Persons and Family Relations 2009 (Atty. Sta.
Maria)
CIVIL CODE OF THE PHILIPPINES: Preliminary Title
Article Summary
Article 1: Civil Code of the
Philippines
Art. 2: Laws shall take effect 15
days following the completion of
their publication
Art. 3: Ignorance of the law
excuses no one from compliance
therewith.
Summarized Annotation: Added Info:
- Civil code took effect on August 30, 1950 Covered Under this Rule:
- EO 200 was issued by President Aquino on June 1987 which - Presidential decrees and
provided that pursuant to the ruling in Tañada v. Tuvera publication executive orders by the
need not be made in the Official Gazette, considering its erratic president in exercise of his
release and limited readership. legislative powers.
- Newspapers for general circulation could better perform the function - Administrative rules and
of communicating the laws to the people—more available, wider regulations if their purpose is
circulation, comes out regularly. to enforce or implement
- If a statute does not provide for its effectivity, it will only take effect existing law pursuant to a
15days after the completion of its publication. (No one shall be valid delegation.
charged under the statute until the completion of the publication.) - City charter must be
- Statutes may provide for another number of days for publication. The published even if it is only
statement “unless otherwise provided” refers only to the 15 days applicable to a portion of
(which can be changed to a different number) and not the requirement national territory
of publication. —Publication is indispensable. * Interpretative regulation and those
internal in nature need not be
published.
- It is the presumption that every person knows the law. Maxim: ignorantia legis non excusat
- Ignorance cannot be put up as a defense because it can always be
used causing disorder in society
- This is the reason why publication is an essential element, so that no
one can excuse himself or herself for not knowing.
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Art. 4: Laws shall not be
retroactive unless provided
Art. 5: Acts committed against
mandatory and prohibitory laws
shall be void.
Art. 6: Waiver of Rights
Persons and Family Relations 2009 (Atty. Sta. Maria)
- Statutes are to be construed as having prospective or future operation
only it is not meant to be applicable to the past unless it is expressly
provided for or is clearly and necessarily implied from the law.
Cases when the law may be given retroactive effect:
1. The law expressly provides
2. When the law is curative or remedial – meant to cure defects in order
to enforce existing obligations. To enable people to carry into effect
what they intended in the obligation but could not due to some statute.
Not meant to impair obligation or affect vested rights.
3. When the law is procedural – when it deals with procedure it applies
to all actions, which have accrued, or pending and future actions.
Ex. When the legislature provides that all bills should under go 4 readings
instead of 3. This affects all bills that have been created and even those
already undergoing readings.
4. When the law is penal in character and is favorable to the accused.
MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that
are mandatory in the law, it renders the proceeding or acts to which it relates
as illegal or void.
Ex. The law provides “ The action to revoke the donation under this article must
be brought within 5 years from the time the decree of legal separation has
become final.” (Article 64, Family Code)
PROHIBITORY LAWS: Those that one is not supposed to do. Couched in
negative terms.
Ex. The law provides that “ No legal separation may be decreed unless the
court has taken steps towards reconciliation.” (Article 59, Family Code)
- Rights may be waived unless it is contrary to law, public policy, morals Examples of what cannot be waived:
or good customs, or prejudicial to a third person with a right 1. Waiver against the right to
recognized by law. purchase land.
- The right must exist at the time of the waiver. 2. Waive an action against
Requisites: future fraud
1. The person knows that a right exists 3. Waive right to receive less
2. Has adequate knowledge upon which to make an intelligent decision than the compensation a
3. Knowledge of the facts related to the right to be waived worker is to receive under the
4. Must be shown that the waiver is made knowingly and intelligently law.
- Rights provided for in statutes can generally be waived unless the object of
the statute is to protect or promote public interest
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Art. 7: Repealed Laws - Laws are repealed only by subsequent ones

- Between a law and the Constitution, the latter prevails
- Administrative or executive acts are valid only when they are not
contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new law
- Where a portion of a statute is rendered unconstitutional and part is
valid the parts may be separated if they can stand independently of
one another.

Art. 8: Judicial decisions form case - Judicial decisions, applying and interpreting laws and the Constitution,
laws assume the same authority as laws.

Art. 9: Responsibility of the courts - Judges must not evade performance of their responsibility because of an
apparent non-existence or vagueness of a law governing a particular legal
dispute.

Art. 10: It is presumed that the - The court must first apply the law, only when there is ambiguity in its
lawmaking body intended right and application should there be any kind of interpretation.
justice to prevail - The interpretation should be in line with the intent of the legislature or
the end sought to be attained.

Art. 11: Customs CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as
Art. 12: Customs must be proved a social rule, which is legally binding and has obligatory force.
accdg. to the rules of evidence. JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike
a social custom, which cannot do so.

Art. 13: Years, days, months Years: 365 days each

Months: 30 days – if designated by their name, they shall be computed by the
number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included

Art. 14: Penal laws - All citizens or foreigners who sojourn are subject to all penal laws and Exception:
laws meant for public security and safety. Foreigners who are immune from suit
- and thus cannot be charged
(diplomatic agents)

Art. 15: Nationality rule - Regardless of where a citizen of the Philippines might be he or she Thus a Filipino cannot get a divorce
will still be governed by Philippine laws when it comes to family rights, even if he or she goes abroad, since
duties, or to his or her legal status and legal capacity, divorce is not recognized in the
Philippines

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Art. 16: Real & Personal Property
Art. 17: Forms and Solemnities of
contracts/will, acts done before
consular officials, prohibitive laws
Art. 18: Deficiency in the Code of
Commerce and special laws
HUMAN RELATIONS
Art. 19: Abuse of right doctrine
Persons and Family Relations 2009 (Atty. Sta. Maria)
- Real and Personal Property are subject to the law of the country
where it is found. However, when it comes to the order, amount, and
intrinsic validity of the succession it shall be regulated by the law of
the person whose succession is being considered regardless of
where the property is to be found.
Extrinsic validity: the laws shall govern the forms of contracts and wills where
they are made. Thus a will made in the U.S. must follow the laws regarding the
forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in
a foreign country made before the diplomatic and consular officials must also
conform to Philippine laws. This is because in the premises of a diplomatic
office the foreign country waives its jurisdiction so the Philippine laws govern in
the premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts
and those meant for public order, public policy, or good customs will continue
to be in effect even if the person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy is
legal, the second marriage is void since bigamy is not permitted in the
Philippines.
- When there are deficiencies in the Code of Commerce and Special
Laws the civil code will govern such deficiency.
Ex. In the Code of Commerce there is no stated prescription date for a certain
act, thus the provisions on prescription in the civil code will govern.
- However one must check the kind of transaction at hand and whether
the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a one year
prescription for making a claim for loss or damage and the plaintiff believed
that he could extend the prescriptive period by giving a written demand
pursuant to Art. 1155 of the civil code, especially since the civil code is meant
to be supplementary according to Art. 18. However the Supreme Court ruled
that it was not applicable because when it comes to matters of goods in
transport it is desirable that it be resolved at once taking into consideration the
nature of the goods.
- Meant to be a law of justice and fairness especially in instances wherein there *The three articles are related
is no specific law to prevent acts of abuse to another. to each other and under these
- It is a rule of conduct that is meant to create a harmonious and orderly relation articles an act, which causes
ship between people injury to another, may be made
the basis for an award for
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Art. 20: willfully or negligently
causes damage to another
Art. 21: Contrary to good
customs, morals, or public policy
Art. 22: One who comes into the
possession of another is obliged
to make restitution
Art. 23: Even if the act was not
due to ones fault or negligence
he is still liable for indemnity if
he was benefited.
Art. 24: Protecting the rights of
the disadvantage
Art. 25: Extravagance during
acute public want or emergency
Art. 26: Respect privacy of
others. Respect for human
dignity
Art. 27: Public servant refuses or
neglects to do his duty without
just cause
Art. 28: Unfair competition
Persons and Family Relations 2009 (Atty. Sta. Maria)
the basis for an award for
- Speaks of the general sanction for all other provisions of law, which do not damages.
especially provide their own sanction.
- Designed to fill in the countless gaps in the statutes, which leave many victims
without recourse.
Elements:
1. There is an act which is legal
2. But which is contrary to morals, good customs, public order, public policy
3. And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result of another
person’s act
UNJUST ENRICHMENT: one should not unduly profit on something which he does not
own
- Thus if one is benefited at the expense of another, he must pay or indemnify the other
for what he has gained.
It is the courts duty to render justice and give protection on account of those who are
disadvantage due to moral dependence, ignorance, indigence (poverty), mental
weakness, tender age or other handicap.
The courts at the instance of the government or any private charitable institution can
order one to stop extreme spending during times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power
his private amusement park. –the court may order him to seize such at the instance of
the government or charitable institution to prevent such in times of emergency.
- Meant to enforce the right of one to his privacy in one’s own home, religious freedom, The touchstone of every
prevent moral suffering, vexation, humiliation, system of laws is how far it
dignifies man.
- One may file an action for damages against the officer who does not perform his official *If the officer is no day off, then
duty without just cause. one cannot file an action
- A public officer who commits a tort or other wrongful act is still liable to the victim. against him.
- Necessary to promote a system of free enterprise and a fair chance for others to
engage in business and earn a living.
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Art. 29: Civil action when guilt is
not proved beyond reasonable
doubt
Art. 30: Civil obligation arising
from a criminal offense
Art. 31: Civil obligation not
arising from the felony
Art. 32: Civil action for violation
of constitutional rights
Art. 33: Civil action for violation
of private rights
Art. 34: Members of the Police
Force
Art 35: Reservation of civil action
Persons and Family Relations 2009 (Atty. Sta. Maria)
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil
action may be made and the degree of proof necessary is only a preponderance of
evidence which means that more evidence is adduced to prove the guilt of the accused
compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a preponderance of
evidence as the quantum of proof,
- Usually a criminal proceeding, if commenced, must be terminated before a civil
proceeding can begin. If a civil proceeding has begun and later on a criminal
proceeding is filed, the civil proceeding is put on hold until the criminal
proceeding has finished.
- However when the civil obligation is separate from the crime committed it may
proceed independently of the criminal proceeding.
- Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is based from
the breach of the contractual obligation of all common carriers to take extra diligence in
driving his passengers. The criminal action here is based on the driver’s criminal
negligence. The first is governed by the civil code and the second is from the Revised
Penal Code.
- Necessary to have an absolute separate and independent civil action for the violation
of civil liberties for the effective maintenance of democracy.
- Principle is to allow the citizen to enforce his rights regardless of State action so that *Criminal negligence (reckless
citizens will not depend upon the government for the vindication of their own private imprudence) is not included in
rights. this article, thus an
- Includes fraud, defamation, physical injuries and are understood in their ordinary independent action for such
sense. cannot be made independently
from the criminal prosecution.
- When there is danger to life or property, and the police officer refuses to give
aid and protection, such peace officer shall be primarily liable for damages, and
the city or municipality shall be subsidiarily responsible.
- An independent civil action can be instituted wherein a preponderance of
evidence is all that is required.
- When a person claiming to be injured by a criminal offense, charges another but the If complaint be malicious,
judges fails to find any crime to have been committed or if the prosecuting attorney defendant may can be
refuses/fails to institute criminal proceedings, complainant may file a civil action for indemnified through the
damages against the alleged offender plaintiff’s bond
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Art. 36: Prejudicial Questions
CIVIL PERSONALITY: GENERAL PROVISIONS
Art. 37: Juridical Capacity and
Capacity to Act.
Art. 38: Restrictions on the
capacity to act
Art. 39: Modification or limit
capacity to act
NATURAL PERSONS
Art. 40: Commencement of Civil
personality
Art. 41: conditions to determine
when the child is considered
conceived.
Persons and Family Relations 2009 (Atty. Sta. Maria)
- The general rule is that the criminal case takes precedence; an exception
would be if there exist prejudicial questions, which should be resolved before
the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal action that which
requires a decision before a final judgment is rendered in the principal action where the
said question is closely connected. The resolution of the Prejudicial question will
determine if the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy against B. B also
filed a civil case against C (the second spouse) contending that she was intimidated into
marrying C. The civil case to determine whether there was intimidation or not must
necessary be resolved before the bigamy case. If B was indeed intimidated in marrying
C, there is no bigamy.
JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in every
person and is lost only through death.
- Acquired when one is conceived (rights of the unborn child)
CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost
- Acquired when one reaches the age of majority, lost in cases like civil interdiction.
Restrictions on the capacity to act: Minority, insanity or imbecility, state of being a deaf- * Both men and women are
mute, prodigality, and civil interdiction are mere restrictions on the capacity to act. – Do qualified from all acts of civil
not exempt the person from certain obligations. life when they reach the age of
Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, majority (18 years old)
penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship.
- Birth determines personality but the conceived child shall be considered born -For purposes of inheritance
for all purposes that are favorable to it. Provided that the conceived child is later and succession, a child
born with the conditions in Art. 41. conceived at the time of death
- The fetus is considered born if it is alive from the time it was completely of the decedent can s
delivered from the mother’s womb. BUT if the fetus was alive in the womb for
less than 7 months it is not deemed born if it dies within 24 hours it is delivered
form the womb.
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Art. 42: Civil personality
extinguished at death
Art. 43: Doubt between the death
of two or more persons
JURIDICAL PERSONS
Art. 44: Who are juridical persons
Art. 45: What governs juridical
persons
Art. 46: Rights and obligations of
juridical persons
Persons and Family Relations 2009 (Atty. Sta. Maria)
- Death puts an end to civil personality
- Dead person continues to have personality only through contract, will, or as
determined by law. – Creditors can still claim from the estate of the deceased
any obligation due to them.
- No human body shall be buried unless the proper death certificate has been
presented and recorded however during an epidemic bodies may be buried
provided that the death certificate be secured within 5 days after the burial.
- Applies to persons who are called to succeed each other like mother and child.
(Necessary to determine the amount of inheritance one is to receive,
transmission of rights, etc.)
- If there is no proof as to who died first, they are presumed to have died at the
same time and thus no transmission of rights from one to the other.
- Proof of death cannot be established from mere inference or presumptions. It
must be established by clear positive evidence.
JURIDICAL PERSON: Being of legal existence susceptible of rights and obligations.
1. State: organized corporate society under a government with the legal
competence to exact obedience of its commands. It can enter into treaties and
contracts.
- The state cannot be sued without its consent (implied or expressed)
2. Political subdivisions: municipal corporations that consist of provinces, cities
and municipalities. They can be sued because it is granted by their charters but
they are generally not liable for torts committed in the discharge of their
governmental functions.
3. Corporation: An artificial being created by operation of law and has the powers
and attributes granted to it by the law, which created it.
4. Partnership: 2 or more persons bind themselves to make contributions to a
common fund with the intention of dividing the profits among themselves.
*Corporations, partnerships, and associations for private interest and purpose may be
granted a separate and distinct personality from the shareholders or members (this is
known as the veil of corporate fiction). However, this veil may be pierced, thus making
the shareholders and members liable, when the fiction is used to defeat public
convenience, justify wrong, protect fraud, defend crime, perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and entities for public
interest or purpose are governed by the laws creating them.
*Private corporations are regulated by laws of general application on the subject
*Partnerships are governed by the provisions of this Code concerning partnerships
*Juridical persons may acquire and possess property of all kinds and incur obligations in
conformity with the laws and regulations of their organization.
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Art. 47: Dissolution of - Upon the dissolution of such entities mentioned above, their properties and
corporations other assets should be disposed of in pursuance of law or the charter creating
it.
- If there is nothing in the law, it shall be applied for a similar purpose for the
benefit of the region/province/city it is in.

CITIZENSHIP AND DOMICILE

Art. 48: Who are citizens Citizens of the Philippines: Jus Sanguinis: Refers to citizenship
of the Philippines 1. Those who are citizens at the time of the adoption of the Philippine Constitution. by blood. This is the concept
2. Those born in the Philippines, before the adoption of the said constitution, with followed in the Philippines.
Art. 49: Naturalization foreign parents who have been elected to public office in the Philippines. Jus Soli: Refers to citizenship on
and reacquisition of loss 3. Those whose Fathers are Filipino the basis of the place of birth
citizenship 4. Those whose mothers are Filipino and elect Philippine Citizenship when they reach
the age of majority. Acquisition of Citizenship: for a
Art. 50: Domicile of 5. Those who are naturalized foreigner to be able to become a
natural persons DOMICILE: Fixed permanent resident, a place wherein, although one may be absent from, Philippine citizen, a proper petition
one still has the intention of returning and remaining for an unlimited time. There is only one shall be filed in the proper court.
domicile.
- A minor follows the domicile of his parents Ground for Reacquisition of
Change in Domicile: Citizenship:
1. An actual removal or an actual change or domicile 1.By naturalization
2. A bona fide intention of abandoning the former domicile and establishing a new 2.Repatriation of deserters of the
one. Army, Navy or Air Corps. (Woman
3. Act, which correspond with the purpose (physical presence in the area, move who has lost her citizenship by
family in area, register as a voter in the area, etc.) reason of marriage to an alien may
RESIDENCE: Indicates a place of abode whether permanent or temporary, not necessarily be repatriated after the termination
the domicile. There may be more than one residence. of her marital status)
3.By direct act of congress
Art. 51: Domicile of - When the law creates or recognizes a juridical person but doesn’t fix the domicile it shall
juridical person be understood to be the place where it has legal representation

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 Persons and Family Relations 2009 (Atty. Sta. Maria)

THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)

REQUISITES OF MARRIAGE:

Article Summary of Annotation Additional Info/Exceptions/

Connected with:

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 1: Marriage is a special contract of permanent union
between a man and a woman entered into in accordance
with the law for the establishment of conjugal and family
life.
It is the foundation of the family and an inviolable social
institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that
marriage settlements may fix the property relations during
the marriage within the limits provided by the code.
Nature of Marriage: *Marriage as a special contract
-Marriage is one of the “basic civil rights of man.” The freedom cannot be restricted by
to marry has been recognized as a vital personal right towards discriminatory policies of private
the pursuit of man’s happiness. individuals or corporations.
-Still considered as a special civil contract regulated by law
due to the high state interest in protecting and safeguarding MAIL-ORDER BRIDE:
the family. considered as a criminal offense
-A contract to marry, unlike other contracts, cannot be modified because marriage is vested with
or changed. Once it is executed a relation is formed between public interest. (Connected with
the parties that cannot be altered. The law steps in to hold or the Anti-Trafficking Act)
bind the parties together. Acts punished:
-A subsequent marriage between the rapist and raped victim 1. Carry on such a business
extinguishes the criminal action or penalty of the rapist. In case 2. To advertise the promotion of
of marital rape such acts.
3. Solicit or attract or any Filipino
Marriage Status: Marriage creates a social status, which the woman to become a member in a
state is interested in protecting. It is a case where a double club that matches women for
status is created, involves and affects two persons. marriage to foreign nationals for
a fee.
Marriage in International Law: men and women of full age 4. Use the postal service to
without any limitation due to race, nationality or religion have promote the prohibited acts.
the right to marry and found a family.
1. Universal Declaration of Human Rights VALIDITY OF MARRIAGE:
2. International Covenant on Economic, Social and Cultural governed by the law effective at
Rights the time of the celebration of the
3. International Covenant on Civil and Political Rights. marriage.
Constitutional Protection: The State recognizes the sanctity of
family life and shall protect and strengthen it. The state also
recognizes marriage as an inviolable social institution and the
foundation of the family and shall be protected by the state.
* The constitutional provisions on marriage however do NOT
mean that legislature cannot enact a law allowing absolute
divorce. Marriage is subject to the control of the legislature but
it must not contravene mandates of Constitution.
Property Relations: Only property relations may be fixed and
arranged in a marriage settlement prior to the marriage
ceremony. However it must still follow the mandatory
provisions of the Family Code.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art 2: No marriage shall be valid unless these essential
requisites are present:
1. Legal capacity of the contracting parties who must
be a male and female.
2. Consent freely given in the presence of the
solemnizing officer
LEGAL CAPACITY: Marrying age is 18 years old and above, Sex change: has not been shown
thus if one of the contracting parties is below 18 years of age, that sex reassignment surgery
the marriage is void. would allow one to produce
- They cannot be related to each other as provided by human beings.
Art. 37 and Art. 38 (incestuous marriages and those
against public policy). Thoughts to ponder: Marriage
- There should be no previous valid subsisting should not to be enjoyed only by
marriage; otherwise the subsequent marriage will be heterosexual couples. The right
bigamous. to marry, found a family, identity,
DIFFERENT SEX: There should be a male and a female. personality are all rights of
Marriage is desirable due to the importance of procreation human beings.
which is one of the reasons why same sex marriages are
prohibited (due to the impossibility of reproduction) *Parties must be personally
present, proxy marriages are
CONSENT: prohibited in the Philippines.
1. Must be freely given
2. Made in the presence of the solemnizing officer
- Absence of consent makes the marriage void.
However if there is consent but such was obtained
through force, fraud, undue influence, etc then it is
only voidable.
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Art. 3: The formal requisites of marriage are: AUTHORITY OF THE SOLEMIZING OFFICER: *Presumption leans towards the
1. Authority of the solemnizing officer - Those enumerated in Article 7, he must have the legality of the marriage thus the
2. A valid marriage license except in the cases authority. Thus a priest who has not renewed his authority of the officer is
provided for in Chapter 2 of this title license to marry does not have the authority and presumed absence the showing
3. A marriage ceremony which takes place with the cannot be considered for marriage. any proof to the contrary.
appearance of the contracting parties before the - The Local Government Code (Jan. 1, 1992) provides
solemnizing officer and their personal declaration that a mayor of a city or municipality may now Merely Irregularities in marriage
that they take each other as husband and wife in solemnize marriages. license:
the presence of not less than 2 witnesses of legal 1. Marriage license was
age. made in a different
Chapter 2 Title 1 of Family Code: exempt from license place other than their
Art. 4: The absence of any of the essential or formal 1. Article 27: Both parties are in articulo mortis marriage residence.
requisites shall render the marriage void ab initio, except will be valid even if the ailing party survives. 2. Name stated therein is
as stated in Article 35 (2) (when one of the contracting 2. Article 28: Residence is in a remote place different or misspelled
parties believed in good faith that the solemnizing officer • In both cases the solemnizing officer must state in an 3. Misrepresentation of
had authority then the marriage is valid) affidavit that the marriage was performed as such and age (but has to be
that he took necessary steps to ascertain the ages emancipated—18 years
A defect in any of the essential requisites shall render the and that there were no legal impediments to the and above)
marriage voidable as provided in Article 45. marriage. 4. Non-disclosure of prior
3. Article 33: Marriages among Muslims or ethnic marriage and divorce
An irregularity in the formal requisites shall not affect the cultural communities, as long as performed in 5. Falsely stated that he or
validity of the marriage but the party or parties responsible accordance with their customs, rites, practices. she had not been
for the irregularity shall be civilly, criminally and 4. Article 34: Cohabitation by the couple for 5 years previously married.
administratively liable. * Muslims are governed by Code of Muslim personal laws of 6. Falsely swore that he or
the Philippines and not the Family code but the other ethnic she is not under
Art. 5: Any male or female of the age of eighteen years or groups must comply with the other requisites as they are guardianship.
upwards not under any of the impediments mentioned in governed by the Family code.
Articles 37 and 38 (incestuous marriages and those 5. Article 34: Cohabitation between man and woman for * If the couple have a valid
against public policy.) may contract marriage. at least 5 years with no legal impediment at time of marriage license but forgot to
marriage. bring it then marriage will be valid
Art. 6: No prescribed form or religious rite for the (but if they don’t have one and
solemnization of the marriage is required. It shall be VALID MARRIAGE LICENSE: procured one after the marriage
necessary, however, for the contracting parties to appear - Lasts for 120 days from the date of issue and effective within ceremony the marriage will be
personally before the solemnizing officer and declare in the any part of the Philippines only. void)
presence of not less than two witnesses of legal age that
they take each other as husband and wife. This declaration MARRIAGE CEREMONY: * Common law marriages, which
shall be contained in the marriage certificate which shall be - Family code only recognizes ceremonial marriages but there are non-ceremonial, are not
signed by the contracting parties and their witnesses and is no prescribed form of marriage ceremony. recognized in the Philippines.
attested by the solemnizing officer. - The minimum requirement is that the parties personally
appear before the solemnizing officer and declare that they
In case of marriage in articulo mortis, when the party is at take each other in the presence of at least 2 witness of legal
the point of death is unable to sign the marriage certificate, age.
it shall be sufficient for one of the witnesses to the marriage * Declaration does not have to be vocally expressed may be
to write the name of said party, which fact shall be attested inferred by the words used, the manner the ceremony was

