K.

Applicability of Penal Laws

Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn
in the Philippine territory, subject to the principles of public international law and to treaty stipulations.
Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by
the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their
execution.
Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public
order, public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)
Art. 2. Application of its provisions. Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against
those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands; chan robles virtual law library
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One
of Book Two of this Code.
L.

Binding effect

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons
are binding upon citizens of the Philippines, even though living abroad. (9a)

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country, except
those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine law.

Art. 16. Real property as well as personal property is subject to the law of the country where it is
stipulated.
However, intestate and testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by

the national law of the person whose succession is under consideration, whatever may be the nature of
the property and regardless of the country wherein said property may be found. (10a)
Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by
the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their
execution.
Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public
order, public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)

III.

PERSONS & PERSONALITY

A. The concept of a person and personality

Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every
natural person and is lost only through death. Capacity to act, which is the power to do acts with legal
effect, is acquired and may be lost. (n)
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are
mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations,
as when the latter arise from his acts or from property relations, such as easements. (32a)
Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity,
imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other
codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief
or political opinion. A married woman, twenty-one years of age or over, is qualified for all acts of civil life,
except in cases specified by law. (n)
B. Commencement and termination of personality
1. Natural Persons
Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes
that are favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered
from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not
deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of the mother and the life of the
unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive the support of the Government.

Article 5. Commencement of Civil Personality. - The civil personality of the child shall commence from the
time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the
Civil Code.
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of
a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them
authorized or ratified such insemination in a written instrument executed and signed by them before the
birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of
the child. (55a, 258a)

Art. 256. Intentional abortion. Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.
3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have
consented.
Art. 257. Unintentional abortion. The penalty of prision correccional in its minimum and medium period
shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.
Art. 258. Abortion practiced by the woman herself of by her parents. The penalty of prision correccional
in its medium and maximum periods shall be imposed upon a woman who shall practice abortion upon
herself or shall consent that any other person should do so. Any woman who shall commit this offense to
conceal her dishonor, shall suffer the penalty of prision correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they act with the
consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty
of prision correccional in its medium and maximum periods.
Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. The penalties
provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or
midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in
causing the same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall
suffer arresto mayor and a fine not exceeding 1,000 pesos.
Art. 42. Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the deceased is determined by law, by contract and
by will. (32a)
Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to
which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the
absence of proof, it is presumed that they died at the same time and there shall be no transmission of
rights from one to the other. (33)
(jj) That except for purposes of succession, when two persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting
from the strength and the age of the sexes, according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to have survived;

2. If both were above the age sixty, the younger is deemed to have survived;
3. If one is under fifteen and the other above sixty, the former is deemed to have
survived;
4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to
have survived, if the sex be the same, the older;
5. If one be under fifteen or over sixty, and the other between those ages, the latter is
deemed to have survived.
(kk) That if there is a doubt, as between two or more persons who are called to succeed each other, as to
which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the
absence of proof, they shall be considered to have died at the same time. (5a)
2. Juridical Persons
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their
personality begins as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law
grants a juridical personality, separate and distinct from that of each shareholder, partner or
member. (35a)
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws
creating or recognizing them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this Code
concerning partnerships. (36 and 37a)
Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and
bring civil or criminal actions, in conformity with the laws and regulations of their organization. (38a)
Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose
mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in pursuance of law
or the charter creating them. If nothing has been specified on this point, the property and other assets
shall be applied to similar purposes for the benefit of the region, province, city or municipality which during
the existence of the institution derived the principal benefits from the same. (39a)
Section 2. Corporation defined. - A corporation is an artificial being created by operation of law, having the
right of succession and the powers, attributes and properties expressly authorized by law or incident to its
existence. (2)

Section 4. Corporations created by special laws or charters. - Corporations created by special laws or
charters shall be governed primarily by the provisions of the special law or charter creating them or
applicable to them, supplemented by the provisions of this Code, insofar as they are applicable. (n)

Section 17. Grounds when articles of incorporation or amendment may be rejected or disapproved. - The
Securities and Exchange Commission may reject the articles of incorporation or disapprove any
amendment thereto if the same is not in compliance with the requirements of this Code: Provided, That
the Commission shall give the incorporators a reasonable time within which to correct or modify the
objectionable portions of the articles or amendment. The following are grounds for such rejection or
disapproval:
1. That the articles of incorporation or any amendment thereto is not substantially in accordance
with the form prescribed herein;
2. That the purpose or purposes of the corporation are patently unconstitutional, illegal, immoral,
or contrary to government rules and regulations;
3. That the Treasurer's Affidavit concerning the amount of capital stock subscribed and/or paid is
false;
4. That the percentage of ownership of the capital stock to be owned by citizens of the Philippines
has not been complied with as required by existing laws or the Constitution.
No articles of incorporation or amendment to articles of incorporation of banks, banking and quasibanking institutions, building and loan associations, trust companies and other financial intermediaries,
insurance companies, public utilities, educational institutions, and other corporations governed by special
laws shall be accepted or approved by the Commission unless accompanied by a favorable
recommendation of the appropriate government agency to the effect that such articles or amendment is in
accordance with law. (n)
Art. 1767. By the contract of partnership two or more persons bind themselves to contribute money,
property, or industry to a common fund, with the intention of dividing the profits among themselves.
Two or more persons may also form a partnership for the exercise of a profession. (1665a)
Art. 1768. The partnership has a judicial personality separate and distinct from that of each of the
partners, even in case of failure to comply with the requirements of Article 1772, first paragraph. (n)
C.

