PERSONS AND FAMILY RELATIONS 2024

Art. 36: A marriage contracted by any party show a lack of

who, at the time of the celebration, was understanding and
psychologically incapacitated to comply with concomitant compliance with
the essential marital obligations of marriage, one’s essential marital
shall likewise be void even if such incapacity obligation due to psychic
becomes manifest only after its solemnization. causes
Definition: Psychological Incapacity depicts an
enduring aspect of a spouse's personality structure,
existing at the time of the celebration of marriage, Guidelines
that renders them incapable of understanding and 1. The plaintiff-spouse in an action to nullify a
complying with their essential marital obligations, valid marriage based on Article 36 of the
manifested through clear acts of dysfunctionality Family Code has the burden of proving his
that undermines, the family (Mutya-Sumilhig v. or her case with clear and convincing
Sumilhig, G.R. No. 230711, August 22, 2022) evidence;
Requisites:
It is less than proof beyond reasonable
1. Gravity - must be grave or serious such that doubt (for criminal cases) but greater than
the party would be incapable of carrying out the preponderance of evidence (for civil cases).
ordinary duties required in a marriage
2. Proof of the durable or enduring aspects of
2. Juridical Antecedence - Must be rooted in the a person's personality, called "personality
history of the party antedating the marriage,
structure," which manifests itself through
although the overt manifestations may emerge
clear acts of dysfunctionality that
only after the marriage;
undermines the family
3. Incurability - Must be incurable or, even if it
were otherwise, the cure would be beyond the ● The spouse's personality structure must
means of the party involved make it impossible for him or her to
understand and, more important, to
comply with his or her essential marital
Parties are required to obligations.
present evidence of the root
cause of the psychological 3. Psychological incapacity must be proven to
incapacity. The root cause be existing at the time of the celebration of
must be medically or marriage
Republic v.
clinically identified and
Molina
sufficiently proven by experts 4. Psychological incapacity must be incurable,
not in the medical, but the legal sense;
Nullity was confined to the
most serious cases of ● The incapacity is so enduring and
personality disorders persistent with respect to the specific
partner and contemplates a situation
Psychological incapacity is where the couple’s respective
Tan-Andal v. not a medical illness that has personality structures are so
Andal to be medically or clinically incompatible and antagonistic that the
identified. only result of the union would be
inevitable and irreparable breakdown of
Mutya-Sumilhig Durable aspect of one’s marriage.
v. Sumilhig personality structure which
manifests itself through clear
acts of dysfunctionality that
 PERSONS AND FAMILY RELATIONS 2024
5. The illness must be grave enough to bring ● A psychologist or psychiatrist may help
about disability to assume essential marital prove certain facts for courts to arrive at
obligations; a legal conclusion of psychological
incapacity by assessing and evaluating
● Marital obligations refer to Articles 68-71 the psychological condition of the
the Family Code as regards the parties. Thus, although expert opinion is
husband and wife as well as Articles not mandatory, due regard must be
220, 221, and 225 of the same code in given to expert opinion on the
regard to parents and their children; psychological disposition of the
respondent when it is presented in
● Non-complied marital obligation(s) must Article 36 cases (Mutya-Sumilhig v.
also be stated in the petition, proven by Sumilhig,G.R. No. 230711, August 22,
evidence and included in the text of the 2022)
decision.
ARTICLE 37. Marriages between the following
are incestuous and void from the beginning,
● Irreconcilable differences, conflicting
whether relationship between the parties be
personalities, emotional immaturity and
legitimate or illegitimate:
irresponsibility, physical abuse, habitual
alcoholism, sexual infidelity or
1) Between ascendants and descendants of
perversion, and abandonment, by
any degree; and
themselves, also do not warrant a
finding of psychological incapacity
2) Between brothers and sisters, whether of
(Carullo-Padua v. Padua, G.R. No.
the full or half blood. (81a)
208258, April 27, 2022).
The prohibition applies to those who are related by
6. Interpretations given by the National
blood.
Appellate Matrimonial Tribunal of the
Catholic Church in the Philippines, while not
Rationale for the rule:
controlling or decisive, is persuasive;
1. It would tend to create confusion of rights
7. The trial court must order the prosecuting
and duties incident to family relations.
attorney or fiscal and the Solicitor General
to appear as counsel for the state.
2. It is abhorrent to the nature
8. Proof of the personality structure need not
3. Intermarriages often result in deficient and
be given by an expert. Ordinary witnesses
degenerate offfsprins which can lead to a
who have been present in the life of the
serious deterioration of the race
spouses before the latter contracted
marriage may testify on behaviors that they
ARTICLE 38. The following marriages shall be
have consistently observed from the
void from the beginning for reasons of public
supposedly incapacitated spouse (Tan-
policy:
Andal v. Andal, G.R. No. 196359, May 11,
2021)
a) Between collateral blood relatives
whether legitimate or illegitimate, up to
● There is no requirement that a person
the fourth civil degree;
be examined by a physician before they
can be declared to be psychologically
b) Between step-parents and step-children;
incapacitated. What matters is that the
totality of evidence presented
c) Between parents-in-law and children-in-
establishes the party's psychological
law;
condition
 PERSONS AND FAMILY RELATIONS 2024
This includes marriages between former The prohibition under this Article hinges on the
parents-in-law and children-in law. affinity relation, adoptive relation, and the criminal
motive to dispose of a spouse in order to enable
It is said that once you get married, you and the surviving spouse to marry.
your spouse become one, such that teh
close relatives of your spouse should be ARTICLE 39. The action or defense for the
treated by you as your own. declaration of absolute nullity of a marriage
shall not prescribe.
d) Between the adopting parent and the
adopted child; Void marriages can be questioned even after the
death of either party. Death of a party does not
e) Between the surviving spouse of the extinguish the action for petition for declaration of
adopting parent and the adopted child; absolute nullity of marriage as the deceased may
have heirs with legal standing to assail the void
f) Between the surviving spouse of the marriage. (Thomas v. Trono, G.R. No. 241032
adopted child and the adopter; (Resolution), March 15, 2021)

g) Between an adopted child and a Only the husband or the wife can file an action to
legitimate child of the adopter; declare their marriage void. Even the party at fault
may bring the action to nullify the marriage as pari
h) Between adopted children of the same delicto rule will not apply in nulllity cases.
adopter; and

i) Between parents of the adopter and the

adopted ARTICLE 40. The absolute nullity of a previous
marriage may be invoked for purposes of
j) Between the legitimate sibling of the remarriage on the basis solely of a final
adopter and the adopted judgment declaring such previous marriage
void.
k) Between any legitimate descendant of
the adopter and the adopted The accused in a bigamy case can collaterally
attack the validity of a prior void marriage in the
Adoption creates an artificial relation of same criminal proceedings for bigamy.
parent and child between the adopter and
the adoptee. The parties are not required to obtain a judicial
declaration of absolute nullity of a void ab initio first
l) Between parties where one, with the and subsequent marriages in order to raise it as a
intention to marry the other, killed that defense in a bigamy case.
other person's spouse, or his or her own
spouse. Consequently, a judicial declaration of absolute
nullity of the first and/or subsequent marriages
● The marriage is void even if the obtained by the accused in a separate proceeding,
surviving spouse did not conspire in the irrespective of the time within which they are
killing of his or her spouse, provided that secured, is a valid defense in the criminal
the killing was animated primarily by the prosecution for bigamy (Pulido v. People, G.R. No.
intention or desire to do away with the 220149, July 27, 2021).
victim for the purpose of marrying the
surviving spouse. If the first marriage is merely voidable, the accused
cannot interpose an annulment decree as a
● No prior criminal conviction is required defense in the criminal prosecution for bigamy
to render the marriage void. since the voidable first marriage is considered valid
and subsisting when the second marriage was
contracted.
 PERSONS AND FAMILY RELATIONS 2024

The crime of bigamy, therefore, is consummated The well-founded belief requires the present
when the second marriage was celebrated during spouse to prove that his/her belief was the
the subsistence of the voidable first marriage. result of diligent and reasonable efforts to
locate the absent spouse and that based on
The same rule applies if the second marriage is these efforts and inquiries, he/she believes
merely considered as voidable.
that under the circumstances, the absent
spouse is already dead. It necessitates
ARTICLE 41. A marriage contracted by any
person during subsistence of a previous exertion of active effort (not a mere passive
marriage shall be null and void, unless before one).
the celebration of the subsequent marriage, the
prior spouse had been absent for four Mere absence of the spouse (even beyond
consecutive years and the spouse present has the period required by law), lack of any
a well-founded belief that the absent spouse news that the absentee spouse is still alive,
was already dead. In case of disappearance mere failure to communicate, or general
where there is danger of death under the presumption of absence under the Civil
circumstances set forth in the provisions of Code would not suffice.
Article 391 of the Civil Code, an absence of only
two years shall be sufficient. While the act of seeking investigative aid
from authorities will not automatically
For the purpose of contracting the subsequent
secured a positive conclusion of a "diligent
marriage under the preceding paragraph the
spouse present must institute a summary search," official documents could still have
proceeding as provided in this Code for the been procured to attest that the present
declaration of presumptive death of the spouse had assiduously investigated the
absentee, without prejudice to the effect of disappearance of the absentee (Republic v.
reappearance of the absent spouse. Ponce-Pilapil, G.R. No. 219185, November
25, 2020)
For the purpose of 'contracting the subsequent
marriage, the 'spouse present must institute a 4. The present spouse files for a Summary
summary proceeding as- provided in the Family proceeding for the declaration of
Code for the declaration of presumptive death of presumptive death of the absentee.
the absentee, without prejudice to the effect of (Republic v. Ponce-Pilapil, G.R. No.
reappearance of the absent spouse 219185, November 25, 2020)

