I.
Persons
I. PERSONS
Person
Any being, natural (CC Art. 40) or juridical (CC
Art. 42), susceptible to legal rights and obligations,
and can be a subject of legal relations.
Kinds of Capacity
1. JURIDICAL CAPACITY
Fitness to be subject of legal relations (CC Art.
37)
RULE
Inherent to all natural persons, and can only
be extinguished by death. On juridical persons,
they gain juridical capacity from the moment they
are created.
Juridical capacity is just one, indivisible,
irreducible, and essentially the same for all men; it
is an inherent and ineffaceable attribute of man,
and attaches to him by the mere fact of his being a
man.
2. CAPACITY TO ACT
Power to do acts with legal effect (CC Art. 37)
RULE
They are acquired, and may be lost. They are
also subjects to certain restrictions. Mere existence
of a human being does not confer upon him/her a
capacity to act.
No one has 100% capacity to act, nor does
anyone have absolutely no capacity to act. Even
though one may have “full capacity to act,” one
still does not reach 100% capacity to act but only
close to it. As to infants, though they still have not
acquired a capacity to act, this does not mean that
they have 0% capacity to act.
Limits on Capacity to Act
Insanity, Imbecility, State of being deaf-mute,
Penalty, Prodigality, Family Relations,
Alienage, Absence, Insolvency, Trusteeship,
(CC Arts. 38, 39CC) and other limits spread
throughout the Code.
Art. 39(2), or rule on married women 21 years
and over, has been amended by RA 6809,
which lowers the age of majority to 18 year
old.
Kinds of Persons
1. NATURAL PERSONS
Human beings
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Persons and Family Relations
GENERAL RULE
Birth determines personality (CC Art 40).
Death extinguishes civil personality (CC Art 42).
EXCEPTION
A “conceived child shall be considered born for
all purposes that are FAVORABLE to it, provided it
be born later” (Art 40, 2nd clause) with the
following circumstances:
1. From the time it is completely delivered from
the mother's womb.
2. But if the fetus had an intra-uterine life of less
than seven months, it should survive for at
least 24 hours after its complete delivery. (Art.
41, CC) [Test of life: complete respiration]
TOLENTINO: Birth means complete removal of the
fetus from the mother’s womb.
PROF. BALANE: Modern medicine cannot as of yet
determine if the intra-uterine life is 7 months or
less in terms of number of days. Modern medicine
cannot determine the exact time when fertilization
took place. Modern medicine estimates the fetus
age in weeks.
In Geluz v CA, The Supreme Court held that
the father cannot file charges on behalf of the
aborted fetus because it never acquired a civil
personality, because it was not alive when it was
delivered from the mother’s womb. The baby thus
did not acquire any legal rights. The father could
have filed for moral damages on his own capacity,
had he suffered anguish from the loss of the baby,
but it appears from the facts that he did not suffer
from any pain or anguish. Thus, he cannot claim
any damages.
EFFECT OF DEATH
The effect of death upon the rights and
obligations of the deceased is determined by law,
by contract and by will (Art 42, par. 2). However,
the Civil Code does not define death, nor can
doctors precisely pinpoint the exact moment when
death occurs.
DOUBT ON THE ORDER OF DEATH
If they are called to succeed each other,
whoever alleges the death of one prior to the
other, shall prove the same. In the absence of
proof, it is presumed that they died at the same
time, and there will be no transmission of rights
from one to the other. (Art. 43, CC)
In Joaquin v Navarro, the rule on Art. 43 was
not applied in determining whether the mother or
the son died first. There were eyewitnesses who
can give evidence as to who died first, so there is
no reason for applying the presumption. It is only
when it is impossible to determine who died first
that the presumption applies.
2. JURIDICAL PERSONS
a. The State and its Political subdivisions;
b. Other Corporations, Institutions and Entities
I. Persons Persons and Family Relations

for public interest or purpose, created by law;

c. Corporations, Partnerships, and Associations II. CITIZENSHIP AND DOMICILE
for private interest or purpose to which the law
grants a juridical personality. (CC Art 44) Who Are Filipino Citizens?

1. Those who are citizens of the Philippines at the

GOVERNING LAWS:
time of the adoption of the 1987 Constitution;
Juridical Governed by 2. Those whose fathers or mothers are citizens of
Person the Philippines;
3. Those born before January 17, 1973, of Filipino
State Constitution (Defines its
mothers, who elect Philippine citizenship upon
organization and limits its rights vis-
reaching the age of majority; and
à-vis citizens)
4. Those who are naturalized in accordance with
Political Charter law. (Art IV, §1, 1987 Philippine Constitution)
subdivision
These have superseded the rules on
Public Charter
citizenship enumerated in the Civil Code.
corporation

Private Corporation Code, Articles of Domicile

corporation Incorporation and By-Laws

Partnerships Stipulations of the parties and For Natural Persons: the place of their habitual
suppletorily by the general residence (CC Art. 50).
provisions on partnership For Juridical Persons: the place where their legal
representation is established, or where they
RULES exercise their primary functions, unless there is a
Juridical persons may acquire and possess law or other provision that fixes the domicile (CC
property of all kinds, incur obligations, and Art. 51).
bring civil or criminal actions (CC Art. 46)
Upon dissolution of corporations or institutions DOMICILE VS. RESIDENCE
and other entities for public interest, their
property and assets shall be disposed of in While domicile is permanent (there is intent to
pursuance of the law or charter creating them. remain), residence is temporary and may be
(CC Art. 47) changed anytime (there is no necessary intent to
remain).

REQUISITES OF DOMICILE (CALLEGO VS.

VERA)

1. Physical Presence
2. Intent to remain permanently

KINDS OF DOMICILE

1. Domicile of Origin
Domicile of parents of a person at the time
he was born.
2. Domicile of Choice
Domicile chosen by a person, changing his
domicile of origin.
A 3rd requisite is necessary – intention not
to return to one’s domicile as his permanent
place.
3. Domicile by Operation of Law (i.e., Article 69,
domicile of minor)

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III. Marriage
III. MARRIAGE
Marriage
Is:
1. a Special Contract
2. of Permanent Union
3. Between a Man and a Woman
4. entered into in Accordance with law
5. for the Establishment of Conjugal and Family
life.
6. It is the Foundation of the Family
7. and an Inviolable Social Institution
8. whose Nature, Consequences, ,and Incidents
are governed by Law and not subject to
Stipulation,
9. except that Marriage settlements may Fix
property relations during the marriage within
the Limits provided by this Code. (Art 1,
Family Code)
Breach of Promise to Marry
In Tanjanco v CA, the Supreme Court held
that “breach of promise to marry is not an
actionable wrong.” The fact that the Santos, the
woman, agreed to have sexual intercourse with
Tanjanco for a year does not constitute seduction
but mutual passion.
However, in Wassmer v Velez, Velez was
held liable for the cost of the wedding preparations
spent by Wassmer, because he disappeared two
days before the marriage. The Supreme Court said
that while mere breach is not an actionable wrong,
Velez is still liable under Art. 21 of the Civil Code
because he abused his right, thereby causing moral
and material damages, which should be
compensated.
Essential Requisites of Marriage
1. Legal Capacity of contracting parties who
must be Male and Female; and
2. Consent freely given in the presence of the
solemnizing officer. (Art. 2, FC)
In People v Santiago (51 Phil 68), the
marriage between Santiago and his niece was
declared void for lack of consent on the part of
Santiago. He only got married to her to avoid
prosecution because he raped her the same morning
that the marriage was solemnized by a Protestant
minister. The Supreme Court held that it was a mere
ruse for him to escape criminal liability.
Formal Requisites Of Marriage
1. Authority of the solemnizing officer;
2. A valid Marriage License except in cases
under Chapter 2 of this Title;
3. Marriage Ceremony (i.e. appearance of
contracting parties before solemnizing officer
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Persons and Family Relations
and their personal declaration that they take
each other as husband and wife). (Art 3, FC)
ABSENCE, DEFECT, OR IRREGULARITY IN THE
REQUISITES
ABSENCE of any of the essential or formal
requisites shall render the marriage VOID AB
INITIO, (FC Art 4, par. 1) except when it is
solemnized by an unauthorized person with
either or both contracting parties having good
faith that he had authority to do so (FC Art
35, par. 2)
A DEFECT in any of the ESSENTIAL
REQUISITES shall render the marriage
VOIDABLE (FC Art 4, par. 2).
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 (FC Art
4, par. 3).
A. MARRIAGE CEREMONY
There is no particular form or religious rite
required by law.
MINIMUM REQUIREMENTS BY LAW
1. The contracting parties appear personally
before the solemnizing officer
2. They declare in the presence of at least two
witnesses of legal age,
3. That they take each other as husband and
wife;
4. The declaration shall be contained in the
marriage certificate,
5. Which shall be signed by the contracting
parties and their witnesses and attested by the
solemnizing officer. (Art. 6, FC)
In a marriage in articulo mortis, when one or
both parties are unable to sign the marriage
certificate, it shall be sufficient for one of the
witnesses to write the name of said party, which
shall be attested by the solemnizing officer. (Art 6,
par. 2)
PLACES WHERE MARRIAGE MAY BE CELEBRATED
1. Chambers of the judge or in open court;
2. Church, chapel, or temple
3. Office of the Consul-general, consul, or vice-
consul, as the case may be. (Art. 8, FC)
Exceptions
Marriage in articulo mortis, in a remote place
(the barrio or barangay should be so located that
there is no means of transportation to enable such
party to appear personally before the local civil
registrar – Art. 29), or where both of the parties
request the solemnizing officer in writing, in which
case the marriage may be solemnized at a house
or place designated by then in a sworn statement.
III. Marriage
B. AUTHORITY OF SOLEMNIZING OFFICERS
MARRIAGE MAY BE SOLEMNIZED BY:
1. Any incumbent member of the judiciary within
the court’s jurisdiction (Art. 7, par. 1);
2. Any priest, rabbi, imam, or minister of any
church or religious sect duly authorized by his
church or religious sect;
He/she must be registered with the civil
registrar general (CRG).
He/she must be acting within the limits of the
written authority granted by the church
At least one of the parties must be a member
of the church or religious sect to which the
solemnizing officer belongs (FC Art. 7, par. 2).
3. Ship captain or airplane chief (FC Art 7, par.
3);
Can only solemnize marriages in articulo
mortis (when there one or both parties are at
the point of death), while the ship is at sea or
the plane is in flight, or at stopovers or ports
of call (FC Art 31).
4. Any military commander of a unit to which a
chaplain is assigned, in the absence of the
latter (FC Art 7, par. 4);
Can only solemnize marriages in articulo
mortis between persons within the zone of
military operation, whether members of the
armed forces or civilians (Art 32, FC).
5. Consul-general, consul, or vice consul (Art. 7,
par. 5)
Can solemnize marriages between Filipino
citizens abroad. The issuance of the marriage
license and the duties of the local civil
registrar shall also be performed by said
consular official. (Art. 10, FC)
6. Mayors (under the Local Government Code, not
found in the Family Code)
C. MARRIAGE LICENSE
REQUIREMENTS FOR MARRIAGE LICENSE APPLICATION
1. Full name of the contracting party;
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;
9. Full name, residence and citizenship of the
mother; and
10. Full name, residence and citizenship of the
guardian or person having charge, in case the
contracting party has neither father nor mother
and is under the age of twenty-one years (Art.
11, FC)
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Persons and Family Relations
MARRIAGES EXEMPT FROM MARRIAGE
LICENSE REQUIREMENT:
1. In case one or both contacting parties are at
the point of death (in articulo mortis). (Art. 27)
2. If the residence of either party is so located
that there is no means of transportation to
enable them to personally appear before the
local civil registrar. (Art. 28)
3. Marriage in articulo mortis between passengers
or crew members. [May be solemnized by the
ship captain or airplane pilot.] (Art. 31)
4. Marriage in articulo mortis between persons
within the zone of military operation. [May be
solemnized by the military commander of the
unit] (Art. 32)
5. Marriages among Muslims or among members
of cultural communities, provided they are
solemnized in accordance with their customs,
rites, or practices. (Art. 33)
6. Marriage between a man and a woman who
have lived together as husband and wife for at
least five years, without legal impediment to
marry each other.
In Ninal v Badayog, the Supreme Court held
that there must be no legal impediment during the
entire five or more years that the parties are living
as husband and wife. Since there is only a
difference of one year and eight months since the
death of the first wife and the execution of their
affidavit, the five-year requirement is not met,
even if they have cohabited during the subsistence
of the previous marriage.
In Madridejo v De Leon, where the parties
were married in articulo mortis, the Supreme Court
held that the marriage is still valid even if the
priest who solemnized the marriage failed to send
a copy of the marriage certificate to the municipal
secretary. The marriage certificate is not a
requisite of marriage but a mere proof that the
marriage really existed. And since the marriage
was solemnized under exceptional circumstances,
there is no need for a marriage license.
Marriages Celebrated Abroad (Art. 26)
GENERAL RULE:
Marriages solemnized outside the RP in
accordance with the law of the foreign country shall
be valid in the Philippines (lex loci celebrationis)
EXCEPTIONS:
1. Marriage between persons below 18 years old –
Art. 35(1)
2. Bigamous or polygamous marriage – Art. 35(4)
3. Mistake in identity – Art. 35 (5)
4. Marriages void under Article 53 – Art. 35 (6)
5. Psychological incapacity – Art. 36
6. Incestuous marriages – Art. 37
7. Marriage void for reasons of public policy – Art.
38
III. Marriage Persons and Family Relations

