READINGS!!!

1. Termination of Marriage
a. Death – Article 41
b. Void Ab Initio – Articles 35-38; Articles 40, 53, 52, 44
c. Voidable Marriage - Article 45
d. Psychological Incapacity – Article 36

2. Legal Separation
a. Effects of Legal Separation – Articles 63 and 64
b. Grounds - Articles 55, 56, 66

3. Paternity and Filiation

a. Legitimate and Illegitimate Children – Article 165
b. Proof of Filiation – Article 170
c. Legitimate Children – Article 177
d. Support - Article 194
e. Parental Authority – Articles 209 - 233

4. Property Relations
Articles 74, 77, 81, 82, 84, 91, 96, 105, 143, 147

5. Succession in a Nutshell
a. Intestate Succession – Article 887 (NCC)
b. Compulsory Heir – Article 970
c. Wills and Testamentary Succession – Article 919, 891
 Legitime
 Notarial and Holographic Wills
1. Termination of Marriage

a. Death – Article 41

Article 41. A marriage contracted by any person during the subsistence of a

previous marriage shall be null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been absent for four consecutive years
and the spouse present had a well-founded belief that the absent spouses was
already dead. In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding
paragraph, the spouse present must institute a summary proceeding as provided in
this Code for the declaration of presumption death of the absentee, without
prejudice to the effect of reappearance of the absent spouse. (83a)

Ordinary Absence
Period of absence should be 4 consecutive years, before she can have subsequent
marriage. The spouse must have a well-founded belief that her husband is dead.
 Judicial Declaration of Presumptive Death - no prejudice to the effect of re-
appearance of the absent spouse
If these requirement are not present your marriage is void.

Extraordinary Absence
Absent spouse missing for 2 consecutive years. Extraordinary, there is a danger of
death at case when the either of the party was missing. (ex: The party was on board
vessels.)

Present spouse well-founded belief that her husband is death. (Well-founded, there
should be an effort to look for the spouse)
 Judicial Declaration of Presumptive Death – no prejudice to the effect of re-
appearance of the absent spouse.
Effect: Subsequent marriage remains valid. However, there is an exemption for the
subsequent marriage.
(Article 42)

1. The subsequent marriage shall be automatically terminated by the recording of the

affidavit of reappearance of the absent spouse (which shall be recorded in the civil
registry of the residence of the parties)

EFFECT: If the absent spouse presented an affidavit of reappearance, the

subsequent marriage will be void.

In case the spouse, did not present an affidavit of re- appearance.

There will be NO LEGAL EFFECT to the subsequent marriage.
 However, in order for the absent spouse to re-marry, he/she should address the
Judicial Declaration of Presumptive Death. So, he must present the affidavit of
re-appearance.

Exception to the Exception:

“unless there is a judgement annulling the previous marriage or declaring it void ab
initio”
If they file nullity of marriage before the case of disappearance, and there was
already judgement (void ab initio). So, there is no need for the affidavit of re-
appearance.

Absent of Presumptive Death

-It is mandatory requirement to have the period. In which, the 4 consecutive years or 2
consecutive years.

Note: The Article 41 of the Family Code and the Article 391 of the Civil Code are
different. The Art 41 of FC talks about the 4 years and 2 years period for the
requirement of re-marriage. However, in the Art 391 of the CC it talks about the 7
years period of presumption of death of an absentee for other purposes.

Basis is Character or Faith of Both Parties:

1. If both parties are in bad faith = automatically void
2. If one of the parties to the subsequent marriage is in bad faith = terminated with
penalty.
3. If both are in good faith = terminated but if there is no action it remains valid.