Restrictions on civil capacity

1. Presumption of capacity

Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every
natural person and is lost only through death. Capacity to act, which is the power to do acts with legal
effect, is acquired and may be lost. (n)
2. Restrictions on capacity to act
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are
mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations,
as when the latter arise from his acts or from property relations, such as easements. (32a)

Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity,
imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other
codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief
or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases
specified by law. (n)
Art. 1372. However general the terms of a contract may be, they shall not be understood to comprehend
things that are distinct and cases that are different from those upon which the parties intended to agree.
(1283)
(a) Minority
1. Age of majority
Republic Act No. 6809

December 13, 1989

AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS,

AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, is hereby amended
to read as follows:
"Art. 234. Emancipation takes place by the attainment of majority. Unless otherwise provided,
majority commences at the age of eighteen years."
Section 2. Articles 235 and 237 of the same Code are hereby repealed.
Section 3. Article 236 of the same Code is also hereby amended to read as follows:
"Art. 236. Emancipation shall terminate parental authority over the person and property of the
child who shall then be qualified and responsible for all acts of civil life, save the exceptions
established by existing laws in special cases.
"Contracting marriage shall require parental consent until the age of twenty-one.
"Nothing in this Code shall be construed to derogate from the duty or responsibility of parents and
guardians for children and wards below twenty-one years of age mentioned in the second and
third paragraphs of Article 2180 of the Civil Code."
Section 4. Upon the effectivity of this Act, existing wills, bequests, donations, grants, insurance policies
and similar instruments containing references and provisions favorable to minors will not retroact to their
prejudice.

Section 5. This Act shall take effect upon completion of its publication in at least two (2) newspapers of
general circulation.
Approved: December 13, 1989
2. A.M. NO. 03-02-05-SC Rules on Guardianship
RULE ON GUARDIANSHIP OF MINORS
Section 1. Applicability of the Rule. This Rule shall apply to petitions for guardianship over the person or
property, or both, of a minor. chan robles virtual law library
The father and the mother shall jointly exercise legal guardianship over the person and property of their
unemancipated common child without the necessity of a court appointment. In such case, this Rule shall
be suppletory to the provisions of the Family Code on guardianship.cralaw
Sec. 2. Who may petition for appointment of guardian. On grounds authorized by law, any relative or
other person on behalf of a minor, or the minor himself if fourteen years of age or over, may petition the
Family Court for the appointment of a general guardian over the person or property, or both, of such
minor. The petition may also be filed by the Secretary of Social Welfare and Development and by the
Secretary of Health in the case of an insane minor who needs to be hospitalized. chan robles virtual law
library
Sec. 3. Where to file petition. A petition for guardianship over the person or property, or both, of a minor
may be filed in the Family Court of the province or city where the minor actually resides. If he resides in a
foreign country, the petition shall be flied with the Family Court of the province or city where his property
or any part thereof is situated.cralaw
Sec. 4. Grounds of petition. - The grounds for the appointment of a guardian over the person or property,
or both, of a minor are the following:
(a) death, continued absence, or incapacity of his parents;
(b) suspension, deprivation or termination of parental authority; chan robles virtual law library
(c) remarriage of his surviving parent, if the latter Is found unsuitable to exercise parental authority; or
(d) when the best interests of the minor so require.cralaw
Sec. 5. Qualifications of guardians. In appointing a guardian, the court shall consider the guardians:
(a) moral character; chan robles virtual law library
(b) physical, mental and psychological condition;
(c) financial status;
(d) relationship of trust with the minor; chan robles virtual law library
(e) availability to exercise the powers and duties of a guardian for the full period of the guardianship;
(f) lack of conflict of interest with the minor; and cralaw
(g) ability to manage the property of the minor.cralaw
Sec. 6. Who may be appointed guardian of the person or property, or both, of a minor. In default of
parents or a court-appointed guardian, the court may appoint a guardian of the person or property, or
both, of a minor, observing as far as practicable, the following order of preference:
(a) the surviving grandparent and In case several grandparents survive, the court shall select any of them
taking Into account all relevant considerations;
(b) the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified;
(c) the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and cralaw
(d) any other person, who in the sound discretion of the court, would serve the best interests of the
minor.cralaw
Sec. 7. Contents of petition. A petition for the appointment of a general guardian must allege the
following:
(a) The jurisdictional facts;
(b) The name, age and residence of the prospective ward; chan robles virtual law library
(c) The ground rendering the appointment necessary or convenient; chan robles virtual law library
(d) The death of the parents of the minor or the termination, deprivation or suspension of their parental
authority;
(e) The remarriage of the minors surviving parent;