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 7: Marriage may be solemnized by:
1. Any incumbent member of the judiciary within the
court’s jurisdiction
2. Any priest, rabbi, imam, or minister of any church
or religious sect duly authorized by his church or
religious sect and registered within the civil
registrar general, acting within the limits of the
written authority granted him by his church or
religious sect and provided that at least one of the
contracting parties belongs to the solemnizing
officers church or religious sect
3. Any ship captain or airplane chief in cases
mentioned in Article 31
4. Any military commander of a unit to which a
chaplain is assigned, in the absence of the latter,
during a military operation, likewise only in the
cases mentioned in Article 32 or
5. Any consul-general, consul or vice consul in the
case provided in Article 10.
- There is a need to limit the persons who can * Stopovers during a flight or
solemnize marriages since marriage is an important voyage are still considered part
institution the state wants to safeguard and protect. of the journey.
- Because the state is interested in marriage, it
becomes a party thereto by manifested in the consent *If the host country allows
required and granted to limited number of officers. marriages to be solemnized by
JUDGES: they can only solemnize marriages within their consuls then even if between a
jurisdiction and they must be incumbent. Filipino and non-Filipino, the
Court of Tax Appeals, Sandiganbayan, Court of Appeals, marriage will still be valid in
Supreme Court: National jurisdiction accordance with Art. 26, which
• Absence of jurisdiction would mean the absence of recognizes international comity.
the authority of the solemnizing officer and thus the
marriage will be null and void.
PRIEST/MINISTER OF A CHURCH OR RELIGIOUS SECT: he GOOD FAITH OF PARTIES: if
should be authorized by the church to do so, he must be the person who solemnized the
registered with the civil registry, and at least one of the marriage did not legally have the
contracting parties belongs to his or her church. authority to solemnize a
SHIP CAPTIAN/PILOT: one of the parties must be at the point marriage, if both or one of the
of death, the marriage must be between the passengers or contracting parties believed that
crewmembers, and the ship or plane must be at sea or in flight. such a person did have the
• An assistant pilot has no authority to solemnize authority the marriage will be
marriages even if the main pilot dies. valid.
MILITARY COMMANDER: He or she should be a military Ex. A priest did not renew his
commander of a unit, he or she must be a commissioned license to marry therefore does
officer (his rank should start from second lieutenant), a not have the authority to marry. If
chaplain should have been assigned to the unit and such one of the contracting parties
chaplain is absent, the contracting parties must also be in knew of this but the other did not
articulo mortis either members of the military operation or the marriage is still valid.
civilians, must be within military zone (there should be
widespread military activity not merely practice). HOWEVER, they must be one of
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: they can the people who can be
only solemnize marriages abroad when both the contracting authorized if they are not the
parties are Filipino. marriage will be void (ignorance
* They also perform the duties of a local civil registrar (like of the law excuses no one)
issuing the license etc.) Ex. A couple goes to a janitor to
* No matter where they are the solemnities and requirements get married. Even if both parties
mandated by Philippine Law shall be observed. are in good faith in thinking that a
MAYOR: Pursuant to the Local Government Code, the mayor janitor can solemnize a marriage
of a city or municipality can now solemnize marriages. they should know who by law are
* When the mayor cannot perform his duties, the acting mayor authorized to.
has the authority to solemnize marriages.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 8: The marriage shall be solemnized publicly in the
chambers of the judge or in open court in the church,
chapel or temple, or in the office of the consul-general,
consul or vice-consul, as the case may be, and not
elsewhere, except in the cases of marriages contracted at
the point of death or in remote places in accordance with
Article 29 of this Code, or where both of the parties request
the solemnizing officer in writing in which case the
marriage may be solemnized at a house or place
designated by them in a sworn statement to that effect.
Art. 9: A marriage license shall be issued by the local civil
registrar of the city or municipality where either contracting
party habitually resides, except in marriages where no
license is required in accordance with Chapter 2 of this
Title.
Art. 10: Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice consul of
the Republic of the Philippines.
The issuance of the marriage license and the duties of the
local civil registrar and of the solemnizing officer with
regard to the celebration of marriage shall be performed by
said consular official.
- Not mandatory but directory in nature.
- Its non-compliance will not make the marriage void
but will only cause civil, criminal, or administrative
liability.
Exceptions to venue stated:
1. When the marriage is in articulo mortis
2. When the marriage is in a remote place
(transportation etc. is difficult to come by)
3. When requested by both parties in writing.
- The marriage license should be procured from the civil
registrar of the city or municipality where either of them
resides. However if they obtain it from another place it is
merely an irregularity and does not affect the validity of the
marriage.
- The consular officials absorb the duties of the local
civil registrar and the solemnizing officer when
Filipinos wish to be married abroad.
- The ceremony and requirements should be in
accordance with Philippine law.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 11: Where a marriage license is required, each of the - Stating all relevant facts needed in order to determine
contracting parties shall file separately a sworn application legal capacity to marry and the eligibility of the
for such license with the proper local civil registrar which parties.
shall specify the following: - Main purpose is to discourage deception, and relieve
1. Full name of the contracting parties from doubt the status of parties who live together.
2. Place of birth - Provides evidence of the status and legitimacy of
3. Age and date of birth offspring.
4. Civil Status MARRIAGE APPLICATION: the civil registrar has to process
5. If previously married, how, when and where the and issue a marriage license. Even if the civil registrar knows
previous marriage was dissolved or annulled of a legal impediment he cannot discontinue unless stopped by
6. Present residence and citizenship the court. (This is to prevent bribery and abuse by the civil
7. Degree of relationship of the contracting parties registrar)
8. Full name, residence and citizenship of the father
9. Full name, residence and citizenship of the
mother
10. Full name, residence and citizenship of the
guardian or person having charge, in case the
contracting parties has neither father nor mother
and is under the age of twenty one years.
The applicants, their parents or guardians shall not be
required to exhibit their residence certificate in any
formality in connection with the securing of the marriage
license.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates - Emancipation is obtained at 18;
or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents duly attested by the marriage no longer emancipates
persons having custody of the originals. These certificates or certified copies of the documents by this Article need not be a child because they must be 18
sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the years of age to marry.
certificate shall be sufficient proof of its authenticity.
- Contracting parties 18 years old
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of and above but BELOW 21 years
the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or of age must obtain the consent of
baptismal certificate has not yet been received though the same has been required of the person having custody thereof at their father, mother, surviving
least fifteen days prior to the date of the application, such party may furnish in lieu thereof his current residence certificate or parent, or guardian in the order
an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer mentioned. (Non-compliance
oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full name, makes the marriage annullable)
residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of
such party. The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good
reputation in the province or the locality.

The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated
in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing
before him, be convinced that either or both of them have the required age.

Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish,
instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse
or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her
previous marriage.

In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or
her actual civil status and the name and date of death of the deceased spouse.

Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between
the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local
civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal
charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally
appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and
attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both
applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.

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Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or - Absence of parental advice
guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage does not affect the marriage.
license shall not be issued till after three months following the completion of the publication of the application therefore. A - Only delays the issuance of the
sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice marriage license for 3 months but
given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any after 3 months the license must
advice, this fact shall be stated in the sworn statement. be issued.

Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to
the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize
marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect
that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling
shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the
application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative
sanctions but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the
counseling referred to in the preceding paragraph

Art. 17: The local civil registrar shall prepare a notice, which
shall contain the full names and residences of the applicants
for a marriage license and other data given in the
applications. The notice shall be posted for ten consecutive
days on a bulletin board outside the office of the local civil
registrar located in a conspicuous place within the building
and accessible to the general public. This notice shall
request all persons having knowledge of any impediment to
the marriage to advise the local civil registrar thereof. The
marriage license shall be issued after the completion of the
period of publication.
- It is the duty of the civil registrar to post a notice informing -
the public of the impending marriage. The purpose of which
is so that persons having knowledge of any impediment to
the marriage can inform the local civil registrar.
- It is to be posted for 10 consecutive days on a bulletin
board outside the office
- The civil registrar shall be issued after the period of
publication.

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Art. 18: In case of any impediment known to the local civil - If an impediment is made known to the civil registrar he EXCEPTIONS:
registrar or brought to his attention, he shall note down the shall merely note it down but he must nonetheless issue the 1. The courts direct civil
particulars thereof and his findings thereon in the application license. This is because the impediments may not be valid at registry to refuse giving
for marriage license, but shall nonetheless issue said license all. out the license
after the completion of the period of publication, unless 2. When the required
ordered otherwise by a competent court at his own instance - The purpose of which is to prevent graft and corruption on certificate of legal
or that of any interest party. No filing fee shall be charged for the part of the civil registry. capacity of foreigners is
the petition nor a corresponding bond required for the not given (Art. 21)
issuances of the order. - If the marriage license was issued despite court
intervention, the marriage will still be valid but the parties
Art. 19. The local civil registrar shall require the payment of responsible may be criminally or administratively liable.
the fees prescribed by law or regulations before the issuance
of the marriage license. No other sum shall be collected in
the nature of a fee or tax of any kind for the issuance of said
license. It shall, however, be issued free of charge to indigent
parties, that is those who have no visible means of income or
whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the local
civil registrar.

Art. 20: The license shall be valid in any part of the - The marriage license is only valid within the
Philippines for a period of one hundred twenty days from the Philippines and not abroad.
date of issue, and shall be deemed automatically canceled at - It is good for 120 days from the date of issue.
the expiration of the said period if the contracting parties
have not made use of it. The expiry date shall be stamped in
bold characters on the face of every license issued

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Art. 21: When either or both of the contracting parties are - A certificate of legal capacity is meant to show that * The civil registry cannot issue a
citizens of a foreign country, it shall be necessary for them a foreigner is capacitated to marry in his or her license without the certificate of
before a marriage license can be obtained, to submit a country. The Philippines adheres to the national law legal capacity however if the civil
certificate of legal capacity to contract marriage, issued by of the contracting parties with respect to their legal registry does issue the marriage
their respective diplomatic or consular officials. capacity to contract marriage. will still be valid.

Stateless persons or refugees from other countries shall, in
lieu of the certificate of legal capacity herein required, submit
an affidavit stating the circumstances showing such capacity
to contract marriage.
Ex. In the US 16 years old is the age when one can contract
marriage. A 16-year-old US citizen may contract marriage in
the Philippines provided that he gives a certificate from his
embassy stating that 16 years old is the legal age to marry.
- If both are citizens of a foreign country and they are
married in their embassy there is no need to follow the
requirement of marriage in the Philippines, only those of their
country.
-If one is a foreigner and one is a Filipino even if they marry
in the consul of the foreigner the certificate of legal capacity
and a marriage license is still necessary.

Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also *Presumption is always in the
state: validity of marriage.
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence Proofs of marriage:
3. The date and precise time of the celebration of the marriage 1. Marriage contract or
4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter certificate
2 of this Title 2. Photocopies of the
5. That either or both of the contracting parties have secured the parental consent in appropriate cases certificate or contract
6. That either or both of the contracting parties have complied with the legal requirement regarding parental from the local civil
advice in appropriate cases and registry
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof. 3. Family bible
4. Baptismal, birth
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of certificates of kids
the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than 5. Judicial decisions
fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipts 6. Testimonies of parties,
shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The witness, solemnizing
solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage officers
certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the 7. Cohabitation and
solemnization of the marriage in place other than those mentioned in Article 8. conduct
8. Statement in a will
* A certificate of marriage made
years after the marriage is
inadmissible as evidence.

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Art. 24: It shall be the duty of the local civil registrar to - The local civil registrar is the government official charged
prepare the documents required by this Title, and to with the preparation and the keeping of all the official
administer oaths to all interested parties without any charge documents.
in both cases. The documents and affidavits filed in
connection with applications for marriage licenses shall be
exempt from documentary stamp tax.

Art. 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry
book strictly in the order in which the same are received. He
shall record in said book the names of the applicants, the
date on which the marriage license was issued, and such
other data as may be necessary

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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), 36, 37 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. 26 refers to formal requisites only, however the EXCEPTIONS to international
marriage must still be solemnized. comity:
- Marriages that are solemnized abroad and are -Either or both contracting parties
recognized as valid there will also be recognized as are Filipinos and below 18 years
valid here (international comity) of age
Ex. If in Vietnam a doctor is authorized to solemnize a -Polygamous and bigamous
marriage and a Filipino couple gets married in Vietnam by a marriages recognized abroad will
doctor such marriage will be considered valid in the not be valid here.
Philippines. -Marriage abroad where there is
mistake of identity of the other
PROOF OF FOREIGN MARRIAGE: necessary to prove the contracting party is not
foreign law and then prove the celebration of marriage. If the recognized here.
law of the other state is not pleaded nor proved the laws of -Marriage by a Filipino to one
the Philippines will be presumed to be similar to that of who is psychologically
foreign laws. incapacitated is not valid here
-Marriages that are incestuous
REMEMBER THE LAWS: are not valid here even if
ART. 15: laws relating to family rights and duties, or to the celebrated abroad and valid
status, conditions and legal capacity of persons are binding there. (Art. 37)
upon citizens of the Philippines even living abroad. -Marriages against public policy
are not valid here either (Art. 38)
ART. 17: prohibitive laws concerning persons, their acts or -Common law marriages are not
property and those which have for their object public order, recognized here, the marriage
public policy and good customs shall not be rendered must still be solemnized and not
ineffective by laws or judgments promulgated, or by contracted.
determinations or conventions agreed upon in a foreign -Same sex marriages between
country Filipinos are not valid even if
done abroad.
ABSOLUTE DIVORCE:
Absolute divorce is not recognized in the Philippines; even if * If a Filipino contracts a foreign
the couple was married abroad the divorce will not be marriage which is null and void
recognized here if one of them is a Filipino. The divorce may under the laws of the state where
be recognized in the foreign country where it was obtained it has been solemnized then such
but not in the Philippines. But the divorce of a foreign citizen marriage will likewise be null and
abroad is recognized in the Philippines as the Philippines void in the Philippines.
recognizes legal capacity of a foreign person.
*If a Filipino changes citizenship then he can get a *If a marriage celebrated abroad
divorce and if he reacquires his Filipino citizenship is invalid in that country but
after that the divorce will still hold. considered valid in the
- If a Filipina marries a foreigner and the foreigner Philippines, the marriage will still
obtains a divorce, the Filipina can marry. be invalid. The law where the
- If the Filipina obtains a divorce although not marriage has been solemnized
recognized in the Philippines, it will be recognized shall apply.
against the foreigner and thus the foreigner will not

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MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
Art. 27: In case either or both of the contracting parties are
at the point of death, the marriage may be solemnized
without necessity of a marriage license and shall remain valid
even if the ailing party subsequently survives.
Art. 28. If the residence of either party is so located that
there is no means of transportation to enable such party to
appear personally before the local civil registrar, the marriage
may be solemnized without necessity of a marriage license.
Art. 29: In the cases provided for in the two preceding
articles, the solemnizing officer shall state in an affidavit
executed before the local civil registrar or any other person
legally authorized to administer oaths that the marriage was
performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that
there is no means of transportation to enable such party to
appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and
relationship of the contracting parties and the absence of
legal impediment to the marriage.
Art. 30: The original of the affidavit required in the last
preceding article, together with the legible copy of the
marriage contract, shall be sent by the person solemnizing
the marriage to the local civil registrar of the municipality
where it was performed within the period of thirty days after
the performance of the marriage.
Art. 31: A marriage in articulo mortis between passengers or
crew members may also be solemnized by a ship captain or
by an airplane pilot not only while the ship is at sea or the
plane is in flight, but also during stopovers at ports of call.
- Solemnizing officers and the mayor are empowered
to solemnize marriages even without a marriage
license if either or both of the contracting parties are
at the point of death.
- Even if the ailing party survives after the marriage,
the marriage will still be valid.
- This envisions a situation wherein the residence of either
party is so located that there is no means of transportation to
enable such party to appear personally before the local civil
registrar, the marriage may be solemnize without a marriage
license.
- The solemnizing officers here are those authorized
to solemnize under Article 7 and the mayor
provided that they solemnize the marriage within
their jurisdiction and within the authority given to
them.
- A pilot or ship captain may solemnize only * If something happens to the
marriages at the point of death while the plane is in main or principal pilot the second
flight or the ship is at sea even during stopovers (it in command cannot solemnize
is still considered part of the flight/voyage). marriages. (They are not
- They can only solemnize marriages between their authorized to by law)
passengers and crew members
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 32: A military commander of a unit, who is a
commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons
within the zone of military operation, whether members of the
armed forces or civilians.
- The military commander must be a commissioned
officer (his/her rank should start from 2nd lieutenant,
ensign and above)
- He should be a commander of a unit.
- There should be a chaplain assigned to the unit
- The marriage should be at the point of death and in
the absence of the chaplain assigned
- The marriage must be solemnized within the zone
of military operations.
- The contracting parties may either be member of
the armed forces or civilians.

Art. 33: Marriages among Muslims or among members of
the ethnic cultural communities may be performed validly
without the necessity of marriage license, provided they are
solemnized in accordance with their customs, rites or
practices.
- Marriages between parties that belong to ethnic
groups, pagans or Muslims are exempt only from
procuring a marriage license. The marriage must
still be solemnized in accordance with their
customs, rites and practices.
- Muslims are governed by the Code of Muslim
Personal Laws of the Philippines thus they are not
governed by the Family Code unlike other ethnic
groups who do not have separate laws.

