .01,
the sid profits shll be the in+rese in vlue between the mr5et vlue of the +ommunity
property t the time of the +elebrtion of the mrri!e nd the mr5et vlue t the time of
its dissolution.
./1 $he presumptive le!itimes of the +ommon +hildren shll be delivered upon prtition,
in ++ordn+e with Arti+le /).
.91 Unless otherwise !reed upon by the prties, in the prtition of the properties, the
+on,u!l dwellin! nd the lot on whi+h it is situted shll be d,udi+ted to the spouse
with whom the m,ority of the +ommon +hildren +hoose to remin. Children below the
!e of seven yers re deemed to hve +hosen the mother, unless the +ourt hs de+ided
otherwise. In +se there in no su+h m,ority, the +ourt shll de+ide, t5in! into
+onsidertion the best interests of sid +hildren. .n1
Art. )<4. Upon the termintion of the mrri!e by deth, the +ommunity property shll be
li*uidted in the sme pro+eedin! for the settlement of the estte of the de+esed.
If no ,udi+il settlement pro+eedin! is instituted, the survivin! spouse shll li*uidte the
+ommunity property either ,udi+illy or e-tr;,udi+illy within si- months from the deth of the
de+esed spouse. If upon the lpse of the si- months period, no li*uidtion is mde, ny
disposition or en+umbrn+e involvin! the +ommunity property of the terminted mrri!e shll
be void.
@hould the survivin! spouse +ontr+t subse*uent mrri!e without +omplin+e with the
fore!oin! re*uirements, mndtory re!ime of +omplete seprtion of property shll !overn the
property reltions of the subse*uent mrri!e. .n1
Art. )<6. >henever the li*uidtion of the +ommunity properties of two or more mrri!es
+ontr+ted by the sme person before the effe+tivity of this Code is +rried out simultneously,
the respe+tive +pitl, fruits nd in+ome of e+h +ommunity shll be determined upon su+h proof
s my be +onsidered ++ordin! to the rules of eviden+e. In +se of doubt s to whi+h +ommunity
the e-istin! properties belon!, the sme shll be divided between the different +ommunities in
proportion to the +pitl nd durtion of e+h. .)8=1
Chpter 6. Con,u!l Prtnership of (ins
@e+tion ). (enerl Provisions
Art. )</. In +se the future spouses !ree in the mrri!e settlements tht the re!ime of +on,u!l
prtnership !ins shll !overn their property reltions durin! mrri!e, the provisions in this
Chpter shll be of supplementry ppli+tion.
$he provisions of this Chpter shll lso pply to +on,u!l prtnerships of !ins lredy
estblished between spouses before the effe+tivity of this Code, without pre,udi+e to vested ri!hts
lredy +*uired in ++ordn+e with the Civil Code or other lws, s provided in Arti+le 0/9. .n1
Art. )<9. Under the re!ime of +on,u!l prtnership of !ins, the husbnd nd wife pl+e in
+ommon fund the pro+eeds, produ+ts, fruits nd in+ome from their seprte properties nd those
+*uired by either or both spouses throu!h their efforts or by +hn+e, nd, upon dissolution of the
mrri!e or of the prtnership, the net !ins or benefits obtined by either or both spouses shll
be divided e*ully between them, unless otherwise !reed in the mrri!e settlements. .)601
Art. )<7. $he rules provided in Arti+les 88 nd 8= shll lso pply to +on,u!l prtnership of
!ins. .n1
Art. )<8. $he +on,u!l prtnership shll be !overned by the rules on the +ontr+t of prtnership in
ll tht is not in +onfli+t with wht is e-pressly determined in this Chpter or by the spouses in
their mrri!e settlements. .)671
@e+tion 0. &-+lusive Property of &+h @pouse
Art. )<=. $he followin! shll be the e-+lusive property of e+h spouse#
.)1 $ht whi+h is brou!ht to the mrri!e s his or her own2
.01 $ht whi+h e+h +*uires durin! the mrri!e by !rtuitous title2
.41 $ht whi+h is +*uired by ri!ht of redemption, by brter or by e-+hn!e with property
belon!in! to only one of the spouses2 nd
.61 $ht whi+h is pur+hsed with e-+lusive money of the wife or of the husbnd. .)681
Art. ))<. $he spouses retin the ownership, possession, dministrtion nd en,oyment of their
e-+lusive properties.
&ither spouse my, durin! the mrri!e, trnsfer the dministrtion of his or her e-+lusive
property to the other by mens of publi+ instrument, whi+h shll be re+orded in the re!istry of
property of the pl+e the property is lo+ted. .)47, )98, )9=1
Art. ))). A spouse of !e my mort!!e, en+umber, liente or otherwise dispose of his or her
e-+lusive property, without the +onsent of the other spouse, nd pper lone in +ourt to liti!te
with re!rd to the sme. .n1
Art. ))0. $he liention of ny e-+lusive property of spouse dministered by the other
utomti+lly termintes the dministrtion over su+h property nd the pro+eeds of the liention
shll be turned over to the owner;spouse. .n1
Art. ))4. Property donted or left by will to the spouses, ,ointly nd with desi!ntion of
determinte shres, shll pertin to the donee;spouses s his or her own e-+lusive property, nd in
the bsen+e of desi!ntion, shre nd shre li5e, without pre,udi+e to the ri!ht of ++retion when
proper. .)/<1
Art. ))6. If the dontions re onerous, the mount of the +hr!es shll be borne by the e-+lusive
property of the donee spouse, whenever they hve been dvn+ed by the +on,u!l prtnership of
!ins. .)/)1
Art. ))/. Retirement benefits, pensions, nnuities, !rtuities, usufru+ts nd similr benefits shll
be !overned by the rules on !rtuitous or onerous +*uisitions s my be proper in e+h +se. .n1
@e+tion 4. Con,u!l Prtnership Property
Art. ))9. All property +*uired durin! the mrri!e, whether the +*uisition ppers to hve been
mde, +ontr+ted or re!istered in the nme of one or both spouses, is presumed to be +on,u!l
unless the +ontrry is proved. .)9<1
Art. ))7. $he followin! re +on,u!l prtnership properties#
.)1 $hose +*uired by onerous title durin! the mrri!e t the e-pense of the +ommon
fund, whether the +*uisition be for the prtnership, or for only one of the spouses2
.01 $hose obtined from the lbor, industry, wor5 or profession of either or both of the
spouses2
.41 $he fruits, nturl, industril, or +ivil, due or re+eived durin! the mrri!e from the
+ommon property, s well s the net fruits from the e-+lusive property of e+h spouse2
.61 $he shre of either spouse in the hidden tresure whi+h the lw wrds to the finder or
owner of the property where the tresure is found2
./1 $hose +*uired throu!h o++uption su+h s fishin! or huntin!2
.91 %ivesto+5 e-istin! upon the dissolution of the prtnership in e-+ess of the number of
e+h 5ind brou!ht to the mrri!e by either spouse2 nd
.71 $hose whi+h re +*uired by +hn+e, su+h s winnin!s from !mblin! or bettin!.
Aowever, losses therefrom shll be borne e-+lusively by the loser;spouse. .)/4, )/6,
)//, )/=1
Art. ))8. Property bou!ht on instllments pid prtly from e-+lusive funds of either or both
spouses nd prtly from +on,u!l funds belon!s to the buyer or buyers if full ownership ws
vested before the mrri!e nd to the +on,u!l prtnership if su+h ownership ws vested durin!
the mrri!e. In either +se, ny mount dvn+ed by the prtnership or by either or both spouses
shll be reimbursed by the owner or owners upon li*uidtion of the prtnership. .n1
Art. ))=. >henever n mount or +redit pyble within period of time belon!s to one of the
spouses, the sums whi+h my be +olle+ted durin! the mrri!e in prtil pyments or by
instllments on the prin+ipl shll be the e-+lusive property of the spouse. Aowever, interests
fllin! due durin! the mrri!e on the prin+ipl shll belon! to the +on,u!l prtnership. .)/9,
)/71
Art. )0<. $he ownership of improvements, whether for utility or dornment, mde on the seprte
property of the spouses t the e-pense of the prtnership or throu!h the +ts or efforts of either or
both spouses shll pertin to the +on,u!l prtnership, or to the ori!inl owner;spouse, sub,e+t to
the followin! rules#
>hen the +ost of the improvement mde by the +on,u!l prtnership nd ny resultin!
in+rese in vlue re more thn the vlue of the property t the time of the improvement,
the entire property of one of the spouses shll belon! to the +on,u!l prtnership, sub,e+t
to reimbursement of the vlue of the property of the owner;spouse t the time of the
improvement2 otherwise, sid property shll be retined in ownership by the owner;
spouse, li5ewise sub,e+t to reimbursement of the +ost of the improvement.