(f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and of persons
having him in their care and custody;
(g) The probable value, character and location of the property of the minor; and cralaw
(h) The name, age and residence of the person for whom letters of guardianship are prayed.cralaw
The petition shall be verified and accompanied by a certification against forum shopping. However, no
defect in the petition or verification shall render void the issuance of letters of guardianship.
Sec. 8. Time and notice of hearing. When a petition for the appointment of a general guardian is filed,
the court shall fix a time and place for its hearing, and shall cause reasonable notice to be given to the
persons mentioned in the petition, including the minor if he is fourteen years of age or over, and may
direct other general or special notice to be given.cralaw
Sec. 9. Case study report. The court shall order a social worker to conduct a case study of the minor
and all the prospective guardians and submit his report and recommendation to the court for its guidance
before the scheduled hearing. The social worker may intervene on behalf of the minor if he finds that the
petition for guardianship should be denied. chan robles virtual law library
Sec. 10. Opposition to petition. Any interested person may contest the petition by filing a written
opposition based on such grounds as the majority of the minor or the unsuitability of the person for whom
letters are prayed, and pray that the petition be denied, or that letters of guardianship issue to himself, or
to any suitable person named in the opposition.cralaw
Sec. 11. Hearing and order for letters to issue. At the hearing of the petition, it must be shown that the
requirement of notice has been complied with. The prospective ward shall be presented to the court. The
court shall hear the evidence of the parties in support of their respective allegations. If warranted, the
court shall appoint a suitable guardian of the person or property, or both, of the minor. chan robles virtual
law library
At the discretion of the court, the hearing on guardianship may be closed to the public and the records of
the case shall not be released without its approval.cralaw
Sec. 12. When and how a guardian of the property for non-resident minor is appointed; notice. When
the minor resides outside the Philippines but has property in the Philippines, any relative or friend of such
minor, or any one interested in his property, in expectancy or otherwise, may petition the Family Court for
the appointment of a guardian over the property.cralaw
Notice of hearing of the petition shall be given to the minor by publication or any other means as the court
may deem proper. The court may dispense with the presence of the non-resident minor.cralaw
If after hearing the court is satisfied that such non-resident is a minor and a guardian is necessary or
convenient, it may appoint a guardian over his property.chan robles virtual law library
Sec. 13. Service of final and executory judgment or order. The final and executory judgment or order
shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the
Register of Deeds of the place where his property or part thereof is situated shall annotate the same in
the corresponding title, and report to the court his compliance within fifteen days from receipt of the
order.cralaw
Sec. 14. Bond of guardian; amount; conditions. - Before he enters upon the execution of his trust, or
letters of guardianship issue, an appointed guardian may be required to post a bond in such sum as the
court shall determine and conditioned as follows:
(a)
To make and return to the court, within three months after the issuance of his letters of
guardianship, a true and complete Inventory of all the property, real and personal, of his ward which shall
come to his possession or knowledge or to the possession or knowledge of any other person in his
behalf;
(b) To faithfully execute the duties of his trust, to manage and dispose of the property according to this
rule for the best interests of the ward, and to provide for his proper care, custody and education;
(c) To render a true and Just account of all the property of the ward in his hands, and of all proceeds or
interest derived therefrom, and of the management and disposition of the same, at the time designated by
this rule and such other times as the court directs; and at the expiration of his trust, to settle his accounts
with the court and deliver and pay over all the property, effects, and monies remaining in his hands, or
due from him on such settlement, to the person lawfully entitled thereto; and chan robles virtual law library
(d) To perform all orders of the court and such other duties as may be required by law.cralaw
Sec. 15. Where to file the bond; action thereon. The bond posted by a guardian shall be filed in the
Family Court and, In case of breach of any of its conditions, the guardian may be prosecuted in the same
proceeding for the benefit of the ward or of any other person legally interested in the property.

Whenever necessary, the court may require the guardian to post a new bond and may discharge from
further liability the sureties on the old bond after due notice to interested persons, if no injury may result
therefrom to those interested in the property. chan robles virtual law library
Sec. 16. Bond of parents as guardians of property of minor. If the market value of the property or the
annual Income of the child exceeds P50,000.00, the parent concerned shall furnish a bond In such
amount as the court may determine, but in no case less than ten per centurn of the value of such property
or annual income, to guarantee the performance of the obligations prescribed for general
guardians.cralaw
A verified petition for approval of the bond shall be flied in the Family Court of the place where the child
resides or, if the child resides in a foreign country, in the Family Court of the place where the property or
any part thereof is situated.cralaw
The petition shall be docketed as a summary special proceeding In which all incidents and issues
regarding the performance of the obligations of a general guardian shall be heard and resolved. chan
robles virtual law library
Sec. 17. General duties of guardian. A guardian shall have the care and custody of the person of his
ward and the management of his property, or only the management of his property. The guardian of the
property of a nonresident minor shall have the management of all his property within the
Philippines.cralaw
A guardian shall perform the following duties:
(a) To pay the just debts of the ward out of the personal property and the income of the real property of
the ward, If the same is sufficient; otherwise, out of the real property of the ward upon obtaining an order
for its sale or encumbrance;
(b) To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the
approval of the court, compound for the same and give discharges to the debtor on receiving a fair and
just dividend of the property and effects; and to appear for and represent the ward in all actions and
special proceedings, unless another person is appointed for that purpose;
(c) To manage the property of the ward frugally and without waste, and apply the income and profits
thereon, insofar as may be necessary, to the comfortable and suitable maintenance of the ward; and if
such income and profits be insufficient for that purpose, to sell or encumber the real or personal property,
upon being authorized by the court to do so;
(d) To consent to a partition of real or personal property owned by the ward jointly or in common with
others upon authority granted by the court after hearing, notice to relatives of the ward, and a careful
investigation as to the necessity and propriety of the proposed action;
(e) To submit to the court a verified inventory of the property of his ward within three months after his
appointment, and annually thereafter, the rendition of which may be required upon the application of an
interested person; chan robles virtual law library
(f) To report to the court any property of the ward not included in the inventory which is discovered, or
succeeded to, or acquired by the ward within three months after such discovery, succession, or
acquisition; and cralaw
(g) To render to the court for its approval an accounting of the property one year from his appointment,
and every year thereafter or as often as may be required.cralaw
Sec. 18. Power and duty of the court The court may: chan robles virtual law library
(a) Request the assistance of one or more commissioners in the appraisal of the property of the ward
reported in the initial and subsequent inventories;
(b) Authorize reimbursement to the guardian, other than a parent, of reasonable expenses incurred in the
execution of his trust, and allow payment of compensation for his services as the court may deem just,
not exceeding ten per centum of the net income of the ward, if any; otherwise, in such amount the court
determines to be a reasonable compensation for his services; and cralaw
(c) Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the
property at the ward, require any person suspected of having embezzled, concealed, or disposed of any
money, goods or interest, or a written instrument belonging to the ward or his property to appear for
examination concerning any thereof and issue such orders as would secure the property against such
embezzlement, concealment or conveyance.cralaw
Sec. 19. Petition to sell or encumber property. - When the income of a property under guardianship is
insufficient to maintain and educate the ward, or when it is for his benefit that his personal or real property
or any part thereof be sold, mortgaged or otherwise encumbered, and the proceeds invested in safe and