If a Filipino married to a foreigner and the latter 18.Between parties where one, with the
subsequently obtains a valid divorce abroad intention to marry the other, killed that
capacitating him./her to remarry, the Filipino other person's spouse, or his or her own
spouse shall likewise have the capacity to remarry spouse.
under the Philippine law (Art 26(2)).
An action for declaration of nullity of marriage
Void Marriages is imprescriptible. (Art. 39)
*For purposes of remarriage, the nullity of a
previous marriage may be invoked solely on the
MARRIAGE IS VOID AB INITIO WHEN: basis of a final judicial declaration of nullity (JDN)
of the previous marriage. (Art. 40)
I. UNDER FC ART. 35
1. Contracted by anyone below 18 years old, In Domingo v CA, the husband opposed the
even with consent of parents filing of judicial declaration of nullity (JDN) filed by the
2. Solemnized by anyone not authorized to wife Domingo because the marriage is already void ab
do so, except when one or both parties initio because of the husband’s previous marriage. The
believe that the solemnizing officer had Supreme Court held that the JDN can be invoked for
authority to do so. other purposes than remarriage. The wording of Art.
3. There is no marriage license, except in
40 about JDN being the sole basis for remarriage does
marriage under exceptional circumstances
not mean that JDN can only be invoked for purposes
4. It is bigamous or polygamous, except
of remarriage. Separation of Property, the reason
when first spouse has been absent for four
cited in this case, is also a valid reason for filing for
years, or two years under extraordinary
JDN.
circumstances, and the remaining spouse
has a well-founded belief that the absent
In Republic v Molina, 1997 (268 SCRA
spouse is dead, and is judicially declared
198), the Supreme Court held that the actions of
presumptively dead. (Art. 41)
the wife, described by the wife as “highly immature
5. There is a mistake in identity of the other
and habitually quarrelsome who thought himself as
contracting party
a king to be served,” does not amount to
6. The subsequent marriage is void under
psychological incapacity. It held that what existed
Art. 53:
are mere irreconcilable differences. It also laid
down in this case the guidelines to be followed by
Marriage is void when Art. 52 is not complied
the courts in interpreting Art. 36.
with: There must be a partition and distribution of
property after the judgment of annulment of
GUIDELINES FOR INTERPRETATION OF
declaration of nullity. The presumptive legitimes of
ARTICLE 36 (REPUBLIC V MOLINA):
the children must also be delivered and recorded in
the appropriate civil registry.
1. The burden of proof to show the nullity of the
marriage belongs to the plaintiff.
II. UNDER FC ART. 36 2. The root cause of the psychological incapacity
7. Any contracting party is, at the time of the
must be: (a) medically or clinically identified,
celebration of the marriage,
(b) alleged in the complaint, (c) sufficiently
psychologically incapacitated to comply
proven by the experts, (d) clearly explained in
with the essential marital obligations.
the decision.
3. The incapacity must be proven to be existing at
III. UNDER FC ART. 37 (INCESTUOUS
“the time of the celebration” of the marriage.
RELATIONSHIPS) 4. Such incapacity must also be shown to be
8. Between ascendants and descendants of any
medically or clinically permanent of incurable.
degree, legitimate or illegitimate. 5. Such illness must be grave enough to bring
9. Between brothers and sisters, whether full or
about the disability of the party to assume the
half-blood, legitimate or illegitimate.
essential obligations of marriage.
6. The essential marital obligations mist be those
IV. UNDER FC ART. 38 (FOR REASONS OF PUBLIC
embraced by Articles 68 up to 71 of the Family
POLICY):
Code as regards the husband and wife as well
10.Between collateral blood relatives, legitimate
as Articles 220, 221, and 225 of the same Code
or illegitimate, up to the fourth civil degree.
in regard to parents and their children.
11.Between step-parents and step-children.
7. Interpretations given by the national Appellate
12.Between parents-in-law and children-in-law.
Matrimonial tribunal of the Catholic Church in
13.Between adopting parent and adopted child.
the Philippines, while not controlling or decisive,
14.Between the surviving spouse of the
should be given great respect by our courts.
adopting parent and the adopted child. 8. The trial court must order the prosecuting
15.Between the surviving spouse of the adopted
attorney or fiscal and the Solicitor General to
child and the adopter.
appear as counsel for the state. No decision
16.Between an adopted child and a legitimate
shall be handed down unless the Solicitor
child of the adopter.
General issues a certification.
17.Between adopted children of the same
adopter.

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III. Marriage Persons and Family Relations

RULE ON BIGAMOUS MARRIAGE (ART. 41): a. Through non-disclosure of a previous

conviction of a crime involving moral
GENERAL RULE turpitude;
Marriage contracted by any person during the b. Through concealment of the wife of the fact
subsistence of a previous marriage is VOID that she was pregnant by another man;
c. Through concealment of a sexually-
EXCEPTION transmitted disease, even if not serious or
If the first spouse has been absent for four incurable;
consecutive years, or two years under d. Through concealment of drug addiction,
extraordinary circumstances, and the surviving habitual alcoholism or homosexuality or
spouse has a well-founded belief that the spouse is lesbianism. (Art.46)
dead, and there is a judicial declaration of 4. The consent of either party was obtained
presumptive death, without prejudice to the effect through force, intimidation, or undue
of the reappearance of the absent spouse. influence.
5. Either party is physically unable to
Exception to the exception consummate the marriage (impotence)
When both parties in the subsequent marriage (different from sterility).
acted in bad faith, the marriage is still void (Art. 6. Either party has a serious and incurable
44). sexually-transmissible disease, even if not
concealed.
In People v Mendoza, Mendoza contracted
three marriages. He contracted the second In Buccat v Buccat, the Supreme Court
marriage during the subsistence of the first refused to grant annulment filed by the husband
marriage. He contracted the third marriage after because his wife gave birth to a baby a mere 89
the death of his first wife. He was prosecuted for days after their marriage. It held that it is
bigamy on his third marriage. The Supreme Court unbelievable that the wife could have concealed
held that he is not guilty for bigamy for his third the fact that she was 6 months pregnant at the
marriage, since his prior subsisting marriage has time of the marriage.
already been extinguished by the death of his first
wife. It is the second marriage that is bigamous. However, in Aquino v Delizo, the Supreme
Court granted annulment because the wife
EFFECTS OF TERMINATION OF BIGAMOUS concealed the fact that she was 4 months pregnant
MARRIAGE (FC ART 43): during the time of the marriage. It argued that
since Delizo was “naturally plump,” Aquino could
1. Children – considered legitimate hardly be expected to know, by mere looking,
2. Property Regime – dissolved and liquidated whether or not she was pregnant at the time of the
(party in bad faith shall forfeit his/her share in marriage.
favor of the common children or children by a
previous marriage, and in case there are none, Ground For Who Can Prescription How To
to the innocent spouse) Annulment File (Art. 47) Ratify (Art.
3. Donation propter nuptias – remains valid, (Art. 45) (Art. 47) 45)
(but if the donee contracted marriage in bad Lack of 1. Underage 1. 5 years after
faith, donations will be revoked) parental party attaining 21. Free
4. Insurance benefits – innocent spouse may consent cohabitation
revoke designation of guilty party as after
2. Parent or 2. Before child attaining age
beneficiary, even if such designation is
guardian reaches 21. of 21
irrevocable
5. Succession Rights – Party in bad faith
disqualified to inherit from innocent spouse, Insanity 1. Sane 1. Any time
whether testate or intestate spouse with before the
6. Donations - If both parties of subsequent no death of insane
marriage acted in bad faith, any donations and knowledge of party
the other’s Free
testamentary dispositions made by one party to insanity cohabitation
the other by reason of marriage will be revoked 2. Legal of insane
(Art. 44) guardian of party after
insane party coming to

Voidable Marriages 3. Insane 2. During lucid reason

party interval or after
regaining
MARRIAGE MAY BE ANNULLED, WHEN (FC sanity, and
ART 45): before death
1. One of the parties is 18 or above but below 21,
and there is no parental consent.
2. Either party was of unsound mind (insanity).
3. The consent of either party was obtained
through fraud (different from mistake in
identity):

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III. Marriage Persons and Family Relations

Fraud Injured party Five years after Free previous marriage

(defrauded discovery of cohabitation (Art. 53), children
party) fraud after having are considered
full LEGITIMATE.
knowledge of
fraud 5. How to May be attacked Can only be
impugn DIRECTLY or attacked DIRECTLY
Force, Injured party Five years after Free COLLATERALLY, except (there must be
intimidation, disappearance cohabitation for purpose of annulment decree)
undue of force or after the remarriage (there
influence intimidation force has must be JDN)
ceased or
6. Effect of May still be impugned Can no longer be
disappeared
death of parties after death of parties impugned after
Impotence Healthy Five years after Deemed death of parties
party marriage ratified when
action
prescribes Legal Separation
STD Healthy Five years after Deemed
party marriage ratified when BED AND BOARD SEPARATION MAY BE
action DECREED WHEN THERE IS (ART. 55):
prescribes

1. Repeated violence or grossly abusive

DURING PENDENCY OF ACTION: conduct directed against petitioner, a common
child, or a child of the petitioner.
1. The court shall provide for the support of the 2. Physical violence or moral pressure to compel
spouses, petitioner to change religious or political
2. The custody of the common children, giving affiliation.
paramount consideration to their moral and 3. Attempt of respondent to corrupt or induce
material welfare, their choice of parent with petitioner, a common child, or child of
whom they wish to remain. petitioner, to engage in prostitution or
3. The court shall also provide for visitation rights connivance in such corruption or inducement.
of other parent. (Art. 49) 4. Final judgment sentencing respondent to
imprisonment of more than 6 years, even if
To prevent collusion between the parties, pardoned (executive pardon, not pardon from
fabrication or suppression of evidence, the offended party).
prosecuting attorney or fiscal shall appear on 5. Drug addiction or habitual alcoholism of
behalf of the State. (Art. 48) respondent.
» When it existed from the time of
EFFECTS OF DECLARATION OF NULLITY OR celebration, and concealed from petitioner,
ANNULMENT: can be a ground for annulment of
marriage. When it occurred only after the
The same as effects of termination of marriage, it is only a ground for legal
bigamous marriage (Arts. 43, 44), except in the separation, whether concealed or not.
status of children. 6. Lesbianism or homosexuality of respondent.
» Ditto on rules on drug addiction.
VOID MARRIAGES VS. VOIDABLE MARRIAGES 7. Contracting by respondent of a subsequent
(SEMPIO-DIY): bigamous marriage, whether in the
Void Marriage Voidable Philippines of abroad.
Marriage 8. Sexual infidelity or perversion.
9. Attempt on the life of petitioner by
1. Nature INEXISTENT from the VALID until
beginning annulled by court
respondent.
» There is no need for criminal conviction.
2. Co-validation CANNOT be CAN be covalidated 10. Abandonment of petitioner by respondent
covalidated by prescription or without justifiable cause for more than one
free cohabitation
year.
3. Effect on No Community ACP exists unless
property Property, only Co- another system is In Gandioco v Peñaranda, the Supreme
ownership instituted through
marriage
Court held that in sexual infidelity as a ground for
settlement legal separation, there is no need for prior
conviction for concubinage, because legal
4. Legitimacy General rule: Children Children are separation only requires a preponderance of
of children are ILLEGITIMATE LEGITIMATE if
(Art. 165) conceived before
evidence, as opposed to proof beyond reasonable
Exception: In void decree of doubt required in concubinage. In fact, a civil
marriages by annulment action for legal separation based on infidelity may
reason of proceed ahead or simultaneously with the criminal
psychological action for concubinage,
incapacity (Art. 36)
or non-partition of
properties in a GROUNDS FOR DENYING LEGAL SEPARATION
(ART. 56):

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III. Marriage
1. Condonation by aggrieved party
2. Consent by aggrieved party to the commission
of the offense
3. Connivance between parties in the commission
of the offense
4. Mutual guilt in ground for legal separation
5. Collusion between parties to obtain decree of
legal separation
6. Prescription of action for legal separation
OTHER GROUNDS FOR DENYING LEGAL SEPARATION
7. Death of either party during pendency of action
(Lapuz-Sy v Eufemio)
8. Reconciliation of parties during pendency of
action (Art. 66 par.1)
RULES ON LEGAL SEPARATION
PROCEEDINGS:
1. Prescription – Action prescribes in five years
from occurrence of cause (Art. 57)
2. Reconciliation period – Action cannot be tried
before six months have elapsed since the filing
of the petition (Art. 58)
3. Attempts on reconciliation – Action cannot
be tried unless the court has attempted to
reconcile the spouses, and determined that
despite such efforts, reconciliation is highly
improbable (Art. 59)
4. Confession – No decree of legal separation
shall be based upon a stipulation of facts or a
confession of judgment (Art. 60, par. 1)
5. Collusion – The court shall assign the
prosecuting attorney or fiscal to make sure that
there is no collusion between the parties, and
that evidence is not fabricated or suppressed
(Art. 60, par. 2)
6. After filing the petition for legal separation, the
spouses are entitled to live separately (Art.
61, par. 1).
7. Administration of Community or Conjugal
Property – If there is no written agreement
between the parties, the court shall designate
one of them or a third person to administer the
ACP or CPG. (Art. 61, par. 2)
8. Custody of children – The court shall give
custody of children to one of them, if there is no
written agreement between the spouses. It shall
also provide for visitation rights of the other
spouse. (Art. 62, cf. Art. 49)
EFFECTS OF DECREE FOR LEGAL SEPARATION
(ART. 63):
1. Spouses can live separately, but cannot remarry
(marriage bonds are not severed).
2. The ACP of CPG shall be dissolved and
liquidated, and the share of the guilty spouse
shall be forfeited in favor the common children,
previous children, or innocent spouse (cf. Art.
42, par. 2).
3. Custody of the minor children shall be awarded
to the innocent spouse
4. Guilty spouse shall be disqualified from
inheriting from innocent spouse by intestate
succession. The provisions in favor of the guilty
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Persons and Family Relations
party in the will of the innocent spouse shall
also be revoked by operation of law.
OTHER EFFECTS OF LEGAL SEPARATION
5. Donation propter nuptias in favor of the guilty
spouse may be revoked (Art. 64)
6. Innocent spouse may also revoke designation of
guilty spouse as beneficiary in an insurance
policy, even if such stipulations are irrevocable
(Art. 64).
7. Obligation for mutual support ceases, but the
court may order the guilty spouse to support
the innocent spouse. (Art. 198)
8. The wife shall continue to use the surname of
the husband even after the decree for legal
separation.
AGUILING-PANGALANGAN: The option to revoke of
the designation of guilty spouse as beneficiary in
an insurance policy should prevail, notwithstanding
contrary provisions in the Insurance Code.
RULE ON RECONCILIATION:
Should the spouses reconcile, they should file
a corresponding joint manifestation under oath of
such reconciliation (Art. 65).
PROF. BALANE: It is not the reconciliation per se
but the filing of the required manifestation that
produces the effects enumerated in Art. 66.
EFFECTS OF RECONCILIATION (ART. 66):
1. Proceedings for legal separation shall be
terminated at whatever stage.
2. If there is a final decree of legal separation, it
shall be set aside.
3. The separation of property and forfeiture of
share of guilty spouse shall subsist, unless the
spouses agree to revive their former property
regime or to institute another property regime
(cf. Art. 67).
OTHER EFFECTS OF RECONCILIATION
4. Joint custody of children is restored.
5. The right to intestate succession by guilty
spouse from innocent spouse is restored.
6. The right to testamentary succession depends
on the will of the innocent spouse.
IV. Rights and Obligations Between Husband and Wife Persons and Family Relations

B. WIDOWS:
IV. RIGHTS AND OBLIGATIONS
BETWEEN HUSBAND AND WIFE A widow may use the deceased husband’s
surname as though he were still living. (Art. 373,
CC)
Obligations of Spouses C. MISTRESSES:

1. Live together (Art. 68) In Legamia v IAC, the Supreme Court

2. Observe mutual love, respect, and fidelity (Art. allowed the mistress to use her live-in partner’s
68) name, since everyone already knew that she was a
3. Render mutual help and support (Art. 68) mistress, so as to avoid confusion.
4. Fix the family domicile. In case of
disagreement, the court shall decide. (Art. 69)
5. Jointly support the family. (Art. 70)
6. Manage the household. (Art. 71)

Rights of Spouses

1. In case the other spouse neglects his or her

duties or commit acts which tend to bring
danger, dishonor or injury to the family, the
aggrieved party may apply the court for
relief. (Art. 72)
2. Either spouse may exercise any legitimate
profession, without need for consent of the
other. The other spouse may only object on
valid, serious, and moral grounds. (Art. 73)

In case of disagreement, the Court shall decide

whether (1) the objection is proper, and (2) benefit
has accrued to the family before the objection.

