Persons and Family Relations Reviewer - Sta. Maria

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

D. Sobrepea 1
ann
CIVIL CODE OF THE PHILIPPINES: Preliminary Title
Article Summary Summarized Annotation: Added Info:
Article 1: Civil Code of the
Philippines

Art. 2: Laws shall take effect 15
days following the completion
of their publication
- Civil code took effect on August 30, 1950
- EO 200 was issued by President Aquino on June 1987 which
provided that pursuant to the ruling in Taada v. Tuvera
publication need not be made in the Official Gazette,
considering its erratic release and limited readership.
- Newspapers for general circulation could better perform the
function of communicating the laws to the peoplemore
available, wider circulation, comes out regularly.
- If a statute does not provide for its effectivity, it will only take
effect 15days after the completion of its publication. (No one
shall be charged under the statute until the completion of the
publication.)
- Statutes may provide for another number of days for publication.
The statement unless otherwise provided refers only to the 15
days (which can be changed to a different number) and not the
requirement of publication. Publication is indispensable.
Covered Under this Rule:
- Presidential decrees and
executive orders by the
president in exercise of
his legislative powers.
- Administrative rules and
regulations if their
purpose is to enforce or
implement existing law
pursuant to a valid
delegation.
- City charter must be
published even if it is only
applicable to a portion of
national territory
* Interpretative regulation and
those internal in nature need not
be published.
Art. 3: Ignorance of the law
excuses no one
- It is the presumption that every person knows the law.
- 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.

Art. 4: Laws shall not be
retroactive unless provided
- 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

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

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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.
Art. 5: Acts committed against
mandatory and prohibitory laws
shall be void.
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)

Art. 6: Waiver of Rights - Rights may be waived unless it is contrary to law, public policy,
morals or good customs, or prejudicial to a third person with a
right recognized by law.
- The right must exist at the time of the waiver.
Requisites:
1. The person knows that a right exists
2. Has adequate knowledge upon which to make an intelligent
decision
3. Knowledge of the facts related to the right to be waived
4. Must be shown that the waiver is made knowingly and
intelligently
- Rights provided for in statutes can generally be waived unless the
object of the statute is to protect or promote public interest
Examples of what cannot be
waived:
1. Waiver against the right
to purchase land.
2. Waive an action against
future fraud
3. Waive right to receive
less than the
compensation a worker is
to receive under the law.
Art. 7: Repealed Laws - Laws are repealed only by subsequent ones
- Between a law and the Constitution, the latter prevails


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- 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 arts may be separated if they can stand
independently of one another.

Art. 8: J udicial decisions form
case laws
- Judicial decisions, applying and interpreting laws and the Constitution,
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
lawmaking body intended right
and justice to prevail
- The court must first apply the law, only when there is ambiguity
in its application should there be any kind of interpretation.
- The interpretation should be in line with the intent of the
legislature or the end sought to be attained.

Art. 11: Customs
Art. 12: Customs must be
proved accdg. to the rules of
evidence.
CUSTOM: a rule of conduct formed by repetition of acts, uniformly
observed as a social rule, which is legally binding and has obligatory
force.
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 sojourner are subject to all penal
laws and laws meant for public security and safety.
-
Exception:
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 will still be governed by Philippine laws when it comes to
family rights, duties, or to his or her legal status and legal
capacity,
Thus a Filipino cannot get a
divorce even if he or she goes
abroad, since divorce is not
recognized in the Philippines
Art. 16: Real & Personal - Real and Personal Property are subject to the law of the country

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Property 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.
Art. 17: Forms and Solemnities
of contracts/will, acts done
before consular officials,
prohibitive laws
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.

Art. 18: Deficiency in the Code
of Commerce and special laws
- 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.

HUMAN RELATIONS

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Art. 19: Abuse of right doctrine - Meant to be a law of justice and fairness especially in instances
wherein there is no specific law to prevent acts of abuse to another.
- It is a rule of conduct that is meant to create a harmonious and orderly
relation ship between people
*The three articles are
related to each other and
under these articles an act,
which causes injury to
another, may be made the
basis for an award for
damages.
Art. 20: willfully or negligently
causes damage to another
- Speaks of the general sanction for all other provisions of law, which do
not especially provide their own sanction.
- Designed to fill in the countless gaps in the statues, which leave many
victims without recourse.
Art. 21: Contrary to good
customs, morals, or public
policy
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 persons act
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 negligent
he is still liable for indemnity if
he was benefited.
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.

Art. 24: Protecting the rights of
the disadvantage
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.

Art. 25: Extravagance during
acute public want or
emergency
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.

Art. 26: Respect privacy of
others. Respect for human
dignity
- Meant to enforce the right of one to his privacy in ones own home, religious
freedom, prevent moral suffering, vexation, humiliation,

Art. 27: Public servant refuses
or neglects to do his duty
- One may file an action for damages against the officer who does not perform
his official duty without just cause.
*If the officer is no day off,
then one cannot file an

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without just cause - A public officer who commits a tort or other wrongful act is still liable to the
victim.
action against him.
Art. 28: Unfair competition - Necessary to promote a system of free enterprise and a fair chance for others
to engage in business and earn a living.

Art. 29: Civil action when guilt
is not proved beyond
reasonable doubt
- 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.

Art. 30: Civil obligation arising
from a criminal offense
- A civil obligation arising from a criminal offense only needs a preponderance
of evidence as the quantum of proof,

Art. 31: Civil obligation not
arising from the felony
- 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 drivers criminal negligence. The first is governed by the civil code and
the second is from the Revised Penal Code.

Art. 32: Civil action for
violation of constitutional
rights
- Necessary to have an absolute separate and independent civil action for the
violation of civil liberties for the effective maintenance of democracy.

Art. 33: Civil action for
violation of private rights
- Principle is to allow the citizen to enforce his rights regardless of State action
so that citizens will not depend upon the government for the vindication of their
own private rights.
- Includes fraud, defamation, physical injuries and are understood in their
ordinary sense.
*Criminal negligence
(reckless imprudence) is not
included in this article, thus
an independent action for
such cannot be made
independently from the
criminal prosecution.
Art. 34: Members of the Police
Force
- When there is danger to life or property, 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.


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Art 35: Reservation of civil
action
- When a person claiming to be injured by a criminal offense, charges another
but the judges fails to find any crime to have been committed or if the
prosecuting attorney refuses/fails to institute criminal proceedings

Art. 36: Prejudicial Questions - 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.

CIVIL PERSONALITY: GENERAL PROVISIONS
Art. 37: J uridical Capacity and
Capacity to Act.
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
1
.

Art. 38: Restrictions on the
capacity to act

Art. 39: Modification or limit
capacity to act

Restrictions on the capacity to act: Minority, insanity or imbecility, state of being
a deaf-mute, prodigality, and civil interdiction are mere restrictions on the
capacity to act. Do not exempt the person from certain obligations.
Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-
mute, penalty, prodigality, family relations, alienage, absence, insolvency, and
trusteeship.
* Both men and women are
qualified from all acts of civil
life when they reach the age
of majority (18 years old)
NATURAL PERSONS
Art. 40: Commencement of
Civil personality

Art. 41: conditions to
- Birth determines personality but the conceived child shall be considered
born for all purposes that are favorable to it. Provided that the
conceived child is later born with the conditions in Art. 41.
- The fetus is considered born if it is alive from the time it was completely
-For purposes of inheritance
and succession, a child
conceived at the time of
death of the decedent can s

1
An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
guardianship, right to manage his property and the right to dispose of such property by any act.

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determine when the child is
considered conceived.
delivered from the mothers 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.
Art. 42: Civil personality
extinguished at death
- 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.

Art. 43: Doubt between the
death of two or more persons
- 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 PERSONS
Art. 44: Who are juridical
persons

Art. 45: What governs juridical
persons

Art. 46: Rights and obligations
of juridical persons
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


D. Sobrepea 9
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.
Art. 47: Dissolution of
corporations
- Upon the dissolution of such entities mentioned above, their properties
and 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 of the
Philippines

Art. 49: Naturalization
and reacquisition of
loss citizenship

Art. 50: Domicile of
natural persons

Citizens of the Philippines:
1. Those who are citizens at the time of the adoption of the Philippine
Constitution.
2. Those born in the Philippines, before the adoption of the said constitution,
with foreign parents who have been elected to public office in the
Philippines.
3. Those whose Fathers are Filipino
4. Those whose mothers are Filipino and elect Philippine Citizenship when
they reach the age of majority.
5. Those who are naturalized
DOMICILE: Fixed permanent resident, a place wherein, although one may be
absent from, one still has the intention of returning and remaining for an unlimited
time. There is only one domicile.
- A minor follows the domicile of his parents
Change in Domicile:
1. An actual removal or an actual change or domicile
2. A bona fide intention of abandoning the former domicile and establishing a
new one.
3. Act, which correspond with the purpose (physical presence in the area,
move family in area, register as a voter in the area, etc.)
Jus Sanguinis: Refers to
citizenship by blood. This is the
concept followed in the
Philippines.
Jus Soli: Refers to citizenship
on the basis of the place of birth

Acquisition of Citizenship: for
a foreigner to be able to become
a Philippine citizen, a proper
petition shall be filed in the
proper court.

Ground for Reacquisition of
Citizenship:
1.By naturalization
2.Repatriation of deserters of the
Army, Navy or Air Corps.
(Woman who has lost her
citizenship by reason of marriage

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RESIDENCE: Indicates a place of abode whether permanent or temporary, not
necessarily the domicile. There may be more than one residence.
to an alien may be repatriated
after the termination of her
marital status)
3.By direct act of congress
Art. 51: Domicile of
juridical person
- When the law creates or recognizes a juridical person but doesnt fix the domicile
it shall be understood to be the place where it has legal representation


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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:
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 is one of the basic civil rights of man. The
freedom to marry has been recognized as a vital
personal right towards the pursuit of mans happiness.
-Still considered as a special civil contract regulated by
law due to the high state interest in protecting and
safeguarding the family.
-A contract to marry, unlike other contracts, cannot be
modified or changed. Once it is executed a relation is
formed between the parties that cannot be altered. The
law steps in to hold or bind the parties together.
-A subsequent marriage between the rapist and raped
victim extinguishes the criminal action or penalty of the
rapist. In case of marital rape
2

Marriage Status: Marriage creates a social status,
which the state is interested in protecting. It is a case
where a double status is created, involves and affects
two persons.

Marriage in International Law: men and women of full
age without any limitation due to race, nationality or
religion have the right to marry and found a family.
1. Universal Declaration of Human Rights
2. International Covenant on Economic, Social and
Cultural Rights
3. International Covenant on Civil and Political Rights.