productive security, or in the improvement or security of other real property, the guardian may file a
verified petition setting forth such facts, and praying that an order issue authorizing the sale or
encumbrance of the property. chan robles virtual law library
Sec. 20. Order to show cause. If the sale or encumbrance is necessary or would be beneficial to the
ward, the court shall order his next of kin and all person/s interested in the property to appear at a
reasonable time and place therein specified and show cause why the petition should not be
granted.cralaw
Sec. 21. Hearing on return of order; costs. At the time and place designated in the order to show cause,
the court shall hear the allegations and evidence of the petitioner and next of kin, and other persons
interested, together with their witnesses, and grant or deny the petition as the best interests of the ward
may require.cralaw
Sec. 22. Contents of order for sale or encumbrance and its duration; bond. If, after full examination, it is
necessary, or would be beneficial to the ward, to sell or encumber the property, or some portion of it, the
court shall order such sale or encumbrance the proceeds of which shall be expended for the maintenance
or the education of the ward, or invested as the circumstances may require. The order shall specify the
grounds for the sale or encumbrance and may direct that the property ordered sold be disposed of at
public sale, subject to such conditions as to the time and manner of payment, and security where a part of
the payment is deferred. The original bond of the guardian shall stand as security for the proper
appropriation of the proceeds of the sale or encumbrance, but the court may, if deemed expedient,
require an additional bond as a condition for the sale or encumbrance. The authority to sell or encumber
shall not extend beyond one year, unless renewed by the court. chan robles virtual law library
Sec. 23. Court may order investment of proceeds and direct management of property. The court may
authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other
money of his ward in his hands, in real or personal property, for the best interests of the ward, and may
make such other orders for the management, investment, and disposition of the property and effects, as
circumstances may warrant.cralaw
Sec. 24. Grounds for removal or resignation of guardian. When a guardian becomes insane or
otherwise incapable of discharging his trust or is found thereafter to be unsuitable, or has wasted or
mismanaged the property of the ward, or has failed to render an account or make a return for thirty days
after it is due, the court may, upon reasonable notice to the guardian, remove him as such and require
him to surrender the property of the ward to the person found to be lawfully entitled thereto.cralaw
The court may allow the guardian to resign for justifiable causes.cralaw
Upon the removal or resignation of the guardian, the court shall appoint a new one. chan robles virtual
law library
No motion for removal or resignation shall be granted unless the guardian has submitted the proper
accounting of the property of the ward and the court has approved the same.cralaw
Sec. 25. Ground for termination of guardianship. The court motu proprio or upon verified motion of any
person allowed to file a petition for guardianship may terminate the guardianship on the ground that the
ward has come of age or has died. The guardian shall notify the court of such fact within ten days of its
occurrence.cralaw
Sec. 26. Service of final and executory judgment or order. The final and executory judgment or order
shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the
Register of Deeds of the province or city where his property or any part thereof is situated. Both the Local
Civil Registrar and the Register of Deeds shall enter the final and executory judgment or order in the
appropriate books in their offices.cralaw
Sec. 27. Effect of the rule. This Rule amends Rules 92 to 97 inclusive of the Rules of Court on
guardianship of minors. Guardianship of incompetents who are not minors shall continue to be under the
jurisdiction of the regular courts and governed by the Rules of Court. chan robles virtual law library
Sec. 28. Effectivity. - This Rule shall take effect on May 1, 2003 following its publication in a newspaper
of general circulation not later than April 15, 2003.
3.
Suffrage, Sec. 1 Art. V 1987 Constitution [cf. Sangguniang
Kabataan]
Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law,
who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year

and in the place wherein they propose to vote, for at least six months immediately preceding the election.
No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.
4. Marriage
Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments
mentioned in Articles 37 and 38, may contract marriage.
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or
over but below twenty-one, and the marriage was solemnized without the consent of the parents,
guardian or person having substitute parental authority over the party, in that order, unless after attaining
the age of twenty-one, such party freely cohabited with the other and both lived together as husband and
wife;