Art. 34: No license shall be necessary for the marriage of a - Persons cohabiting for at least 5 years living *The solemnizing officer shall
man and a woman who have lived together as husband and together as husband and wife are exempt from also state under oath that he
wife for at least five years and without any legal impediment obtaining a marriage license. ascertained the qualifications of
to marry each other. The contracting parties shall state the - At the time of marriage, they should be without any the parties and that he found no
foregoing facts in an affidavit before any person authorized legal impediment to marry each other. Thus during legal impediment. The fact that
by law to administer oaths. The solemnizing officer shall also the 5 year period, it is not necessary that there is no the officer to investigate shall not
state under oath that he ascertained the qualifications of the legal impediment it is only necessary at the time of invalidate the marriage.
contracting parties are found no legal impediment to the marriage that there is none.
marriage. - The parties shall state the fact of their cohabitation
and the absence of any legal impediment to marry
in an affidavit under oath.

Matters that don’t affect the validity of the marriage:

Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.

Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.

Article 34: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of cohabitation.

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MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 35: The following marriages shall be void from the
beginning:
(1) Those contracted by any party below eighteen years of
age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized
to perform marriages unless such marriages were
contracted with either or both parties believing in good faith
that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered
the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing
under Article 41;
(5) Those contracted through mistake of one contracting
party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article
53.
Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
- Only marriages declared by the legislature, as void should be treated as such. There can
be no other void marriage except those provided by law.
Void Marriage Voidable
Can’t be a source of rights Can be source of rights
Can’t be ratified Ratified by prescription or cohabitation
Can be attacked collaterally. Can only be attacked directly
Can be questioned after death of parties Only assailed during lifetime of parties
Action for nullity has no prescription Action prescribes
- Estoppel or acquiescence does not apply to remedy the infirmity of a void marriage.
Thus if one of the parties stated under oath that they were 25 when they were actually 16
the marriage is void despite the oath.
- Good faith and bad faith generally is immaterial in void marriages except: when either of
the parties believed in good faith that the solemnizing officer had the authority to
solemnize the marriage when in fact he had none. Second, in case the spouse
disappears for 4 years or 2 years in proper cases the present spouse may marry again if
there is a judicial declaration of presumptive death and at the time of the celebration of
marriage either spouse is in good faith that the absent spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day before the
wedding but does not tell H. As long as H is in good faith and does not know of the
presence of W the marriage will still be valid.
- Generally evidence other than a judicial declaration of nullity can be presented except
(direct attack needed) for purposes of remarriage, validity of marriage is essential to the
determination of the case, and when a donor desires to revoke a donation propter
nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the
household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had such
authority. The good faith of the party is what is referred to not the solemnizing officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be one of the
people in Article 7 thus if a couple is married by a janitor, them believing that a janitor can
celebrate a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 36: A marriage contracted by any party who, at the time Psychological incapacity to comply with the essential marital P.I. Insanity
of the celebration, was psychologically incapacitated to obligation of marriage at the time of marriage, even if it Cannot be cured Can be cured
comply with the essential marital obligations of marriage, becomes manifest after the solemnization of the marriage. No consent present since he does
shall likewise be void even if such incapacity becomes - Not defined and thus left on a court-to-court basis. A not know the true meaning of
manifest only after its solemnization. person may actually be efficient in doing other marriage Consent can be given
things such as his profession but with regards to his during lucid interval
married life it can be different.
- Not just stubborn refusal but attributed to PROOF to show P.I.:
psychological causes (not necessarily insane) 1. Observe of duties (living
- Lacking in the exercise of the judgment not lack of together, etc.)
judgment 2. Procreation
- True inability to commit oneself to the essentials of 3. Obligation of parents to
marriage – psychosexual disorders or other children.
personality disorders 4. Senseless and protracted
- Inability to commit to the essentials of marriage – refusal to have
procreation, education of offspring, community of intercourse
life and love 5. Unreasonable
attachment to ones other
Must be characterized by: family or barkada
1. Gravity- grave or serious 6. Transvestism
2. Juridical antecedence – rooted in history of the 7. Indulgence of private
party and may manifest after the marriage. fantasy
3. Incurability 8. Alcohol/substance abuse
9. Extreme immaturity
Jurisprudential Guidelines (CA v. Molina):
1. Burden of proof to show the nullity of marriage
belongs to the plaintiff.
2. Root cause must be medically or clinically
identified, alleged in the complaint, sufficiently
proven by experts, clearly explained by the
decision, must be psychological not physical.
3. Proven to be existing at the time of the celebration
of the marriage
4. Must be incurable (may be absolute or relative to
the given spouse)
5. Must be grave
6. Essential marriage obligations are those embraced
in articles 68 to 71 and Articles 220, 221, 225 with
regards to parents and children.
7. Interpretations in National Appellate Matrimonial
tribunal of Catholic Church though not binding are
persuasive

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
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.
Reasons to Condemn Incestuous Marriages: * The relationship being legitimate
1. Abhorrent to nature or illegitimate is immaterial
2. Brings about confusion of rights and duties
3. Deficient and degenerate offspring
4. Control sex rivalries within families
5. To guide one towards the creation of new nuclear
family
6. Brings about confusion with status
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
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;
(9) Between parties where one, with the intention to
marry the other, killed that other person's spouse, or
his or her own spouse.
- Simulates blood relations although legal fiction (bond created by law, against public
policy)
COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a lesser
degree.
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not provide that
marriages between collateral blood relatives by the half-blood are prohibited.
Case Law: In Re: Simms Estate
- Because of specification in brothers and sisters and no specification with uncles and
nieces, marriage between uncles and nieces are not prohibited
- Unlike ruling in Audley where it deemed it was unnecessary
- Marriage between uncles and nieces who are half-blood is valid due to the presumption
in favor of marriage.
RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity prohibited
in the Family Code are marriages between stepparents and stepchildren and parents-in-law and
children-in-law. (May destroy the peacefulness in family relations)
• Stepbrother and stepsister can marry each other since not included in the
prohibition.
*In the event that the marriage is annulled or nullified or in the event that the marriage is
terminated by death affinity is terminated and thus those that were prohibited due to affinity can
now marry each other. Unless there are living issues (children) in whom the blood of the parties
continue to commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter Adopted
The adopted The adopter
The surviving spouse of the adopted (Envisions that the marriage was terminated due to death.
But if the marriage was terminated after the finality of a nullity or annulment decree then they can
get married) The surviving spouse of adopter
(Envisions that the marriage was terminated due to death. But if the marriage was terminated
after the finality of a nullity or annulment decree then they can get married)
Legitimate children of adopter
Other adopted children of the adopter
Who can they marry:
Adopter Adopted
Children of adopted Parents of adopter
Natural parent Illegitimate child of the adopter
Other relatives Other relatives
Spouse of adopted if alive and not married to adopted Spouse of adopter if alive and not married
to adopter
INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to marry
the other person, if not then not considered against public policy.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 39: The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe
Art. 40: The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of a
final judgment declaring such previous marriage void.
In relation to:
Art. 52: The judgment of annulment or of absolute nullity of
the marriage, the partition and distribution of the properties
of the spouses and the delivery of the children's
presumptive legitimes shall be recorded in the appropriate
civil registry and registries of property; otherwise, the same
shall not affect third persons.
Art. 53: Either of the former spouses may marry again after
compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall
be null and void.
- Time to file an action for declaration of nullity of a
marriage or to invoke such nullity as a defense
does not prescribe.
- Either party in a void marriage can file a nullity case
even though such party is the wrongdoer. Only
husband and wife can file a court case declaring the
marriage void. But it can still be collaterally attacked
by any interested party in any proceeding where the
determination of the validity of marriage is
necessary to give rise to certain rights.
- A judicial declaration of marriage is the only * The subsequent marriage is not
acceptable proof so that a party can contract a considered bigamous since the
subsequent valid marriage. Without it the first marriage is not valid. In a
subsequent marriage will be considered void. bigamous marriage the first
- In connection with it, Articles 52 and 53 which has subsisting marriage is valid.
to do with the liquidation, partition and distribution of Bigamy envisions 2 valid
the properties without which the marriage will marriages. If the first or the
likewise be void. second marriage is void then there
can be no bigamy.
BIGAMY: Committed by any person who shall contract a
second or subsequent marriage before the former marriage
has been legally dissolved or before the absent spouse has
been declared presumptively dead by judgment.
- Marriage becomes void not because of bigamy but
because of certain impositions in law that must be done
before contacting a second marriage.
*Without article 40 one cannot perform Article 52.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
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.
- A declaration of presumptive death is needed for
the absentee in order to contact a new marriage.
Article 42: The subsequent marriage made will become void
with the recording of the affidavit of reappearance of the
subsequent spouse. Such notice will be filed in the civil
registry of the residence of the parties in subsequent
marriage, and give them due notice- ONLY CASE WHERE
MARRIAGE IS TERMINATED EXTRAJUDICIALLY. Any
interested party can file for the affidavit of reappearance.
Exception to 42: if the affidavit is fraudulent then it is
ineffectual.
Exception: Prior spouse has been
absent for 4 consecutive years
and there is a well founded belief
(must exercise due diligence to
ascertain whereabouts or if she is
dead or alive) that absent spouse
is dead (2 years will suffice if there
was danger of death)
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 43: The termination of the subsequent marriage
referred to in the preceding Article shall produce the
following effects
(1) The children of the subsequent marriage conceived
prior to its termination shall be considered legitimate;
(2) The absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved and
liquidated, but if either spouse contracted said marriage in
bad faith, his or her share of the net profits of the
community property or conjugal partnership property shall
be forfeited in favor of the common children or, if there are
none, the children of the guilty spouse by a previous
marriage or in default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid,
except that if the donee contracted the marriage in bad
faith, such donations made to said donee are revoked by
operation of law;
(4) The innocent spouse may revoke the designation of
the other spouse who acted in bad faith as beneficiary in
any insurance policy, even if such designation be stipulated
as irrevocable; and
(5) The spouse who contracted the subsequent
marriage in bad faith shall be disqualified to inherit from the
innocent spouse by testate and intestate succession.
Art. 44: If both spouses of the subsequent marriage acted
in bad faith, said marriage shall be void ab initio and all
donations by reason of marriage and testamentary
dispositions made by one in favor of the other are revoked
by operation of law.
VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment (exclusive).
Article
- Applies to Article 40, Article 41 and voidable marriages. *Donation made between persons
STATUS OF CHILDREN: Children conceived during the who are guilty of adultery or
subsequent marriage contemplated in Art. 41 are legitimate concubinage at the time of the
even if one of the contracting parties is in bad faith. donation is void.
EFFECT OF TERMINATION ON THE PROPERTY
REGIME: The property regime shall be dissolved and
liquidated. After the payment of all debts, the spouses shall
divide the net profits of the property equally or in accordance
with the stipulated sharing. If a spouse acted in bad faith, the
guilty spouse shall not get his share in the net profits (his/her
share will be forfeited in favor of the common children, if
none the children of the guilty spouse by a previous
marriage, if none to the innocent spouse.)
DONATIONS BY REASON OF MARRIAGE: If both parties
are in good faith, the donation shall be valid. If the donee
acted in bad faith in contracting the marriage, the donation
by reason of marriage is terminated by operation of law. If
both are in bad faith neither can recover what they have
given.
DESIGNATION AS BENEFICIARY IN INSURANCE
POLICY: The innocent spouse has the choice of revoking
the beneficiary in an insurance policy even if the policy is
irrevocable. (Should inform the insurance company)
DISQUALIFICATION AS TO INHERITANCE: The spouse
who acted in bad faith shall be disqualified to inherit from the
innocent spouse. If both spouses are in bad faith according
to Article 44 the marriage is void and the parties cannot
inherit.
- The marriage shall be considered void only if both
spouses in the subsequent marriage are in bad
faith.
- The good faith of the spouse must be present up to
the time of the celebration of the subsequent
marriage.
Annotation Exception/ Filing:
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Article 45: Must exist at the time of 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
2. That either party was of unsound mind, unless
such party after coming to reason, freely cohabited
with the other as husband and wife
- The parents of the child can annul the marriage at
any time prior to the time the child reaches the age
of 21.
Ratification: Through cohabitation after reaching the
age of 21 years old.
- Must be clear that illness is serious that cannot
understand marriage contract at the time of the
marriage.
Ratification: Through cohabitation by the person
with the unsound mind after he has come to reason
*Once ratified the marriage will be valid and no
longer annullable even if the insanity comes back.
Party to file suit: Parent or guardian before the child
reaches 21 and the party who did not obtain
consent within 5 years after reaching 21.
* If the spouse knew that the spouse was insane
prior to the celebration of the marriage she cannot
annul the marriage.
Party to file suit: Sane spouse without knowledge
before the death of either party, relative or guardian
of insane at any time before the death of either
party, and insane spouse before the death of either
party.
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3. That the consent of either party was obtained by
fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely PREVIOUS CONVICTION: No need for
cohabited with the other as husband and wife
Article 46: Fraud: existing at time of marriage
1. Non-disclosure of previous conviction by
final judgment of a crime involving moral
turpitude.
2. Concealment of the wife of the fact that
she was pregnant at the time of marriage
by another man.
3. Concealment of STD regardless of its
nature existing at the time of the marriage. CONCEALMENT OF STD: Nature or gravity is
4. Concealment of drug addiction, habitual
alcoholism, or homosexuality or lesbianism enough.
existing at the time of the marriage.
4. That the consent of either party was obtained by
force, intimidation or undue influence, unless the
same having disappeared or ceased, such party
thereafter freely cohabited with the other as
husband and wife;
Persons and Family Relations 2009 (Atty. Sta. Maria)
*No other misrepresentations will be acceptable to Exception to 46(2): If the woman was unchaste
constitute fraud to annul a marriage. and the man knew of her unchaste character.
Exception to 46(2): If woman did not inform the
investigation on the part of the party but there must man but pregnancy was apparent.
be a final judgment.
CONCEALMENT OF PREGNANCY: Concealment Party to file suit: Injured party within 5 years after
must be done in bad faith. Thus, if the woman truly the discovery of fraud
believed she was not pregnant when she was the
marriage cannot be annulled.
- Misrepresentation that she was pregnant
to induce the man to marry her when she
was in fact not pregnant is not considered
for annulment.
irrelevant; the fact that it was concealed was
CONCEALMENT OF ADDICTIONS: No exact
meaning but has been defined as persistent habit of
becoming intoxicated, irresistible habit.
*Does not need to get drunk all the time, the habit
of becoming periodically drunk and being unable to
resist when the opportunity arises.
CONCEALMENT OF GENDER PREFERENCE:
considers the effect on the injured spouse in
performing his/her marital duties. Mental fitness,
health, etc. Does not nurture a natural and
wholesome family,
Ratification: Cohabitation after the innocent spouse
has full knowledge of the facts constituting the fraud
- Violence here may be physical or moral. Party to file the suit: Injured party within 5 years
- Intimidation is when there is a reasonable and from the time the force, intimidation or undue
well-rounded fear of an imminent and grave evil influence disappeared or ceased.
upon his person or property.
Ratification: Cohabitation after the cause of the
vitiated consent ceases.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

5. That either party was physically incapable of
consummating the marriage with the other, and
such incapacity continues and appears to be
incurable
- Permanent inability on the part of one of the
spouses to perform the complete act of sexual
intercourse (must be incurable).
- Can originate from a psychological problem, which
affects the physical.
- Must exist at the time of the marriage.
- May be caused both by husband and wife.
Exception: Sterility is not considered impotency
because he can still engage in sexual coition.
Organs for conception not necessary because there
is still passion.
Party to file the suit: Within 5 years after the
marriage ceremony

NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of
impotence arises when wife remains a virgin after 3
years from the time of marriage.

6. That either party was afflicted with a sexually- No ratification by cohabitation

transmissible disease found to be serious and
appears to be incurable

Art. 48: In all cases of annulment or declaration of
absolute nullity of marriage, the Court shall order
the prosecuting attorney or fiscal assigned to it to
appear on behalf of the State to take steps to
prevent collusion between the parties and to take
care that evidence is not fabricated or suppressed
In the cases referred to in the preceding paragraph,
no judgment shall be based upon a stipulation of
facts or confession of judgment
- The state will ensure the prevention of
collusion between the parties (who may
make up a ground to annul the marriage)
and to ensure that the evidence is not
fabricated
- No judgment shall be based on a
confession and a stipulation of facts only.

Art. 49: During the pendency of the action and in
the absence of adequate provisions in a written
agreement between the spouses, the Court shall
provide for the support of the spouses and the
custody and support of their common children. The
Court shall give paramount consideration to the
moral and material welfare of said children and their
choice of the parent with whom they wish to remain
as provided to in Title IX. It shall also provide for
appropriate visitation rights of the other parent.
- While trial is on going the support of the * In nullity cases, if the marriage is deemed to be
spouses and custody of the children shall void then the one who got support should return it
be governed by whatever agreement the with legal interest to the person who furnished
parties have made. If none then they shall support since such person was not entitled to the
be supported from the absolute community support there being no marriage.
of property or conjugal partnership of
gains.
- The court may however make the
necessary adjustments in case the
agreement is inadequate.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 50: The effects provided for by paragraphs (2),
(3), (4) and (5) of Article 43 and by Article 44 shall
also apply in the proper cases to marriages which
are declared ab initio or annulled by final judgment
under Articles 40 and 45.
The final judgment in such cases shall provide for
the liquidation, partition and distribution of the
properties of the spouses, the custody and support
of the common children, and the delivery of third
presumptive legitimes, unless such matters had
been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the
absolute community or the conjugal partnership
shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on
which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and
129.
Art. 51: In said partition, the value of the
presumptive legitimes of all common children,
computed as of the date of the final judgment of the
trial court, shall be delivered in cash, property or
sound securities, unless the parties, by mutual
agreement judicially approved, had already
provided for such matters.
The children or their guardian or the trustee of their
property may ask for the enforcement of the
judgment.
The delivery of the presumptive legitimes herein
prescribed shall in no way prejudice the ultimate
successional rights of the children accruing upon
the death of either of both of the parents; but the
value of the properties already received under the
decree of annulment or absolute nullity shall be
considered as advances on their legitime.
Article 43: effects of termination of subsequent *The judgment and decree of nullity or annulment
marriage (liquidation, disposition, donation, will become final upon the expiration of 15 days
insurance, inheritance) from the receipt of the parties of the decision. (Thus
Article 44: Both spouses of the subsequent any marriage prior to the 15 days may be
marriage are in bad faith the marriage shall be void considered bigamous since the marriage is still
Article 40: Final judgment declaring a marriage was subsisting at that time.)
void for a subsequent marriage.
- In all other cases of a void marriage the property
regime will be governed by Art. 147 (wages and
salaries owned by them in equal shares property
governed by co-ownership) Art. 148 (properties
acquired through joint contributions only and
divided in proportion to their contributions)
Presumptive Legitime: Part of the property of the * The children or the guardian may seek the
testator, which cannot be disposed of because the enforcement for the delivery of the presumptive
law has reserved it for certain compulsory heirs. legitime.
The decree of annulment or nullity of marriage
provides for the delivery of the presumptive
legitimes this is in order to protect the legitime of
the children from subsequent marriage.
Ex. If A husband of B dies, their child C will inherit a
legitime from A’s properties. In this case there is no
death thus the legitime is presumed (what A’s
properties would be if he died at this time) and that
is what is given to C.
• In the event that the either or both parents
die later on the presumptive legitime given
is considered an advance on their legitime
and are just given the remaining balance
due them.
• In void marriages other than that provided
for in Art. 40, the presumptive legitime is
not delivered.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 54: Children conceived or born before the
judgment of annulment or absolute nullity of the
marriage under Article 36 has become final and
executory shall be considered legitimate. Children
conceived or born of the subsequent marriage
under Article 53 shall likewise be legitimate.
- Generally, children conceived and born outside a
valid marriage or inside a void marriage are
illegitimate except those coming from a marriage
void due to psychological incapacity and those due
to lack of judicial decree of nullity or liquidation or
dissolution of property.
* If the child is conceived prior to the marriage and
the marriage is terminated under Art. 36 or 53 child
will be illegitimate (the subsequent void marriage
even under these articles will not legitimate them)

LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)

Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file on behalf of
children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary. Included as part of VAWC
such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondent’s child from a previous marriage.

Article 55: Happens after marriage ceremony
1. Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner
Physical violence here is measured not by the * Does not include a ground for legal separation
severity but by the frequency. However if it is not when the respondent-spouse inflicts violence on
repeated or is not physical violence it may be his/her own child from a previous marriage but may
considered as grossly abusive conduct. cause to suspend or terminate parental authority.
Art. 231 (1): Parental authority can be suspended
Grossly abusive conduct need not be repeated but when the parent treats the child with excessive
more of a serious act: rely on proportionality and harshness or cruelty
abusive conduct to what was committed.
- Continued indifference or aversion to
spouse and persistent neglect of duties
incident to marital relation, etc.
- Use of offensive and abusive language
with intent and fixed purpose of causing
unhappiness.
- Other acts of corruption, which do not fall
under prostitution.