*Marriage as a special
contract cannot be restricted
by discriminatory policies of
private individuals or
corporations.

MAIL-ORDER BRIDE:
considered as a criminal
offense because marriage is
vested with public interest.
(Connected with the Anti-
Trafficking Act)
Acts punished:
1. Carry on such a business
2. To advertise the promotion
of such acts.
3. Solicit or attract or any
Filipino woman to become a
member in a club that
matches women for marriage
to foreign nationals for a fee.
4. Use the postal service to
promote the prohibited acts.

VALIDITY OF MARRIAGE:
governed by the law effective
at the time of the celebration
of the marriage.

2
Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.

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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.
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, thus if one of the contracting parties is below 18
years of age, the marriage is void.
- They cannot be related to each other as
provided by Art. 37 and Art. 38 (incestuous
marriages and those against public policy).
- There should be no previous valid subsisting
marriage; otherwise the subsequent marriage
will be bigamous.
DIFFERENT SEX: There should be a male and a
female. Marriage is desirable due to the importance of
procreation which is one of the reasons why same sex
marriages are prohibited (due to the impossibility of
reproduction)

CONSENT:
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.
Sex change: has not been
shown that sex reassignment
surgery would allow one to
produce human beings.

Thoughts to ponder: Marriage
should no to be enjoyed only
by heterosexual couples. The
right to marry, found a family,
identity, personality are all
rights of human beings.

*Parties must be personally
present, proxy marriages is
prohibited in the Philippines.


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Art. 3: The formal requisites of marriage are:
1. Authority of the solemnizing officer
2. A valid marriage license except in the cases
provided for in Chapter 2 of this title
3. A marriage ceremony which takes place with
the appearance of the contracting parties
before the solemnizing officer and their
personal declaration that they take each other
as husband and wife in the presence of not
less than 2 witnesses of legal age.

Art. 4: The absence of any of the essential or formal
requisites shall render the marriage void ab initio,
except as stated in Article 35 (2) (when one of the
contracting parties believed in good faith that the
solemnizing officer had authority then the marriage is
valid)

A defect in any of the essential requisites shall render
the marriage voidable as provided in Article 45.

An irregularity in the formal requisites shall not affect
the validity of the marriage but the party or parties
responsible for the irregularity shall be civilly,
criminally and administratively liable.

Art. 5: Any male or female of the age of eighteen
years or upwards not under any of the impediments
mentioned in Articles 37 and 38 (incestuous marriages
and those against public policy.) may contract
marriage.

Art. 6: No prescribed form or religious rite for the
solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to
appear personally before the solemnizing officer and
declare in the presence of not less than two witnesses
AUTHORITY OF THE SOLEMIZING OFFICER:
- Those enumerated in Article 7, he must have
the authority. Thus a priest who has not
renewed his license to marry does not have the
authority and cannot be considered for
marriage.
- The Local Government Code (Jan. 1, 1992)
provides that a mayor of a city or municipality
may now solemnize marriages.

Chapter 2 Title 1 of Family Code: exempt from
license
1. Article 27: Both parties are in articulo mortis
marriage will be valid even if the ailing party
survives.
2. Article 28: Residence is in a remote place
In both cases the solemnizing officer must state
in an affidavit that the marriage was performed
as such and that he took necessary steps to
ascertain the ages and that there were no legal
impediments to the marriage.
3. Article 33: Marriages among Muslims or ethnic
cultural communities, as long as performed in
accordance with their customs, rites, practices.
4. Article 34: Cohabitation by the couple for 5
years
* Muslims are governed by Code of Muslim personal
laws of the Philippines and not the Family code but the
other ethnic groups must comply with the other
requisites as they are governed by the Family code.
5. Article 34: Cohabitation between man and
woman for at least 5 years with no legal
impediment at time of marriage.

VALID MARRIAGE LICENSE:
- Lasts for 120 days from the date of issue and effective
*Presumption leans towards
the legality of the marriage
thus the authority of the
officer is presumed absence
the showing any proof to the
contrary.

Merely Irregularities in
marriage license:
1. Marriage license was
made in a different
place other than their
residence.
2. Name stated therein
is different or
misspelled
3. Misrepresentation of
age (but has to be
emancipated18
years and above)
4. Non-disclosure of
prior marriage and
divorce
5. Falsely stated that he
or she had not been
previously married.
6. Falsely swore that he
or she is not under
guardianship.

* If the couple have a valid
marriage license but forgot to
bring it then marriage will be
valid (but if they dont have
one and procured one after
the marriage ceremony the
marriage will be void)

D. Sobrepea 14
of legal age that they take each other as husband and
wife. This declaration shall be contained in the
marriage certificate which hall be signed by the
contracting parties and their witnesses and attested by
the solemnizing officer.

In case of marriage in articulo mortis, when the party
is at the point of death is unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses
to the marriage to write the name of said party, which
fact shall be attested by the solemnizing officer.
within any part of the Philippines only.

MARRIAGE CEREMONY:
- Family code only recognizes ceremonial marriages but
there is no prescribed form of marriage ceremony.
- The minimum requirement is that the parties personally
appear before the solemnizing officer and declare that
they take each other in the presence of at least 2
witness of legal age.
* Declaration does not have to be vocally expressed
may be inferred by the words used, the manner the
ceremony was made, etc. If a wedding took place there
is a presumption that there was an exchange of vows.
* The absence of 2 witnesses of legal age is merely an
irregularity in the ceremony and does not affect the
validity of the marriage.

* Common law marriages,
which are non-ceremonial,
are not recognized in the
Philippines.

Art. 7: Marriage may be solemnized by:
1. Any incumbent member of the judiciary within
the courts 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
- There is a need to limit the persons who can
solemnize marriages since marriage is an
important institution the state wants to
safeguard and protect.
- Because the state is interested in marriage, it
becomes a party thereto by manifested in the
consent required and granted to limited number
of officers.
JUDGES: they can only solemnize marriages within
their jurisdiction and they must be incumbent.
Court of Tax Appeals, Sandiganbayan, Court of
Appeals, Supreme Court: National jurisdiction
Absence of jurisdiction would mean the absence
of the authority of the solemnizing officer and
thus the marriage will be null and void.
PRIEST/MINISTER OF A CHURCH OR RELIGIOUS
SECT: he should be authorized by the church to do so,
he must be registered with the civil registry, and at least
one of the contracting parties belongs to his or her
* Stopovers during a flight or
voyage are still considered
part of the journey.

*If the host country allows
marriages to be solemnized
by consuls then even if
between a Filipino and non-
Filipino, the marriage will still
be valid in accordance with
Art. 26, which recognizes
international comity.

GOOD FAITH OF PARTIES:
if the person who solemnized
the marriage did not legally
have the authority to
solemnize a marriage, if both

D. Sobrepea 15
the case provided in Article 10. church.
SHIP CAPTIAN/PILOT: one of the parties must be at the
point of death, the marriage must be between the
passengers or crewmembers, and the ship or plane
must be at sea or in flight.
An assistant pilot has no authority to solemnize
marriages even if the main pilot dies.
MILITARY COMMANDER: He or she should be a
military commander of a unit, he or she must be a
commissioned officer (his rank should start from second
lieutenant), a chaplain should have been assigned to the
unit and such chaplain is absent, the contracting parties
must also be in articulo mortis either members of the
military operation or civilians, must be within military
zone (there should be widespread military activity not
merely practice).
CONSUL-GENERAL, CONSUL, OR VICE CONSUL:
they can only solemnize marriages abroad when both
the contracting parties are Filipino.
* They also perform the duties of a local civil registrar
(like issuing the license etc.)
* No matter where they are the solemnities and
requirements mandated by Philippine Law shall be
observed.
MAYOR: Pursuant to the Local Government Code, the
mayor of a city or municipality can now solemnize
marriages.
* When the mayor cannot perform his duties, the acting
mayor has the authority to solemnize marriages.
or one of the contracting
parties believed that such a
person did have the authority
the marriage will be valid.
Ex. A priest did not renew his
license to marry therefore
does not have the authority to
marry. If one of the
contracting parties knew of
this but the other did not the
marriage is still valid.

HOWEVER, they must be one
of the people who can be
authorized if they are not the
marriage will be void
(ignorance of the law excuses
no one)
Ex. A couple goes to a janitor
to get married. Even if both
parties are in good faith in
thinking that a janitor can
solemnize a marriage they
should know who by law are
authorized to.
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
- 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)


D. Sobrepea 16
in which case the marriage may be solemnized at a
house or place designated by them in a sworn
statement to that effect.
3. When requested by both parties in writing.

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.
- 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.

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.
- 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.

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


D. Sobrepea 17
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.
Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth
certificates or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents
duly attested by the persons having custody of the originals. These certificates or certified copies of the
documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax. The
signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity.

If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either
because of 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 baptismal certificate has not yet been received though the same has been required of
the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish
in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil
registrar concerned or any public official authorized to administer oaths. Such instrument shall contain the sworn
declaration of two witnesses of lawful age, setting forth the full name, 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
- Emancipation is obtained at
18; marriage no longer
emancipates a child because
they must be 18 years of age
to marry.
- Contracting parties 18 years
old and above but BELOW 21
years of age must obtain the
consent of their father,
mother, surviving parent, or
guardian in the order
mentioned. (Non-compliance
makes the marriage
annullable)


D. Sobrepea 18
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.

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

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
- Absence of parental advice
does not affect the marriage.
- Only delays the issuance of
the marriage license for 3
months but after 3 months the
license must be issued.
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
- 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.

-

D. Sobrepea 19
publication.
Art. 18: In case of any impediment known to the local
civil registrar or brought to his attention, he shall note
down the particulars thereof and his findings thereon in
the application for marriage license, but shall
nonetheless issue said license after the completion of
the period of publication, unless ordered otherwise by a
competent court at his own instance or that of any
interest party. No filing fee shall be charged for the
petition nor a corresponding bond required for the
issuances of the order.

Art. 19. The local civil registrar shall require the
payment of 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.
- If an impediment is made known to the civil registrar
he shall merely note it down but he must nonetheless
issue the license. This is because the impediments
may not be valid at all.

- The purpose of which is to prevent graft and
corruption on the part of the civil registry.

- If the marriage license was issued despite court
intervention, the marriage will still be valid but the
parties responsible may be criminally or
administratively liable.
EXCEPTIONS:
1. The courts direct civil
registry to refuse
giving out the license
2. When the requited
certificate of legal
capacity of foreigners
is not given (Art. 21)

Art. 20: The license shall be valid in any part of the
Philippines for a period of one hundred twenty days
from the date of issue, and shall be deemed
automatically canceled at 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
- The marriage license is only valid within the
Philippines and not abroad.
- It is good for 120 days from the date of issue.