R.A. 6809 PLEASE REFER TO THE ONE POSTED ABOVE (to avoid save space)
5. Contracts
Art. 1327. The following cannot give consent to a contract:
(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)
Art. 1390. The following contracts are voidable or annullable, even though there may have been no
damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a contract;
Art. 1403. The following contracts are unenforceable, unless they are ratified:
(1) Those entered into in the name of another person by one who has been given no authority or
legal representation, or who has acted beyond his powers;
(2) Those that do not comply with the Statute of Frauds as set forth in this number. In the
following cases an agreement hereafter made shall be unenforceable by action, unless the same,
or some note or memorandum, thereof, be in writing, and subscribed by the party charged, or by
his agent; evidence, therefore, of the agreement cannot be received without the writing, or a
secondary evidence of its contents:
(a) An agreement that by its terms is not to be performed within a year from the making
thereof;
(b) A special promise to answer for the debt, default, or miscarriage of another;
(c) An agreement made in consideration of marriage, other than a mutual promise to
marry;

(d) An agreement for the sale of goods, chattels or things in action, at a price not less
than five hundred pesos, unless the buyer accept and receive part of such goods and
chattels, or the evidences, or some of them, of such things in action or pay at the time
some part of the purchase money; but when a sale is made by auction and entry is made
by the auctioneer in his sales book, at the time of the sale, of the amount and kind of
property sold, terms of sale, price, names of the purchasers and person on whose
account the sale is made, it is a sufficient memorandum;
(e) An agreement of the leasing for a longer period than one year, or for the sale of real
property or of an interest therein;
(f) A representation as to the credit of a third person.
(3) Those where both parties are incapable of giving consent to a contract.
Art. 1397. The action for the annulment of contracts may be instituted by all who are thereby obliged
principally or subsidiarily. However, persons who are capable cannot allege the incapacity of those with
whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed
fraud, or caused mistake base their action upon these flaws of the contract. (1302a)
Art. 1399. When the defect of the contract consists in the incapacity of one of the parties, the
incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the
thing or price received by him. (1304)
Art. 1489. All persons who are authorized in this Code to obligate themselves, may enter into a contract of
sale, saving the modifications contained in the following articles.
Where necessaries are those sold and delivered to a minor or other person without capacity to act, he
must pay a reasonable price therefor. Necessaries are those referred to in Article 290. (1457a)
Art. 1426. When a minor between eighteen and twenty-one years of age who has entered into a contract
without the consent of the parent or guardian, after the annulment of the contract voluntarily returns the
whole thing or price received, notwithstanding the fact the he has not been benefited thereby, there is no
right to demand the thing or price thus returned.
Art. 1427. When a minor between eighteen and twenty-one years of age, who has entered into a contract
without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing
in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent
or consumed it in good faith. (1160A)
6. Criminal liability
Art. 12. Circumstances which exempt from criminal liability. the following are exempt from criminal
liability:
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which
case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions
of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be
charged with his surveillance and education otherwise, he shall be committed to the care of some
institution or person mentioned in said Art. 80.
Art. 13. Mitigating circumstances. The following are mitigating circumstances;

2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall
be proceeded against in accordance with the provisions of Art. 80.
Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but under
twenty-one years of age at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal liability and
shall be committed to the care of his or her father or mother, or nearest relative or family friend in the
discretion of the court and subject to its supervision. The same shall be done for a child over nine years
and under fifteen years of age at the time of the commission of the offense, unless he acted with
discernment, in which case he shall be proceeded against in accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the provisions of this
Chapter.
Article 190. Physical and Mental Examination. - It shall be the duty of the law-enforcement agency
concerned to take the youthful offender, immediately after his apprehension, to the proper medical or
health officer for a thorough physical and mental examination. Whenever treatment for any physical or
mental defect is indicated, steps shall be immediately undertaken to provide the same.
The examination and treatment papers shall form part of the record of the case of the youthful offender.
Article 191. Care of Youthful Offender Held for Examination or Trial. - A youthful offender held for physical
and mental examination or trial or pending appeal, if unable to furnish bail, shall from the time of his arrest
be committed to the care of the Department of Social Welfare or the local rehabilitation center or a
detention home in the province or city which shall be responsible for his appearance in court whenever
required: Provided, That in the absence of any such center or agency within a reasonable distance from
the venue of the trial, the provincial, city and municipal jail shall provide quarters for youthful offenders
separate from other detainees. The court may, in its discretion, upon recommendation of the Department
of Social Welfare or other agency or agencies authorized by the Court, release a youthful offender on
recognizance, to the custody of his parents or other suitable person who shall be responsible for his
appearance whenever required.
Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing the evidence
in the proper proceedings, the court should find that the youthful offender has committed the acts charged
against him the court shall determine the imposable penalty, including any civil liability chargeable against
him. However, instead of pronouncing judgment of conviction, the court shall suspend all further
proceedings and shall commit such minor to the custody or care of the Department of Social Welfare, or
to any training institution operated by the government, or duly licensed agencies or any other responsible
person, until he shall have reached twenty-one years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the Department of Social Welfare or
the agency or responsible individual under whose care he has been committed.
The youthful offender shall be subject to visitation and supervision by a representative of the Department
of Social Welfare or any duly licensed agency or such other officer as the Court may designate subject to
such conditions as it may prescribe.
Article 193. Appeal. - The youthful offender whose sentence is suspended can appeal from the order of
the court in the same manner as appeals in criminal cases.

