Executive Order No.

209
The Family Code of the
Philippines
Title I. Marriage
Chapter 1. Requisites of Marriage

 Article 1 Marriage, defined; purposes and

characteristics
 Article 2 Marriage, essential requisites
 Article 3 Marriage, formal requisites
 Article 4 Effect of absence of essential or formal
requisites
 Article 5 Minimum age for marriage
 Article 6 Marriage ceremony
 Article 7 Persons authorized to solemnize marriages
 Article 8 Place of solemnization of marriage
 Article 9 Issuance of marriage license
 Article 10 Marriage by consular officials
 Article 11 Marriage license application
 Article 12 Determination of required age by local civil
registrar
 Article 13 Documents required if parties were previously
married
 Article 14 Parental consent required
 Article 15 Parental advice required
 Article 16 Marriage counseling required
 Article 17 Posting of notice of marriage license application
 Article 18 Knowledge of marriage impediments by local civil
registrar
 Article 19 Marriage license fees
 Article 20 Validity of marriage license
 Article 21 Marriage by foreign citizens
 Article 22 Marriage certificate or contract
 Article 23 Distribution of copies of marriage certificate
 Article 24 Duty of local civil registrar to prepare documents,
administer oaths
 Article 25 Registry Book
 Article 26 Marriage by Filipinos outside the Philippines
Chapter 2. Exempt From License Requirement

 Article 27 Marriage in articulo mortis

 Article 28 Marriage in an inaccessible place
 Article 29 Sworn affidavit of solemnizing officer
 Article 30 Affidavit to be sent to local civil registrar
 Article 31 Marriage solemnized by ship captain or airplane
pilot
 Article 32 Marriage solemnized by military commander
 Article 33 Marriage by Muslims and cultural minorities
 Article 34 Marriage by parties who have cohabited for at least
five years
Chapter 3. Void and Voidable Marriage

 Article 35 Void marriages

 Article 36 Psychological incapacity
 Article 37 Void incestuous marriages
 Article 38 Void marriages by reason of public policy
 Article 39 No prescription in void marriages
 Article 40 Judicial declaration of nullity of marriage
required
 Article 41 Void, valid subsequent marriage
 Article 42 Subsequent marriage terminated by
recording of affidavit of reappearance
 Article 43 Effects of termination of second marriage by
reappearance
 Article 44 Bad faith of both spouses of subsequent
marriage
 Article 45 Grounds for annulment of marriage
 Article 46 Circumstances that constitute fraud
 Article 47 Prescriptive period to bring action for annulment
 Article 48 Rules in actions for annulment or declaration of
absolute nullity of marriage
 Article 49 Support and custody during pendency of
cases
 Article 50 Matters to be disposed of in final judgment
 Article 51 Delivery of presumptive legitimes
 Article 52 Registration of final judgment of
annulment or declaration of absolute nullity
 Article 53 Effects of subsequent marriage without
registration of final judgment
 Article 54 Legitimacy of children of voidable or void
marriages
Title II. Legal Separation
 Article 55 Legal separation, defined
 Article 56 Grounds for denial of petition for legal
separation
 Article 57 Period to file action for legal separation
 Article 58 Six months cooling-off period
 Article 59 Duty of Court to initiate reconciliation
 Article 60 No legal separation based on stipulation of
facts or confession of judgment
 Article 61 Effects of filing petition for legal
separation
 Article 62 Support of spouses and custody of
children during pendency of petition
 Article 63 Effects of decree of legal separation
 Article 64 Other effects of decree of legal
separation
 Article 65 Filing of joint manifestation of
reconciliation
 Article 66 Effects of reconciliation
 Article 67 Agreement to revive former property regime
Title III. Rights and Obligations
Between Husband and Wife
 Article 68 Personal obligations of the spouses
 Article 69 Who decides on the family domicile
 Article 70 Responsibility for family support
 Article 71 Household management by both spouses
 Article 72 Relief from the courts in case of
disagreement
 Article 73 Exercise by a spouse of a profession,
industry, etc
Title IV. Property Relations
Between Husband and Wife
Chapter 1. General Provisions

