PERSONS AND FAMILY RELATIONS

CIVIL CODE OF THE PHILIPPINES

Introduction

* Law - reasonable rules; there are sanctions for non-compliance; promulgated by a competent authority* Civil Law - relationship of persons in the community; Civil Code- compilation of civil laws

Effect and Application of Laws

Article 1 – August 30, 1950, the law took effect- Civil Code of Spain was the prior law (December 7, 1889)

Article 2 – law took effect 15 days after its publication- if the law provides for its effectivity date, then it shall govern- if the law otherwise did not provide for its effectivity date, then it shall take effect 15 days after its publication- publication through newspapers is allowed to give the public an adequate notice- a law may provide for its own effectivity- omission of publication would offend due process- reduction or extension of the 15-day period is allowed

Article 3 – that every person knows the law is a conclusive presumption- law covered: Philippines laws (not applicable to foreign laws)- ignorance of law (no excuse); ignorance of fact (excused) (and if it also involves difficult question of law)

- Doctrine of Processual Presumption – the foreign law, whenever applicable, should be proved by the proponent thereof; otherwise, such law shall be presumed to be exactly the same law as of the forum

Article 4 – a law must have prospective application- the rule against retroactivity is intended to protect vested rights- lex prospicit, non respicit (the law looks forward not backward)

- exception is Article 256: when the law expressly provides for its effectivity when the law is curative or remedial when the law is procedural when the law is penal in character and favorable to the accused

Article 5 – when you execute an act contrary to "mandatory provisions", the act is void- failure to comply with "directory provisions" is not void but is liable administratively

- exceptions: if the law authorizes its validity law makes the act valid but punishes the violation law makes the act voidable law declares the act void, but recognizes legal effects as arising from it

Article 6 – rights may be waived- waive of future support is void

- requirements of a valid waiver: the waiving party must have actually the right he is renouncing he must have full capacity to make the waiver the waiver must be clear and unequivocal the waiver must not be contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with

a right recognized by law when formalities are required as in the case of an express condonation of a debt, the formalities must be complied with

Article 7 – laws are repealed by subsequent ones- if the law is inconsistent with the Constitution, then the latter shall govern- if a law is enacted, it should not contravene with the Constitution- express repeal (there is a repealing clause); implied repeal (none)- special law is an exception to the general law because it is more specific

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- clauses: Repealable Clause Effectivity Clause Separability Clause

General law (exception) Special law General law (special law remains) unless:* express repeal law 1st repealed not revived unless expressly provided

* implied repeal law 1st repealed is revived unless repealing law so provides

* express declaration to the contrary

* clear, necessary & irreconcilable

* subsequent general law covers the whole subject

Article 8 – judicial decisions (applying/interpreting the law) form part of legal system of the Philippines

* Stare Decisis - when the court has once laid down a principle of law applicable to a certain state of facts, it will adhere to the principle and apply it to all future where the facts are all substantially the same

- principle of adherence to precedents for reasons of stability in the law

Article 9 – the judge is somehow forced to "legislate" in a loose or to fill the gap in the obscurity of law- there is no crime where there is no law punishing it- but in civil case, the judge will apply his sense of equity

- guides: decisions of foreign courts opinions of known authors and professors applicable rules of statutory construction principle formulated in analogous cases

Article 10 – this article applies only if there is doubt in the interpretation and application of laws, it requires fidelity to the legislative purpose- in case of doubt, it is presumed that the lawmaking body intended right ad justice to prevail

Article 11 – customs which are contrary to law are not allowed- when the court does not take judicial notice of custom, you have to prove it

Article 12 – when the law does not take judicial notice of custom, proof is required

* custom - rule of conduct for by repetition of the acts, uniformly observed as a social rule- law/general rule which arises from repetition of acts

* usage - repetition of acts

Article 13 – years (365 days); months (30 days); days (24 hours); nights (from sunset to sunrise)- if months are designated by their name, they shall be computed with the respective number of days they have

Article 14 – penal laws and laws of public security apply the Principle of Territoriality regardless of nationality- laws of the Philippines will govern upon all those who live or sojourn in it

- exceptions: treaty stipulations laws of preferential application principles of public international law

- exterritoriality - foreign persons and their things are exempted from the jurisdiction of a state… without treaty stipulations- extraterritoriality - foreign persons and their things are exempted from the jurisdiction of a state... with treaty stipulations

- crimes on board vessel or airships are governed by the host country

Article 15 - citizenship is the basis for determining the personal law applicable- Nationality Principle applies covers family rights and duties, status, condition, legal capacity- laws of the Philippines will govern its citizens, regardless of their residence

- exception:


Art. 26(2) of the Family Code marriage between a Filipino and a foreigner, and when there is a divorce after, the Filipino has the right to remarry

* note: domiciliary rule supplants the nationality rule in cases involving stateless personsArticle 16 - law of place where the property is situated (also with taxes) is the basis for determining law applicable

- Territoriality Principle/Lex Rei Sitae/Lex Situs applies covers both real and personal properties

- exceptions: intestate succession testamentary succession

- (both with regards to the order of succession, capacity to succeed amount of successional rights, and intrinsic validity of testamentary provisions) shall be regulated by the Nationality Principle

- in terms of succession laws of the country domicile (foreign country); laws of the residence (Philippines)

- testate - with a will; express desire- notarial (at least 3 attesting witnesses in the presence of a testator); holographic (written entirely by the testator)

- intestate - without a will; presumed desire- intestate succession (provided by law; the nearer relative excludes the farther)

* compulsory heirs (forced heirs): (1) legitimate children and descendants;(2) legitimate parents and ascendants;(3) surviving spouse;(4) illegitimate children (SS = 1 LC) & (1 IC = 1/2 LC)

- Renvoi Doctrine - referring back- a problem arises when there is doubt as to whether a reference to a foreign law is to the internal law of said foreign law; or a reference to the whole foreign law including its conflict rules

Article 17 - law of the place where the contract was executed is the basis of determining law applicable- Lex Loci Celebrationis applies covers only formalities and solemnities (extrinsic validity)

- exceptions: Art. 26(1) of the Family Code marriage involving Filipinos solemnized abroad shall also be valid here Intrinsic validity of the contracts its provisions are governed by the national law

- prohibitive laws in the Philippines shall not be rendered ineffective in this country

Article 18 - deficiency relating to the Code of Commerce and special laws shall be supplied by the Civil Code

Human Relations

Article 19 - Human Relations - rules needed to govern the inter-relationship of people in the society- in good faith- exercise of rights and performance of duties

- the exercise of a right ends when it disappears and it disappears when it is abused especially to the prejudice of others- does not provide a remedy for its violation

Article 20 - if an act (willfully or negligently) performed is contrary to law, it will be held liable for damages- for laws that do not provide sanctions for violations, the general sanctions are indemnification for damages- no right impaired, no basis for damages

Article 21 - pertains to an act (willfully) performed is contrary to morals, good customs or public policy- the plaintiff must not be at fault, otherwise he could not recover- there is an act which is legal

Article 22 - applies the Principle of Unjust Enrichment- legitimate enrichment is never discouraged by law


- Accion in Rem Verso - action for recovery of what has been paid without just case- availed if there is no other remedy to enforce it; subsidiary remedy

- Solutio Indebiti - payment was made by mistake, which is an essential element to maintain an action for recovery

- sources of obligation: laws contracts quasi-contracts acts or omissions punishable by law quasi-delicts

- requisites under Art. 22: defendant has been enriched plaintiff has suffered a loss enrichment of the defendant is without just or legal ground plaintiff has no other ground based on contract etc.

Article 23 - the defendant was not at fault, but he was benefited while the plaintiff was at loss, so the defendant should be liable for damages

Article 24 - in all contractual, property or other relations court vigilance for the party who is disadvantaged- courts are directed to be wary and cautious- in case of doubt, it is in favor to the disadvantaged- Parens Patriae - father of his country

Article 25 - to stop thoughtless extravagance- may be stopped by government or private charitable institutions

- requisites for filing actions to stop extravagance: thoughtless extravagance in expenses extravagance is for pleasure or display is a period of acute public want or emergency the case is filed in court by a governmental or private charitable institution

Article 26 - protection of human dignity- respect for every person’s dignity, personality, privacy and peace of mind- acts may be not criminal in nature but which have cause injury to another, he shall still be liable

Article 27 – relief against corrupt or unjust public officials- to improve public service and to eliminate corruption in service- good faith is not a defense

- "Ministerial" in character - law absolutely requires him to perform duty; the duty he refused to perform, and in which he will be liable for his refusal

- requisites for filing of action: a public servant or employee refuses or neglects to perform his official duty there is no valid reason for the refusal or neglect to perform his official duty that injury of damage is suffered by the plaintiff

*Nonfeasance - non-performance of some acts which a person is obliged or has responsibility to perform; omission to perform a required duty; total neglect of duty

* Misfeasance - improper doing of an act which a person might lawfully do

*Malfeasance - doing of an act which a person is ought not to do

Article 28 - unfair competition in agricultural, commercial or industrial companies- it consists in employing deception contrary to good faith- shall give rise to a right of action by the person who thereby suffers damage

Article 29 - a person who is criminally liable is also civilly liable


- the state and private individual are affected- if acquitted in criminal case based on the fact that it was not proven beyond reasonable doubt, the accused may still be civilly liable

- proof: (criminal case) prove guilt beyond reasonable doubt for conviction (civil case) prove the preponderance of evidence

Article 30 - separate civil action arising from a criminal offense- criminal action based- crime has been committed but the offended party didn't file any criminal case, but instead filed a separate civil action- the degree of evidence is preponderance of evidence- civil action is impliedly instituted in the criminal action

- if a civil case is filed first, then criminal case is subsequently filed civil case is suspended and criminal case resumes

- if a criminal case is filed first, and a civil case comes next it's impliedly instituted there is a civil case

- 3 exceptions to the rule that the civil action is deemed instituted to criminal action: waiver offended party reserves the right to file a separate civil action offended party instituted prior to criminal action

Article 31 - civil action arising from another action, not from a felony- civil action based- may proceed independently of the criminal proceedings regardless of the result

* Culpa Contractual - there is an act or omission; causes damage to another; caused by fault or negligence; - there is pre-existing contractual relation

* Culpa Aquiliana - there is an act or omission; causes damage to another; caused by fault or negligence;- there is no pre-existing contractual relation

Article 32 - independent civil actions arising from a felony; good faith is not a defense- separate civil action for violation of civil liberties on constitutional rights- the independent civil actions will not depend on the outcome of criminal case- judges are exempted from being prosecuted (only on civil aspect)

Article 33 - vindication of individual private rights

- 3 groups of criminal offenses: defamation - (libel) by means of writing, printing, engraving, radio, cinematographic, etc.

- (slander) oral defamation fraud - estafa or swindling physical injuries - applicable only to injuries, which should be intentionally committed

- if there is no criminal action yet, the civil action could proceed independently- independent civil action can be instituted to attain justice with the least expense and vexation to the parties-litigants (2003 case)- but there is no more need for a reservation of the right to file independent civil action (from Rules of Court)

Article 34 - city or municipal police force who fails or refuses to render aid or protection shall be liable for damages

-requisites: danger to life or property of a person present in the scene and refused to render aid damages are caused either to the person and/or property of the victim

- police officer primary obligation- city or municipality second obligation

Article 35 - a person claiming to be injured by a criminal offense does not constitute an independent civil action- but may bring a civil action for damages against the alleged offender


Article 36 - general rule where both civil and criminal case arising from same facts are filed in court, the criminal takes precedence- exception if there exists prejudicial questions which should be resolved first before action could be taken in a criminal case

when the law provides that both civil and criminal case can be instituted simultaneously

* Prejudicial Questions - based on a fact distinct & separate from the crime but which is so interconnected w/ it- prejudicial to the outcome of criminal action- governed by the Rules of Court- opposite with dependent civil action

- the accused can invoke a prejudicial question because that may benefit him- criminal action being suspended until the termination of the civil action- requisites:

civil action involves an issue raised in the criminal action resolution of such action determines whether or not criminal action may proceed

- best examples: bigamy nullity of marriage

Persons

Article 37

Juridical capacity - is the fitness to be the subject of legal relations- passive- inherent in every natural person- lost only through death- cannot be limited or restricted- can exist without the capacity to act

Capacity to act - is the power to do act with legal effects- active- to be acquired- may be lost through death and other means- can be restricted, modified or limited- cannot exist without the juridical capacity

Article 38 – mere restrictions on the capacity to act: minority insanity or imbecility state of being a deaf-mute prodigality civil interdiction