Art. 21: When either or both of the contracting parties
are citizens of a foreign country, it shall be necessary
for them before a marriage license can be obtained, to
submit a certificate of legal capacity to contract
marriage, issued by their respective diplomatic or
consular officials.

Stateless persons or refugees from other countries
- A certificate of legal capacity is meant to show
that a foreigner is capacitated to marry in his or
her country. The Philippines adheres to the
national law of the contracting parties with
respect to their legal 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
* The civil registry cannot
issue a license without the
certificate of legal capacity
however if the civil registry
does issue the marriage will
still be valid.

D. Sobrepea 20
shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances
showing such capacity to contract marriage.
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 state:
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence
3. The date and precise time of the celebration of the marriage
4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter
2 of this Title
5. That either or both of the contracting parties have secured the parental consent in appropriate cases
6. That either or both of the contracting parties have complied with the legal requirement regarding parental
advice in appropriate cases and
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof.

Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the
original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the
certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage
was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting
copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the
marriage certificate, the copy of the marriage certificate, the original of the marriage license and, in proper cases,
the affidavit of the contracting party regarding the solemnization of the marriage in place other than those
mentioned in Article 8.

*Presumption is always in the
validity of marriage.

Proofs of marriage:
1. Marriage contract or
certificate
2. Photocopies of the
certificate or contract
from the local civil
registry
3. Family bible
4. Baptismal, birth
certificates of kids
5. Judicial decisions
6. Testimonies of
parties, witness,
solemnizing officers
7. Cohabitation and
conduct
8. Statement in a will
* A certificate of marriage
made years after the marriage
is inadmissible as evidence.
Art. 24: It shall be the duty of the local civil registrar to
prepare the documents required by this Title, and to
administer oaths to all interested parties without any
charge in both cases. The documents and affidavits
- The local civil registrar is the government official
charged with the preparation and the keeping of all the
official documents.


D. Sobrepea 21
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
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there
as such, shall also be valid in this country, except those
prohibited under Articles 35 (1), (4), (5) and (6), 3637
and 38. (17a)

Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law.
- Art. 26 refers to formal requisites only, however
the marriage must still be solemnized.
- Marriages that are solemnized abroad and are
recognized as valid there will also be
recognized as valid here (international comity)
Ex. If in Vietnam a doctor is authorized to solemnize a
marriage and a Filipino couple gets married in Vietnam
by a doctor such marriage will be considered valid in
the Philippines.

PROOF OF FOREIGN MARRIAGE: necessary to
prove the foreign law and then prove the celebration of
marriage. If the law of the other state is not pleaded nor
proved the laws of the Philippines will be presumed to
be similar to that of foreign laws.

REMEMBER THE LAWS:
ART. 15: laws relating to family rights and duties, or to
the status, conditions and legal capacity of persons are
binding upon citizens of the Philippines even living
abroad.

ART. 17: prohibitive laws concerning persons, their
acts or property and those which have for their object
public order, public policy and good customs shall not
be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions
agreed upon in a foreign country
EXCEPTIONS to international
comity:
-Either or both contracting
parties are Filipinos and
below 18 years of age
-Polygamous and bigamous
marriages recognized abroad
will not be valid here.
-Marriage abroad where there
is mistake of identity of the
other contracting party is not
recognized here.
-Marriage by a Filipino to one
who is psychologically
incapacitated is not valid here
-Marriages that are
incestuous are not valid here
even if celebrated abroad and
valid there. (Art. 37)
-Marriages against public
policy are not valid here either
(Art. 38)
-Common law marriages are
not recognized here, the
marriage must still be
solemnized and not
contracted.
-Same sex marriages

D. Sobrepea 22

ABSOLUTE DIVORCE:
Absolute divorce is not recognized in the Philippines;
even if the couple was married abroad the divorce will
not be recognized here if one of them is a Filipino. The
divorce may be recognized in the foreign country where
it was obtained but not in the Philippines. But the
divorce of a foreign citizen abroad is recognized in the
Philippines as the Philippines recognizes legal capacity
of a foreign person.
*If a Filipino changes citizenship then he can get a
divorce and if he reacquires his Filipino citizenship
after that the divorce will still hold.
- If a Filipina marries a foreigner and the
foreigner obtains a divorce, the Filipina can
marry.
- If the Filipina obtains a divorce although not
recognized in the Philippines, it will be
recognized against the foreigner and thus the
foreigner will not have legal standing to sue for
adultery or claim for property after the divorce.

between Filipinos are not
valid even if done abroad.

* If a Filipino contracts a
foreign marriage which is null
and void under the laws of the
state where it has been
solemnized then such
marriage will likewise be null
and void in the Philippines.

*If a marriage celebrated
abroad is invalid in that
country but considered valid
in the Philippines, the
marriage will still be invalid.
The law where the marriage
has been solemnized shall
apply.
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.
- 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.

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.
- 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.

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
- The solemnizing officer here are those
authorized to solemnize under Article 7 and the
mayor provided that they solemnize the


D. Sobrepea 23
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.
marriage within their jurisdiction and within the
authority given to them.

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.
- A pilot or ship captain may solemnize only
marriages at the point of death while the plane
is in flight or the ship is at sea even during
stopovers (it is still considered part of the
flight/voyage).
- They can only solemnize marriages between
their passengers and crew members
* If something happens to the
main or principal pilot the
second in command cannot
solemnize marriages. (They
are not authorized to by law)
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 2
nd
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
- Marriages between parties that belong to
ethnic groups, pagans or Muslims are exempt


D. Sobrepea 24
validly without the necessity of marriage license,
provided they are solemnized in accordance with their
customs, rites or practices.
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 man and a woman who have lived together as
husband and wife for at least five years and without any
legal impediment to marry each other. The contracting
parties shall state the foregoing facts in an affidavit
before any person authorized by law to administer
oaths. The solemnizing officer shall also state under
oath that he ascertained the qualifications of the
contracting parties are found no legal impediment to
the marriage.
- Persons cohabiting for at least 5 years living
together as husband and wife are exempt from
obtaining a marriage license.
- At the time of marriage, they should be without
any legal impediment to marry each other.
Thus during the 5 year period, it is not
necessary that there is no legal impediment it
is only necessary at the time of marriage that
there is none.
- The parties shall state the fact of their
cohabitation and the absence of any legal
impediment to marry in an affidavit under oath.
*The solemnizing officer shall
also state under oath that he
ascertained the qualifications
of the parties and that he
found no legal impediment.
The fact that the officer to
investigate shall not invalidate
the marriage.

Matters that dont 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 35: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of
cohabitation.

MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the
beginning:
(1) Those contracted by any party below eighteen
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.

D. Sobrepea 25
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.

Void Marriage Voidable
Cant be a source of rights Can be source of rights
Cant 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

D. Sobrepea 26
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:
- That mentioned in Article 41 regarding appearance of a spouse after a
declaration of presumptive death.
- Those provided for under the Muslim code.
- When the first marriage was actually void with a judicial declaration of nullity.
Without judicial declaration of nullity then 2
nd
marriage will be void under Article
40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the
marriage. Here the contracting party absolutely did not intend to marry the other, as the
same is not the person he or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must
undertake the liquidation, partition and distribution of their properties, delivery of
presumptive legitimes, etc. to be able to remarry.
Art. 36: A marriage contracted by any party who, at
the time of the celebration, was psychologically
incapacitated to comply with the essential marital
obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its
solemnization.
Psychological incapacity to comply with the essential
marital obligation of marriage at the time of marriage,
even if it becomes manifest after the solemnization of
the marriage.
- Not defined and thus left on a court-to-court
basis. A person may actually be efficient in
doing other things such as his profession but
with regards to his married life it can be
different.
- Not just stubborn refusal but attributed to
psychological causes (not necessarily insane)
- Lacking in the exercise of the judgment not
lack of judgment
P.I. Insanity
Cannot be
cured
Can be
cured
No consent
present
since he
does not
know the
true meaning
of marriage
Consent can
be given
during lucid
interval

PROOF to show P.I.:
1. Observe of duties

D. Sobrepea 27
- True inability to commit oneself to the
essentials of marriage psychosexual
disorders or other personality disorders
- Inability to commit to the essentials of marriage
procreation, education of offspring,
community of life and love

Must be characterized by:
1. Gravity- grave or serious
2. Juridical antecedence rooted in history of the
party and may manifest after the marriage.
3. Incurability

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
3
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
(living together, etc.)
2. Procreation
3. Obligation of parents
to children.
4. Senseless and
protracted refusal to
have intercourse
5. Unreasonable
attachment to ones
other family or barkada
6. Transvestism
7. Indulgence of private
fantasy
8. Alcohol/substance
abuse
9. Extreme immaturity
Art. 37: Marriages between the following are Reasons to Condemn Incestuous Marriages: * The relationship being

3
Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the
domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other
conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of
both spouses.

D. Sobrepea 28
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.
1. Abhorrent to nature
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
legitimate or illegitimate is
immaterial
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
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

D. Sobrepea 29
can get married) 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.
Ex. A wanted to marry B. B was married to C. A kills C because C stole from A. Then A
later on marries B. Such a marriage is valid.
*No criminal conviction is necessary mere preponderance of evidence is required to
prove the killing.

Art. 39: The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe
- 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.

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.

- A judicial declaration of marriage is the only
acceptable proof so that a party can contract a
subsequent valid marriage. Without it the
subsequent marriage will be considered void.
- In connection with it, Articles 52 and 53 which
* The subsequent marriage is
not considered bigamous since
the first marriage is not valid.
In a bigamous marriage the
first subsisting marriage is

D. Sobrepea 30
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.
has to do with the liquidation, partition and
distribution of the properties without which the
marriage will likewise be void.
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.
valid.
Bigamy envisions 2 valid
marriages. If the first or the
second marriage is void then
there can be no bigamy.
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)

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
- Applies to Article 40, Article 41 and voidable
marriages.
STATUS OF CHILDREN: Children conceived during
the subsequent marriage contemplated in Art. 41 are
legitimate even if one of the contracting parties is in
bad faith.
EFFECT OF TERMINATION ON THE PROPERTY
REGIME: The property regime shall be dissolved and
*Donation made between
persons who are guilty of
adultery or concubinage at the
time of the donation is void.

D. Sobrepea 31
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.
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.
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.
- 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.

VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment
(exclusive).
Article Annotation Exception/ Filing:
Article 45: Must exist at the time of
marriage
- The parents of the child can annul the
marriage at any time prior to the time the child
Party to file suit: Parent or guardian before the
child reaches 21 and the party who did not

D. Sobrepea 32
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
reaches the age of 21.

Ratification: Through cohabitation after
reaching the age of 21 years old.
obtain consent within 5 years after reaching
21.
2. That either party was of unsound mind,
unless such party after coming to reason,
freely cohabited with the other as husband and
wife
- 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.