In either +se, the ownership of the entire property shll be vested upon the
reimbursement, whi+h shll be mde t the time of the li*uidtion of the +on,u!l
prtnership. .)/81
@e+tion 6. Chr!es Upon nd Obli!tions of
the Con,u!l Prtnership
Art. )0). $he +on,u!l prtnership shll be lible for#
.)1 $he support of the spouse, their +ommon +hildren, nd the le!itimte +hildren of either
spouse2 however, the support of ille!itimte +hildren shll be !overned by the provisions
of this Code on @upport2
.01 All debts nd obli!tions +ontr+ted durin! the mrri!e by the desi!nted
dministrtor;spouse for the benefit of the +on,u!l prtnership of !ins, or by both
spouses or by one of them with the +onsent of the other2
.41 ?ebts nd obli!tions +ontr+ted by either spouse without the +onsent of the other to
the e-tent tht the fmily my hve benefited2
.61 All t-es, liens, +hr!es, nd e-penses, in+ludin! m,or or minor repirs upon the
+on,u!l prtnership property2
./1 All t-es nd e-penses for mere preservtion mde durin! the mrri!e upon the
seprte property of either spouse2
.91 &-penses to enble either spouse to +ommen+e or +omplete professionl, vo+tionl,
or other +tivity for self;improvement2
.71 Ante;nuptil debts of either spouse insofr s they hve redounded to the benefit of the
fmily2
.81 $he vlue of wht is donted or promised by both spouses in fvor of their +ommon
le!itimte +hildren for the e-+lusive purpose of +ommen+in! or +ompletin! professionl
or vo+tionl +ourse or other +tivity for self;improvement2 nd
.=1 &-penses of liti!tion between the spouses unless the suit is found to !roundless.
If the +on,u!l prtnership is insuffi+ient to +over the fore!oin! libilities, the spouses shll be
solidrily lible for the unpid bln+e with their seprte properties. .)9)1
Art. )00. $he pyment of personl debts +ontr+ted by the husbnd or the wife before or durin!
the mrri!e shll not be +hr!ed to the +on,u!l properties prtnership e-+ept insofr s they
redounded to the benefit of the fmily.
Neither shll the fines nd pe+uniry indemnities imposed upon them be +hr!ed to the
prtnership.
Aowever, the pyment of personl debts +ontr+ted by either spouse before the mrri!e, tht of
fines nd indemnities imposed upon them, s well s the support of ille!itimte +hildren of either
spouse, my be enfor+ed !inst the prtnership ssets fter the responsibilities enumerted in the
pre+edin! Arti+le hve been +overed, if the spouse who is bound should hve no e-+lusive
property or if it should be insuffi+ient2 but t the time of the li*uidtion of the prtnership, su+h
spouse shll be +hr!ed for wht hs been pid for the purpose bove;mentioned. .)941
Art. )04. >htever my be lost durin! the mrri!e in ny !me of +hn+e or in bettin!,
sweepst5es, or ny other 5ind of !mblin! whether permitted or prohibited by lw, shll be
borne by the loser nd shll not be +hr!ed to the +on,u!l prtnership but ny winnin!s
therefrom shll form prt of the +on,u!l prtnership property. .)961
@e+tion /. Administrtion of the
Con,u!l Prtnership Property
Art. )06. $he dministrtion nd en,oyment of the +on,u!l prtnership shll belon! to both
spouses ,ointly. In +se of dis!reement, the husbnd:s de+ision shll previl, sub,e+t to re+ourse
to the +ourt by the wife for proper remedy, whi+h must be viled of within five yers from the
dte of the +ontr+t implementin! su+h de+ision.
In the event tht one spouse is in+p+itted or otherwise unble to prti+ipte in the
dministrtion of the +on,u!l properties, the other spouse my ssume sole powers of
dministrtion. $hese powers do not in+lude disposition or en+umbrn+e without uthority of the
+ourt or the written +onsent of the other spouse. In the bsen+e of su+h uthority or +onsent, the
disposition or en+umbrn+e shll be void. Aowever, the trns+tion shll be +onstrued s
+ontinuin! offer on the prt of the +onsentin! spouse nd the third person, nd my be perfe+ted
s bindin! +ontr+t upon the ++eptn+e by the other spouse or uthori3tion by the +ourt before
the offer is withdrwn by either or both offerors. .)9/1
Art. )0/. Neither spouse my donte ny +on,u!l prtnership property without the +onsent of the
other. Aowever, either spouse my, without the +onsent of the other, m5e moderte dontions
from the +on,u!l prtnership property for +hrity or on o++sions of fmily re,oi+in! or fmily
distress. .)761
@e+tion 9. ?issolution of Con,u!l Prtnership Re!ime
Art. )09. $he +on,u!l prtnership termintes#
.)1 Upon the deth of either spouse2
.01 >hen there is de+ree of le!l seprtion2
.41 >hen the mrri!e is nnulled or de+lred void2 or
.61 In +se of ,udi+il seprtion of property durin! the mrri!e under Arti+les )46 to
)48. .)7/1
Art. )07. $he seprtion in f+t between husbnd nd wife shll not ffe+t the re!ime of +on,u!l
prtnership, e-+ept tht#
.)1 $he spouse who leves the +on,u!l home or refuses to live therein, without ,ust +use,
shll not hve the ri!ht to be supported2
.01 >hen the +onsent of one spouse to ny trns+tion of the other is re*uired by lw,
,udi+il uthori3tion shll be obtined in summry pro+eedin!2
.41 In the bsen+e of suffi+ient +on,u!l prtnership property, the seprte property of both
spouses shll be solidrily lible for the support of the fmily. $he spouse present shll,
upon petition in summry pro+eedin!, be !iven ,udi+il uthority to dminister or
en+umber ny spe+ifi+ seprte property of the other spouse nd use the fruits or pro+eeds
thereof to stisfy the ltter:s shre. .)781
Art. )08. If spouse without ,ust +use bndons the other or fils to +omply with his or her
obli!tion to the fmily, the !!rieved spouse my petition the +ourt for re+eivership, for ,udi+il
seprtion of property, or for uthority to be the sole dministrtor of the +on,u!l prtnership
property, sub,e+t to su+h pre+utionry +onditions s the +ourt my impose.
$he obli!tions to the fmily mentioned in the pre+edin! pr!rph refer to mritl, prentl or
property reltions.
A spouse is deemed to hve bndoned the other when he or she hs left the +on,u!l dwellin!
without intention of returnin!. $he spouse who hs left the +on,u!l dwellin! for period of three
months or hs filed within the sme period to !ive ny informtion s to his or her wherebouts
shll be prim f+ie presumed to hve no intention of returnin! to the +on,u!l dwellin!. .)97,
)=)1
@e+tion 7. %i*uidtion of the
Con,u!l Prtnership Assets nd %ibilities
Art. )0=. Upon the dissolution of the +on,u!l prtnership re!ime, the followin! pro+edure shll
pply#
.)1 An inventory shll be prepred, listin! seprtely ll the properties of the +on,u!l
prtnership nd the e-+lusive properties of e+h spouse.
.01 Amounts dvn+ed by the +on,u!l prtnership in pyment of personl debts nd
obli!tions of either spouse shll be +redited to the +on,u!l prtnership s n sset
thereof.
.41 &+h spouse shll be reimbursed for the use of his or her e-+lusive funds in the
+*uisition of property or for the vlue of his or her e-+lusive property, the ownership of
whi+h hs been vested by lw in the +on,u!l prtnership.
.61 $he debts nd obli!tions of the +on,u!l prtnership shll be pid out of the +on,u!l
ssets. In +se of insuffi+ien+y of sid ssets, the spouses shll be solidrily lible for the
unpid bln+e with their seprte properties, in ++ordn+e with the provisions of
pr!rph .01 of Arti+le )0).
./1 >htever remins of the e-+lusive properties of the spouses shll therefter be
delivered to e+h of them.
.91 Unless the owner hd been indemnified from whtever sour+e, the loss or deteriortion
of movbles used for the benefit of the fmily, belon!in! to either spouse, even due to
fortuitous event, shll be pid to sid spouse from the +on,u!l funds, if ny.
.71 $he net reminder of the +on,u!l prtnership properties shll +onstitute the profits,
whi+h shll be divided e*ully between husbnd nd wife, unless different proportion or
division ws !reed upon in the mrri!e settlements or unless there hs been voluntry
wiver or forfeiture of su+h shre s provided in this Code.
.81 $he presumptive le!itimes of the +ommon +hildren shll be delivered upon the
prtition in ++ordn+e with Arti+le /).
.=1 In the prtition of the properties, the +on,u!l dwellin! nd the lot on whi+h it is
situted shll, unless otherwise !reed upon by the prties, be d,udi+ted to the spouse
with whom the m,ority of the +ommon +hildren +hoose to remin. Children below the
!e of seven yers re deemed to hve +hosen the mother, unless the +ourt hs de+ided
otherwise. In +se there is no su+h m,ority, the +ourt shll de+ide, t5in! into
+onsidertion the best interests of sid +hildren. .)8), )80, )84, )86, )8/1
Art. )4<. Upon the termintion of the mrri!e by deth, the +on,u!l prtnership property shll
be li*uidted in the sme pro+eedin! for the settlement of the estte of the de+esed.
If no ,udi+il settlement pro+eedin! is instituted, the survivin! spouse shll li*uidte the +on,u!l
prtnership property either ,udi+illy or e-tr;,udi+illy within si- months from the deth of the
de+esed spouse. If upon the lpse of the si-;month period no li*uidtion is mde, ny disposition
or en+umbrn+e involvin! the +on,u!l prtnership property of the terminted mrri!e shll be
void.