Article 39 – modify or limit the capacity to act: capacity to act is not limited on account of religious belief or political opinion age insanity imbecility state of being a deaf-mute penalty prodigality family relations alienage absence insolvency trusteeship


Article 40 – general rule personality is determined by birth- exception conceived child shall be considered born for all favorable purposes to it if born alive

- 2 characteristics in which a child has presumed personality: limited; and provisional/conditional

Article 41 – general rule fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb- exception if the fetus had an intra-uterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb- birth certificate is the best evidence of the fact of birth, and it is strictly confidential

Article 42 – when a person dies, his properties, rights and obligations are transferred to his heirs; death puts an end to civil personality- the heirs' obligations are limited to the value of the estate inherited from the decedent

Article 43 – applies only to persons who are called to succeed each other- if there is doubt to which of them died first, there must be some proof- if there is none, it is presumed they died at the same time and there’ll be no transmission

Article 44 – a juridical person is a being of legal existence, subject to rights, obligations and juridical relations

state and its political subdivisions other corporations, institutions and entities corporations, partnerships and associations

Article 45 – juridical persons referred in article 44 are regulated and governed by the laws creating or recognizing them- private corporations are regulated by laws of general application on the subject- partnerships and associations for private interest or purpose are regulated by the provisions of his Code

Article 46 – juridical persons may acquire and possess property of all kinds and as well as incur obligations in conformity with the laws and regulations of their organization

Article 47 – dissolution of corporations and other entities shall be governed by the laws and regulations creating them

* cessation of civil personality: if natural persons, by death if juridical persons, by termination of existence

Citizenship and Domicile

Article 48 – Article IV of the 1987 Constitution governs the rule on citizenship; Phil. Constitution follows the concept of jus sanguinis

- jus sanguinis - refers to citizenship by blood- jus soli - refers to citizenship by place of birth

Article 49 – naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws

Article 50 – in the exercise of civil rights and fulfillment of civil obligations, the domicile is the place of habitual residence- domicile - refers to fixed permanent residence- residence - is a place of abode, whether permanent or temporary

- elements of domicile: physical appearance in a fixed place intention to remain permanently (animus manendi)

- kinds of domicile: domicile of origin received by a person at birth domicile of choice the place freely chosen by a person sui juris constructive domicile assigned to a child by law at the time of his birth

Article 51 – if there is no domicile fixed for a juridical person, the same shall be understood to be the place where his legal representation is or where he exercises his juridical function


FAMILY CODE OF THE PHILIPPINES

Marriage

Article 1 – marriage is a civil contract more than a mere contract and it cannot be changed- a permanent union by a man and a woman- creates a social status or relation- is inviolable of social institution and the foundation of the family and shall b e protected by the state- cannot be restricted by discriminatory policies of private individuals and corporations- their property relations are governed by law

Article 2 – essential requisites: legal capacity, must be a male and a female consent freely given

Article 3 – formal requisites: authority of solemnizing officer valid marriage license marriage ceremony where the parties have to personally appear before the solemnizing officer to declare as husband and wife

in the presence of at least 2 legal witnesses

Article 4 – absence of essential or formal requisites marriage is void ab initio- defect in the essential requisites marriage is voidable- irregularity in the formal requisites does not affect the validity of marriage

- marriage is voidable if the consent is obtained through fraud, force, intimidation, or undue influence

Article 5 – those people (18 years old or upwards) not under any of the impediments mentioned in Articles 37 and 38 may contract marriage

Article 6 – the necessary steps which should be taken during the marriage ceremony, if steps are not followed, the marriage is still valid- no prescribed form or religious rite for solemnization of marriage is required- but the contracting parties shall appear before the solemnizing officer (w/ not less than 2 witnesses)- the declaration must be contained in the marriage certificate- marriage certificate is not an essential or formal requisite

- in case of marriage articulo mortis when the party is at the point of death and unable to sign the marriage certificate, one witness to write the name of said party is sufficient

Article 7 – people who are authorized to solemnize marriage:

judges – limited only within their courts’ jurisdiction- must be incumbent and not retired- it is highly irregular for them to collect fees after the ceremony

priest and other religious sect4 essential requisites:(1) must be duly authorized by his/her church(2) must act within the limits of authority granted to him/her(3) must be registered with the civil registrar general(4) at least 1 of the contracting parties belongs to his/her church

ship captain and airplane chiefrequisites:

(1) marriage must be in articulo mortis(2) marriage must be between passengers or crew members(3) ship must be at sea or plane must be in flight

military commanderrequisites:(1) must be a military commander of a unit(2) must be a commissioned officer(3) a chaplain must be assigned to such unit


(4) said chaplain must be absent at the time of marriage(5) marriage must be in articulo mortis(6) the contracting parties, whether members of the armed forces or civilians must be within the zone of military operation

consul-general, consul, or vice consulheads or consular posts are divided into 4 classes:(1) consul-general(2) consul(3) vice-consul(4) consul agents* only first 3 are expressly authorized- they can solemnize marriage abroad only when contracting parties are both Filipino citizens- they also act the duties of local civil registrar

mayor – pursuant to the Local Government Code

- the state is a 3rd party to the marriage through the authorized solemnizers- if marriage was solemnized by a person not legally authorized in the presence of good faith of parties, marriage be considered valid

Article 8 – marriage shall be solemnized publicly

- exceptions to the rule on venue: marriages contracted in articulo mortis (at least one of the parties is at the point of death) in a remote place in accordance with Art. 29 of the Family Code where both parties request a solemnizing officer in writing in which case the marriage may be solemnized at a house or place

designated by the parties

Article 9 – the contracting parties should get a marriage license from the local civil registrar of the city or municipality where either of them resides

Article 10 – marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines abroad

Article 11 – specifications of the requirements of marriage license- the purpose of documentary requirements is to secure publicity and to serve as proof of their existence

Article 12 – original birth certificates or baptismal certificates are required for application of marriage license- these documents need not be sworn and shall be exempt from the documentary stamp tax- if either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy at least 15 days prior to the application, such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths- such instrument shall contain the sworn declaration of 2 witnesses of lawful age- presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar

Article 13 – in case either one of the contracting parties has been previously married, instead furnishing the birth or baptismal certificate, furnish the death certificate of deceased spouse, or judicial decree of absolute divorce, or judicial decree of annulment or declaration of nullity of his previous marriage

Article 14 – if either or both parties who are 18 to 21 years old, not having been emancipated by a previous marriage, shall in addition to the requirements of the preceding articles, exhibit to the local civil registrar the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them- such consent must be manifested in writing- but there is no more emancipation of marriage under the Family Code; emancipation of marriage is attained at 18 years old

Article 15 – any contracting party between 21-25 years old shall be obliged to ask their parents or guardians for advice upon the intended marriage- otherwise, the marriage license shall not be issued till after 3 months- if the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement

Article 16 – in cases when parental consent or parental advice is needed, the party concerned shall attach a certificate issued by an authorized solemnizer or a marriage counselor to the effect that the contracting parties have undergone marriage counseling- failure to do so shall suspend the issuance of marriage license for 3 months- absence of parental advice does not affect the marriage


Article 17 – after the marriage application, the local civil registrar shall prepare a notice containing all the necessary data of the applicants to be posted for 10 consecutive days on a bulletin board outside the office of the local civil registrar in a conspicuous place

Article 18 – in case of any impediment known to the local civil registrar or brought to his attention, he shall merely note down the particulars thereof and his findings thereon in the application of a marriage license- but nonetheless issue said license after completion of the period of publication, unless ordered otherwise by a competent court

Article 19 – local civil registrar shall require payment of fees provided by law before the issuance of the marriage license- no other sum or a tax of any kind shall be collected- it shall be issued free of charge to indigent parties- if a local civil registrar influences parties in religious respects shall be guilty of misdemeanor and imprisoned for not more than 1 month or a fine of not more than 200 pesos- illegal issuance or refusal of license by a local civil registrar shall be punished by imprisonment for not less than 1 month nor more than 2 years, or by a fine of not less than 200 pesos nor more than 2,000 pesos

Article 20 – the marriage license is valid only within the Philippines and the expiry date shall be in bold letters in the face of every license- it is valid for only 120 days, and it is automatically cancelled if it is not used within that period

Article 21 – certificate of legal capacity issued by their respective diplomatic or consular officials is necessary when the contracting parties who want to be married in the Philippines are either or both citizens of a foreign country- Philippines adheres to the national law of the contracting parties with respect to their legal capacity to contract marriage- stateless persons or refugees from other country shall submit an affidavit stating the circumstances showing such capacity to contract marriage- if the contracting parties are foreigners who want to get married in the Philippines and be solemnized by their country’s consul-general assigned in the Philippines, can get married without procuring a marriage license if their country’s laws allow the same

Article 22 – states about the contents of the marriage certificate-the parties are required to sign their marriage certificate

Article 23 – 4 copies of marriage certificate shall be prepared: 1 - contracting parties, 1 - solemnizing officer, 2 - local civil registrar- the copies must be furnished within 15 days after the marriage- law and public policy favor matrimony- the primary or best evidence of a marriage is a marriage license or marriage certificate- anyone assailing the validity of marriage is required to make plain, the truth of law and fact that the marriage was not legal- if the parties are not certain whether, under the law, they can proceed with a marriage, they can file a petition for declaratory relief, to seek from a court a judgment on their capacity to marry

Article 24 – it is the duty of the local civil registrar to prepare the documents required for marriage and to administer oaths to all interested parties

without charge

Article 25 – local civil registrar keeps the register of all persons married in its locality

Article 26 – if all marriages solemnized outside Philippines are valid, they are also valid here in the Philippines, unless some instances fall under the exceptions those prohibited under Article 35(1), (4), (5), (6), 36, 37 and 38- the Philippines follows the lex loci celebrationis rule- the basis is the international comity, because every sovereign state is the conservator of its own morals and the good order of society

- requisites for the application of the 2nd paragraph of this provision mixed marriage foreign spouse initiated the divorce divorce capacitates the foreign spouse to remarry

- exception:- the marrying capacity of the contracting parties is governed by the national law of that party (Phil. Law)

- the Filipino spouse shall have the capacity to remarry after the divorce with the foreigner spouse- common-law marriages are not recognized in the Philippines- same sex marriage of Filipinos abroad is invalid due to public policy- absolute divorce between 2 Filipinos is not recognized in the Philippines- if a Filipino contracts a foreign marriage and it is null and void in that country, it shall be likewise void here


Article 27 – either or both parties at the point of death, the marriage may be solemnized without marriage license even if the ailing party subsequently survives

Article 28 – when the place is not accessible by any means of transportation, the marriage may still be solemnized even without the marriage license

Article 29 – in cases under Articles 27 and 28, it is the duty of the solemnizing officer to state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that marriage was performed in articulo mortis or that the residence of either party is remote

Article 30 – the original of the affidavit required under Article 29 shall be sent by the solemnizing officer to the local civil registrar within 30 days after the marriage

Article 31 – a marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot at sea, or in flight, or also during stopovers at ports of call

Article 32 – a military commander who is a commissioned officer has the authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians

Article 33 – marriages among Muslims or among members of the ethnic cultural communities may be performed without marriage license, provided that they are solemnized in accordance with their customs, rites or practices

Article 34 - ratification of marital cohabitation- no license shall be necessary when a man and a woman living together as husband and wife for at least a period of 5 years- to avoid embarrassment on couples who have already lived together as husband and wife for at least 5 years- they should provide a sworn statement that they have lived together as husband and wife- they should have no legal impediment (at the time of the celebration of marriage) to marry each other

Article 35 – a void marriage is that which is not valid from its inception- good faith or bad faith are immaterial in determining whether or not a marriage is null and void

- requisites of a void marriage: below 18 years of age non-authority of solemnizer no marriage license bigamous or polygamous marriage mistake in identity void under art 53

- exceptions: article 35(2) - if either of the contracting parties is in good faith believing that a solemnizing officer has the authority to

solemnize a marriage though he actually has none, the marriage will be considered valid in the case provided in art. 41

- characteristics of a void marriage: inexistent since the beginning cannot be ratified can be attacked collaterally imprescriptible ownership

- characteristics of a voidable marriage: valid until annulled can be ratified by cohabitation direct proceeding action prescribes conjugal or absolute community

Article 36 – marriage is void on the ground of psychological incapacity at the time of celebration of marriage


- psychological incapacity refers to the failure to comply with the essential marital obligations(Article 68-71 husband and wife; Articles 220, 221, 225 parents and their children)

involves a senseless, protracted and constant refusal to comply with the essential marital obligations by one or both of the spouses although he, she or they are physically capable of performing such obligations is psychosomatic and deals with a state of mind and thus can only be proven by indicators or external manifestations of the person claimed to be psychologically incapacitated