In order for the subsequent marriage to not be considered void, the following
requisites must be present:
1. Prior spouse must be absent for at least 4 years under normal circumstances or prior
spouse must be absent for 2 years with danger of death
2. The spouse present must have a well-founded belief that the absent spouse is
already dead. (manner of death is likely to occur; there is a diligent and reasonable
effort to locate the absent spouse)
3. Spouse present institute a summary proceedings for the declaration of the
presumptive death of the absentee.
4.Petition must state that the reason why the petition is filed is for the purpose of
remarriage.

b. Void Ab Initio – Articles 35-38; Articles 40, 53, 52, 44

Article 35. The following marriages shall be void from the beginning:

1) Those contracted by any party below eighteen years of age even with
the consent of parents or guardians;

2) Those solemnized by any person not legally authorized to perform

marriages unless such marriages where contracted with either or both
 parties believing in good faith the solemnizing officer had the legal
authority to do so;

3) Those solemnized without a license, except those covered by the

preceding Chapter;

4) Those bigamous or polygamous marriage not falling under Article 41;

5) Those contracted through mistakes of one contracting party as to the

identity of the other, and

6) Those subsequent marriages that are void under Article 53.

Article 36. A marriage contracted by any party, who at the time of the celebration,
was psychologically incapacitated to comply with the essential marital obligations
of marriage, shall likewise be void even if such incapacity becomes manifest only
after its solemnization. (As amended by E.O. 227)

It has nothing to do with the consent. But incapacity to comply on the essential
marital obligations of marriage. It must be severe that it prevents the person
from fulfilling basic duties as a spouse. It is a basic requirement that the
psychological defect be existing during the marriage.
Examples of marital obligations;
1. Husband and wife are obliged to live together, observe mutual love,
respect and fidelity, and render mutual help and support (Art 68)

Psychological Incapacity is the condition of a person who does not have the
mind, will, and heart for the performance of marriage obligation.
(Ex: Republic vs Molina. Molina Doctrine regards to psychological
incapacity.)

Article 37. Marriages between the following are incestuous and void from the
beginning, whether the relationship between the parties be legitimate or
illegitimate:

1) Between ascendants and descendants of any degree; and

2) Between brothers and sisters, whether of the full or half blood. (81a)

Article 38. The following marriages shall be void from the beginning for reasons
of public policy:

1) Between collateral blood relatives, whether legitimate or illegitimate, up to

the fourth civil degree;
2) Between stepparents and stepchildren;
3) Between parents-in-law and children-in-law;
4) Between the adopting parent and the adopted child;
5) Between the surviving spouse of the adopting parent and the adopted
child;
6) Between the surviving spouse of the adopted child and the adopter;
7) Between an adopted child and a legitimate child of the adopter;
 8) Between the adopted children of the same adopter; and
9) Between the parties where one, with the intention to marry the other, killed
that other person’s spouse or his or her own spouse.

Article 40. The absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis of solely of a final judgement declaring such
previous marriage void.

This article provides that a void marriage must first be declared void for purposes
of remarriage.
There is a need for a judicial declaration of absolute nullity of a prior
subsisting marriage before contracting another.
“A marriage though void still needs a judicial declaration of such fact”
before any party thereto “can marry again; otherwise, the second
marriage will also be void.”

Article 44. If both spouses of the subsequent marriage acted in bad faith, said
marriage shall be void ab initio and all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked by
operation of law.

There must be a judicial declaration of nullity as required in Article 40 as well as

registration of said judgment in the civil registry under Article 52.

Article 52. The judgement of annulment or of absolute nullity of the marriage, the
partition and distribution of the properties of the spouses, and the delivery of the
children’s presumptive legitimes shall be recorded in the appropriate civil registry
and registries of property; otherwise, the same shall not affect third persons.

Under this Article, the following must be recorded in appropriate civil registry and
registries of property:

1. Judgement of annulment or absolute nullity of the marriage

2. The partition and distribution of the properties of the spouses
3. Delivery of the children’s presumptive legitimes

If these are not recorded, then third parties shall not be included. This means that
whatever legal act performed by the spouses and their children will not affect the
rights of other people with whom they may have transacted.

Example: Husband and Wife have already recorded their judgement of annulment
to the appropriate civil registry, however, the partition and distribution of the
properties was not yet recorded. Husband, then, uses a portion of land owned by
both of them, to secure his loan in the bank. The bank then have authority to
foreclose the land if in case the husband cannot pay his loans.
 Article 53. Either of the former spouses may marry again after complying with
the requirements of the immediately preceding Articles; otherwise, the subsequent
marriage shall be null and void.