Use of Surname

A. MARRIED WOMEN:

A married woman may use:

1. Her maiden first name and surname and add
her husband's surname, or
2. Her maiden first name and her husband's
surname or
3. Her husband's full name, but prefixing a word
indicating that she is his wife, such as “Mrs.”
(Art. 370, CC)

The wife has the option to choose which

among these names she should use. Should she
decide to keep her maiden name, the use of the
word “may” in the provision indicates that she may
do so.. (A US Case allowed a woman to keep her
maiden name especially because many of her
professional relations already know her by that
name.)

In Yasin v Shari’a District Court, the

Supreme Court, by way of obiter dictum, said that
the woman only has an option and not a duty to
use the surname of her husband, as provided for in
Art. 370, CC. It also said that when her husband
dies, the woman can revert to her old name
without need for judicial declaration.

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V. Property Relations Between Spouses Persons and Family Relations

same, and in favor of one or both of the future

V. PROPERTY RELATIONS BETWEEN spouses. (Art. 82)
SPOUSES REQUISITES:

ORDER TO BE FOLLOWED (ARTS. 74, 75) 1. Made before the celebration of marriage
2. Made in consideration of the marriage
1. Marriage settlements before marriage – 3. In favor of one or both spouses
spouses can agree to whatever regime they
want, be it ACP, CPG, or complete separation. DONATIONS EXCLUDED:
2. Provisions of the Civil Code – If there are no
marriage settlements, the Absolute Community 1. ordinary wedding gifts given after the
of Property will be followed celebration of the marriage
3. Local Customs 2. donations in favor of future spouses made
before marriage but not in consideration thereof
The rule that ACP is the default mode of 3. donations made I n favor of persons other than
property relations absent any marriage settlement the spouses even if founded on the intended
applies to all Filipinos, regardless of the place of marriage
the marriage and their residence – Art. 80
WHO MAY DONATE?
REQUIREMENTS FOR MARRIAGE
SETTLEMENTS (ART. 77) 1. spouses to each other
2. parents of one or both spouses
1. Must be in writing (public or private) rd
3. 3 persons to either or both spouses
2. Signed by the parties
3. Executed before the celebration of DISTINGUISHED FROM ORDINARY
the marriage DONATIONS:
4. If party needs parental consent,
parent/guardian must be a party to the
settlement Donations Propter Ordinary Donations
5. If party is under civil interdiction or other Nuptias
disability (not including insanity), court Does not require Express acceptance necessary
appointed guardian must be a party express acceptance
6. Must be registered in local civil registry – to
affect third persons (If not registered, will not May be made by Cannot be made by minors
prejudice third persons, ACP will apply) minors (Art. 78)

May include future Cannot include future property

GENERAL RULE:
property
All modifications to the marriage settlement If present property is No limit to donation of present
must be made before the marriage is celebrated. donated and property provided legitimes
property is not are not impaired
EXCEPTIONS: absolute community,
limited to 1/5
1. Legal Separation (Art. 63 (2))
Grounds for Grounds for revocation - in
» In such an instance, the property regime
revocation - In Art. donation laws
is dissolved.
86
2. Revival of the former property regime upon
reconciliation if the spouses agree (Art. 66 (2))
3. A spouse may petition the court for: RULES
a. Receivership
b. Judicial separation of property, or BEFORE MARRIAGE
c. The authority to be the sole administrator of
the conjugal partnership General Rule
▪ If the other spouse abandons the other Future spouses cannot donate to each other
without just cause or fails to comply more than 1/5 of their present property (excess
with his or her obligations to the family. shall be considered void) (Art. 84)
(Art. 128)
4. Judicial Dissolution (Arts. 135 and 136) Exception
If they are governed by ACP.
A. Donations By Reason Of Marriage DURING MARRIAGE

DEFINITION General Rule

Spouses cannot donate to each other, directly
Donations which are made before the or indirectly (donations made by spouses to each
celebration of the marriage, in consideration of the other during the marriage are void) (Art. 87)

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V. Property Relations Between Spouses
Exception
Moderate gifts on the occasion of any family
rejoicing.
In Matabuena v Cervantes, the Supreme
Court ruled that Art. 87 is applicable even to
common-law spouses.
REASONS FOR REVOCATION OF DONATION
PROPTER NUPTIAS (ART. 86):
1. If the marriage is not celebrated or judicially
declared void ab initio, except donations made
in settlements.
2. When the marriage takes place without the
consent of the parents or guardians, as
required by law.
3. When the marriage is annulled, and the
donee acted in bad faith.
4. Upon legal separation, if the donee is the
guilty spouse.
5. If there is a resolutory condition, and it is not
complied with.
6. When donee has committed an act of
ingratitude, such as:
a. An offense against person or property of
donor, or his wife or children under parental
authority
b. An imputation to the donor of any criminal
offense, or any act involving moral
turpitude, even if proven, unless the crime is
committed against the donee, his wife or
children under his authority.
c. Refusing to support the donor, if he/she is
legally required to do so.
The donee may choose to waive his/her
right to revoke the donation, in which case the
donee will keep the property.
The action for filing for revocation of
donation prescribes.
B. Absolute Community Of Property
WHEN IT COMMENCES:
At the precise moment of the celebration of
the marriage (Art. 88), not just at the day of the
celebration. However, if the marriage is celebrated
before the Family Code took effect (1988), the
default property regime is the Conjugal Partnership
of Gains (CPG).
WAIVER OF RIGHTS:
GENERAL RULE
NOT ALLOWED (Art. 89)
EXCEPTIONS
1. with the marriage subsisting, in case of a
judicial separation of property, which includes
dissolution of absolute community or conjugal
partnership as a result of legal separation.
2. in case the marriage is dissolved (by death of
one of the spouses) or annulled.
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Persons and Family Relations
WHAT IT CONSISTS:
All the property owned by the spouses at the
time of the celebration of the marriage or acquired
thereafter. (Art. 91)
Under the ACP, spouses cannot exclude
specific properties from the regime.
WHAT IS EXCLUDED (RESERVED PROPERTY):
1. Properties acquired by a gratuitous title,
i.e. donation, inheritance by testate and
intestate succession, including the fruits of such
properties
» Exception: When it was expressly
provided by the donor or testator that the
property shall form part of the ACP);
2. Properties for personal use, e.g. clothes,
toilet articles, books
» Exception: Pieces of jewelry - they form
part of the ACP
3. Properties acquired before the marriage,
for those with legitimate descendants with a
former marriage (to protect rights of children by
a former marriage).
PRESUMPTION
All properties acquired during the marriage
form part of the ACP, unless it be proven that they
are excluded. (Art. 93)
CHARGES UPON THE ACP (ART. 94):
1. Support
a. Support of illegitimate children of either
spouse governed by (9)
b. Support shall be given to spouses even if
they are not living together, except when a
spouse leaves the conjugal home without
just cause
c. Support shall be given to the spouses during
pendency of action for legal separation (Art
61) or for annulment of marriage (Art. 49)
2. Debts and Obligations Contracted During
Marriage
a. Either by both spouses or one of them, with
the consent of the other.
b. In (2) and (3), creditors need not prove that
the debts benefited the family.
3. Debts Contracted by one Spouse Without
Consent of the other
a. ACP liable only to the extent that the debt
benefited the family.
b. Reason: spouses are joint administrators of
community property, and one should not act
without the consent of the other.
4. Tax, Liens, Repairs on Community Property
a. Taxes on property itself and its fruits,
including any surcharges on real estate
taxes.
b. “Minor repairs” are those for mere
preservation of property or those caused by
ordinary wear and tear; “Major repairs”
include those caused by extraordinary
events such as storms , floods, etc.
V. Property Relations Between Spouses Persons and Family Relations

5. Taxes and Expenses for Mere preservation 97) However, the will should refer only to his/her
of Separate properties own share in the community property.
a. Applies only to separate properties by either
spouse being used by the family, not those DONATION OF PROPERTY:
that do not benefit the family.
b. Expenses limited to minor repairs. Donation of one spouse without the consent of
6. Expenses for professional, Vocational, or the other is not allowed (Art. 98, following logic of
Self-Improvement Course of Spouses Art. 96).
a. Intention of the law is to encourage the
spouses to improve themselves for the
benefit not just of their family but of the EXCEPTIONS
whole nation as well. 1. Moderate donations to charity due to family
7. Ante-nuptial Debts that Benefited the rejoicing or distress;
Family 2. Moderate gifts by each spouse to the other due
a. If the ante-nuptial debt did not benefit the to family rejoicing.
family, applicable rule is (9).
b. e.g. loans incurred by husband prior to Note: What’s moderate depends on the socio-
marriage to purchase conjugal home economic status of the family
8. Donations by Spouses to Common
Legitimate Children
ACP TERMINATES UPON (ART. 99):
a. Beneficiaries should be common legitimate
children of spouses.
1. Death of either spouse – follow rules in Art.
b. Donation should be made by both spouses;
103
otherwise, the ACP is not liable.
2. Legal Separation – follow rules in Arts. 63 and
9. Ante-Nuptial Debts not under (7), Support
64
of Illegitimate Children, Liabilities of Either
3. Annulment or judicial declaration of nullity
Spouse Arising from Quasi-Delict
– follow rules in Arts. 50 to 52
a. If the debtor-spouse has no exclusive
4. Judicial separation of property during
property or his or her property is insufficient.
marriage – follow rules in Arts. 134 to 138
b. Under Art. 205 of CC, guilty spouse has no
RULES ON DE FACTO SEPARATION (ART.
obligation to reimburse to the ACP
100):
indemnities paid by ACO on account of a
crime or quasi-delict committed by him or
GENERAL RULE
her. Under the Family Code, however, the
De facto separation does not affect the ACP.
ACP is considered merely to have advanced
these indemnities; they shall be deducted
from the share of the guilty spouse at the EXCEPTIONS
time of the liquidation of the absolute 1. Spouse who leaves the conjugal home without
community. just cause shall not be entitled to support.
He/She, however, is still required to support the
10.Expenses of Litigation between Spouses
other spouse and the family.
a. Expenses of these litigations are actions for
2. If consent is necessary for transaction but is
support by one spouse against the other or
withheld or otherwise unobtainable,
for support and custody of children, legal
authorization may be obtained from the court.
separation, and annulment of marriage.
b. If the spouse who files the case loses, the 3. Support for family will be taken from the ACP.
4. If ACP is insufficient, spouses shall be solidarily
ACP is not liable for the expenses incurred
liable.
during litigation.
5. If it is necessary to administer or encumber
separate property of spouse who left, spouse
ADMINISTRATION OF PROPERTY:
present may ask for judicial authority to do this.
6. If ACP is not enough and one spouse has no
Belongs to both spouses jointly. If they
separate property, spouse who has property is
disagree the husband’s decision prevails. However,
liable for support, according to provisions on
the wife has five years from the date of the
support.
decision to go to court for recourse. Otherwise, it is
presumed that she agreed with the husband’s
IN CASE OF ABANDONMENT (ART. 101):
decision. (Art. 96)
Present spouse may petition the court for:
EXCEPTION
a. receivership;
When the other spouse is incapacitated, or
b. judicial separation of property; or
unable to participate in the administration (e.g.
c. authority to be the sole administrator of the
when abroad).
absolute community, subject to
precautionary conditions that the court may
DISPOSITION OF PROPERTY:
impose.
Either spouse may, through a will, dispose
Spouse is prima facie considered to have
his/her interest in the community property. (Art.
abandoned the other spouse and the family if:

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1. he/she has left for a period of three months, C. Conjugal Partnership Of Gains
2. he/she has failed to inform his/her whereabouts
for a period of three months.
WHERE IT APPLIES:

1. For marriages before the implementation of the

PROCESS OF LIQUIDATION OF ACP (ART.
102):
1. Inventory of assets of ACP and of spouses,
with market values.
2. Obligations are paid with community
property, and separate obligations not charged
to ACP paid by respective assets of spouses.
3. Balance, or net remainder is divided equally
between the spouses, irrespective of how much
each brought into the community.
4. If obligations exceed the assets of the ACP,
nothing is divided. Creditors can go after the
separate properties of the spouses, which are
solidarily liable for the deficiency.
5. If personal obligations of a spouse exceed
his/her separate property, creditor can go after
the share of the spouse on the net remainder of
the ACP, without prejudice to the provisions of
law on forfeitures and delivery of
presumptive legitimes.
6. After covering all community obligations and
obligations of spouses, balance of separate
properties shall be delivered to respective
spouses or their heirs, and they will also
divide into two equal shares whatever is left of
the community assets, without prejudice to the
provisions of law on forfeitures and delivery of
presumptive legitimes.
RULES IN CASE OF TERMINATION OF
MARRIAGE BY DEATH OF ONE OF THE
SPOUSES (ART. 103):
1. The community property shall be liquidated
in the same proceeding for the settlement of
the estate of the deceased spouse.
2. If no such judicial settlement proceeding is
instituted, surviving spouse shall liquidate
the community property either judicially or
extra-judicially within one year from the death
of the deceased spouse.
Family Code.
2. For marriages after the Family Code, if agreed
to by the parties through a marriage
settlement.
HUSBAND AND WIFE PLACE IN COMMON
FUND:
1. The proceeds, products, fruits, and income of
their separate properties;
2. Everything acquired by them within marriage
through their own efforts;
3. Everything acquired by them by chance
Each spouse has his/her own property and
his/her own debts.
Upon dissolution of marriage or partnership,
the net gains or benefits from the partnership shall
be divided equally between the spouses, unless
they have agreed on another manner of division in
their marriage settlement.
In De Ansaldo v Sheriff of Manila, the
Supreme Court ruled that the spouses are not co-
owners of the conjugal properties during the
marriage and cannot alienate the supposed ½
interest of each in the said properties. The interest
of the spouses in the conjugal properties is only
inchoate or a mere expectancy and does not ripen
into title until it appears after the dissolution and
liquidation of the partnership that there are net
assets

PROCEDURE FOR LIQUIDATION OF

COMMUNITY PROPERTIES OF TWO
MARRIAGES (ART. 104):

1. Determine the capital, fruits, and income of

each community upon such proof as may be
considered according to the rules of evidence.
2. In case of doubt as to which community the
existing properties belong, they shall be divided
between two communities in proportion to the
capital and duration of each.

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V. Property Relations Between Spouses Persons and Family Relations
CPG VS. ACP:

CPG ACP

1. Property acquired Each spouse retains his/her property; only Properties become part of community
before marriage. fruits part of conjugal property property

2. Property acquired Part of conjugal property Becomes conjugal property.

during marriage

3. Upon dissolution of Separate properties are returned; net Net remainder of ACP divided equally
marriage profits divided equally between spouses or between spouses or heirs.
heirs.

4. Basis Capital and properties of spouses kept Mutual trust and confidence between
separate and distinct from benefits; spouses; fosters oneness of spouses
insurmountable obstacle to presumption
of solidarity

5. Liquidation Exclusive properties will have to be Easier to liquidate because net remainder
identified and returned, and sometimes, of community properties are simply
identification is difficult. divided between spouses or heirs

CPG VS. ORDINARY PARTNERSHIP:

CPG Ordinary partnership

1. Existence Exists with the mere fact of marriage Comes into existence according to
agreement between parties

2. Purpose, duration, Predetermined by legislator, the law fixing Determined by will of partners.
and rules its conditions.

3. Profits Divided equally between spouses, Depends upon respective capitals of

irrespective of the amount of capital that partners, or upon their agreement
they bring into marriage

4. Equality No equality between spouses in control, General rule is that all partners have equal
management, and disposition, because the rights in administration, management, and
law grants the husband some control of partnership.
predominance.

5. Personality No juridical personality Considered a juridical person

6. Commencement At precise moment of celebration of At the time agreed upon by partners

marriage

7. Regulation By law By agreement of parties; subsidiarily, by

law

8. Purpose Not particularly for profit For profit

9. Causes for Death, legal separation, annulment, JDN, Death, insolvency, civil interdiction,
dissolution judicial separation of property termination of term, express will of any
partner, etc. (Arts 1830-1931)

10. Effect of death of a Dissolution of partnership Surviving partners may choose to continue
partner partnership

11. Division of Only upon dissolution There can be division of profits without
properties dissolution

12. Management Joint; in case of disagreement, the Same as individual partners, except when
husband’s decision shall prevail, wife has one or more partners designated as
recourse to courts managers.

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V. Property Relations Between Spouses
EXCLUSIVE PROPERTIES OF THE SPOUSES:
PROPERTY BY DIRECT ACQUISITION, OR PROPERTY
THAT IS ORIGINALLY EXCLUSIVE
1. Property brought into marriage by each spouse
as his/her own – Art. 109(1)
2. Property acquired by either spouse during the
marriage by gratuitous title – Art 109 (2)
PROPERTY BY SUBSTITUTION
3. Property acquired by right of redemption, by
barter, or by exchange with property belonging
to either spouse – Art. 109 (3)
4. Property purchased with exclusive money of
either spouse- Art. 109 (4)
OTHER SEPARATE PROPERTY
5. Collection of credits belonging to one spouse
exclusively
6. Sale of separate property of a spouse
7. Indemnity paid in cash of expropriation of
separate property or under an insurance policy
covering separate property.
8. Possession does not affect ownership of
separate property.
Spouses retain ownership, possession,
administration, and enjoyment of their
exclusive properties (Art. 110).
Either spouse may transfer administration of
his/her exclusive property to the other, provided
that it is:
1. In a public instrument
2. Recorded in the registry of property of the place
where the property is located.
Rights to mortgage, encumber, alienate, or
dispose of his/her property belong to the owner-
spouse and are consequences of his/her right of
ownership. (Art. 111)
Owner-spouse can also appear alone in court
to litigate with respect to his/her exclusive
property. (Art. 111)
Alienation of exclusive property administered
by the other automatically terminates and the
administration over such property and the
proceeds of the alienation shall be turned over to
the owner-spouse. (Art. 112)
PRESUMPTION
All property acquired during the marriage,
whether the acquisition appears to have been
made, contracted or registered in the name of one
or both spouses, is presumed to be conjugal unless
the contrary is proved. (Art. 116)
PROPERTIES THAT COMPOSE CPG:
1. PROPERTIES ACQUIRED BY ONEROUS TITLE
DURING THE MARRIAGE AT EXPENSE OF COMMON
FUND (ART. 117 (1))
The test is the origin of the money invested in
the purchase; if it came from conjugal funds, the
property acquired is conjugal.
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Persons and Family Relations
2. PROPERTIES ACQUIRED THROUGH THE LABOR,
INDUSTRY, WORK, PROFESSION OF EITHER OR
BOTH SPOUSES (ART. 117 (2))
Include all income from work, labor or
industry, of either or both spouses, whether in the
form of wages, salaries, honoraria, practice of a
profession, income from business even if the
capital comes from the exclusive property of one of
the spouses, commissions, bonuses, etc.
3. FRUITS FROM COMMON PROPERTY, AND NET
FRUITS OF EXCLUSIVE PROPERTY OF EACH SPOUSE
(ART. 117 (3))
All kinds of fruits from conjugal properties as
well as the exclusive properties of the spouses,
whether natural, industrial, or civil, like young of
animals, produce of land, earnings from business,
etc.
But only net income or fruits of exclusive
property of the spouses become conjugal. The
expenses for production, administration, and
preservation should be taken from the gross fruits,
and the owner-spouse is entitled to retain the
gross income until these expenses are paid
If fruits were pending on separate, property of
a spouse at.the time of the marriage, the harvest
collected during the marriages is conjugal, and the
conjugal partnership is not bound to pay the
expenses, of cultivation to the spouse who owns
the property from which the fruits were harvested,
because the right of the conjugal partnership is a
real right of usufruct and therefore, the law on
usufruct should apply
4. SHARE OF EITHER SPOUSE IN HIDDEN TREASURE,
WHETHER AS FINDER OR OWNER OF PROPERTY
WHERE TREASURE IS FOUND (ART. 117(4))
Hidden treasure found by -the. spouses on the
property of either of them is conjugal.
If the owner of the property where the
treasure is found is one of the spouses and the
treasure is found by a stranger, the one-half share
of the owner of the property goes to, the conjugal
partnership.
If the property where the treasure is found
belongs to -a stranger and the treasure is found by
one of the spouses, the one-half share of the finder
is conjugal.
5. PROPERTIES ACQUIRED THROUGH OCCUPATION
SUCH AS FISHING OR HUNTING (ART. 117 (5))
These include wild animals caught by the
husband in the forest while hunting, and all kinds
of marine life caught while fishing.
The theory is that animals in the forest and
fishes in the ocean are res nullius and do not
belong to anyone, and if one of the spouses
catches any of them, the benefit is not his alone
but for the conjugal partnership.
V. Property Relations Between Spouses
6. LIVESTOCK EXISTING AT DISSOLUTION OF
PARTNERSHIP IN EXCESS OF WHAT IS BROUGHT BY
EITHER SPOUSE TO THE MARRIAGE (ART. 117 (6))
While Art. 159 of the Civil Code classifies as
conjugal all animals existing at the dissolution of
the partnership "exceeding" that brought to the
marriage by each spouse, this particular provision
of the Family Code considers, as conjugal all
"livestock existing at the dissolution of the
partnership in excess of each kind brought to the
marriage by either spouse."
7. PROPERTIES ACQUIRED BY CHANCE, SUCH AS
WINNINGS FROM GAMBLING OR BETTING (ART. 117
(7))
If a winning lottery or sweepstakes ticket is
bought by a spouse with his or her own money or
the ticket was given gratuitously by a friend, the
prize will be separate property of the spouse who
owns the ticket. If, however, the ticket is
purchased with conjugal funds, the prize will be
conjugal.
Presumption
A lottery or sweepstakes ticket acquired
during the marriage was bought with conjugal
funds, and the prize is therefore, conjugal.
SPECIAL CASES NOT INCLUDED IN ART. 117
Land obtained by either spouse or by both
through a loan is conjugal, and so is the
loan, and the spouses will be solidarily liable
for said loan with their separate properties if
later, the community property is not enough
to pay for the same.
» Where property' belonging to one spouse
is converted into another kind totally
different in nature from its original form
(e.g.; when, a nipa 'swamp is converted
into a fishpond), during the marriage the
converted property is conjugal in the
absence of proof that the expenses of
conversion were exclusively for the
account of the original owner-spouse. But
said owner-spouse is entitled to
reimbursement of the value of the original
property from the conjugal partnership
Money received under the Social Security
Act is not conjugal, although-the employee-
spouse contributes to the SSS with his
salaries, but belongs to the designated
beneficiary under the Social Security Law
Intellectual property, like copyright or
patent, should, according to Tolentino, citing
Planiol and Ripert, be considered separate
property of the spouse who produces or
invents or discovers it, this property being of a
special type, almost a part of one's person or
taken from his personality and the physical or
external manifestation of his intellect or
genius, that it is not simply a product of one's
work or industry but should be considered as
pertaining exclusively to its creator
Business property like trade-marks, trade
names, service marks, business goodwill, and
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similar kinds of property are, however, merely
accessories to some commercial establishment
or product, so that if such establishment or
product is separate property of one spouse,
then the business property is separate
property, the same being an accessory that
follows the principal; but all benefits or
earnings derived from these different kinds of
property during the marriage should belong to
the conjugal property (Tolentino, id., citing
the same authority).
PROPERTIES PURCHASED BY INSTALLMENT
If the property was bought on installment by a
spouse before the marriage and the
contract of sale is such that ownership was
already vested on the buyer-spouse at the
time of the execution of the contract, the
property is EXCLUSIVE PROPERTY of said
buyer-spouse, even if installments on the
price up to full payment came from the
conjugal funds. The amounts paid by the
conjugal partnership shall, however, be
reimbursed to it by the owner-spouse at the
time of the liquidation of the partnership.
If, however, the contract of sale on
installment is such that ownership did not vest
on the buyer at the time of the execution of
the sale and ownership vested only after
the whole price was paid during the
marriage and out of conjugal funds, the
PROPERTY IS CONJUGAL but the
partnership shall reimburse the buyer-spouse
the installments paid by him or her before the
marriage.
In Lorenzo v. Nicolas, it was held that
property bought on installment by either spouse
before the marriage and was fully paid only after
the marriage but ownership had vested on the
buyer spouse before the marriage, is separate
property of the buyer-spouse, although the
installments paid by the conjugal partnership
during the marriage must be reimbursed to it upon
liquidation.
CHARGES UPON CPG (ART. 121) [CF.
CHARGES TO ACP]:
1. The support of the spouse, their common
children, and the legitimate children of either
spouse; however, the support of illegitimate
children shall be governed by the provisions of
this Code on Support;
2. All debts and obligations contracted during the
marriage by the designated administrator-
spouse for the benefit of the conjugal
partnership of gains, or by both spouses or by
one of them with the consent of the other;
3. Debts and obligations contracted by either
spouse without the consent of the other to the
extent that the family may have benefited;
4. All taxes, liens, charges, and expenses,
including major or minor repairs upon the
conjugal partnership property;
V. Property Relations Between Spouses
5. All taxes and expenses for mere preservation
made during the marriage upon the separate
property of either spouse;
6. Expenses to enable either spouse to commence
or complete a professional, vocational, or other
activity for self-improvement;
7. Ante-nuptial debts of either spouse insofar as
they have redounded to the benefit of the
family;
8. The value of what is donated or promised by
both spouses in favor of their common
legitimate children for the exclusive purpose of
commencing or completing a professional or
vocational course or other activity for self-
improvement; and
9. Expenses of litigation between the spouses
unless the suit is found to groundless.
If the conjugal partnership is insufficient to
cover the foregoing liabilities, the spouses shall be
solidarily liable for the unpaid balance with their
separate properties.
ADMINISTRATION OF THE CPG:
Husband and wife are joint administrators of
the family properties and exercise joint authority
over the persons and properties of their children
Same provisions as those of Art. 96 (admin.
of the ACP)
WHEN ONE SPOUSE IS INCAPACITATED OR UNABLE TO
PARTICIPATE IN ADMINISTRATION
The other spouse may assume sole powers of
administration in the event that one spouse is
incapacitated or otherwise unable to participate in
the administration of the CPG.
However, these sole powers of administration
do not include disposition or encumbrance (as
these are acts of ownership or dominion)
To be able to dispose or encumber properties
of the CPG, either of the following is necessary:
a. authority of the court; or
b. written consent of the other spouse.
In the absence of said judicial authority or
written consent, the disposition or encumbrance
shall be void.
ENJOYMENT OF THE CPG:
1. The enjoyment of the CPG shall belong to both
spouses jointly.
2. Either spouse may enjoy or use the properties
of the CPG like a beach house or a family car as
long as the use is in accordance with the
purpose of the thing without injuring it and the
other spouse is not prevented from likewise
using it.
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DISPOSITION OR ENCUMBRANCE OF THE
CPG:
DISPOSITION OF PROPERTY
Alienation of said property in any form, such
as sale, donation, or assignment.
ENCUMBRANCE OF PROPERTY
Includes a real estate mortgage of immovable
property or a chattel mortgage or pledge of
personal property of the CPG.
Disposition or encumbrance of conjugal
property requires the consent or approval by both
spouses.
Mere awareness of a transaction is NOT
consent
If the consent cannot be obtained or unjustly
withheld, then the other spouse may bring the
matter to court and secure judicial authority for
said disposition or encumbrance.
If there is no consent of the other spouse nor
judicial authority, the disposition or encumbrance
shall be void.
DISPOSITION BY WILL
Same rule as Art. 97: Either spouse may
dispose by will of his interest in the ACP. (but there
is no provision specifically for CPG).
DISSOLUTION OF CPG (ART. 128):
1. Prepare inventory, listing separately all the
properties of the conjugal partnership and the
exclusive properties of each spouse.
2. Amounts advanced by the conjugal
partnership in payment of personal debts and
obligations of either spouse shall be credited
to the conjugal partnership.
3. Each spouse shall be reimbursed for the use
of his or her exclusive funds in the acquisition of
property or for the value of his or her exclusive
property, the ownership of which has been
vested by law in the conjugal partnership.
4. The debts and obligations of the conjugal
partnership shall be paid out of the conjugal
assets. In case of insufficiency of said assets,
the spouses shall be solidarily liable for the
unpaid balance with their separate properties,
in accordance with the provisions of paragraph
2 of Article 121.
5. Whatever remains of the exclusive properties
of the spouses shall thereafter be delivered to
each of them.
6. Unless the owner had been indemnified from
whatever source, the loss or deterioration of
movables used for the benefit of the family,
belonging to either spouses, even due to
fortuitous event, shall be paid to said spouse
from the conjugal funds, if any.
7. The net remainder of the conjugal partnership
properties, or the profits, which shall be
divided equally between husband and wife,
unless a different proportion or division was
agreed upon in the marriage settlements or
V. Property Relations Between Spouses
unless there has been a voluntary waiver or
forfeiture of such share as provided in this
Code.
EFFECTS OF DISSOLUTION
Whatever is acquired by the surviving spouse
after the termination of the CPG forms part of his
or her exclusive property.
An obligation incurred by a surviving spouse
after the death of the other spouse, can no longer
be charged against the property of the CPG which
has been terminated by such death.
ALIENATION BY SURVIVORS
If it becomes necessary to pay outstanding
obligations of the CPG after the death of one of the
spouses, a sale may be made of a portion of the
CPG, provided the sale is made in the manner and
with the formalities established by the Rules of
Court for the sale of property of deceased persons.
Such disposition cannot include the half that
may be adjudicated to heirs of the deceased
spouse. This rule applies not only to sale, but also
to mortgages.
RIGHTS OF THIRD PERSONS
Dissolution of the conjugal property must be
recorded in the registry of property in order to
affect third persons dealing with registered
property.
When third persons are in connivance with the
surviving husband or knowingly lend their aid,
directly or indirectly to the commission of
fraudulent acts by the husband, the court will see
to it that they do not profit by their misconduct,
and the fraud to which they are parties will vitiate
and annul all their transactions.
The purchaser in good faith must be held to
take a good and valid title which cannot be set
aside thereafter upon proof that in making the
sale, or in the use made of the proceeds, the
husband acted in fraud of the rights of the heirs.
The heirs must seek their remedy against the
husband.
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Persons and Family Relations
METHODS OF LIQUIDATION
1. by extra-judicial partition between the husband
and wife or their heirs
2. by an ordinary action for partition
3. by testate and intestate proceedings
D. Separation of Properties During
Marriage
When there is no stipulation between the
parties, Separation of Properties takes place only
upon judicial order. (Art. 134).
Judicial separation of properties may be
voluntary or because of a sufficient cause.
SUFFICIENT CAUSES FOR JUDICIAL
SEPARATION OF PROPERTIES (ART. 135):
1. Spouse of the petitioner has been sentenced
to a penalty which carries with it civil
interdiction.
2. Spouse of the petitioner has been judicially
declared an absentee.
3. Loss of parental authority of the spouse of
petitioner has been decreed by the court.
4. Spouse of the petitioner has abandoned the
latter or failed to comply with his or her
obligations to the family.
5. The spouse granted the power of
administration in the marriage settlements
has abused that power.
6. At the time of the petition, the spouses have
been separated in fact for at least one year
and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2)
and (3), the presentation of the final judgment
against the guilty or absent spouse shall be enough
basis for the grant of the decree of judicial
separation of property.
In cases provided for in numbers (4), (5), and
(6), a preponderance of evidence is required to
secure a judicial separation of property.
V. Property Relations Between Spouses Persons and Family Relations
CPG Absolute Community
AFTER JUDICIAL SEPARATION OF PROPERTY
ACP or CPG will be liquidated, according to the What gets Only the net Entire common mass of
provisions of the Family Code. (Art. 137) divided profits property which remains
between the after the payments of
REVIVAL OF PROPERTY REGIME IN THE FF. spouses? the debts and
INSTANCES (ART. 141): obligations of the
absolute community
1. When the civil interdiction terminates.
2. When the absentee spouse reappears. Why? Spouses All the separate
3. When the court, being satisfied that the spouse retain their properties of the
granted the power of administration in the separate spouses before the
marriage settlements will not again abuse properties marriage become part
that power, authorizes the resumption of said which do not of the community
administration. become part property.
4. When the spouse who has left the conjugal of the - each spouse loses
home without a decree of legal separation conjugal ownership of whatever
resumes common life with the other; properties properties he/she
5. When parental authority is judicially brought to the
restored to the spouse previously deprived marriage.
thereof;
6. When the spouses who have separated in fact ADMINISTRATION:
for at least one year, reconcile and resume
common life. Each spouse shall own, dispose, possess,
7. When after voluntary dissolution of the absolute administer, and enjoy his/her own estate, without
community of property or conjugal partnership need for consent of the other. (Art. 145)
has been judicially decreed upon the joint
petition of the spouses, they agree to the FAMILY EXPENSES:
revival of the former property regime. No
voluntary separation of property may thereafter Each spouse shall contribute to the family
be granted. expenses, in proportion to their income. In case of
insufficiency, the market value of their separate
TRANSFER OF ADMINISTRATION TO THE properties. (Art. 146)
OTHER SPOUSE WHEN (ART. 142):
Liability of spouses to the creditors of the
1. When one spouse becomes the guardian of the family shall be SOLIDARY. (Art. 146, par. 2)
other.
2. When one spouse is judicially declared an
absentee. F. Unions Without Marriage
3. When one spouse is sentenced to a penalty
which carries with it civil interdiction. UNIONS GOVERNED BY ARTICLE 147:
4. When one spouse becomes a fugitive from
justice or is in hiding as an accused in a criminal 1. When a man and a woman capacitated to marry
case. each other live exclusively with each other as
husband and wife without the benefit of
If the other spouse is not qualified by reason marriage
of incompetence, conflict of interest, or any other 2. A man and a woman living together under a
just cause, the court shall appoint a suitable void marriage (inapplicable to bigamous
person to be the administrator. marriage)