@hould the survivin! spouse +ontr+t subse*uent mrri!e without +omplin+e with the
fore!oin! re*uirements, mndtory re!ime of +omplete seprtion of property shll !overn the
property reltions of the subse*uent mrri!e. .n1
Art. )4). >henever the li*uidtion of the +on,u!l prtnership properties of two or more
mrri!es +ontr+ted by the sme person before the effe+tivity of this Code is +rried out
simultneously, the respe+tive +pitl, fruits nd in+ome of e+h prtnership shll be determined
upon su+h proof s my be +onsidered ++ordin! to the rules of eviden+e. In +se of doubt s to
whi+h prtnership the e-istin! properties belon!, the sme shll be divided between the different
prtnerships in proportion to the +pitl nd durtion of e+h. .)8=1
Art. )40. $he Rules of Court on the dministrtion of esttes of de+esed persons shll be
observed in the pprisl nd sle of property of the +on,u!l prtnership, nd other mtters
whi+h re not e-pressly determined in this Chpter. .)871
Art. )44. "rom the +ommon mss of property support shll be !iven to the survivin! spouse nd
to the +hildren durin! the li*uidtion of the inventoried property nd until wht belon!s to them is
delivered2 but from this shll be dedu+ted tht mount re+eived for support whi+h e-+eeds the
fruits or rents pertinin! to them. .)881
Chpter /. @eprtion of Property of the
@pouses nd Administrtion of Common Property by
One @pouse ?urin! the 'rri!e
Art. )46. In the bsen+e of n e-press de+lrtion in the mrri!e settlements, the seprtion of
property between spouses durin! the mrri!e shll not t5e pl+e e-+ept by ,udi+il order. @u+h
,udi+il seprtion of property my either be voluntry or for suffi+ient +use. .)=<1
Art. )4/. Any of the followin! shll be +onsidered suffi+ient +use for ,udi+il seprtion of
property#
.)1 $ht the spouse of the petitioner hs been senten+ed to penlty whi+h +rries with it
+ivil interdi+tion2
.01 $ht the spouse of the petitioner hs been ,udi+illy de+lred n bsentee2
.41 $ht loss of prentl uthority of the spouse of petitioner hs been de+reed by the
+ourt2
.61 $ht the spouse of the petitioner hs bndoned the ltter or filed to +omply with his
or her obli!tions to the fmily s provided for in Arti+le )<)2
./1 $ht the spouse !rnted the power of dministrtion in the mrri!e settlements hs
bused tht power2 nd
.91 $ht t the time of the petition, the spouses hve been seprted in f+t for t lest one
yer nd re+on+ilition is hi!hly improbble.
In the +ses provided for in Numbers .)1, .01 nd .41, the presenttion of the finl ,ud!ment
!inst the !uilty or bsent spouse shll be enou!h bsis for the !rnt of the de+ree of ,udi+il
seprtion of property. .)=)1
Art. )49. $he spouses my ,ointly file verified petition with the +ourt for the voluntry
dissolution of the bsolute +ommunity or the +on,u!l prtnership of !ins, nd for the seprtion
of their +ommon properties.
All +reditors of the bsolute +ommunity or of the +on,u!l prtnership of !ins, s well s the
personl +reditors of the spouse, shll be listed in the petition nd notified of the filin! thereof.
$he +ourt shll t5e mesures to prote+t the +reditors nd other persons with pe+uniry interest.
.)=)1
Art. )47. On+e the seprtion of property hs been de+reed, the bsolute +ommunity or the
+on,u!l prtnership of !ins shll be li*uidted in +onformity with this Code.
?urin! the penden+y of the pro+eedin!s for seprtion of property, the bsolute +ommunity or the
+on,u!l prtnership shll py for the support of the spouses nd their +hildren. .)=01
Art. )48. After dissolution of the bsolute +ommunity or of the +on,u!l prtnership, the
provisions on +omplete seprtion of property shll pply. .)=)1
Art. )4=. $he petition for seprtion of property nd the finl ,ud!ment !rntin! the sme shll be
re+orded in the proper lo+l +ivil re!istries nd re!istries of property. .)=41
Art. )6<. $he seprtion of property shll not pre,udi+e the ri!hts previously +*uired by
+reditors. .)=61
Art. )6). $he spouses my, in the sme pro+eedin!s where seprtion of property ws de+reed,
file motion in +ourt for de+ree revivin! the property re!ime tht e-isted between them before
the seprtion of property in ny of the followin! instn+es#
.)1 >hen the +ivil interdi+tion termintes2
.01 >hen the bsentee spouse reppers2
.41 >hen the +ourt, bein! stisfied tht the spouse !rnted the power of dministrtion in
the mrri!e settlements will not !in buse tht power, uthori3es the resumption of
sid dministrtion2
.61 >hen the spouse who hs left the +on,u!l home without de+ree of le!l seprtion
resumes +ommon life with the other2
./1 >hen prentl uthority is ,udi+illy restored to the spouse previously deprived
thereof2
.91 >hen the spouses who hve seprted in f+t for t lest one yer, re+on+ile nd
resume +ommon life2 or
.71 >hen fter voluntry dissolution of the bsolute +ommunity of property or +on,u!l
prtnership hs been ,udi+illy de+reed upon the ,oint petition of the spouses, they !ree
to the revivl of the former property re!ime. No voluntry seprtion of property my
therefter be !rnted.
$he revivl of the former property re!ime shll be !overned by Arti+le 97. .)=/1
Art. )60. $he dministrtion of ll +lsses of e-+lusive property of either spouse my be
trnsferred by the +ourt to the other spouse#
.)1 >hen one spouse be+omes the !urdin of the other2
.01 >hen one spouse is ,udi+illy de+lred n bsentee2
.41 >hen one spouse is senten+ed to penlty whi+h +rries with it +ivil interdi+tion2 or
.61 >hen one spouse be+omes fu!itive from ,usti+e or is in hidin! s n ++used in
+riminl +se.
If the other spouse is not *ulified by reson of in+ompeten+e, +onfli+t of interest, or ny other
,ust +use, the +ourt shll ppoint suitble person to be the dministrtor. .n1
Chpter 9. Re!ime of @eprtion of Property
Art. )64. @hould the future spouses !ree in the mrri!e settlements tht their property reltions
durin! mrri!e shll be !overned by the re!ime of seprtion of property, the provisions of this
Chpter shll be suppletory. .0)01
Art. )66. @eprtion of property my refer to present or future property or both. It my be totl or
prtil. In the ltter +se, the property not !reed upon s seprte shll pertin to the bsolute
+ommunity. .0)41
Art. )6/. &+h spouse shll own, dispose of, possess, dminister nd en,oy his or her own
seprte estte, without need of the +onsent of the other. $o e+h spouse shll belon! ll ernin!s
from his or her profession, business or industry nd ll fruits, nturl, industril or +ivil, due or
re+eived durin! the mrri!e from his or her seprte property. .0)61
Art. )69. Coth spouses shll ber the fmily e-penses in proportion to their in+ome, or, in +se of
insuffi+ien+y or defult thereof, to the +urrent mr5et vlue of their seprte properties.
$he libilities of the spouses to +reditors for fmily e-penses shll, however, be solidry. .0)/1
Chpter 7. Property Re!ime of Unions >ithout 'rri!e
Art. )67. >hen mn nd womn who re +p+itted to mrry e+h other, live e-+lusively
with e+h other s husbnd nd wife without the benefit of mrri!e or under void mrri!e,
their w!es nd slries shll be owned by them in e*ul shres nd the property +*uired by both
of them throu!h their wor5 or industry shll be !overned by the rules on +o;ownership.
In the bsen+e of proof to the +ontrry, properties +*uired while they lived to!ether shll be
presumed to hve been obtined by their ,oint efforts, wor5 or industry, nd shll be owned by
them in e*ul shres. "or purposes of this Arti+le, prty who did not prti+ipte in the
+*uisition by the other prty of ny property shll be deemed to hve +ontributed ,ointly in the
+*uisition thereof if the former:s efforts +onsisted in the +re nd mintenn+e of the fmily nd
of the household.
Neither prty +n en+umber or dispose by +ts inter vivos of his or her shre in the property
+*uired durin! +ohbittion nd owned in +ommon, without the +onsent of the other, until fter
the termintion of their +ohbittion.
>hen only one of the prties to void mrri!e is in !ood fith, the shre of the prty in bd fith
in the +o;ownership shll be forfeited in fvor of their +ommon +hildren. In +se of defult of or
wiver by ny or ll of the +ommon +hildren or their des+endnts, e+h v+nt shre shll belon!
to the respe+tive survivin! des+endnts. In the bsen+e of des+endnts, su+h shre shll belon! to
the inno+ent prty. In ll +ses, the forfeiture shll t5e pl+e upon termintion of the
+ohbittion. .)661
Art. )68. In +ses of +ohbittion not fllin! under the pre+edin! Arti+le, only the properties
+*uired by both of the prties throu!h their +tul ,oint +ontribution of money, property, or
industry shll be owned by them in +ommon in proportion to their respe+tive +ontributions. In the
bsen+e of proof to the +ontrry, their +ontributions nd +orrespondin! shres re presumed to be
e*ul. $he sme rule nd presumption shll pply to ,oint deposits of money nd eviden+es of
+redit.
If one of the prties is vlidly mrried to nother, his or her shre in the +o;ownership shll ++rue
to the bsolute +ommunity or +on,u!l prtnership e-istin! in su+h vlid mrri!e. If the prty
who +ted in bd fith is not vlidly mrried to nother, his or her shll be forfeited in the mnner
provided in the lst pr!rph of the pre+edin! Arti+le.