Requisites for a Declaration of Presumptive Death ARTICLE 42. The subsequent marriage referred
to in the preceding Article shall be
1. Absence of the spouse for the following automatically terminated by the recording of the
periods: affidavit of reappearance of the absent spouse,
● 4 consecutive years if there is no danger unless there is a judgment annulling the
of death previous marriage or declaring it void ab initio.
● 2 consecutive years if the
A sworn statement of the fact and
disappearance occurred where there is
circumstances of reappearance shall be
danger of death under the
recorded in the civil registry of the residence of
circumstances laid down in Article 391 the parties to the subsequent marriage at the
of the Civil Code; instance of any interested person, with due
notice to the spouses of the subsequent
2. The present spouse wishes to remarry; marriage and without prejudice to the fact of
reappearance being judicially determined in
3. The present spouse has a well-founded case such fact is disputed. (n)
belief that the absentee is dead; and
 PERSONS AND FAMILY RELATIONS 2024
A subsequent marriage shall only be terminated by A simulated marriage used as a front for illicitly
the recording of the Affidavit of Reappearance of obtaining benefits is totally inexistent, as the parties
the absent spouse, unless there is a judgment to it have no genuine intent to enter into marital
annulling the previous marriage or declaring it void relations. Such marriage is void.
ab initio
VOIDABLE MARRIAGES
ARTICLE 43. The termination of the subsequent
marriage referred to in the preceding Article Voidable marriages are considered valid and
shall produce the following effects: produces all its civil effects, until it is set aside by
final judgment of a competent court in an action
1. The children of the subsequent marriage for annulment. A voidable marriage can be
conceived prior to its termination shall generally ratified by free cohabitation.
be considered legitimate;
Without a judgment of annulment, the marriage is
2. The absolute community of property or regarded as valid.
the conjugal partnership, as the case
may be, shall be dissolved and ARTICLE 45. A marriage may be annulled for
liquidated, but if either spouse any of the following causes, existing at the time
contracted said marriage in bad faith, his of the marriage:
or her share of the net profits of the
community property or conjugal 1. That the party in whose behalf it is
partnership property shall be forfeited in sought to have the marriage annulled
favor of the common children or, if there was eighteen years of age or over but
are none, the children of the guilty below twenty-one, and the marriage was
spouse by a previous marriage or in solemnized without the consent of the
default of children, the innocent spouse parents, guardian or person having
substitute parental authority over the
3. Donations by reason of marriage shall party, in that order, unless after attaining
remain valid, except that if the donee the age of twenty-one, such party freely
contracted the marriage in bad faith, cohabited with the other and both lived
such donations made to said donee are together as husband and wife;
revoked by operation of law;
2. That either party was of unsound mind,
4. The innocent spouse may revoke the unless such party after coming to
designation of the other spouse who reason, freely cohabited with the other
acted in bad faith as beneficiary in any as husband and wife;
insurance policy, even if such
designation be stipulated as irrevocable; 3. That the consent of either party was
and obtained by fraud, unless such party
afterwards, with full knowledge of the
5. The spouse who contracted the facts constituting the fraud, freely
subsequent marriage in bad faith shall cohabited with the other as husband and
be disqualified to inherit from the wife;
innocent spouse by testate and intestate
succession. ARTICLE 46. Any of the following
circumstances shall constitute fraud
ARTICLE 44. If both spouses of the subsequent referred to in Number 3 of the preceding
marriage acted in bad faith, said marriage shall Article:
be void ab initio and all donations by reason of
marriage and testamentary dispositions made (1) Non-disclosure of a previous
by one in favor of the other are revoked by conviction by final judgment of the
operation of law. other party of a crime involving moral
turpitude;
 PERSONS AND FAMILY RELATIONS 2024
for 3 years. In such event, the husband will
(2) Concealment by the wife of the fact have to overcome this presumption
that at the time of the marriage, she
was pregnant by a man other than 6. That either party was afflicted with a
her husband; sexually-transmissible disease found to
be serious and appears to be incurable.
(3) Concealment of sexually
transmissible disease, regardless of
its nature, existing at the time of the ARTICLE 47. The action for annulment of
marriage; or marriage must be filed by the following persons
and within the periods indicated herein:
(4) Concealment of drug addiction,
habitual alcoholism or homosexuality 1) For causes mentioned in number 1 of
or lesbianism existing at the time of Article 45 by the party whose parent or
the marriage. guardian did not give his or her consent,
within five years after attaining the age
No other misrepresentation or deceit as of twenty-one, or by the parent or
to character, health, rank, fortune or guardian or person having legal charge
chastity shall constitute such fraud as of the minor, at any time before such
will give grounds for action for the party has reached the age of twenty-one;
annulment of marriage.
2) For causes mentioned in number 2 of
The enumeration under Art. 46 is exclusive Article 45, by the same spouse, who had
no knowledge of the other's insanity; or
4. That the consent of either party was by any relative or guardian or person
obtained by force, intimidation or undue having legal charge of the insane, at any
influence, unless the same having time before the death of either party, or
disappeared or ceased, such party by the insane spouse during a lucid
thereafter freely cohabited with the other interval or after regaining sanity;
as husband and wife;
3) For causes mentioned in number 3 of
Articles 45, by the injured party, within
5. That either party was physically
five years after the discovery of the
incapable of consummating the marriage
fraud;
with the other, and such incapacity
continues and appears to be incurable;
4) For causes mentioned in number 4 of
Article 45, by the injured party, within
Only impotency is a ground for annulment,
five years from the time the force,
not sterility.
intimidation or undue influence
disappeared or ceased;
Requisites:
5) For causes mentioned in number 5 and 6
a. The other spouse must not also be
of Article 45, by the injured party, within
impotent
five years after the marriage.
b. The impotence is unknown to the
other spouse
ARTICLE 48. In all cases of annulment or
c. Impotence is permanent, incurable
declaration of absolute nullity of marriage, the
and existing at the time of the
Court shall order the prosecuting attorney or
marriage
fiscal assigned to it to appear on behalf of the
State to take steps to prevent collusion between
Doctrine of Triennial Cohabitation
the parties and to take care that evidence is not
declares the presumption that the husband
fabricated or suppressed.
is impotent should the wife still remain a
virgin after living together with the husband
 PERSONS AND FAMILY RELATIONS 2024
In the cases referred to in the preceding The children or their guardian or the trustee of
paragraph, no judgment shall be based upon a their property may ask for the enforcement of
stipulation of facts or confession of judgment. the judgment.

ARTICLE 49. During the pendency of the action The delivery of the presumptive legitimes
and in the absence of adequate provisions in a herein prescribed shall in no way prejudice the
written agreement between the spouses, the ultimate successional rights of the children
Court shall provide for the support of the accruing upon the death of either of both of the
spouses and the custody and support of their parents; but the value of the properties already
common children. received under the decree of annulment or
absolute nullity shall be considered as
The Court shall give paramount consideration advances on their legitime. (n)
to the moral and material welfare of said
children and their choice of the parent with ARTICLE 52. The judgment of annulment or of
whom they wish to remain as provided to in absolute nullity of the marriage, the partition
Title IX. It shall also provide for appropriate and distribution of the properties of the
visitation rights of the other parent. (n) spouses and the delivery of the children's
presumptive legitimes shall be recorded in the
ARTICLE 50. The effects provided for by appropriate civil registry and registries of
paragraphs (2), (3), (4) and (5) of Article 43 and property; otherwise, the same shall not affect
by Article 44 shall also apply in the proper third persons. (n)
cases to marriages which are declared ab initio
or annulled by final judgment under Articles 40 ARTICLE 53. Either of the former spouses may
and 45. marry again after compliance with the
requirements of the immediately preceding
The final judgment in such cases shall provide Article; otherwise, the subsequent marriage
for the liquidation, partition and distribution of shall be null and void.
the properties of the spouses, the custody and
support of the common children, and the ARTICLE 54. Children conceived or born before
delivery of third presumptive legitimes, unless the judgment of annulment or absolute nullity of
such matters had been adjudicated in previous the marriage under Article 36 has become final
judicial proceedings. and executory shall be considered legitimate.
Children conceived or born of the subsequent
All creditors of the spouses as well as of the marriage under Article 53 shall likewise be
absolute community or the conjugal legitimate.
partnership shall be notified of the proceedings
for liquidation. LEGAL SEPARATION

In the partition, the conjugal dwelling and the A decree of legal separation does not result int
lot on which it is situated, shall be adjudicated eh severance of the marital bond but will only
in accordance with the provisions of Articles entitle the spouses to live separately.
102 and 129.
ARTICLE 55. A petition for legal separation may
ARTICLE 51. In said partition, the value of the be filed on any of the following grounds:
presumptive legitimes of all common children,
computed as of the date of the final judgment of (1) Repeated physical violence or grossly
the trial court, shall be delivered in cash, abusive conduct directed against the
property or sound securities, unless the parties, petitioner, a common child, or a child of the
by mutual agreement judicially approved, had petitioner;
already provided for such matters.
A single act of physical violence directed
against the petitioner is a sufficient ground for
legal separation if the same amounts to an
 PERSONS AND FAMILY RELATIONS 2024
attempt against the life of the petitioner or for separation (Partosa-Jo v. CA, G.R. No. 82606,
the purpose of compelling the petitioner to December 18, 1992).
change religious or political affiliation.
For purposes of this Article, the term "child"
(2) Physical violence or moral pressure to shall include a child by nature or by adoption.
compel the petitioner to change religious or (9a)
political affiliation;
ARTICLE 56. The petition for legal separation
(3) Attempt of respondent to corrupt or induce shall be denied on any of the following
the petitioner, a common child, or a child of grounds:
the petitioner, to engage in prostitution, or
connivance in such corruption or 1) Where the aggrieved party has condoned
inducement; the offense or act complained of;

(4) Final judgment sentencing the respondent Granting that the infidelities amounting to
to imprisonment of more than six years, adultery were committed by the wife, the act of
even if pardoned; the husband in persuading her to come along
with him, and the fact that she went with him
(5) Drug addiction or habitual alcoholism of the and together they slept as husband and wife,
respondent; deprives him, as the alleged offended spouse,
of any action for legal separation against the
(6) Lesbianism or homosexuality of the offending wife,
respondent;
Any cohabitation with the guilty party, after the
(7) Contracting by the respondent of a commission of the offense, and with the
subsequent bigamous marriage, whether in knowledge or belief on the part of the injured
the Philippines or abroad; party of its commission, will amount to
conclusive evidence of condonation; but this
(8) Sexual infidelity or perversion; presumption may be rebutted by evidence

Sexual perversion includes engaging in such 2) Where the aggrieved party has consented to
behavior not only with third persons but also the commission of the offense or act
with the spouse. complained of;

Sexual infidelity need not be committed in The husband, knowing that she resumed living
relation to the opposite sex. So long as the with her codefendant in 1924, did nothing to
sexual act is committed with someone other interfere with their relations or to assert his
rights as husband.
than the spouse, there is sufficient ground for
legal separation.
3) Where there is connivance between the
parties in the commission of the offense or
(9) Attempt by the respondent against the life of act constituting the ground for legal
the petitioner; or separation;
(10) Abandonment of petitioner by 4) Where both parties have given ground for
respondent without justifiable cause for legal separation;
more than one year.
5) Where there is collusion between the parties
Abandonment implies total renunciation of to obtain decree of legal separation; or
duties and without justifiable clause. There must
be absolute cessation of marital relations, Collusion in matrimonial cases is the act of
duties, and rights with the intention of perpetual married persons in procuring a divorce by
mutual consent, whether by preconcerted
 PERSONS AND FAMILY RELATIONS 2024
commission by one of a matrimonial offense, or ARTICLE 60. No decree of legal separation shall
by failure, in pursuance of agreement, to defend be based upon a stipulation of facts or a
divorce proceedings. confession of judgment.

6) Where the action is barred by prescription. In any case, the Court shall order the
(100a) prosecuting attorney or fiscal assigned to it to
take steps to prevent collusion between the
parties and to take care that the evidence is not
Additional grounds: fabricated or suppressed. (101a)
7) Death of either party during the pendency of the
case ARTICLE 61. After the filing of the petition for
legal separation, the spouses shall be entitled
a. Death before entry of judgment – The to live separately from each other.
court-shall order the case closed and
terminated without prejudice to the The court, in the absence of a written
settlement of estate in proper agreement between the spouses, shall
proceedings in the regular courts designate either of them or a third person to
administer the absolute community or conjugal
b. Death after entry of judgment - The partnership property. The administrator
judgment shall be binding upon the appointed by the court shall have the same
parties and their successors in interest powers and duties as those of a guardian under
in the settlement of the estate in the the Rules of Court. (104a)
regular courts
Evidence of misconduct of the plaintiff spouse and
8) Reconciliation of the spouses during the failure or default of the other set it up of the plaintiff
pendency of the case spouse and failure or default of the other to set it up
by way of defense are proper subject of inquiry by
ARTICLE 57. An action for legal separation shall the prosecuting attorney as they may be justifiably
be filed within five years from the time of the be considered circumstantial evidence of collusion
occurrence of the cause. (102) between the parties thereto.