- is lifted from canon law- determination of psychological incapacity depends on the facts of the case- expert opinion need not be alleged, no need to allege root cause of psychological incapacity- an unsatisfactory marriage is not a ground for a null and void marriage

- essential elements of psychological incapacity: mental condition applies to a person who is maritally contracted to another marriage entered into with volition failure to perform or comply with the essential obligations in marriage failure to perform is chronic cause is psychological in nature cause is serious, with juridical antecedence and must be incurable incapacity results in the failure of the marriage

* divorce – that presupposes that there was a valid marriage- all requisites of a valid marriage are present

* annulment – marriage is valid on the grounds for legal separation occur only after the celebration of marriage- the marital bond is not broken

- under Canon 1095 of the New Code of Canon LawThey are incapable of contracting marriage:

who lack sufficient use of reason; who suffer from a grave defect of discretion of judgment concerning essential matrimonial rights and duties, to be given and

accepted mutually; who for causes of psychological nature are unable to assume the essential obligations of marriage

- characteristics of psychological incapacity: gravity of the disorder must be serious that the party would be incapable of carrying out the ordinary duties required in the

marriage juridical antecedence it must be rooted in the history of the party antedating the marriage, although the overt

manifestations may emerge only after the marriage incurability (including the financial capacity)

- jurisprudential guidelines in invoking and proving psychological incapacity: (RP vs. CA and Molina) burden of proof to show the nullity of marriage belongs to the plaintiff the root cause of psychological incapacity must be:

o medically or clinically identifiedo alleged in the complainto sufficiently proven by expertso clearly explained in the decision

the incapacity must be proven to be existing at the time of celebration of the marriage such incapacity must also be shown to be medically or clinically permanent or incurable such illness must be grave enough to bring about the disability of the party to assume the essential obligations of the marriage the essential marital obligations must be those embraced by Art. 68-71 of the Family Code (husband and wife) and Arts. 220,

221 and 225 of the same Code (parents and children) interpretation given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not

controlling or decisive, should be given treat respect by our courts the trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the State

Article 37 – marriages which are incestuous and void from the beginning:


relationship between ascendants and descendants of any degree relationship between brothers and sisters (full blood or half-blood)

- incestuous marriages have been universally condemned as grossly indecent, immoral, and inimical to the purity and happiness of the family and the welfare of future generations

- reasons for the provision: avoid deficient and degenerate offsprings social prohibitions against incest promote the solidarity of the nuclear family

Article 38 – marriages which are void from the beginning for reasons of public policy between: collateral blood relatives (up to 4th civil degree) step-parents & step-children parents-in-law & children-in-law adopting parent & adopted child surviving spouse of adopting parent & adopted child surviving spouse of adopted child & adopter adopted child & legitimate child of adopter adopted children of the same adopter intentional killing of a spouse to marry another

- the above-mentioned cases are against public policy- it is the policy of the state to foster a normal, peaceful, and wholesome integral nuclear family unit which would constitute the very foundation of society

- the following can now marry each other: brother-in-law and sister-in-law stepbrother and stepsister guardian and ward adopted and illegitimate child of the adopter parties who have been convicted of adultery and concubinage

Article 39 – the action of defense for the declaration of absolute nullity of marriage shall not prescribe- the time within which to file an action for the declaration of nullity of a marriage or to invoke such nullity as a defense, whether in a direct or collateral manner, does not prescribe- a judicial declaration of a nullity of marriage does not legally dissolve a marriage because such marriage is invalid from the beginning; it merely declares or confirms the voidness, non-existence or incipient invalidity of a marriage- only the husband and the wife can file a court case declaring the marriage void

Article 40 – absolute nullity of a previous marriage may be invoked for purposes of remarriage, that there should be a final judgment declaring such

previous marriage void- if a marriage of 2 contracting parties is void ab initio, any one of them cannot contract a subsequent valid marriage without a previous judicial declaration of nullity of the previous void marriage- this is in relation to a subsisting first marriage which is void, and it still needs a judicial declaration of nullity of the first marriage

* bigamy – is committed by any person who shall contract a 2nd or subsequent marriage before the former marriage has been legally dissolved or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings

essential ingredients: the offender has been legally married the marriage has not been legally dissolved or in case his or her spouse is absent, the absent spouse could not yet be presumed

dead according to the Civil Code the offender contracts a 2nd or subsequent marriage the 2nd or subsequent marriage has all the essential requisites for validity

Article 41 – general rule of bigamous marriages a marriage contracted by any person during the subsistence of a previous valid marriage shall be null and void


- exceptions when the following conditions concur, the subsequent bigamous marriage shall be valid: absence of the other spouse must have been for 4 consecutive years, or 2 years where there was danger of death well-founded belief of the present spouse that absent spouse was already dead judicial declaration of presumptive death

- requirements: the absent spouse must have been absent for 4 or 2 years under the circumstances provided by law the present spouse must not know the whereabouts of the absent spouse there must be a well-founded belief that the absent spouse is already dead there must be an institution of a summary action for the declaration of presumptive death of the absent spouse there must be a final judgment declaring the absent spouse to be presumptively dead

- for purposes of contracting the subsequent marriage, the spouse must present a summary proceeding for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of absentee

- requisites of judicial declaration of presumptive death: that the absentee spouse have been missing for 4 consecutive years or 2 consecutive years if the disappearance occurred

where there is danger of death under circumstances laid down in Art. 391 of New Civil Code the present spouse wishes to remarry the present spouse has well-founded belief that the absentee is dead the present spouse files a summary of proceeding for the declaration of presumptive death

- Art. 391 of the New Civil Code provides:(presumed dead for all purposes, including division of estate among the heirs)

a person on board a vessel lost during a sea voyage, or an airplane which is missing, who has not been heard of for 4 years since the lost of the vessel or aeroplane;

a person in the armed forces who has taken part in war, and has been missing for 4 years; a person who has been in danger of death under other circumstances and his existence has not been known for 4 years

Article 42 – subsequent marriage (in Art. 41) shall be automatically terminated by the recording of affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio

- a sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage with due notice to the spouses of subsequent marriage

- general rule of effect of reappearance of absent spouse the subsequent bigamous marriage under Art. 41 remains valid despite reappearance of the absentee spouse

- exception if the reappearance was made in a sworn statement recorded in the civil registry, the subsequent marriage is “automatically terminated”

- exception to the exception if there was a previous judgment annulling or declaring the first marriage a nullity, the subsequent bigamous marriage remains valid

Article 43 – effects of termination of subsequent marriage: children of the subsequent marriage conceived prior to its termination shall be considered legitimate

(this status of children shall be considered valid even if one of the contracting parties is in bad faith) the absolute community or conjugal property shall be dissolved and liquidated. If either spouse acted in bad faith, his/her share

in the net profits shall be forfeited:o in favor of the common children;o if none, in favor of the children of the guilty spouse by previous marriage; oro in default of children, in favor of the innocent spouse

donations by reason of marriage remain valid except if donee contracted the marriage in bad faith the innocent spouse may revoke the designation of the spouse in bad faith as the beneficiary in any insurance policy; and the spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by

testate or intestate succession

* note: The above effects apply in voidable bigamous marriages. Except for (1), the above effects also apply to marriages which are annulled or declared void ab initio under Art. 40 of the Code.


Article 44 – if both spouses of the subsequent marriage acted in bad faith, such marriage shall be void ab initio, and all donations (by reason of marriage and testamentary dispositions) are revoked by operation of law- if only 1 of the contracting parties, whether present/would-be spouse to the subsequent marriage was in bad faith, marriage is still valid- the subsequent marriage shall be considered void only if both spouses in the said subsequent marriage are in bad faith

Article 45 – a marriage may be annulled for any of the following causes: (existing at the time of marriage)(defect in the essential requisites so it’s voidable)

age of the party in whose behalf it is sought to have the marriage annulled was 18 or over but below 21, the marriage was solemnized without the consent of the parents or guardian, in that order, and both lived together as husband and wife

unsound mind of either party fraudulent means of obtaining consent of either party vitiated consent of either party through force, intimidation or undue influence physical incapability of either party to consummate the marriage with the other, and such incapacity continues and appears to

be incurable sexually-transmitted disease of either party found to be serious and appears to be incurable

- in nos. 1-4, the mode of ratification is cohabitation; in nos. 5 & 6, there is no ratification because the defect is permanent

Annulment Legal Separation(a) the marriage was defective at the very beginning (a) there was no defect of the marriage at the beginning(b) the cause for annulment must be already existing at the time of the marriage

(b) the cause for legal separation arises after the marriage celebration

(c) there are 6 grounds for annulment (Art. 45) (c) there are ten grounds for legal separation (Art. 55)(d) annulment dissolves the marriage bond; the parties are free to marry again

(d) the marriage remains

(e) the grounds are generally those given in the lex loci celebrationis (e) the very validity of the marriage itself is not questioned

Article 46 – circumstances amounting to fraud under Art. 45(3): there is a need for conviction for final judgment non-disclosure of a previous conviction by final judgment of the party of a crime involving moral turpitude; concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; concealment of a sexually transmitted disease, regardless of its nature, existing at the time of the marriage; (nature or gravity is

irrelevant) concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of the marriage

- note: misrepresentation as to character, health, rank, fortune or chastity is not a ground for annulment

Article 47 – action for annulment of marriage must be filed by the following persons and within the periods indicated:

Causes Persons Period1. Non-age * his or her parent – before party becomes 21

* the party himself or herself – after party becomes 21* within 5 years after reaching 21

2. Unsoundness of mind * the spouse (who did not know of the other's insanity) or the relatives or guardians of the insane

* at any time before the death of either party

3. Fraud * the injured party * within 5 years after the discovery of the fraud4. Force or Intimidation or Undue Influence

* the injured party * within 5 years from the time the force or intimidation or undue influence ceased

5. Impotence * injured party * within 5 years after the celebration of marriage6. Sexually Transmissible Disease * injured party * within 5 years after the celebration of marriage

Article 48 - annulment or declaration of absolute nullity of marriage, the prosecuting attorney or fiscal assigned to appear to prevent collusion to take care that evidence is not fabricated or suppressed.

- no judgment shall be based upon a stipulation of facts or confession of judgment

- Confession of Judgment Defined:


(a) Confession of judgment by warrant of attorney – authority given by defendant to plaintiff's attorney allowing the latter to tell the court that the defendant confesses or admits the plaintiff's claim to be true and just.(b) Confession of judgment or judgment by confession cognovit actionem – rendered where, instead of defending himself, the defendant chooses to acknowledge the rightfulness of the plaintiff's action.

- Who Pays for the Attorney's Fees and Other Expenses in Annulment Cases?(a)if the action prospers, (and the annulment is granted), the absolute community property shall be liable.(b)if the marriage is not annulled, whoever brought the action shall pay for the attorney's fees and other litigation expenses.

Article 49 - during the pendency of action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall: provide for the support of the spouses and the custody and support of their common children shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom

they wish to remain provide for appropriate visitation rights of the other parent

Article 50 – (par.1) effects of termination of marriage (Art. 43) and void marriages (where both spouses both acted in bad faith, Art. 44) shall also apply to marriages which are declared void ab initio (Art. 40) or annulled by final judgment (Art. 45)- (par. 2) absolute community of property or conjugal partnership of gains, are liquidated

Article 51 - presumptive legitimes no prejudice to the ultimate successional rights of children; advance inheritance

Art. 147 man and woman have the capacity to marry each other; parties live together as husband and wife; union is without the benefit of marriage, or their marriage is voidArt. 148 void marriages where the parties have impediment e.g. bigamous marriage, or adulterous relationship

Article 52 – to be recorded in the appropriate civil registry and registries of property: the judgment of annulment or of absolute nullity of the marriage the partition and distribution of the properties of the spouses the delivery of the children's presumptive legitimes

* otherwise, the same shall not affect third persons

Article 53 – (last void marriage under Art. 35) either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void

Article 54 – children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate- children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate

Legal Separation

Two Kinds of Divorces:(a) Absolute divorce – marriage is dissolved(b) Relative divorce or legal separation – marriage is not dissolved; here the parties are merely separated from bed and board.

Rules for Absolute Divorce Today Both Under the Civil Code and the Family Code(Without Prejudice to Muslim Divorces)(a) if the action is brought here in the Philippines:

1) between Filipinos – will not prosper2) between foreigners – will not prosper

(b) if the action is brought in a foreign court1) between Filipinos – will not be recognized here2) between foreigners – recognized here subject to the following conditions:

· the foreign court has jurisdiction to grant the absolute divorce· said divorce is recognized as valid by the personal law of the parties involved

3) between a Filipino & a foreigner – if obtained by foreigner & valid according to his personal law, valid for both foreigner & Fil.