$he fore!oin! rules on forfeiture shll li5ewise pply even if both prties re in bd fith. .)661
$I$%& B
$A& "A'I%G
Chpter ). $he "mily s n Institution
Art. )6=. $he fmily, bein! the foundtion of the ntion, is bsi+ so+il institution whi+h publi+
poli+y +herishes nd prote+ts. Conse*uently, fmily reltions re !overned by lw nd no +ustom,
pr+ti+e or !reement destru+tive of the fmily shll be re+o!ni3ed or !iven effe+t. .0)9, 0)81
Art. /<. "mily reltions in+lude those#
.)1 Cetween husbnd nd wife2
.01 Cetween prents nd +hildren2
.41 Amon! brothers nd sisters, whether of the full or hlf;blood. .0)71
Art. )/). No suit between members of the sme fmily shll prosper unless it should pper from
the verified +omplint or petition tht ernest efforts towrd +ompromise hve been mde, but
tht the sme hve filed. If it is shown tht no su+h efforts were in f+t mde, the sme +se must
be dismissed.
$his rules shll not pply to +ses whi+h my not be the sub,e+t of +ompromise under the Civil
Code. .0001
Chpter 0. $he "mily Aome
Art. )/0. $he fmily home, +onstituted ,ointly by the husbnd nd the wife or by n unmrried
hed of fmily, is the dwellin! house where they nd their fmily reside, nd the lnd on whi+h
it is situted. .0041
Art. )/4. $he fmily home is deemed +onstituted on house nd lot from the time it is o++upied
s fmily residen+e. "rom the time of its +onstitution nd so lon! s ny of its benefi+iries
+tully resides therein, the fmily home +ontinues to be su+h nd is e-empt from e-e+ution,
for+ed sle or tt+hment e-+ept s hereinfter provided nd to the e-tent of the vlue llowed by
lw. .0041
Art. )/6. $he benefi+iries of fmily home re#
.)1 $he husbnd nd wife, or n unmrried person who is the hed of fmily2 nd
.01 $heir prents, s+endnts, des+endnts, brothers nd sisters, whether the reltionship
be le!itimte or ille!itimte, who re livin! in the fmily home nd who depend upon the
hed of the fmily for le!l support. .0091
Art. )//. $he fmily home shll be e-empt from e-e+ution, for+ed sle or tt+hment e-+ept#
.)1 "or nonpyment of t-es2
.01 "or debts in+urred prior to the +onstitution of the fmily home2
.41 "or debts se+ured by mort!!es on the premises before or fter su+h +onstitution2 nd
.61 "or debts due to lborers, me+hni+s, r+hite+ts, builders, mterilmen nd others who
hve rendered servi+e or furnished mteril for the +onstru+tion of the buildin!. .0641
Art. )/9. $he fmily home must be prt of the properties of the bsolute +ommunity or the
+on,u!l prtnership, or of the e-+lusive properties of either spouse with the ltter:s +onsent. It
my lso be +onstituted by n unmrried hed of fmily on his or her own property.
Nevertheless, property tht is the sub,e+t of +onditionl sle on instllments where ownership is
reserved by the vendor only to !urntee pyment of the pur+hse pri+e my be +onstituted s
fmily home. .007, 0081
Art. )/7. $he +tul vlue of the fmily home shll not e-+eed, t the time of its +onstitution, the
mount of the three hundred thousnd pesos in urbn res, nd two hundred thousnd pesos in
rurl res, or su+h mounts s my herefter be fi-ed by lw.
In ny event, if the vlue of the +urren+y +hn!es fter the doption of this Code, the vlue most
fvorble for the +onstitution of fmily home shll be the bsis of evlution.
"or purposes of this Arti+le, urbn res re deemed to in+lude +hrtered +ities nd muni+iplities
whose nnul in+ome t lest e*uls tht le!lly re*uired for +hrtered +ities. All others re
deemed to be rurl res. .04)1
Art. )/8. $he fmily home my be sold, liented, donted, ssi!ned or en+umbered by the owner
or owners thereof with the written +onsent of the person +onstitutin! the sme, the ltter:s spouse,
nd m,ority of the benefi+iries of le!l !e. In +se of +onfli+t, the +ourt shll de+ide. .04/1
Art. )/=. $he fmily home shll +ontinue despite the deth of one or both spouses or of the
unmrried hed of the fmily for period of ten yers or for s lon! s there is minor
benefi+iry, nd the heirs +nnot prtition the sme unless the +ourt finds +ompellin! resons
therefor. $his rule shll pply re!rdless of whoever owns the property or +onstituted the fmily
home. .0481
Art. )9<. >hen +reditor whose +lims is not mon! those mentioned in Arti+le )// obtins
,ud!ment in his fvor, nd he hs resonble !rounds to believe tht the fmily home is +tully
worth more thn the m-imum mount fi-ed in Arti+le )/7, he my pply to the +ourt whi+h
rendered the ,ud!ment for n order dire+tin! the sle of the property under e-e+ution. $he +ourt
shll so order if it finds tht the +tul vlue of the fmily home e-+eeds the m-imum mount
llowed by lw s of the time of its +onstitution. If the in+resed +tul vlue e-+eeds the
m-imum llowed in Arti+le )/7 nd results from subse*uent voluntry improvements introdu+ed
by the person or persons +onstitutin! the fmily home, by the owner or owners of the property, or
by ny of the benefi+iries, the sme rule nd pro+edure shll pply.
At the e-e+ution sle, no bid below the vlue llowed for fmily home shll be +onsidered. $he
pro+eeds shll be pplied first to the mount mentioned in Arti+le )/7, nd then to the libilities
under the ,ud!ment nd the +osts. $he e-+ess, if ny, shll be delivered to the ,ud!ment debtor.
.067, 0681
Art. )9). "or purposes of vilin! of the benefits of fmily home s provided for in this
Chpter, person my +onstitute, or be the benefi+iry of, only one fmily home. .n1
Art. )90. $he provisions in this Chpter shll lso !overn e-istin! fmily residen+es insofr s
sid provisions re ppli+ble. .n1
$I$%& BI
PA$&RNI$G AN? "I%IA$ION
Chpter ). %e!itimte Children
Art. )94. $he filition of +hildren my be by nture or by doption. Nturl filition my be
le!itimte or ille!itimte. .n1
Art. )96. Children +on+eived or born durin! the mrri!e of the prents re le!itimte.
Children +on+eived s result of rtifi+il insemintion of the wife with the sperm of the husbnd
or tht of donor or both re li5ewise le!itimte +hildren of the husbnd nd his wife, provided,
tht both of them uthori3ed or rtified su+h insemintion in written instrument e-e+uted nd
si!ned by them before the birth of the +hild. $he instrument shll be re+orded in the +ivil re!istry
to!ether with the birth +ertifi+te of the +hild. .//, 0/81
Art. )9/. Children +on+eived nd born outside vlid mrri!e re ille!itimte, unless otherwise
provided in this Code. .n1
Art. )99. %e!itim+y of +hild my be impu!ned only on the followin! !rounds#
.)1 $ht it ws physi+lly impossible for the husbnd to hve se-ul inter+ourse with his
wife within the first )0< dys of the 4<< dys whi+h immeditely pre+eded the birth of the
+hild be+use of#
.1 the physi+l in+p+ity of the husbnd to hve se-ul inter+ourse with his wife2
.b1 the f+t tht the husbnd nd wife were livin! seprtely in su+h wy tht
se-ul inter+ourse ws not possible2 or
.+1 serious illness of the husbnd, whi+h bsolutely prevented se-ul inter+ourse2
.01 $ht it is proved tht for biolo!i+l or other s+ientifi+ resons, the +hild +ould not hve
been tht of the husbnd, e-+ept in the instn+e provided in the se+ond pr!rph of
Arti+le )962 or
.41 $ht in +se of +hildren +on+eived throu!h rtifi+il insemintion, the written
uthori3tion or rtifi+tion of either prent ws obtined throu!h mist5e, frud,
violen+e, intimidtion, or undue influen+e. .0//1
Art. )97. $he +hild shll be +onsidered le!itimte lthou!h the mother my hve de+lred !inst
its le!itim+y or my hve been senten+ed s n dulteress. .0/91
Art. )98. If the mrri!e is terminted nd the mother +ontr+ted nother mrri!e within three
hundred dys fter su+h termintion of the former mrri!e, these rules shll !overn in the
bsen+e of proof to the +ontrry#
.)1 A +hild born before one hundred ei!hty dys fter the solemni3tion of the subse*uent
mrri!e is +onsidered to hve been +on+eived durin! the former mrri!e, provided it be
born within three hundred dys fter the termintion of the former mrri!e2
.01 A +hild born fter one hundred ei!hty dys followin! the +elebrtion of the subse*uent
mrri!e is +onsidered to hve been +on+eived durin! su+h mrri!e, even thou!h it be
born within the three hundred dys fter the termintion of the former mrri!e. .0/=1
Art. )9=. $he le!itim+y or ille!itim+y of +hild born fter three hundred dys followin! the
termintion of the mrri!e shll be proved by whoever lle!es su+h le!itim+y or ille!itim+y.
.09)1
Art. )7<. $he +tion to impu!n the le!itim+y of the +hild shll be brou!ht within one yer from
the 5nowled!e of the birth or its re+ordin! in the +ivil re!ister, if the husbnd or, in proper +se,
ny of his heirs, should reside in the +ity or muni+iplity where the birth too5 pl+e or ws
re+orded.