* 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.
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 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.
*No other misrepresentations will be
acceptable to constitute fraud to annul a
marriage.
PREVIOUS CONVICTION: No need for
investigation on the part of the party but there
must be a final judgment.
CONCEALMENT OF PREGNANCY:
Concealment must be done in bad faith. Thus,
if the woman truly 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.
CONCEALMENT OF STD: Nature or gravity is
Exception to 46(2): If the woman was
unchaste and the man knew of her unchaste
character.
Exception to 46(2): If woman did not inform
the man but pregnancy was apparent.

Party to file suit: Injured party within 5 years
after the discovery of fraud

D. Sobrepea 33
4. Concealment of drug addiction,
habitual alcoholism, or homosexuality
or lesbianism existing at the time of
the marriage.

irrelevant; the fact that it was concealed was
enough.
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

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;
- Violence here may be physical or moral.
- Intimidation is when there is a reasonable
and well-rounded fear of an imminent and
grave evil upon his person or property.

Ratification: Cohabitation after the cause of the
vitiated consent ceases.
Party to file the suit: Injured party within 5
years from the time the force, intimidation or
undue influence disappeared or ceased.
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.

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.

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


D. Sobrepea 34
6. That either party was afflicted with a
sexually-transmissible disease found to be
serious and appears to be incurable
No ratification by cohabitation
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 spouses and custody of the
children shall be governed by
whatever agreement the parties have
made. If none then they shall be
supported from the absolute
community of property or conjugal
partnership of gains.
- The court may however make the
necessary adjustments in case the
agreement is inadequate.
* In nullity cases, if the marriage is deemed to
be void then the one who got support should
return it with legal interest to the person who
furnished support since such person was not
entitled to the support there being no marriage.
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
Article 43: effects of termination of subsequent
marriage (liquidation, disposition, donation,
insurance, inheritance)
Article 44: Both spouses of the subsequent
marriage are in bad faith the marriage shall be
void
Article 40: Final judgment declaring a marriage
was 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
*The judgment and decree of nullity or
annulment will become final upon the
expiration of 15 days from the receipt of the
parties of the decision. (Thus any marriage
prior to the 15 days may be considered
bigamous since the marriage is still subsisting
at that time.)

D. Sobrepea 35
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.
shares property governed by co-ownership)
Art. 148 (properties acquired through joint
contributions only and divided in proportion to
their contributions)
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.
Presumptive Legitime: Part of the property of
the testator, which cannot be disposed of
because the law has reserved it for certain
compulsory heirs. 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 As properties. In this
case there is no death thus the legitime is
presumed (what As 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.
* The children or the guardian may seek the
enforcement for the delivery of the
presumptive legitime.
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
- 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
* 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)

D. Sobrepea 36
marriage under Article 53 shall likewise be
legitimate.
decree of nullity or liquidation or dissolution of
property.

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 respondents 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
severity but by the frequency. However if it is
not repeated or is not physical violence it may
be considered as grossly abusive conduct.

Grossly abusive conduct need not be repeated
but more of a serious act: rely on
proportionality and 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.
* Does not include a ground for legal
separation when the respondent-spouse
inflicts violence on his/her own child from a
previous marriage but may cause to suspend
or terminate parental authority.
Art. 231 (1): Parental authority can be
suspended when the parent treats the child
with excessive harshness or cruelty

2. Physical violence or moral pressure to
compel the petitioner to change religious or
political affiliation
- There should be unity in the family and thus
the couple should learn to live with each
others political ideas.
*Enforce human rights through acceptance of
the others right
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
- The children here may or may not be
emancipated.
- 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
* Other forms of corruption can fall under grave
abuse of conduct

D. Sobrepea 37
involved is that of the respondent from another
marriage.
4. Final judgment sentencing the respondent to
imprisonment of more than six years, even if
pardoned
- The crime need not be against the other
spouse. It can be against anyone.
- The fact that the crime had been pardoned
doesnt matter as long as there is a final
judgment.

5. Drug addiction or habitual alcoholism of the
respondent
- 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.

6. Lesbianism or homosexuality of respondent - Considered as a form of cruelty or mental
anguish
- Must engage in homosexual acts

7. Respondent contracts a subsequent
bigamous marriage
- Illegally contracting a marriage despite full
knowledge that the first marriage still validly
exists or without obtaining a judicial declaration
of presumptive death.

*Whether the marriage was done in the
Philippines or abroad is immaterial.
8. Sexual infidelity or perversion - Other acts of sexual infidelity short of
concubinage and adultery are enough as long
as they constitute a clear betrayal of trust.
- Sexual perversion can be done to ones own
wife.
Exception: If the wife condones sexual
perversion with her husband then it cannot be
a ground for legal separation.
9. Attempt by the respondent against the life of
the petitioner
- Must come from an evil design or unlawful
cause
- No nee for any criminal conviction,
preponderance of evidence is enough. (If there
is a criminal conviction, the other spouse can
be disinherited even if there is no legal
separation case filed)
Exception: when it is for self-defense (or
some other justifiable reason)
Exception: Spouse caught the other in
flagrante delicto
10. Abandonment of petitioner by respondent
without justifiable cause for more than one
year.
For purposes of this Article, the term "child"
shall include a child by nature or by adoption
Willfully left the dwelling without intention of
returning.
*There must be a wrongful intent to desert,
continued for the statutory period.
*If there is an unjustifiable for leaving then it is
not considered abandonment.
Article 56: Denial of legal separation if they fall on the following grounds

D. Sobrepea 38
1. Where the aggrieved party has condoned the offense or
act complained of
- May be expressed or implied forgiveness
- Not looking for an erring wife after she commits
an offense does not mean forgiveness.
Exception: if after the
condonation the guilty spouse
repeats the offense then can
still file for legal separation.
2. Where the aggrieved party has consented to the
commission of the offense or act complained of
Either spouse agreed or did not object to the
offense 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 3
rd
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 of legal separation
- In collusion the couple makes it appear that there
is a 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 years from the occurrence of the cause.
- From the time the act occurred not the discovery
of the cause of action.
Art. 57: An action for legal
separation shall be filed within
five years from the time of the
occurrence of the cause
Art. 58: An action for legal separation shall in no case be
tried before six months shall have elapsed since the filing of
the petition
- The defendant is required to answer the petition
15 days from the date of the receipt of the
complaint. However whether or not the defendant
files an answer or not there should be no hearing
on the merits by the court until after a 6-month
cooling-off period is terminated.
*Failure to observe the 6-
month cooling off period is a
ground to set aside a decision
granting legal separation.

*Other incidents may be
heard during the 6-month
period such as support and
custody.
Art. 59: No legal separation may be decreed unless the
Court has taken steps toward the reconciliation of the
spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable.
- The court must try to salvage the marriage by
taking steps towards reconciliation.
* However even if there is no
trial the couple may choose
not to live together. They
cannot be forced to live

D. Sobrepea 39
together.
Art. 60: No decree of legal separation shall be based upon
a stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney
or fiscal assigned to it to take steps to prevent collusion
between the parties and to take care that the evidence is
not fabricated or suppressed.
- If the defending party fails to answer he or
she cannot be defaulted and the court shall
order the prosecuting attorney to
investigate whether there is collusion or
not between the parties.
- Even if the party answers the fiscal is still
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 spouses shall be entitled to live separately from each
other
The court, in the absence of a written agreement between
the spouses, shall designate either of them or a third
person to 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.
- In the absence of a written agreement
between the spouses, the court shall
designate who shall administer the
properties (it can be a third person).

* Death of the plaintiff before
the final decree in an action
for legal separation
terminates the case.
Art. 62: During the pendency of the action for legal
separation, the provisions of Article 49 shall likewise apply
to the support of the spouses and the custody and support
of the common children.
Art. 49: During the pendency of the action and in
the absence of a written agreement, the court will
provide for the support and custody.

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.
- Though the spouses are entitled to live separately
the marriage bond shall not be severed. They are
still married to each other.
- The property shall be liquidated, the offending
spouse shall have no share or right to the profits
earned and shall be forfeited in favor of the
common children if none 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
* No children below 7 years
old shall be separated from
the mother unless the court
finds compelling reasons to
order otherwise (Tender
Years Doctrine)

D. Sobrepea 40
Moreover, provisions in favor of the offending spouse made
in the will of the innocent spouse shall be revoked by
operation of law.
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.
- 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.

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.
- If the case is still pending then it shall be
terminated, if the decree has been issued
then it shall be set aside.
- Separation of properties will still subsist,
but the parties can enter into an agreement
to revive the prior property regime.
* The creditors should be
informed of the changes with
regard to the property etc.
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
- 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 dont file


D. Sobrepea 41
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.
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 cant get from co-
owned properties.

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Art. 68: The husband and wife are obliged to
live together, observe mutual love, respect and
fidelity, and render mutual help and support.
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
* 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:

D. Sobrepea 42
into genital or anal orifice (rape can be
committed against a man)
4. Any person who inserts penis into oral or
anal orifice.
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.

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.
- 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 he 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


D. Sobrepea 43
administrator of property.
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.
- Based on presumption, despite
objection (before or after) it will still go
to family.
- VAWC: If husband prevents you from
doing a right then punishable by law.
- The objection must be all valid,
serious, and on moral grounds at the
same time.
- If it is an isolated activitycontract
without consent of other spouse, the
conjugal spouse cant be liable
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. Spouses 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.
Exceptions: For the separate properties to be
liable the other spouse must have no
knowledge of the immoral activity and
therefore could not give an objection even if
benefit accrues to the family.

Exception liability against separate property: If
the creditor did not know of the immoral activity
or thought it was to be used for a legitimate
business, creditor can collect from conjugal
properties.

PROPERTY RELATIONS
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.
Marriage Settlements: must be in writing
signed by the parties, and made prior to the
celebration of the marriage if it is not in writing
it shall be unenforceable.
- If there is no marriage settlement
agreed upon or if the same is void,
then the absolute community if
EFFECT OF NO MARRIAGE SETTLEMENT:
1. If the mortgage was registered then
the new spouses property will also be
liable.
2. If the mortgage was not registered the
new spouse will not be liable but the
mortgage will be impaired and the

D. Sobrepea 44
property will prevail.
EFFECT OF MARRIAGE SETTLEMENT:
1. Property in marriage settlement is
registered did not redound to family,
creditor cant get from co-owned
2. If marriage settlement is not
registered, can get from co-owned
3. If redounded to benefit of family can
get 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.
debtor spouse will loose the right to
make use of the period.
Must give new securities so as
not to loose the period.