After complying with the requirements under Article 52, either of the former
spouse may marry again. However, if either of the spouses subsequently contracts
a marriage without first complying with these requirements, such marriage shall
be null and void.

c. Voidable Marriage - Article 45

Article 45. A marriage may be annulled for any of the following causes, existing
at the time of the marriage;

1) That the party in whose behalf it is sought to have the marriage annulled
was eighteen years of age or over but below twenty-one, and the marriage
was solemnized without the consent of the parents, guardian or person
having substitute parental authority over the party, in that order, unless
after attaining the age of twenty-one, such party freely cohabitated with the
other and both lived together as husband and wife.

2) That either party was of unsound mind, unless such party after coming to
reason, freely cohabitated with the other as husband and wife;

3) That the consent of either party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts constituting the fraud, freely
cohabitated with the other as husband and wife;

4) That the consent of either party was obtained by force, intimidation, or

undue influence, unless the same having disappeared or ceased, such party
thereafter freely cohabitated with the other as husband and wife;

5) That either party was physically incapable of consummating the marriage

with the other, and such incapacity continues and appears to be incurable;
or

6) That either party was affiliated with a sexually transmissible diseases

found to be serious and appears to be incurable.

This article speaks of the grounds for annulment. They must exist at the time of the
celebration of the marriage. A voidable marriage is valid until it is annulled.

Key words for the causes:

1. Non-age (below 18)
2. Unsoundness of mind
3. Fraud
(enumerated in Article 46)
4. Force, Intimidation, or Undue influence
 Force – against their will; Intimidation – party is compelled by a reasonable
and well-grounded fear; Undue Influence – control over one’s will.
5. Impotence or physical incapacity
(Impotentia copulandi) the inability to perform sexual act, and not sterility or
the inability to procreate.
Example: if the wife still remains a virgin after living together with her
husband or 3 years, the presumption is that the husband is impotent
6. Sexually-transmitted disease
If one of the party has sexually transmissible disease that is serious and
appears to be incurable, the marriage may be annulled (Aids, Gonorrhea, or
Hepatitis)

d. Psychological Incapacity – Article 36

Article 36. A marriage contracted by any party who, at the time of celebration,
was psychologically incapacitated to comply with the essential marital obligations
of marriage, shall likewise be void even if such incapacity becomes manifest only
after its solemnization. (As mandated by E.O 227)

Note: A voidable marriage can be ratified through a free and voluntary cohabitation.
This means that a marriage is treated as valid and it cannot be annulled. The period of
cohabitation need not be long. Cohabitation – must be something more than mere
living together in the same house; it is living together as husband and wife.

Note: Period of Annulment – 5 years

2. Legal Separation

a. Effects of Legal Separation – Articles 63 and 64

Article 63. The decree of legal separation shall have the following effects:

1) The spouses shall be entitled to live separately from each other, but the
marriage bonds shall not be severed;

2) The absolute community or the conjugal partnership shall be dissolved and

liquidated but the offending spouses shall have no right to any share of the
net profits earned by the absolute community or the conjugal partnerships,
which shall be forfeited in accordance with the provisions of Article 43(2)

3) The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code.

4) The offending spouse shall be disqualified from inheriting from the

innocent spouse by intestate succession. Moreover, provisions in favor of
the offending spouse made in the will of the innocent spouse shall be
revoked by operation of law.
 This article applies regarding some effects after the grant of a decree of legal
separation.

The custody of the minor children is generally given to the innocent person
(unless the court considers other factor, such as child’s preference). The
dissolution and liquidation of the conjugal partnership upon issuance of the decree
of legal separation shall be automatic.

Article 64. After the finality of the decree of legal separation, the innocent spouse
may revoke the donations made by him or her in favor of the offending spouse, as
well as the designation of the latter as a beneficiary in any insurance policy, even
if such designation be stipulated as irrevocable. The revocation of the donations
shall be recorded in the registries of property in the places where the properties are
located. Alienations, liens, and encumbrances registered in good faith before the
recording of the complaint for revocation in the registries of property shall be
respected. The revocation of or change in the designation of the insurance
beneficiary shall take effect upon written notification thereof to the insured.

The action to revoke the donation under this Article must be brought within five
years from the time the decree of legal separation has become final.