2. Physical violence or moral pressure to compel - There should be unity in the family and thus the *Enforce human rights through acceptance of the
the petitioner to change religious or political couple should learn to live with each other’s political other’s right
affiliation ideas.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
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 respondent
7. Respondent contracts a subsequent bigamous
marriage
8. Sexual infidelity or perversion
9. Attempt by the respondent against the life of the
petitioner
- The children here may or may not be * Other forms of corruption can fall under grave
emancipated. abuse of conduct
- The corrupt act here refers to prostitution only, a
mere attempt is enough the respondent need not be
successful at the corruption or inducement.
- There is no cause of action when the child
involved is that of the respondent from another
marriage.
- The crime need not be against the other spouse. It
can be against anyone.
- The fact that the crime had been pardoned doesn’t
matter as long as there is a final judgment.
- The extent and nature of such is the same, as
those in annulment cases but such grounds may
exist even after the marriage ceremony unlike
annulment.
- Considered as a form of cruelty or mental anguish
- Must engage in homosexual acts
- Illegally contracting a marriage despite full *Whether the marriage was done in the Philippines
knowledge that the first marriage still validly exists or abroad is immaterial.
or without obtaining a judicial declaration of
presumptive death.
- Other acts of sexual infidelity short of concubinage Exception: If the wife condones sexual perversion
and adultery are enough as long as they constitute with her husband then it cannot be a ground for
a clear betrayal of trust. legal separation.
- Sexual perversion can be done to ones own wife.
- Must come from an evil design or unlawful cause Exception: when it is for self-defense (or some
- No need for any criminal conviction, other justifiable reason)
preponderance of evidence is enough. (If there is a Exception: Spouse caught the other in flagrante
criminal conviction, the other spouse can be delicto
disinherited even if there is no legal separation case
filed)
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

10. Abandonment of petitioner by respondent Willfully left the dwelling without intention of *If there is an unjustifiable for leaving then it is not
without justifiable cause for more than one year. returning. considered abandonment.
For purposes of this Article, the term "child" shall *There must be a wrongful intent to desert,
include a child by nature or by adoption continued for the statutory period.

Article 56: Denial of legal separation if they fall on the following grounds

1. Where the aggrieved party has condoned the offense or act - May be expressed or implied forgiveness Exception: if after the
complained of - Not looking for an erring wife after she commits an condonation the guilty spouse
offense does not mean forgiveness. repeats the offense then can still
file for legal separation.

2. Where the aggrieved party has consented to the commission of Either spouse agreed or did not object to the offense
the offense or act complained of BEFORE it was committed.

3. Where there is connivance between the parties in the
commission of the offense or act constituting the ground for legal
separation
- Where the spouses agree that one spouse will commit
the offense to give grounds for legal separation.
- Where one of the parties employed a 3rd party to
induce the other spouse to commit the offense to give
grounds.
- Corrupt consenting

4. Where both parties have given ground for legal separation - When two persons acted in bad faith, they should be
considered as having acted in good faith.

5. Where there is collusion between the parties to obtain decree - In collusion the couple makes it appear that there is a
of legal separation ground for legal separation but actually there is none.
- Corrupt agreement
- The act need not actually happen

6. Where the action is barred by prescription - An action for legal separation must be filed within 5 Art. 57: An action for legal
years from the occurrence of the cause. separation shall be filed within
- From the time the act occurred not the discovery of the five years from the time of the
cause of action. occurrence of the cause

Art. 58: An action for legal separation shall in no case be tried - The defendant is required to answer the petition 15 *Failure to observe the 6-month
before six months shall have elapsed since the filing of the days from the date of the receipt of the complaint. cooling off period is a ground to
petition However whether or not the defendant files an answer set aside a decision granting
or not there should be no hearing on the merits by the legal separation.
court until after a 6-month cooling-off period is
terminated. *Other incidents may be heard
during the 6-month period such
as support and custody.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 59: No legal separation may be decreed unless the Court - The court must try to salvage the marriage by taking * However even if there is no trial
has taken steps toward the reconciliation of the spouses and is steps towards reconciliation. the couple may choose not to live
fully satisfied, despite such efforts, that reconciliation is highly together. They cannot be forced
improbable. to live together.

Art. 60: No decree of legal separation shall be based upon a - If the defending party fails to answer he or she
stipulation of facts or a confession of judgment. cannot be defaulted and the court shall order
In any case, the Court shall order the prosecuting attorney or the prosecuting attorney to investigate whether
fiscal assigned to it to take steps to prevent collusion between the there is collusion or not between the parties.
parties and to take care that the evidence is not fabricated or - Even if the party answers the fiscal is still
suppressed. mandated to make sure there is no collusion
and that the evidence is genuine.
* If the case is vehemently
opposed and contested and it is
clear that the litigation is a no-
holds barred contest and not
collusion the non-intervention of
the prosecuting attorney is not
fatal to the validity of the
proceedings.

Art. 61: After the filing of the petition for legal separation, the - In the absence of a written agreement between * Death of the plaintiff before the
spouses shall be entitled to live separately from each other the spouses, the court shall designate who final decree in an action for legal
The court, in the absence of a written agreement between the shall administer the properties (it can be a third separation terminates the case.
spouses, shall designate either of them or a third person to person).
administer the absolute community or conjugal partnership
property. The administrator appointed by the court shall have the
same powers and duties as those of a guardian under the Rules
of Court.

Art. 62: During the pendency of the action for legal separation, Art. 49: During the pendency of the action and in the
the provisions of Article 49 shall likewise apply to the support of absence of a written agreement, the court will provide
the spouses and the custody and support of the common for the support and custody.
children.

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Art. 63: The decree of legal separation shall have the following
effects:
1. The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed;
2. The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no
right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
3. The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of this
Code; and
4. The offending spouse shall be disqualified from inheriting from
the innocent spouse by intestate succession. Moreover,
provisions in favor of the offending spouse made in the will of the
innocent spouse shall be revoked by operation of law.
Art. 64: After the finality of the decree of legal separation, the
innocent spouse may revoke the donations made by him or by
her in favor of the offending spouse, as well as the designation of
the latter as beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable. The revocation of the
donations shall be recorded in the registries of property in the
places where the properties are located. Alienations, liens and
encumbrances registered in good faith before the recording of the
complaint for revocation in the registries of property shall be
respected. The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written notification
thereof to the insured
The action to revoke the donation under this Article must be
brought within five years from the time the decree of legal
separation become final.
Art. 65: If the spouses should reconcile, a corresponding joint
manifestation under oath duly signed by them shall be filed with
the court in the same proceeding for legal separation.
- Though the spouses are entitled to live separately the * No children below 7 years old
marriage bond shall not be severed. They are still shall be separated from the
married to each other. mother unless the court finds
- The property shall be liquidated, the offending spouse compelling reasons to order
shall have no share or right to the profits earned and otherwise (Tender Years
shall be forfeited in favor of the common children if none Doctrine)
the children of the guilty spouse if none then to the
innocent spouse.
- The innocent spouse shall generally have custody of
the children however the major consideration is always
the paramount interest of the children.
- The offending spouse shall be disqualified from
inheriting form the innocent spouse by intestate
succession furthermore provisions in favor of the
offending spouse made in the will of the innocent
spouse shall be revoked by operation of law.
- The law gives the option to innocent party
whether to revoke or not the donation of the
guilty party in an insurance.
- The revocation must be made within 5 years
from the time the decree of legal separation
has become final.
* The revocation of or change in the designation of
insurance beneficiary shall take effect after written
notification to the insurer not the insured since it makes
more sense however the law states notification should
be given to the insured thus that should be followed.
- If the case is still pending then it shall be * The creditors should be
terminated, if the decree has been issued then informed of the changes with
it shall be set aside. regard to the property etc.
- Separation of properties will still subsist, but the
parties can enter into an agreement to revive
the prior property regime.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 66: The reconciliation referred to in the preceding Articles
shall have the following consequences:
1. The legal separation proceedings, if still pending, shall thereby
be terminated at whatever stage; and
2. The final decree of legal separation shall be set aside, but the
separation of property and any forfeiture of the share of the guilty
spouse already effected shall subsist, unless the spouses agree
to revive their former property regime.
The court's order containing the foregoing shall be recorded in
the proper civil registries.
Art. 67: The agreement to revive the former property regime
referred to in the preceding Article shall be executed under oath
and shall specify:
1. The properties to be contributed anew to the restored regime
2. Those to be retained as separated properties of each spouse;
and
3. The names of all their known creditors, their addresses and the
amounts owing to each.
The agreement of revival and the motion for its approval shall be
filed with the court in the same proceeding for legal separation,
with copies of both furnished to the creditors named therein. After
due hearing, the court shall, in its order, take measure to protect
the interest of creditors and such order shall be recorded in the
proper registries of properties.
The recording of the ordering in the registries of property shall not
prejudice any creditor not listed or not notified, unless the debtor-
spouse has sufficient separate properties to satisfy the creditor's
claim.
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
- Generally the law provides that one can only fix
the property regime before the marriage
celebration but the rules now set forth that the
adoption of another property regime can be
made aside from that which they had
previously existing during their marriage.
EFFECT OF REVIVAL:
1. If creditors are notified they should file
opposition on properties if they have debts that
should be paid by either spouse.
2. If creditors are notified but they don’t file they
cannot get from the properties that will be
placed in co-ownership in the revival.
3. If creditors are not notified then they can collect
from properties co-owned.
4. If creditors are not notified but there are
separate properties they can’t get from co-
owned properties.
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Art. 68: The husband and wife are obliged to live
together, observe mutual love, respect and fidelity,
and render mutual help and support.
Reason: So couples wont abandon each other
based on their whims and caprices
- Procreation is also an essential marital
obligation.
- A court cannot compel the spouses to live
together, observe mutual love, respect and
fidelity.
RAPE:
1. Committed by a man against a woman who shall
have carnal knowledge of her through force,
intimidation or threat; when she is deprived of
reason or consciousness, machinations or grave
abuse of authority.
2. Even if none of the circumstances are present if
woman is below 12 or demented.
3. Any person who inserts any foreign object into
genital or anal orifice (rape can be committed
against a man)
4. Any person who inserts penis into oral or anal
orifice.
* Remedy if other spouse is not living with you:
seek relief from court so that you do not have to
give him support.
• A husband can be liable for raping his wife
however the subsequent forgiveness by
the wife to the offended party shall
extinguish the criminal action.
BEFORE: Matrimonial exemption from rape
1. Man and woman become 1 so man cannot
rape himself
2. Marriage contract means wife consents to
all and any sexual intercourse with
husband.
REBUT:
1. Woman has certain rights and liberties,
which separate her from the man.
2. Absolute consent is not sound since
marriage itself is revocable.

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.
- The domicile of natural persons is the
place of their habitual residence, where
parties intend to have their permanent
residence.
- In case of disagreement between the
husband and the wife the court shall
decide.
- The spouse not living in the domicile must
prove the intent of husband is for solidarity
of family.

Art. 70: The spouses are jointly responsible for the
support of the family. The expenses for such
support and other conjugal obligations shall be paid
from the community property and, in the absence
thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of
said income or fruits, such obligations shall be
satisfied from the separate properties.
EXPENSES FOR SUPPORT AND OTHER
CONJUGAL OBLIGATIONS:
1. From the community property
2. In absence thereof income of fruits of the
separate properties
3. If insufficient or absent from the separate
properties themselves.

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Art. 71: The management of the household shall be
the right and the duty of both spouses. The
expenses for such management shall be paid in
accordance with the provisions of Article 70.
Art. 72: When one of the spouses neglects his or
her duties to the conjugal union or commits acts
which tend to bring danger, dishonor or injury to the
other or to the family, the aggrieved party may apply
to the court for relief.
Art. 73: Either spouse may exercise any legitimate
profession, occupation, business or activity without
the consent of the other. The latter may object only
on valid, serious, and moral grounds.
In case of disagreement, the court shall decide
whether or not:
1. The objection is proper; and
2. Benefit has occurred to the family prior to the
objection or thereafter. If the benefit accrued prior to
the objection, the resulting obligation shall be
enforced against the separate property of the
spouse who has not obtained consent.
The foregoing provisions shall not prejudice the
rights of creditors who acted in good faith.
PROPERTY RELATIONS
- Shall be the right and duty of both spouses
regardless of what the property regime is.
- In the event that one of the spouses
neglects his or her duties or commits acts
that endanger or dishonor the family the
aggrieved party may apply to the court for
relief.
FORMS OF RELIEF:
1. Legal separation
2. Psychological incapacity
3. Petition for receivership judicial, separation
of property to become sole administrator of
property.
- Based on presumption, despite objection Exceptions: For the separate properties to be liable
(before or after) it will still go to family. the other spouse must have no knowledge of the
- VAWC: If husband prevents you from immoral activity and therefore could not give an
doing a right then punishable by law. objection even if benefit accrues to the family.
- The objection must be all valid, serious,
and on moral grounds at the same time. Exception liability against separate property: If the
- If it is an isolated activity—contract— creditor did not know of the immoral activity or
without consent of other spouse, the thought it was to be used for a legitimate business,
conjugal spouse can’t be liable creditor can collect from conjugal properties.
GENERAL RULE:
1. Obligations incurred before or after the
marriage but redounding to the benefit of
the family shall be charged to the conjugal
properties
2. Spouse’s job redounds to the benefit of the
family thus obligations can be satisfied
from the conjugal property.
3. If the benefit accrued prior to the objection,
the resulting obligation shall be enforced
against the separate property of the
spouse who has not obtained consent.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 74: The property relationship between
husband and wife shall be governed in the
following order:
1. By marriage settlements executed before the
marriage;
2. By the provisions of this Code; and
3. By the local custom.
Art. 75: The future spouses may, in the marriage
settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete
separation of property, or any other regime. In the
absence of a marriage settlement, or when the
regime agreed upon is void, the system of absolute
community of property as established in this Code
shall govern.
Marriage Settlements: must be in writing signed by EFFECT OF NO MARRIAGE SETTLEMENT:
the parties, and made prior to the celebration of the 1. If the mortgage was registered then the
marriage if it is not in writing it shall be new spouse’s property will also be liable.
unenforceable. 2. If the mortgage was not registered the new
- If there is no marriage settlement agreed spouse will not be liable but the mortgage
upon or if the same is void, then the will be impaired and the debtor spouse will
absolute community of property will prevail. loose the right to make use of the period.
EFFECT OF MARRIAGE SETTLEMENT: • Must give new securities so as
1. Property in marriage settlement is not to loose the period.
registered did not redound to family,
creditor can’t get from co-owned * If the marriage settlement does not particularize
2. If marriage settlement is not registered, any valid property regime such provision is void and
can get from co-owned thus the absolute community of property shall
3. If redounded to benefit of family can get prevail.
from co-owned even if not registered.
*Marriage settlement must be fair, they must
exercise good faith in contracting the marriage
settlement. However if the agreement is not fair as
long as the disadvantaged spouse shows that he/
she understood it then the marriage settlement shall
be maintained.
LOCAL CUSTOMS: rule of conduct formed by
repetition of acts uniformly observed as a social
rule, legally binding and obligatory.
- If a marriage settlement is absent or property
regime agreed upon is void, Absolute community of
property will govern.
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Article 76: Modifications in marriage settlement
must be made before the celebration of the
marriage.
Art. 77: The marriage settlements and any
modification thereof shall be in writing, signed by the
parties and executed before the celebration of the
marriage. They shall not prejudice third persons
unless they are registered in the local civil registry
where the marriage contract is recorded as well as
in the proper registries of properties.
(Oral marriage settlement is VOID)
Exception under Article 66 and 67: Revival or
adoption of new property regime when those legally
separated have reconciled.
Exception under Article 128: in case of
abandonment of a spouse other spouse can petition
for receivership or administration of properties or
judicial decree of separation of properties
Exception under Article 135: Further grounds for
judicial separation of property
Exception under Article 136: voluntary and
verified petition in court of both spouses to modify
regime into separate community of property regime.

Art. 78: A minor who according to law may contract
marriage may also execute his or her marriage
settlements, but they shall be valid only if the
persons designated in Article 14 to give consent to
the marriage are made parties to the agreement,
subject to the provisions of Title IX of this Code.
- Now a minor or a person below 18 years old
cannot contract to a marriage. An 18-year-old
person deciding to get married can execute a
marriage settlement without obtaining consent.

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.
- It is mandatory that a person with civil interdiction
must have a guardian appointed by the court to be
involved in making the marriage settlement
CIVIL INTERDICTION: deprives the offender during
the sentence, rights in marriage, parental rights, and
administration of property.

Art. 80: In the absence of a contrary stipulation in a Extrinsic validity: The form of the contract has to
marriage settlement, the property relations of the follow whatever is the law in the country for changes
spouses shall be governed by Philippine laws, to be made (change title etc.)
regardless of the place of the celebration of the
marriage and their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines
and executed in the country where the property is
located; and
3.With respect to the extrinsic validity of contracts
entered into in the Philippines but affecting property
situated in a foreign country whose laws require
different formalities for its extrinsic validity.

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Art. 81: Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration of a future marriage, including
donations between the prospective spouses made
therein, shall be rendered void if the marriage does
not take place. However, stipulations that do not
depend upon the celebration of the marriages shall
be valid.
- The reason for the marriage settlement is the * Donations in marriage settlements are revoked by
marriage itself thus if it does not take place the operation of law.
marriage settlement shall not be valid.
- The provisions in a marriage settlement are
separable thus if there are provisions which are
invalid then only the invalid provisions will be
ineffectual while the rest will be enforced.

VOID MARRIAGE SETTLEMENTS

ARTICLE 76 Those not written, signed and made before the

celebration

Article 76 Those that stipulate that neither local custom nor

absolute community of property will govern without
stipulating any other kind of property regime.

Article 80 Those made by a person upon who a sentence of Exception: unless a guardian appointed made by a
civil interdiction is given competent court is made party thereto

Article 81 Those stipulated in marriage settlement or contracts Exception: stipulations that don’t depend on the
made in consideration of marriage (donations) will celebration of the marriage shall remain valid.
be void if marriage does not take place

Effects on creditors

Marriage settlements - Only needs to be registered in order to bind third parties. If Exception to third party rule: If indebtedness benefited
registered, third parties cannot go after conjugal property to the family then can go after community of property.

No marriage settlements: Absolute
community of property.
If there is no marriage settlement:
1. If property is registered then spouse is bound by
mortgage
2. If property is not registered then property is impaired
and the debtor looses period of loan.
Exception to impairment of property: if debtor
immediately gives new property equally satisfactory or get
consent of X to the security or collateral already
established, then he does not loose period of loan.

DONATIONS

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 82: Donations by reason of marriage are those,
which are made before its celebration, in
consideration of the same, and in favor of one or both
of the future spouses.
Art. 83: These donations are governed by the rules
on ordinary donations established in Title III of Book
III of the Civil Code, insofar as they are not modified
by the following articles.
Art. 84: If the future spouses agree upon a regime
other than the absolute community of property, they
cannot donate to each other in their marriage
settlements more than one-fifth of their present
property. Any excess shall be considered void.
Donations of future property shall be governed by the
provisions on testamentary succession and the
formalities of wills.
Article 85: Donations by reason of marriage of
property subject to encumbrances shall be valid. In
case of foreclosure of the encumbrance and the
property is sold for less than the total amount of the
obligation secured, the donee shall not be liable for
the deficiency. If the property is sold for more than
the total amount of said obligation, the donee shall be
entitled to the excess.
DONATIONS PROPTER NUPTIAS: Procedure--Movable:
1. Donations are to be made prior to the celebration of 1. Accepted personally or
marriage representative
2. Must be made in favor of 1 or both of the spouses. Can be 2. Made in lifetime of donor and donee
made by a third party in the settlement. 3. Can be orally given as long as with
Donation between spouses: simultaneous delivery or document
1. A valid marriage settlement must stipulate another representing right of donated (if above
regime than Absolute Community of Property (ACP) 5000 then must be in writing)
2. Donation cannot be more than 1/5 of the present
property of the donee spouse. Procedure--Immovable:
3. Must be accepted and comply with other. 1.must be in public document
Exception: 1/5 rule will not apply if donation is in a separate 2. Acceptance made in that document
deed, provided he has enough to support himself and those or separate
relying on him. 3. Must be made in lifetime of donor.
DONATIONS EXCLUDED:
1. Made in favor of the spouses
after the celebration of the
marriage
2. Executed in favor of the future
spouses but not in
consideration of marriage
3. Granted to persons other than
the spouses even though they
may be founded on the
marriage.
ENCUMBRANCE: Anything that impairs the use or transfer of
property (burdened)
- If the object of the donation is encumbered it is still valid but
the donee’s rights are still subject to the encumbrance.
IN CASE OF ENCUMBRANCE OF PROPERTY:
1. Donee wont be liable for insufficiency of property to
creditor. The donor will still be liable for that.
2. Donee can keep excess if property more than satisfies the
debt.
3. Donee cannot ask for reimbursement from donor if
mortgage is foreclosed.
- But wont be liable for deficiency, and gets the excess if sold
for more than amount.
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Art. 86: A donation by reason of marriage may be
revoked by the donor in the following cases:
1. If the marriage is not celebrated or judicially
declared void ab initio except donations made in the
marriage settlements, which shall be governed by
Article 81;
2. When the marriage takes place without the
consent of the parents or guardian, as required by
law;
3. When the marriage is annulled, and the donee
acted in bad faith;
4. Upon legal separation, the donee being the guilty
spouse;
5. If it is with a resolutory condition and the condition
is complied with;
6. When the donee has committed an act of
ingratitude as specified by the provisions of the Civil
Code on donations in general.
1. Marriage is not celebrated or is void ab initio
(including art. 52-53)
Prescription:
- Marriage is void: 5 years from Judicial Declaration of
Nullity (if doesn’t want to give it back, prescribe after
8 years for movable, 30 years for immovable)
- Marriage not celebrated: 5 years from when it was
not celebrated
2. Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent was
not obtained, after the marriage.
3. Upon legal separation when donee is the guilty
spouse
Prescription:
- 5 years from finality of decree.
Exception: If the donation is in the
marriage settlement it will be revoked
by operation of law.
Exception: If the marriage is void due
to Article 40, or Article 44, then
automatically revoked
Exception: if the ground for legal
separation is infidelity in the form of
adultery or concubinage it will be
automatically void.