Article 194. Care and Maintenance of Youthful Offender. - The expenses for the care and maintenance of
the youthful offender whose sentence has been suspended shall be borne by his parents or those
persons liable to support him: Provided, That in case his parents or those persons liable to support him
can not pay all or part of said expenses, the municipality in which the offense was committed shall pay
one-third of said expenses or part thereof; the province to which the municipality belongs shall pay onethird; and the remaining one-third shall be borne by the National Government. Chartered cities shall pay
two-thirds of said expenses; and in case a chartered city cannot pay said expenses, part of the internal
revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said
indebtedness.
All city and provincial governments must exert efforts for the immediate establishment of local detention
homes for youthful offenders.
Article 195. Report on Conduct of Child. - The Department of Social Welfare or its representative or duly
licensed agency or individual under whose care the youthful offender has been committed shall submit to
the court every four months or oftener as may be required in special cases, a written report on the
conduct of said youthful offender as well as the intellectual, physical, moral, social and emotional
progress made by him.
Article 196. Dismissal of the Case. - If it is shown to the satisfaction of the court that the youthful offender
whose sentence has been suspended, has behaved properly and has shown his capability to be a useful
member of the community, even before reaching the age of majority, upon recommendation of the
Department of Social Welfare, it shall dismiss the case and order his final discharge.
Article 197. Return of the Youth Offender to Court. - Whenever the youthful offender has been found
incorrigible or has wilfully failed to comply with the conditions of his rehabilitation programs, or should his
continued stay in the training institution be inadvisable, he shall be returned to the committing court for the
pronouncement of judgment.
When the youthful offender has reached the age of twenty-one while in commitment, the court shall
determine whether to dismiss the case in accordance with the next preceding article or to pronounce the
judgment of conviction.
In any case covered by this article, the youthful offender shall be credited in the service of his sentence
with the full time spent in actual commitment and detention effected under the provisions of this Chapter.
Article 198. Effect of Release of Child Based on Good Conduct. - The final release of a child pursuant to
the provisions of this Chapter shall not obliterate his civil liability for damages. Such release shall be
without prejudice to the right for a writ of execution for the recovery of civil damages.
Article 199. Living Quarters for Youthful Offenders Sentence. - When a judgment of conviction is
pronounced in accordance with the provisions of Article 197, and at the time of said pronouncement the
youthful offender is still under twenty-one, he shall be committed to the proper penal institution to serve
the remaining period of his sentence: Provided, That penal institutions shall provide youthful offenders
with separate quarters and, as far as practicable, group them according to appropriate age levels or other
criteria as will insure their speedy rehabilitation: Provided, further, That the Bureau of Prisons shall
maintain agricultural and forestry camps where youthful offenders may serve their sentence in lieu of
confinement in regular penitentiaries.

Article 200. Records of Proceedings. - Where a youthful offender has been charged before any city or
provincial fiscal or before any municipal judge and the charges have been ordered dropped, all the
records of the case shall be destroyed immediately thereafter.
Where a youthful offender has been charged and the court acquits him, or dismisses the case or commits
him to an institution and subsequently releases him pursuant to this Chapter, all the records of his case
shall be destroyed immediately after such acquittal, dismissal or release, unless civil liability has also
been imposed in the criminal action, in which case such records shall be destroyed after satisfaction of
such civil liability. The youthful offender concerned shall not be held under any provision of law, to be
guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case
or recite any fact related thereto in response to any inquiry made of him for any purpose.
"Records" within the meaning of this article shall include those which may be in the files of the National
Bureau of Investigation and with any police department, or any other government agency which may have
been involved in the case.
Article 201. Civil Liability of Youthful Offenders. - The civil liability for acts committed by a youthful
offender shall devolve upon the offender's father and, in case of his death or incapacity, upon the mother,
or in case of her death or incapacity, upon the guardian. Civil liability may also be voluntarily assumed by
a relative or family friend of the youthful offender.
Article 202. Rehabilitation Centers. - The Department of Social Welfare shall establish regional
rehabilitation centers for youthful offenders. The local government and other non-governmental entities
shall collaborate and contribute their support for the establishment and maintenance of these facilities.
Article 203. Detention Homes. - The Department of Local Government and Community Development shall
establish detention homes in cities and provinces distinct and separate from jails pending the disposition
of cases of juvenile offenders.
Article 204. Liability of Parents or Guardian or Any Person in the Commission of Delinquent Acts by Their
Children or Wards. - A person whether the parent or guardian of the child or not, who knowingly or wilfully,
1. Aids, causes, abets or connives with the commission by a child of a delinquency, or
2. Does any act producing, promoting, or contributing to a child's being or becoming a juvenile
delinquent, shall be punished by a fine not exceeding five hundred pesos or to imprisonment for a
period not exceeding two years, or both such fine and imprisonment, at the discretion of the court.
Sec. 5. Minor or incompetent persons.
A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his father,
mother, guardian, or if he has none, a guardian ad litem.
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of
the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected
to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an
intervention program, unless helshe has acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability

herein established does not include exemption from civil liability, which shall be enforced in accordance
with existing laws.
SEC. 7. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority.
HelShe shall enjoy all the sights of a child in conflict with the law until helshe is proven to be eighteen (18)
years old or older. The age of a child may be determined from the childs birth certificate, baptismal
certificate or any other pertinent documents. In the absence of these documents, age may be based on
information from the child himsefierself, testimonies of other persons, the physical appearance of the child
and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in hisher favor.
Any person contesting the age of the child in conflict with the law prior to the filing of the information in
any appropriate court may file a case in a summary proceeding for the determination of age before the
Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate
pleadings of all interested parties. 10 If a case has been fiied against the child in conflict with the law and
is pending in the appropriate court, the person shall file a motion to determine the age of the child in the
same court where the case is pending. Pending hearing on the said motion, proceedings on the main
case shall be suspended. In all prpceedings, law enforcement officers, prosecutors, judges and other
government officials concerned shall exert all efforts at determining the age of the child in conflict with the
law.
(b) Insanity
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with
the other as husband and wife
Art. 79. For the validity of any marriage settlement executed by a person upon whom a sentence of civil
interdiction has been pronounced or who is subject to any other disability, it shall be indispensable for the
guardian appointed by a competent court to be made a party thereto. (123a)
(c)