Legal Separation Separation of Property


(a) must be done thru the court (a) if one prior to marriage – may be done thru the marriage settlement; if done during the existence of the marriage – must be done thru the courts

(b) always involves also separation of property (b) may exist with or without legal separation(c) may be considered as a cause of separation of property (c) may be considered as one of the effects of legal separation(d) the spouse persons are necessarily separated (d) the spouse persons are not necessarily separated

Article 55 – grounds for legal separation: repeated physical violence or grossly abusive conduct

(physical violence)- upon the petitioner, a common child, or a child of the petitioner- this connotes the infliction of bodily harm- the frequency of the act and not the severity of the same is the determinative factor(grossly abusive conduct)- determined on a case to case basis

physical violence or moral pressure to compel the petitioner to change religious or political affiliation corrupt or induce to engage in prostitution, or connivance in such corruption or inducement

- refers to prostitution only, it cannot be any other immoral or corrupt act- a mere attempt is enough to be a ground for legal separation

final judgment , imprisonment of more than 6 years, even if pardoned- the offense could be to anybody

drug addiction or habitual alcoholism- can exist even after the marriage ceremony

lesbianism or homosexuality- can exist even after the marriage ceremony

subsequent bigamous marriage, whether in the Philippines or abroad- an act illegally contracting a second marriage

sexual infidelity or perversion- sexual intercourse with a person other than his/her spouse

attempt against the life of the petitioner- must proceed from an evil design and not from any justifiable cause like self-defense- can be proven by preponderance of evidence

abandonment without justifiable cause for more than 1 year- must be willful- implies a total renunciation of his or her duties- must be wrongful

Article 56 – defenses / grounds for denial of petition: condonation – forgiveness after its commission consent – agreement of spouses to or did not object, despite full knowledge, before such act was in fact committed connivance – direction, influence, personal exertion collusion – corrupt agreement mutual guilt (recrimination) – lies in the equitable maxim that the perwho comes into equity must come with clean hands prescription – action for legal separation must be filed within 5 years death of either party during the pendency of the case (Lapuz-Sy vs. Eufemio) reconciliation of the spouses during the pendency of the case

Article 57 – an action for legal separation shall be filed within 5 years from the time of the occurrence of the cause

Article 58 – cooling-off period – 6 months period designed to give the parties enough time to further contemplate their positions with the end in view of attaining reconciliation between them

Article 59 – No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable.

Article 60 – The law requires proof, not a mere stipulation of facts or confession of judgment.- the Court shall order the prosecuting attorney or fiscal assigned to it:

to prevent collusion between the parties to take care that the evidence is not fabricated or suppressed

Article 61 – effects of filing petition: the spouses shall be entitled to live separately from each other


the husband shall have no more right to have sexual intercourse with his wife in the absence of a written agreement between the spouses, the court shall designate the husband, the wife, or a 3rd person to

administer the absolute community or conjugal partnership property

Article 62 – During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children.

Article 63 – effects of decree of legal separation: The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no

right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2)

The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code (primary consideration is for the paramount interest of the child)

The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (106a)

* The dissolution and liquidation of the conjugal partnership upon issuance of the decree of legal separation shall be automatic.

Article 64 – The innocent spouse may revoke (within a period of 5 years) the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable.

- 2 things may be revoked: donations insurance contracts

Article 65 - If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation.

Article 66 – effects of reconciliation of the spouses: The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage; and The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of the share of the

guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.* The court's order containing the foregoing shall be recorded in the proper civil registries.

· generally, if there should be reconciliation, forfeiture of the share of the guilty spouse remains· except, when the parties agree to revive the former property regime

Article 67 – recording of the order of revival of former property regime, shall be executed under oath and shall specify: The properties to be contributed anew to the restored regime; Those to be retained as separated properties of each spouse; and The names of all their known creditors, their addresses and the amounts owing to each.

* Creditors who were not notified or not listed in the order should not be prejudiced.* The spouses can revive their original property regime, but the Court allows adoption of new property regime.

Rights and Obligations between Husband and Wife

Article 68 – marital rights and obligations: live together observe mutual love, respect and fidelity render mutual help and support

fix the family domicile joint responsibility for the support of the family management of the household

- procreation is an essential marital obligation- a court cannot validly issue a decision compelling the spouses to live together, observe mutual love, respect and fidelity --- only moral obligation constitutes motivating factor for making them observe the said duties and obligations which are highly personal- there can be no action for damages merely because of a breach of marital obligation, but other remedies can be availed of under Article 19, 20 and 21- a husband can be criminally liable for raping his own wife as provided by Republic Act No. 8353 amended the Revised Penal Code- there is a duty and a right to live together: cohabitation or consortium- The wife may establish a separate residence or domicile in the following cases:

the husband continually indulges in illicit relations with others husband is immoderate or barbaric in his demands for sexual intercourse


husband grossly insults her husband maltreats her she was virtually driven out of their home by her husband husband continually gambles, refuses to support the family husband lives as a vagabond husband insists on their living together with his own parents

Article 69 – the husband and wife shall fix the family domicile, and in case of disagreement, the court shall decide- the court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption- however, such exemption shall not apply if the same is not compatible with the solidarity of the family- the new provision of the Family Code “recognizes revolutionary changes in concept of women’s rights in the intervening years by making the choice of domicile a product of mutual agreement between the spouses

Article 70 - the spouses are jointly responsible for the support of the family

- the expenses for such support and other conjugal obligations shall be paid from: the community property and, in the absence thereof, from the income or fruits of their separate properties, in case of insufficiency or absence thereof, from the separate properties.

Article 71 – the management of the household shall be the right and the duty of both spouses- the management of the household shall be the right and duty of both spouses regardless of the property regime involved in the marriage

Article 72 – when one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief- the relief may take on so many forms like legal separation (if there are grounds for the same); nullifying the marriage (based on Article 36), petitioning the court for receivership; judicial separation of property; authority to be the sole administrator of the community property or conjugal partnership

Article 73 – as to the exercise of profession:* general rule Husband and wife can engage in any lawful/legitimate profession, occupation, business or activity without the consent of the other.* exception Upon objection of the other spouse only on valid, serious and moral grounds, may the former’s consent be necessary.

- in case of disagreement, the court shall decide whether or not: the objection is proper; and benefit has occurred to the family prior to the objection or thereafter

o if the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent

* The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.

- if the husband compels the wife to desist from pursuing a profession or any other conduct, these are considered acts of violence against women under R.A. No. 9262

- debts and obligations of whatever nature and regardless of the time they were incurred, but redounding to the benefit of the family, shall be chargeable to the conjugal partnership of gains or the absolute community property

- in case of professions which are seriously invalid and immoral, the separate property of the erring spouse shall be liable for all obligations relating to such exercise of profession even if benefits actually accrued in favor of the family

Property Relations between Husband and Wife

General Provisions


Article 74 – property relations that will govern between spouses in the following order: by marriage settlements executed before the marriage by the provisions of this Code by the local customs

* Marriage settlement – contract entered into by the future spouses fixing the matrimonial property regime that should govern during the existence of the marriage.

* Local customs – as a rule of conduct formed by repetition of acts uniformly observed as a social rule, legally binding and obligatory.

- in case a marriage has been terminated by death of one spouse and there has been no liquidation of properties, in such a remarriage, the property regime governing the subsequent marriage must be the separation of property regime to protect the rights of the children of previous marriage

- if one spouse has a debt to a third party, the creditor can demand payment from the absolute community property if the indebtedness redounded to the benefit of the family; otherwise, the exclusive property of the debtor shall be liable

- if the creditor cannot satisfy the indebtedness because the debtor has no more exclusive property (considering that all of them became absolute community property at the time of marriage), the creditor can still obtain payment pursuant to Article 94(9) from the absolute community property provided he proves the fact that debtor has no more separate property; such payment shall be considered as advances by debtor from the absolute community property to be deducted from his share upon the liquidation of the community property

Article 75 – marriage settlements: the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime

- requisites for a marriage settlement: must be made before the celebration of marriage must not contain provisions contrary to law, good morals, good customs, public order, and public policy must generally confine itself only to property relations must be in writing if made by minors, their parents must consent by signing also

- in weighing the fairness and reasonableness of the provision, the following must be considered: the relative situation of the parties their respective ages, health and experience their respective properties their family ties and connections the spouse’s need and such factors

* If there is no marriage settlement, the system of absolute community of property shall govern. (for marriages celebrated beginning August 3, 1988 up to present); (otherwise, the conjugal partnership of gains shall govern)* The basic criterion is the element of fairness which should be measured as of the time of execution of agreement.* The spouse must have signed freely, voluntarily, intelligently and preferably upon competent and independent advice.* The burden of proof of the invalidity of a pre-nuptial agreement is on the spouse alleging it; but if, on its face, the contract is unreasonable a presumption of concealment arises, the burden shifts and it is incumbent upon the other party to prove validity.

Article 76 – general rule: in order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage

- exception: modification can be made after the marriage ceremony, but such modification shall need judicial approval and should only refer to the instances provided subject to the provisions of Articles 66, 67, [128, 135 and 136 (judicial separation of property)]* Spouses may not, after their marriage, enter into an agreement or understanding which will have the effect of converting community property of the spouse, so as to relieve the property from liability to be taken in satisfaction for the payment of community debts.

Article 77 - requisites of marriage settlement as well as any of its modifications: in writing it must be mandatory for the purpose of enforceability and validity signed by the parties thereto


executed before the celebration of the marriage marriage must be celebrated duly registered in the civil registry of property in order to bind third persons

Article 78 – a minor: may contract marriage may also execute his or her marriage settlements

* but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code* the phrase “a minor who according to law may contract marriage” under this article has been impliedly repealed considering that no minor now may contract a valid marriage* an 18-year old person deciding to marry may validly execute a marriage settlement even without obtaining the consent of the persons designated in Article 14 of the Family Code; an 18-year old becomes qualified and responsible for all acts of civil life

Article 79 – The guardian of a person under civil interdiction or a person suffering disability (except minority) must be made to a party of the marriage settlement.

Article 80 – In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.

- this rule shall not apply: where both spouses are aliens; with respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where

the property is located; and with respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country

whose laws require different formalities for its extrinsic validity

* If the contracting properties are Filipinos, their property relations will be governed by the Philippines laws in the absence of any agreement to the contrary. This rule applies even if they are married abroad.

Article 81 – efficacy of marriage settlement The consideration of the marriage is the marriage itself. If the marriage does not take place, the marriage settlement is generally rendered void.

- Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage, including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place. However, stipulations that do not depend upon the celebration of the marriages shall be valid.

* If the donation is included in the marriage settlement and the marriage did not take place, the donation is void. The donor remains to be the owner. However, with respect to recognition not related to marriage, it remains valid despite the marriage did not take place.

Donations by Reason of Marriage (“Donation Propter Nuptias”)

Article 82 – requisites of donations by reason of marriage are: those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses

- Donations Propter Nuptias Distinguished from Wedding Gifts Donations propter nuptias are wedding gifts, but not all wedding gifts are donations propter nuptias, for said wedding gifts may come after the celebration of the marriage.