ARTICLE 58. An action for legal separation shall ARTICLE 62. During the pendency of the action
in no case be tried before six months shall have for legal separation, the provisions of Article 49
elapsed since the filing of the petition. (103) shall likewise apply to the support of the
spouses and the custody and support of the
In cases of legal separation where violence as common children. (105a)
specified in R.A. No. 9262 is alleged, the 6-month
cooling-off period provided in Article 58 of the ARTICLE 63. The decree of legal separation
Family Code shall not apply (R.A. No. 9262, Sec. shall have the following effects:
19).
1) The spouses shall be entitled to live
The cooling-off period does not prevent the court separately from each other, but the marriage
from hearing a motion for preliminary injunction to bonds shall not be severed;
prevent the respondent from managing the
exclusive property of the petitioner. After the finality of the decree, the obligation of
mutual support between the spouses ceases
ARTICLE 59. No legal separation may be unless the court provides otherwise.
decreed unless the Court has taken steps
toward the reconciliation of the spouses and is 2) The absolute community or the conjugal
fully satisfied, despite such efforts, that partnership shall be dissolved and
reconciliation is highly improbable. (n) liquidated but the offending spouse shall
have no right to any share of the net profits
earned by the absolute community or the
 PERSONS AND FAMILY RELATIONS 2024
conjugal partnership, which shall be ARTICLE 65. If the spouses should reconcile, a
forfeited in accordance with the provisions corresponding joint manifestation under oath
of Article 43(2); duly signed by them shall be filed with the court
in the same proceeding for legal separation.
3) The custody of the minor children shall be
awarded to the innocent spouse, subject to ARTICLE 66. The reconciliation referred to in
the provisions of Article 213 of this Code; the preceding Articles shall have the following
and consequences:

R.A. 9262 prohibits the awarding of custody of 1) The legal separation proceedings, if still
minor children to the perpetrator of a woman pending, shall thereby be terminated at
who is suffering from battered woman whatever stage; and
syndrome.
2) The final decree of legal separation shall be
In addition, the victim shall not be disqualified set aside, but the separation of property and
from having custody of her children. any forfeiture of the share of the guilty
spouse already effected shall subsist,
4) The offending spouse shall be disqualified unless the spouses agree to revive their
from inheriting from the innocent spouse by former property regime.
intestate succession. Moreover, provisions
in favor of the offending spouse made in the The court's order containing the foregoing shall
will of the innocent spouse shall be revoked be recorded in the proper civil registries. (108a)
by operation of law. (106a)
ARTICLE 67. The agreement to revive the
ARTICLE 64. After the finality of the decree of former property regime referred to in the
legal separation, the innocent spouse may preceding Article shall be executed under oath
revoke the donations made by him or by her in and shall specify:
favor of the offending spouse, as well as the
designation of the latter as beneficiary in any 1) The properties to be contributed anew to the
insurance policy, even if such designation be restored regime;
stipulated as irrevocable.
2) Those to be retained as separated
The revocation of the donations shall be properties of each spouse; and
recorded in the registries of property in the
places where the properties are located. 3) The names of all their known creditors, their
Alienations, liens and encumbrances registered addresses and the amounts owing to each.
in good faith before the recording of the
complaint for revocation in the registries of The agreement of revival and the motion for its
property shall be respected. The revocation of approval shall be filed with the court in the
or change in the designation of the insurance same proceeding for legal separation, with
beneficiary shall take effect upon written copies of both furnished to the creditors named
notification thereof to the insured. therein. After due hearing, the court shall, in its
order, take measure to protect the interest of
The action to revoke the donation under this creditors and such order shall be recorded in
Article must be brought within five years from the proper registries of properties.
the time the decree of legal separation become
final. The recording of the ordering in the registries
of property shall not prejudice any creditor not
The registered Decree shall be the best evidence to listed or not notified, unless the debtor-spouse
prove the legal separation of the parties and shall has sufficient separate properties to satisfy the
serve as notice to third persons concerning the creditor's claim.
properties of petitioner and respondent
 PERSONS AND FAMILY RELATIONS 2024
RIGHTS AND OBLIGATIONS BETWEEN
HUSBAND AND WIFE Other Remedies:
1) Nullity of Marriage under Art. 36

ARTICLE 68. The husband and wife are obliged 2) Receivership

to live together, observe mutual love, respect
and fidelity, and render mutual help and 3) Judicial Separation of Property
support.
4) Sole administrator of Common Property
Except for support, the court is powerless to
enforce this provision but there are sanctions for ARTICLE 69. The husband and wife shall fix the
non-observance of this obligation e.g. concubinage, family domicile. In case of disagreement, the
adultery, bigamy, et., as these obligations are court shall decide.
purely personal and voluntary.
The court may exempt one spouse from living
There can be no action for damages merely with the other if the latter should live abroad or
because of a breach of marital obligation because it there are other valid and compelling reasons for
would be absurd to make one spouse pay damages the exemption. However, such exemption shall
to the other out of conjugal funds. not apply if the same is not compatible with the
solidarity of the family.
However, if property regime is complete separation
of property, a spouse who in bad faith refuses to The court is powerless to enforce this provision.
comply with his/her marital obligation may be held However, if a spouse leaves the conjugal dwelling
liable under the “abuse of right” doctrine based on without just cause, the obligation to support
Articles 19, 20, and 21 of the Civil Code terminates.

Except where the non-compliance with marital

obligations is due to the psychological incapacity of ARTICLE 70. The spouses are jointly
either or both spouses, the award of moral responsible for the support of the family. The
damages, exemplary damages, and attorney’s fees expenses for such support and other conjugal
on the ground that the very nature of psychological obligations shall be paid from the community
incapacity which is non-cognizance of one’s property and, in the absence thereof, from the
essential marital obligations negates bad faith income or fruits of their separate properties. In
which is an essential element in awarding damages case of insufficiency or absence of said income
(Buenaventura vs. Court of Appeals, G.R. Nos. 127 or fruits, such obligations shall be satisfied
358/127449, 31 March 2005) from the separate properties.

In order for criminal liability to arise under Section 5 ARTICLE 71. The management of the household
(i) of R.A. 9262, insofar as it deals with "denial of shall be the right and the duty of both spouses.
financial support," there must, therefore, be The expenses for such management shall be
evidence on record that the accused willfully or paid in accordance with the provisions of
consciously withheld financial support legally due Article 70. (115a)
the woman for the purpose of inflicting mental or
emotional anguish upon her. In other words, the ARTICLE 72. When one of the spouses neglects
actus reus of the offense under Section 5 (i) is the his or her duties to the conjugal union or
willful denial of financial support, while the mens commits acts which tend to bring danger,
rea is the intention to inflict mental or emotional dishonor or injury to the other or to the family,
anguish upon the woman. Both must thus exist and the aggrieved party may apply to the court for
be proven in court before a person may be relief. (116a)
convicted of violating Section 5 (i) of R.A. 9262.
(Acharon v. People, G.R. No. 224946, 09 ARTICLE 73. Either spouse may exercise any
November 2021) legitimate profession, occupation, business or
activity without the consent of the other. The
 PERSONS AND FAMILY RELATIONS 2024
latter may object only on valid, serious, and married for the purpose of fixing the terms and
moral grounds. conditions of their property relations during the
marriage.
In case of disagreement, the court shall decide
whether or not: The property relations of the spouses shall primarily
be governed by their marriage settlement, if there is
1) The objection is proper, and one. Being a contract, it Is governed by the law on
contracts.
2) Benefit has accrued to the family prior to the
objection or thereafter. If the benefit accrued The property regime, whether ACP or CPG,
prior to the objection, the resulting commences as the precise moment of the
obligation shall be enforced against the celebration of marriage (Art. 88 & 107, FC)
community property. If the benefit accrued
thereafter, such obligation shall be enforced Property Regimes Available to the Future
against the separate property of the spouse Spouse in Marriage Settlement
who has not obtained consent. 1. Absolute Community
2. Conjugal Partnership of Gains
The foregoing provisions shall not prejudice the 3. Complete Separation of Property
rights of creditors who acted in good faith. 4. Any other regime

Under R.A. 9262, if the husband prevents the wife

from engaging in any legitimate profession, ARTICLE 76. In order that any modification in
occupation, business, or activity, he has committed the marriage settlements may be valid, it must
an act of violence punishable by the said law. be made before the celebration of the marriage,
subject to the provisions of Articles 66, 67, 128,
135 and 136.
PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE Once the parties have agreed on a property regime
in their marriage settlement, the same could no
longer be changed or modified during the marriage
ARTICLE 74. The property relationship between except in those instances provided for by Articles
husband and wife shall be governed in the 66, 67, 128, 135, and 136.
following order:
Articles 66 & 67 refer to revival of the property
1) By marriage settlements executed before regime due to reconciliation of spouses after legal
the marriage; separation.

2) By the provisions of this Code; and Articles 128, 135, & 136 refer to the separation of
property during the marriage with proper
3) By the local custom. intervention of the court.

ARTICLE 75. The future spouses may, in the Instances when the property regime may be
marriage settlements, agree upon the regime of modified after the marriage ceremony:
absolute community, conjugal partnership of
gains, complete separation of property, or any 1. That the spouse of the petitioner has been
other regime. In the absence of a marriage sentenced to a penalty which carries with it
settlement, or when the regime agreed upon is civil interdiction;
void, the system of absolute community of
property as established in this Code shall 2. That the spouse of the petitioner has been
govern. (119a) judicially declared an absentee;

Marriage settlement or prenuptial agreements refer

to agreements entered into by parties about to be
 PERSONS AND FAMILY RELATIONS 2024
3. That loss of parental authority of the spouse A person suffering from civil interdiction or from any
of petitioner has been decreed by the court; other disability can be a party to a marriage
settlement. However, it shall be indispensable for
4. That the spouse of the petitioner has the guardian appointed by a competent court to be
abandoned the latter or failed to comply with made a party thereto.
his or her obligations to the family as
provided for in Article 101; To bind 3rd persons, compliance with (f) is a must.
Otherwise, 3rd persons who deal with either or both
5. That the spouse granted the power of spouses have the right to presume that they are
administration in the marriage settlements governed by the absolute community of property.
has abused that power; and
ARTICLE 78. A minor who according to law may
6. That at the time of the petition, the spouses contract marriage may also execute his or her
have been separated in fact for at least one marriage settlements, but they shall be valid
year and reconciliation is highly only if the persons designated in Article 14 to
improbable. give consent to the marriage are made parties
to the agreement, subject to the provisions of
7. In the cases provided for in Numbers (1), (2) Title IX of this Code.
and (3), the presentation of the final
judgment against the guilty or absent Article 78 is no longer applicable now as it has
spouse shall be enough basis for the grant already been repealed by R.A. No. 6809 which
of the decree of judicial separation of lowered the age of majority from 21 to 18 years old.
property (Art. 135, FC)
ARTICLE 79. For the validity of any marriage
8. In case of abandonment or failure to comply settlement executed by a person upon whom a
with marital obligations (Art. 128, FC) sentence of civil interdiction has been
pronounced or who is subject to any other
ARTICLE 77. The marriage settlements and any disability, it shall be indispensable for the
modification thereof shall be in writing, signed guardian appointed by a competent court to be
by the parties and executed before the made a party thereto.
celebration of the marriage. They shall not
prejudice third persons unless they are Civil interdiction is an accessory penalty to a
registered in the local civil registry where the crime which carries the penalty of reclusion
marriage contract is recorded as well as in the perpetua and reclusion temporal.
proper registries of properties.
It deprives the offender during the time of his
Requisites of a Marriage Settlement and its sentence of the rights to parental authority,
Modifications guardianship over the property and person of the
a. Made before the celebration of the ward, of marital authority, of the rights to manage
marriage; his property, and of any right to dispose of such
b. In Writing (even modifications); property by any act or any conveyance inter vivos.
c. Shall Fix terms and conditions of their
property relations; When a party a party to the marriage settlement is
d. Signed by the parties (including suffering from civil interdiction or any other
additional signatories); disability, it shall be necessary that his/her legal
e. Must not contain provisions contrary to guardian will also sign the marriage settlement in
law, good morals, good customs, public order to make it valid.
order, and public policy, or against the
dignity of either spouse; ARTICLE 80. In the absence of a contrary
f. Will not prejudice third persons unless stipulation in a marriage settlement, the
registered in the civil registry and proper property relations of the spouses shall be
registries of property; governed by Philippine laws, regardless of the
 PERSONS AND FAMILY RELATIONS 2024
place of the celebration of the marriage and Title III of Book III of the Civil Code, insofar as
their residence. they are not modified by the following articles.