If the husbnd or, in his defult, ll of his heirs do not reside t the pl+e of birth s defined in the
first pr!rph or where it ws re+orded, the period shll be two yers if they should reside in the
Philippines2 nd three yers if brod. If the birth of the +hild hs been +on+eled from or ws
un5nown to the husbnd or his heirs, the period shll be +ounted from the dis+overy or
5nowled!e of the birth of the +hild or of the f+t of re!istrtion of sid birth, whi+hever is erlier.
.0941
Art. )7). $he heirs of the husbnd my impu!n the filition of the +hild within the period
pres+ribed in the pre+edin! rti+le only in the followin! +ses#
.)1 If the husbnd should died before the e-pirtion of the period fi-ed for brin!in! his
+tion2
.01 If he should die fter the filin! of the +omplint without hvin! desisted therefrom2 or
.41 If the +hild ws born fter the deth of the husbnd. .0901
Chpter 0. Proof of "ilition
Art. )70. $he filition of le!itimte +hildren is estblished by ny of the followin!#
.)1 $he re+ord of birth pperin! in the +ivil re!ister or finl ,ud!ment2 or
.01 An dmission of le!itimte filition in publi+ do+ument or privte hndwritten
instrument nd si!ned by the prent +on+erned.
In the bsen+e of the fore!oin! eviden+e, the le!itimte filition shll be
proved by#
.)1 $he open nd +ontinuous possession of the sttus of le!itimte +hild2 or
.01 Any other mens llowed by the Rules of Court nd spe+il lws. .09/, 099, 0971
Art. )74. $he +tion to +lim le!itim+y my be brou!ht by the +hild durin! his or her lifetime
nd shll be trnsmitted to the heirs should the +hild die durin! minority or in stte of insnity.
In these +ses, the heirs shll hve period of five yers within whi+h to institute the +tion.
Art. )76. %e!itimte +hildren shll hve the ri!ht#
.)1 $o ber the surnmes of the fther nd the mother, in +onformity with the provisions of
the Civil Code on @urnmes2
.01 $o re+eive support from their prents, their s+endnts, nd in proper +ses, their
brothers nd sisters, in +onformity with the provisions of this Code on @upport2 nd
.41 $o be entitled to the le!itimte nd other su++essionl ri!hts !rnted to them by the
Civil Code. .0961
Chpter 4. Ille!itimte Children
Art. )7/. Ille!itimte +hildren my estblish their ille!itimte filition in the sme wy nd on the
sme eviden+e s le!itimte +hildren.
$he +tion must be brou!ht within the sme period spe+ified in Arti+le )74, e-+ept when the
+tion is bsed on the se+ond pr!rph of Arti+le )70, in whi+h +se the +tion my be brou!ht
durin! the lifetime of the lle!ed prent. .08=1
Art. )79. Ille!itimte +hildren shll use the surnme nd shll be under the prentl uthority of
their mother, nd shll be entitled to support in +onformity with this Code. $he le!itime of e+h
ille!itimte +hild shll +onsist of one;hlf of the le!itime of le!itimte +hild. &-+ept for this
modifi+tion, ll other provisions in the Civil Code !overnin! su++essionl ri!hts shll remin in
for+e. .0871
Chpter 6. %e!itimted Children
Art. )77. Only +hildren +on+eived nd born outside of wedlo+5 of prents who, t the time of the
+on+eption of the former, were not dis*ulified by ny impediment to mrry e+h other my be
le!itimted. .09=1
Art. )78. %e!itimtion shll t5e pl+e by subse*uent vlid mrri!e between prents. $he
nnulment of voidble mrri!e shll not ffe+t the le!itimtion. .07<1
Art. )7=. %e!itimted +hildren shll en,oy the sme ri!hts s le!itimte +hildren. .0701
Art. )8<. $he effe+ts of le!itimtion shll retro+t to the time of the +hild:s birth. .0741
Art. )8). $he le!itimtion of +hildren who died before the +elebrtion of the mrri!e shll
benefit their des+endnts. .0761
Art. )80. %e!itimtion my be impu!ned only by those who re pre,udi+ed in their ri!hts, within
five yers from the time their +use of +tion ++rues. .07/1
$I$%& BII
A?OP$ION
Art. )84. A person of !e nd in possession of full +ivil +p+ity nd le!l ri!hts my dopt,
provided he is in position to support nd +re for his +hildren, le!itimte or ille!itimte, in
5eepin! with the mens of the fmily.
Only minors my be dopted, e-+ept in the +ses when the doption of person of m,ority !e is
llowed in this $itle.
In ddition, the dopter must be t lest si-teen yers older thn the person to be dopted, unless
the dopter is the prent by nture of the dopted, or is the spouse of the le!itimte prent of the
person to be dopted. .07, &. O. =) nd P? 9<41
Art. )86. $he followin! persons my not dopt#
.)1 $he !urdin with respe+t to the wrd prior to the pprovl of the finl ++ounts
rendered upon the termintion of their !urdinship reltion2
.01 Any person who hs been +onvi+ted of +rime involvin! morl turpitude2
.41 An lien, e-+ept#
.1 A former "ilipino +iti3en who see5s to dopt reltive by +onsn!uinity2
.b1 One who see5s to dopt the le!itimte +hild of his or her "ilipino spouse2 or
.+1 One who is mrried to "ilipino +iti3en nd see5s to dopt ,ointly with his or
her spouse reltive by +onsn!uinity of the ltter.
Aliens not in+luded in the fore!oin! e-+eptions my dopt "ilipino +hildren in ++ordn+e with
the rules on inter;+ountry doptions s my be provided by lw. .08, &. O. =) nd P? 9<41
Art. )8/. Ausbnd nd wife must ,ointly dopt, e-+ept in the followin! +ses#
.)1 >hen one spouse see5s to dopt his own ille!itimte +hild2 or
.01 >hen one spouse see5s to dopt the le!itimte +hild of the other. .0=, &. O. =) nd
P? 9<41
Art. )89. In +se husbnd nd wife ,ointly dopt or one spouse dopts the le!itimte +hild of the
other, ,oint prentl uthority shll be e-er+ised by the spouses in ++ordn+e with this Code.
.0=, &. O. nd P? 9<41
Art. )87. $he followin! my not be dopted#
.)1 A person of le!l !e, unless he or she is +hild by nture of the dopter or his or her
spouse, or, prior to the doption, sid person hs been +onsistently +onsidered nd treted
by the dopter s his or her own +hild durin! minority.
.01 An lien with whose !overnment the Republi+ of the Philippines hs no diplomti+
reltions2 nd
.41 A person who hs lredy been dopted unless su+h doption hs been previously
revo5ed or res+inded. .4<, &. O. =) nd P? 9<41
Art. )88. $he written +onsent of the followin! to the doption shll be ne+essry#
.)1 $he person to be dopted, if ten yers of !e or over,
.01 $he prents by nture of the +hild, the le!l !urdin, or the proper !overnment
instrumentlity2
.41 $he le!itimte nd dopted +hildren, ten yers of !e or over, of the doptin! prent or
prents2
.61 $he ille!itimte +hildren, ten yers of !e or over, of the doptin! prent, if livin! with
sid prent nd the ltter:s spouse, if ny2 nd
./1 $he spouse, if ny, of the person doptin! or to be dopted. .4), &. O. =) nd P?
9<41
Art. )8=. Adoption shll hve the followin! effe+ts#
.)1 "or +ivil purposes, the dopted shll be deemed to be le!itimte +hild of the dopters
nd both shll +*uire the re+ipro+l ri!hts nd obli!tions risin! from the reltionship of
prent nd +hild, in+ludin! the ri!ht of the dopted to use the surnme of the dopters2
.01 $he prentl uthority of the prents by nture over the dopted shll terminte nd be
vested in the dopters, e-+ept tht if the dopter is the spouse of the prent by nture of
the dopted, prentl uthority over the dopted shll be e-er+ised ,ointly by both
spouses2 nd
.41 $he dopted shll remin n intestte heir of his prents nd other blood reltives.
.4=.)1, .41, P? 9<41
Art. )=<. %e!l or intestte su++ession to the estte of the dopted shll be !overned by the
followin! rules#
.)1 %e!itimte nd ille!itimte +hildren nd des+endnts nd the survivin! spouse of the
dopted shll inherit from the dopted, in ++ordn+e with the ordinry rules of le!l or
intestte su++ession2
.01 >hen the prents, le!itimte or ille!itimte, or the le!itimte s+endnts of the
dopted +on+ur with the dopter, they shll divide the entire estte, one;hlf to be
inherited by the prents or s+endnts nd the other hlf, by the dopters2
.41 >hen the survivin! spouse or the ille!itimte +hildren of the dopted +on+ur with the
dopters, they shll divide the entire estte in e*ul shres, one;hlf to be inherited by the
spouse or the ille!itimte +hildren of the dopted nd the other hlf, by the dopters.
.61 >hen the dopters +on+ur with the ille!itimte +hildren nd the survivin! spouse of
the dopted, they shll divide the entire estte in e*ul shres, one;third to be inherited by
the ille!itimte +hildren, one;third by the survivin! spouse, nd one;third by the dopters2
./1 >hen only the dopters survive, they shll inherit the entire estte2 nd
.91 >hen only +ollterl blood reltives of the dopted survive, then the ordinry rules of
le!l or intestte su++ession shll pply. .4=.61, P? 9<41
Art. )=). If the dopted is minor or otherwise in+p+itted, the doption my be ,udi+illy
res+inded upon petition of ny person uthori3ed by the +ourt or proper !overnment instrumentl
+tin! on his behlf, on the sme !rounds pres+ribed for loss or suspension of prentl uthority.