4. When there is a resolutory cause and the condition Exception: between husband and wife
has been complied with prescription does not run.
Prescription:
5 years from the happening of the resolutory condition.

6. Acts of ingratitude:
- Donee commits an offense against the person or property of
the donor, his wife, or children
- Donee imputes to the donor any criminal offense involving
moral turpitude unless it is against the donee
- Donee unduly refuses to support donor when he is legally or
morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of
ingratitude

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Art. 87: Every donation or grant of gratuitous - What constitutes a moderate gift depends on the Void Donations: (considered indirect
advantage, direct or indirect, between the spouses financial capacity of the donor. donations to the spouse)
during the marriage shall be void, except moderate - Under the last sentence of Art. 87it must be shown 1. To a stepchild who has no
gifts which the spouses may give each other on the that the donation was made at a time when they compulsory or legal heirs
occasion of any family rejoicing. The prohibition shall were still living together as husband and wife without 2. To a common child who has no
also apply to persons living together as husband and the benefit of marriage. compulsory or legal heirs
wife without a valid marriage. - Validity of donation or transfer cannot be challenged 3. To the parents of the other
by anyone unless those that will be affected by the spouse
donation. 4. To the other spouse’s adopted
RESERVA TRONCAL: the ascendant who inherits from his child
descendant any property which the later may have acquired 5. To common adopted child who
by gratuitous title from another ascendant or sibling is obliged has no other compulsory and
to reserve such property for the benefit of relatives within the or legal heirs.
3rd degree and who belong to the same line.
Ex. H is married to W and has a son S. H has a brother B. H
dies and donates to S his property. After which, S dies without
any heirs and thus the property goes to W. If W dies the
property does not go to her heir but to B so that the property
stays in the same line of the original owner (once owed by H)
and is within the third degree of S.

Property Regime What included What excluded Notes Charges Liquidation process

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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Absolute All properties owned Art. 89: No waiver of rights, Article 94: Termination:
community of before and after. Article 92: shares and effects of the 1. Support (spouses, Art. 97: Either spouse
property 1.provided in marriage absolute community of common & legitimate may dispose by will of
Art. 88: The Art. 91: Unless settlement property during the marriage children) his or her interest in
absolute community otherwise provided 2. Personal and exclusive can be made except in case - Even beyond age of the community
of property between in this Chapter or in use of either spouse of judicial separation of majority property.
spouses shall the marriage (except jewelry) property. 2. Debts & obligations made
commence at the settlements, the - However if exclusive by both, administrator, or Art. 98: Neither
precise moment that community property property is used to When the waiver takes place with consent of other spouse may donate
the marriage is shall consist of all purchase something else upon a judicial separation of spouse (even if did not any community
celebrated. Any the property owned such property becomes property, or after the redound) property without the
stipulation, express by the spouses at part of ACP marriage has been dissolved 3. D & O without consent consent of the other.
or implied, for the the time of the 1.Property acquired by or annulled, the same shall but redounded. However, either
commencement of celebration of the gratuitous title including appear in a public instrument 4. Expenses for community spouse may, without
the community marriage or acquired the fruits and income and shall be recorded as property (taxes, liens, the consent of the
regime at any other thereafter. UNLESS the guarantor provided in Article 77. The charges) other, make moderate
time shall be void expressly said they will creditors of the spouse who 5. Taxes & expenses for donations from the
form part of ACP made such waiver may preservation during community property
(Default regime if Art. 93: Property - Must be a valid donation petition the court to rescind marriage of separate for charity or on
nothing stipulated – acquired during the (cant be donation made by the waiver to the extent of property used by family occasions of family
exception: marriage is one spouse to another) the amount sufficient to 6. Expenses for self- rejoicing or family
subsequent presumed to belong 2.Property acquired by cover the amount of their improvement or profession. distress
marriage after death to the community, either spouse who has credits. 7. Antenuptial debts Article 99:
will automatically be unless it is proved legitimate descendants * No waiver of rights, redounding to family 1. Death
CSP if there was no that it is one of those and the fruits of that interests, shares, and effects 8. Donation made by both - Same proceeding as
proper liquidation of excluded therefrom. property without judicial separation or spouses for children to settlement of estate.
the properties of the *Winnings from gambling dissolution or annulment of pursue vocation or self- Spouse shall liquidate
previous marriage) (losses borne by looser) marriage – shall appear in a improvement property if no judicial
Art. 90: The public instrument (creditors 9. For illegitimate children, settlement proceeding
provisions on co- may rescind waiver up to fines for crimes/quasi delict within 1 year. After 1
ownership shall extent of the debt) in case of insufficiency. year cannot make
apply to the absolute (Advances) encumbrance on
community of Art. 96: The administration 10. Expenses for litigation property.
property between and enjoyment of the * Solidary liability does not 2. Legal separation
the spouses in all community property shall include ante-nuptial debts 4. Annulled or void
matters not provided belong to both spouses not redounding, support of (governed by art. 147
for in this Chapter. jointly. In case of illegitimate, liabilities thru & 148 except if void
disagreement, the husband's crime/delict. under Article 40)
decision shall prevail, subject 5. Judicial separation
to recourse to the court by Art. 95: Whatever may be of property
the wife for proper remedy, lost during the marriage in 6. Reappearance of a
which must be availed of any game of chance, spouse presumed
within five years from the betting, sweepstakes, or dead.
date of the contract any other kind of gambling, Procedure:

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ACP SEPARATION IN FACT:
Art. 100: The separation in fact between husband
and wife shall not affect the regime of absolute
community except that:
1.The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall
not have the right to be supported;
2.When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
proceeding;
3. In the absence of sufficient community
property, the separate property of both spouses
shall be solidarily liable for the support of the
family. The spouse present shall, upon proper
petition in a summary proceeding, be given
judicial authority to administer or encumber any
specific separate property of the other spouse and
use the fruits or proceeds thereof to satisfy the
latter's share.
- Abandonment is different from separation in fact.
Abandonment has to do with total abdication of all marital
and parental authority.
- If the spouse left with a valid cause he or she can still be
supported from the ACP.
- The ACP can still be liable for obligations incurred by the
separating spouse that may redound to the benefit of the
family.
- Even the guilty spouse can compel the sale of property,
which will redound to the benefit of the family.
- Only the present spouse is given standing by the law to
file a petition to encumber or administer the property of the
other spouse.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

ACP 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.
ABANDONMENT: Implies a departure by one spouse with
the avowed intent never to return, followed by prolonged
absence without just cause.
- Should not only be physical but also financial and moral
desertion.

The obligations to the family mentioned in the

preceding paragraph refer to marital, parental or
property relations.

A spouse is deemed to have abandoned the other

when he or she has left the conjugal dwelling
without intention of returning. The spouse who
has left the conjugal dwelling for a period of three
months or has failed within the same period to
give any information as to his or her whereabouts
shall be prima facie presumed to have no
intention of returning to the conjugal dwelling.

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Conjugal Article 106: Article 109: Art. 107: The rules provided Article 121: Termination:
Partnership of - Proceeds, products, 1. Brought into the in Articles 88 and 89 shall 1.support of spouse common Article 126:
Gains: fruits and income from marriage as his or her also apply to conjugal and legitimate children 1.Death
Art. 105: In case the their separate own partnership of gains. 2.D&O by admin, both or 2.Legal Separation
future spouses properties 2. Acquired by either spouse with consent of 3. Annulled or
agree in the - Those acquired by gratuitous title Art. 108: The conjugal other. declared void.
marriage their efforts or chance - By way of succession partnership shall be 3.D&O without consent of 4.Judicial Separation
settlements that the - Income and fruits by - Honorarium (given in governed by the rules on the other but redounding.
regime of conjugal gratuitous title (diff appreciation for contract of partnership in all 4.expenses for conjugal prop Article 127 and 128:
partnership gains from ACP) services rendered) that is not in conflict with (taxes, liens) -Provisions on
shall govern their - Annuity: retirement 3. Acquired by right of what is expressly 5.taxes and expenses for separation in fact and
property relations on an annuity redemption, barter, determined in this Chapter preservation of separate abandonment has the
during marriage, the (received as a matter exchange or by the spouses in their property (no need for use) same application as in
provisions in this of right) - Even if money used marriage settlements. 6.expenses for spouse for ACP article 100 and
Chapter shall be of -Pension: service to redeem is conjugal profession or self- 101.
supplementary previously rendered (reimbursement) Prohibition on waiver. improvement. Procedure:
application. for which full and 4. Bought with *Properties brought into the 7.Antenuptial debts Article 129:
adequate exclusive money of marriage by the contracting redounding to family. 1.Inventory of
The provisions of compensation was not either spouse. parties belong to each of 8.donation of both for children separate and conjugal
this Chapter shall received at the time. *Onerous donations them exclusively. for profession or self- prop
also apply to Article 117: *Designated share in - Either spouse can transfer improvement. 2.Payment of
conjugal 1. Acquired by donation admin of prop to other 9.expenses of litigation advances
partnerships of onerous title using *Gratuity (amount spouse thru public between spouses 3.Reimbursement to
gains already common funds. given by jobs for instrument. Not to be paid by cpg: the spouses.
established between 2. Obtained by labor or previous work) Art. 118: Property bought on Article 122: 4.D&O paid out by
spouses before the industry or work installments paid partly from -Payment of personal debts CPG, insufficiency
effectivity of this 3. Fruits, natural, Art. 110: The spouses exclusive funds of either or contracted by the husband or solidarily liable.
Code, without industrial, or civil due retain the ownership, both spouses and partly wife before or during the 5.exclusive prop
prejudice to vested received during possession, from conjugal funds belongs marriage unless they delivered
rights already marriage from administration and to the buyer or buyers if full redounded to the benefit of 6.loss or deterioration
acquired in common prop enjoyment of their ownership was vested the family. of movables paid from
accordance with the - Net fruits of exclusive exclusive properties. before the marriage and to However, fines and CPG
Civil Code or other property the conjugal partnership if indemnities imposed support 7.Net remainder to be
laws, as provided in BUT personal Either spouse may, such ownership was vested of illegitimate children can be divided (unless MS or
Article 256. damages are not during the marriage, during the marriage. In either paid by the assets AFTER the waiver)
conjugal. transfer the case, any amount advanced payment of obligations 8.Delivery of
Presumption is that 4. Share in hidden administration of his or by the partnership or by provided in Art. 121. But at presumptive legitimes
all property acquired treasure her exclusive property either or both spouses shall the time of liquidation the 9.Conjugal dwelling
during marriage 5. Fishing and hunting to the other by means be reimbursed by the owner spouse who used such funds
even if in the name 6. Excess livestock of a public instrument, or owners upon liquidation of will be charged. Article 130: in case of
of one spouse is (those brought in to which shall be the partnership. If charges are paid, and no death the liquidation
conjugal unless the marriage by one recorded in the registry property or insufficient, proceeding will be in
otherwise provided. will reimbursed of property of the place Property bought before CPG pays: the same proceeding
7. Acquired by chance the property is located. but title registered after -Fines, debts before the as the settlement of

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
CPG Art. 110: The spouses retain the ownership,
possession, administration and enjoyment of their
exclusive properties.
Either spouse may, during the marriage, transfer
the administration of his or her exclusive property
to the other by means of a public instrument,
which shall be recorded in the registry of property
of the place the property is located.
CPG Art. 111: A spouse of age may mortgage,
encumber, alienate or otherwise dispose of his or
her exclusive property, without the consent of the
other spouse, and appear alone in court to litigate
with regard to the same.
Art. 112: The alienation of any exclusive property
of a spouse administered by the other
automatically terminates the administration over
such property and the proceeds of the alienation
shall be turned over to the owner-spouse.
CPG Art. 113: Property donated or left by will to the
spouses, jointly and with designation of
determinate shares, shall pertain to the donee-
spouses as his or her own exclusive property, and
in the absence of designation, share and share
alike, without prejudice to the right of accretion
when proper.
Art. 114: If the donations are onerous, the amount
of the charges shall be borne by the exclusive
property of the donee spouse, whenever they
have been advanced by the conjugal partnership
of gains.
Art. 115: Retirement benefits, pensions,
annuities, gratuities, usufructs and similar benefits
shall be governed by the rules on gratuitous or
onerous acquisitions as may be proper in each
case.
- Each spouse is to retain ownership,
administration, possession and enjoyment of their
exclusive properties.
- Administration includes entering into contracts,
engaging in litigation, and collection of fruits,
profits and income arising from separate property.
- The owner spouse can transfer administration of
the property not only to the other spouse but also
to any third person without the consent of the
other spouse.
- Art. 111 is no longer necessary, as the age of
marriage is also the age of emancipation.
- If the owner-spouse alienates his property the
administration by the other spouse over such
property will cease and the proceeds will go to the
owner.
- The owner-spouse cannot revoke a judicially
approved administration by the other spouse of his
property by alienating it. Thus to alienate the
property he must get the consent of the
administrator-spouse or court approval.
- The donor may donate whatever he wishes to
whomever he wants. Thus he may donate a piece
of property to both spouses jointly or may specify
how much of the property should go to the
husband and how much should go to the wife.
ACCRETION: addition of property to another property
General rule: in a joint donation one cannot accept
independently of his co-donee unless it is stipulated or
unless it is between husband and wife.
Ex. D donates land to H and W who are married. D donates
1/3 to W and 2/3 to H. If W does not accept the donation it
will be considered added on to the share of the husband.
However if it is a specific designation such as H will get a
car and W will get a horse, accretion will not apply.
- In the case of wills for accretion to take effect, the nature
of the inheritance must be pro indivisio (not divided, the
terms ½ or in equal shares does not make it divided).
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

CPG Art. 124: The administration and enjoyment of the - Any alienation made by either spouse without the
conjugal partnership shall belong to both spouses consent of the other is invalid.
jointly. In case of disagreement, the husband's - In case the husband disposes of property over the
decision shall prevail, subject to recourse to the objection of the wife, the wife may file a case to
court by the wife for proper remedy, which must annul the entire contract or part of it.
be availed of within five years from the date of the
contract implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the conjugal properties, the other
spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority of
the court or the written consent of the other
spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed
as a continuing offer on the part of the consenting
spouse and the third person, and may be
perfected as a binding contract upon the
acceptance by the other spouse or authorization
by the court before the offer is withdrawn by either
or both offerors. (165a)

Art. 125: Neither spouse may donate any

conjugal partnership property without the consent
of the other. However, either spouse may, without
the consent of the other, make moderate
donations from the conjugal partnership property
for charity or on occasions of family rejoicing or
family distress.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Separation of - They own everything separately but still liable for Article 136: Voluntary Separation Revival:
property family expenses in proportion to their income or in -Spouses may agree on the separation of their properties Article 141:
Art. 134: In the default thereof in proportion to separate prop. But with court approval, no reason needed. (But if reason is 1.termination of civil
absence of an liability to their creditor is still solidary. stated and it is against public policy the court will reject it) interdiction
express declaration -Division of property must be equal unless there is a 2.Absentee reappears
in the marriage Article 135: Sufficient cause for judicial different proportion agreed in MS or waiver. 3.court satisfied that
settlements, the separation of property: -Takes effect after judicial order of decree (not signing of administration will not
separation of 1. Civil interdiction agreement) be again abused
property between 2. Absentee spouse -Creditors will be listed in petition and notified) 4.Resumption of
spouses during the -2 years from last news about absentee, or 5 -In process, delivery of presumptive legitimes is not common life with other
marriage shall not years if an administrator has been left. necessary. spouse
take place except by 3. Loss of parental authority decreed by 5.parental authority
judicial order. Such court (termination or deprivation not *Art. 142: Admin of exclusive prop of either spouse may be restored
judicial separation of mere suspension) transferred by court to other spouse or if not qualified to 6.reconciliation of
property may either -Over legitimate or illegitimate child whether of another person when: those separated in fact
be voluntary or for previous or present marriage 1.spouse becomes the guardian 7.For those who
sufficient cause. 4. Abandonment or failure to comply with 2.the other is judicially declared an absentee voluntarily separated
his or her obligations 3.civil interdiction property, agree to
(Can be stipulated in 5. Abused power of administration 4.fugitive from justice, hiding as an accused revive former property
MS which shall 6. Separation in fact for at least 1 yr Art 143: If the couple wants a regime of separation of regime (but after that
govern and FC will property they have to enter into a valid marriage settlement can’t separate
only be Art. 137: Once the separation of property has prior to the marriage stipulating such regime. property anymore)
supplementary in been decreed, the absolute community or the - Art. 67 revival:
nature, in the conjugal partnership of gains shall be liquidated in Art. 145: Administration is left with each spouse with Agreement under oath
absence therein it conformity with this Code. regard to his/her own property without the need for the will state:
cannot take place During the pendency of the proceedings for consent of the other. Earnings of each shall also belong to 1.properties to be
during the marriage separation of property, the absolute community or each spouse. contributed
except by judicial the conjugal partnership shall pay for the support 2.those to be retained
order) of the spouses and their children. Art. 146: Both spouses shall bear the family expenses in as separate
-May refer to Art. 138: After dissolution of the absolute proportion to their income or their separate property. 3.names of known
present or future community or of the conjugal partnership, the Liability of spouses to creditors to family expenses are creditors
property or both provisions on complete separation of property solidary (they are both liable to the creditor for the whole
-May be partial or shall apply. amount if the creditor seeks it from one of them. Such
total Art. 144: Separation of property may refer to spouse is entitled to reimbursement from the other spouse).
-Those not agreed present or future property or both. It may be total * Even if there is an agreement on proportion of sharing
as separate will be or partial. In the latter case, the property not etc, it wont affect the creditors.
ACP agreed upon as separate shall pertain to the
absolute community.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Marriage without Art. 147: When a man and a woman who are
unions (governs capacitated to marry each other, live exclusively
void marriages) with each other as husband and wife without the
benefit of marriage or under a void marriage, their
wages and salaries shall be owned by them in
equal shares and the property acquired by both of
them through their work or industry shall be
governed by the rules on co-ownership.
In the absence of proof to the contrary, properties
acquired while they lived together shall be
presumed to have been obtained by their joint
efforts, work or industry, and shall be owned by
them in equal shares. For purposes of this Article,
a party who did not participate in the acquisition
by the other party of any property shall be
deemed to have contributed jointly in the
acquisition thereof if the former's efforts consisted
in the care and maintenance of the family and of
the household.
Neither party can encumber or dispose by acts
inter vivos of his or her share in the property
acquired during cohabitation and owned in
common, without the consent of the other, until
after the termination of their cohabitation.
When only one of the parties to a void marriage is
in good faith, the share of the party in bad faith in
the co-ownership shall be forfeited in favor of their
common children. In case of default of or waiver
by any or all of the common children or their
descendants, each vacant share shall belong to
the respective surviving descendants. In the
absence of descendants, such share shall belong
to the innocent party. In all cases, the forfeiture
shall take place upon termination of the
cohabitation.
Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under
18, bigamous marriage
2.live exclusively with each other as husband and wife
3.Without benefit of marriage or under a void marriage.
*Includes marriages of psychological incapacity,
reappearance of wife, non-liquidation of property, absence
of formal requisites.
Structure:
1. Salaries and wages shall be owned by equal
shares
2. Property acquired with exclusive funds is owned
by them exclusively
3. Property acquired through work or industry
governed by co-ownership
4. Property acquired while they live together will be
owned by them in equal shares. (Contribution can
be in the form of care and maintenance of family,
household)
5. Fruits of separate property not part of co-
ownership
6. Conjugal home will be owned equally.
-Can’t encumber or dispose of his/her share without
consent of the other or after cohabitation.
-Can alienate in favor of the other his or her share BUT
can’t waive any interest in co-ownership
-Void marriage: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
Void marriages included:
Art. 36: psychological incapacity
Art. 44: bad faith of both spouses in a subsequent
marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of
solemnizer, license, marriage ceremony.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Marriage without Art. 148: In cases of cohabitation not falling under
unions (governs the preceding Article, only the properties acquired
void marriages) by both of the parties through their actual joint
contribution of money, property, or industry shall
be owned by them in common in proportion to
their respective contributions. In the absence of
proof to the contrary, their contributions and
corresponding shares are presumed to be equal.
The same rule and presumption shall apply to
joint deposits of money and evidences of credit.
If one of the parties is validly married to another,
his or her share in the co-ownership shall accrue
to the absolute community or conjugal partnership
existing in such valid marriage. If the party who
acted in bad faith is not validly married to another,
his or her shall be forfeited in the manner
provided in the last paragraph of the preceding
Article.
The foregoing rules on forfeiture shall likewise
apply even if both parties are in bad faith
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the decision.
Contract will be a continuing offer upon acceptance by other spouse or court order.
Requisites:
- Cohabitation not falling under article 147.
Structure:
- Parties are co-owners of property acquired during
cohabitation only upon proof that each of them
made an actual contribution.
1. Salaries and wages are separately owned; if either
is married the salaries go to that marriage.
2. Property acquired by the money of one, belongs to
that person exclusively
3. Only properties acquired by both of them through
joint contribution will be owned by them in
common in proportion to what they gave (money,
property, or industry – but cant be mere care and
maintenance of family/household). (Presumption
is that shares over property owned is equal shares
but can be rebutted through proof showing
otherwise.)
4. If one of the parties is validly married, that
person’s share in the co-ownership will accrue to
the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be considered as in good
faith and their shares shall go to them.