This rule shall not apply: Donation Ordinary

Propter Nuptias Donation
1. Where both spouses are aliens; As to Express Express
acceptance acceptance is acceptance is
2. With respect to the extrinsic validity of not necessary.
contracts affecting property not situated necessary.
in the Philippines and executed in the As to Both present and Only present
country where the property is located; extent future properties may
and properties may be donated.
be donated
3. With respect to the extrinsic validity of As to The grounds are The grounds
contracts entered into in the Philippines revocation found in Art. are found in
but affecting property situated in a 86 of the Family the
foreign country whose laws require Code law on
different formalities for its extrinsic donations.
validity.
A donation of an immovable property must be
The property relations of the spouses shall be made in a public document to be valid.
governed by Philippine laws, regardless of the
place of celebration of the marriage and their A donation of a movable property may be done
residence (Nationality Theory). orally or in writing, unless the value of the personal
property exceeds P5,000 in which case it must be
ARTICLE 81. Everything stipulated in the in writing. Otherwise, the donation shall be void.
settlements or contracts referred to in the
preceding articles in consideration of a future ARTICLE 84. If the future spouses agree upon a
marriage, including donations between the regime other than the absolute community of
prospective spouses made therein, shall be property, they cannot donate to each other in
rendered void if the marriage does not take their marriage settlements more than one-fifth
place. However, stipulations that do not depend of their present property. Any excess shall be
upon the celebration of the marriages shall be considered void.
valid.
Donations of future property shall be governed
If the marriage did not materialize, the marriage by the provisions on testamentary succession
settlement entered into will be rendered void. and the formalities of wills.
However, If the stipulation of marriage settlement is
not dependent on the celebration of marriage, the Donations by reason of marriage may be
same shall be considered valid. incorporated in the marriage settlement or it could
be done in a separate document.
ARTICLE 82. Donations by reason of marriage
are those which are made before its celebration, If the donation is contained in the marriage
in consideration of the same, and in favor of settlement and the parties have agreed to be
one or both of the future spouses. governed by a regime other than ACP, donation in
the marriage settlement must not be more than 1/5
Donation propter nuptias or donation by reason of of his/her present property
marriage are those which are made before its
celebration, in consideration of the same, and in If such donation exceeds this limitation, only the
favor of one or both of the future spouses. excess is considered void by the remainder
remains to be valid.
ARTICLE 83. These donations are governed by
the rules on ordinary donations established in
 PERSONS AND FAMILY RELATIONS 2024
If the property regime is not ACP and the donation The donor has five (5) years from the time he
propter nuptias is not included in a marriage learns that the needed parental consent was
settlement but contained in a separate deed, the not obtained to revoke the condition.
“not more than one-fifth” limitation will not apply.
Instead, the general rules on donation shall govern. 3) When the marriage is annulled, and the
donee acted in bad faith;
The law does not impose any limitation if the
property relation of the future spouses is absolute There is a conflict between his provision and
community. The reason for this is in a regime of Article 50 in relation to Article 43(3).
absolute community, the spouses are considered
co-owners, of all the property owned by them at the It is submitted that Article 86(3) shall prevail
time of the celebration of marriage or acquired over Article 50 as it is the provision last in the
thereafter order of position in the same statute.

ARTICLE 85. Donations by reason of marriage 4) Upon legal separation, the donee being the
of property subject to encumbrances shall be guilty spouse;
valid. In case of foreclosure of the
encumbrance and the property is sold for less Again, legal separation does not dissolve
than the total amount of the obligation secured, marriage. Hence, there is still a possibility that
the donee shall not be liable for the deficiency. the parties may reconcile. The period to file the
If the property is sold for more than the total action for revocation is five (5) years from the
amount of said obligation, the donee shall be finality of the decree of legal separation.
entitled to the excess.
5) If it is with a resolutory condition and the
Donation propter nuptias of a property subject to condition is complied with;
encumbrance shall be valid but donee’s rights are
subject to the encumbrance. The happening of the future or uncertain event
which constitutes the resolutory condition will
ARTICLE 86. A donation by reason of marriage extinguish the right or the obligation.
may be revoked by the donor in the following
cases: 6) When the donee has committed an act of
ingratitude as specified by the provisions of
1) If the marriage is not celebrated or judicially the Civil Code on donations in general.
declared void ab initio except donations
made in the marriage settlements, which If the ground for revocation is ingratitude, the
shall be governed by Article 81; period is one year from the knowledge of the
act
There must be a judicial declaration of nullity to
automatically revoke the donation made unless The word used in this Article is may so the
the Article 40 in relation to Article 50 applies. revocation is not by operation of law.

Since the law does not provide for prescriptive ARTICLE 87. Every donation or grant of
period within which to the action for revocation gratuitous advantage, direct or indirect,
of donation propter nuptias can be filed, Article between the spouses during the marriage shall
1149 shall apply. All actions whose periods are be void, except moderate gifts which the
not fixed in this Code or in any other laws must spouses may give each other on the occasion
be brought within five (5) years from the time of any family rejoicing. The prohibition shall
the right of action accrued. also apply to persons living together as
husband and wife without a valid marriage.
2) When the marriage takes place without the
consent of the parents or guardian, as The spouses cannot donate to one another, since
required by law; every donation or grant of gratuitous advantage,
 PERSONS AND FAMILY RELATIONS 2024
direct or indirect, between the spouses during the ARTICLE 91. Unless otherwise provided in this
marriage shall be void. Chapter or in the marriage settlements, the
community property shall consist of all the
However, moderate gifts which the spouses may property owned by the spouses at the time of
give each other on the occasion of any family the celebration of the marriage or acquired
rejoicing are valid. The prohibition shall also apply thereafter. (197a)
to persons living together as husband and wife
without a valid marriage Absolute Community of Property (ACP) regime
comprises all property owned by the spouses
An alien married to a Filipino spouse cannot before the marriage and those that they acquire
acquire private and public land in the Philippines during the marriage including the fruits thereof.
even through marriage.
As a general rule, all property that each spouse
An alien is absolutely prohibited from acquiring owned before the marriage shall automatically be
private and public lands in the Philippines. This is considered as part of the absolute community upon
true even if we sustain the alien spouse’s claim that the celebration of marriage regardless of how these
he provided the funds for such acquisition. properties were acquired before the marriage.
(Matthews v. Taylor, G.R. No. 164584, June 22,
2009). All properties acquired during the marriage are
presumed to belong to the absolute community,
unless proven that it is one of those excluded
ABSOLUTE COMMUNITY OF PROPERTY therefrom.
REGIME
ARTICLE 92. The following shall be excluded
from the community property:
ARTICLE 88. The absolute community of (1) Property acquired during the marriage by
property between spouses shall commence at gratuitous title by either spouse, and the fruits
the precise moment that the marriage is as well as the income thereof, if any, unless it is
celebrated. Any stipulation, express or implied, expressly provided by the donor, testator or
for the commencement of the community grantor that they shall form part of the
regime at any other time shall be void. community property;
(2) Property for personal and exclusive use of
ARTICLE 89. No waiver of rights, shares and either spouse. However, jewelry shall form part
effects of the absolute community of property of the community property;
during the marriage can be made except in case (3) Property acquired before the marriage by
of judicial separation of property. either spouse who has legitimate descendants
by a former marriage, and the fruits as well as
When the waiver takes place upon a judicial the income, if any, of such property. (201a)
separation of property, or after the marriage has
been dissolved or annulled, the same shall Properties excluded from the community
appear in a public instrument and shall be property:
recorded as provided in Article 77. The
creditors of the spouse who made such waiver 1. Property acquired during the marriage by
may petition the court to rescind the waiver to gratuitous title by either spouse, and the
the extent of the amount sufficient to cover the fruits as well as income thereof, if any,
amount of their credits. (146a) unless it is expressly provided by the donor,
testator, or grantor that they shall form part
ARTICLE 90. The provisions on co-ownership of the community property
shall apply to the absolute community of
property between the spouses in all matters not 2. Property for personal and exclusive use of
provided for in this Chapter. (n) either spouse. However, jewelry shall form
part of the community property.
 PERSONS AND FAMILY RELATIONS 2024
3. Property acquired before the marriage by 5. All taxes and expenses for mere
either spouse who has legitimate preservation made during marriage upon
descendants by a former marriage, and the the separate property of either spouse
fruits as well as the income, if any. used by the family;