If the dopted is t lest ei!hteen yers of !e, he my petition for ,udi+il res+ission of the
doption on the sme !rounds pres+ribed for disinheritin! n s+endnt. .6<, P? 9<41
Art. )=0. $he dopters my petition the +ourt for the ,udi+il res+ission of the doption in ny of
the followin! +ses#
.)1 If the dopted hs +ommitted ny +t +onstitutin! !round for disinheritin!
des+endnt2 or
.01 >hen the dopted hs bndoned the home of the dopters durin! minority for t lest
one yer, or, by some other +ts, hs definitely repudited the doption. .6), P? 9<41
Art. )=4. If the dopted minor hs not re+hed the !e of m,ority t the time of the ,udi+il
res+ission of the doption, the +ourt in the sme pro+eedin! shll reinstte the prentl uthority
of the prents by nture, unless the ltter re dis*ulified or in+p+itted, in whi+h +se the +ourt
shll ppoint !urdin over the person nd property of the minor. If the dopted person is
physi+lly or mentlly hndi+pped, the +ourt shll ppoint in the sme pro+eedin! !urdin
over his person or property or both.
Hudi+il res+ission of the doption shll e-tin!uish ll re+ipro+l ri!hts nd obli!tions between
the dopters nd the dopted risin! from the reltionship of prent nd +hild. $he dopted shll
li5ewise lose the ri!ht to use the surnmes of the dopters nd shll resume his surnme prior to
the doption.
$he +ourt shll ++ordin!ly order the mendment of the re+ords in the proper re!istries. .60, P?
9<41
$I$%& BIII
@UPPOR$
Art. )=6. @upport +omprises everythin! indispensble for sustenn+e, dwellin!, +lothin!, medi+l
ttendn+e, edu+tion nd trnsporttion, in 5eepin! with the finn+il +p+ity of the fmily.
$he edu+tion of the person entitled to be supported referred to in the pre+edin! pr!rph shll
in+lude his s+hoolin! or trinin! for some profession, trde or vo+tion, even beyond the !e of
m,ority. $rnsporttion shll in+lude e-penses in !oin! to nd from s+hool, or to nd from pl+e
of wor5. .0=<1
Art. )</. @ub,e+t to the provisions of the su++eedin! rti+les, the followin! re obli!ed to support
e+h other to the whole e-tent set forth in the pre+edin! rti+le#
.)1 $he spouses2
.01 %e!itimte s+endnts nd des+endnts2
.41 Prents nd their le!itimte +hildren nd the le!itimte nd ille!itimte +hildren of the
ltter2
.61 Prents nd their ille!itimte +hildren nd the le!itimte nd ille!itimte +hildren of
the ltter2 nd
./1 %e!itimte brothers nd sisters, whether of full or hlf;blood .0=)1
Art. )=9. Crothers nd sisters not le!itimtely relted, whether of the full or hlf;blood, re
li5ewise bound to support e+h other to the full e-tent set forth in Arti+le )=6, e-+ept only when
the need for support of the brother or sister, bein! of !e, is due to +use imputble to the
+limnt:s fult or ne!li!en+e. .0=)1
Art. )=7. In +se of le!itimte s+endnts2 des+endnts, whether le!itimte or ille!itimte2 nd
brothers nd sisters, whether le!itimtely or ille!itimtely relted, only the seprte property of
the person obli!ed to !ive support shll be nswerble provided tht in +se the obli!or hs no
seprte property, the bsolute +ommunity or the +on,u!l prtnership, if finn+illy +pble,
shll dvn+e the support, whi+h shll be dedu+ted from the shre of the spouse obli!ed upon the
li*uidtion of the bsolute +ommunity or of the +on,u!l prtnership. .n1
Art. )=8. ?urin! the pro+eedin!s for le!l seprtion or for nnulment of mrri!e, nd for
de+lrtion of nullity of mrri!e, the spouses nd their +hildren shll be supported from the
properties of the bsolute +ommunity or the +on,u!l prtnership. After the finl ,ud!ment
!rntin! the petition, the obli!tion of mutul support between the spouses +eses. Aowever, in
+se of le!l seprtion, the +ourt my order tht the !uilty spouse shll !ive support to the
inno+ent one, spe+ifyin! the terms of su+h order. .0=01
Art. )==. >henever two or more persons re obli!ed to !ive support, the libility shll devolve
upon the followin! persons in the order herein provided#
.)1 $he spouse2
.01 $he des+endnts in the nerest de!ree2
.41 $he s+endnts in the nerest de!ree2 nd
.61 $he brothers nd sisters. .0=61
Art. 0<<. >hen the obli!tion to !ive support flls upon two or more persons, the pyment of the
sme shll be divided between them in proportion to the resour+es of e+h.
Aowever, in +se of ur!ent need nd by spe+il +ir+umstn+es, the ,ud!e my order only one of
them to furnish the support provisionlly, without pre,udi+e to his ri!ht to +lim from the other
obli!ors the shre due from them.
>hen two or more re+ipients t the sme time +lim support from one nd the sme person
le!lly obli!ed to !ive it, should the ltter not hve suffi+ient mens to stisfy ll +lims, the
order estblished in the pre+edin! rti+le shll be followed, unless the +on+urrent obli!ees should
be the spouse nd +hild sub,e+t to prentl uthority, in whi+h +se the +hild shll be preferred.
.0=/1
Art. 0<). $he mount of support, in the +ses referred to in Arti+les )=/ nd )=9, shll be in
proportion to the resour+es or mens of the !iver nd to the ne+essities of the re+ipient. .0=91
Art. 0<0. @upport in the +ses referred to in the pre+edin! rti+le shll be redu+ed or in+resed
proportiontely, ++ordin! to the redu+tion or in+rese of the ne+essities of the re+ipient nd the
resour+es or mens of the person obli!ed to furnish the sme. .0=71
Art. 0<4. $he obli!tion to !ive support shll be demndble from the time the person who hs
ri!ht to re+eive the sme needs it for mintenn+e, but it shll not be pid e-+ept from the dte of
,udi+il or e-tr;,udi+il demnd.
@upport pendente lite my be +limed in ++ordn+e with the Rules of Court.
Pyment shll be mde within the first five dys of e+h +orrespondin! month or when the
re+ipient dies, his heirs shll not be obli!ed to return wht he hs re+eived in dvn+e. .0=81
Art. 0<6. $he person obli!ed to !ive support shll hve the option to fulfill the obli!tion either
by pyin! the llown+e fi-ed, or by re+eivin! nd mintinin! in the fmily dwellin! the person
who hs ri!ht to re+eive support. $he ltter lterntive +nnot be viled of in +se there is
morl or le!l obst+le thereto. .0==1
Art. 0</. $he ri!ht to re+eive support under this $itle s well s ny money or property obtined
s su+h support shll not be levied upon on tt+hment or e-e+ution. .4<01
Art. 0<9. >hen, without the 5nowled!e of the person obli!ed to !ive support, it is !iven by
strn!er, the ltter shll hve ri!ht to +lim the sme from the former, unless it ppers tht he
!ve it without intention of bein! reimbursed. .0)961
Art. 0<7. >hen the person obli!ed to support nother un,ustly refuses or fils to !ive support
when ur!ently needed by the ltter, ny third person my furnish support to the needy individul,
with ri!ht of reimbursement from the person obli!ed to !ive support. $his Arti+le shll
prti+ulrly pply when the fther or mother of +hild under the !e of m,ority un,ustly refuses
to support or fils to !ive support to the +hild when ur!ently needed. .0)991
Art. 0<8. In +se of +ontr+tul support or tht !iven by will, the e-+ess in mount beyond tht
re*uired for le!l support shll be sub,e+t to levy on tt+hment or e-e+ution.
"urthermore, +ontr+tul support shll be sub,e+t to d,ustment whenever modifi+tion is
ne+essry due to +hn!es of +ir+umstn+es mnifestly beyond the +ontempltion of the prties.
.n1
$I$%& IF
PAR&N$A% AU$AORI$G
Chpter ). (enerl Provisions
Art. 0<=. Pursunt to the nturl ri!ht nd duty of prents over the person nd property of their
unemn+ipted +hildren, prentl uthority nd responsibility shll in+lude the +rin! for nd
rerin! them for +ivi+ +ons+iousness nd effi+ien+y nd the development of their morl, mentl
nd physi+l +hr+ter nd well;bein!. .n1
Art. 0)<. Prentl uthority nd responsibility my not be renoun+ed or trnsferred e-+ept in the
+ses uthori3ed by lw. .4)41
Art. 0)). $he fther nd the mother shll ,ointly e-er+ise prentl uthority over the persons of
their +ommon +hildren. In +se of dis!reement, the fther:s de+ision shll previl, unless there is
,udi+il order to the +ontrry.