Things that may be revoked by the innocent spouse:

 Donations made in favor of the offending spouse

 Designation of the offending spouse as the beneficiary in the insurance
contracts/policy of the innocent spouse

The revocation of donations must be recorded in the property registries where the
properties are located.
The revocation of the insurance beneficiary takes effect after written notification
to the insured.
The action to revoke the donation must be brought within five years of the legal
separation decree becoming final.

b. Grounds - Articles 55, 56, 66

Article 55. A petition for legal separation may be filed on any of the following
grounds:

1) Repeated physical violence or grossly abusive conduct directed against the

petitioner, a common child, or a child of the petitioner;
2) Physical violence or moral pressure to compel the petitioner to change
religious or political affiliations;
3) Attempt of respondents to corrupt or induce the petitioner, a common child, or
a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
4) Final judgement sentencing the respondents to imprisonment of more than six
years, even if pardoned;
 5) Drug addiction or habitual alcoholism of the respondent;
6) Lesbianism or homosexuality of the respondent;
7) Contracting by respondents of a subsequent bigamous marriage, whether in
the Philippines or abroad;
8) Sexual infidelity or perversion;
9) Attempt by the respondent against the life of the petitioner; or
10) Abandonment of petitioner by respondent without justifiable cause for more
than one year;

For purposes of this Article, the term “child” shall include a child by nature or by
adoption.

Note:
Lesbianism or Homosexuality – if one party engages in same-sex relationship.
Bigamous marriage – if one party marries another person during an existing
marriage, even if the subsequent marriage is void.
Sexual infidelity or perversion – adultery, concubinage, or engaging in a
relationship outside marriage constitutes infidelity.
Attempt against the life of petitioner – harm or kill

Proof Needed: mere preponderance of evidence, not guilt beyond reasonable

doubt, will suffice to prove the existence of any grounds, except No. 4. Hearsay or
insufficiently substantiated claims are general inadequate.

Article 56. The petition for legal separation shall be denied on any of the following
grounds:

1) Where the aggrieved party has condoned the offense or act complained of:
2) Where the aggrieved party has consented to the commission of the offense or
act complained of;
3) Where there is connivance between the parties in the commission of the
offense or act constituting the ground for legal separation;
4) Where both parties have given ground for legal separation;
5) Where there is collusion between the parties to obtain decree of legal
separation; or
6) Where the action is barred by prescription.

Condonation
It means forgiveness, express or implied. For instance sleeping together or
voluntary sexual intercourse after the full knowledge of the offense.

Consent
If the petitioner was found to have consented to the acts constituting the
grounds for legal separation. For example, if he/she willingly participated in or
accepted certain behaviors of the respondent, they may be deemed to have consented
to such conduct.

Connivance
 Refers to the situation where the petitioner spouse actively encouraged or
willingly allowed the other spouse to commit the offense that are being cited as
grounds for separation. For instance, the petitioner hire a detective to spy his wife and
asked to have a sexual intercourse, then there is connivance.

Mutual Guilt
Recrimination is a defense that asserts both spouses are guilty of similar
offense. Or parties being in pari delicto, there is no offended spouse who deserves to
bring an action. For example, the husband has been pardoned, and his wife committed
adultery and he did not allow it. Then, there is mutual guilt.

Collusion
This occurs when both parties agree to fabricate the grounds for legal
separation or conspire to make it appear that one spouse is guilty if a ground for a
legal separation.

Prescription of action
A petition for legal separation must be filed within five years from the
occurrence of the cause. If the ground for legal separation happened more than five
years prior to the filing of the petition, it is barred by prescription, effectively
dismissing the action. Prescription is bar, meaning that once the period has lapsed, the
petitioner loses the right to file for the legal separation.

Article 66. The reconciliation referred to in the preceding Article shall have the
following consequences;

1) The legal separation proceedings, if still pending, shall thereby be terminated

at whatever stage; and
2) The final decree of legal separation shall be set aside, but the separation of
property and any forfeiture of the share of the guilty spouse already affected
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.

The spouses can reconcile at any time after a legal separation decree has been issued.
 The decree of legal separation is set aside
 The forfeiture of the share of the guilty spouse remains. Exception, if both
parties agree to revive the former property regime.
 The personal relationship obligations of marriage are re-established.