 Article 74 How shall property relations to be governed

 Article 75 Property regimes that may be agreed upon by
spouses
 Article 76 Modification of the marriage settlement
 Article 77 Form of marriage settlements and its modifications
 Article 78 Marriage settlements by minor
 Article 79 Marriage settlements by persons under civil
interdiction or other disability
 Article 80 Property relations governed by Philippine law
 Article 81 Stipulations in marriage settlements void if
marriage does not take place

Chapter 2. Donations by Reason of Marriage

 Article 82 Requisites for donations propter nuptias
 Article 83 Donations propter nuptias governed by rules on
ordinary donations
 Article 84 One-fifth limitation on present property
 Article 85 Donations propter nuptias of encumbered property
 Article 86 Grounds for revocation
 Article 87 Void donations or grants of gratuitous
advantage between spouses during the marriage
Chapter 3. System of Absolute Community
Section 1. General Provisions

 Article 88 System of absolute community of property

(ACP) explained
 Article 89 Effects of ACP during the marriage
 Article 90 Rules on co-ownership suppletory to ACP
Section 2. What Constitutes Community Property
 Article 91 What constitutes community property
 Article 92 Properties excluded from the community property
 Article 93 Presumptions on property acquired during
marriage
 Section 3. Charges Upon and Obligations of the Absolute
Community

 Article 94 Obligations and charges upon the ACP

 Article 95 What may not be charged upon the ACP

Section 4. Ownership, Administration, Enjoyment and Disposition

of the Community Property

 Article 96 Ownership, administration, etc. of ACP

 Article 97 Disposition of interest in the ACP by will
 Article 98 Donation of ACP property void without marital
consent
 Section 5. Dissolution of Absolute Community Regime

 Article 99 Causes and effects of termination of ACP

 Article 100 Effects of separation de facto on the ACP
 Article 101 Abandonment or failure to comply with obligations

Section 6. Liquidation of the Absolute Community Assets and

Liabilities

 Article 102 Procedure in liquidation, inventory and payment

of obligations of the ACP
 Article 103 Liquidation of ACP upon death of either spouse
 Article 104 Liquidation of community properties of two or
more marriages
Chapter 4. Conjugal Partnership of Gains

Section 1. General Provisions

 Article 105 When Conjugal Partnership (CPG)

governs
 Article 106 What constitutes the CPG
 Article 107 When the CPG commences
 Article 108 Rules governing the CPG
 Section 2. Exclusive Property of Each Spouse

 Article 109 Exclusive property of each spouse

 Article 110 Rights of each spouse over exclusive property

 Article 111 Other rights over his/her exclusive property

 Article 112 Alienation of exclusive property terminates the
spouse’s administration
 Article 113 Property donated to or acquired by will
 Article 114 Onerous donations to the spouses
 Article 115 Rules on benefits received by the spouses
 Section 3. Conjugal Partnership Property