Children shll lwys observe respe+t nd reveren+e towrds their prents nd re obli!ed to obey
them s lon! s the +hildren re under prentl uthority. .4))1
Art. 0)0. In +se of bsen+e or deth of either prent, the prent present shll +ontinue e-er+isin!
prentl uthority. $he remrri!e of the survivin! prent shll not ffe+t the prentl uthority
over the +hildren, unless the +ourt ppoints nother person to be the !urdin of the person or
property of the +hildren. .n1
Art. 0)4. In +se of seprtion of the prents, prentl uthority shll be e-er+ised by the prent
desi!nted by the Court. $he Court shll t5e into ++ount ll relevnt +onsidertions, espe+illy
the +hoi+e of the +hild over seven yers of !e, unless the prent +hosen is unfit. .n1
Art. 0)6. In +se of deth, bsen+e or unsuitbility of the prents, substitute prentl uthority
shll be e-er+ised by the survivin! !rndprent. In +se severl survive, the one desi!nted by the
+ourt, t5in! into ++ount the sme +onsidertion mentioned in the pre+edin! rti+le, shll
e-er+ise the uthority. .4//1
Art. 0)/. No des+endnt shll be +ompelled, in +riminl +se, to testify !inst his prents nd
!rndprents, e-+ept when su+h testimony is indispensble in +rime !inst the des+endnt or
by one prent !inst the other. .4)/1
Chpter 0. @ubstitute nd @pe+il Prentl Authority
Art. 0)9. In defult of prents or ,udi+illy ppointed !urdin, the followin! person shll
e-er+ise substitute prentl uthority over the +hild in the order indi+ted#
.)1 $he survivin! !rndprent, s provided in Art. 0)62
.01 $he oldest brother or sister, over twenty;one yers of !e, unless unfit or dis*ulified2
nd
.41 $he +hild:s +tul +ustodin, over twenty;one yers of !e, unless unfit or dis*ulified.
>henever the ppointment or ,udi+il !urdin over the property of the +hild be+omes
ne+essry, the sme order of preferen+e shll be observed. .46=, 4/), 4/61
Art. 0)7. In +se of foundlin!s, bndoned ne!le+ted or bused +hildren nd other +hildren
similrly situted, prentl uthority shll be entrusted in summry ,udi+il pro+eedin!s to heds
of +hildren:s homes, orphn!es nd similr institutions duly ++redited by the proper
!overnment !en+y. .4)61
Art. 0)8. $he s+hool, its dministrtors nd te+hers, or the individul, entity or institution
en!!ed in +hild re shll hve spe+il prentl uthority nd responsibility over the minor +hild
while under their supervision, instru+tion or +ustody.
Authority nd responsibility shll pply to ll uthori3ed +tivities whether inside or outside the
premises of the s+hool, entity or institution. .46=1
Art. )0=. $hose !iven the uthority nd responsibility under the pre+edin! Arti+le shll be
prin+iplly nd solidrily lible for dm!es +used by the +ts or omissions of the
unemn+ipted minor. $he prents, ,udi+il !urdins or the persons e-er+isin! substitute prentl
uthority over sid minor shll be subsidirily lible.
$he respe+tive libilities of those referred to in the pre+edin! pr!rph shll not pply if it is
proved tht they e-er+ised the proper dili!en+e re*uired under the prti+ulr +ir+umstn+es.
All other +ses not +overed by this nd the pre+edin! rti+les shll be !overned by the provisions
of the Civil Code on *usi;deli+ts. .n1
Chpter 4. &ffe+t of Prentl Authority
Upon the Persons of the Children
Art. 00<. $he prents nd those e-er+isin! prentl uthority shll hve with the respe+t to their
unemn+ipted +hildren on wrds the followin! ri!hts nd duties#
.)1 $o 5eep them in their +ompny, to support, edu+te nd instru+t them by ri!ht pre+ept
nd !ood e-mple, nd to provide for their upbrin!in! in 5eepin! with their mens2
.01 $o !ive them love nd ffe+tion, dvi+e nd +ounsel, +ompnionship nd
understndin!2
.41 $o provide them with morl nd spiritul !uidn+e, in+ul+te in them honesty,
inte!rity, self;dis+ipline, self;relin+e, industry nd thrift, stimulte their interest in +ivi+
ffirs, nd inspire in them +omplin+e with the duties of +iti3enship2
.61 $o furnish them with !ood nd wholesome edu+tionl mterils, supervise their
+tivities, re+retion nd sso+ition with others, prote+t them from bd +ompny, nd
prevent them from +*uirin! hbits detrimentl to their helth, studies nd morls2
./1 $o represent them in ll mtters ffe+tin! their interests2
.91 $o demnd from them respe+t nd obedien+e2
.71 $o impose dis+ipline on them s my be re*uired under the +ir+umstn+es2 nd
.81 $o perform su+h other duties s re imposed by lw upon prents nd !urdins.
.4)91
Art. 00). Prents nd other persons e-er+isin! prentl uthority shll be +ivilly lible for the
in,uries nd dm!es +used by the +ts or omissions of their unemn+ipted +hildren livin! in
their +ompny nd under their prentl uthority sub,e+t to the pproprite defenses provided by
lw. .0)8<.01 nd .61 1
Art. 000. $he +ourts my ppoint !urdin of the +hild:s property or !urdin d litem when
the best interests of the +hild so re*uires. .4)71
Art. 004. $he prents or, in their bsen+e or in+p+ity, the individul, entity or institution
e-er+isin! prentl uthority, my petition the proper +ourt of the pl+e where the +hild resides,
for n order providin! for dis+iplinry mesures over the +hild. $he +hild shll be entitled to the
ssistn+e of +ounsel, either of his +hoi+e or ppointed by the +ourt, nd summry herin! shll
be +ondu+ted wherein the petitioner nd the +hild shll be herd.
Aowever, if in the sme pro+eedin! the +ourt finds the petitioner t fult, irrespe+tive of the
merits of the petition, or when the +ir+umstn+es so wrrnt, the +ourt my lso order the
deprivtion or suspension of prentl uthority or dopt su+h other mesures s it my deem ,ust
nd proper. .4)81
Art. 006. $he mesures referred to in the pre+edin! rti+le my in+lude the +ommitment of the
+hild for not more thn thirty dys in entities or institutions en!!ed in +hild +re or in +hildren:s
homes duly ++redited by the proper !overnment !en+y.
$he prent e-er+isin! prentl uthority shll not interfere with the +re of the +hild whenever
+ommitted but shll provide for his support. Upon proper petition or t its own instn+e, the +ourt
my terminte the +ommitment of the +hild whenever ,ust nd proper. .4=)1
Chpter 6. &ffe+t of Prentl Authority Upon
the Property of the Children
Art. 00/. $he fther nd the mother shll ,ointly e-er+ise le!l !urdinship over the property of
the unemn+ipted +ommon +hild without the ne+essity of +ourt ppointment. In +se of
dis!reement, the fther:s de+ision shll previl, unless there is ,udi+il order to the +ontrry.
>here the mr5et vlue of the property or the nnul in+ome of the +hild e-+eeds P/<,<<<, the
prent +on+erned shll be re*uired to furnish bond in su+h mount s the +ourt my determine,
but not less thn ten per centum .)<I1 of the vlue of the property or nnul in+ome, to !urntee
the performn+e of the obli!tions pres+ribed for !enerl !urdins.
A verified petition for pprovl of the bond shll be filed in the proper +ourt of the pl+e where
the +hild resides, or, if the +hild resides in forei!n +ountry, in the proper +ourt of the pl+e
where the property or ny prt thereof is situted.
$he petition shll be do+5eted s summry spe+il pro+eedin! in whi+h ll in+idents nd issues
re!rdin! the performn+e of the obli!tions referred to in the se+ond pr!rph of this Arti+le
shll be herd nd resolved.
$he ordinry rules on !urdinship shll be merely suppletory e-+ept when the +hild is under
substitute prentl uthority, or the !urdin is strn!er, or prent hs remrried, in whi+h +se
the ordinry rules on !urdinship shll pply. .40<1
Art. 009. $he property of the unemn+ipted +hild erned or +*uired with his wor5 or industry or
by onerous or !rtuitous title shll belon! to the +hild in ownership nd shll be devoted
e-+lusively to the ltter:s support nd edu+tion, unless the title or trnsfer provides otherwise.
$he ri!ht of the prents over the fruits nd in+ome of the +hild:s property shll be limited
primrily to the +hild:s support nd se+ondrily to the +olle+tive dily needs of the fmily. .40),
4041
Art. 007. If the prents entrust the mn!ement or dministrtion of ny of their properties to n
unemn+ipted +hild, the net pro+eeds of su+h property shll belon! to the owner. $he +hild shll
be !iven resonble monthly llown+e in n mount not less thn tht whi+h the owner would
hve pid if the dministrtor were strn!er, unless the owner, !rnts the entire pro+eeds to the
+hild. In ny +se, the pro+eeds thus !ive in whole or in prt shll not be +hr!ed to the +hild:s
le!itime. .4001
Chpter /. @uspension or $ermintion of Prentl Authority
Art. 008. Prentl uthority termintes permnently#
.)1 Upon the deth of the prents2
.01 Upon the deth of the +hild2 or
.41 Upon emn+iption of the +hild. .4071
Art. 00=. Unless subse*uently revived by finl ,ud!ment, prentl uthority lso termintes#
.)1 Upon doption of the +hild2
.01 Upon ppointment of !enerl !urdin2
.41 Upon ,udi+il de+lrtion of bndonment of the +hild in +se filed for the purpose2
.61 Upon finl ,ud!ment of +ompetent +ourt divestin! the prty +on+erned of prentl
uthority2 or
./1 Upon ,udi+il de+lrtion of bsen+e or in+p+ity of the person e-er+isin! prentl
uthority. .4071
Art. 04<. Prentl uthority is suspended upon +onvi+tion of the prent or the person e-er+isin!
the sme of +rime whi+h +rries with it the penlty of +ivil interdi+tion. $he uthority is
utomti+lly reinstted upon servi+e of the penlty or upon prdon or mnesty of the offender.