* If the marriage settlement does not
particularize any valid property regime such
provision is void and thus the absolute
community of property shall prevail.
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.
- If a marriage settlement is absent or property
regime agreed upon is void, Absolute
community of property will govern.

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

D. Sobrepea 45
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 marriage settlement, the
property relations of the spouses shall be
governed by Philippine laws, regardless of the
place of the celebration of the marriage and
their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of
contracts affecting property not situated in the
Philippines and executed in the country where
the property is located; and
3.With respect to the extrinsic validity of
contracts entered into in the Philippines but
affecting property situated in a foreign country
whose laws require different formalities for its
extrinsic validity.
Extrinsic validity: The form of the contract has
to follow whatever is the law in the country for
changes to be made (change title etc.)

Art. 81: Everything stipulated in the - The reason for the marriage settlement is the * Donations in marriage settlements are

D. Sobrepea 46
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.
marriage itself thus if it does not take place the
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.
revoked by operation of law.
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 civil interdiction is given
Exception: unless a guardian appointed made
by a competent court is made party thereto
Article 81 Those stipulated in marriage settlement or
contracts made in consideration of marriage
(donations) will be void if marriage does not
take place
Exception: stipulations that dont depend on
the celebration of the marriage shall remain
valid.
Effects on creditors
Marriage settlements - Only needs to be registered in order to bind third
parties. If registered third parties cannot go after conjugal
property
Exception to third party rule: If indebtedness
benefited 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
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
DONATIONS PROPTER NUPTIAS:
1. Donations are to be made prior to the celebration of
marriage
2. Must be made in favor of 1 or both of the spouses.
Can be made by a third party in the settlement.
Donation between spouses:
Procedure--Movable:
1. Accepted personally or
representative
2. Made in lifetime of donor and
donee
3. Can be orally given as long as

D. Sobrepea 47
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.
1. A valid marriage settlement must stipulate
another regime than Absolute Community of
Property (ACP)
2. Donation cannot be more than 1/5 of the
present property of the donee spouse.
3. Must be accepted and comply with other.
Exception: 1/5 rule will not apply if donation is in a
separate deed, provided he has enough to support
himself and those relying on him.
with simultaneous delivery or
document representing right of
donated (if above 5000 then must
be in writing)

Procedure--Immovable:
1.must be in public document
2. Acceptance made in that
document or separate
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.
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.
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 donees rights is 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.


D. Sobrepea 48
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 doesnt 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
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 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 has been complied with
Prescription:
5 years from the happening of the resolutory condition.
Exception: between husband and
wife prescription does not run.
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

Art. 87: Every donation or grant of gratuitous
advantage, direct or indirect, between the
spouses during the marriage shall be void,
except moderate gifts which the spouses may
give each other on the occasion of any family
rejoicing. The prohibition shall also apply to
- What constitutes a moderate gift depends on
the financial capacity of the donor.
- Under the last sentence of Art. 87it must be
shown that the donation was made at a time
when they were still living together as husband
and wife without the benefit of marriage.
Void Donations: (considered
indirect donations to the spouse)
1. To a stepchild who has no
compulsory or legal heirs
2. To a common child who has
o compulsory or legal heirs

D. Sobrepea 49
persons living together as husband and wife
without a valid marriage.
- Validity of donation or transfer cannot be
challenged by anyone unless those that will be
affected by the donation.
RESERVA TRONCAL: the ascendant who inherits from
his descendant any property which the later may have
acquired by gratuitous title from another ascendant or
sibling is obliged to reserve such property for the benefit
of relatives within the 3
rd
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.

3. To the parents of the other
spouse
4. To the other souses
adopted child
5. To common adopted child
who has no other
compulsory and or legal
heirs.

Property Regime What included What excluded Notes Charges Liquidation process
Absolute
community of
property
Art. 88: The
absolute
community of
property between
spouses shall
commence at the
precise moment
that the marriage is
celebrated. Any
stipulation, express
or implied, for the
commencement of
the community
regime at any other
time shall be void
All properties
owned before and
after.

Art. 91: Unless
otherwise provided
in this Chapter or in
the marriage
settlements, the
community property
shall consist of all
the property owned
by the spouses at
the time of the
celebration of the
marriage or
acquired thereafter.

Article 92:
1.provided in marriage
settlement
2. Personal and exclusive
use of either spouse
(except jewelry)
- However if exclusive
property is used to
purchase something else
such property becomes
part of ACP
1.Property acquired by
gratuitous title including
the fruits and income
UNLESS the guarantor
expressly said they will
form part of ACP
- Must be a valid donation
Art. 89: No waiver of rights,
shares and effects of the
absolute community of
property during the
marriage can be made
except in case of judicial
separation of property.

When the waiver takes
place upon a judicial
separation of property, or
after the marriage has been
dissolved or annulled, the
same shall appear in a
public instrument and shall
be recorded as provided in
Article 77. The creditors of
the spouse who made such
Article 94:
1. Support (spouses,
common & legitimate
children)
- Even beyond age of
majority
2. Debts & obligations
made by both,
administrator, or with
consent of other spouse
(even if did not redound)
3. D & O without consent
but redounded.
4. Expenses for
community property
(taxes, liens, charges)
5. Taxes & expenses for
preservation during
Termination:
Art. 97: Either
spouse may dispose
by will of his or her
interest in the
community property.

Art. 98: Neither
spouse may donate
any community
property without the
consent of the other.
However, either
spouse may, without
the consent of the
other, make
moderate donations
from the community

D. Sobrepea 50

(Default regime if
nothing stipulate
exception:
subsequent
marriage after
death will
automatically be
CSP if there was
no proper
liquidation of the
properties of the
previous marriage)

Art. 90: The
provisions on co-
ownership shall
apply to the
absolute
community of
property between
the spouses in all
matters not
provided for in this
Chapter.

Art. 93: Property
acquired during the
marriage is
presumed to
belong to the
community, unless
it is proved that it is
one of those
excluded
therefrom.

(cant be donation made
by one spouse to
another)
2.Property acquired by
either spouse who has
legitimate descendants
and the fruits of that
property
*Winnings from gambling
(losses borne by looser)

waiver may petition the
court to rescind the waiver
to the extent of the amount
sufficient to cover the
amount of their credits.
* No waiver of rights,
interests, shares, and
effects without judicial
separation or dissolution or
annulment of marriage
shall appear in a public
instrument (creditors may
rescind waiver up to extent
of the debt)

Art. 96: The administration
and enjoyment of the
community property shall
belong to both spouses
jointly. In case of
disagreement, the
husband's decision shall
prevail, subject to recourse
to the court by the wife for
proper remedy, which must
be availed of within five
years from the date of the
contract implementing such
decision.
In the event that one
spouse is incapacitated or
otherwise unable to
participate in the
administration of the
common properties, the
other spouse may assume
sole powers of
marriage of separate
property used by family
6. Expenses for self-
improvement or
profession.
7. Antenuptial debts
redounding to family
8. Donation made by both
spouses for children to
pursue vocation or self-
improvement
9. For illegitimate children,
fines for crimes/quasi
delict in case of
insufficiency. (Advances)
10. Expenses for litigation
* Solidary liability does not
include ante-nuptial debts
not redounding, support of
illegitimate, liabilities thru
crime/delict.

Art. 95: Whatever may be
lost during the marriage in
any game of chance,
betting, sweepstakes, or
any other kind of
gambling, whether
permitted or prohibited by
law, shall be borne by the
loser and shall not be
charged to the community
but any winnings
therefrom shall form part
of the community property.

property for charity or
on occasions of
family rejoicing or
family distress
Article 99:
1. Death
- Same proceeding
as settlement of
estate.
Spouse shall
liquidate property if
no judicial settlement
proceeding within 1
year. After 1 year
cannot may
encumbrance on
property.
2. Legal separation
4. Annulled or void
(governed by art. 147
& 148 except if void
under Article 40)
5. Judicial separation
of property
6. Reappearance of a
spouse presumed
dead.
Procedure:
Article 102:
1. Inventory
(separate and
community)
2. D&O of ACP shall
be paid out, in case
of insufficiency
solidarily liable with
separate property.

D. Sobrepea 51
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.
* Spouses administer and
enjoy property jointly.
Husband decision prevails
subject to recourse of wife
within 5 years from date of
contract implementing
decision. BUT if wife ratifies
contract express or implied
cant annul anymore.
- If disposition is made
without knowledge or
consent of other person no
prescription.
3. Exclusive prop
delivered.
4. Net remainder of
ACP divided equally
unless different
proportion in
settlement or waiver.
5. Delivery of
presumptive
legitimates
6. Conjugal dwelling
with spouse with
most children

ACP SEPARATION IN FACT:
Art. 100: The separation in fact between
- Abandonment is different from separation in fact.
Abandonment has to do with total abdication of all marital


D. Sobrepea 52
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.
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.
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.

The obligations to the family mentioned in the
preceding paragraph refer to marital, parental or
property relations.

A spouse is deemed to have abandoned the
other when her or she has left the conjugal
dwelling without intention of returning. The
spouse who has left the conjugal dwelling for a
period of three months or has failed within the
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.


D. Sobrepea 53
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.
Conjugal
Partnership of
Gains:
Art. 105: In case
the future spouses
agree in the
marriage
settlements that the
regime of conjugal
partnership gains
shall govern their
property relations
during marriage,
the provisions in
this Chapter shall
be of
supplementary
application.

The provisions of
this Chapter shall
also apply to
conjugal
partnerships of
gains already
established
between spouses
before the
effectivity of this
Code, without
prejudice to vested
rights already
acquired in
Article 106:
- Proceeds, products,
fruits and income
from their separate
properties
- Those acquired by
their efforts or chance
- Income and fruits by
gratuitous title (diff
from ACP)
- Annuity: retirement
on an annuity
(received as a matter
of right)
-Pension: serious
previously rendered
for which full and
adequate
compensation was
not received at the
time.
Article 117:
1. Acquired by
onerous title using
common funds.
2. Obtained by labor
or industry or work
3. Fruits, natural,
industrial, or civil due
received during
marriage from
common prop
- Net fruits of
Article 109:
1. Brought into the
marriage as his or her
own
2. Acquired by
gratuitous title
- By way of
succession
- Honorarium (given in
appreciation for
services rendered)
3. Acquired by right of
redemption, barter,
exchange
- Even if money used
to redeem is conjugal
(reimbursement)
4. Bought with
exclusive money of
either spouse.
*Onerous donations
*Designated share in
donation
*Gratuity (amount
given by gobs for
previous work)

Art. 110: The spouses
retain the ownership,
possession,
administration and
enjoyment of their
exclusive properties.
Art. 107: The rules
provided in Articles 88 and
89 shall also apply to
conjugal partnership of
gains.