To reconcile, the spouses must file a verified motion in court. The petition for legal
separation is dismissed upon their joint manifestation.

3. Paternity and Filiation

a. Legitimate and Illegitimate Children – Article 165

 Article 165. Children conceived and born outside a valid marriage are
illegitimate, unless otherwise provided in this Code.

A legitimate child is conceived or born during the marriage of the parents.

An illegitimate child shall under the parental authority of the mother (Article 176).
However, the father has the natural right to care for his illegitimate child, such as
visitorial rights.

Natural children are born to parents who were legally able to marry at the time of
conception. The spurious children are born to parents who were legally prohibited
from marrying each other at the time of conception

b. Proof of Filiation – Article 170

Article 170. The action to impugn the legitimacy of the child shall be brought
within one year from the knowledge of the birth or its recording in the civil
register, if the husband or, in a proper case, any of his heirs, should reside in the
city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth
as defined in the first paragraph where it is was recorded, the period shall be two
years if they should reside in the Philippines; and three years if abroad. If the birth
of the child has been concealed from or was unknown to the husband or his heirs,
the period shall be counted from the discovery or knowledge of the birth of the
child or the fact of registration of said birth whichever is earlier.

The time limit for challenging a child’s legitimacy:

Within one year

If the husband or his heirs live in the city or municipality where the child was
born or recorded.

Within two years

If the husband or his heirs live in the Philippines but not at the place of birth or
recording.

Within three years

If the husband or his heirs lived abroad.

From the discovery of birth

If the birth was concealed from or unknown to the husband or his heirs, the
time limit begins when the birth is discovered or registered.

The only way to remove a child’s status as legitimate is to file a direct action to
challenge the legitimacy.

c. Legitimate Children – Article 177

 Article 177. Only children conceived and born outside the wedlock of parents,
who, at the time of conception of the former, were not disqualified by any
impediments to marry each other may be legitimated.

This article states that children born out of wedlock can be legitimated if their
parents were not legally prohibited from marrying each other at the time of
conception, except for being under 18 years old. Legitimation occurs when the
parents have a valid marriage after the child is born.

Legitimation gives children the same children as legitimate children and retroacts
to the time of birth.

If a marriage is voidable but subsequently annulled, the legitimation remains

valid.

Some conditions that disqualify a child from being legitimate include:

 The parents where previously married to someone else
 The parents are related by incest
 There are other legal impediments.

d. Support - Article 194

Article 194. Support comprises everything indispensable for sustenance,

dwelling, clothing, medical attendance, education and transportation, in keeping
with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding

paragraph shall include his schooling or training for some profession, trade or
vocation, even beyond the age of majority. Transportation shall include expenses
in going to and from school, or to and from place of work [290a]

Note: Scope of support includes everything required for a child’s sustenance,

clothing, dwelling, medical care, education, and transportation. This support is
based on the family’s financial capacity.

Parents are legally required to support their children. The obligation to provide
support remains even if the non-custodial parent doesn’t have a consistent income.
Support is based on the child’s needs, not the parent’s ability to pay.

e. Parental Authority – Articles 209 - 233

Article 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 of such children for civic consciousness
and efficiency and the development of their moral, mental and physical character
and well-being. (n)

Note: Parental authority (patria potestas) – is the sum total of the right of parents
over the persons and property of their children.
Kinds: Over the Persons; and Over the Property

The purpose of parental authority is not only the sound of physical development
of the children, but also the cultivation of their intellectual perceptions, and the
nourishment of their appetitive and sensitive faculties.

Article 210. Parental authority and responsibility may not be renounced or

transferred except in the cases authorized by law. (313a)

Note: Parental authority is a right and a duty. It is purely personal. It cannot be

renounced, transferred or waived, except in cases authorized by law. It can be
waived in cases of adoption, guardianship, or surrender to a children’s home or
orphanage.

Article 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. (17a, PD
603)

Note: This article states that both parents have joint parental authority over their
legitimate children. In the event of disagreement, the father’s decision usually
prevails. As children falls under parental authority, they are obligated always to
observe and respect and reverence towards their parents as well as to obey them.