.44<1
Art. 04). $he +ourt in n +tion filed for the purpose in relted +se my lso suspend prentl
uthority if the prent or the person e-er+isin! the sme#
.)1 $rets the +hild with e-+essive hrshness or +ruelty2
.01 (ives the +hild +orruptin! orders, +ounsel or e-mple2
.41 Compels the +hild to be!2 or
.61 @ub,e+ts the +hild or llows him to be sub,e+ted to +ts of ls+iviousness.
$he !rounds enumerted bove re deemed to in+lude +ses whi+h hve resulted from +ulpble
ne!li!en+e of the prent or the person e-er+isin! prentl uthority.
If the de!ree of seriousness so wrrnts, or the welfre of the +hild so demnds, the +ourt shll
deprive the !uilty prty of prentl uthority or dopt su+h other mesures s my be proper
under the +ir+umstn+es.
$he suspension or deprivtion my be revo5ed nd the prentl uthority revived in +se filed
for the purpose or in the sme pro+eedin! if the +ourt finds tht the +use therefor hs +esed nd
will not be repeted. .441
Art. 040. If the person e-er+isin! prentl uthority hs sub,e+ted the +hild or llowed him to be
sub,e+ted to se-ul buse, su+h person shll be permnently deprived by the +ourt of su+h
uthority. .n1
Art. 044. $he person e-er+isin! substitute prentl uthority shll hve the sme uthority over
the person of the +hild s the prents.
In no +se shll the s+hool dministrtor, te+her of individul en!!ed in +hild +re e-er+isin!
spe+il prentl uthority infli+t +orporl punishment upon the +hild. .n1
$I$%& F
&'ANCIPA$ION AN? A(& O" 'AHORI$G
Art. 046. &mn+iption t5es pl+e by the ttinment of m,ority. Unless otherwise provided,
m,ority +ommen+es t the !e of twenty;one yers.
&mn+iption lso t5es pl+e#
.)1 Cy the mrri!e of the minor2 or
.01 Cy the re+ordin! in the Civil Re!ister of n !reement in publi+ instrument e-e+uted
by the prent e-er+isin! prentl uthority nd the minor t lest ei!hteen yers of !e.
@u+h emn+iption shll be irrevo+ble. .4=7, 4=8, 6<<, 6<)1
Art. 04/. $he provisions !overnin! emn+iption by re+orded !reement shll lso pply to n
orphn minor nd the person e-er+isin! prentl uthority but the !reement must be pproved by
the +ourt before it is re+orded. .n1
Art. 049. &mn+iption for ny +use shll terminte prentl uthority over the person nd
property of the +hild who shll then be *ulified nd responsible for ll +ts of +ivil life. .6)01
Art. 047. $he nnulment or de+lrtion of nullity of the mrri!e of minor or of the re+orded
!reement mentioned in the fore!oin!. Arti+les 046 nd 04/ shll revive the prentl uthority
over the minor but shll not ffe+t +ts nd trns+tions tht too5 pl+e prior to the re+ordin! of
the finl ,ud!ment in the Civil Re!ister. .n1
$I$%& FI
@U''ARG HU?ICIA% PROC&&?IN(@ IN $A& "A'I%G %A>
Chpter ). Preftory Provisions
Art. 048. Until modified by the @upreme Court, the pro+edurl rules provided for in this $itle
shll pply s re!rds seprtion in f+t between husbnd nd wife, bndonment by one of the
other, nd in+idents involvin! prentl uthority. .n1
Chpter 0. @eprtion in "+t
Art. 04=. >hen husbnd nd wife re seprted in f+t, or one hs bndoned the other nd one
of them see5s ,udi+il uthori3tion for trns+tion where the +onsent of the other spouse is
re*uired by lw but su+h +onsent is withheld or +nnot be obtined, verified petition my be
filed in +ourt lle!in! the fore!oin! f+ts.
$he petition shll tt+h the proposed deed, if ny, embodyin! the trns+tion, nd, if none, shll
des+ribe in detil the sid trns+tion nd stte the reson why the re*uired +onsent thereto +nnot
be se+ured. In ny +se, the finl deed duly e-e+uted by the prties shll be submitted to nd
pproved by the +ourt. .n1
Art. 06<. Clims for dm!es by either spouse, e-+ept +osts of the pro+eedin!s, my be liti!ted
only in seprte +tion. .n1
Art. 06). Hurisdi+tion over the petition shll, upon proof of noti+e to the other spouse, be
e-er+ised by the proper +ourt uthori3ed to her fmily +ses, if one e-ists, or in the re!ionl tril
+ourt or its e*uivlent sittin! in the pl+e where either of the spouses resides. .n1
Art. 060. Upon the filin! of the petition, the +ourt shll notify the other spouse, whose +onsent to
the trns+tion is re*uired, of sid petition, orderin! sid spouse to show +use why the petition
should not be !rnted, on or before the dte set in sid noti+e for the initil +onferen+e. $he noti+e
shll be ++ompnied by +opy of the petition nd shll be served t the lst 5nown ddress of
the spouse +on+erned. .n1
Art. 064. A preliminry +onferen+e shll be +ondu+ted by the ,ud!e personlly without the prties
bein! ssisted by +ounsel. After the initil +onferen+e, if the +ourt deems it useful, the prties my
be ssisted by +ounsel t the su++eedin! +onferen+es nd herin!s. .n1
Art. 066. In +se of non;ppern+e of the spouse whose +onsent is sou!ht, the +ourt shll in*uire
into the resons for his filure to pper, nd shll re*uire su+h ppern+e, if possible. .n1
Art. 06/. If, despite ll efforts, the ttendn+e of the non;+onsentin! spouse is not se+ured, the
+ourt my pro+eed e- prte nd render ,ud!ment s the f+ts nd +ir+umstn+es my wrrnt. In
ny +se, the ,ud!e shll endevor to prote+t the interests of the non;pperin! spouse. .n1
Art. 069. If the petition is not resolved t the initil +onferen+e, sid petition shll be de+ided in
summry herin! on the bsis of ffidvits, do+umentry eviden+e or orl testimonies t the
sound dis+retion of the +ourt. If testimony is needed, the +ourt shll spe+ify the witnesses to be
herd nd the sub,e+t;mtter of their testimonies, dire+tin! the prties to present sid witnesses.
.n1
Art. 067. $he ,ud!ment of the +ourt shll be immeditely finl nd e-e+utory. .n1
Art. 068. $he petition for ,udi+il uthority to dminister or en+umber spe+ifi+ seprte property
of the bndonin! spouse nd to use the fruits or pro+eeds thereof for the support of the fmily
shll lso be !overned by these rules. .n1
Chpter 4. In+idents Involvin! Prentl Authority
Art. 06=. Petitions filed under Arti+les 004, 00/ nd 04/ of this Code involvin! prentl uthority
shll be verified. .n1
Art. 0/<. @u+h petitions shll be verified nd filed in the proper +ourt of the pl+e where the +hild
resides. .n1
Art. 0/). Upon the filin! of the petition, the +ourt shll notify the prents or, in their bsen+e or
in+p+ity, the individuls, entities or institutions e-er+isin! prentl uthority over the +hild. .n1
Art. 0/0. $he rules in Chpter 0 hereof shll lso !overn summry pro+eedin!s under this
Chpter insofr s they re ppli+ble. .n1
Chpter 6. Other 'tters @ub,e+t to @ummry Pro+eedin!s
Art. 0/4. $he fore!oin! rules in Chpters 0 nd 4 hereof shll li5ewise !overn summry
pro+eedin!s filed under Arti+les 6), /), 9=, 74, =9, )06 nd )07, insofr s they re ppli+ble.
.n1
$I$%& FII
"INA% PROBI@ION@
Art. 0/6. $itles III, IB, B, BI, BIII, IF, FI, nd FB of Coo5 ) of Republi+ A+t No. 489, otherwise
5nown s the Civil Code of the Philippines, s mended, nd Arti+les )7, )8, )=, 07, 08, 0=, 4<,
4), 4=, 6<, 6), nd 60 of Presidentil ?e+ree No. 9<4, otherwise 5nown s the Child nd Gouth
>elfre Code, s mended, nd ll lws, de+rees, e-e+utive orders, pro+lmtions, rules nd
re!ultions, or prts thereof, in+onsistent herewith re hereby repeled.
Art. 0//. If ny provision of this Code is held invlid, ll the other provisions not ffe+ted thereby
shll remin vlid.
Art. 0/9. $his Code shll hve retro+tive effe+t insofr s it does not pre,udi+e or impir vested
or +*uired ri!hts in ++ordn+e with the Civil Code or other lws.
Art. 0/7. $his Code shll t5e effe+t one yer fter the +ompletion of its publi+tion in
newspper of !enerl +ir+ultion, s +ertified by the &-e+utive @e+retry, Offi+e of the President.
?one in the City of 'nil, this 9th dy of Huly, in the yer of Our %ord, nineteen hundred nd
ei!hty;seven.