THE FAMILY AS AN INSTITUTION

Art. 149: The family, being the foundation of the nation, is a
basic social institution which public policy cherishes and
protects. Consequently, family relations are governed by law
and no custom, practice or agreement destructive of the family
shall be recognized or given effect.
- Paramount importance is given to the family as provided
in the 1987 constitution.
- Family relations are governed by law and no custom or
practice destructive of the family will be recognized.

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Art. 150: Family relations include those: - Any person not included in the enumeration cannot be Exception to earnest
1. Between husband and wife; considered as within the term “family relations.” efforts:
2. Between parents and children; - Before a suit can be filed by people belonging to the - Earnest effort is not
3. Among brothers and sisters, whether of the full or same family as provided in Art. 150, earnest efforts must required if included in the
half-blood. be made to settle the case amicably. suit between family
*Earnest efforts meant for civil actions only. members is a stranger not
Art. 151: No suit between members of the same family shall of the same family.
prosper unless it should appear from the verified complaint or The following are excused from criminal liability (only civil liability - Does not apply to cases,
petition that earnest efforts toward a compromise have been incurred) for theft, swindling or malicious mischief: which may not be
made, but that the same have failed. If it is shown that no 1. Spouses, ascendants, and descendents or relatives by compromised.
such efforts were in fact made, the same case must be affinity in the same line. - Does not apply to
dismissed. 2. The widowed spouse with respect to the property of the settlement of estate
This rules shall not apply to cases which may not be the deceased BEFORE someone else possesses it. guardianship, custody of
subject of compromise under the Civil Code 3. Brothers and sisters and brothers-in-law and sisters-in- children, and habeas
law if they are living together. corpus
• Exemption is not applicable to strangers participating
therein.
Prescription does not run between husband and wife, parents
and children during the latter’s minority or insanity, and between
guardian and ward during the guardianship.

THE FAMILY HOME

Art. 152: The family home, constituted jointly by the husband - Home is deemed constituted from the time it is actually * Exemption from execution
and the wife or by an unmarried head of a family, is the resided upon and occupied by the family. No need for is not absolute as it is
dwelling house where they and their family reside, and the judicial or extrajudicial requirement, deemed constituted subject to certain limitation
land on which it is situated. by operation of law. such as indebtedness in
- There must be the element of permanence (thus a boat certain instances (to be
Art. 153: The family home is deemed constituted on a house on water cannot be considered a family home) discussed in the next
and lot from the time it is occupied as a family residence. - Must be constituted by both husband and wife jointly, articles)
From the time of its constitution and so long as any of its the unmarried head of the family, or the occupancy of
beneficiaries actually resides therein, the family home beneficiaries in a home can be constituted as a family
continues to be such and is exempt from execution, forced home.
sale or attachment except as hereinafter provided and to the - The family home is exempt from execution, forced sale
extent of the value allowed by law. or attachment as provided by law

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Art. 154: The beneficiaries of a family home are:
1. The husband and wife, or an unmarried person who is the
head of a family; and
2. Their parents, ascendants, descendants, brothers and
sisters, whether the relationship be legitimate or illegitimate,
who are living in the family home and who depend upon the
head of the family for legal support
- The actual occupancy of the beneficiaries in a home
may constitute the same as a family home as long as
they have the consent of the husband or wife who own
the house and lot even if the owners do not reside in
them.

Art. 155: The family home shall be exempt from execution, - The whole value of the family home may be used to pay
forced sale or attachment except: obligations under Art. 155.
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of the family
home;
3. For debts secured by mortgages on the premises before or
after such constitution; and
4. For debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished material for the construction of the building.

Art. 156: The family home must be part of the properties of - The family home must be constituted at a place where
the absolute community or the conjugal partnership, or of the there is a fixed and permanent connection with the
exclusive properties of either spouse with the latter's consent. persons constituting it.
It may also be constituted by an unmarried head of a family on Not considered:
his or her own property. 1. Boat or vessel
Nevertheless, property that is the subject of a conditional sale 2. Apartment or house being rented
on installments where ownership is reserved by the vendor 3. House on another’s property
only to guarantee payment of the purchase price may be Considered: Property where ownership is reserved to the
constituted as a family home. one making the family home.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 157: The actual value of the family home shall not
exceed, at the time of its constitution, the amount of the three
hundred thousand pesos in urban areas, and two hundred
thousand pesos in rural areas, or such amounts as may
hereafter be fixed by law.
In any event, if the value of the currency changes after the
adoption of this Code, the value most favorable for the
constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to
include chartered cities and municipalities whose annual
income at least equals that legally required for chartered
cities. All others are deemed to be rural areas.
Art. 158: The family home may be sold, alienated, donated,
assigned or encumbered by the owner or owners thereof with
the written consent of the person constituting the same, the
latter's spouse, and a majority of the beneficiaries of legal age.
In case of conflict, the court shall decide
Art. 159: The family home shall continue despite the death of
one or both spouses or of the unmarried head of the family for
a period of ten years or for as long as there is a minor
beneficiary, and the heirs cannot partition the same unless the
court finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the
family home.
- Those above the amount stipulated (300,000 in urban,
200,000 in rural) will not be exempt from execution,
forced sale or attachment.
- Prior to the family code constitution of a family home
was not automatic there was a need to file for such. If
prior to the family code there are certain houses falling
under the value of a family home at the time of the
constitution of the family code (Aug. 3, 1988) provided
for the family home is deemed automatically constituted.
Written consent needed for the disposition of the family home:
1. Persons constituting the family home
2. Latter’s spouse
3. Majority of beneficiaries of legal age
- Security of the family is the concern of the law thus they
provide for a 10 year period despite the death of the
person who constituted the family home. Furthermore
the heirs cannot partition the same unless the court
finds compelling reasons therefore.
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Art. 160: When a creditor whose claims is not among those - Bidders cannot bid below the amount of 300,000
mentioned in Article 155 obtains a judgment in his favor, and - If the house is sold, 300,000 is given to the owner of the
he has reasonable grounds to believe that the family home is house and the balance to the creditor to satisfy his debt.
actually worth more than the maximum amount fixed in Article This happens even if the debt is not fully satisfied. (Idea
157, he may apply to the court which rendered the judgment is to give 300,000 so that the debtor can buy a house)
for an order directing the sale of the property under execution. This however does not apply when if the creditor is one
The court shall so order if it finds that the actual value of the of those mentioned in Article 155 (the debt must be
family home exceeds the maximum amount allowed by law as satisfied even if nothing is left with the owner).
of the time of its constitution. If the increased actual value
exceeds the maximum allowed in Article 157 and results from
subsequent voluntary improvements introduced by the person
or persons constituting the family home, by the owner or
owners of the property, or by any of the beneficiaries, the
same rule and procedure shall apply.

At the execution sale, no bid below the value allowed for a

family home shall be considered. The proceeds shall be
applied first to the amount mentioned in Article 157, and then
to the liabilities under the judgment and the costs. The excess,
if any, shall be delivered to the judgment debtor.

Art. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be
the beneficiary of, only one family home.
Art. 162: The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.

PATERNITY AND FILIATION

Art. 163: The filiation of children may be by nature or by - Paternity and filiation refer to the relationship or tie, which exists
adoption. Natural filiation may be legitimate or illegitimate. between parents and their children.

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Art. 164: Children conceived or born during the marriage
of the parents are legitimate.
Children conceived as a result of artificial insemination of ARTIFICIAL INSEMINATION: wife is artificially impregnated with
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.
Art. 165: Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided in this
Code.
- Illegitimate children are those conceived and born
outside a valid marriage or inside a void marriage.
the semen of her husband or with the semen of a third person.
- Child of artificial insemination is considered legitimate
provided that both the husband and wife authorize or
ratify such insemination in a written instrument and
signed by them before the birth of the child and that it is
recorded in the civil registry together with the birth
certificate of the child.
- If the requirements given are not followed and the
husband does not impugn the legitimacy of the child on
grounds provided by law within the prescriptive period
the child will still be considered legitimate.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 166: Legitimacy of a child may be impugned only on
the following grounds:
1. That it was physically impossible for the husband to
have sexual intercourse with his wife within the first 120
days of the 300 days which immediately preceded the
birth of the child because of:
(a) the physical incapacity of the husband to
have sexual intercourse with his wife;
(b) the fact that the husband and wife were
living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which
absolutely prevented sexual intercourse; 2.That
it is proved that for biological or other scientific reasons,
the child could not have been that of the husband, except
in the instance provided in the second paragraph of
Article 164; or
3. That in case of children conceived through artificial
insemination, the written authorization or ratification of
either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence.
Grounds to impugn legitimacy of the child: Art. 167: The child shall be
1. Physically impossible for husband to have sexual considered legitimate although
intercourse with wife within the first 120 days of the 300 the mother may have declared
days immediately preceding the birth of child due to: against its legitimacy or may
a. Physical incapacity have been sentenced as an
b. Living separately: must be living in such a way adulteress.
that sexual intercourse is impossible. (Mere
remoteness is not sufficient) *Even if wife impugns
c. Serious illness legitimacy, child is still
- When a child is born inside a marriage, sexual intercourse is legitimate, only husband and in
presumed to have occurred between the husband and wife within proper cases the heirs can
the first 120 days of the 300-day period before the birth of the impugn the legitimacy. Unless:
child. (Longest gestation period) she did not deliver the child
2. Biological or scientific reasons the child could not have herself, or did not come from
been that of the husband (except for artificial her own womb.
insemination)—if for biological reasons offspring could
not have been that of the husband like if the child was a
different race from the father’s.
- Vasectomy is not enough proof because there are times when
the sperm can re-channel itself and effect fertilization.
3. In case of artificial insemination the authorization or
ratification was obtained through mistake, fraud,
violence or intimidation or undue influence.
* In the event that any of the grounds are proven, the child will
not be considered legitimate or illegitimate but that simply the
husband and child are not related. In so far as the mother is
concerned the child will be considered illegitimate.
- Presumption is in favor of legitimacy.
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Art. 168: If the marriage is terminated and the mother
contracted another marriage within three hundred days
after such termination of the former marriage, these rules
shall govern in the absence of proof to the contrary:
1. A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered
to have been conceived during the former marriage,
provided it be born within three hundred days after the
termination of the former marriage;
2. A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to
have been conceived during such marriage, even though
it be born within the three hundred days after the
termination of the former marriage.
Art. 169: The legitimacy or illegitimacy of a child born
after three hundred days following the termination of the
marriage shall be proved by whoever alleges such
legitimacy or illegitimacy.
Art. 170: The action to impugn the legitimacy of the child
shall be brought within one year from the knowledge of
the birth or its recording in the civil register, if the husband
or, in a proper case, any of his heirs, should reside in the
city or municipality where the birth took place or was
recorded.
If the husband or, in his default, all of his heirs do not
reside at the place of birth as defined in the first
paragraph or where it was recorded, the period shall be
two years if they should reside in the Philippines; and
three years if abroad. If the birth of the child has been
concealed from or was unknown to the husband or his
heirs, the period shall be counted from the discovery or
knowledge of the birth of the child or of the fact of
registration of said birth, whichever is earlier.
* Merely suppletory, if there is better proof then such should be
accepted.
- Sexual intercourse is presumed between spouses during their
marriage.
IN CASE OF 2 MARRIAGES:
- If child is born within 180 days after the second marriage
and within 300 days after the termination of the first
marriage the child shall be considered to have been
conceived of the first marriage unless other proof is
given.
- If the child is born after 180 days after the second
marriage the child shall be considered to have been
conceived of the second marriage unless other proof is
given.
*But either way the child is still legitimate.
- If there is no subsequent marriage after 300 days after the
termination of the marriage there is no presumption and thus
convincing proof is necessary.
Prescription for impugning the legitimacy of the child *It is from the knowledge of the
1. Within one year from the knowledge of the birth or its child’s birth not the knowledge
recording if husband resides in city where birth took that it is not his child.
place or recorded.
2. Within 2 years, if the husband lives elsewhere in the *Even if the birth was
Philippines. concealed, if it was registered
3. Within 3 years, if he lives abroad and the father did not impugn
4. If the birth of the child has been concealed, prescription the child’s legitimacy during the
will begin from the discovery or knowledge of birth of period provided then the child is
child or the fact of registration of the birth (whichever is legitimate. (Cannot impugn
earlier). since registry is earlier)
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 171: The heirs of the husband may impugn the
filiation of the child within the period prescribed in the
preceding article only in the following cases:
1. If the husband should die before the expiration of the
period fixed for bringing his action;
2. If he should die after the filing of the complaint without
having desisted therefrom; or
3. If the child was born after the death of the husband.
PROOF OF FILIATION
Art. 172: The filiation of legitimate children is
established by any of the following:
1. The record of birth appearing in the civil register or a
final judgment; or
2. An admission of legitimate filiation in a public
document or a private handwritten instrument and
signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate
filiation shall be proved by:
1. The open and continuous possession of the status of
a legitimate child; or
2. Any other means allowed by the Rules of Court and
special laws.
Art. 173: The action to claim legitimacy may be brought
by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during
minority or in a state of insanity. In these cases, the
heirs shall have a period of five years within which to
institute the action.
- Legitimacy cannot be collaterally attacked or impugned.
Principally only the husband can file a direct action to impugn the
legitimacy of the child even if the child is not his.
- The heirs are mere substitutes of the husband and cannot file
the action if the husband himself failed to file such action despite
knowledge of the illegitimacy within the prescribed period.
- The record of birth appearing in the civil registry should have Proofs from rules of court or
the husband’s signature and such birth certificate signed by the special law:
parents is adequate proof of paternity without need for further 1. Baptismal certificate
court action. 2. Judicial admission
- Admission in public or private handwritten document is a 3. Family bible
complete act of recognition without need for court action 4. Common reputation
• A mere instrument not in the handwriting of the 5. Admission by silence
parent or not a public instrument will not qualify. 6. Testimony of witness
- Open continuous possession means the father treats the child
as his own directly and not through others, spontaneously and
without concealment
• Must be spontaneous and uninterrupted
Action to claim legitimacy by the child Article 175: Illegitimate child
May be brought by the child during his or her lifetime and may be -Same as legitimate children
transmitted to heirs if the child dies during minority or in a state except when proof is through
of insanity or after it has already been instituted by the child open and continuous relationship
and child dies. or other rules of court in which
Heirs have five years to institute action case it may only be brought
during the lifetime of the alleged
parent.
Exception: if the child is born in a
valid marriage though different
man, he cannot claim illegitimacy.
The man in the marriage must first
impugn the legitimacy of the child
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Article 176: Rights of an illegitimate child Article 174: Legitimate children shall have the right:
1. Bear the surname of the mother 1. To bear the surnames of the father and the mother, in
• Even if paternity is certain, mother conformity with the provisions of the Civil Code on Surnames;
surnames unless father admits that is his 2. To receive support from their parents, their ascendants, and in
child and lives with them then surname of proper cases, their brothers and sisters, in conformity with the
father can be used. provisions of this Code on Support; and
2. Be under the parental authority of the mother, 3. To be entitled to the legitimate and other successional rights
entitled to support from her granted to them by the Civil Code.
• Even if paternity is certain, if father is not
living with them he cannot have parental - A legitimate child has his or her whole lifetime to file an action to
authority. claim his or her legitimacy.
• If the father acknowledges the child and
cohabits, he will be vested with parental
authority. Even if he leaves after that it will
not be considered a waiver of his parental
authority unless violated legal grounds
provided for termination of parental auth.
(he will also be vicariously liable for
damages caused by the child)
3. Legitime will be ½ of the legitime of a
legitimate child
4. Can get support only up to the grandparents,
and no right of representation (if parent dies
cant inherit straight from grandparents)
5. Illegitimate child has his or her lifetime to file
an action to claim illegitimacy if he/she has
proof under Art. 172 (claim for his status in not
transmissible to his heirs)

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 177: Only children conceived and born outside of
wedlock of parents who, at the time of the conception of
the former, were not disqualified by any impediment to
marry each other may be legitimated.
Art. 178: Legitimation shall take place by a subsequent
valid marriage between parents. The annulment of a
voidable marriage shall not affect the legitimation.
Art. 179: Legitimated children shall enjoy the same
rights as legitimate children. (272a)
Art. 180: The effects of legitimation shall retroact to the
time of the child's birth.
Art. 181: The legitimation of children who died before
the celebration of the marriage shall benefit their
descendants.
Art. 182: Legitimation may be impugned only by those
who are prejudiced in their rights, within five years from
the time their cause of action accrues.
SUPPORT
Legitimated Children (legitimate by operation of law) *Shall enjoy same rights as
Requirements: legitimate children, shall retroact
1. Children conceived and born outside wedlock to their birth.
2. Of parents who had no legal impediments to marry at *No need for the acknowledgment
that time the child was conceived and of the father unlike the civil code.
3. They get married later on. (The fact that it is a voidable *Legitimation will not affect
marriage will not affect the legitimation, but if it is a void property rights already vested.
marriage then illegitimate) *If there is a legal impediment at
• IF the child dies before the celebration of the marriage, it the time of conception the remedy
will still benefit their descendants. is adoption.
• Only by those who are prejudiced in their rights within 5 Exception: those born through
years from the time their cause of action accrues. (Refers adulterous relationship and
basically to inheritance rights but if the creditors are bigamous marriage cannot be
really prejudiced they must show how legitimation legitimated.
affected such—vested rights prior to legitimation then
those rights will not be taken from them)
• Right of action accrues only upon death of parents when
legitimes will vest
• Adopted children can be prejudiced with regards to
adopter parents or even natural parents.
- In effect gives the children what they should have
enjoyed during the lifetime of their father or mother.
- Contemplates inheritance or successional rights,
creditors (commercial or property rights) are excluded
unless it can be shown that the legitimation affected
their rights and they are really prejudiced.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 194: Support comprises everything indispensable
for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping
with the financial capacity of the family.
The education of the person entitled to be supported
referred to in the preceding paragraph shall include his
schooling or training for some profession, trade or
vocation, even beyond the age of majority.
Transportation shall include expenses in going to and
from school, or to and from place of work.
Art. 195: Subject to the provisions of the succeeding
articles, the following are obliged to support each
other to the whole extent set forth in the preceding
article:
1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
4. Parents and their illegitimate children and the
legitimate and illegitimate children of the latter; and
5. Legitimate brothers and sisters, whether of full or
half-blood
Art. 196: Brothers and sisters not legitimately related,
whether of the full or half-blood, are likewise bound to
support each other to the full extent set forth in Article
194, except only when the need for support of the
brother or sister, being of age, is due to a cause
imputable to the claimant's fault or negligence.
• Everything indispensable for sustenance, dwelling,
clothing, medical attendance, education, and
transportation (in keeping with the financial capacity of
the family)
• Schooling or training shall be applicable even beyond
the age of majority
• Transportation includes going to and from school and
place of work
• Can be given even beyond the age of majority
• Support is never final (no res judicata) can be
changed
1. Spouses
2. Legitimate ascendant and descendants
3. Parents and their legitimate children and their
illegitimate/legitimate grandchildren
4. Parents and their illegitimate children and their
illegitimate/legitimate grandchildren
5. Legitimate brothers and sisters whether whole or half
blood
6. Brothers and sisters not legitimately related are also
obliged to support unless if he/she is of age and is
due to claimants fault or negligence no support.
- A child inside a womb is already considered born thus entitled
to all benefits that accrue to him/her provided that the child is
born after.
- They are no longer bound when the child is above the
age of majority or due to the negligence.
Art. 205: right to give or obtain
support shall not be levied upon on
attachment or execution.
- Cannot be made to satisfy any
judgment against the recipient.
Except: the excess beyond required
for legal support in a will or
contractual support shall be subject to
levy or execution. (Contractual
support is subject to adjustment
whenever modification is necessary)
*Adopted children only up to parents
for support. Others aren’t obliged to
support. (If the adopter dies or
abandons then the state takes over)
*Mandatory and essential cannot be
transmitted to a 3rd person nor can it
be waived.
(Prohibition against any compromise
of the right to future support)
*If relationship between one to be
supported and the one to support is in
issue, status of the parties should be
established first.
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Article 197: In case of legitimate ascendants;
descendants, whether legitimate or illegitimate; and
brothers and sisters, whether legitimately or
illegitimately related, only the separate property of the
person obliged to give support shall be answerable
provided that in case the obligor has no separate
property, the absolute community or the conjugal
partnership, if financially capable, shall advance the
support, which shall be deducted from the share of the
spouse obliged upon the liquidation of the absolute
community or of the conjugal partnership
• Support for legitimate ascendants, descendants
(legitimate or illegitimate), brothers and sisters (legitimate
or illegitimately related) shall be taken from separate
property
• If no separate properties from ACP or CPG
(advancement).
• But if it is the illegitimate children, insufficiency is enough
to make ACP liable and insufficiency plus payment of
charges to make CPG liable.
• For spouses, generally from ACP or CPG absence of
then from fruits of ACP or CPG insufficiency or
absence of from the separate properties themselves.
*IF the legitimate descendants are the
common children then ACP and CPG
shall be principally charged.
*Support can’t be taken from the
children’s property unless there was
no need or demand from recipient. (If
this happens can forfeit bond made
by guardian parent over property-art.
225)

Art. 198: During the proceedings for legal separation
or for annulment of marriage, and for declaration of
nullity of marriage, the spouses and their children shall
be supported from the properties of the absolute
community or the conjugal partnership. After the final
judgment granting the petition, the obligation of mutual
support between the spouses ceases. However, in
case of legal separation, the court may order that the
guilty spouse shall give support to the innocent one,
specifying the terms of such order.
• Support pending litigation generally obtain from ACP or *After declaration of nullity or
CPG annulment no more obligation to
• In case of support between husband and wife where support
validity of marriage is in issue, aggrieved cannot be given *In legal separation support ceases
support pendent elite by the other spouse (from his unless guilty spouse is ordered to
separate property) support innocent.
• Legal separation or annulment: spouses shall be *If wife is adulterous it can be a
supported by ACP or CPG. defense in an action for support
against separate property of the
spouse but wife can still get support
from ACP or CPG.