Deaf-Mutism

Art. 1327. The following cannot give consent to a contract:

(1) Unemancipated minors;
Art. 1328. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of
drunkenness or during a hypnotic spell are voidable. (n)
Art. 12. Circumstances which exempt from criminal liability. the following are exempt from criminal
liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito),
the court shall order his confinement in one of the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave without first obtaining the permission of the same
court.chanro
Art. 1327. The following cannot give consent to a contract:
(2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)
Art. 807. If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so;
otherwise, he shall designate two persons to read it and communicate to him, in some practicable
manner, the contents thereof. (n)

Art. 820. Any person of sound mind and of the age of eighteen years or more, and not bind, deaf or dumb,
and able to read and write, may be a witness to the execution of a will mentioned in Article 805 of this
Code. (n)
(d) Prodigality
Sec. 2. Meaning of word "incompetent." - Under this rule, the word "incompetent" includes persons
suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are
unable to read and write, those who are of unsound mind, even though they have lucid intervals, and
persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes,
cannot, without outside aid, take care of themselves and manage their property, becoming thereby an
easy prey for deceit and exploitation.
(e) Civil Interdiction
Art. 31. Effect of the penalties of perpetual or temporary special disqualification. The penalties of
perpetual or temporal special disqualification for public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the term of
the sentence according to the extent of such disqualification.
Art. 34. Civil interdiction. Civil interdiction shall deprive the offender during the time of his sentence of
the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital
authority, of the right to manage his property and of the right to dispose of such property by any act or any
conveyance inter vivos.chanrobl
Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. The penalties of
reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during
the period of the sentence as the case may be, and that of perpetual absolute disqualification which the
offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been
expressly remitted in the pardon.
(f)

Family Relations

Art. 150. Family relations include those:

(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil
Code. (222a)
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during
the marriage shall be void, except moderate gifts which the spouses may give each other on the occasion
of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife
without a valid marriage. (133a)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship
between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for reasons of public policy:
(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or
his or her own spouse. (82)
Art. 1490. The husband and the wife cannot sell property to each other, except:
(1) When a separation of property was agreed upon in the marriage settlements; or
(2) When there has been a judicial separation or property under Article 191. (1458a)
Art. 2035. No compromise upon the following questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)
Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a
degree. (915)
Art. 964. A series of degrees forms a line, which may be either direct or collateral.
A direct line is that constituted by the series of degrees among ascendants and descendants.
A collateral line is that constituted by the series of degrees among persons who are not ascendants and
descendants, but who come from a common ancestor. (916a)
Art. 965. The direct line is either descending or ascending.
The former unites the head of the family with those who descend from him.

The latter binds a person with those from whom he descends. (917)
Art. 966. In the line, as many degrees are counted as there are generations or persons, excluding the
progenitor.
In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the
parent, two from the grandfather, and three from the great-grandparent.
In the collateral line, ascent is made to the common ancestor and then descent is made to the person with
whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from
his uncle, who is the brother of his father, four from his first cousin, and so forth. (918a)
Art. 967. Full blood relationship is that existing between persons who have the same father and the same
mother.
(g) Alienage
ARTICLE
CITIZENSHIP

IV

Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon
reaching the age of majority; and
4. Those who are naturalized in the accordance with law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or
omission they are deemed, under the law to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
(h) Absence
Title XIV. - ABSENCE
CHAPTER 1
PROVISIONAL MEASURES IN CASE OF ABSENCE
Art. 381. When a person disappears from his domicile, his whereabouts being unknown, and without

leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or
a friend, may appoint a person to represent him in all that may be necessary.
This same rule shall be observed when under similar circumstances the power conferred by the absentee
has expired. (181a)
Art. 382. The appointment referred to in the preceding article having been made, the judge shall take the
necessary measures to safeguard the rights and interests of the absentee and shall specify the powers,
obligations and remuneration of his representative, regulating them, according to the circumstances, by
the rules concerning guardians. (182)
Art. 383. In the appointment of a representative, the spouse present shall be preferred when there is no
legal separation.
If the absentee left no spouse, or if the spouse present is a minor, any competent person may be
appointed by the court. (183a)

CHAPTER 2
DECLARATION OF ABSENCE
Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the last
news, and five years in case the absentee has left a person in charge of the administration of his property,
his absence may be declared. (184)
Art. 385. The following may ask for the declaration of absence:
(1) The spouse present;
(2) The heirs instituted in a will, who may present an authentic copy of the same;
(3) The relatives who may succeed by the law of intestacy;
(4) Those who may have over the property of the absentee some right subordinated to the
condition of his death. (185)
Art. 386. The judicial declaration of absence shall not take effect until six months after its publication in a
newspaper of general circulation. (186a)
CHAPTER 3
ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
Art. 387. An administrator of the absentee's property shall be appointed in accordance with Article
383. (187a)
Art. 388. The wife who is appointed as an administratrix of the husband's property cannot alienate or
encumber the husband's property, or that of the conjugal partnership, without judicial authority. (188a)
Art. 389. The administration shall cease in any of the following cases:
(1) When the absentee appears personally or by means of an agent;