4. Those expressly excluded in the marriage If it is a major repair to the exclusive

settlement; property of one spouse, it has to be
answered by the separate fund of the owner
ARTICLE 93. Property acquired during the spouse.
marriage is presumed to belong to the
community, unless it is proved that it is one of 6. Expenses to enable either spouse to
those excluded therefrom. commence or complete a professional or
vocational course, or other activity for
ARTICLE 94. The absolute community of self-improvement;
property shall be liable for:
7. Antenuptial debts of either spouse
1. The support of the spouses, their insofar as they have redounded to the
common children, and legitimate benefit of the family;
children of either spouse; however, the
support of illegitimate children shall be 8. The value of what is donated or
governed by the provisions of this Code promised by both spouses in favor of
on Support; their common legitimate children for the
exclusive purpose of commencing or
Support of the spouses, their common completing a professional or vocational
children and the legitimate children of either course or other activity for self-
spouse in a previous marriage shall be improvement;
taken from the absolute community.
9. Antenuptial debts of either spouse other
In case of absence or insufficiency of the than those falling under paragraph (7) of
exclusive property of the spouse in the this Article, the support of illegitimate
support of illegitimate children, the absolute children of either spouse, and liabilities
community shall provide the necessary incurred by either spouse by reason of a
support, but it will be considered as crime or a quasi-delict, in case of
advances of the spouse concerned to be absence or insufficiency of the exclusive
deducted from his/her share upon property of the debtor-spouse, the
liquidation of the absolute community. payment of which shall be considered as
advances to be deducted from the share
2. All debts and obligations contracted of the debtor-spouse upon liquidation of
during the marriage by the designated the community; and
administrator-spouse for the benefit of
the community, or by both spouses, or In case of absence or insufficiency of the
by one spouse with the consent of the exclusive property of the spouse, the
other; absolute community shall provide the
necessary support, but it will be considered
3. Debts and obligations contracted by as advances of the spouse concerned to be
either spouse without the consent of the deducted from his/her share upon
other to the extent that the family may liquidation of the absolute community.
have been benefited;
10. Expenses of litigation between the
4. All taxes, liens, charges and expenses, spouses unless the suit is found to be
including major or minor repairs, upon groundless.
the community property;
 PERSONS AND FAMILY RELATIONS 2024
If the community property is insufficient to acceptance by the other spouse or
cover the foregoing liabilities, except those authorization by the court before the offer is
falling under paragraph (9), the spouses shall withdrawn by either or both offerors. (206a)
be solidarily liable for the unpaid balance with
their separate properties. Husband and wife are co-owners of the absolute
community property. As such, they shall jointly
Exclusive Obligations of A Spouse that may be manage or administer the same property.
Charged to the Absolute Community
1. Antenuptial debt which did not redound to In case of disagreement, the decision of the
the benefit of the family husband will prevail. However, the wife can go to
2. Support of illegitimate childnre court and question the decision of the husband
3. Civil liability arising from crime committed within five (5) years from the date of the contract
ARTICLE 95. Whatever may be lost during the implementing the decision.
marriage in any game of chance, betting,
sweepstakes, or any other kind of gambling, One of the spouses may assume sole powers of
whether permitted or prohibited by law, shall be administration in the event one spouse is absent,
borne by the loser and shall not be charged to incapacitated, has abandoned the other, they have
the community but any winnings therefrom been separated in fact, or unable to participate in
shall form part of the community property. the administration of the common properties.
(164a)
Appointment of the spouse as a sole administrator
A spouse who gambles or engages in any game of can be done in a summary proceeding. However, if
chance or betting shall bear the losses and he the ground is that one of the spouse is
cannot charge it to the absolute community. incompetent, the proper remedy is judicial
guardianship.
However, if he wins, the winnings will become part
of the community. Sole powers of administration do NOT include
disposition or encumbrance which must have the
ARTICLE 96. The administration and enjoyment authority of the court or the written consent of the
of the community property shall belong to both other spouse. In the absence of such authority or
spouses jointly. consent, the disposition or encumbrance shall be
void.
In case of disagreement, the husband's
decision shall prevail, subject to recourse to the Under the Civil Code, sale of a common property
court by the wife for proper remedy, which must by the husband without the consent of the wife is
be availed of within five years from the date of merely voidable and not void.
the contract implementing such decision.
The non-consenting spouse has ten (10) years to
In the event that one spouse is incapacitated or annul the sale. Annulment of the same does not
otherwise unable to participate in the only refer to the ½ share of the non-consenting
administration of the common properties, the spouse, but to the entirety of the contract.
other spouse may assume sole powers of
administration. These powers do not include The applicable laws are Articles 166 and 173 of the
disposition or encumbrance without authority Civil Code.
of the court or the written consent of the other
spouse. Under the Family Code, alienation or
encumbrance of the conjugal property, without the
In the absence of such authority or consent, the authority of the court or the written consent of the
disposition or encumbrance shall be void. other spouse is void.
However, the transaction shall be construed as
a continuing offer on the part of the consenting However, it can be ratified later on if the non-
spouse and the third person, and may be consenting spouse will give his/her consent or the
perfected as a binding contract upon the court grants the authorization. The transaction shall
 PERSONS AND FAMILY RELATIONS 2024
be construed as a continuing offer on the part of the ARTICLE 98. Neither spouse may donate any
consenting spouse and the third person before the community property without the consent of the
offer is withdrawn by either or both offerors. The other. However, either spouse may, without the
same rules apply to conjugal partnership property consent of the other, make moderate donations
(FAMILY CODE, Art. 124). from the community property for charity or on
occasions of family rejoicing or family distress.
The action to annul a contract of sale executed by
the husband without the consent of the wife will not The reason behind the prohibition is to protect a
prescribe as the action to nullify a void contract is spouse from the reckless and unreasonable act of
imprescriptible. However, if the buyer of the generosity of the other spouse which may result in
property is a “buyer in good faith”, the sale could no the diminution of the common property to the
longer be nullified. The only remedy is to compel damage and prejudice of the said spouse.
the husband to account for the proceeds of the sale
as it is part of the absolute community of property. Whether a donation is moderate or not depends
upon the financial situation of the spouses and the
The applicable law is Article 124 of the Family absolute community of property regime.
Code
ARTICLE 99. The absolute community
ARTICLE 97. Either spouse may dispose by will terminates:
of his or her interest in the community property.
1. Upon the death of either spouse;
Either spouse cannot dispose of his/her share int
eh absolute community because before the 2. When there is a decree of legal
liquidation of the conjugal partnership, the interest separation;
of each spouse in the conjugal assets is inchoate, a
mere expectancy, which constitutes neither a legal 3. When the marriage is annulled or
nor an equitable estate, and does not ripen into a declared void; or
title until it appears that there are assets in the
community as a result of the liquidation and 4. In case of judicial separation of property
settlement. during the marriage under Article 134 to
138. (175a)
The interest of each spouse is limited to the net
remainder resulting from the liquidation of the This Article lists the ground for the dissolution of the
affairs of the partnership after its dissolution. Thus, absolute community of property regime.
the right of the husband or wife to one-half of the
conjugal assets does not vest until the dissolution ARTICLE 100. The separation in fact between
and liquidation of the conjugal partnership, or after husband and wife shall not affect the regime of
dissolution of marriage when it is finally determined absolute community except that:
that, after settlement of conjugal obligations, .there
are net assets left which can be divided between 1. The spouse who leaves the conjugal
the spouses or their respective heirs (Alexander v. home or refuses to live therein, without
Sps. Escalona, G.R. No. 256141, July 19, 2022) just cause, shall not have the right to be
supported;
However, a spouse may dispose of his/her interest
int eh community property but only through will 2. When the consent of one spouse to any
because dispositions in a will takes effect only upon transaction of the other is required by
the death of the disposing party. However, law, judicial authorization shall be
considering that the absolute community is a co- obtained in a summary proceeding;
ownership, the spouse can only dispose of his/her
interest int eh community property and not in a 3. In the absence of sufficient community
specific property. property, the separate property of both
spouses shall be solidarily liable for the
support of the family. The spouse
 PERSONS AND FAMILY RELATIONS 2024
present shall, upon proper petition in a 3. Whatever remains of the exclusive
summary proceeding, be given judicial properties of the spouses shall thereafter
authority to administer or encumber any be delivered to each of them.
specific separate property of the other
spouse and use the fruits or proceeds 4. The net remainder of the properties of
thereof to satisfy the latter's share. the absolute community shall constitute
(178a) its net assets, which shall be divided
equally between husband and wife,
ARTICLE 101. If a spouse without just cause unless a different proportion or division
abandons the other or fails to comply with his was agreed upon in the marriage
or her obligations to the family, the aggrieved settlements, or unless there has been a
spouse may petition the court for receivership, voluntary waiver of such share provided
for judicial separation of property or for in this Code. For purpose of computing
authority to be the sole administrator of the the net profits subject to forfeiture in
absolute community, subject to such accordance with Articles 43, No. (2) and
precautionary conditions as the court may 63, No. (2), the said profits shall be the
impose. increase in value between the market
value of the community property at the
The obligations to the family mentioned in the time of the celebration of the marriage
preceding paragraph refer to marital, parental and the market value at the time of its
or property relations. dissolution.

A spouse is deemed to have abandoned the Net Profit is defined as the increase in value
other when her or she has left the conjugal between the market value of the community
dwelling without intention of returning. The property at the time of the celebration of the
spouse who has left the conjugal dwelling for a marriage and the market value at the time of
period of three months or has failed within the its dissolution.
same period to give any information as to his or
her whereabouts shall be prima facie presumed When both husband and wife did not bring
to have no intention of returning to the conjugal anything to the marriage, the properties they
dwelling. (178a) acquired during the marriage are already
considered “net profits”. Considering that
ARTICLE 102. Upon dissolution of the absolute the conjugal properties were all acquired
community regime, the following procedure during marriage and are deemed net profits,
shall apply: the guilty spouse shall have no share
thereof.
1. An inventory shall be prepared, listing
separately all the properties of the 5. The presumptive legitimes of the
absolute community and the exclusive common children shall be delivered
properties of each spouse. upon partition, in accordance with Article
51.
These properties must be itemized and
correspondingly valued The receipt of the presumptive legitime shall
not preclude them from receiving their
2. The debts and obligations of the ultimate successional rights upon the death
absolute community shall be paid out of of their parents.
its assets. In case of insufficiency of said Whether a donation is moderate or not
assets, the spouses shall be solidarily depends upon the financial situation of the
liable for the unpaid balance with their spouses and the absolute community of
separate properties in accordance with property regime
the provisions of the second paragraph
of Article 94. 6. Unless otherwise agreed upon by the
parties, in the partition of the properties,
 PERSONS AND FAMILY RELATIONS 2024
the conjugal dwelling and the lot on and income of each community shall be
which it is situated shall be adjudicated determined upon such proof as may be
to the spouse with whom the majority of considered according to the rules of evidence.
the common children choose to remain. In case of doubt as to which community the
Children below the age of seven years existing properties belong, the same shall be
are deemed to have chosen the mother, divided between the different communities in
unless the court has decided otherwise. proportion to the capital and duration of each.
In case there in no such majority, the (189a)
court shall decide, taking into
consideration the best interests of said
children. (n) CONJUGAL PARTNERSHIP OF GAINS

ARTICLE 103. Upon the termination of the

marriage by death, the community property ARTICLE 105. In case the future spouses agree
shall be liquidated in the same proceeding for in the marriage settlements that the regime of
the settlement of the estate of the deceased. conjugal partnership gains shall govern their
property relations during marriage, the
If no judicial settlement proceeding is provisions in this Chapter shall be of
instituted, the surviving spouse shall liquidate supplementary application.
the community property either judicially or The provisions of this Chapter shall also apply
extra-judicially within six months from the to conjugal partnerships of gains already
death of the deceased spouse. If upon the lapse established between spouses before the
of the six months period, no liquidation is effectivity of this Code, without prejudice to
made, any disposition or encumbrance vested rights already acquired in accordance
involving the community property of the with the Civil Code or other laws, as provided in
terminated marriage shall be void. Article 256. (n)

Should the surviving spouse contract a The regime of conjugal partnership of gains can
subsequent marriage without compliance with only apply if there is a marriage settlement and it is
the foregoing requirements, a mandatory the property regime agreed upon by the parties.
regime of complete separation of property shall
govern the property relations of the subsequent The application of the succeeding provisions is only
marriage. (n) suppletory because the property relation of the
spouses will primarily be governed by their
Upon the death of the spouse, the dissolved marriage settlement. However, this chapter will also
absolute community evolves into a co-ownership of apply to those marriages that were solemnized
the surviving spouse and their common children. before the effectivity of the Family Code because it
Any disposition or encumbrance of a common is the default regime under the Civil Code.
property by the surviving spouse after the death of
the other spouse is null and void unless there is ARTICLE 106. Under the regime of conjugal
consent and conformity by the children. partnership of gains, the husband-and-wife
place in a common fund the proceeds,
The last paragraph serves as a limitation to the products, fruits and income from their separate
right of the parties to fix their property relation in the properties and those acquired by either or both
marriage settlement. The purpose of this rule is to spouses through their efforts or by chance,
prevent confusion of the properties of the first and and, upon dissolution of the marriage or of the
second marriage. partnership, the net gains or benefits obtained
by either or both spouses shall be divided
ARTICLE 104. Whenever the liquidation of the equally between them, unless otherwise agreed
community properties of two or more marriages in the marriage settlements. (142a)
contracted by the same person before the
effectivity of this Code is carried out Under the Conjugal Partnership of Gains (CPG)
simultaneously, the respective capital, fruits regime, only those properties acquired during
 PERSONS AND FAMILY RELATIONS 2024
marriage through the efforts or industry of either or 3. That which is acquired by right of
both spouses, as well as the income or fruits of redemption, by barter or by exchange
their exclusive properties that accrue during the with property belonging to only one of
marriage will comprise the conjugal partnership. the spouses; and

Upon dissolution, the net gains shall be divided 4. That which is purchased with exclusive
between the spouses equally, unless there is a money of the wife or of the husband.
difference ratio of sharing stated in the marriage (148a)
settlement.
Properties excluded from the conjugal property:
ARTICLE 107. The rules provided in Articles 88
and 89 shall also apply to conjugal partnership 1. Property owned by either spouse before the
of gains. (n) marriage;

The conjugal partnership of gains shall commence 2. Property acquired by either spouse during
at the precise moment of the celebration of the the marriage by gratuitous title;
marriage. It cannot commence at any time during
the marriage. 3. Property acquired by barter or by exchange
with property belonging to only one of the
The spouses cannot waive their rights, interests, spouses
shares, or effects in the conjugal partnership during
the marriage in case of judicial separation of 4. Property purchased with the exclusive
marriage. money of either spouse;

In case of a waiver of resulting in the judicial Exclusive properties that were mortgaged and
separation of property, it must be in a public foreclosed before the marriage but were redeemed
instrument and duly recorded in accordance with during the marriage shall remain as his/her
Article 77 of the Family Code. exclusive property even if he/she used the conjugal
money. The spouse concerned shall be deemed
ARTICLE 108. The conjugal partnership shall be indebted to the conjugal partnership and
governed by the rules on the contract of redemption price as an advance of the spouse.
partnership in all that is not in conflict with
what is expressly determined in this Chapter or ARTICLE 110. The spouses retain the
by the spouses in their marriage settlements. ownership, possession, administration and
(147a) enjoyment of their exclusive properties.