- donations excluded are those: made in favor of the spouses after the celebration of the marriage executed in favor of the future spouses but not in consideration of marriage granted to persons other than spouses even though they may be founded on the marriage

Article 83 – these donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code, insofar as they are not modified by the following articles


- to be valid, a donation propter nuptias must be accepted, for no one may be compelled to accept the generosity of another- for a donation of a present property to be valid: the donee must accept the donation personally or through an authorized person with a special power or with a general or sufficient power; the acceptance must be made during the lifetime of the donor and donee

- donation of a movable property: may be made orally or in writing in case of oral donation, it requires simultaneous delivery of the thing or of the document if the value of personal property exceeds 5,000 pesos, the donation and acceptance must be made in writing

- donation of an immovable property: must be made in a public document (specifying the property and value) acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is

done during the lifetime of the donor if acceptance is made in a separate document, the donor shall be notified thereof in an authentic form

Article 84 - If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void.- donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills- donation propter nuptias is useless if the property regime that will govern their marriage is the absolute community property

- requisites of a valid donation propter nuptias: there must be a valid marriage settlement marriage settlement must stipulate a property regime other than the absolute community property donation must not be more than 1/5 of his/her present property donation must be accepted by the would-be spouse must comply with the requisites established in Title III of Book III of the Civil Code on donations

- “not more than 1/5” limitation is not applicable if: marriage settlement is other than the absolute community of property donation is contained in a separate deed, and not contained in a marriage settlement

Article 85 – donations by reason of marriage of property subject to encumbrances shall be valid- in case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency- if the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess- the donee cannot be liable for the deficiency, but he is entitled to the excess

Article 86 – A donation by reason of marriage may be revoked by the donor in the following cases: marriage is not celebrated or marriage judicially declared void ab initio except donations made in the marriage settlements,

which shall be governed by Article 81; marriage without parental/guardian consent; annulled marriage and donee acted in bad faith; upon legal separation, the donee being the guilty spouse; with a resolutory condition and the condition is complied with; donee has committed an act of ingratitude

- marriage judicially declared void, the bad faith of the donee is immaterial- Art. 86(2), it does not require that the marriage must be annulled first- in cases where a marriage is annullable but the spouses may not be in bad faith, the donation propter nuptias remains effective and can never be revoked- in legal separation, the donor is given the option to revoke the donation or maintain it; but if the ground for legal separation is sexual infidelity, the donation shall be void- if the donation propter nuptias is with a resolutory condition and the condition is complied with, such donation may or may not be revoked by the donor- in acts of ingratitude, although the donation is revoked on account of ingratitude, the alienations and mortgages effected before the notation of the complaint for revocation in the Registry of Property shall subsist; if the donor decides to revoke it, he must do so within 1 year from the time the donor had knowledge of the act of ingratitude- donations made by persons who were guilty of adultery or concubinage at the time of the donation is void

Article 87 - every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except: moderate gifts which the spouses may give each other on the occasion of any family rejoicing(moderate gifts will depend on case-to-case basis especially considering the financial capacity of the donor)


- the prohibition shall also apply to persons living together as husband and wife without a valid marriage(in cases of a live-in relationship)

- reasons for the general prohibition of donations between spouses: to protect creditors to prevent the weaker spouse from being influenced by the stronger spouse to prevent indirect violation of the rule prohibiting modifications of the marriage settlement during the existence of the

marriage

- indirect donations are merely voidable and annullable- the validity of the donation or transfer cannot be challenged by those who bore absolutely no relation to the parties to the transfer at the time it occurred and had no rights or interests inchoate, present, remote, or otherwise, in the property in question at the time transfer occurred

- reserva troncal it provides that the ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relative who are within the 3rd degree and who belong to the line from which said property came

System of Absolute Community

Article 88 – the system of absolute community property commences from the precise moment that the marriage is celebrated, any stipulation for the commencement at any other time shall be void- all properties owned by the contracting parties before the marriage ceremony and those which they may acquire thereafter shall comprise the absolute community of property regime- spouses become “co-owners” of all properties- but they can have exclusive properties to be excluded from the absolute community properties- in a partial separation, of property regime, the property not agreed upon as separate shall pertain to he absolute community- “traditional oneness of the Filipino family”- one who loses money or property by knowingly engaging in an illegal contract (i.e. an alien married to a Filipina and acquired a property in the name of the Filipina spouse, then came their annulment, and the alien spouse filed for recovery of the property acquired) may not maintain an action for he loses

Article 89 – no waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property- the interest of the parties in the community properties is merely inchoate or an expectancy prior to liquidation- when the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in Article 77- “judicial separation” covers the time period during and after judicial separation- the creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits- the creditor can seek the rescission of the waiver to the extent of the amount indebted to him to protect his interest- if the waiver takes place w/out a judicial separation of property decree, such waiver shall be void because it is contrary to law and public policy (Article 6 of Civil Code) and because such waiver shall constitute an act which is against a prohibitory law (Article 5 of Civil Code)

Article 90 – provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter- each co-owner may use the thing owned in common provided he or she does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights- any one of the co-owners may bring an action for ejectment

Article 91 – community property - consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter

Article 92 – excluded from the community property: property acquired during the marriage by gratuitous title

o also the fruits and incomeo it must be a valid gratuitous acquisition during marriageo however the donor, testator or grantor may provide that the property and the fruits as well as the income thereof

shall form part of the community property property for personal and exclusive use of either spouse

o but jewelry shall form part of community property and must involve a substantial amount


o these personal and exclusive properties may either have been brought inside the marriage or acquired during the marriage

o “property for personal and exclusive use” referred to in the general rule must be interpreted in terms of value property from previous marriage by either spouse who has legitimate descendants

o also the fruits and incomeo “descendants” are not merely the children only

Article 93 – property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom- the exclusions are only those contained in a marriage settlement under the exception in Article 91 and those “provided in this chapter” which are contained in Article 92- the law on absolute community property does not even provide that property purchased with the exclusive money of the wife or husband shall be excluded from the community property, unlike the provisions relative to the conjugal partnership of gains- the proceeds or objects received by way of the sale, exchange or barter is entirely a different property, object or subject matter. They are not anymore the protected or excluded properties under Article 92. They constitute a part of the absolute community of property.

Article 94 – the absolute community of property shall be liable for: support of the spouses, common children, legitimate children of either spouse

however, support of illegitimate children shall be governed by this Code on Support; support must be taken from the separate property of the parent-spouse; in case of absence or insufficiency, the absolute community property shall pay such support but the payments shall be considered as advances to be deducted from the share of parent concerned

debts and obligations contracted during marriage by administrator spouse for the benefit of the community or by both spouses or by one spouse with the consent of the other even if debt or obligation were not for the benefit of the community, community property shall be liable, if contracted during marriage and with the consent of the other spouse

debts and obligations contracted by either spouse without the consent of the other to the extent that the family may havebeen benefited any loss resulting from the exercise of a profession or family business by any of the spouses shall be chargeable to the absolute community of property

taxes , liens, charges and expenses including major and minor repairs upon the community propertythis can be done even without the consent of the other spouse following the general rules on co-ownership

taxes and expenses for mere preservation during marriage upon the separate property of either spouse used by the family premised on the fact that such separate property has been used or is being used by the family during the marriage

expenses to enable either spouse to commence or complete a professional or vocational course, or other activity for self-improvement

antenuptial debts of either spouse redounded to the benefit of the family value of what is donated or promised by both spouses in favor of their common legitimate children, for exclusive purpose of

professional or vocational course or other activity for self-improvement the donation must be by both spouses; if it is only by one spouse to a common child who has no descendants or heirs will be an indirect donation to the other spouse which is void

antenuptial debts of either spouse other than those falling under par. 7 support of illegitimate children of either spouse liabilities by either spouse by reason of a crime or quasi-delict in case of absence or insufficiency of exclusive property of debtor-spouse, the payment shall be considered as advances to be deducted from his/her share upon liquidation of community

expenses of litigation between spouses, unless the suit is groundless absolute community property may also be liable even though the suit is not involving a case between the spouses as long as the suit benefits the family

- if the community property is insufficient to cover the foregoing liabilities, except those falling under par. (9), the spouses shall be solidarily liable for the unpaid balance with their separate properties- so as long as the community property subsists, its property shall not be among the assets to be taken possession of by the assignee for the payment of the insolvent debtor’s obligations, except insofar as the latter have redounded to the benefit of the family

Article 95 – whatever may be lost during the marriage in any game of chance shall be borne by the loser and shall not be charged to the community- but any winnings therefrom shall form part of the community property

Article 96 – general rule administration & enjoyment of the community property shall belong to both spouses jointly

- exceptions


* In cases of disagreement, husband’s decision shall prevail• Wife can go to court within 5 years

* In case one spouse is incapacitated or unable to participate in the administration of the common properties, other spouse may assume sole powers.

• These powers do not include: disposition and encumbrance• Any encumbrance is void if without the written consent of the other spouse.

- the appointment of the spouse as the sole administrator shall be in a summary proceeding under Art. 253 of this Code if it involves a situation where the other spouse is absent; separated; has abandoned the other; the consent is withheld- if the subject spouse is “an incompetent” the proper remedy is a judicial guardianship proceeding under Rule 93 of the 1964 Revised Rules of Court- “administration and enjoyment” power to dispose, encumber and alienate- the effectivity of the contract shall take effect only upon such written acceptance or court authorization- the ordinary rules on co-ownership applies only in a suppletory character; hence, the provisions and principles on the absolute community of property contained in the Family Code shall prevail in case of conflict with the ordinary rules on co-ownership- repairs for the common property may be done without the consent of the other spouse- in cases of alteration of the common property, it must be done with the consent of both spouses

- 1st par. of Art. 96 the power to administer is broadly treated- 2nd par. of Art. 96 but may be limited by law

Article 97 – either spouse may dispose by will by his or her interest in the community property- both spouses must approve any dispositions or encumbrances- consent of the other spouse must be in writing- otherwise, brought to court and the court will give the authority, if proper- If one spouse acts without the consent of the other or without court approval, such disposition/encumbrance is void. However the transaction shall be construed as a continuing offer on the part of the consenting spouse and the 3rd person which may be perfected as a binding contract upon acceptance by the spouse or court approval.- a testator can provide that certain properties after his or her death will go to whoever he or she wishes the property will go, provided that the grant will not encroach on the lawful legitimes of his compulsory heirs- absolute community property is a co-ownership, spouses can only dispose the community property

* will – an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death* legitime – part of the testator’s property which cannot be disposed of because the law has reserved it for certain heirs who are therefore called compulsory heirs

Article 98 – general rule neither spouse may donate any community property without the consent of the other* donations by both spouses or by one spouse with the consent of the other will generally be valid, subject to revocation or reduction

- exception however, either spouse may , without the consent of the other , make moderate donations from the community property for charity or on occasion of family rejoicing or family distress; whether a donation is moderate or not depends upon the financial situation of the spouses and the absolute community of property regime

Article 99 – the absolute community is terminated by: death of either spouse – also terminates marriage

- effect of death upon the rights and obligations of the deceased is determined by law decree of legal separation – offending spouse shall have no right to any share in the net profits earned by the absolute

community or conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2) annulment or declaration of nullity of marriage

- (annulment) liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of their presumptive legitime; absolute community of property shall be dissolved and liquidated, if either spouse acted in bad faith, his or her share in the net profits of the community property shall be forfeited- (nullity) no absolute community of property in a void marriage; Article 147 or 148 governs the property arrangement of a void marriage

* Article 147 – man and woman capacitated to marry each other- they live exclusively as husband and wife without the benefit of marriage- liquidated in accordance with the rules on co-ownership under Civil Code- if only one is in good faith, the share of the net profits of one in bad faith shall be forfeited

* Article 148 – if void marriage not falling under Article 147- liquidated in accordance with the rules on co-ownership under Civil Code- forfeiture process (Article 147) is applied even if both parties are in bad faith


- exception: special case, ACP or CPG could govern a void marriage --- subsequent void marriage judicial separation of property during marriage

- may be voluntary or involuntary- if voluntary --- parties can file the agreement for separation of property in court to obtain the necessary court approval

-after approval, parties can revive their property regime but once revived, no voluntary separation may thereafter be granted

- if involuntary --- it must be for a sufficient cause and must likewise have court approval- considered sufficient cause for judicial separation of property:

civil interdiction declaration of absentee loss of parental authority abandonment and failure to comply with obligation to the family abuse of administration separation in fact

- there is also liquidation of ACP or CPG after an affidavit of reappearance to terminate subsequent marriage of the present spouse validly contracted with another person

- the termination of the absolute community property does not necessarily mean the termination of marriage; after dissolution comes liquidation and partition

Article 100 – separation in fact between husband and wife shall not affect the regime of absolute community except that: no support the spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to

be supported; court authorization when the consent of one spouse to any transaction of the other is required by law, judicial authorization

shall be obtained in a summary proceeding; (3) In the absence of sufficient community property, solidary liability and administration of separate property the separate property of both spouses shall be solidarily liable for

the support of the family. The spouse present shall, upon proper petition in a summary proceeding, be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share.