Art. 108: The conjugal
partnership shall be
governed by the rules on
the contract of partnership
in all that is not in conflict
with what is expressly
determined in this Chapter
or by the spouses in their
marriage settlements.

Prohibition on waiver.
*Properties brought into
the marriage by the
contracting parties belong
to each of them
exclusively.
- Either spouse can
transfer admin of prop to
other spouse thru public
instrument.
Art. 118: Property bought
on installments paid partly
from exclusive funds of
either or both spouses and
partly from conjugal funds
belongs to the buyer or
buyers if full ownership
Article 121:
1.support of spouse
common and legitimate
children
2.D&O by admin, both or
either spouse with consent
of other.
3.D&O without consent of
other but redounding.
4.expenses for conjugal prop
(taxes, liens)
5.taxes and expenses for
preservation of separate
property (no need for use)
6.expenses for spouse for
profession or self-
improvement.
7.Antenuptial debts
redounding to family.
8.donation of both for
children for profession or
self-improvement.
9.expenses of litigation
between spouses
Not to be paid by cpg:
Article 122:
-Payment of personal debts
contracted by the husband
or wife before or during the
marriage unless they
redounded to the benefit of
the family.
However, fines and
Termination:
Article 126:
1.Death
2.Legal Separation
3. Annulled or
declared void.
4.Judicial Separation

Article 127 and 128:
-Provisions on
separation in fact and
abandonment has the
same application as
in ACP article 100
and 101.
Procedure:
Article 129:
1.Inventory of
separate and
conjugal prop
2.Payment of
advances
3.Reimbursement to
the spouses.
4.D&O paid out by
CPG, insufficiency
solidarily liable.
5.exclusive prop
delivered
6.loss or deterioration
of movables paid
from CPG
7.Net remainder to be

D. Sobrepea 54
accordance with
the Civil Code or
other laws, as
provided in Article
256.

Presumption is that
all property
acquired during
marriage even if in
the name of one
spouse is conjugal
unless otherwise
provided.
exclusive property
BUT personal
damages are not
conjugal.
4. Share in hidden
treasure
5. Fishing and
hunting
6. Excess livestock
(those brought in to
the marriage by one
will reimbursed
7. Acquired by
chance

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.

was vested before the
marriage and to the
conjugal partnership if
such ownership was
vested during the
marriage. In either case,
any amount advanced by
the partnership or by either
or both spouses shall be
reimbursed by the owner
or owners upon liquidation
of the partnership.

Property bought before
but title registered after
marriage: still considered
exclusive property even if
spouse is made co-owner
in title (considered a trust)
Separate property plus
conjugal funds to buy a
new property: new
property will be considered
conjugal.
Property bought on
installment partly from
exclusive and partly
from conjugal: when title
was vested will govern,
then reimburse (Art. 119)
Principal payments and
interest paid to a spouse
during marriage: principal
amt is exclusive while
interest is conjugal.
indemnities imposed support
of illegitimate children can
be paid by the assets
AFTER the payment of
obligations provided in Art.
121. But at the time of
liquidation the spouse who
used such funds will be
charged.
If charges are paid, and no
property or insufficient
CPG pays:
-Fines, debts before the
marriage
-Support of illegitimate
*Subject to reimbursement
(ACP no need to pay out all
charges first)

Article 120
1.If improvement made by
cp is more than value of the
property, entire property will
be conjugal reimburse
spouse.
2. If amount is not more than
it will still be separate
property subject to
reimbursement to CPG.
(Ownership will vest upon
reimbursement)

Art. 123: Whatever may be
lost during the marriage in
any game of chance or in
betting, sweepstakes, or any
other kind of gambling
divided (unless MS
or waiver)
8.Delivery of
presumptive legitimes
9.Conjugal dwelling

Article 130: in case of
death the liquidation
proceeding will be in
the same proceeding
as the settlement of
the estate of the
deceased. (Same
application as in ACP
article 103)

Art. 133: From the
common mass of
property support shall
be given to the
surviving spouse and
to the children during
the liquidation of the
inventoried property
and until what
belongs to them is
delivered; but from
this shall be deducted
that amount received
for support which
exceeds the fruits or
rents pertaining to
them.

D. Sobrepea 55
whether permitted or
prohibited by law, shall be
borne by the loser and shall
not be charged to the
conjugal partnership but any
winnings therefrom shall
form part of the conjugal
partnership property.
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.
- 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.

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.
- 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.

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.
- 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


D. Sobrepea 56

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.
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 or in equal shares is does not make
it divided).
CPG Art. 124: The administration and enjoyment of
the conjugal partnership shall belong to both
spouses jointly. In case of disagreement, the
husband's decision shall prevail, subject to
recourse to the court by the wife for proper
remedy, which must be availed of within five
years from the date of the contract
implementing such 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)
- Any alienation made by either spouse without the
consent of the other is invalid.
- In case the husband disposes of property over
the objection of the wife, the wife may file a case
to annul the entire contract or part of it.


D. Sobrepea 57

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.
Separation of
property
Art. 134: In the
absence of an
express declaration
in the marriage
settlements, the
separation of
property between
spouses during the
marriage shall not
take place except
by judicial order.
Such judicial
separation of
property may either
be voluntary or for
sufficient cause.

(Can be stipulated
in MS which shall
govern and FC will
only be
supplementary in
nature, in the
absence therein it
cannot take place
during the marriage
except by judicial
- They own everything separately but still liable
for family expenses in proportion to their income
or in default thereof in proportion to separate
prop. But liability to their creditor is still solidary.
Article 135: Sufficient cause for judicial
separation of property:
1. Civil interdiction
2. Absentee spouse
-2 years from last news about absentee, or 5
years if an administrator has been left.
3. Loss of parental authority decreed by
court (termination or deprivation not
mere suspension)
-Over legitimate or illegitimate child whether of
previous or present marriage
4. Abandonment or failure to comply with
his or her obligations
5. Abused power of administration
6. Separation in fact for at least 1 yr

Art. 137: Once the separation of property has
been decreed, the absolute community or the
conjugal partnership of gains shall be liquidated
in conformity with this Code.
During the pendency of the proceedings for
separation of property, the absolute community
or the conjugal partnership shall pay for the
support of the spouses and their children.
Art. 138: After dissolution of the absolute
Article 136: Voluntary Separation
-Spouses may agree on the separation of their properties
with court approval, no reason needed. (But if reason is
stated and it is against public policy the court will reject it)
-Division of property must be equal unless there is a
different proportion agreed in MS or waiver.
-Takes effect after judicial order of decree (not signing of
agreement)
-Creditors will be listed in petition and notified)
-In process delivery of presumptive legitimes is not
necessary.

*Art. 142: Admin of exclusive prop of either spouse may
be transferred by court to other spouse or if not qualified
to another person when:
1.spouse becomes the guardian
2.the other is judicially declared an absentee
3.civil interdiction
4.fugitive from justice, hiding as an accused
Art 143: If the couple wants a regime of separation of
property they have to enter into a valid marriage
settlement prior to the marriage stipulating such regime.

Art. 145: Administration is left with each spouse with
regard to his/her own property without the need for the
consent of the other. Earnings of each shall also belong
to each spouse.

Art. 146: Both spouses shall bear the family expenses in
Revival:
Article 141:
1.termination of civil
interdiction
2.Absentee
reappears
3.court satisfied that
administration will not
be again abused
4.Resumption of
common life with
other spouse
5.parental authority
restored
6.reconciliation of
those separated in
fact
7.For those who
voluntarily separated
property, agree to
revive former
property regime (but
after that cant
separate property
anymore)
- Art. 67 revival:
Agreement under
oath will state:
1.properties to be

D. Sobrepea 58
order)
-May refer to
present or future
property or both
-May be partial or
total
-Those not agreed
as separate will be
ACP
community or of the conjugal partnership, the
provisions on complete separation of property
shall apply.
Art. 144: Separation of property may refer to
present or future property or both. It may be
total or partial. In the latter case, the property
not agreed upon as separate shall pertain to the
absolute community.
proportion to their income or their separate property.
Liability of spouses to creditors to family expenses are
solidary (they are both liable to the creditor for the whole
amount if the creditor seeks it from one of them. Such
spouse is entitled to reimbursement from the other
spouse).
* Even if there is an agreement on proportion of sharing
etc, it wont affect the creditors.

contributed
2.those to be retained
as separate
3.names of known
creditors
Marriage without
unions (governs
void marriages)
Art. 147: When a man and a woman who are
capacitated to marry each other, live exclusively
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
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.
-Cant 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
cant waive any interest in co-ownership


D. Sobrepea 59
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.

-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.
Marriage without
unions (governs
void marriages)
Art. 148: In cases of cohabitation not falling
under the preceding Article, only the properties
acquired 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
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 the 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
persons 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


D. Sobrepea 60
good faith and their shares shall go to them.

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.

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 t law and no custom
or practice destructive of the family will be
recognized.

Art. 150: Family relations include those:
1. Between husband and wife;
2. Between parents and children;
3. Among brothers and sisters, whether of the full or
half-blood.
Art. 151: No suit between members of the same family
shall prosper unless it should appear from the verified
complaint or petition that earnest efforts toward a
compromise have been made, but that the same have
failed. If it is shown that no such efforts were in fact
made, the same case must be dismissed.
This rules shall not apply to cases which may not be the
subject of compromise under the Civil Code
- Any person not included in the enumeration cannot
be considered as within the term family relations.
- Before a suit can be filed by people belonging to
the same family as provided in Art. 150, earnest
efforts must be made to settle the case amicably.
*Earnest effort s meant for civil actions only.

The following are excused from criminal liability (only civil
liability incurred) for theft, swindling or malicious mischief:
1. Spouses, ascendants, and descendents or
relatives by affinity in the same line.
2. The widowed spouse with respect to the property
of the deceased BEFORE someone else possess
it.
3. Brothers and sisters and brothers-in-law and
sisters-in-law if they are living together.
Exemption is not applicable to strangers
participating therein.
Prescription does not run between husband and wife,
parents and children during the latters minority or insanity,
and between guardian and ward during the guardianship.
Exception to earnest
efforts:
- Earnest effort is not
required if included in
the suit between family
members is a stranger
not of the same family.
- Does not apply to
cases, which may not be
compromised.
- Does not apply to
settlement of estate
guardianship, custody of
children, and habeas
corpus

D. Sobrepea 61
THE FAMILY HOME
Art. 152: The family home, constituted jointly by the
husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their family
reside, and the land on which it is situated.