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Art. 199: Whenever two or more persons are obliged
to give support, the liability shall devolve upon the
following persons in the order herein provided:
1. The spouse;
2. The descendants in the nearest degree;
3. The ascendants in the nearest degree; and
4. The brothers and sisters.
Art. 200: When the obligation to give support falls
upon two or more persons, the payment of the same
shall be divided between them in proportion to the
resources of each.
However, in case of urgent need and by special
circumstances, the judge may order only one of them
to furnish the support provisionally, without prejudice
to his right to claim from the other obligors the share
due from them.
• The list is in order of priority of who should support
first. The others are not obliged to give support if
those higher on the list are present.
Art. 200:if the liability to support falls on 2 people it will be
divided between them in the proportion of their resources.
-But in case of urgency, the judge may order only one of them
to give and then just get reimbursed from the other after.
-When there are two or more people claiming for support and
the one obliged to give doesn’t have enough, order will be
followed except when the one who needs support is a spouse
and a child in which case the child shall be preferred. (Wife is
preferred when it is an illegitimate child)

When two or more recipients at the same time claim

support from one and the same person legally obliged
to give it, should the latter not have sufficient means to
satisfy all claims, the order established in the
preceding article shall be followed, unless the
concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child
shall be preferred.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 201: The amount of support, in the cases referred
to in Articles 195 and 196, shall be in proportion to the
resources or means of the giver and to the necessities
of the recipient.
Art. 202: Support in the cases referred to in the
preceding article shall be reduced or increased
proportionately, according to the reduction or increase
of the necessities of the recipient and the resources or
means of the person obliged to furnish the same.
Art. 203: The obligation to give support shall be
demandable from the time the person who has a right
to receive the same needs it for maintenance, but it
shall not be paid except from the date of judicial or
extra-judicial demand.
Support pendente lite may be claimed in accordance
with the Rules of Court.
Payment shall be made within the first five days of
each corresponding month or when the recipient dies,
his heirs shall not be obliged to return what he has
received in advance.
Art. 204: The person obliged to give support shall
have the option to fulfill the obligation either by paying
the allowance fixed, or by receiving and maintaining in
the family dwelling the person who has a right to
receive support. The latter alternative cannot be
availed of in case there is a moral or legal obstacle
thereto.
Art. 205: The right to receive support under this Title
as well as any money or property obtained as such
support shall not be levied upon on attachment or
execution.
• Support can be increased or decreased depending on
the needs of the recipient and the resources of the
person obliged to give it.
• Judgment for support does not become final
Demanding support
• Demandable from the time person who has the right
to receive it needs it (need for support is not
presumed, must be established).
• No support given without judicial or extrajudicial
demand. (Made within the first 5 days of every
month)
• Demand is essential shows manifestation of needs.
How to provide support
• Can be by giving the money or allowance
• Or by allowing the person to stay in family dwelling
unless there is a legal or moral obstacle (usually
refers to illegitimate children who are generally not
allowed to get from ACP or CPG)
• The right to receive support and the money or * However in case of contractual
property obtained as such support cannot be made to support or that given by will, the
satisfy any judgment against the recipient excess amount beyond that required
for legal support can be subject of
execution.
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 Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 206: When, without the knowledge of the person
obliged to give support, it is given by a stranger, the
latter shall have a right to claim the same from the
former, unless it appears that he gave it without
intention of being reimbursed.
Art. 207. When the person obliged to support another
unjustly refuses or fails to give support when urgently
needed by the latter, any third person may furnish
support to the needy individual, with right of
reimbursement from the person obliged to give
support. This Article shall particularly apply when the
father or mother of a child under the age of majority
unjustly refuses to support or fails to give support to
the child when urgently needed.
Art. 206 Requisites: Quasi-contract: juridical relation which
• There is a need to be supported and without arises from certain lawful, voluntary
knowledge of person obliged to give support it is and unilateral acts to the end that no
given by another, he can reimburse unless he has no one shall be unjustly enriched or
intention of being reimbursed. benefited at the expense of another
• If person obliged to give support unjustly refuses a (basis for reimbursement of one who
third person can give it with right of reimbursement. gives support)
Art. 207 Requisites:
1. Urgent need to be supported on the part of the
recipient
2. The person obliged to support unjustly refuses or fails
to give support.
3. Third person furnishes the support to the needy
individual
*If all are present 3rd person shall have right to reimbursment.

Art. 208: In case of contractual support or that given
by will, the excess in amount beyond that required for
legal support shall be subject to levy on attachment or
execution
- This is different from legal support, which cannot be
levied upon; contractual support however is not
mandated by law.
- The excess in amount of legal support shall be
subject to levy on attachment or execution.

PARENTAL AUTHORITY

Art. 209: Pursuant to the natural right and duty of
parents over the person and property of their
unemancipated children, parental authority and
responsibility shall include the caring for and rearing
them for civic consciousness and efficiency and the
development of their moral, mental and physical
character and well-being.
- Natural affection between the parents and the
offspring has always been recognized as an inherent
and natural right.
- Parental authority involves a mass of rights and
obligations.

Art. 210: Parental authority and responsibility may not
be renounced or transferred except in the cases
authorized by law.
- Parental authority and responsibility may not be
renounced or transferred except in the cases
authorized by law. Parental authority and
responsibility cannot be renounced or transferred
Except when provided by law
(Cases of adoption, guardianship
and surrender to a children’s home or
orphanage)
-When a parent gives authority to
another it merely temporary custody
not renunciation.

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Art. 211: The father and the mother shall jointly
exercise parental authority over the persons of their
common children. In case of disagreement, the
father's decision shall prevail, unless there is a judicial
order to the contrary.
Children shall always observe respect and reverence
towards their parents and are obliged to obey them as
long as the children are under parental authority.
• In case of disagreement the father’s decision shall
prevail unless there is a judicial order.
• Children should observe respect and are obliged to
obey them as long as they are under their parental
authority
• Applies to both legitimate and illegitimate
Requisites for it to apply to illegitimate:
1. Paternity is known or the father is certain.
2. Illegitimate is living with the father and mother who
are cohabiting without the benefit of marriage.
(If one of the requisites are missing only mother has parental
authority)
*Father’s subsequent separation does not mean a
renunciation. Once parental authority is vested cannot be
waived.

Art. 212: In case of absence or death of either parent,
the parent present shall continue exercising parental
authority. The remarriage of the surviving parent shall
not affect the parental authority over the children,
unless the court appoints another person to be the
guardian of the person or property of the children.
• If a spouse dies, the other spouse still has parental
authority
• Remarriage does not affect the parental authority of
the parent.
• Lesbianism not a ground to deprive of custody.
*New spouse does not get parental
authority by the fact of marriage. New
spouse must adopt the children to
have parental authority.

Art. 213: In case of separation of the parents, parental
authority shall be exercised by the parent designated
by the Court. The Court shall take into account all
relevant considerations, especially the choice of the
child over seven years of age, unless the parent
chosen is unfit.
• In case of separation the court shall designate a *This does not mean that the other
parent to have parental authority (taking into parent has no more PA.
consideration choice of those 7 and above) *Habeas corpus is proper remedy to
• No child below 7 shall be separated from mother get custody of a child from the other
unless there is compelling reason not to do so. parent or 3rd persons.
(Age is considered from when the decision is made or
when custody is given)
• Custody may also be given to 3rd persons if the
situation so warrants.

Art. 214: In case of death, absence or unsuitability of
the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case
several survive, the one designated by the court,
taking into account the same consideration mentioned
in the preceding article, shall exercise the authority.
• In case of death, absence or unsuitability of the
parents substitute parental authority shall be
exercised by the surviving grandparent.
• In case several grandparents survive, the court will
decide.

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 Persons and Family Relations 2009 (Atty. Sta. Maria)
Art. 215: No descendant shall be compelled, in a
criminal case, to testify against his parents and
grandparents, except when such testimony is
indispensable in a crime against the descendant or by
one parent against the other.
SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
Art. 216: In default of parents or a judicially appointed
guardian, the following person shall exercise substitute
parental authority over the child in the order indicated:
1. The surviving grandparent, as provided in Art. 214;
2. The oldest brother or sister, over twenty-one years of
age, unless unfit or disqualified; and
3. The child's actual custodian, over twenty-one years of
age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over
the property of the child becomes necessary, the same
order of preference shall be observed.
Art. 217: In case of foundlings, abandoned neglected or
abused children and other children similarly situated,
parental authority shall be entrusted in summary judicial
proceedings to heads of children's homes, orphanages
and similar institutions duly accredited by the proper
government agency.
• No descendant shall be compelled in a criminal case *Not mandatory in nature so if the
to testify against his parents or grandparents unless child wants to he can do so
the crime is against the descendant or by one parent voluntarily.
against the other.
• Husband and wife during or after the marriage cannot
be examined without the consent of the other (marital
privilege). Except: in a civil case by one against the
other, in a criminal case by one against the other or to
the latter’s descendant or ascendant.
1st: parents exercise parental authority then a judicially *They will have the rights and
appointed guardian in default of such guardian: responsibilities of a parent
1. Surviving grandparent enumerated in art. 220 onwards.
2. Oldest brother or sister over 21 *Order is not mandatory: paramount
3. Child’s actual custodian over 21 interest
* The list is merely a guideline, fitness, capabilities, etc
must still be considered.
In case of no family members (foundling, abandoned,
neglected or abused children and other children similarly
situated)
- Parental authority shall be entrusted in summary
judicial proceedings to heads of children’s homes,
orphanages, etc.
Transfer of parental authority:
1. Involuntary: by DSWS who files with court to have
custody over the child.
2. Voluntary: parent or child commits to the DSWS
(surrendered in writing by parents, if only 1 and the
other is dead or abandoned for at least 1 year 1
parent authorization is enough)
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Art. 218: The school, its administrators and teachers, or
the individual, entity or institution engaged in child are
shall have special parental authority and responsibility
over the minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the
school, entity or institution.
Art. 219: Those given the authority and responsibility
under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or
omissions of the unemancipated minor. The parents,
judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily
liable.
The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved that
they exercised the proper diligence required under the
particular circumstances.
All other cases not covered by this and the preceding
articles shall be governed by the provisions of the Civil
Code on quasi-delicts.
EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN
• School, administrators, teachers, individuals or Except: no liability by those with
entities engaged in child care shall have special special parental authority if it can be
parental authority and responsibility over the minor proven that such person exercised
child while under their supervision, instruction, the proper diligence in the
custody. (This authority applies to authorized circumstances. Parents can’t use
activities inside or outside the premises) diligence as a defense (imputed
• Those given special authority shall be principally and liability flows from filial relation).
solidariliy liable (civil liability) for damages caused by *Can be an academic or non-
the acts or omissions of the minor. (Must be teacher academic school.
in charge etc).
• Parents or those who have substitute parental
authority shall be subsidiarily liable (if persons with
special authority cannot cover the liability)
• Under the civil code, article 2180, teachers etc can
still be held liable when children are not anymore
minors subject to the defense of proper diligence.
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Art. 220: The parents and those exercising parental
authority shall have with the respect to their
unemancipated children on wards the following rights
and duties:
1. To keep them in their company, to support, educate
and instruct them by right precept and good example,
and to provide for their upbringing in keeping with their
means;
2. To give them love and affection, advice and counsel,
companionship and understanding;
3. To provide them with moral and spiritual guidance,
inculcate in them honesty, integrity, self-discipline, self-
reliance, industry and thrift, stimulate their interest in
civic affairs, and inspire in them compliance with the
duties of citizenship;
4. To furnish them with good and wholesome
educational materials, supervise their activities,
recreation and association with others, protect them from
bad company, and prevent them from acquiring habits
detrimental to their health, studies and morals;
5. To represent them in all matters affecting their
interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required
under the circumstances; and
8. To perform such other duties as are imposed by law
upon parents and guardians.
Art. 221: Parents and other persons exercising parental
authority shall be civilly liable for the injuries and
damages caused by the acts or omissions of their
unemancipated children living in their company and
under their parental authority subject to the appropriate
defenses provided by law.
Art. 222: The courts may appoint a guardian of the
child's property or a guardian ad litem when the best
interests of the child so requires.
Rights and duties of parents: *Cases in the US would show that
1. Support, educate and instruct them, provide for their support can be withheld from the
upbringing in keeping with their means. child as a disciplinary sanction if the
2. Love and affection, advice, counseling, child refuses to obey the father. (But
companionship, and understanding mere disagreements or delinquent
3. Moral and spiritual guidance behavior does not generally
4. Physical and mental health terminate support). ROE V. DOE.
5. Good and wholesome educational materials and
prevent them from bad company
6. Represent them in all matters affecting their interest.
7. Demand respect and obedience
8. Impose discipline
9. Others imposed by law
Disciplinary Actions: parents may inflict a reasonable measure
of corporal punishment.
(Read Child and Youth Welfare Code –Rights of the child)
• Parents are primarily liable (civilly) for injuries and Exception: if parents can show that
damages caused by the acts and omissions of their they exercised the diligence of a
unemancipated children living in their company and good father, then no liability.
under their parental authority.
• Court may appoint a guardian for purposes of the
lawsuit when the best interest of the child requires it.
GUARDIANSHIP: trust relation of the most sacred character.
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Art. 223: The parents or, in their absence or incapacity,
the individual, entity or institution exercising parental
authority, may petition the proper court of the place
where the child resides, for an order providing for
disciplinary measures over the child. The child shall be
entitled to the assistance of counsel, either of his choice
or appointed by the court, and a summary hearing shall
be conducted wherein the petitioner and the child shall
be heard.
However, if in the same proceeding the court finds the
petitioner at fault, irrespective of the merits of the
petition, or when the circumstances so warrant, the court
may also order the deprivation or suspension of parental
authority or adopt such other measures as it may deem
just and proper.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
• Person who has parental authority may seek the
assistance of the court to discipline the child and with
a counsel shall undergo a summary hearing.
• If the court finds that it is the petitioner at fault, the
court may suspend or deprive him of parental
authority.
• During the commitment of the child the parent cannot
interfere with the care of the child but will provide
support.
• The court may terminate the commitment of the child
whenever just and proper.
Art. 224: The measures referred to
in the preceding article may include
the commitment of the child for not
more than thirty days in entities or
institutions engaged in child care or
in children's homes duly accredited
by the proper government agency.
The parent exercising parental
authority shall not interfere with the
care of the child whenever
committed but shall provide for his
support. Upon proper petition or at
its own instance, the court may
terminate the commitment of the
child whenever just and proper.
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Art. 225. The father and the mother shall jointly exercise
legal guardianship over the property of the unemancipated
common child without the necessity of a court appointment.
In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.
Where the market value of the property or the annual
income of the child exceeds P50,000, the parent concerned
shall be required to furnish a bond in such amount as the
court may determine, but not less than ten per centum
(10%) of the value of the property or annual income, to
guarantee the performance of the obligations prescribed for
general guardians.
A verified petition for approval of the bond shall be filed in
the proper court of the place where the child resides, or, if
the child resides in a foreign country, in the proper court of
the place where the property or any part thereof is situated.
The petition shall be docketed as a summary special
proceeding in which all incidents and issues regarding the
performance of the obligations referred to in the second
paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely
suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a parent
has remarried, in which case the ordinary rules on
guardianship shall apply.
Art. 226. The property of the unemancipated child earned
or acquired with his work or industry or by onerous or
gratuitous title shall belong to the child in ownership and
shall be devoted exclusively to the latter's support and
education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the
child's property shall be limited primarily to the child's
support and secondarily to the collective daily needs of the
family.
• No need for a judicial court to appoint parents as
guardians. It is presumed that the parents act for
the best interest of the child.
Prohibition (cases where a parent cannot be the
administrator of the property):
1. When a parent is disinherited and his/her child
inherits from the child’s grandparents his share of
the compulsory inheritance, the parent cannot
administer such property. The parent however
can administer whatever is given to the child by
way of voluntary will.
2. When the parent is unfit to administer the
property and thus a guardian is needed.
- Parent’s authority over the estate of the ward as a
legal-guardian would not extend to acts of
encumbrance or disposition, as distinguished
from acts of management or administration.
1. if the market value of total property or income of child is
more than P50k, the parent has to give a bond not less
than 10% of value of property to guarantee performance of
the obligations prescribed for general guardians. (to be
sure that guardians don’t abuse their authority and do what
they are required to do)
2. rules on guardianship apply supplementary to parents,
but if child is under substitute parental authority or
guardian is a stranger then rules on guardianship apply.
*parent’s authority over the estate does not include
alienation or encumbrance, or compromise or waiver
(void). – authority is needed from court.
• Child’s salary still for his/her exclusively used for
benefit of child but child also has obligation to
support ascendants thus salary can be used.
• Parents cannot use property for personal use.
-the child shall own exclusively whatever he earns or by
onerous or gratuitous title.
-the fruits of such can only be used by the parents for the
support of the child and secondarily for the support of the
family.
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Art. 227: If the parents entrust the management or
administration of any of their properties to an
unemancipated child, the net proceeds of such property
shall belong to the owner. The child shall be given a
reasonable monthly allowance in an amount not less than
that which the owner would have paid if the administrator
were a stranger, unless the owner, grants the entire
proceeds to the child. In any case, the proceeds thus give in
whole or in part shall not be charged to the child's legitime.
SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY
Art. 228: Parental authority terminates permanently:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child.
Art. 229: Unless subsequently revived by a final judgment,
parental authority also terminates:
1. Upon adoption of the child;
2. Upon appointment of a general guardian;
3. Upon judicial declaration of abandonment of the child in a
case filed for the purpose;
4. Upon final judgment of a competent court divesting the
party concerned of parental authority; or
5. Upon judicial declaration of absence or incapacity of the
person exercising parental authority.
Art. 230: Parental authority is suspended upon conviction of
the parent or the person exercising the same of a crime
which carries with it the penalty of civil interdiction. The
authority is automatically reinstated upon service of the
penalty or upon pardon or amnesty of the offender.
• Parents who engage their unemancipated child to
take care of their properties are to give their child
a monthly allowance taken from the gross
proceeds of the property for the month. Such will
not be charged to the child’s legitime.
• The net proceeds or the balance left after the
payment of the allowance and expenses will go to
the parents
• The court upon the death of the parents can *parental authority cannot be revived
appoint a guardian on petition of a relative, family in these cases.
friend, or DSWD.
• These situations extinguishes parental authority
Grounds for termination: *for the reinstatement of parental
1. Adoption – all legal ties are severed an are authority judicial declaration is
vested on the adopter. needed for reinstatement of parental
2. appointment of guardian authority.
3. abandonment of child (upon judicial declaration in
a case filed for the purpose)
4. final judgment from court depriving parental
authority
5. judicial declaration of absence or incapacity of
person
- parental authority is suspended upon conviction of the *parental authority is automatically
parent of a crime that has civil interdiction (loss of rights of reinstated upon service of sentence
parental authority, guardianship to person and property of or pardon.
ward, marital authority, right to manage his property and
right to dispose of such.
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Art. 231: The court in an action filed for the purpose in a
related case may also suspend parental authority if the
parent or the person exercising the same:
1.Treats the child with excessive harshness or cruelty
2. Gives the child corrupting orders, counsel or example;
3. Compels the child to beg; or
4. Subjects the child or allows him to be subjected to acts of
lasciviousness.
The grounds enumerated above are deemed to include
cases, which have resulted from culpable negligence of the
parent or the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of
the child so demands, the court shall deprive the guilty party
of parental authority or adopt such other measures as may
be proper under the circumstances.
The suspension or deprivation may be revoked and the
parental authority revived in a case filed for the purpose or
in the same proceeding if the court finds that the cause
therefor has ceased and will not be repeated.
Art. 232: If the person exercising parental authority has
subjected the child or allowed him to be subjected to sexual
abuse, such person shall be permanently deprived by the
court of such authority.
Art. 233: The person exercising substitute parental
authority shall have the same authority over the person of
the child as the parents.
In no case shall the school administrator, teacher of
individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child.
Suspension of parental authority (can be from a case *if the degree or seriousness so
related, offshoot of another case. Does not have to be warrants parent may be deprived of
case filed for the purpose) authority.
1. treats the child with excessive harshness or *Parental authority may be revived in
cruelty a case filed for its purpose or in the
2. gives child corrupting orders, example or counsel same proceeding if the court finds
3. Compels the child to beg that the cause has ceased.
4. Subjects or allows him to be subject to acts of
lasciviousness (not actual sexual act, force or
intimidation with lewd design)
* This may include cases where the parent was negligent
or didn’t do anything about the situation.
• If the person exercising parental authority has *parental authority cannot be revived
subjected the child or allowed him to be subjected for sexual abuse.
(culpable negligence of a parent) to sexual *RPC: parental authority can be
abuse parental authority will be permanently deprived or suspended up to the
deprived discretion of the courts.
Under RPC: any person entrusted with parental authority
of a child under 16 years of age to deliver, gratuitously or
in consideration of a price, such child to vagrant or beggar,
employs children in exhibitions (circus, carnival, etc.)
Corporal punishment of those with special parental
authority:
- those exercising substitute parental authority will
have all the same rights and authorities over the
child (can inflict corporal punishment)
- those with special parental authority cannot inflict
corporal punishment on the child. (schools can
impose certain measures of disciplinary action
but cannot inflict any physical punishment)
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Criminal liability of parents:

1. conceals or abandons the child with intent to make him/her loose his civil status
2. abandons child depriving him of the love, care, and protection he needs
3. sells or abandons child for a valuable consideration
4. neglects the child by not giving him the education which the family can afford
5. fails or refuses without justifiable reason to enroll child
6. causes, abates, or permits truancy of the child. (absence without cause for more than 20 days, not necessarily consecutive)
7. exploits child by using him for begging, etc.
8. inflicts cruel and unusual punishment
9. encourages or causes child to lead an immoral or dissolute life
10. permits child to use or carry dangerous weapons
11. allows or requires child to drive without a license.