Article 101 – if a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court:

receivership judicial separation of property authority for the sole administration of the absolute community, subject to such precautionary conditions as the court may

impose

- the obligations to the family mentioned in the preceding paragraph refer to: marital parental property relations

- the spouse is considered to have left the conjugal dwelling: no intention to return left for 3 months failed to give any information as to his/her whereabouts

Article 102 – procedure upon the dissolution of the absolute community regime: inventory listing the exclusive properties of each spouse and the community properties

must also be itemized and valued debts and obligations of the absolute community shall be paid out of its assets

o in case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties

remains of the exclusive properties of the spouses delivered to each of them net remainder of the properties of the absolute community shall constitute its net assets, which shall be divided equally

between husband and wifeo unless there has been an agreement for the proportion or there has been a voluntary waiver of such shareo net profits for forfeiture increase in value between the market value at the time of the celebration of the marriage

and the market value at the time of its dissolution presumptive legitimes of the common children shall be delivered upon partition in accordance with Art. 51


- how to compute net profit: market value

- debt of community net assets or remainder- market value at marriage

NET PROFIT

Article 103 – termination of marriage by death community property be liquidated in same proceeding in same settlement of the deceased

- if no judicial settlement by surviving spouse, either judicially or extra-judicially within 1 year from the death of deceased spouse; if already lapsed, it will be void

- if surviving spouse contracts 2nd marriage without compliance w/ requirements a mandatory regime of complete separation of property shall govern

- if decedent spouse left no will and no debts heirs are all of age, or minor

- termination of ACP/CPG: death of either spouse decree of legal separation annulment or declaration of nullity of marriage judicial separation of property during marriage

Article 104 – simultaneous liquidation (at least 2 marriages contracted before the effectivity of this Code) (prior to August 3, 1988)- if there is proof which the existing properties belong respective capital, fruits and income shall belong to the respective regimes- in case of doubt the same shall be divided between the different communities in proportion to the capital and duration of each

- example:

Duration Capital1st marriage 2 years 3,000 = 6,000 6k/21k x 42,000 = P12,0002nd marriage 3 years 5, 000 = 15,000 15k/21k x 42,000 = P30,000

21,000 P 42,000

Conjugal Partnership of Gains

Paraphernal properties exclusive properties of the wifeCapital Ownership exclusive properties of the husband

Article 105 – if spouses agree on their marriage settlement that they will be governed by the conjugal partnership of gains, the provision in this chapter shall be of supplementary application; shall also apply to conjugal partnership of gains before the effectivity of this code

Article 106 – spouses shall place in a common fund the fruits of their separate properties and the income from their work or industry

- Conjugal Partnership – it is that formed by a husband and his wife whereby they place in a common fund the fruits of their separate property, and the income from their work or industry, the same to be divided between them equally upon the dissolution of the marriage or partnership.

Conjugal Partnership Ordinary Partnership· no juridical personality· regulated generally by law· generally managed by the husband· purpose is not particularly for profit· few grounds for dissolution

· has juridical personality· regulated by agreement between the parties and only subsidiarily by law· management depends upon the stipulation of the parties· purpose is for profit· many grounds for dissolution

- properties covered by the Conjugal Partnership: the proceeds, products, fruits and income from the separate properties of the spouses; those acquired by either or both of the spouses: by their efforts, or by chance


Article 107 – the rules provided in Article 68 and 89 (regime of absolute community property) shall also apply to conjugal partnership of gains

Rule Under Art. 88: Absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated.Rule Under Art. 89: No waiver of rights, interests, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.

- its application shall commence at the precise moment when the marriage ceremony is celebrated- no waiver of rights, interests, shares, and effects of the conjugal partnership of gains can be made during the marriage except upon judicial separation of property --- to avoid undue pressure and influence exerted upon the weaker spouse who may be persuaded or coerced into parting with his or her interests in the conjugal partnership

- nature of interest: there is no co-ownership, instead partnership each spouse has mere inchoate rights or expectancy over partnership property during marriage

Article 108 – special type of partnership the conjugal partnership shall be governed by the rules on the contract of partnership in all that are not in conflict with what is expressly determined in this chapter of by the spouses in their marriage settlements

- in case of conflict provisions of the Family Code on the conjugal partnership of gains shall prevail

Article 109 – exclusive property of each spouse: brought to the marriage as his or her own acquired during the marriage by gratuitous title acquired by right of redemption, by barter or exchange with property belonging to only one of the spouses purchased with exclusive money of the wife or husband

Article 110 – the spouses retain the ownership, possession, administration and enjoyment of their exclusive properties

- either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located

- he or she may also transfer the administration to a stranger even without the consent of the other spouse

Article 111 – either spouse may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same

Article 112 – termination of administration alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse

Article 113 – property donated or left by will to the spouses a donor or testator may donate or provide in a will property o the spouses jointly donor/testator may designate respective determinate share of each spouses(in the absence thereof, share and share alike) this property of the donation will be considered as separate property of the spouses

Article 114 – if the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee-spouse* accretion – incorporation or addition of property to another property

- accretion in case of joint donation: general rule one could not accept independently of his co-donee, for there is no right of accretion unless expressly so

provided exception when the joint donation is on favor of husband and wife

- accretion in case of property left by will: it shall be necessary that the husband and the wife should be called to the same inheritance, or to same portion thereof, pro

indiviso (not divided)


Article 115 – retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case- gratuity is an act of pure liberality; it is acquired by lucrative title like a donation or a gift- annuity is not a gratuity if the recipient thereof is entitled to it as a matter of right- if the benefits are being given by reason of payment from the conjugal property, these shall pertain to the conjugal partnership like annuities or proceeds of insurance

Article 116 – 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- however, the burden of proof lies on the one who declared that the property is exclusive

- important points: presumption applies even if manner in which property was acquired is not shown the property invoking this presumption must first prove that the property was acquired during marriage proof of acquisition during marriage is a condition for the operation of this presumption presumption prevails over ordinary rules of accession presumption is rebuttable by strong, clear and convincing evidence presumption is stronger when creditors are involved the burden of proof is on the party asserting that the property is exclusively owned by a spouse

- for as long as acquisition is proven during marriage, the presumption will apply even when the manner in which the properties were acquired does not appear

Article 117 – conjugal partnership properties: acquired by onerous title during the marriage at the expense of the common fund obtained from the labor, industry, work or profession of either or both of the spouses fruits, natural, industrial or civil, due or received during the marriage from the common property, as well as the net fruits from

the exclusive property of each spouse share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is

found acquired through occupation such as fishing or hunting livestock existing upon the dissolution for the partnership in excess of the number of each kind brought to the marriage by

either spouse acquired by chance, such as winnings from gambling or betting

Article 118 – property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds

- the property belongs to the buyer or buyers if full ownership was vested before the marriage; and to the conjugal partnership if such ownership was vested during the marriage

- any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership

* The determining factor here is: when does the ownership took effect? Is it before or during marriage?

Article 119 – whenever an amount or credit payable within a period of time belongs to one of the spouses: the sums which may be collected during the marriage in partial payments or by installments on the principal shall be the

exclusive property of the spouse interests falling due during the marriage on the principal shall belong to the conjugal partnership

Article 120 – the ownership of improvements (whether for utility or adornment) made on the separate property of the spouses, at the expense of the partnership or through the acts or efforts of either or both spouses

shall pertain to the conjugal partnership, or to the original owner-spouse

- subject to the following rules: when the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the

value of the property at the time of the improvement

the entire property of one of the spouses shall belong to the conjugal partnership; subject to reimbursement of the value of the property of the owner-spouse at the time of the improvement


otherwise, said property shall be retained in ownership by the owner-spouse, likewise subject to reimbursement of the cost of the improvement- in either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership

Article 121 – the conjugal partnership shall be liable for: 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; 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; debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have

benefited; all taxes, liens, charges, and expenses including major or minor repairs upon the conjugal partnership property; all taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse; expenses to enable either spouse to commence or complete a professional, vocational, or other activity for self-

improvement; ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family; 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; 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

Article 122 – payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family

- neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.- however, the payment of personal debts contracted by either spouse before the marriage, that of fines and indemnities imposed upon them, as well as the support of illegitimate children of either spouse may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient but at the time of the liquidation of the partnership, such spouse shall be charged for what has been paid for the purpose above-mentioned

* as long as debts & obligations redounded to the benefit of the family, they may be charged to the conjugal partnership* conjugal partnership is liable for personal debts, fines and indemnities of either spouse only after payment of all the liabilities of the conjugal partnership* personal obligations of spouses during the marriage which do not redound to the benefit of the family or do not have the consent of the other spouse shall be borne only by the spouse-debtor and his or her separate property* Article 122 clearly limits the application of this advance-reimbursement mechanism to personal debts not redounding to the benefit of the family contracted by either of the spouses before the marriage and not during the marriage* Article 129 relative to the liquidation of the conjugal partnership, it must be noted that after the inventory, amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof

Article 123 – whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether permitted or prohibited by law shall be borne by the loser- any winnings therefrom shall form part of the conjugal partnership property

Article 124 – administration and enjoyment of the conjugal partnership shall belong to both spouses jointly- in case of disagreement husband’s decision shall prevail

however subject to recourse by the wife

- if one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties the other spouse may assume sole powers of administration

these powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse in the absence of such authority or consent, the disposition or encumbrance shall be void


- however, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person; and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors

Article 125 – general rule neither spouse may donate any conjugal partnership property w/o the consent of the other

- exceptions moderate donations for: charity; or on occasions of family rejoicing; or family distress

Article 126 – conjugal partnership terminates: upon the death of either spouse; there is a decree of legal separation; marriage is annulled or declared void; judicial separation of property during the marriage under Articles 134 to 138

Article 127 – separation in fact between the husband and wife shall not affect the regime of conjugal partnership, except that: the spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported; when the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be obtained in a

summary proceeding; in the absence of sufficient conjugal partnership property, the separate property of both spouses shall be solidarily liable for the

support of the family; the spouse present shall, upon petition in a summary proceeding, be given judicial authority to administer or encumber any specific

Article 128 – if a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court:

receivership judicial separation of property authority for the sole administration of the conjugal partnership, subject to such precautionary conditions as the court may

impose- the obligations to the family mentioned in the preceding paragraph refer to:

marital parental property relations

- the spouse is considered to have left the conjugal dwelling: no intention to return left for 3 months failed to give any information as to his/her whereabouts

Article 129 – procedure of dissolution of the conjugal partnership regime: inventory shall be prepared, listing separately all the properties of the conjugal partnership and the exclusive properties of

each spouse amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be

credited to the conjugal partnership as an asset thereof 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 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

whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them 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 spouse, even due to fortuitous event shall be paid to said spouse from the conjugal funds, if any net remainder of the conjugal partnership properties shall constitute the profits divided equally between husband and wife

unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code

presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51. partition of the properties the conjugal dwelling and the lot on which it is situated shall, unless otherwise agreed upon by

the parties, be adjudicated to the spouse with whom the majority of the common children choose to remain children below the age of 7 years are deemed to have chosen the mother, unless the court has decided otherwise; in case there is no such majority, the court shall decide, taking into consideration the best interests of said children


Article 130 – upon the termination of the marriage by death, the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased.- if no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extrajudicially within 6 months from the death of the deceased spouse. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.- Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage

- in the absence of proof that the property was acquired during the marriage, the property shall be considered as owned by the person stated in the certificate despite a description that he or she is married to someone

Liquidation Under the Revised Rules of Court:- When the marriage is dissolved by the death of the husband or wife, the community property shall be inventoried, administered, and liquidated, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse.

Article 131 – simultaneous liquidation of conjugal properties constituted prior to the family code

- liquidation of the conjugal partnership properties of two or more marriages contracted by the same person before the effectivity ofthis Code is carried out simultaneously the respective capital, fruits and income of each partnership shall be determined upon such proof as may be considered according to the rules of evidence- in case of doubt as to which partnership the existing properties belong, the same shall be divided between the different partnerships in proportion to the capital and duration of each

- if there are 2 or more conjugal partnership properties of 2 marriages which have not yet been liquidated, the subsequent partnership cannot be liquidated without the liquidation of the prior one

Article 132 – The Rules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in this Chapter.

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

- during a liquidation, the surviving spouse and children, as heirs, have a right to get certain amounts from what they technically own to support themselves

- only the surviving spouse and children are entitled to get the allowances for support contemplated in Article 133

Separation of Property of the Spouses and Administration of Common Property by One Spouse during the Marriage

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

- General Rule: Separation of property between spouses during the marriage shall not take place.- Except: By judicial order.

Article 135 – Any of the following shall be considered sufficient cause for judicial separation of property: civil interdiction the accessory of civil interdiction deprives the offender during the time of his or her sentence of the rights or parental

authority of guardianship declaration of absence 2 years having elapsed without any news about the absence or since the receipt of the last news, and 5 years in

case the absentee has left a person in charge of the administration of his property, his absence may be declared judicial separation of absence shall not take effect until 6 months after its publication in a newspaper of general circulation

loss of parental authority refers to the loss of such authority over the common child, whether legitimate or illegitimate, of the spouseof the petitioner and the petitioner, or over the child, whether legitimate or illegitimate, of the spouse of the petitioner with another persons

abandonment and failure to comply with obligations to the family the same with article 101 abuse of administration in such case, judicial separation of property may be availed of the aggrieved spouse to avoid further depletion

of his or her interest in the properties separation in fact time of the petition, spouses have been separated in fact for at least 1 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.