 Article 116 Property acquired during marriage

presumed conjugal
 Article 117 Properties that comprise the CPG
 Article 118 Rules on property bought on installment
basis
 Article 119 Payments of principal, exclusive property;
interest, conjugal
 Article 120 Rules on improvements or buildings made
on separate property
 Section 4. Charges Upon and Obligations of the Conjugal
Partnership
 Article 121 Obligations and charges upon the CPG
 Article 122 Personal debts, fines and pecuniary liabilities
of each spouse
 Article 123 What may not be charged upon the CPG
Section 5. Administration of the Conjugal Partnership
Property
 Article 124 Administration, enjoyment, disposition of the
CPG
 Article 125 Donation of CPG property void without
marital consent; exception
 Section 6. Dissolution of Conjugal Partnership of Gains
 Article 126 Causes and effects of termination of CPG
 Article 127 Separation in fact, effects on CPG
 Article 128 Situations under this Article; abandonment
Section 7. Liquidation of the Conjugal Partnership Assets and
Liabilities
 Article 129 Steps in liquidating the CPG
 Article 130 Liquidation of CPG upon death of either spouse
 Article 131 Liquidation of CPG properties of two or more
marriages
 Article 132 Applicability of Rules of Court
 Article 133 Support during liquidation of CPG
Chapter 5. Separation of Property of the Spouses and
Administration of Common Property by One Spouse During the
Marriage
 Article 134 Judicial separation of property
 Article 135 Sufficient case for judicial separation of property
 Article 136 Steps in voluntary separation of property
 Article 137 Liquidation upon separation of property; support
 Article 138 Regime after dissolution
 Article 139 Recording of requirements
 Article 140 Protections to creditors
 Article 141 Revival of prior regime
 Article 142 Transfer of administration of conjugal property
Chapter 6. Regime of Separation of Property

 Article 143 Regime of complete separation of property defined

 Article 144 Kinds of separation of property
 Article 145 Rights of each spouse over his/her property
 Article 146 Liability of each spouse for family expenses

Chapter 7. Property Regimes of Unions Without Marriages

 Article 147 Unions without marriage, under a void marriage;

rules
 Article 148 Rules on wages and salaries, acquired properties,
etc
Title V. The Family
Chapter 1. The Family as an Institution

 Article 149 Definition of family

 Article 150 Persons having family relations with each other
 Article 151 Earnest efforts at compromise before suits
between family members
 Article 152 Definition of family home
 Article 153 How family home is constituted
 Article 154 Beneficiaries of family home
 Article 155 Liabilities of the family home
 Article 156 What properties constitute the family home
 Article 157 Maximum value of the family home
 Article 158 Alienation or encumbrance of the family
home
 Article 159 Effect of death on the family home
 Article 160 Liability of family home to creditors
 Article 161 Limitation on constitution of family home
 Article 162 Applicability to existing family residences
 Title VI. Paternity and Filiation
Chapter 1. Legitimate Children

 Article 163 Kinds of filiation of children

 Article 164 Natural legitimate children; artificial insemination
 Article 165 Illegitimate children
 Article 166 Grounds to impugn legitimacy of a child
 Article 167 Declaration of mother against legitimacy of a child
 Article 168 Status of child whose mother contracts another marriage
 Article 169 Children born 300 days after termination of marriage
 Article 170 Who can and when to impugn legitimacy of a child
 Article 171 When heirs may impugn legitimacy
Chapter 2. Proof of Filiation

 Article 172 How to establish or prove filiation

 Article 173 Who can and when to bring action to claim
legitimacy
 Article 174 Rights of legitimate children

Chapter 3. Illegitimate Children

 Article 175 Proof of filiation of illegitimate children; when and

how to bring action to claim filiation
 Article 176 Rights of illegitimate children
Chapter 4. Legitimated Children