E. Regime of Separation of Property
GOVERNED BY:
Marriage settlements; provisions of the Code
are only suppletory. (Art. 143)
KINDS OF SEPARATION (ART. 144):
1. Present Property, Future Property, Both
2. Total separation, Partial separation (remaining
property is considered part of the absolute
community)
REQUISITES
1. The man and the woman must have capacity to
marry each other.
2. The man and the woman cohabit.
3. The cohabitation is exclusive.
4. The man and the woman are not married to
each other or are married to each other but the
marriage is void.
CO-OWNERSHIP IN
1. Wages and salaries earned by either spouse
during the cohabitation.
2. Properties acquired by them through their joint
work or industry during the cohabitation.
Presumption – properties acquired during
the cohabitation are presumed to have been
acquired through their joint efforts, work or
industry

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V. Property Relations Between Spouses Persons and Family Relations

The same rules on forfeiture shall apply if

Party who did not participate in the acquisition both parties are in bad faith.
by the other party of any property shall be deemed
to have contributed jointly in the acquisition
thereof if the forger’s efforts consisted in the care
and maintenance of the family and of the
household

If the partner did not acquire the property

directly, that partner's efforts must consist of the
care and maintenance of the family and of the
household in order for such party to own 1/2 of the
acquired property.

In Maxey vs. CA, the Supreme Court said

that the co-ownership arises even if the common-
law wife does not work is not gainfully employed.
The common-law wife is still a co-owner since she
ran the household and held the family purse even if
she did not contribute thereto

RULES
Parties cannot encumber or dispose by acts
inter vivos their share in the property acquired
during their cohabitation until termination

In case of void marriage – if only one party is

in good faith, the share of the spouse who is in bad
faith shall be forfeited
1. In favor of their common children
2. 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
3. In the absence of such descendants, such share
belongs to the innocent party

UNIONS GOVERNED BY ARTICLE 148

People incapacitated to marry each other

1. Bigamous marriages
2. Adulterous relationships
3. Relationships in a state of concubinage
4. Relationships where both man and woman are
married to other persons
5. Multiple alliances of the same married man

RULES
Only properties acquired by the parties
through their actual joint contribution of money,
property or industry shall be owned in common in
proportion to their respective contributions.

Presumption
Contributions and share of the parties to the
properties acquired during the cohabitation are
equal.

If one party is validly married to another:

1. His/her share in the co-owned properties will
accrue to the ACP/CPG of his/her existing valid
marriage
2. If the party who acted in bad faith is not validly
married to another, his/her share shall be
forfeited in the same manner as that provided
in Art 147

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VI. The Family
VI. THE FAMILY
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.
GENERAL RULE:
For a suit between members of the same
family shall prosper, the following are required:
1. Earnest efforts towards a compromise have
been made
2. Such efforts have failed
3. Such earnest efforts and the fact of failure must
be alleged
Without these 3, the case will be dismissed.
EXCEPTION:
Cases which cannot be compromised. (Article
2035):
1. civil status of persons,
2. validity of marriage or a legal separation,
3. any ground for legal separation,
4. future support,
5. jurisdiction of courts,
6. future legitime
The Family Home
DEFINITION
Dwelling place of a person and his family
A real right, which is gratuitous, inalienable,
and free from attachment, constituted over the
dwelling place and the land on which it is situated,
which confers upon a particular family the right to
enjoy such properties, which must remain with the
person constituting it and its heirs
The house and lot must be owned by the
person who constitutes it as it ins in the nature of
the family home to be permanent
To constitute the family home, there must be
actual occupancy with the intention of dedicating
the premises for such purpose
Cannot be constituted upon premises
permanently used for business purposes
Exempted from execution, forced sale, and
attachment
LIMITATIONS:
1. Each family can have only one family home. No
other family home can be established without
first dissolving the existing one.
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2. The family home can be constituted only on the
dwelling place and therefore in the locality
where the family has its domicile.
3. The value of the family home must not exceed
the limit fixed by law
HEAD OF THE FAMILY:
Every person who is residing in the dwelling
house with him or her, and under his or her care
and maintenance, any of the following:
1. His or her minor child, grandchild or child of his
or her deceased wife or husband;
2. A minor brother or sister or a minor child of a
deceased brother or sister;
3. The father, mother, grandfather, grandmother
of a deceased husband or wife
4. An unmarried sister or any other of the relatives
mentioned who has attained the age of majority
but is unable to take care or support himself.
BENEFICIARIES OF THE FAMILY HOME (ART.
154):
1. The husband and wife, or an unmarried person
who is the head of the family.
2. Their parents, ascendants, descendants,
brothers and sisters, legitimate or illegitimate,
who are living in the family home and who
depend upon the head of the family for legal
support.
REQUISITES TO BE A BENEFICIARY
1. The relationship is within those enumerated
2. They live in the family home
3. They are dependent for legal support on the
head of the family
EXCEPTIONS IN THE EXEMPTION OF THE
FAMILY HOME FROM EXECUTION (ART. 156):
1. Nonpayment of taxes.
2. Debts incurred prior to the constitution of the
family home.
3. Debts secured by mortgages on the premises
before or after such constitution.
4. Debts due to laborers, mechanics, architects,
builders, materialmen and others who have
rendered service or furnished material for the
construction of the building.
OTHER RULES
The family home must be part of the
properties of the ACP or CPG, or of the
exclusive properties of either spouse. (Art.
156)
Property that is the subject of a conditional
sale on installments where ownership is
reversed by the vendor only to guarantee
payment of the purchase price may be
constituted as a family home (Art. 156 (2)).
Value: shall not exceed P300,000 for urban
areas, P200,000 for rural areas, at the time of
the constitution (Art. 157)
» Urban Areas: chartered cities and
municipalities whose annual income at
VI. The Family
least equals that legally required for
chartered cities.
» Rural Areas: all other municipalities.
SELLING THE FAMILY HOME (ART. 158)
Family home may be sold, alienated, donated,
assigned, or encumbered by the owners.
REQUIREMENTS
1. the written consent of the person constituting it,
2. his/her spouse, and
3. majority of the beneficiaries of legal age.
4. If there is a conflict, the Court will decide.
IN CASE OF DEATH (ART. 159):
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 as long as
there is a minor beneficiary.
The heirs cannot partition the home unless the
court finds compelling reasons therefor.
REQUISITES FOR CREDITOR TO AVAIL OF THE
RIGHT UNDER ARTICLE 160:
1. He must be a judgment creditor;
2. His claim is not among those excepted under
Article155, and
3. He has reasonable grounds to believe that the
family home is worth more than the maximum
amount fixed in Article 157
PROCEDURE TO AVAIL OF RIGHT UNDER
ARTICLE 160:
1. The creditor must file a motion in the court
proceeding where he obtained a favorable for a
writ of execution against the family home.
2. There will be a hearing on the motion where the
creditor must prove that the actual value of the
family home exceeds the maximum amount
fixed by the FC either at the time of its
constitution or as a result of improvements
introduced thereafter its constitution.
3. If the creditor proves that the actual value
exceeds the maximum amount the court will
order its sale in execution.
4. If the family home is sold for more than the
value allowed, the proceeds shall be applied as
follows:
a. First, the obligation enumerated in Article
155 must be paid
b. Then the judgment in favor of the creditor
will be paid, plus all the costs of execution
c. The excess, if any, shall be delivered
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VII. PATERNITY AND FILIATION
A. Definition
PATERNITY
The relationship or status of a person with
respect to his or her child (paternity includes
maternity).
FILIATION
The status of a person with respect to his or
her parents.
TYPES OF FILIATION
1. Natural
a. Legitimate (Art. 164)
b. Illegitimate (Arts.165, 175, 176)
c. Legitimated (Arts. 167-172)
2. By Adoption (R.A. No. 8552 (“Domestic
Adoption Act”) and R.A. No. 8043 (“Inter-
country Adoption Act”))
3 TYPES OF LEGITIMATE CHILDREN
1. Legitimate proper
2. Legitimated
3. Adopted
2 TYPES OF ILLEGITIMATE CHILDREN
1. Children of parents disqualified to marry each
other at conception and marriage.
2. Children of parents qualified to marry each
other
Only this kind can be legitimated by
subsequent marriage.
B. Legitimate Children
DEFINITION
conceived OR born DURING marriage
conceived during, born after
conceived before, born during
conceived AND born during
Any child born conceived or born during
marriage of parents (Art. 160)
ARTIFICIAL INSEMINATION
Impregnation of a female with the semen
from a male without sexual intercourse
It may be:
1. of the husband (AIH –homologous artificial
insemination) - LEGITIMATE
2. of a donor (AID –heterologous artificial
insemination) – LEGITIMATE IF RULES ARE
FOLLOWED
3. combination of the husband’s and a donor’s
(AIC –confused or combined artificial
insemination)
TOLENTINO: If the consent is not written, favor of
legitimacy; written consent not essential, other
VII. Paternity and Filiation Persons and Family Relations