Article 136 – The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties.- All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse shall be listed in the Petition and notified of the filing thereof. The court shall take measures to protect the creditors and other persons with pecuniary interest.

- the spouses may agree on the separation of their absolute community of property regime or their conjugal partnership of gains; such separation must have court approval

Article 137 – Once the separation of property has been decreed the absolute community or the conjugal partnership of gains shall be liquidatedin conformity with this Code.- During the pendency of the proceedings for separation of property the absolute community or the conjugal partnership shall pay for the support of the spouses and their children.

Article 138 – after dissolution of the absolute community or the conjugal partnership provisions on complete separation of property shall apply- it is the finality of the decision of the court decreeing separation which dissolves the same

Article 139 – petition for separation of property & the final judgment granting the same shall be recorded in the proper local civil registries andregistries of property

Article 140 – the separation of property shall not prejudice the rights previously acquired by creditors- the recording in the civil registry of the petition of the separation of property and the final judgment is aid to present and futurecreditors in determining whether an asset of a spouse is conjugal or really separate

Article 141 - the spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances:

when the civil interdiction terminates; when the absentee spouse reappears; when the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again

abuse that power, authorizes the resumption of said administration; when the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other; when parental authority is judicially restored to the spouse previously deprived thereof; when the spouses who have separated in fact for at least one year, reconcile and resume common life; or when after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed

upon the joint petition of the spouses, they agree to the revival of the former property regime; no voluntary separation of property may thereafter be granted

- the revival of the former property regime shall be governed by Article 67

- the agreement to revive the former property regime shall be executed under oath and shall specify: properties to be contributed anew to the restored regime those to be retained as separate properties of each spouse names of all their known creditors, their addresses and the amounts owing to each

Article 142 – the administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: when one spouse becomes the guardian of the other; when one spouse is judicially declared an absentee; when one spouse is sentenced to a penalty which carries with it civil interdiction; or when one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.

- If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause the court shall appoint a suitable person to be the administrator.

Regime of Separation of Property

Article 143 – should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory

Article 144 – separation of property may refer to present; or future property; or both it may be total or partial

- if it is partial, the property not agreed upon as separate shall pertain to the absolute community


Article 145 – each spouse shall own, dispose of, possess, administer & enjoy his/her own separate estate, w/out need of the consent of the other- to each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property

Article 146 – both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the currentmarket value of their separate properties- the liabilities of the spouses to creditors for family expenses shall, however, be solidary

Property Regime of Unions without Marriage

Article 147 – informal civil relationship; is a special kind of co-ownership

- 3 requisites to be governed by Article 147:(the reason of their marriage that is considered void should not be their lack of capacity to marry each other)

2 persons that live together as husband and wife without the benefit of marriage they have the capacity to marry their wages and salaries shall be owned by them in equal shares the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership

- in the absence of proof to the contrary properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares- a party who did not participate In the acquisition of property deemed to have contributed through care and maintenance of the family and of the household

- neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation

- when only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership: shall be forfeited in favor of their common children; or respective surviving descendants; or to the innocent party.* in all cases, the forfeiture shall take place upon termination of the cohabitation

- void marriages under Article 147: Art. 36 Art. 44 Art. 53 absence of consent of the contracting party/ies lack of authority of the solemnizing officer absence of a marriage ceremony

Article 148 – in cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions- in the absence of proof to the contrary their contributions and corresponding shares are presumed to be equal; the same rule and presumption shall apply to joint deposits of money and evidences of credit- if one of the parties is validly married to another his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage- if the party who acted in bad faith is not validly married to another his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article- the foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith

- Article 148 applies to a relationship not within the ambit of Article 147- if any one of the requirements under Article 147 is absent, Article 148 will apply

- relationships contemplated under Article 148: man & woman living together as husband and wife, w/out the benefit of marriage, but are not capacitated to marry each other an adulterous relationship bigamous or polygamous marriage incestuous void marriages (under Art. 37)


void marriage by reason of public policy (under Art. 38)

The Family- there must be an element of permanence- residing in a family home is a real right- the occupancy must be actual and not constructive

The Family as an Institution

Bases of the family: Matrimonial union Relationship within the degree determined by law, whether legitimate or illegitimate Adoption

Article 149 – the family is the foundation of the nation- the family as the paramount importance under 1987 Constitution- it is only the external aspect of family relations that is governed by law, and no custom, practice or agreement destructive of the family shall be recognized or given effect- husband and wife shall sue or be sued jointly except as provided by law

Article 150 – family relations include those: between husband and wife; between parents and children; other ascendants and descendants; among brothers and sisters, whether of the full or half-blood

- the enumeration of “brothers and sisters” as members of the same family does not comprehend “sisters-in-law” and “brothers-in-law”

- classes of family relations: natural by consanguinity or affinity civil created by law, e.g. adoption religious created by sacraments such as baptism and confirmation (ninong and ninang)

Article 151 – no suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed- if it is shown that no such efforts were in fact made the same case must be dismissed- this rule shall not apply to cases which may not be subject of compromise under the Civil Code

- any person not included in the enumeration cannot be considered as within the term “family relations”

The Family Home

Article 152 – the family home is constituted from the time it is actually occupied as a family home- all residential houses used as a family home, with or without having been judicially or extrajudicially constituted as such prior to the effectivity of the FC, are deemed constituted by operation of law as a family home on August 3, 1988- Reason: When creditors seize the family house, they virtually shatter the family itself.

Article 153 – the family home is deemed constituted on a house and lot from the time it is occupied as a family residence- from the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law

Article 154 – the beneficiaries of a family home are: The husband and wife, or an unmarried person who is the head of a family; and Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are

living in the family home and who depend upon the head of the family for legal support.

Article 155 – the family home shall be exempt from execution, forced sale or attachment except: for nonpayment of taxes; for debts incurred prior to the constitution of the family home; for debts secured by mortgages on the premises before or after such constitution; and for debts due to laborers, mechanics, architects, builders, material men and others who have rendered service or furnished

material for the construction of the building


Article 156 – the family home must be part of the properties of: the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent it may also be constituted by an unmarried head of a family on his or her own property

- nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home

Note: Property purchased under an ongoing installment plan may be constituted as a family home.

Article 157 – the actual value of the family home shall not exceed, at the time of its constitution the amount of the 300,000 pesos in urban areas, and 200,000 pesos in rural areas, or such amounts as may hereafter be fixed by law

- in any event, if the value of the currency changes after the adoption of this Code the value most favorable for the constitution of a family home shall be the basis of evaluation- for purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities; all others are deemed to be rural areas

- the values provided in Article 157 refer only to the value made after the effectivity of the Family Code

Article 158 – the family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age- in case of conflict, the court shall decide

Article 159 – the family home shall continue despite the death of one/both spouses/unmarried head of the family for a period of 10 years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefore- this rule shall apply regardless of whoever owns the property or constituted the family home

Article 160 – When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home, by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply.- At the execution sale, no bid below the value allowed for a family home shall be considered. The proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor.

- unlike Article 155, there is a need for a court decision before a judgment creditor can avails of the privilege under this article

Article 161 – For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home.

Article 162 - The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.

Paternity and Filiation

Legitimate Children

Article 163 – filiation of children may be: by nature or by adoption- natural filiation may be: legitimate or illegitimate

- distinction between 'Paternity' and 'Filiation': While paternity (maternity) is the civil status relationship of the father (mother) to the child, filiation is the civil status of the child to the father or mother.

Legitimate Children Illegitimate Children1. Use of surname – right to bear surname of father 1. Required to use mother's surname


2. Parental authority – joint authority of parents3. Support – preferential to support over mother if father has no sufficient means to both claims4. Successional right – entitled to inheritance5. Beneficiary right under the SSS and GSIS – primary beneficiaries6. Paternity leave – father is entitled to paternity leave of 7 days with full pay

2. Under the sole parental authority of mother3. No such preference4. Entitled to ½ of legitimate child's inheritance5. Not primary beneficiaries6. No such benefit

* The Family Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.

Article 164 – legitimate child – one conceived or born during the marriage of the parents- artificial insemination – a medical procedure by which the semen is introduced into the vagina by means other than copulation for the purpose of procreation

- requisites for test-tube babies to be legitimate:the parents must have---

authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child

- 2 types of artificial insemination: homologous the wife is artificially impregnated with the semen of her husband (AIH – Artificial Insemination Husband) heterologous the wife is artificially impregnated with the semen of a 3rd-party donor (AID – Artificial Insemination Donor)

o may be “consensual” or “nonconsensual”

- no criminal liability for adultery of wife artificially inseminated without the consent of husband

Article 165 – illegitimate child – one conceived and born outside a valid marriage

Article 166 – legitimacy of a child may be impugned only on the following grounds: that it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300

days which immediately preceded the birth of the child because of:o the physical incapacity of the husband to have sexual intercourse with his wife;o the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; oro serious illness of the husband , which absolutely prevented sexual intercourse;

that it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or

that in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence

- Article 166 necessarily presupposes a valid marriage between the husband and the wife; only the husband and, in proper cases provide in Article 171, the heirs can invoke the grounds under Article 166

Article 167 – the child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress- Article 167 makes it impossible for the wife to file an action to impugn the legitimacy of her child because even if the wife knows that the child is by a man other than her husband, the declaration of the wife that the child is illegitimate or the sentencing of the wife as an adulteress has no bearing and can never affect the legitimate status of the child born or conceived inside a valid marriage

Article 168 – rules on status of a child within 300 days after termination of former marriage- if the marriage is terminated and the mother contracted another marriage within 300 days after such termination, presumptions are:

1st marriage if the child was born before the lapse of 180 days after celebration of 2nd marriage provided born within 300 days after the termination of 1st marriage

2nd marriage if the child was born after 180 days following the celebration of the 2nd marriage whether born within 300 days after termination of 1st marriage or afterwards

- these rules will only apply “in the absence of proof to the contrary”

Article 169 – the legitimacy or illegitimacy of a child born after 300 days following the termination of the marriage shall be proved by whoeveralleges such legitimacy or illegitimacy

Article 170 – action to impugn the legitimacy of the child: within 1 year from the knowledge of the birth or its recording in the civil register if the husband or, in a proper case, any of

his heirs, should reside in the city or municipality where the birth took place or was recorded


2 years if the husband or, in his default, all of his heirs reside in the Philippines, but do not reside at the place of birth as defined in the first paragraph or where it was recorded,,

3 years if abroad period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth,

whichever is earlier if the birth of the child has been concealed from or was unknown to the husband or his heirs

Article 171 – Who can question the legitimacy of a child? general rule: Only the husband. exceptions:

o If the husband should die before the expiration of the period fixed for bringing the action;o If he should die after the filing of the complaint, without having desisted from the same;o If the child should be born after the death of the husband

- the heirs are mere substitutes of the husband, and, therefore, cannot file any action to impugn the legitimacy of the child as long as the husband is alive- the law does not give the mother the standing to file an action to impugn the filiation because maternity is never uncertain

Proof of Filiation

Article 172 – the filiation of legitimate children is established by any of the following:

- general rule: the record of birth appearing in the civil register or a final judgment; or an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent

concerned

- exceptions: (the legitimate filiation shall be proved by) the open and continuous possession of the status of a legitimate child; or any other means allowed by the Rules of Court and special laws

- filiation proceeding – a special statutory proceeding, criminal in form, but in the nature of a civil action to enforce a civil obligation or duty specifically for the purpose of establishing parentage and putative father's duty to support his illegitimate child

- means allowed by the Rules of Court: an act or declaration concerning pedigree family reputation or tradition concerning pedigree common reputation respecting pedigree judicial admission admissions of a party admission by silence

* A record of birth appearing in the civil register is good proof as it proceeds from an official government source.* The birth certificate signed by the parent is adequate good proof of paternity.* A final judgment is a judicial decision bearing on the status of the children as legitimate and hence, binding and conclusive.* The term “continuous” means that there must be a showing of permanent intention of the supposed father to consider the child as his own, by continuous and clear manifestation of paternal affection and care.

Article 173 – Who may claim the legitimacy of the child? - general rule: The Child himself may file the action.- exceptions: his heirs may do so if: if the child dies during minority; if the child dies during incapacity; if the heir will merely continue the action (survival of the action)

Article 174 – legitimate children shall have the right: to bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames; 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 to be entitled to the legitime and other successional rights granted to them by the Civil Code

Illegitimate Children

Article 175 – illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children


- the action must be brought within the same period specified in Article 173 (during his/her lifetime), except when the action is based on the 2nd paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent.