 Article 177 Who can be legitimated

 Article 178 When legitimation takes place
 Article 179 Rights of legitimated children
 Article 180 Retroactive effect of legitimation
 Article 181 Legitimation benefits child’s descendants
 Article 182 Who can and when to impugn legitimation;
grounds
 Title VII. Adoption
 Article 183 Definition and purpose of adoption; who may be adopted
 Article 184 Who may not adopt
 Article 185 Adoption jointly by husband and wife
 Article 186 Joint parental authority in adoption
 Article 187 Who may not be adopted
 Article 188 Consent necessary for adoption
 Article 189 Effects of adoption
 Article 190 Rules on legal or intestate succession
 Article 191 Rescission of adoption
 Article 192 Rescission of adoption by adopters
 Article 193 Rescission where adopted is a minor or handicapped; legal
effects
 Title VIII. Support
 Article 194 What is included in support
 Article 195 Who are obliged to support each other
 Article 196 Support between illegitimate brothers and
sisters
 Article 197 Properties liable for support of relatives
 Article 198 Support during certain proceedings
 Article 199 Order of support
 Article 200 Rules when obligation to support falls upon
two or more persons
 Article 201 Rules on amount of support
 Article 202 Amount of support subject to change or
modification
 Article 203 Demandibility of support
 Article 204 Options given to the obligor
 Article 205 Support exempt from attachment or
execution
 Article 206 When stranger gives support
 Article 207 Unjust refusal to give support
 Article 208 Support by contract or will
 Title IX. Parental Authority
Chapter 1. General Provisions
 Article 209 What is parental authority
 Article 210 Parental authority cannot be renounced
 Article 211 Joint parental authority; duties of children under
parental authority
 Article 212 Effect of death of one spouse or remarriage of
surviving parent
 Article 213 Effect of separation of the parents
 Article 214 Substitute parental authority by grandparent
 Article 215 Prohibited testimony
Chapter 2. Substitute and Special Parental
Authority

 Article 216 Persons exercising parental authority

 Article 217 Parental authority over disadvantaged
children
 Article 218 Persons exercising special parental
authority
 Article 219 Liability of persons exercising special or
substitute parental authority
Chapter 3. Effect of Parental Authority Upon
the Person of the Children

 Article 220 Rights and duties of parents

 Article 221 Liability of parents and guardians for
damages caused by children
 Article 222 Guardian for child’s property
 Article 223 Disciplinary measures by court order
 Article 224 Disciplinary measures to be imposed
Chapter 4. Effect of Parental Authority
Upon the Property of the Children

 Article 225 Joint legal guardianship over child’s

property; bond
 Article 226 Properties belonging to child in ownership;
parents’ rights over fruits
 Article 227 Rules when parents entrust their property
to a child
Chapter 5. Suspension or Termination of
Parental Authority
 Article 228 Permanent termination of parental authority
 Article 229 Revival of terminated parental authority
 Article 230 Suspension of parental authority by civil
interdiction
 Article 231 Suspension and deprivation of parental
authority by court order
 Article 232 Permanent deprivation of parental authority
 Article 233 Authority of persons exercising substitute or
special parental authority
Title X. Emancipation and Age
of Majority
 Article 234 Emancipation of a child
 Article 235 (Repealed by RA 6809)
 Article 236 Effect of emancipation
 Article 237 (Repealed by RA 6809)
 Title XI. Summary Judicial
Proceedings in the Family Law
Chapter I. Prefatory Provisions
 Article 238 Scope of application of summary rules

Chapter 2. Separation in Fact Between Husband and Wife

 Article 239 Verified petition for authorization to enter into
transaction
 Article 240 Claims for damages litigated in separate action
 Article 241 Jurisdiction over petition in RTC of either spouse’s
residence
 Article 242 Notice to other spouse
 Article 243 Preliminary conference without lawyers
 Article 244 Court’s duty in non-appearance of the
other spouse
 Article 245 Ex parte proceedings in other spouse’s
absence
 Article 246 Petition decided in summary hearing
 Article 247 Judgment immediately final and executory
 Article 248 Rules governing petition for administration
of separate property
Chapter 3. Incidents Involving Parental
Authority
 Article 249 Verified petition under Articles 223, 225 and 235
 Article 250 Petition in court where child resides
 Article 251 Notice to parents or guardians
 Article 252 Rules in Chapter 2 applicable

Chapter 4. Other Matters Subject To Summary

Proceedings
 Article 253 Summary rules for Articles 41, 51, 69, 73, 96, 214,
and 217
Title XII. Final Provisions
 Article 254 Repeal of Titles in Book 1 of
the Civil Code
 Article 255 Separability clause
 Article 256 Retroactive effect
 Article 257 Effectivity of the Family Code

Prepared by: Cejay De Leon