EMANCIPATION

Art. 234: Emancipation takes place by the - Emancipation is attained upon reaching 18 years of age.
attainment of majority. Unless otherwise provided, Marriage is no longer a ground for emancipation since now
majority commences at the age of eighteen. one can only contract a marriage when they marry.

Art. 236: Emancipation for any cases shall
terminate parental authority over the person and
property of the child who shall then be qualified and
responsible for all acts of civil of life, save the
exceptions established by existing laws in special
cases.
Contracting marriage shall require parental consent
until the age of 21.
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.
- Parental consent is more in keeping with Filipino culture and *Illegitimate children: liability is
tradition. with the mother; the father is only
- Once emancipated he/she can sue or be sued alone, and is relied upon for support.
responsible and qualified for all acts of civil life
Parent’s liability:
- The father and in case of death or incapacity the mother are
responsible for the damages caused by the children between
18 and 21 who live in their company.
- Parents are also subsidiary liable for the acts or omission of
their emancipated child living in their custody,
Guardian’s liability:
- Guardians are liable for damages if the person is under their
authority and live in their company.

Summary proceedings:
- claims for damages by either spouse must be done in a separate action.
- Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel after.
- Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher courts on the basis
of denial of due process.
Family courts:
- shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest number of people.

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Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)
2. petitions for guardianship, custody, habeas corpus
3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
5. support and acknowledgment
6. summary judicial proceedings
7. declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8. Constitution of family home
9. Cases against minors (dangerous drugs act)
10. Violations of 7610
11. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings)
*if any become an incident to a case pending in the regular courts it shall be decided there.

Funerals:
- same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)
• Brothers and sisters or descendants –oldest are preferred, ascendants – paternal is preferred.
- In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious beliefs, in case
of doubt shall be decided upon by the person making the arrangements after consultation with the family.
- Human remains can’t be disposed or exhumed without the consent of the persons in arrangement.
- A person who allows disrespect to the dead will be liable to the family for moral and material damages.
- Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.

USE OF SURNAMES

Art. 364: Legitimate and legitimated children shall - Legitimate, legitimated children use surname of their
principally use the surname of the father. dad

Art. 365: An adopted child shall bear the surname of
the adopter.
- Adopted children are considered the legitimate child
of the adopter for all intents and purposes and thus
is entitled to all the rights and obligations provided by
law.
- Adopted children bear the name of their adopter.

Art. 366: A natural child acknowledged by both parents
shall principally use the surname of the father. If
recognized by only one of the parents, a natural child
shall employ the surname of the recognizing parent.
Art. 367: Natural children by legal fiction shall
principally employ the surname of the father.
Art. 176: illegitimate children shall use the surname of the
mother and shall be under their parental control.
- Art. 176 however does not apply if the father of the
illegitimate child is certain as when the said father
categorically admits that the illegitimate common
child is his and at the same time such father lives
with the illegitimate child and the mother.

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Art. 368: Illegitimate children referred to in Article 287
shall bear the surname of the mother.
Art. 369: Children conceived before the decree
annulling a voidable marriage shall principally use the
surname of the father.
Art. 370: A married woman may use:
1. Her maiden first name and surname and add her
husband's surname, or
2. Her maiden first name and her husband's surname
or
3. Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."
Art. 371: In case of annulment of marriage, and the
wife is the guilty party, she shall resume her maiden
name and surname. If she is the innocent spouse, she
may resume her maiden name and surname. However,
she may choose to continue employing her former
husband's surname, unless:
1. The court decrees otherwise, or
2. She or the former husband is married again to
another person.
Art. 372: When legal separation has been granted, the
wife shall continue using her name and surname
employed before the legal separation.
Art. 373: A widow may use the deceased husband's
surname as though he were still living, in accordance
with Article 370.
- Illegitimate children shall principally use the name of Exception: father is certain or
the mother recognizes illegitimate child and the
father lives with the illegitimate child
and mother. Then can use fathers
surname
- Children conceived before the decree annulling a
voidable marriage shall use surname of father.
- Decree of annulment is final 15 days after it is made
thus even if the child was born during that 15 day
period the child will still be legitimate.
Married woman may use:
1. Her own name
2. maiden first name, surname and husbands surname
3. maiden name and her husbands surname
4. husbands full name plus “Mrs.”
* Option is give to the woman.
In case of annulment:
1. wife is guilty: shall resume her maiden name
2. innocent: resume her maiden name or continue
using her husbands name unless the court decrees
otherwise or if either of them remarries.
In case of legal separation: wife will continue to use the
name she used prior to separation
Widow: may continue to use deceased husband’s surname
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Art. 374: In case of identity of names and surnames, • If there are similar names, the younger will be Grandsons and direct male
the younger person shall be obliged to use such obliged to use additional names descendants will use:
additional name or surname as will avoid confusion. • If between ascendants and descendants the word 1. add middle name or mothers
“junior” can only be used by a son. surname
Art. 375: In case of identity of names and surnames add roman numerals
between ascendants and descendants, the word
"Junior" can be used only by a son. Grandsons and
other direct male descendants shall either:
1. Add a middle name or the mother's surname, or
2. Add the Roman Numerals II, III, and so on.

Art. 376: No person can change his name or surname • No change in name or surname without judicial Exception: if it is for merely changing
without judicial authority. authority clerical or typographical error no need
Reasons for change in surname: for judicial authority (must not involve
1. ridiculous name a change in nationality, age, status, or
2. change of civil status sex)
3. to avoid confusion Change in nickname:
*laws do not permit a legitimate child of another to adopt the 1. ridiculous, tainted with
surname of another person even if that person is exercising dishonor, difficult to
parental authority. But if it is an illegitimate child, change of pronounce
surname is permitted 2. habitually used and known
- change of name does not alter family relations, rights by other people as that
or duties, legal capacity, civil status or citizenship. 3. change will avoid confusion.

Art. 377: Usurpation of a name and surname may be • The usurpation or use of a name and surname *usurpation means some injury to the
the subject of an action for damages and other relief. without authority could result in a claim for damages interests of the person (possibility of
Art. 378: The unauthorized or unlawful use of another • Unauthorized or unlawful use of another’s name also confusion of identity etc)
person's surname gives a right of action to the latter. gives right for an action to the latter.

Art. 379: The employment of pen names or stage • Pen names and stage names permitted as long as *stage names cannot be usurped as
names is permitted, provided it is done in good faith done in good faith and no one gets injured. the people have vested rights in them
and there is no injury to third persons. Pen names and as well.
stage names cannot be usurped.

Art. 380: Except as provided in the preceding article,

no person shall use different names and surnames.

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Absence:
- at the instance of an interested party the judge may appoint a person to represent him
- judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) –spouse is preferred if no legal
separation.

Declaration of absence - 2 yrs if no news about the absentee

- 5 yrs if absentee left someone in charge

Who may seek declaration - spouse present *judicial declaration shall not take effect until 6
of absence - heirs instituted in a will months after its publication.
- relatives who may succeed by the law of intestacy (legitimate,
illegitimate relatives, collateral relatives)
- those who have right to the property subordinated to the
condition of his death

Some of its effects - cause for involuntary judicial separation *spouse can’t alienate/encumber property without
- basis for termination of property regime judicial authority.
- transfer of exclusive properties to the present spouse
- termination of parental authority

Termination of - when absentee appears of his agent

administration - death of the absentee is proved and his heirs appear
- 3rd person appears with a right over the property

Presumption of death
through absence
Presumption of death in
dangerous situations
- 7 years for intents and purposes except succession
- 10 yrs for purposes of opening succession
- if disappeared after the age of 75, 5 years enough
- on board a lost vessel during sea voyage, airplane that is
missing and has not been heard of in 4 years since loss. (if
there is a wreckage and person is missing, not 4 years)
- Person in the armed forces engaged in war and is missing for 4
years
- Person in danger of death and existence has not been known for
4 years.
*if the absentee appears or his existence is proven
he shall recover all his property in the condition they
are in but cannot claim the fruits or rents.
*if the absentee is the heir, his share shall accrue
to his co-heirs, unless hi has heirs or a
representative. (right of representation). If
absentee reappears he has claim to get what was
supposed to be his from those that got it within the
prescriptive period.

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ADDITIONAL NOTES AND REVIEW AIDS:

Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of statute.

Domestic adoption
- Policy of the state to ensure that child is provided with love, care and remains with parents and only when the child can’t be placed with extended family
shall adoption by unrelated person be considered.
In accordance with tenets of:
1. UN Convention on Rights of a Child
2. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
3. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
1. Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential adopter before birth, etc.)
2. Prevent child from unnecessary separation from parents
3. Protect adoptive parents from disturbance of their parental authority over adopted.
4. Promote sensitive environment for adoption through campaigns and public information
5. Government has sufficient capacity to provide for adoption properly.
6. Encourage domestic adoption and make inter-country adoption a last resort.
- Being a statutory creation, all requirements must be met with if not, no rights may flow from this.
Pre-Adoption Services: Counseling for natural parents, adopter, and adoptee.
Eligibility:
1. Filipino citizen of legal age with full civil capacity and legal rights.
a. Not convicted of a crime involving moral turpitude
b. Emotionally/Psychologically capable of caring for children
c. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent)
d. In a position to support and care for
2. Aliens with same qualifications plus
a. Country has diplomatic relations with Philippines
b. Living in the Philippines for at least 3 continuous years
i. Residency requirement is waived if the adopter was:
1. Former Filipino citizen who seeks to adopt a relative with in the 4th degree of consanguinity or affinity
2. Seeks to adopt legitimate child of Filipino spouse
3. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4th degree of consanguinity or affinity of
Filipino spouse.
c. Foreign country will allow the adoptee to enter such country
d. Certified to be legally capacitated to adopt
3. Guardian with respect to ward (after clearance of finances
Husband and wife shall jointly adopt except:
1. One spouse seeks to adopt legitimate child of other
2. One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this
3. Spouses are legally separated
Who may be adopted:
1. Below 18, judicially/administratively declared available for adoption

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2. Legitimate child of one spouse by the other

3. Illegitimate child by qualified adopter to improve status
4. A person of legal age of when younger was treated as adopter’s child since minority
5. A childe whose adoption has been previously rescinded
6. Child where parents have died (no proceeding until after 6 months from time of death)
Consent needed: To make sure everyone knows and accepts the adoption
1. The adoptee if 10 years and over
2. Who ever has legal custody of the child (parent, guardian, gov’t.)
3. Legitimate and adopted children of adoptee (10 years and above)
4. Illegitimate children if living with adopter (10 years or over)
5. Spouse of adopter
- No consent can be given prior to birth of child. 6-month period to revoke consent by parent after decision has been made. After that consent is binding.
Procedure:
1. Court needs proof that there wasn’t a hurried decision.
2. Social worker should make case study of adopter and adoptee prior to any hearing for adoption
3. Before adoption decree becomes final there is 6 month custody period
- Only a direct attack in cases of adoption, can’t be collaterally attacked
- Decree becomes effective as of the date petition was filed
• Retroacts except when it comes to vicarious liability
- Hearing in adoption cases will be considered confidential and not open to public.
Effects of Adoption:
1. Parental authority – all legal ties between biological parent and adoptee severed (unless biological is the one adopting)
2. Legitimacy – for all intents and purposes adoptee is considered legitimate child
a. Relationship established is only between parent and child, does not extend to other relatives unless expressly provided by law
3. Succession - adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime), biological parents won’t get anything.
- No right of representation (Meaning if adopter dies, adoptee can’t get from parents of adopter)
- Does not inherit form the other relatives, etc.
- However if something is left by will the adoptee/biological parent can inherit (from the free portion)
Rescission of adoption: by adoptee or guardian:
1. Repeated physical or verbal maltreatment
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment and failure to comply with parental obligations
- Adopter cannot rescind adoption (can only disinherit)
- If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a minor. But adopter
and adoptee relationship extinguished.

Inter-country Adoption:
- Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
- Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.
- The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family.
Functions of Board:

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1. Rules and regulations

2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form an accredited
counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is allowed under his
or her laws)
- To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
- No matching arrangement between applicant and parents before the committee’s proposal unless it is relative or it is for the child’s best interest.
- Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
- If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family, absence the foreign
agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign adoption
agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board
3. Procedures and safeguards not complied with
4. Child exposed to danger, abuse and exploitation
- Attempt to commit offense punishable
- Acts punishable above considered child trafficking

RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
- State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the child.

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Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2. Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
6. Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
- Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
- Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
- Institute an alternative education for children which is culture specific and relevant to their needs
- Delivery of basic social services.
Situations of Armed Conflict:
- Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army
3. Delivery of basic social services
4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3rd degree of consanguinity social worker of DSWS or other,

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Barangay chairman, 3 citizens of the place where it occurred.

Article 86: Donor may revoke donation
by reason of marriage in the following
cases
5. Marriage is not celebrated or is void ab initio (including
art. 52-53)
Prescription:
- marriage is void: 5 years from Judicial Declaration of
Nullity (if doesn’t want to give it back, prescribe after 8
years for movable, 30 years for immovable)
- marriage not celebrated: 5 years from when it was not
celebrated
Exception: If the donation is in the marriage
settlement it will be revoked by operation of
law.
Exception: If the marriage is void due to
Article 40, or Article 44, then automatically
revoked

6. Marriage takes place without consent of parents

Prescription:
- 5 years from the time he had knowledge that consent was not
obtained, after the marriage.

7. Upon legal separation when donee is the guilty spouse Exception: if the ground for legal separation is
Prescription: infidelity in the form of adultery or concubinage
- 5 years from finality of decree. it will be automatically void.

8. When there is a resolutory cause and the condition has Exception: between husband and wife
been complied with prescription does not run.
Prescription:
5 years from the happening of the resolutory condition.

6. Acts of ingratitude:
- donee commits an offense against the person or property of the
donor, his wife, or children
- donee imputes to the donor any criminal offense involving moral
turpitude unless it against the donee
- donee unduly refuses to support donor when he is legally or
morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of
ingratitude

Article 87 -husband and wife can’t donate to each other Exception: can give moderate gifts.
-also those who cohabitate with each other

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Revoked by operation of law:

1. Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted with bad faith.
2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession, provisions in favor of
the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law is marriage is
not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.

CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual development
duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family

Legitimate Illegitimate

Those conceived in the 15-day period prior to the finality of the decree of Children born in a valid marriage but is impugned by the father
annulment.

Conceived or born before a voidable marriage is terminated Children conceived or born in a void marriage

Children conceived or born in a void marriage pursuant to article 40, 52, Cannot be legitimated: when from an adulterous relationship or
and 53 bigamous marriage.

Children conceived or born in a void marriage because of psychological

incapacity
*but if child was conceived and born prior to the marriage, marriage does
not make child legitimate

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Children conceived and born prior to the marriage if there are no legal
impediments at that time then the subsequent marriage will make them
legitimate.

Exception to when parents cannot administer property:

1. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to legitime.
i. Article. 919: following shall be sufficient causes for disinheritance of children, descendants
1. Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse, descendants or
ascendants.
2. When the child, descendant has accused the testator of a crime, which the law prescribes imprisonment for 6 years or more, if
it is found to be groundless.
3. When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
4. When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make a will or change one he has
already made.
5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
6. Maltreatment of the testator by word or deed by the child or d
7. Child or descendant leads a dishonorable or disgraceful life
8. Conviction of a crime with civil interdiction
ii. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants, whether legitimate or illegitimate
1. When parents have abandoned their children, induced their daughters to live corrupt or immoral life, or attempted against their
virtue
2. Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse, descendants or
ascendants.
3. Accused testator of a crime…
4. Parent or ascendant convicted of concubinage with spouse of testator
5. Parent or ascendant by fraud, violence, undue influence causes new will or change will
6. Loss of parental authority
7. Refusal to support children or descendants without justifiable cause.
8. Attempt of one of the parents against the life of the other, unless there has been reconciliation
iii. Article 921: disinheriting a spouse
1. Spouse convicted of attempt against..
2. Spouse accused testator of crime…
3. Spouse by fraud, intimidation…
4. Spouse has given cause for legal separation
5. When the spouse has given grounds for loss of parental authority.
6. Unjustifiable refusal to support the children or other spouse
2. When parent is incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against her virtue
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3. Accused of a crime…

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4. Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer within a
month unless authorities have already taken action. (not applicable wherein law there is no obligation to make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
b. Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant,
descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such witness, spouse,
parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.

• Prohibited compromise: matters which cannot be negotiated nor set by agreement:

▪ Civil status
▪ Validity of marriage or of a legal separation
▪ Ground for legal separation
▪ Future support
▪ Jurisdiction of the courts
▪ Future legitimes

Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3 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. (physical, financial and moral desertion)
- spouse can seek for receivership, judicial separation of property, and sole administration
- abandonment for more than one year can lead to legal separation

Deadlines:

Article Contents Deadlines/prescriptions

Article 30 Marriage certificate with affidavit for marriages in articulo Within 30 days after the performance of the marriage
mortis or remote residence

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Article 38 Action or defense for absolute nullity (anyone can file) Does not prescribe

Article 47 For one who obtains a marriage without prior consent after - Any time between 18-21 years old by parents
*If ratified then can no longer be he reaches the age of 21 - 5 years after reaching 21 by the party.
annulled.

Article 47 By the sane spouse without knowledge of insanity, relative, Anytime before the death of either party.
guardian, or person having legal charge

Article 47 By the insane during a lucid interval Anytime before the death of either

Article 47 Consent through fraud 5 years after having knowledge

Article 47 Consent through intimidation, force, undue influence 5 years after it ceases

Article 47 For STD and physical incapacity 5 years after the marriage

Article 50-51 Entry of judgment and decree of nullity become final 15 days from receipt of the parties of the decision

Article 57 Prescription of action for legal separation 5years from the occurrence of the cause.

Article 58 Legal separation trial (during trial they are entitled to live After the laps of 6 months after the filing of the petition.
separately already)

Article 61 After filing of complaint respondent should answer but is not 15 days after receipt of summons
in default if not answered

Article 61 Action for legal separation Terminates upon death of either spouse

Article 64 Revocation by choice of the innocent spouse of donations 5 years after the decree of legal separation becomes
after decree of legal separation final. (Unless the donation is actually void Art. 87)

Article 182 Impugning legitimacy by those who are prejudiced 5 years from the time their cause of action accrues

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