A partner is a co-owner with his other partner of Either spouse may, during the marriage,
any specific partner property. Every partner must transfer the administration of his or her
account to the partnership for any benefit, and hold exclusive property to the other by means of a
as trustee for it, any profits derived from the use of public instrument, which shall be recorded in
any partnership profit. Any stipulation which the registry of property of the place the
excludes partners from any share of the profits and property is located. (137a, 168a, 169a)
losses of the partnership is void.
ARTICLE 111. A spouse of age may mortgage,
ARTICLE 109. The following shall be the encumber, alienate or otherwise dispose of his
exclusive property of each spouse: or her exclusive property, without the consent
of the other spouse, and appear alone in court
1. That which is brought to the marriage as to litigate with regard to the same. (n)
his or her own;
If an exclusive property of a spouse is involved in a
2. That which each acquires during the litigation only the owner spouse will mitigate and
marriage by gratuitous title; need not include the other spouse. However, if the
action for recovery of an exclusive property also
 PERSONS AND FAMILY RELATIONS 2024
involved the recovery of conjugal property, the be conjugal unless the contrary is proved.
other spouse must be impleaded. (160a)

ARTICLE 112. The alienation of any exclusive Presumption in law is in favor of conjugality. This,
property of a spouse administered by the other property bought by either spouse during the
automatically terminates the administration marriage is presumed conjugal even if it is declared
over such property and the proceeds of the in the name of only one spouse unless the money
alienation shall be turned over to the owner- used is the exclusive money of the spouse.
spouse. (n)
As long as it is proven that the property was has
The owner spuse can dispose, alienate, or been acquired during marriage, the presumption
encumber his/her exclusive property without the applies even though the spouses are living
consent of the administering spouse. The alienation separately.
would simply mean that the owner spouse is
terminating the administration of the property by the ARTICLE 117. The following are conjugal
other spouse. The proceeds of the sale shall partnership properties:
belong to the owner spouse alone.
1. Those acquired by onerous title during
ARTICLE 113. Property donated or left by will to the marriage at the expense of the
the spouses, jointly and with designation of common fund, whether the acquisition
determinate shares, shall pertain to the donee- be for the partnership, or for only one of
spouses as his or her own exclusive property, the spouses;
and in the absence of designation, share and As to damages awarded as a result of a
share alike, without prejudice to the right of contract solely financed by the conjugal
accretion when proper. (150a) partnership, it shall belong to the conjugal
partnership of gains.
ARTICLE 114. If the donations are onerous, the
amount of the charges shall be borne by the As to damages awarded as a result of
exclusive property of the donee spouse, physical injuries, it shall belong exclusively
whenever they have been advanced by the to the injured spouse.
conjugal partnership of gains. (151a)
2. Those obtained from the labor, industry,
If the donation was subject to an onerous condition, work or profession of either or both of
the donee spouse shall bear the cost in complying the spouses;
with the condition. Should the spouse concerned
have no sufficient funds, the conjugal partnership Salary of a spouse, income or profit from
may advance the cost but subject to reimbursement business is conjugal.
later on from the exclusive funds of the donee.
3. The fruits, natural, industrial, or civil, due
ARTICLE 115. Retirement benefits, pensions, or received during the marriage from the
annuities, gratuities, usufructs and similar common property, as well as the net
benefits shall be governed by the rules on fruits from the exclusive property of
gratuitous or onerous acquisitions as may be each spouse;
proper in each case. (n)
Fruits of the exclusive property of the
If it was acquired onerous, it is considered conjugal. spouses shall only be conjugal if it accrued
If it is acquired gratuitously, it is an exclusive during marriage and the fruit is the net fruits.
property of the spouse.
4. The share of either spouse in the hidden
ARTICLE 116. All property acquired during the treasure which the law awards to the
marriage, whether the acquisition appears to finder or owner of the property where the
have been made, contracted or registered in the treasure is found;
name of one or both spouses, is presumed to
 PERSONS AND FAMILY RELATIONS 2024
5. Those acquired through occupation ARTICLE 120. The ownership of improvements,
such as fishing or hunting; whether for utility or adornment, made on the
separate property of the spouses at the
6. Livestock existing upon the dissolution expense of the partnership or through the acts
of the partnership in excess of the or efforts of either or both spouses shall pertain
number of each kind brought to the to the conjugal partnership, or to the original
marriage by either spouse; and owner-spouse, subject to the following rules:

7. Those which are acquired by chance, When the cost of the improvement made by the
such as winnings from gambling or conjugal partnership and any resulting increase
betting. However, losses therefrom shall in value are more than the value of the property
be borne exclusively by the loser- at the time of the improvement, the entire
spouse. (153a, 154a, 155, 159) property of one of the spouses shall belong to
the conjugal partnership, subject to
ARTICLE 118. Property bought on installments reimbursement of the value of the property of
paid partly from exclusive funds of either or the owner-spouse at the time of the
both spouses and partly from conjugal funds improvement; otherwise, said property shall be
belongs to the buyer or buyers if full ownership retained in ownership by the owner-spouse,
was vested before the marriage and to the likewise subject to reimbursement of the cost of
conjugal partnership if such ownership was the improvement.
vested during the marriage. In either case, any
amount advanced by the partnership or by In either case, the ownership of the entire
either or both spouses shall be reimbursed by property shall be vested upon the
the owner or owners upon liquidation of the reimbursement, which shall be made at the time
partnership. (n) of the liquidation of the conjugal partnership.
(158a)
If ownership was transferred immediately upon
purchase its purchase when the buyer was not If the cost of the improvement made by the
married, it is the exclusive property of the spouse. conjugal partnership is more than the value of
the at the time of the improvement, the entire
If ownership was transferred only upon property shall belong to the conjugal partnership
payment of the last installment when the buyer
was already married, it belongs to the conjugal If the land is more valuable that the
property of the spouses. improvement, the land and the improvement shall
belong to the owner-spouse.
ARTICLE 119. Whenever an amount or credit
payable within a period of time belongs to one ARTICLE 121. The conjugal partnership shall be
of the spouses, the sums which may be liable for:
collected during the marriage in partial
payments or by installments on the principal 1. The support of the spouse, their
shall be the exclusive property of the spouse. common children, and the legitimate
However, interests falling due during the children of either spouse; however, the
marriage on the principal shall belong to the support of illegitimate children shall be
conjugal partnership. (156a, 157a) governed by the provisions of this Code
on Support;
Payment of a credit in favor of one spouse made
during the marriage shall remain as exclusive 2. All debts and obligations contracted
property of the spouse concerned. during the marriage by the designated
administrator-spouse for the benefit of
However, the interest thereof which accrued during the conjugal partnership of gains, or by
the marriage is conjugal as it is considered fruits of both spouses or by one of them with the
an exclusive property during the marriage. consent of the other;
 PERSONS AND FAMILY RELATIONS 2024
3. Debts and obligations contracted by
either spouse without the consent of the However, if the conjugal partnership is insufficient
other to the extent that the family may to pay the obligation, the spouses shall be solidarily
have benefited; liable for the unpaid balance with their separate
properties. Whatever is paid by the conjugal
4. All taxes, liens, charges, and expenses, partnership shall be considered as advances of the
including major or minor repairs upon spouse who incurred such obligation.
the conjugal partnership property;
ARTICLE 122. The payment of personal debts
5. All taxes and expenses for mere contracted by the husband or the wife before or
preservation made during the marriage during the marriage shall not be charged to the
upon the separate property of either conjugal properties partnership except insofar
spouse; as they redounded to the benefit of the family.

6. Expenses to enable either spouse to Neither shall the fines and pecuniary
commence or complete a professional, indemnities imposed upon them be charged to
vocational, or other activity for self- the partnership.
improvement;
However, the payment of personal debts
7. Antenuptial debts of either spouse contracted by either spouse before the
insofar as they have redounded to the marriage, that of fines and indemnities imposed
benefit of the family; upon them, as well as the support of illegitimate
children of either spouse, may be enforced
8. The value of what is donated or against the partnership assets after the
promised by both spouses in favor of responsibilities enumerated in the preceding
their common legitimate children for the Article have been covered, if the spouse who is
exclusive purpose of commencing or bound should have no exclusive property or if it
completing a professional or vocational should be insufficient; but at the time of the
course or other activity for self- liquidation of the partnership, such spouse
improvement; and shall be charged for what has been paid for the
purpose above-mentioned. (163a)
9. Expenses of litigation between the
Where the husband contracts obligations on behalf
spouses unless the suit is found to
of the family business of the family business, the
groundless.
law presumes, that the obligation will redound to
the benefit of the family. Therefore, the debt is not
If the conjugal partnership is insufficient to
personal to the husband (Joe Ros and Estrella
cover the foregoing liabilities, the spouses shall
Aguete v. PNB)
be solidarily liable for the unpaid balance with
their separate properties. (161a)
ARTICLE 123. Whatever may be lost during the
marriage in any game of chance or in betting,
The charges and obligations enumerated are the
sweepstakes, or any other kind of gambling
same as those in of the absolute community of
whether permitted or prohibited by law, shall be
property regime mentioned in Article 94. The only
borne by the loser and shall not be charged to
difference is that paragraph 9 of Article 94 were no
the conjugal partnership but any winnings
longer reproduced in Article 121 as they were
therefrom shall form part of the conjugal
treated separately by Article 122.
partnership property. (164a)
The conjugal partnership is liable for all obligations
ARTICLE 124. The administration and
contracted by the husband and wife. Thus, when
enjoyment of the conjugal partnership shall
the said obligation becomes due, the conjugal
belong to both spouses jointly. In case of
partnership shall be answerable for it and not the
disagreement, the husband's decision shall
husband and wife individually as independent
prevail, subject to recourse to the court by the
debtors.
 PERSONS AND FAMILY RELATIONS 2024
wife for proper remedy, which must be availed 2. When there is a decree of legal
of within five years from the date of the contract separation;
implementing such decision.
3. When the marriage is annulled or
In the event that one spouse is incapacitated or declared void; or
otherwise unable to participate in the
administration of the conjugal properties, the 4. In case of judicial separation of property
other spouse may assume sole powers of during the marriage under Articles 134 to
administration. These powers do not include 138 (175a)
disposition or encumbrance without authority
of the court or the written consent of the other CPG is terminated by the same grounds
spouse. In the absence of such authority or enumerated under Article 99.
consent, the disposition or encumbrance shall
be void. However, the transaction shall be ARTICLE 127. The separation in fact between
construed as a continuing offer on the part of husband and wife shall not affect the regime of
the consenting spouse and the third person, conjugal partnership, except that:
and may be perfected as a binding contract
upon the acceptance by the other spouse or 1. The spouse who leaves the conjugal
authorization by the court before the offer is home or refuses to live therein, without
withdrawn by either or both offerors. (165a) just cause, shall not have the right to be
supported;
Sale of conjugal property by the wife without the
knowledge and consent of the husband and ont eh 2. When the consent of one spouse to any
basis of a forged Special Power of Attorney transaction of the other is required by
allegedly executed by the husband in her favor is law, judicial authorization shall be
null and void. The buyer cannot claim that he is a obtained in a summary proceeding;
buyer in good faith.
3. In the absence of sufficient conjugal
When the property sold is a conjugal, and the seller partnership property, the separate
is armed only with an SPA, it is incumbent upon the property of both spouses shall be
buyer to verify the authenticity of the SP. It is not solidarily liable for the support of the
enough for the buyer to check the authenticity of family. The spouse present shall, upon
the SPA, but also into the seller’s capacity to sell petition in a summary proceeding, be
(Sps. Aggabao v. Parulan, G.R. No. 165803, given judicial authority to administer or
September 1, 2010) encumber any specific separate property
of the other spouse and use the fruits or
ARTICLE 125. Neither spouse may donate any proceeds thereof to satisfy the latter's
conjugal partnership property without the share. (178a)
consent of the other. However, either spouse
may, without the consent of the other, make ARTICLE 128. If a spouse without just cause
moderate donations from the conjugal abandons the other or fails to comply with his
partnership property for charity or on or her obligation to the family, the aggrieved
occasions of family rejoicing or family distress. spouse may petition the court for receivership,
(174a) for judicial separation of property, or for
authority to be the sole administrator of the
The provisions of Articles 124 and 125 are identical conjugal partnership property, subject to such
to Article 96 and 98. precautionary conditions as the court may
impose.
ARTICLE 126. The conjugal partnership
terminates: The obligations to the family mentioned in the
preceding paragraph refer to marital, parental
1. Upon the death of either spouse; or property relations.
 PERSONS AND FAMILY RELATIONS 2024
A spouse is deemed to have abandoned the 7. The net remainder of the conjugal
other when he or she has left the conjugal partnership properties shall constitute
dwelling without intention of returning. The the profits, which shall be divided
spouse who has left the conjugal dwelling for a equally between husband and wife,
period of three months or has failed within the unless a different proportion or division
same period to give any information as to his or was agreed upon in the marriage
her whereabouts shall be prima facie presumed settlements or unless there has been a
to have no intention of returning to the conjugal voluntary waiver or forfeiture of such
dwelling. share as provided in this Code.