(2) When the death of the absentee is proved and his testate or intestate heirs appear;
(3) When a third person appears, showing by a proper document that he has acquired the
absentee's property by purchase or other title.
In these cases the administrator shall cease in the performance of his office, and the property shall be at
the disposal of those who may have a right thereto. (190)
CHAPTER 4
PRESUMPTION OF DEATH
Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he
shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till after an absence
of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be
sufficient in order that his succession may be opened. (n)
Art. 391. The following shall be presumed dead for all purposes, including the division of the estate
among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who
has not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has
not been known for four years. (n)
Art. 392. If the absentee appears, or without appearing his existence is proved, he shall recover his
property in the condition in which it may be found, and the price of any property that may have been
alienated or the property acquired therewith; but he cannot claim either fruits or rents. (194)
CHAPTER 5
EFFECT OF ABSENCE UPON THE
CONTINGENT RIGHTS OF THE ABSENTEE
Art. 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove
that he was living at the time his existence was necessary in order to acquire said right. (195)
Art. 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to
which an absentee is called, his share shall accrue to his co-heirs, unless he has heirs, assigns, or a
representative. They shall all, as the case may be, make an inventory of the property. (196a)
Art. 395. The provisions of the preceding article are understood to be without prejudice to the action of
petition for inheritance or other rights which are vested in the absentee, his representatives or successors
in interest. These rights shall not be extinguished save by lapse of time fixed for prescription. In the record
that is made in the Registry of the real estate which accrues to the coheirs, the circumstance of its being
subject to the provisions of this article shall be stated.(197)
Art. 396. Those who may have entered upon the inheritance shall appropriate the fruits received in good
faith so long as the absentee does not appear, or while his representatives or successors in interest do

not bring the proper actions. (198)

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and
void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a well-founded belief that the absent spouse was already
dead. In case of disappearance where there is danger of death under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse
present must institute a summary proceeding as provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a)

(i) Insolvency and Trusteeship

Art. 1381. The following contracts are rescissible:
(1) Those which are entered into by guardians whenever the wards whom they represent suffer
lesion by more than one-fourth of the value of the things which are the object thereof;
(2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the
preceding number;
(3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the
claims due them;
(4) Those which refer to things under litigation if they have been entered into by the defendant
without the knowledge and approval of the litigants or of competent judicial authority;
(5) All other contracts specially declared by law to be subject to rescission. (1291a)
Art. 1491. The following persons cannot acquire by purchase, even at a public or judicial auction, either in
person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his guardianship;
(2) Agents, the property whose administration or sale may have been entrusted to them, unless
the consent of the principal has been given;
(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision thereof, or of
any government-owned or controlled corporation, or institution, the administration of which has
been intrusted to them; this provision shall apply to judges and government experts who, in any
manner whatsoever, take part in the sale;

(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other
officers and employees connected with the administration of justice, the property and rights in
litigation or levied upon an execution before the court within whose jurisdiction or territory they
exercise their respective functions; this prohibition includes the act of acquiring by assignment
and shall apply to lawyers, with respect to the property and rights which may be the object of any
litigation in which they may take part by virtue of their profession.
(6) Any others specially disqualified by law. (1459a)
Art. 2236. The debtor is liable with all his property, present and future, for the fulfillment of his obligations,
subject to the exemptions provided by law. (1911a)
(j) Gender
Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental
equality before the law of women and men.
Art. 403. Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below
twenty-three years of age cannot leave the parental home without the consent of the father or mother in
whose company she lives, except to become a wife, or when she exercises a profession or calling, or
when the father or mother has contracted a subsequent marriage. (321a)
(k) Physical Incapacity/Disease
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(5) That either party was physically incapable of consummating the marriage with the other, and such
incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears
to be incurable. (85a)

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding
Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral
turpitude;
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other
than her husband;
(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the
marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time
of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such
fraud as will give grounds for action for the annulment of marriage. (86a)
Art. 820. Any person of sound mind and of the age of eighteen years or more, and not bind, deaf or dumb,
and able to read and write, may be a witness to the execution of a will mentioned in Article 805 of this
Code. (n)
D. Domicile and residence of persons

1. Juridical persons
Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile of
juridical persons, the same shall be understood to be the place where their legal representation is
established or where they exercise their principal functions. (41a)
2. Natural persons
Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural
persons is the place of their habitual residence. (40a)
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and
render mutual help and support. (109a)
Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall
decide.
The court may exempt one spouse from living with the other if the latter should live abroad or there are
other valid and compelling reasons for the exemption. However, such exemption shall not apply if the
same is not compatible with the solidarity of the family. (110a)
Art. 110. The husband shall fix the residence of the family. But the court may exempt the wife from living
with the husband if he should live abroad unless in the service of the Republic. (58a)
Art. 55. A petition for legal separation may be filed on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner,
to engage in prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or
abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the petitioner; or
(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)
Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations to
the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property
or for authority to be the sole administrator of the absolute community, subject to such precautionary
conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property
relations.
A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without
intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has
failed within the same period to give any information as to his or her whereabouts shall be prima facie
presumed
to
have
no
intention
of
returning
to
the
conjugal
dwelling. (178a)

Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy
cherishes and protects. Consequently, family relations are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or given effect. (216a, 218a)
Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their family reside, and the land on which it is
situated. (223a)
Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her obligations to
the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property
or for authority to be the sole administrator of the absolute community, subject to such precautionary
conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property
relations.
A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without
intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has
failed within the same period to give any information as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal dwelling. (178a)