evidence is OK (analogous to marriage certificates) 3. Consent in artificial insemination is

FOR CHILD BORN THROUGH AID TO BE LEGITIMATE defectively secured
(ART. 160): The only person who can impugn the
1. Both must authorize/ratify legitimacy of the child on this ground is only the
2. in a written instrument husband. Wife is barred because of Articles 167,
3. signed before birth of child 170, and 171.
4. Registered in civil registry together with
certificate. RULE UNDER THE CIVIL CODE (IMPUGNING
LEGITIMACY OF A CHILD)
IN VITRO FERTILIZATION
An ovum of another woman is used.  NOT There is only one kind of proof (same 120-300
covered by the Family Code. day rule)
It does not take into account the modern
advances in science and technology.
PROF. AGUILING-PANGALANGAN: AI provides a
remedy for impotent men. There is no remedy for
THE CHILD IS CONSIDERED LEGITIMATE
women as surrogacy is forbidden.
ALTHOUGH:

C. Impugning Legitimacy The mother may have declared against its

legitimacy;
GROUNDS TO IMPUGN LEGITIMACY OF A The mother may have been sentenced as an
CHILD: adulteress (Art. 167)

1. PHYSICAL IMPOSSIBILITY REASONS FOR RULE

It was impossible for the husband to have sex 1. The mother, in a fit of anger or to arouse
with his wife within the first 120 days (period of jealousy on the part of the husband, might have
conception) of the 300 days which immediately declared against the child’s legitimacy, even if
preceded the birth of the child because of: such declaration is untrue.
a. Physical incapacity – impotence, not 2. Even the wife, who has had carnal knowledge
sterility. This presumption is so strong that with her husband and with her paramour, would
evidence must be so convincing to justify the not be able to tell with certainty who is the real
bastardization (there really is this term) of father of her child.
the child. In the case of Tarleton v. 3. The husband, whose honor is offended, might
Thompson, the guy’s penis was cut off but have been able to obtain from his wife through
the court still declared him to be the father coercion a confession of her guilt of adultery,
since even if cut, it was still 3 inches long but this does not mean that the child begotten
(long enough to be able to copulate). by her is not that of her husband.
b. Living Separately – Mere remoteness is not
sufficient. TOLENTINO: This provision applies to the child of a
c. Serious Illness – Illness must be serious to wife who was raped.
absolutely prevent him from having sex.
IN CASE OF TWO MARRIAGES OF MOTHER
WHY? Because if it is impossible for the (ART. 168):
husband to have sex with his wife during the said
Termination of Celebration of 180 days after
period of 120 days, the child could not be his st nd nd 300 days after
1 marriage 2 marriage celebration of 2
legitimate child. termination of 1
st

marriage
marriage

2. Biological or other scientific grounds

a. Blood grouping tests – can determine non-
paternity but not paternity (ex. A-B-O test).
b. Human Leukocyte Antigen Test (HLA) – can st nd
Child of the 1 Child of the 2
prove identity between child and father with marriage marriage
a probability exceeding 98%.
c. DNA test For the child to be considered the child of the
d. Vasectomy st
1 husband, the following requisites must concur:
SEMPIO-DIY: A double vasectomy, 1. The mother must have married again within
together with other pieces of evidence, can 300 days from the termination of her first
show the impossibility of the alleged father marriage
siring his supposed child. 2. The child was born within the same 300
days after the termination of the former
STA. MARIA: The fact that the husband marriage of its mother
has undergone vasectomy is not enough 3. The child was born before 180 days after the
nd
proof to rebut the presumption of solemnization of its mother's 2 marriage
legitimacy (Cocharan v. Cocharan).
For the child to be considered the child of the
nd
2 husband, the following requisites must
concur:

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VII. Paternity and Filiation
1. The mother must have married again within
300 days from the termination of the marriage
2. The child was born within the same 300
days after the termination of its mother's first
marriage
3. The child was born after 180 days following
the solemnization of its mother's second
marriage
The first marriage must be terminated either
by death or annulment.
There is no presumptive rule on the status of
a child born after 300 days following the
termination of the marriage. (Art. 169)
Reason: 300 days is the longest period of
gestation.
WHO CAN IMPUGN THE LEGITIMACY OF A
CHILD?
Only the HUSBAND. His heirs can only impugn
the legitimacy of a child born to his wife when:
1. The husband died before the expiration of the
period fixed for bringing his action;
2. He died after the filing of the complaint without
having desisted therefrom; or
3. The child was born after the death of the
husband (Art. 171)
REASON
To allow other people, especially those not
belonging to the family where the child was born,
to bring an action to impugn the legitimacy of such
child, would be to invite other actions, with or
without basis, by those whose only purpose is to
break up a family to satisfy a jealous or revengeful
feeling.
In Sayson v CA, the Court held that the
legitimacy of a child cannot be attacked collaterally
or by way of defense to any action or proceeding
filed for a different purpose. The status of a child
can be questioned only in a direct action or
proceeding filed under this Article
WHEN TO IMPUGN THE LEGITIMACY OF A
CHILD (ART. 170):
1. Within 1 year – from knowledge of the birth or
its recording in the civil register, if the impugner
resides in the city or municipality where the
birth took place or was recorded;
2. Within 2 years – from knowledge of the birth
or its recording in the civil register, if the
impugner resides in the Philippines other than
in the city or municipality where the birth took
place or was recorded;
3. Within 3 years – from knowledge of the birth
or its recording in the civil register, if the
impugner resides abroad,
If the birth of the child has been concealed
or was unknown to the husband or his heirs, the
above periods shall be counted:
1. From the discovery or knowledge of the birth of
the child
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2. From the discovery or knowledge of the fact of
registration of the birth, whichever is earlier.
Article 170 is not applicable if the action is not
to impugn the legitimacy of a child but to have the
child declared not a child of the alleged mother and
not her legal heir.
PROOFS OF FILIATION (ART. 172):
1. The record of birth appearing in the civil
register or a final judgment.
2. An admission of legitimate filiation in a
public document or a private handwritten
instrument and signed by the parent concerned.
Or, in their Absence:
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.
A child can claim legitimacy anytime in his
life. In case of insanity or when the child dies as a
minor, the right shall be transmitted to the heirs.
In this case they have five years to institute action.
(Art. 173)
RIGHTS OF LEGITIMATE CHILDREN (ART.
174):
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.
D. Illegitimate Children
Children born outside of a valid marriage are
illegitimate. (Art. 165)
PROOF OF FILIATION
The same as legitimate children (Art. 175)
RIGHTS OF ILLEGITIMATE CHILDREN (ART.
176)
1. To bear the surname of their mother and
FATHER(the right to use the father’s surname is
granted to them through RA 9255, thereby
amending Art. 176)
Requirement to use father’s Surname
» Acknowledgement from father through:
▪ The birth certificate;
▪ A public document; or
▪ A private handwritten instrument;
2. To receive support from their parents,
ascendants, and in proper cases, their brothers
and sisters; and
3. To the legitime and other successional rights
granted by law to legitimate children.
VII. Paternity and Filiation Persons and Family Relations

4. IMPUGNING: Only those who are prejudiced

The decision in Mossesgeld v CA, decided in by their rights, within five years from the time
1998, where the Court ruled that the child should of the cause of action accrues. (Art. 182)
be registered in the civil registry under the
surname of the mother, regardless of the
acknowledgement of the father, cannot now be
followed because of the right granted to illegitimate
children by RA 9255.
E. Legitimated Children

LEGITIMATION:

Remedy by means of which those who in fact

were not born in lawful wedlock and should
therefore be considered illegitimate children are BY
FICTION considered legitimate children, it being
supposed that they were born when their parents
were validly married.

It is an act by which the quality of a legitimate

child is conferred upon an illegitimate child.

A product of NATURE AND LAW.

Legitimation takes place by a subsequent valid

marriage between the parents. Annulment in the
future does not affect legitimacy.(Art. 178)

COMPARED TO ADOPTION

Adoption
Law merely creates by fiction a relation which
did not in fact exist.

Legitimation
Law merely makes legal what exists by
nature.

WHO CAN BE LEGITIMATED (ART. 177):

1. Child who is conceived and born outside of

wedlock; and
2. At the time of conception, the parents were not
disqualified by any impediment to marry each
other.
i.e. children those who are not disqualified by any
impediment to marry each other

CHILDREN OF FOLLOWING CANNOT BE LEGITIMATED

(BECAUSE OF IMPEDIMENT)
1. Adulterous relationships
2. Incestuous relationships
3. Bigamous relationships
4. Void marriages by reasons of public policy
under Art. 38

RULES:

1. RIGHTS: Legitimated children shall enjoy the

same rights as legitimate children (Art. 179)
2. RETROACTIVITY: The effects of legitimation
shall retroact from the time of the child’s birth.
(Art. 180)
3. DEATH OF CHILD: When the child dies before
the celebration of the marriage, their
legitimation shall benefit their descendants.
(Art. 181)

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VIII. Adoption Persons and Family Relations

VIII. ADOPTION
*Provisions of the Family Code have been amended by RA 8049 (Inter-Country Adoption
Act0 and RA 8552(Domestic Adoption Act)

A. Definition

A juridical act which creates between two persons a relationship similar to that which results from
legitimate paternity and filiation.

ADOPTION VS. LEGITIMATION:

SIMILARITIES
Both are given status of a child born in lawful wedlock of the parents adopting or legitimizing it.

DIFFERENCES

LEGITIMATION ADOPTION

Persons Only natural Generally applies to

affected children strangers

Procedure Extrajudicial acts of Always by judicial

parents decree

Who Only by both By one parent alone

applies parents

Effect Same status and Creates a rel. only

rights as a between the child
legitimated child and the adopting
not only in rel. to parent
the legitimizing
parents but also to
other relatives

ADOPTION ONLY BY JUDICIAL DECREE:

It is a juridical act, a proceeding in rem

Only an adoption made through the court or in pursuance with procedure laid down under Rule 99 of the
Rules of Court is valid in this jurisdiction. Cannot be granted administratively.
A mere agreement between adopter and parents is neither a valid adoption, nor the mere fact that child
has lived with the alleged adopter who has treated him like his own child sufficient to establish a valid
adoption.
Fact of adoption is not presumed but must be affirmatively proved by the person claiming its existence
(through the juridical decree).

B. Who may adopt

Under the Civil Code, persons who have already children of their own cannot adopt anymore, unless they
are adopting their own illegitimate children in order to elevate their status, the reason being that, the old
concept of adoption considered it mainly for the benefit of persons who have not been blessed with children or
who have lost them.