ARTICLE 129. Upon the dissolution of the 8. The presumptive legitimes of the
conjugal partnership regime, the following common children shall be delivered
procedure shall apply: upon the partition in accordance with
Article 51.
1. An inventory shall be prepared, listing
separately all the properties of the 9. In the partition of the properties, the
conjugal partnership and the exclusive conjugal dwelling and the lot on which it
properties of each spouse. is situated shall, unless otherwise
agreed upon by the parties, be
2. Amounts advanced by the conjugal adjudicated to the spouse with whom the
partnership in payment of personal majority of the common children choose
debts and obligations of either spouse to remain. Children below the age of
shall be credited to the conjugal seven years are deemed to have chosen
partnership as an asset thereof. the mother, unless the court has decided
otherwise. In case there is no such
3. Each spouse shall be reimbursed for the majority, the court shall decide, taking
use of his or her exclusive funds in the into consideration the best interests of
acquisition of property or for the value of said children. (181a, 182a, 183a, 184a,
his or her exclusive property, the 185a)
ownership of which has been vested by
law in the conjugal partnership. The procedure in the liquidation of the conjugal
partnership is the same as that of the absolute
4. The debts and obligations of the community of property regime.
conjugal partnership shall be paid out of
the conjugal assets. In case of The procedure in the liquidation of conjugal
insufficiency of said assets, the spouses partnership under this Article applies only to valid
shall be solidarily liable for the unpaid and voidable marriages.
balance with their separate properties, in
accordance with the provisions of If the marriage is void on the ground of
paragraph (2) of Article 121. psychological incapacity, the property relation of
the parties is governed by co-ownership under
5. Whatever remains of the exclusive Article 147 of the Family Code. The liquidation shall
properties of the spouses shall be in accordance with the liquidation of co-
thereafter be delivered to each of them. ownership under the Civil Code.

6. Unless the owner had been indemnified ARTICLE 130. Upon the termination of the
from whatever source, the loss or marriage by death, the conjugal partnership
deterioration of movables used for the property shall be liquidated in the same
benefit of the family, belonging to either proceeding for the settlement of the estate of
spouse, even due to fortuitous event, the deceased.
shall be paid to said spouse from the
conjugal funds, if any. If no judicial settlement proceeding is
instituted, the surviving spouse shall liquidate
 PERSONS AND FAMILY RELATIONS 2024
the conjugal partnership property either The regime of separation of property can only
judicially or extra-judicially within six months govern if the husband and wife have entered into a
from the death of the deceased spouse. If upon marriage settlement and it is the property regime
the lapse of the six-month period no liquidation they have agreed on and cannot be changed once
is made, any disposition or encumbrance the marriage is celebrated.
involving the conjugal partnership property of
the terminated marriage shall be void. If the spouses are governed by the separation of
property regime at the time of their marriage, they
Should the surviving spouse contract a cannot change it to conjugal partnership or
subsequent marriage without compliance with absolute community during the marriage.
the foregoing requirements, a mandatory
regime of complete separation of property shall However, the spouses may change their property
govern the property relations of the subsequent regime during the marriage from absolute
marriage. (n) community or conjugal partnership to separation of
property regime if there are sufficient grounds (Art.
ARTICLE 131. Whenever the liquidation of the 135) or upon voluntary agreement of the parties
conjugal partnership properties of two or more (Art. 136). In either case, there must be an approval
marriages contracted by the same person of the separation of property during the marriage by
before the effectivity of this Code is carried out the court.
simultaneously, the respective capital, fruits
and income of each partnership shall be ARTICLE 135. Any of the following shall be
determined upon such proof as may be considered sufficient cause for judicial
considered according to the rules of evidence. separation of property:
In case of doubt as to which partnership the
existing properties belong, the same shall be 1. That the spouse of the petitioner has
divided between the different partnerships in been sentenced to a penalty which
proportion to the capital and duration of each. carries with it civil interdiction;
(189a)
2. That the spouse of the petitioner has
ARTICLE 132. The Rules of Court on the been judicially declared an absentee;
administration of estates of deceased persons
shall be observed in the appraisal and sale of 3. That loss of parental authority of the
property of the conjugal partnership, and other spouse of petitioner has been decreed
matters which are not expressly determined in by the court;
this Chapter. (187a)
4. That the spouse of the petitioner has
ARTICLE 133. From the common mass of abandoned the latter or failed to comply
property support shall be given to the surviving with his or her obligations to the family
spouse and to the children during the as provided for in Article 101;
liquidation of the inventoried property and until
what belongs to them is delivered; but from this 5. That the spouse granted the power of
shall be deducted that amount received for administration in the marriage
support which exceeds the fruits or rents settlements has abused that power; and
pertaining to them. (188a)
6. That at the time of the petition, the
ARTICLE 134. In the absence of an express spouses have been separated in fact for
declaration in the marriage settlements, the at least one year and reconciliation is
separation of property between spouses during highly improbable.
the marriage shall not take place except by
judicial order. Such judicial separation of In the cases provided for in Numbers (1), (2)
property may either be voluntary or for and (3), the presentation of the final judgment
sufficient cause. (190a) against the guilty or absent spouse shall be
 PERSONS AND FAMILY RELATIONS 2024
enough basis for the grant of the decree of During the pendency of the proceedings for
judicial separation of property. (191a) separation of property, the absolute community
or the conjugal partnership shall pay for the
When any of the grounds enumerated exists, the support of the spouses and their children.
aggrieved party may file a petition in court seeking (192a)
for the dissolution of their existing property regime.
There is no need for the conformity of the other ARTICLE 138. After dissolution of the absolute
party as the petitioner must have to establish the community or of the conjugal partnership, the
grounds in court. provisions on complete separation of property
shall apply. (191a)
For (1), (2), and (3), it is enough for the petitioner to
attach the final judgment of the court declaring a ARTICLE 139. The petition for separation of
spouse under civil interdiction, being an absentee property and the final judgment granting the
or having lost his parental authority to grant the same shall be recorded in the proper local civil
petition. registries and registries of property. (193a)

ARTICLE 136. The spouses may jointly file a Once the separation of property has been decreed,
verified petition with the court for the voluntary whether based on sufficient causes under Article
dissolution of the absolute community or the 135 or by mutual agreement of the spouses under
conjugal partnership of gains, and for the Article 136, the absolute community or the conjugal
separation of their common properties. partnership of gains shall be liquidated.

All creditors of the absolute community or of Once the court grants the separation of property,
the conjugal partnership of gains, as well as the support of the children shall be taken from the
personal creditors of the spouse, shall be listed separate or exclusive property of both spouses.
in the petition and notified of the filing thereof.
The court shall take measures to protect the
creditors and other persons with pecuniary ARTICLE 140. The separation of property shall
interest. (191a) not prejudice the rights previously acquired by
creditors. (194a)
The regime of separation of property can only
govern if the husband and wife have entered into a ARTICLE 141. The spouses may, in the same
marriage settlement and it is the property regime proceedings where separation of property was
they have agreed on and cannot be changed once decreed, file a motion in court for a decree
the marriage is celebrated. reviving the property regime that existed
between them before the separation of property
Even without any grounds, the husband and wife in any of the following instances:
may dissolve their conjugal partnership or absolute
community by mutual agreement. Thus, the 1. When the civil interdiction terminates;
agreement for voluntary separation of property
takes effect from the time of the judicial order 2. When the absentee spouse reappears;
decreeing the separation of the properties and not
from the signing of the agreement. 3. When the court, being satisfied that the
spouse granted the power of
Extrajudicial dissolution of the conjugal partnership administration in the marriage
or absolute community without judicial approval is settlements will not again abuse that
void. power, authorizes the resumption of said
administration;
ARTICLE 137. Once the separation of property
has been decreed, the absolute community or 4. When the spouse who has left the
the conjugal partnership of gains shall be conjugal home without a decree of legal
liquidated in conformity with this Code. separation resumes common life with the
other;
 PERSONS AND FAMILY RELATIONS 2024
3. When one spouse is sentenced to a
5. When parental authority is judicially penalty which carries with it civil
restored to the spouse previously interdiction; or
deprived thereof;
4. When one spouse becomes a fugitive
6. When the spouses who have separated from justice or is in hiding as an accused
in fact for at least one year, reconcile in a criminal case.
and resume common life; or
If the other spouse is not qualified by reason of
7. When after voluntary dissolution of the incompetence, conflict of interest, or any other
absolute community of property or just cause, the court shall appoint a suitable
conjugal partnership has been judicially person to be the administrator. (n)
decreed upon the joint petition of the
spouses, they agree to the revival of the The administration of the exclusive property shall
former property regime. No voluntary belong to the owner-spouse. However, the court
separation of property may thereafter be may transfer the administration of these properties
granted. if any of the grounds mention is present.