Article 176 – illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to supportin conformity with this Code- the legitime of each illegitimate child shall consist of1/2 of the legitime of a legitimate child- except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force

* If the father acknowledges the child in writing, the child can use the surname of his father.

Legitimated Children

Article 177 – only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated- if the legal impediment consists of one or both parties are less than 18 years of age at the time of the conception of the child, legitimation is allowed (amended by R.A. No. 9858)

Article 178 – legitimation shall take place by a subsequent valid marriage between parents- the annulment of a voidable marriage shall not affect the legitimation

Article 179 – legitimated children shall enjoy the same rights as legitimate children

Article 180 – the effects of legitimation shall retroact to the time of the child's birth

Article 181 – the legitimation of children who died before the celebration of the marriage shall benefit their descendants

Article 182 – legitimation may be impugned only by those who are prejudiced in their rights, within 5 years from the time their cause of action accrues- “rights” here generally refers to successional rights- the cause of action to impugn the legitimation accrues only upon the death of the parents of the legitimated child because it is only at that time when the successional rights to the legitime will vest

Adoption

“Domestic Adoption Act of 1988”

* Adoption – the process of making a child possess in general the rights accorded to a legitimate child.

Article 183 – Qualifications of Adopter:(a) he must be of age (at least 18 years old);(b) in possession of full civil capacity and legal rights;(c) in a possession to support and care for his children in keeping with the means of the family;(d) generally at least 16 years older than the adopted

* General rule: Only minors may be adopted.* Exception: Those of major age may be adopted if allowed under this Title.

- When Adopter May Be Less Than 16 Years Older than the Adopted(a) when the adopter is the parent by nature of the adopted;(b) when the adopter is the spouse of the legitimate parent of the person to be adopted

* Child's welfare is paramount; hence, no mother shall be separated from a child under 7 years of age unless the court finds compelling reason to rule otherwise.

Article 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 consanguinity of the latter.

* Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoptions as may be provided by law.

Article 185 – Husband and wife must jointly adopt, except in the following cases:(1) When one spouse seeks to adopt his own illegitimate child; or(2) When one spouse seeks to adopt the legitimate child of the other.

Article 186 – In case husband and wife jointly adopt or one spouse adopts the legitimate child of the other, joint parental authority shall beexercised by the spouses in accordance with this Code.* In case there is disagreement in the exercise of such joint parental authority, the father's decision will prevail, unless there is a judicial order to the contrary.

Article 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.

Article 188 – The written consent of the following to the adoption shall be necessary:(1) The person to be adopted, if 10 years of age or over,(2) The parents by nature of the child, the legal guardian, or the proper government instrumentality;(3) The legitimate and adopted children, ten years of age or over, of the adopting parent or parents;(4) The illegitimate children, ten years of age or over, of the adopting parent, if living with said parent and the latter's spouse, if any; and(5) The spouse, if any, of the person adopting or to be adopted.

* De facto guardian can give consent in adoption cases.

Article 189 – Adoption shall have the following effects:(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters;(2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; and(3) The adopted shall remain an intestate heir of his parents and other blood relatives.

Article 190 – Legal or intestate succession to the estate of the adopted shall be governed by the following rules:(1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit from the adopted, in accordance with the ordinary rules of legal or intestate succession;(2) When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted concur with the adopter, they shall divide the entire estate, one-half to be inherited by the parents or ascendants and the other half, by the adopters;(3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters, they shall divide the entire estate in equal shares, one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half, by the adopters.(4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted, they shall divide the entire estate in equal shares, one-third to be inherited by the illegitimate children, one-third by the surviving spouse, and one-third by the adopters;(5) When only the adopters survive, they shall inherit the entire estate; and(6) When only collateral blood relatives of the adopted survive, then the ordinary rules of legal or intestate succession shall apply.

* The article applies only in legal or intestate succession.* Difference between par. 3 and 4: In par. 3, the word OR is used (illegitimate children or surviving spouse); in par. 4, AND is the word used. In par. 3, the estate is divided into 2 parts; in par. 4, 3 parts are involved.* In par. 5, if only the survivors are the adopters, they get the entire estate. Clearly, all the indications point out that the adoption shall exclude collateral relatives of the adopted.* In par. 6, the rules are set forth in Arts. 1004-1010 of the Civil Code, i.e., when only collateral relatives survive.

* Issue: May the adopted represent his adopting parent in the latter's right to inherit from his (adopter) parents or ascendants?* Held: If the adopting parent should die before the adopted child does, the latter cannot represent the former the inheritance from the parents or ascendants of the adopter. The adopted child is not related to the deceased in that case, because the filiation created by


fiction of law is exclusively between the adopter and the adopted. By adoption, the adopters can make for themselves an heir but they cannot make one for their kindred.

Article 191 – If the adopted is a minor or otherwise incapacitated, the adoption may be judicially rescinded upon petition of any person authorizedby the court or proper government instrumental acting on his behalf, on the same grounds prescribed for loss or suspension of parental authority. If the adopted is at least eighteen years of age, he may petition for judicial rescission of the adoption on the same grounds prescribed for disinheriting an ascendant.

* The Article speaks of judicial rescission (or cancellation) of the adoption. Grounds – those for the suspension of loss of parental authority.* The adopted child can bring the action himself when he is at least 18 years of age. Grounds – same as those disinheriting an ascendant.

Article 192 – The adopters may petition the court for the judicial rescission of the adoption in any of the following cases:(1) If the adopted has committed any act constituting ground for disinheriting a descendant; or(2) When the adopted has abandoned the home of the adopters during minority for at least one year, or, by some other acts, has definitely repudiated the adoption.

Article 193 – If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the court in the sameproceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor. If the adopted person is physically or mentally handicapped, the court shall appoint in the same proceeding a guardian over his person or property or both.- Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption.- The court shall accordingly order the amendment of the records in the proper registries.

Support

Article 194 – kinds of support:

(a) as to amount:1) natural (bare necessities of life)2) civil (in accordance with the financial standing)

(b) as to source of obligation1) legal (from provision of law)2) voluntary (from agreement or from provision of a will)

(c) special kind – alimony pendente lite (pending litigation)

- support includes: food or sustenance dwelling or shelter clothing

medical attendance education transportation

* Effect of reaching age of majority: the person is still entitled to support. If he has not yet finished his studies, he is still entitled generally to be supported.* natural support basic necessities; civil support anything beyond basic necessities* “schooling” formal education; “training” non-formal education

Article 195 – the following are obliged to support each other to the whole extent set forth in the preceding article: the spouses; legitimate ascendants and descendants ; parents and their legitimate children and the legitimate and illegitimate children of the latter; parents and their illegitimate children and the legitimate and illegitimate children of the latter; and legitimate brothers and sisters, whether of full or half-blood

* spouses:- If the wife commits adultery, she loses the right to be supported.- If a spouse who leaves the conjugal home/dwelling without just cause shall not have the right to be supported from the other spouse.- Issue: If the husband and the wife commit concubinage and adultery, can the wife still demand support from the husband?


Held: Yes, because they are in pari delicto (mutually guilty), and therefore, it is as if both acted in good faith.- In case fo a support between husband and wife where the validity of marriage is in issue, the aggrieved party cannot be given support pendente lite by the other spouse immediately without due hearing- In cases of legal separation, the court may order the guilty spouse to support the innocent one, even after the separation has been decreed.

* legitimate ascendants and descendants:- The purpose on this is to ensure that members of a family do nt allow any member of the same family to become a burden to the society.

* parents and their legitimate children and the legitimate and illegitimate children of the latter:- The parents are obliged to support their children and their grandchildren whether legitimately or illegitimately related to their legitimate children and vice versa.- As long as one is related by blood to the person who is supposed to give support, there is no reason why the obligation to support him should fall on society and not on his family.- It is limited from the grandparents to the grandchildren only and vice versa.

* parents and their illegitimate children and the legitimate and illegitimate children of the latter:- The parents are likewise obliged to support their illegitimate children and their grandchildren whether legitimately or illegitimately related to their illegitimate children and vice versa.- It is limited from the grandparents to the grandchildren only and vice versa.

* legitimate brothers and sisters, whether of full or half-blood:- The collateral blood relatives obliged to support each other are limited to legitimate brothers and sisters, whether full or half-blood.- Hence, uncles, aunts, nephews and nieces are not obliged to support each other.

Article 196 – brothers and sisters not legitimately related, whether of the full or half-blood, are likewise bound to support each other to the full extent set forth in Article 194- except only when the need for support of the brother or sister, being of age, is due to his or her fault or negligence, support does not become a demandable right and therefore, may not be given at all

Article 197 – in case of: legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related

only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership

Article 198 – during the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership- after the final judgment granting the petition the obligation of mutual support between the spouses ceases- however, in case of legal separation the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order

- support pendent lite pending litigation if there is absolute community or conjugal property, the support for the spouses and children shall be withdrawn from the absolute community or conjugal property

Article 199 – whenever 2 or more persons are obliged to give support, the liability shall devolve upon the following persons in the order hereinprovided:

the spouse; the descendants in the nearest degree; the ascendants in the nearest degree; and the brothers and sisters ♡

Article 200 – when the obligation to give support falls upon 2 or more persons, the payment of the same shall be divided between them in proportion to the resources of each- however, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them


- when 2 or more recipients at the same time claim support from one and the same person legally obliged to give it, should the latter not have sufficient means to satisfy all claims, the order established in the preceding article shall be followed- unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the child shall be preferred

Article 201 – the amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient

Article 202 – support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same

Article 203 – the obligation to give support shall be demandable from the time the person who has a right to receive the same needs it formaintenance, but it shall not be paid except from the date of judicial or extra-judicial demand- support pendente lite may be claimed in accordance with the Rules of Court- payment shall be made within the first five days of each corresponding month- when the recipient dies, his heirs shall not be obliged to return what he has received in advance

Article 204 – the person obliged to give support shall have the option to fulfill the obligation either:by paying the allowance fixed, orby receiving and maintaining in the family dwelling the person who has a right to receive support

- the latter alternative cannot be availed of in case there is a moral or legal obstacle thereto

* Art. 2217 of the Civil Code on moral damages can have a retroactive effect on actions for support.

Article 205 – The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon onattachment or execution.

- Reason: Sound public policy – support is necessary for one's survival.

Art. 206. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it withoutintention of being reimbursed. (2164a) The Article is based on the principle that no one shall unjustly enrich himself at the expense of another.

Art. 207. When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. (2166a)

Art. 208. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. (n)

TITLE IXPARENTAL AUTHORITY

Chapter 1. General Provisions

Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being. (n)

Parental authority (Patria Potestas) – the sum total of the right of parents over the persons and property of their children.

Purpose of Parental AuthorityIt has for its purpose not only the sound physical development of the children, but also the cultivation of their intellectual perceptions, and the nourishment of their appetitive and sensitive faculties.


Kinds of Parental Authority1. over the persons; and2. over the property Parental authority is also attached illegitimate children on the same nature as legitimated and adopted children.

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)

General rule: parental authority and responsibility may not be renounced.

Except: In the cases authorized by law.

Parental authority is both a right and a duty .

Consequences of Parental Authority(a) it is intransmissible(b) if the parents die, the administrator of the estate does not exercise parental authority;(c) it cannot be waived. Except in the following cases:

1) when there is guardianship approved by the court;2) when there is adoption approved by the court;3) when there is emancipation by concession; and4) when there is surrender of the child to an orphan asylum.

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority. (311a)

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. (n)

Art. 213. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court. The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. (n)

Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. (355a)

Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other. (315a) The descendant cannot be compelled, but if he wants to testify, he may do so. The Article applies to a criminal, not to a civil case.

Chapter 2. Substitute and Special Parental Authority

Art. 216. In default of parents or a judicially appointed guardian, the following person shall exercise substitute parental authority over the child in the order indicated:(1) The surviving grandparent, as provided in Art. 214;(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.

Whenever the appointment or a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (349a, 351a, 354a)

Art. 217. In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the proper government agency. (314a) Take note of summary proceedings.


Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a)

Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n)

Chapter 3. Effect of Parental Authority Upon the Persons of the Children

Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;(2) To give them love and affection, advice and counsel, companionship and understanding;(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;(4) To enhance, protect, preserve and maintain their physical and mental health at all times;(5) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;(6) To represent them in all matters affecting their interests;(7) To demand from them respect and obedience;(8) To impose discipline on them as may be required under the circumstances; and(9) To perform such other duties as are imposed by law upon parents and guardians. (316a)

Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (2180(2)a and (4)a )

Art. 222. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. (317)

Art. 223. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child. The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper. (318a)

Art. 224. The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper. (391a)


Documents

PERSONS AND FAMILY RELATIONS