NOTE: texts in bold indicate provisions which are changed by RA 8552)

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VIII. Adoption
FAMILY CODE
Art. 183
1. person of age (18)
2. in possession of fully civil capacity & legal
rights
3. in a position to support & care for his kids in
keeping w/means of the family
4. at least 16yrs older than person to be adopted
unless the adopter is the parent by nature or
sp of legitimate parent of person to be
adopted
5. spouses jointly/married person w/consent of
sp except:
a. when 1 seeks to adopt his own illegit child
b. when 1 sp seeks to adopt the legit child of
other
6. not disqualified under FC 184
Full civil rights
–
must have no curtailment of civil rights so that he
could fully exercise parental authority
– must not be suffering from limitations on capacity
to act such as minority, insanity or imbecility, deaf-
mutism, prodigality, and civil interdiction.
No prohibition for relatives to adopt one another, except
in cases enumerated
Permits the adoption of illegitimate children by their
own parents because if the latter want to make
amends, they should be encouraged. It shall raise the
child to a legitimate status.
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the
approval of the final accounts rendered upon the
termination of their guardianship relation;
(2) Any person who has been convicted of a crime
involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to adopt a
relative by consanguinity; *
(b) One who seeks to adopt the legitimate child of his
or her Filipino spouse; or *
(c) One who is married to a Filipino citizen and seeks
to adopt jointly with his or her spouse a relative by The adopted or adopter may be single or married,
consanguinity of the latter.*
Aliens not included in the foregoing exceptions may Age difference of 16 years
adopt Filipino children in accordance with the rules on
inter-country adoptions as may be provided by law.
(28a, E. O. 91 and PD 603)
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RA 8522
Sec. 7
a) Any Filipino citizen:
oof legal age
oin possession of full civil capacity & legal rts
oof good moral character*
onot been convicted of any crime involving
moral turpitude
oemotionally & psychologically capable of
caring for children*
oin a position to support & care for his/her
kids in keeping w/means of the family
oat least 16 yrs older than adoptee and who is
in a position to support and care for
his/her children in keeping with the
means of the family. 16 years difference
may be waived when adopter is biological
parent or is the sp of the adoptee’s parent
b) Any alien possessing the same qualification as
above stated for Filipino nationals, provided that:
1. his country has diplomatic relations w/ RP
2. living in the Phil for at least 3yrs prior to
filing until decree’s entered
3. certified by his diplomatic/consular office
or any appropriate agency that he has leg
capacity to adopt in his country
4. his gov’t allows adoptee to enter his
country as his adopted child
5. conditions may be waived for ff:
a. former Filipino citizen seeks to
th
adopt relative w/in 4 degree of
consanguinity/affinity*
b. one who seeks to adopt legitimate
child of his/her Filipino sp*
c) guardian with respect to the ward after
termination of guardianship & clearance of his
financial accountabilities
Husband &Wife shall jointly adapt except in the ff
cases:
a.if 1 sp seeks to adopt legit child of other
b.if 1 sp seeks to adopt his own illegitimate
child w/consent of other spouses
c. spouses are legally separated*
In case husband and wife jointly adopt, or one
spouse adopts the illegitimate son/daughter of
the other, joint parental authority shall be
exercised by the spouses.
but if married, the consent to the adoption of his or
her spouse is needed.
- to give assurance that adopter has the sufficient
maturity to fill the role of a parent to the
adopted child. Also, to approximate natural
filiation as much as possible.
VIII. Adoption
Aliens –
stricter in adoption by aliens compared
to PD 603 because children adopted by
aliens suffered cultural and psychological
shock and could not adjust to their new
lives in the foreign countries
Some pedophiles simply abandoned
the children after they had satisfied
their sexual desires on them in their
foreign homes
Alleged cases where children were
killed for organ transplants in the
foreign countries.
By restricting, there is some
assurance that adopted children will
receive love, care and protection
Art. 185
H & W must jointly adopt except:
a. when 1 sp seeks to adopt his own
illegit child
b. when 1 sp seeks to adopt legit child
of the other
Art. 186
in case sps jointly adopt or 1 sp adopts legit
child of other, joint parental authority shall
be exercised in accordance w/FC
Husband and wife may jointly adopt a child.
However, it is not obligatory. One spouse can
adopt alone, but the consent of the other is
required.
If they adopt jointly, they shall have joint
parental authority over the adopted child.
Reason: to prevent dissension between
spouses.
TOLENTINO: Legal separation terminates the
common life between spouses and the reason for
requiring the consent of one spouse for the
adoption made by the other no longer exists
C. Who may be adopted
FAMILY CODE
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No conviction of crime involving moral turpitude
– adopter should be morally qualified to do so. Conviction
is necessary bec. Of the presumption of innocence.
Pardon does not remove disqualification.
Emotionally and psychologically capable and in a position
to support family in keeping with the means
– parent assumes all duties and responsibilities of rearing,
caring, educating, supporting and molding the
character of child for the development of his character
and well-being. A person who is rich but too old or too
week should not be allowed.
Aliens
- Liberalized the restrictions on adoption by aliens imposed
by the Family Code.
- Aliens may now adopt subject to the conditions/provided
that qualifications are satisfied.
Adoption by H & W
- “one spouse adopts the illegitimate child of the other” -
in this case, only one is the adopter, although with the
consent of the other spouse.
- If spouses are legally separated, no need for joint adoption
and the consent of the other is not necessary.
Guardians
- may adopt both under FC and RA 8522 provided that
guardianship is terminated and he has been cleared of
his financial accountabilities.
Reason: to prevent guardian who has misused or
misappropriated the funds or properties of his ward to resort to
adopting his ward to avoid an accounting of such funds or
properties and possible criminal action.
RA 8522
VIII. Adoption
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a
child by nature of the adopter or his or her spouse,
or, prior to the adoption, said person has been
consistently considered and treated by the adopter
as his or her own child during minority.
(2) An alien with whose government the Republic
of the Philippines has no diplomatic relations; and
(3) A person who has already been adopted unless
such adoption has been previously revoked or
rescinded. (30a, E. O. 91 and PD 603)
Plurality of Adoption – A person cannot have two
adopting fathers/mothers. But the adoption of a
child by a married man will not bar a subsequent
adoption of the same child by the wife of the
adopting parent (jointly adopted). Upon the death,
or when adoption was rescinded or revoked, only
then can the child be adopted again by another.
Adoption of an adult is not allowed:
- he is old enough to take care of himself and does
not have to depend on anyone else to do so. If
the reason is to share material advantages with
the adopted, he can do so by simply giving the
latter financial assistance and leaving him
something in his will.
- The rationale of adoption is to give poor, orphaned,
abandoned children the advantages and blessings
of having parents who would love, support,
protect, rear and educate them until old enough
Enumerated who MAY NOT be adopted instead of
MAY BE adopted.
D. Pre-Adoption
PRE-ADOPTION – counseling services for the
biological parents of adoptee, prospective adoptive
parents, and prospective adoptee.
Section 4 under Art. 111 of Rules and Regulation to
implement RA 8552:
1. Biological Parent(s)
a. Biological Parents shall be counseled
regarding their options:
i. to keep the child and avail of services
and assistance;
ii. avail of temporary child care
arrangements such as foster care; or
iii. relinquish the child for adoption
b. Topics to focus on:
i. the loss of parental rights over the child
and as a rule, not having further
contact with the child;
ii. the importance of providing relevant
information on the child, their own
medical history and family
background;
iii. the possibility that the child may be
placed for adoption within the
Philippines or in a foreign country;
iv. the possibility that in the future, there
may be communication with the child
at their or the child’s initiative.
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SECTION 8. Who May Be Adopted. — The following
may be adopted:
a. Any person below eighteen (18) years of age
who has been administratively or judicially
declared available for adoption;
b. The legitimate son/daughter of one spouse by
the other spouse;
c. An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy
d. A person of legal age if, prior to the adoption,
said person has been consistently considered
and treated by the adopter(s) as his/her own
child since minority;
e. A child whose adoption has been previously
rescinded; or
f. A child whose biological or adoptive parent(s)
has died: Provided, That no proceedings shall
be initiated within six (6) months from the time
of death of said parent(s).“administratively or
judicially declared available for adoption”
- voluntarily or involuntarily committed to the
Department or to a duly licensed and accredited
child-placing or child-caring agency, freed of the
parental authority of his/her biological parent(s) or
guardian or adopter(s) in case of rescission of
adoption.
- "Voluntarily committed child" is one whose parent(s)
knowingly and willingly relinquishes parental
authority to the Department.
- "Involuntarily committed child" is one whose
parent(s), known or unknown, has been
permanently and judicially deprived of parental
authority due to abandonment; substantial,
continuous, or repeated neglect; abuse; or
incompetence to discharge parental responsibilities.
v. the right to reconsider his/her decision to
relinquish his/her child within six (6)
months from signing the Deed of
Voluntary Commitment (DVC) subject
to assessment by the Department.
c. Continuing services shall be provided after
relinquishment to cope with feelings of loss,
etc. and other services for his/her
reintegration to the community.
d. The biological parent(s) who decided to keep
the child shall be provided with adequate
services and assistance to fulfill parental
responsibilities.
2. Prospective Adoptive Parent(s)
a. Biological Parents shall be counseled
regarding their options:
i. to disseminate basic information about
adoption including the adoption
process and procedures and the
effects of adoption.
ii. to inform them of the general
background of children in need of
adoptive homes including children with
special needs;
iii. to develop among prospective adoptive
parents a respect for the child’s
biological origin and an awareness of
the importance of telling the child that
he/she is adopted.
iv. To provide a support group for adoptive
parents which shall give them a venue
VIII. Adoption
for sharing their adoption experiences. b. A
certificate shall be issued by the Department
to the prospective adoptive parents attesting
that they have undergone pre-adoption
services. The certificate shall
be made a pre-requisite of the homestudy.
3. Prospective Adoptee
a. A prospective adoptee shall be provided with
counseling and other support services
appropriate to his/her age and maturity, and
in a manner and language that the child
comprehends, especially to enable him/her
to understand why he/she has been
relinquished for adoption.
b. In the case of a prospective adoptee whose
consent to his/her own adoption is
necessary, the social worker/counselor shall
consider the child’s wishes and opinions,
ensure that his/her consent is voluntary and
duly inform him/her of the effects of such
consent.
E. Adoption Procedure
Article 5, Rules and Regulations to implement
RA 8552:
Steps 1 and 2 for prospective adopters. Step 3 and
4 for prospective adoptees
1) Application for Adoption. Prior to this,
prospective adopters should attend adoption fora
and seminar. Reasonable fees and charges are also
imposed to adopters. After which, they shall file
his/her application for adoption with the
Department directly or with a social service office
of a local government unit, or with any licensed
accredited child placing agency. Spouses shall file
their application jointly.
2) Preparation of Home Study Report.
Department representatives shall conduct home
visits to the applicants to determine whether they
have capacity to adopt or not. The following
documents/certifications are required:
1. Authenticated birth certificate
2. Marriage Contract or Divorce, Annulment,
Declaration of Nullity, or Legal Separation
documents;
3. Written consent to the adoption by the
legitimate and adopted sons/daughters,
and illegitimate sons/daughters if living
with the applicant, who are at least ten
(10) years old;
4. Physical and medical evaluation by a duly
licensed physician and psychological
evaluation by a psychologist;
5. NBI/Police Clearance
6. Latest income tax return or any other
documents showing financial capability,
e.g. Certificate of Employment, Bank
Certificate or Statement of Assets and
Liabilities;
7. Three (3) character references, namely
from the local church/minister, the
employer, and a non-relative member of
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the immediate community who have
known the applicant(s) for at least three
(3) years;
8. 3x5 sized pictures of the applicant(s) and
his/her immediate family taken within the
last three (3) months;
9. Certificate of attendance to pre-adoption
fora or seminars.
In addition, foreign nationals shall submit
the following:
10. Certification that the applicant(s) have
legal capacity to adopt in his/her country
and that his/her country has a policy, or is
a signatory of an international agreement,
which allows a child adopted in the
Philippines by its national to enter his/her
country and permanently reside therein as
his/her legitimate child which may be
issued by his/her country’s diplomatic or
consular office or central authority n
intercountry adoption or any government
agency which has jurisdiction over child
and family matters; or in the absence of
any of the foregoing, the Philippine
Intercountry Adoption Board may also
certify that the Philippines and the
applicants’ country have an existing
agreement or arrangement on intercountry
adoption whereby a child who has been
adopted in the Philippines or has a pre-
adoption placement approved by the Board
is allowed to enter and remain as
permanent resident in the applicant’s
country as his/her legitimate child.
11. Certificate of Residence in the Philippines
issued by the Bureau of Immigration or
Department of Foreign Affairs, as
appropriate;
12. Two (2) character references from a non-
relatives who knew the applicant(s) in the
country of which he/she is a citizen or was
a resident prior to residing in the
Philippines, except for those who have
resided in the Philippines for more than
fifteen (15) years;
13. Police Clearance from all places of
residence in the past two years
immediately prior to residing in the
Philippines.
In the case of an applicant who is residing abroad,
but is otherwise qualifies to adopt in the Philippines
under the provisions of the Act, the Homestudy
report shall be prepared by an accredited foreign
adoption agency. However, a certification from the
Intercountry Adoption Board shall be required to
ensure that said agency is accredited.
Disapproval of Adoption Application. – Except
when found by the social worker that such
application can no longer be considered, there shall
be no prejudice to future application of said
applicants.
3) Certificate Of Availability Of Child For
Adoption. – No child shall be placed for adoption
unless a clearance has been obtained from the
VIII. Adoption
Department that said child is available for
adoption.
The Department shall issue the Certificate of
Availability for Adoption not later than fifteen (15)
days after expiration of the six (6) month period
after execution of Deed of Voluntary Commitment
by the child’s parents or legal or after receipt of
entry of judgement in case of involuntary
commitment.
Copy of the Certificate of Availability for Adoption
and Child Study Report shall be sent to the Child
Welfare Specialist Group (CWSG) for purpose of
placement of the child for adoption.
* FOR BIOLOGICAL PARENTS: In all proceedings
for adoption, a comprehensive study report
prepared by a licensed social worker shall be
submitted to the court as proof that the biological
parent(s) has been properly counseled and
provided other support services:
1. to exhaust all measures to strengthen family
ties and keep the child;
2. to ensure that their decision to relinquish their
child for adoption is not caused by stress,
anxiety or pressure; and
to ascertain that such decision does not result in
improper financial gain for those involved in it.
4) Supporting Documents Of Child Study
Report. – The child study report shall be prepared
only by a licensed and accredited social worker of
the Department or child caring agency not involved
in child placement.
The following documents shall accompany the
child report:
1. Authenticated birth or foundling certificate,
when appropriate;
2. Written Consent to adoption by the biological
parent(s) or the legal guardian and the written
consent of the child if at least ten (10) years
old, signed in the presence of the social worker
of the Department or child caring agency after
proper counseling as prescribed in Section III
of these Rules;
3. Death Certificate of biological parents, Decree
of abandonment or Deed of Voluntary
Commitment, as appropriate;
4. Medical evaluation of the child and his/her
parent(s), if available;
5. Psychological Evaluation when appropriate;
6. Picture of the child
5) Submission Of Case Records Of
Prospective Adoptees and Prospective
Adoptive Parents. – Case Records of prospective
adoptees and prospective adoptive parents shall be
submitted to the concerned Adoption Resource and
Referral Office (ARRO) which was established
according to Section 23 of the Act for matching.
6) Matching. – The matching of the child to an
approved adoptive parent(s) shall be carried out
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during the regular matching conference by the
Matching Committee otherwise called the Child
Welfare Specialist Group (CWSG) in the regional
level where the social workers of the child and
family are present. If records of children and
approved adoptive parent/s are not matched within
thirty (30) days in the regional level, it shall be
forwarded to the Department’s Central Office for
interregional matching
The matching proposal made by the CWSG shall be
approved by the Department.
7) Placement. – The physical transfer of a child
from a child caring agency or foster home to the
prospective adoptive parents who shall be
responsible for his/her care and custody shall be
made after the necessary form are accomplished
and the Pre-Adoption Placement Authority (PAPA)
has been issued after approval of the Regional
Director for placement within the region or by the
Department Secretary or his/her duly authorized
representative in cases of interregional placements.
8) Supervised Trial Custody. – The placement of
the child shall take effect upon issuance of the
PAPA by the Department after which the
supervised trial custody shall commence.
During the supervised trial custody, the social
worker shall conduct monthly home visits to
monitor adjustment of the prospective adopter(s)
and child to each other and submit progress report
to the Department. A copy of these reports shall be
given to the child caring agency where the child
came from.
The court may upon its own motion or on motion of
the petitioner, reduce or dispense with the trial
period if it finds that it is to the best interest of the
child. In such case, the court shall state its reasons
for reducing said period.
Disruption of Pre-Adoptive Placement. – If the
placement/relationship is found unsatisfactory by
the child or the adopter(s), or both, or if the social
worker finds that the continued placement of the
child is not in the child’s best interest, said
relationship/placement shall be suspended by the
Department which shall recommend to the
Adoption Resource and Referral Office to consider
another possible placement.
New Placement. – In the event of the disruption
of the pre-adoptive placement, the Department
shall arrange without delay a new placement of the
child, or, if inappropriate, other alternative long
term care.
9) Consent to Adoption. – If the adjustment of
the child/adopter(s) is satisfactory, the social
worker shall forward to the Department the final
supervisory report which shall include the
recommendation for the issuance of the written
consent to adoption to be executed by the
Department.
VIII. Adoption
10) Filing Of Petition For Adoption. – the
prospective adoptive parent(s) shall initiate judicial
proceeding by filing the petition to adopt not later
than 30 days from date of receipt of the
Department’s written consent to adoption.
Issuance of Decree of Adoption and Entry of
Judgement. – If, after considering the
recommendation and reports of the social worker
and other evidence, the Court is satisfied that the
adopter(s) are qualified to adopt, then an adoption
decree and an Entry of Judgement shall be issued.
A copy of the decree of adoption shall be forwarded
to the Department.
Travel Authority of Adopted Child. – No
adoptee shall be issued a travel authority unless a
decree of adoption has already became final and
executory.
In this respect, the amended birth certificate shall
be presented. If for any valid reason the same
cannot be presented, the following is required:
a. copy of the decree of adoption and entry of
judgement
b. a certification from the Office of the
Solicitor General that the decision is final
and executory and that no appeal there
from has been filed by the said office.
Recording Of The Court Decision. – court
decision on adoption and the finality of decision
shall be submitted to the following not later that
thirty (30) days after the court decision has
become final and executory:
a. Local Civil Registry Office of the
City/municipality where the court issuing
the same is situated
b. Register of Court Decrees
After which, Local Civil Registry Office shall submit
one copy of the court decision to the Local Civil
Registrar of the city or municipality where the birth
of the adopted child was registered.
The latter office shall have the duty to prepare the
amended certificate of live birth of the adopted
child. Then, a copy of of the new birth certificate
shall be transmitted by the local civil registrar to
the National Statistics Office within 30 days from
registration
11) Post Adoption Services. – Post Adoption
Services which shall include counseling shall be
made available by the social workers of the
Department, social services unit of the local
government, child placing and child caring agencies
to develop the adoptee, adopter and the biological
parents.
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Persons and Family Relations
IX. SUPPORT
SUPPORT  everything indispensable for
sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the
financial capacity of the family (Art. 194)
Kinds of Support
1. Legal – that which is required to be given by
law
2. Judicial – that which is required to be given by
court order whether pendente lite or in a final
judgment
3. Voluntary or Conventional – by agreement
An example of conventional support is
asfollow. X donates land to Y. However X
imposes a mode – Y has to support X’s mother.
Characteristics of Support
1. Personal
2. Intransmissible
3. Not subject to waiver or compensation with
regard to future support
Support in arrears can be waived.
4. Exempt from attachment or execution (Art.
205)
5. Reciprocal on the part of those who are by law
bound to support each other (Art. 195)
6. Variable (Arts. 201 and 202)
Who Are Obliged To Support Each Other
(Art. 195)
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.
Order of Support (Art. 199)
1. Spouses
2. Descendants, nearest in degree
3. Ascendants, nearest in degree
4. Brothers and Sisters
RULES:
When two or more are obliged to give support,
the payment shall be divided between them in
proportion to their resources (Art. 200)
The amount of support shall be in proportion
to the resources or means of the giver and the
necessities of the recipient (Art. 201)
Support shall be reduced or increased
proportionately according to the reduction or
increase in the necessities of the recipient
IX. Support Persons and Family Relations