Article 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)

Article 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)

No child under seven years of age shall be separated from the mother, unless the
court finds compelling reasons to order otherwise.

Article 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. (19a,
PD 603)
 Article 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)

Article 216. In default of parents or a judicially appointed guardian, the following

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

Article 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)

Article 218. The school, its administrators and teachers, or the individual, entity or
institution engaged in child care 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)

Article 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)

Article 220. The parents and those exercising parental authority shall have with
respect to their unemancipated children or 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)

Article 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)

Article 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)

Article 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)

Article 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. (319a)

Article 225. The father and the mother shall jointly exercise legal guardianship over
the property of their unemancipated common child without the necessity of a court
appointment. In case of disagreement, the father’s decision shall prevail, unless there
is a judicial order to the contrary.

Where the market value of the property or the annual income of the child exceeds
P50, 000, the parent concerned shall be required to furnish a bond in such amount as
the court may determine, but not less than ten per centum (10%) of the value of the
property or annual income, to guarantee the performance of the obligations prescribed
for general guardians.

A verified petition for approval of the bond shall be fi led in the proper court of the
place where the child resides, or, if the child resides in a foreign country, in the proper
court of the place where the property or any part thereof is situated.

The petition shall be docketed as a summary special proceeding in which all incidents
and issues regarding the performance of the obligations referred to in the second
paragraph of this Article shall be heard and resolved. All such incidents and issues
shall be decided in an expeditious and inexpensive manner without regard to technical
rules.

The ordinary rules on guardianship shall be merely suppletory except when the child
is under substitute parental authority, or the guardian is a stranger, or a parent has
remarried, in which case the ordinary rules on guardianship shall apply. (320a)

Article 226. The property of the unemancipated child earned or acquired with his
work or industry or by onerous or gratuitous title shall belong to the child in
ownership and shall be devoted exclusively to the latter’s support and education,
unless the title or transfer provides otherwise.

The right of the parents over the fruits and income of the child’s property shall be
limited primarily to the child’s support and secondarily to the collective daily needs of
the family. (321a, 323a)

Article 227. If the parents entrust the management or administration of any of their
properties to an unemancipated child, the net proceeds of such property shall belong
to the owner. The child shall be given a reasonable monthly allowance in an amount
not less than that which the owner would have paid if the administrator were a
stranger, unless the owner, grants the entire proceeds to the child. In any case, the
proceeds thus given in whole or in part shall not be charged to the child’s legitime.
(322a)

Article 228. Parental authority terminates permanently:

1) Upon the death of the parents;

2) Upon the death of the child; or
3) Upon emancipation of the child. (327a)

Article 229. Unless subsequently revived by a final judgment, parental authority also
terminates:
 1) Upon adoption of the child;
2) Upon appointment of a general guardian;
3) Upon judicial declaration of abandonment of the child in a case fi led for the
purpose;
4) Upon final judgment of a competent court divesting the party concerned of
parental authority; or
5) Upon judicial declaration of absence or incapacity of the person exercising
parental authority. (327a)

Article 230. Parental authority is suspended upon conviction of the parent or the
person exercising the same of a crime which carries with it the penalty of civil
interdiction. The authority is automatically reinstated upon service of the penalty or
upon pardon or amnesty of the offender. (330a)

Article 231. The court in an action fi led for the purpose or in a related case may also
suspend parental authority if the parent or the person exercising the same:

1) Treats the child with excessive harshness or cruelty;

2) Gives the child corrupting orders, counsel or example
3) Compels the child to beg; or
4) Subjects the child or allows him to be subjected to acts of lasciviousness.

The grounds enumerated above are deemed to include cases which have resulted from
culpable negligence of the parent or the person exercising parental authority.

If the degree of seriousness so warrants, or the welfare of the child so demands, the
court shall deprive the guilty party of parental authority or adopt such other measures
as may be proper under the circumstances.