Art. 153: The family home is deemed constituted on a
house and lot from the time it is occupied as a family
residence. From the time of its constitution and so long
as any of its beneficiaries actually resides therein, the
family home continues to be such and is exempt from
execution, forced sale or attachment except as
hereinafter provided and to the extent of the value
allowed by law.
- Home is deemed constituted form the time it is
actually resided upon and occupied by the family.
No need for judicial or extrajudicial requirement,
deemed constituted by operation of law.
- There must be the element of permanence (thus a
boat on water cannot be considered a family home)
- Must be constituted by both husband and wife
jointly, the unmarried head of the family, or the
occupancy of beneficiaries in a home can be
constituted as a family home.
- The family home is exempt from execution, forced
sale or attachment as provided by law
* Exemption from
execution is not absolute
as it is subject to certain
limitation such as
indebtedness in certain
instances (to be
discussed in the next
articles)
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, forced sale or attachment except:
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.
- The whole value of the family home may be used
to pay obligations under Art. 155.

Art. 156: The family home must be part of the properties
of the absolute community or the conjugal partnership,
or of the exclusive properties of either spouse with the
latter's consent. It may also be constituted by an
unmarried head of a family on his or her own property.
- The family home must be constituted at a place
where there is a fixed and permanent connection
with the persons constituting it.
Not considered:
1. Boat or vessel


D. Sobrepea 62
Nevertheless, property that is the subject of a
conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of
the purchase price may be constituted as a family home.
2. Apartment or house being rented
3. House on anothers property
Considered: Property where ownership is reserved to
the one making the family home.
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.
- 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.

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
Written consent needed for the disposition of the family
home:
1. Persons constituting the family home
2. Latters spouse
3. Majority of beneficiaries of legal age

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.
- 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.

Art. 160: When a creditor whose claims is not among
those mentioned in Article 155 obtains a judgment in his
favor, and he has reasonable grounds to believe that the
family home is actually worth more than the maximum
amount fixed in Article 157, he may apply to the court
which rendered the judgment for an order directing the
- Bidders cannot bid below the amount of 300,000
- If the house is sold, 300,000 is given to the owner
of the house and the balance to the creditor to
satisfy his debt. This happens even if the debt is
not fully satisfied. (Idea is to give 300,000 so that
the debtor can buy a house) This however does


D. Sobrepea 63
sale of the property under execution. The court shall so
order if it finds that the actual value of the family home
exceeds the maximum amount allowed by law as of the
time of its constitution. If the increased actual 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.
not apply when if the creditor is one of those
mentioned in Article 155 (the debt must be satisfied
even if nothing is left with the owner).
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.

LEGITIMATE ILLEGITIMATE NOTES
Children conceived or born during the
marriage
Children born or conceived outside a valid
marriage or in a void marriage unless
otherwise provided

Children as a result of artificial insemination
are legitimate provided that both authorized or
ratified the insemination in a written instrument
signed by both of them before the birth of the
child (registered with the birth certificate). I
If the requisites are not followed and the father
does not impugn the legitimacy of the child, the
child shall still be considered legitimate.
If husband is able to impugn legitimacy
with regards to him child will simply not be
related, but in relation to the mom the child
will be considered illegitimate

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


D. Sobrepea 64
illegitimate.
Art. 164: Children conceived or born during the
marriage of the parents are legitimate.
Children conceived as a result of artificial
insemination of the wife with the sperm of the
husband or that of a donor or both are likewise
legitimate children of the husband and his wife,
provided, that both of them authorized or ratified
such insemination in a written instrument executed
and signed by them before the birth of the child. The
instrument shall be recorded in the civil registry
together with the birth certificate of the child.

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.
ARTIFICIAL INSEMINATION: wife is artificially
impregnated with 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.

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
Grounds to impugn legitimacy of the child:
1. Physically impossible for husband to have sexual
intercourse with wife within the first 120 days of the
300 days immediately preceding the birth of child
due to:
a. Physical incapacity
b. Living separately: must be living in such a
way that sexual intercourse is impossible.
(Mere remoteness is not sufficient)
c. Serious illness
- When a child is born inside a marriage, sexual intercourse
is presumed to have occurred between the husband and
wife within the first 120 days of the 300-day period before
the birth of the child. (Longest gestation period)
2. Biological or scientific reasons the child could not
have been that of the husband (except for artificial
insemination)if for biological reasons offspring
could not have been that of the husband like if the
child was a different race from the fathers.
- Vasectomy is not enough proof because there are times
Art. 167: The child shall be
considered legitimate
although the mother may
have declared against its
legitimacy or may have been
sentenced as an adulteress.

*Even if wife impugns
legitimacy, child is still
legitimate, only husband and
in proper cases the heirs can
impugn the legitimacy.
Unless: she did not deliver
the child herself, or did not
come from her own womb.


D. Sobrepea 65
mistake, fraud, violence, intimidation, or undue
influence.
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.

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.
* 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.

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.
- 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.

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
Prescription for impugning the legitimacy of the child
1. Within one year from the knowledge of the birth or
its recording if husband resides in city where birth
took place or recorded.
2. Within 2 years, if the husband lives elsewhere in
*It is from the knowledge of
the childs birth not the
knowledge that it is not his
child.


D. Sobrepea 66
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.
the Philippines.
3. Within 3 years, if he lives abroad
4. If the birth of the child has been concealed,
prescription will begin from the discovery or
knowledge of birth of child or the fact of registration
of the birth (whichever is earlier).

*Even if the birth was
concealed, if it was
registered and the father did
not impugn the childs
legitimacy during the period
provided then the child is
legitimate. (Cannot impugn
since registry is earlier)
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 died 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.
- 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.

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.
- The record of birth appearing in the civil registry should
have the husbands signature and such birth certificate
signed by the parents is adequate proof of paternity without
need for further court action.
- Admission in public or private handwritten document is a
complete act of recognition without need for court action
A mere instrument not in the handwriting o
the parent or not a public instrument will not
qualify.
- 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

Proofs from rules of the court
or special law:
1. Baptismal certificate
2. Judicial admission
3. Family bible
4. Common reputation
5. Admission by silence
6. Testimony of witness

Art. 173: The action to claim legitimacy may be Action to claim legitimacy by the child Article 175: Illegitimate

D. Sobrepea 67
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.
May be brought by the child during his or her lifetime and
may be transmitted to heirs if the child dies during minority
or in a state of insanity or after it has already been
instituted by the child and child dies.
Heirs have five years to institute action
child
-Same as legitimate children
except when proof is through
open and continuous
relationship or other rules of
court in which 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
Article 176: Rights of an illegitimate child
1. Bear the surname of the mother
Even if paternity is certain, mother
surnames unless father admits that is
his child and lives with them then
surname of father can be used.
2. Be under the parental authority of the
mother, entitled to support from her
Even if paternity is certain, if father is
not living with them he cannot have
parental authority.
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 of the legitime of a
legitimate child
4. Can get support only up to the
Article 174: Legitimate children shall have the right:
1. To bear the surnames of the father and the mother, in
conformity with the provisions of the Civil Code on
Surnames;
2. To receive support from their parents, their ascendants,
and in proper cases, their brothers and sisters, in
conformity with the provisions of this Code on Support; and
3. To be entitled to the legitimate and other successional
rights granted to them by the Civil Code.

- A legitimate child has his or her whole lifetime to file an
action to claim his or her legitimacy.


D. Sobrepea 68
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)
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.
Legitimated Children (legitimate by operation of law)
Requirements:
1. Children conceived and born outside wedlock
2. Of parents who had no legal impediments to marry
at that time the child was conceived and
3. They get married later on. (The fact that it is a
voidable marriage will not affect the legitimation,
but if it is a void marriage then illegitimate)
IF the child dies before the celebration of the
marriage, it will still benefit their descendants.
Only by those who are prejudiced in their rights
within 5 years from the time their cause of action
accrues. (Refers basically to inheritance rights but if
the creditors are really prejudiced they must show
how legitimation affected suchvested 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.
*Shall enjoy same rights as
legitimate children, shall
retroact to their birth.
*No need for the
acknowledgment of the father
unlike the civil code.
*Legitimation will not affect
property rights already
vested.
*If there is a legal impediment
at the time of conception the
remedy is adoption.
Exception: those born
through adulterous
relationship and bigamous
marriage cannot be
legitimated.
Art. 181: The legitimation of children who died
before the celebration of the marriage shall benefit
their descendants.
- In effect gives the children what they should have
enjoyed during the lifetime of their father or mother.

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.
- 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.


D. Sobrepea 69

SUPPORT
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.
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
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 supports hall be
subject to levy or execution.
(Contractual support is subject to
adjustment whenever modification
is necessary)
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
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.

*Adopted children only up to
parents for support. Others arent
obliged to support. (If the adopter
dies or abandons then the state
takes over)
*Mandatory and essential cannot
be transmitted to a 3
rd
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.
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,
- They are no longer bound when the child is
above the age of majority or due to the
negligence.


D. Sobrepea 70
being of age, is due to a cause imputable to the
claimant's fault or negligence.
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 cant be taken from the
childrens 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 CPG
In case of support between husband and wife where
validity of marriage is in issue, aggrieved cannot be
given support pendent elite by the other spouse
(from his separate property)
Legal separation or annulment: spouses shall be
supported by ACP or CPG.
*After declaration of nullity or
annulment no more obligation to
support
*In legal separation support
ceases unless guilty spouse is
ordered to support innocent.
*If wife is adulterous it can be a
defense in an action for support
against separate property of the
spouse but wife can still get
support from ACP or CPG.
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
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


D. Sobrepea 71
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.

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.
and the one obliged to give doesnt 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)
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
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
years of every month)
Demand is essential shows manifestation of
needs.


D. Sobrepea 72
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.
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)

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.

The right to receive support and the money or
property obtained as such support cannot be
made to satisfy any judgment against the
recipient
* However in case of contractual
support or that given by will, the
excess amount beyond that
required for legal support can be
subject of execution.
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:
There is a need to be supported and without
knowledge of person obliged to give support
it is given by another, he can reimburse unless
he has no intention of being reimbursed.
If person obliged to give support unjustly
refuses a third person can give it with right of
reimbursement.
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 3
rd
person shall have right to
reimbursment.
Quasi-contract: juridical relation
which arises from certain lawful,
voluntary and unilateral acts to
the end that no one shall be
unjustly enriched or benefited at
the expense of another (basis for
reimbursement of one who gives
support)
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.