and resources of the one giving support (Art.

202) X. PARENTAL AUTHORITY
Obligation to give support is demandable from
the time the person who has a right to receive Definition
needs it for maintenance, but it shall not be
paid except from the date of judicial or extra-
PARENTAL AUTHORITY (Patria Potestas)
judicial demand (Art. 203)
“the mass of rights and obligations which
The person obliged to give support has the
parents have in relation to the person and
option to either pay the allowance fixed or
property of their children until their
receive and maintain in the family dwelling the
emancipation, and even after this under
person who has the right to receive support
certain circumstances.” (Manresa)
(Art. 204)
Parental authority under the Family Code
The right to receive support and the money or
includes parental “responsibility.”
property obtained as support shall not be
It is the right and duty of parents to protect
levied upon on attachment or execution. (Art.
their children, to care for the in sickness and
205)
health, and do whatever may be necessary for
When support is given by a stranger without
their care, maintenance, and preservation.
knowledge of the person obliged to give
Purpose: The physical preservation and
support, the one who paid has the right to be
development of children, as well as the
reimbursed, unless it appears that he gave it
cultivation of their intellect, and education of
without intention of being reimbursed (Art.
their heart and senses.
206)
When person obliged to give support unjustly
PARENTAL AUTHORITY INCLUDES:
refuses or fails to give support when urgently
needed, a third person may furnish support,
1. the caring for and rearing of children for civic
with a right of reimbursement (Art. 207)
consciousness and efficiency;
In case of contractual support or that given by
2. the development of the moral, mental and
will, the excess in amount beyond that
physical character and well-being of said
required for legal support shall be subject to
children
levy on attachment or execution. (Art. 208)
Contractual support shall be subject to
PARENTAL AUTHORITY MAY ONLY BE WAIVED
adjustment whenever modification is
IN CASES OF:
necessary due to changes in circumstances
manifestly beyond contemplation of the
1. adoption,
parties. (Art. 209)
2. guardianship,
3. commitment of the child in an entity or
institution engaged in child care or in a
children’s home.

Both parents exercise joint authority over

their children

In case of disagreement, the father’s decision

shall prevail, unless there is judicial order

TOLENTINO: wife’s authority is subordinated,

although subsidiary, to that of the father.

WHY FATHER’S DECISION? Based on tradition.

TOLENTINO: If the child is adopted by only one

spouse, then he is under the parental authority of
such adopter.
Illegitimate children are under the parental
authority of the mother (Art. 176, FC)

WHO EXERCISES AUTHORITY IN CASES OF

DEATH, ABSENCE, REMARRIAGE, OR
SEPARATION OF PARENTS?

In case one parent is absent or already dead,

the present parent (Art. 212).
Remarriage shall not affect the parental
authority over the children.
In case of separation of parents, the parent
designated by the court. (Art. 213)

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X. Parental Authority Persons and Family Relations

Innocent spouse gets custody of minor

children. (Art 63) DISTINCTION BETWEEN SUBSTITUTE
The court shall take into account all relevant PARENTAL AUTHORITY AND SPECIAL
considerations, especially the choice of the PARENTAL AUTHORITY:
child over seven years of age, unless the
parent chosen is unfit. Substitute Parental Special Parental
Authority Authority
TENDER YEARS PRESUMPTION:
It is exercised in case of It is exercised
NO child under 7 years of age shall be death, absence, or if concurrently with the
separated from the mother, unless the court finds unsuitability of parents. parental authority of the
compelling reasons to order otherwise. Examples of Hence, it is not exercised parents and rest on the
compelling reasons are: by the parents of parental theory that while the child
authority over the minor is in the custody of the
When the mother is insane;
children. person exercising special
with a communicable disease that might
parental authority, the
endanger the life or health of the child;
parents temporarily
or is maltreating the child. relinquish parental
authority over the child to
Prostitution or infidelity to husband does not the latter
make a mother unfit as parent.

The court may award custody to third
persons, if it is in the best interest of the child.
In case of death, absence, or unsuitability of
both parents, a surviving grandparent shall
exercise substitute parental authority. (Art. 214)
If there are several grandparents, the one
designated by the court (pursuant to
considerations in Art. 212, FC) shall exercise
substitute parental authority.
Only in case of the parents’ death, absence,
or unsuitability may substitute parental authority
be exercised by the surviving grandparent.
Substitute Parental Authority Exercised
By (In Order)
The surviving grandparent, as provided in Art.
214
Oldest brother or sister, over 21 years old,
unless unfit or unqualified.
Child’s actual custodian, over 21 years old,
unless unfit or unqualified. (Art. 216).
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. (Art. 217)
Rights and Duties Of Parents
RIGHTS OF PARENTS UPON THEIR CHILDREN
(ART. 220):
1. To have them in their custody
2. To represent them in all matters affecting their
interests
3. Demand respect and obedience and impose
discipline on them
4. Administer their property and income to support
the child and the family
5. To give or withhold consent on marriage, pre-
nuptial, donation propter nuptias, adoption, and
employment
6. To disinherit them for just cause
DUTIES OF PARENTS UPON THEIR CHILDREN
(ART. 220):
1. support and upbringing in accordance to their
means
2. educate, instruct, and provide them with moral
and spiritual guidance, and love and
understanding
3. defend them against unlawful aggression
4. answer for damages caused by their fault or
negligence, and for civil liability for crimes
committed by them
5. give their lawful inheritance
Rights and Duties of Children

Special Parental Authority Exercised By RIGHTS OF CHILDREN (ART.356 CC)

(Art. 218)
1. parental care
2. receive at least elementary education
1. School, its administrators and teachers, or
3. be given moral and civil training by parents or
2. The individual, entity or institution engaged in
guardian
child care.
4. live in an atmosphere conducive to his physical,
moral, and intellectual development
(ART.3 PD603)
5. to be born well
6. right to a wholesome family life

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X. Parental Authority Persons and Family Relations

7. right to a well-rounded development If the market value of the property or the annual
8. right to a balanced diet, adequate clothing, income of the child exceeds P50,000, the parent is
shelter, proper medical attention, and all basic required to furnish a bond of not less than 10% of the
physical requirements of a healthy life value of the child’s property or income
9. raised in an atmosphere of morality and
rectitude Grounds for Suspension of Parental
10.education commensurate to his abilities
Authority (Art. 231)
11.full opportunities for a safe and wholesome
recreation
12.protection against exploitation and other bad 1. Conviction of parent for crime without civil
influences interdiction
13.right to the care, assistance and protection of 2. Treats child with excessive harassment and
the State cruelty
14.right to an efficient and honest government 3. Gives corrupting orders, counsel or example
15.right to grow up as a free individual 4. Compels child to beg
5. Subjects or allows acts of lasciviousness
DUTIES OF CHILDREN (ART.357 CC)
Termination of Parental Authority (Art.
1. obey and honor his parents or guardian 228)
2. respect old relatives and persons holding
substitute parental authority 1. Death of parents
3. exert his utmost for his education and training 2. Death of child
4. cooperate with the family in matters for his own 3. Emancipation of child
good
(ART.4 PD603) If the parents exercising parental authority
5. strive to live an upright and virtuous life has subjected the child or allowed him to be
6. love, obey, respect his parents and cooperate subjected to sexual abuse, he shall be permanently
with them in strengthening the family deprived of parental authority.
7. extend his love to his brothers and sisters
8. exert his utmost to develop his potentials
9. respect elders, our customs and traditions, the
memory of our heroes, duly constituted
authorities, the law, and principles of
democracy
10.participate actively in civic affairs for his
development
11.help in observance of human rights, strengthen
freedom everywhere, and world peace

DUTIES OF CHILDREN TOWARDS THEIR

PARENTS (UNDER FAMILY CODE):

1. to always observe and respect reverence toward

their parents
2. to obey their parents as long as they are under
their parental authority.

Other responsibilities of children may be found

in Art 4. of PD 603 (Child and Youth Welfare Code)

TOLENTINO: The duty to honor the parents does

not mean that children are to be deprived of the
exercise of any right or prevented from fulfilling
any legal, moral, or social obligation.

Effect of Parental Authority Upon the

Property of the Child (Art. 225)

The Father and Mother shall jointly exercise

legal guardianship over the property of the minor
child without court appointment

In case of disagreement, the father’s decision

shall prevail, unless there is judicial order to the
contrary

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 special thanks to:
Office of the College Secretary
UP College of Law

UP Law Center

UP College of Law Library

UP Law BarOps 2006

Review
Committee
I
Subject
Committee
I
[Subject]

Information
I Armi Bayot [head] . Keisie Marfil . Paulyne
Regalado Theresa Roldan . Lem Arenas
Chino Baybay . Tristan Tresvalles . Al Siason
Management
Committee