The suspension or deprivation may be revoked and the parental authority revived in a
case fi led for the purpose or in the same proceeding if the court finds that the cause
therefor has ceased and will not be repeated. (332a)

Article 232. If the person exercising parental authority has subjected the child or
allowed him to be subjected to sexual abuse, such person shall be permanently
deprived by the court of such authority. (n)

Article 233. The person exercising substitute parental authority shall have the same
authority over the person of the child as the parents. In no case shall the school
administrator, teacher or individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child. (n)

4. Property Relations
Articles 74, 77, 81, 82, 84, 91, 96, 105, 143, 147

Article 74. The property relations between husband and wife shall be governed in
the following order:
 1) By marriage settlements executed before the marriage;
2) By the provisions of this Code; and
3) By the local custom. (118)

Note: A marriage settlement is a contract entered into by the future spouses fixing
matrimonial property regime that should govern during the existence of the marriage.

Article 77. The marriage settlements and any modification thereof shall be in writing,
signed by the parties and executed before the celebration of the marriage. They shall
not prejudice third persons unless they are registered in the local civil registry where
the marriage contract is recorded as well as in the proper registries of property. (122a)

Note: This article puts the requisites of a marriage settlement as well as any of its
modification in correlation with Article 81.

1. Marriage settlement must be in writing

2. it is signed by the parties thereto
3. executed before the declaration of the marriage
4. the marriage must be celebrated
5. duly registered in the civil registry and registry of property in order to bind third
persons.

Article 81. Everything stipulated in the settlements or contracts referred to in the

preceding articles in consideration of a future marriage, including donations between
the prospective spouses made therein, shall be rendered void if the marriage does not
take place. However, stipulations that do not depend upon the celebration of the
marriage shall be valid. (125a)

Note: This article states that any agreement on property relations for a future marriage
is void if the marriage does not take place. However, some provisions of the marriage
settlement may remain valid, such as those that are not dependent on the marriage
being celebrated. For instance, a provision that recognizes the paternity of an
illegitimate child or promises contractual support will remain valid even if the
marriage does not take place.

Article 82. Donations by reason of marriage are those which are made before its
celebration, in consideration of the same, and in favor of one or both of the future
spouses. (126)

Note: The donations referred hereto are made before the marriage, in favor of one or
both of the future spouses. Donations proper nuptias (proper means before) are
wedding gifts, but not all wedding gifts are donations propter nuptias, for said
wedding gifts may come after the celebration of the marriage.

Requisites for a valid donation proper nuptias:

 Must be made before the celebration of the marriage
 Must be made in consideration of the same
 Must be made in favor of one or both of the future spouses
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. (130a)’

Note: this article states that if a couple agrees to a regime other than absolute
community of property, they cannot donate more than one-fifth of their current
property to each other in their marriage settlements. Any excess donation is
considered void.

Article 91. Unless otherwise provided in this Chapter or in the marriage settlements,
the community property shall consist of all the property owned by the spouses at the
time of the celebration of the marriage or acquired thereafter. (197a)

Note: This article states that all property owned by a couple at the time of marriage is
acquired after, is considered part of the absolute community of property. This includes
property acquired during the marriage, regardless of whether the title held by one or
both spouses.

Article 96. The administration and enjoyment of the community property shall belong
to both spouses jointly. In case of disagreement, the husband’s decision shall prevail,
subject to recourse to the court by the wife for a proper remedy, which must be
availed of within five years from the date of the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the common properties, the other spouse may assume sole powers of
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. (206a)

Note: Joint administration both spouses have the power to administer the community
property.
Joint consent both spouses must consent a major transactions, such as selling the
property.
In case of disagreements the husband’s decision prevails. However, the wife can
appeal to the court within 5 years of the contract.
Legal consequences a spouse who dispose of community property without the other
spouse’s consent may face legal consequences, such as annulment or damages.
Incapacitated spouse if one spouse is incapacitated, the other spouse can assume sole
administration. However, they cannot dispose of the property without the other
spouse’s consent or court order. (The contract shall be Void)
Article 105. In case the future spouses agree in the marriage settlements that the
regime of conjugal partnership of gains shall govern their property relations during
marriage, the provisions in this Chapter shall be of supplementary application. (n)

Note: This article states that the provision of the chapter on conjugal partnership of
gains apply when the future spouses agree to this regime in their marriage settlements.