D. Sobrepea 73

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 childrens
home or orphanage)
-When a parent gives authority to
another it merely temporary
custody not renunciation.
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 fathers 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 knows 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)
*Fathers 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
If a spouse dies, the other spouse still has
parental authority
Remarriage does not affect the parental authority
*New spouse does not get
parental authority by the fact of
marriage. New spouse must

D. Sobrepea 74
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.
of the parent.
Lesbianism not a ground to deprive of custody.
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
parent to have parental authority (taking into
consideration choice of those 7 and above)
No child below 7 shall be separated from mother
unless there is compelling reason not to do
so. (Age is considered from when the decision is
made or when custody is given)
Custody may also be given to 3
rd
persons if the
situation so warrants.
*This does not mean that the
other parent has no more PA.
*Habeas corpus is proper remedy
to get custody of a child from the
other parent or 3
rd
persons.
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.

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.
No descendant shall be compelled in a criminal
case to testify against his parents or
grandparents unless the crime is against the
descendant or by one parent 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 latters
descendant or ascendant.
*Not mandatory in nature so if the
child wants to he can do so
voluntarily.

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
1
st
: parents exercise parental authority then a judicially
appointed guardian in default of such guardian:
1. Surviving grandparent
*They will have the rights and
responsibilities of a parent
enumerated in art. 220 onwards.

D. Sobrepea 75
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.
2. Oldest brother or sister over 21
3. Childs actual custodian over 21
* The list is merely a guideline, fitness, capabilities,
etc must still be considered.

*Order is not mandatory:
paramount interest
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.
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
childrens 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)

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
School, administrators, teachers, individuals or
entities engaged in child care shall have special
parental authority and responsibility over the
minor child while under their supervision,
instruction, custody. (This authority applies to
authorized activities inside or outside the
premises)
Those given special authority shall be principally
and solidariliy liable (civil liability) for damages
caused by the acts or omissions of the minor.
(Must be teacher in charge etc).
Parents or those who have substitute parental
authority shall be subsidiarily liable (if persons
with special authority cannot cover the liability)
Except: no liability by those with
special parental authority if it can
be proven that such person
exercised the proper diligence in
the circumstances. Parents
cant use diligence as a
defense (imputed liability flows
from filial relation).
*Can be an academic or non-
academic school.

D. Sobrepea 76
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.

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.
EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN
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;
Rights and duties of parents:
1. Support, educate and instruct them, provide for
their upbringing in keeping with their means.
2. Love and affection, advice, counseling,
companionship, and understanding
3. Moral and spiritual guidance
4. Physical and mental health
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)
*Cases in the US would show
that support can be withheld
from the child as a disciplinary
sanction if the child refuses to
obey the father. (But mere
disagreements or delinquent
behavior does not generally
terminate support). ROE V.
DOE.


D. Sobrepea 77
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.
Parents are primarily liable (civilly) for injuries
and damages caused by the acts and omissions
of their unemancipated children living in their
company and under their parental authority.
Exception: if parents can show
that they exercised the diligence
of a good father, then no liability.
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.
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.

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.
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.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
Art. 225. The father and the mother shall jointly No need for a judicial court to appoint

D. Sobrepea 78
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.
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 childs 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.
- Parents 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
dont 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.
*parents authority over the estate does not include
alienation or encumbrance, or compromise or waiver
(void). authority is needed from court.
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.
Childs 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.


D. Sobrepea 79
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.
-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.
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.
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
childs legitime.
The net proceeds or the balance left after the
payment of the allowance and expenses will
go to the parents

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.
The court upon the death of the parents can
appoint a guardian on petition of a relative,
family friend, or DSWD.
These situations extinguishes parental
authority
*parental authority cannot be
revived in these cases.
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.
Grounds for termination:
1. Adoption all legal ties are severed an are
vested on the adopter.
2. appointment of guardian
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
*for the reinstatement of parental
authority judicial declaration is
needed for reinstatement of
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.
- parental authority is suspended upon conviction of
the parent of a crime that has civil interdiction (loss of
rights of parental authority, guardianship to person
and property of ward, marital authority, right to
manage his property and right to dispose of such.
*parental authority is
automatically reinstated upon
service of sentence or pardon.

D. Sobrepea 80
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.
Suspension of parental authority (can be from a
case related, offshoot of another case. Does not
have to be case filed for the purpose)
1. treats the child with excessive harshness or
cruelty
2. gives child corrupting orders, example or
counsel
3. Compels the child to beg
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 didnt do anything about the situation.
*if the degree or seriousness so
warrants parent may be deprived
of authority.
*Parental authority may be
revived in a case filed for its
purpose or in the same
proceeding if the court finds that
the cause has ceased.
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.
If the person exercising parental authority
has subjected the child or allowed him to be
subjected (culpable negligence of a parent)
to sexual abuse parental authority will be
permanently deprived
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.)
*parental authority cannot be
revived for sexual abuse.
*RPC: parental authority can be
deprived or suspended up to the
discretion of the courts.
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
Corporal punishment of those with special
parental authority:
- those exercising substitute parental authority
will have all the same rights and authorities


D. Sobrepea 81
individual engaged in child care exercising special
parental authority inflict corporal punishment upon the
child.
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)

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
attainment of majority. Unless otherwise
provided, majority commences at the age of
eighteen.
- Emancipation is attained upon reaching 18 years of
age. Marriage is no longer a ground for emancipation
since now 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
- Parental consent is more in keeping with Filipino culture
and tradition.
- Once emancipated he/she can sue or be sued alone,
and is responsible and qualified for all acts of civil life
Parents 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
*Illegitimate children: liability
is with the mother; the father
is only relied upon for support.

D. Sobrepea 82
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.
omission of their emancipated child living in their
custody,
Guardians 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.
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 cant 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.

D. Sobrepea 83
- 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
principally use the surname of the father.
- Legitimate, legitimated children use surname of
their 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.

Art. 368: Illegitimate children referred to in Article
287 shall bear the surname of the mother.
- Illegitimate children shall principally use the
name of the mother

Exception: father is certain or
recognizes illegitimate child and
the father lives with the
illegitimate child and mother.
Then can use fathers surname
Art. 369: Children conceived before the decree
annulling a voidable marriage shall principally use
the surname of the father.
- 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.

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
Married woman may use:
1. Her own name
2. maiden first name, surname and husbands
surname


D. Sobrepea 84
surname or
3. Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."

3. maiden name and her husbands surname
4. husbands full name plus Mrs.
* Option is give to the woman.
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.

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 husbands
surname

Art. 374: In case of identity of names and
surnames, the younger person shall be obliged to
use such additional name or surname as will avoid
confusion.

Art. 375: In case of identity of names and
surnames 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.

If there are similar names, the younger will be
obliged to use additional names
If between ascendants and descendants the
word junior can only be used by a son.
Grandsons and direct male
descendants will use:
1. add middle name or
mothers surname
add roman numerals
Art. 376: No person can change his name or No change in name or surname without judicial Exception: if it is for merely

D. Sobrepea 85
surname without judicial authority. authority
Reasons for change in surname:
1. ridiculous name
2. change of civil status
3. to avoid confusion
*laws do not permit a legitimate child of another to adopt
the surname of another person even if that person is
exercising parental authority. But if it is an illegitimate
child, change of surname is permitted
- change of name does not alter family relations,
rights or duties, legal capacity, civil status or
citizenship.

changing clerical or typographical
error no need for judicial authority
(must not involve a change in
nationality, age, status, or sex)
Change in nickname:
1. ridiculous, tainted with
dishonor, difficult to
pronounce
2. habitually used and
known by other people as
that
3. change will avoid
confusion.
Art. 377: Usurpation of a name and surname may
be the subject of an action for damages and other
relief.
Art. 378: The unauthorized or unlawful use of
another person's surname gives a right of action
to the latter.
The usurpation or use of a name and surname
without authority could result in a claim for
damages
Unauthorized or unlawful use of anothers name
also gives right for an action to the latter.
*usurpation means some injury to
the interests of the person
(possibility of confusion of identity
etc)
Art. 379: The employment of pen names or stage
names is permitted, provided it is done in good
faith and there is no injury to third persons. Pen
names and stage names cannot be usurped.

Art. 380: Except as provided in the preceding
article, no person shall use different names and
surnames.
Pen names and stage names permitted as long
as done in good faith and no one gets injured.
*stage names cannot be usurped
as the people have vested rights
in them as well.

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 of absence
- spouse present
- heirs instituted in a will
*judicial declaration shall not take effect until 6
months after its publication.

D. Sobrepea 86
- 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
- basis for termination of property regime
- transfer of exclusive properties to the present spouse
- termination of parental authority
*spouse cant alienate/encumber property
without judicial authority.
Termination of
administration
- when absentee appears of his agent
- death of the absentee is proved and his heirs appear
- 3
rd
person appears with a right over the property

Presumption of death
through absence
- 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
*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.
Presumption of death in
dangerous situations
- 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.

D. Sobrepea 87

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 cant 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 4
th
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 4
th
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

D. Sobrepea 88
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
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 adopters 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, govt.)
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 wasnt 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, cant 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 wont get
anything.
- No right of representation (Meaning if adopter dies, adoptee cant 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)

D. Sobrepea 89
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:
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

D. Sobrepea 90
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 committees proposal unless it is relative or it is for the childs 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.
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.

D. Sobrepea 91
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 3
rd
degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.


D. Sobrepea 92
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 doesnt 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
Prescription:
- 5 years from finality of decree.
Exception: if the ground for legal
separation is infidelity in the form of
adultery or concubinage it will be
automatically void.
8. When there is a resolutory cause and the condition
has been complied with
Prescription:
5 years from the happening of the resolutory condition.
Exception: between husband and wife
prescription does not run.
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 cant donate to each other
-also those who cohabitate with each other
Exception: can give moderate gifts.

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.

D. Sobrepea 93
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 annulment.
Children born in a valid marriage but is impugned by the
father
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, and 53
Cannot be legitimated: when from an adulterous
relationship or 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

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:

D. Sobrepea 94
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

D. Sobrepea 95
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.
3. Accused of a crime
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


D. Sobrepea 96
Deadlines:

Article Contents Deadlines/prescriptions
Article 30 Marriage certificate with affidavit for marriages in
articulo mortis or remote residence
Within 30 days after the performance of the
marriage
Article 38 Action or defense for absolute nullity (anyone can file) Does not prescribe

Article 47
*If ratified then can no longer
be annulled.
For one who obtains a marriage without prior consent
after he reaches the age of 21
- Any time between 18-21 years old by parents
- 5 years after reaching 21 by the party.
Article 47 By the sane spouse without knowledge of insanity,
relative, guardian, or person having legal charge
Anytime before the death of either party.
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 separately already)
After the laps of 6 months after the filing of the
petition.
Article 61 After filing of complaint respondent should answer but
is not in default if not answered
15 days after receipt of summons
Article 61 Action for legal separation Terminates upon death of either spouse
Article 64 Revocation by choice of the innocent spouse of
donations after decree of legal separation
5 years after the decree of legal separation
becomes 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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