Conjugal partnership is formed by a husband and 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 (as a general rule) upon the
dissolution of the marriage or the partnership.

Duration of conjugal partnership: dissolution of the marriage, like death or

annulment; the dissolution of partnership, like legal separation or judicial separation
of property.

If there is no prenuptial agreement, the default regime is absolute community of

property. All properties acquired by both spouses before and during the marriage is
considered communal 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. (212a)

Note: This article is about the regime of separation of property. It states that spouses
can agree to a separation of property regime in a prenuptial agreement which means
that each spouses keeps ownership of their own properties.

Article 147. When a man and a woman who are capacitated to marry each other, live
exclusively with each other as husband and wife without the benefit of marriage or
under a void marriage, their wages and salaries shall be owned by them in equal
shares and the property acquired by both of them through their work or industry shall
be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together
shall be presumed to have been obtained by their joint efforts, work or industry, and
shall be owned by them in equal shares. For purposes of this Article, a party who did
not participate in the acquisition by the other party of any property shall be deemed to
have contributed jointly in the acquisition thereof if the former’s efforts consisted in
the care and maintenance of the family and of the household.

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

When only one of the parties to a void marriage is in good faith, the share of the party
in bad faith in the co-ownership shall be forfeited in favor of their common children.
In case of default of or waiver by any or all of the common children or their
descendants, each vacant share shall belong to the respective surviving descendants.
 In the absence of descendants, such share shall belong to the innocent party. In all
cases, the forfeiture shall take place upon termination of the cohabitation. (144a)

Note: This article only applies if the following requisites are present: both must be
capacitated to marry each other; there is no marriage or the marriage is void. This
applies to couples who live together in a stable, exclusive, and publicly recognized
relationship.

Property ownership – property acquired during the relationship is presumed to be

owned equally by both partners. Upon separation, the properties acquired during the
relationship are to be divided equally.

Article 147 is bigamous marriage (void), because the earnings of the bigamous spouse
should belong to the real, actual and legal partners. However, half salary would also
be given to the mistress or paramour.

5. Succession in a Nutshell

a. Intestate Succession – Article 887 (NCC)

Article 887. The following are compulsory heirs:

1) Legitimate children and descendants, with respect to their legitimate

parents and ascendants;
2) In default of the foregoing, legitimate parents and ascendants, with respect
to their legitimate children and ascendants;
3) The widow or widower;
4) Acknowledged natural children referred to in Article 287;

Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in

Nos. 1 and 2; neither do they exclude one another.

In all cases of illegitimate children, their filiation must be duly proved.

The father or mother of illegitimate children of the three classes mentioned,

shall inherit from them in the manner and to the extent established by this
Code. (807a)

b. Compulsory Heir – Article 970

Article 970. Representation is a right created by fiction of law, by virtue of which

is the representative is raised to the place and the degree of the person represented,
and acquires the rights which the latter would have if he were living or if he could
have inherited. (924a)

c. Wills and Testamentary Succession – Article 919, 891

 Legitime
  Notarial and Holographic Wills

Article 919. The following shall be sufficient causes for the disinheritance of children
and descendants, legitimate as well as illegitimate;

1) When a child or descendant has been found guilty of an attempt against the
life of the testator, his or her spouse, descendants, or ascendants;
2) When a child or descendant has accused the testator of a crime for which the
law prescribes imprisonment for six years or more, if the accusation has been
found groundless;
3) When a child or descendant has been convicted of adultery or concubinage
with the spouse of the testator
4) When a child or descendants by fraud, violence, intimidation, or undue
influence causes the testator to make a will or to change one already made;
5) A refusal without justifiable cause to support the parent or ascendant who
disinherits such child or descendants;
6) Maltreatment of the testator by word or deed, by the child or descendants;
7) When a child or descendants leads a dishonorable or disgraceful life;
8) Conviction of a crime which carries with it the penalty of civil interdiction
(756, 853, 674a)

Article 891. The ascendants who inherits from his descendants 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 relatives who are within the third degree and who belong to the line
from which said property came.

Wills, prohibited by the preceding article, executed by Filipinos in a foreign country

shall not be valid in the Philippines, even though authorized by the laws of the
country where they may have been executed (733a)