The revival of the former property regime shall In the event that the other spouse is not qualified to
be governed by Article 67. (195a) assume administration by reason of incompetence,
conflict of interest, or any other cause, the court
When the separation of property is based on any of shall appoint a suitable person to be the
the grounds enumerated in Article 135 and the said administrator.
ground no longer exists, the parties may revive the
former property regime that governed them before
the separation of the property. The parties need REGIME OF SEPARATION OF PROPERTY
only to file a joint motion with court that issued the
judgment for separation of property praying that a
decree for revival of the former property regime be ARTICLE 143. Should the future spouses agree
issued. in the marriage settlements that their property
relations during marriage shall be governed by
When the separation of property is based upon the regime of separation of property, the
mutual agreement of the parties, a revival of the provisions of this Chapter shall be suppletory.
former property regime is allowed. However, once (212a)
granted, the parties could no longer go back to
separation of property by mutual agreement Articles 143 to 146 shall apply suppletory as the
because voluntary separation of property may only property relation of the parties shall be primarily
be availed once. governed by what they have stipulated in the
marriage settlement.
The procedures in Article 67 which refers to the
revival of the former property regime as a result of ARTICLE 144. Separation of property may refer
the reconciliation of the spouses in legal separation to present or future property or both. It may be
shall likewise apply here. total or partial. In the latter case, the property
not agreed upon as separate shall pertain to the
ARTICLE 142. The administration of all classes absolute community. (213a)
of exclusive property of either spouse may be
transferred by the court to the other spouse: All properties, whether present or future or both,
1. When one spouse becomes the guardian can be the subject of the separation of properties.
of the other; The separation can be taprial or total. In case of
partial separation, the property not agreed upon as
2. When one spouse is judicially declared separate shall be governed by the absolute
an absentee; community of property regime.
 PERSONS AND FAMILY RELATIONS 2024
ARTICLE 145. Each spouse shall own, dispose property shall be deemed to have contributed
of, possess, administer and enjoy his or her jointly in the acquisition thereof if the former's
own separate estate, without need of the efforts consisted in the care and maintenance
consent of the other. To each spouse shall of the family and of the household.
belong all earnings from his or her profession,
business or industry and all fruits, natural, Neither party can encumber or dispose by acts
industrial or civil, due or received during the inter vivos of his or her share in the property
marriage from his or her separate property. acquired during cohabitation and owned in
(214a) common, without the consent of the other, until
after the termination of their cohabitation.
ARTICLE 146. Both spouses shall bear the
family expenses in proportion to their income, When only one of the parties to a void marriage
or, in case of insufficiency or default thereof, to is in good faith, the share of the party in bad
the current market value of their separate faith in the co-ownership shall be forfeited in
properties. favor of their common children. In case of
default of or waiver by any or all of the common
The liabilities of the spouses to creditors for children or their descendants, each vacant
family expenses shall, however, be solidary. share shall belong to the respective surviving
(215a) descendants. In the absence of descendants,
such share shall belong to the innocent party.
Considering that there is no common property In all cases, the forfeiture shall take place upon
under this regime, expenses for the support of the termination of the cohabitation. (144a)
family shall be taken from the separate property
both spouses in proportion to their income. When a man and a woman lived together as
husband and wife without the benefit of marriage or
The creditors can demand payment of the entire under a void marriage, the property regimes will not
obligation from either of the spouses. However, the apply. Instead, their property regime will be
spouse who paid the whole obligation may later governed by co-ownership.
demand reimbursement from the other spouse.
The co-ownership under Art. 147 is a special co-
ownership as compared to the ordinary co-
ownership in the Civil Code.
PROPERTY REGIME OF UNIONS WITHOUT
MARRIAGE Co-ownership under Article 147 refers to full co-
ownership for everything acquired by either party
onerously during their cohabitation
ARTICLE 147. When a man and a woman who
are capacitated to marry each other, live Article 147 applies in the following instances:
exclusively with each other as husband and 1. When a man and woman lived together as a
wife without the benefit of marriage or under a husband and wife without the benefit of
void marriage, their wages and salaries shall be marriage and without any legal impediment
owned by them in equal shares and the to marry each other
property acquired by both of them through their 2. Void marriages under Article 36
work or industry shall be governed by the rules (psychological incapacity), Article 44, and
on co-ownership. Article 53
3. Void marriages because of absence of any
In the absence of proof to the contrary, of the formal requisites and/or consent
properties acquired while they lived together
shall be presumed to have been obtained by Wages and salaries acquired during their
their joint efforts, work or industry, and shall be cohabitation shall be owned by them in equal
owned by them in equal shares. For purposes shares. Properties acquired by them through their
of this Article, a party who did not participate in work or industry during the time that they live
the acquisition by the other party of any together shall be governed by co-ownership.
 PERSONS AND FAMILY RELATIONS 2024

A party who did not contribute money in the ARTICLE 163. The filiation of children may be
acquisition by the other party of any property shall by nature or by adoption. Natural filiation may
be deemed to have contributed jointly to the be legitimate or illegitimate. (n)
acquisition thereof if the former’s effort consisted in
the care and maintenance of the family and of the Paternity refers to the status of the father in relation
household. in relation to his child.

Under Art. 147, consent of both parties is required Maternity refers to the status of the mother in
in the disposition of any of the common properties relation to her child.

Art. 147 only applies to properties acquired by the Filiation refers to the status of a child in relation to
parties while they lived exclusively with each other his parents.
as husband and wife
Natural Filiation means that the relationship of the
The presumption that the properties are co-owned child to his parents is by blood.
and thus must be shared equally is not conclusive
but merely disputable. Filiation by Adoption is artificial in nature as the
relationship is only created by law.
ARTICLE 148. In cases of cohabitation not
falling under the preceding Article, only the ARTICLE 164. Children conceived or born
properties acquired by both of the parties during the marriage of the parents are
through their actual joint contribution of money, legitimate.
property, or industry shall be owned by them in
common in proportion to their respective Children conceived as a result of artificial
contributions. In the absence of proof to the insemination of the wife with the sperm of the
contrary, their contributions and corresponding husband or that of a donor or both are likewise
shares are presumed to be equal. The same rule legitimate children of the husband and his wife,
and presumption shall apply to joint deposits of provided, that both of them authorized or
money and evidences of credit. ratified such insemination in a written
instrument executed and signed by them before
If one of the parties is validly married to the birth of the child. The instrument shall be
another, his or her share in the co-ownership recorded in the civil registry together with the
shall accrue to the absolute community or birth certificate of the child. (55a, 258a)
conjugal partnership existing in such valid
marriage. If the party who acted in bad faith is Legitimate Children include:
not validly married to another, his or her shall 1. Children conceived or born during the
be forfeited in the manner provided in the last marriage of the parents
paragraph of the preceding Article.
2. Children from void marriages under Art. 36
The foregoing rules on forfeiture shall likewise and Art 54 (in relation to Art. 52 & 53)
apply even if both parties are in both faith.
(144a) 3. Children born of artificial insemination
a. Both spouses have authorized in
Co-ownership under Article 148 applies only to writing the performance of artificial
those that were acquired by both parties through insemination on the wife.
their actual joint contribution of money, property, or
industry and the co-ownership is based only on b. If the husband had no knowledge of
their actual contribution. the artificial insemination, he ratified
it upon knowledge.

PATERNITY AND FILIATION If the written authorization or

ratification of the husband was
 PERSONS AND FAMILY RELATIONS 2024
obtained through fraud, mistake, his wife within the first 120 days of the
violence, intimidation or undue 300 days which immediately preceded
influence, the husband may impugn the birth of the child because of:
the legitimacy of the child on these
grounds. a. The physical incapacity of the
husband to have sexual
c. The instrument containing the intercourse with his wife;
agreement of the parties must be
executed before the birth of the child A child born during a lawful wedlock
and shall be recorded in the civil fis always presumed by law as a
registry together with the birth legitimate child of the husband and
certificate of the child. wife. This presumption becomes
conclusive in the absence of proof
The sperm used in artificial insemination that there was physical impossibility
may be that of the husband or a donor to access between the spouses in
provided in the latter case the husband has the first 120 days of the 300 days
knowledge and consented to it. which immediately preceded the
birth of the child.
A wife who undergoes artificial insemination
using the semen of another man without the In order to overthrow the
knowledge and consent of her husband presumption, it must be shown
cannot be held liable of adultery because it beyond reasonable doubt that it was
does not involve sexual intercourse which is physically impossible for the
the essential element of the crime. husband to have sexual intercourse
with his wife during the period of
4. In vitro fertilization conception of the child.

If the fertilized ovum of the wife using the b. The fact that the husband and
sperm of the husband was injected into wife were living separately in such
another woman hired by them as surrogate a way that sexual intercourse was
mother, the child shall be considered as the not possible; or
child of the husband and wife, and not of the
surrogate mother. If there is a probability that the
husband could have fathered the
5. Legally adopted Children child, the doubt is resolved in favor
of the legitimacy of the child.
ARTICLE 165. Children conceived and born
outside a valid marriage are illegitimate, unless c. Serious illness of the husband,
otherwise provided in this Code. (n) which absolutely prevented
sexual intercourse;
The fine distinctions among the various types of
illegitimate children have been eliminated in the For sterility to constitute proof of
Family Code. Now, there are two classes of non-paternity on the ground of
children - legitimate and illegitimate. All children biological or scientific reasons, the
conceived and born outside a valid marriage are husband must be shown to be
illegitimate, unless the law itself gives them completely sterile at the time when
legitimate status. (Continental Steel v. Mondano) the child was conceived.

ARTICLE 166. Legitimacy of a child may be The fact that the husband had
impugned only on the following grounds: undergone vasectomy is not enough
proof to rebut the presumption of
1. That it was physically impossible for the legitimacy of the child sired by his
husband to have sexual intercourse with wife because it is still possible,
 PERSONS AND FAMILY RELATIONS 2024
despite vasectomy, that the sperm legal separation, ground for legal separation, future
can re-channel itself and effect a support, jurisdiction of courts, future legitime, etc.
fertilization.
The status and filiation of a child can never be
2. That it is proved that for biological or compromised. The law, and only the law,
other scientific reasons, the child could determines who are the legitimate and illegitimate
not have been that of the husband, children for one’s legitimacy or illegitimacy can
except in the instance provided in the never be compromised.
second paragraph of Article 164; or
ARTICLE 167. The child shall be considered
Compelling the alleged father of a child to legitimate although the mother may have
submit himself to DNA testing does not declared against its legitimacy or may have
violate his testimonial right against self- been sentenced as an adulteress. (256a)
incrimination as the right applies only to
testimonial compulsion. (Agustin v. CA, The wife who delivers the child cannot make the
2005) child illegitimate by declating that the child is not
that of her husband but of another man. This is true
When the filiation of a person who claims to even if the wife is convicted of adultery as the said
be the child of the deceased is being conviction should never affect the legitimate status
questioned by another who claims to be an of the child born or conceived inside of a valid
heir, the latter can request for DNA testing marriage.
to prove that the child is not really a
descendant of the deceased. (Turla v. A condition sine qua non to the application of Art.
Calma, 2018) 166 & 167 is that the child must have been
delivered by the wife as the biological mother. It will
The death of the alleged biological father not apply to a situation where the alleged mother
does not ipso facto negate the application of did not in fact deliver the child herself or that the
DNA testing for as long as there exist child did not really come from her womb. (Chua
appropriate biological samples of his DNA Keng Glap v. IAC)
(Estate of Ong v. Diaz. 2007)
ARTICLE 168. If the marriage is terminated and
Notwithstanding, the issuance of DNA the mother contracted another marriage within
testing order remains discretionary upon the three hundred days after such termination of
court. The court may deny it if there is the former marriage, these rules shall govern in
already preponderance of evidence to the absence of proof to the contrary:
establish paternity and the DNA test result
would only be corroborative. (Lucas v. 1. A child born before one hundred eighty
Lucas, 2011) days after the solemnization of the
subsequent marriage is considered to
3. That in case of children conceived have been conceived during the former
through artificial insemination, the marriage, provided it be born within
written authorization or ratification of three hundred days after the termination
either parent was obtained through of the former marriage;
mistake, fraud, violence, intimidation, or
undue influence. (255a) 2. A child born after one hundred eighty
days following the celebration of the
When the marriage is valid, only the husband, and subsequent marriage is considered to
his heirs (subject to Art. 171), can impugn the have been conceived during such
legitimacy of a child on the grounds enumerated in marriage, even though it be born within
Art. 166. the three hundred days after the
termination of the former marriage.
Art. 2035 of the Civil Code prohibits compromise on (259a)
the civil status of persons, validity of marriage or
 PERSONS AND FAMILY RELATIONS 2024
The reason why the wife is prohibited by law to
contract a second marriage within 300 days after Legitimacy cannot be collaterally attacked or
the termination of her marriage is to avoid doubtful impugned. A direct action precisely filed for the
paternity and filiation. purpose of assailing the legitimacy of the child must
be filed.
Access between spouses us presumed during the
marriage and even immediately before the  If the husband or any of his heirs reside in
termination of heir marriage. the city or municipality where the birth took
place or was recorded, within one (1) year.
Should the wife decide to remarry and deliver a
child within the prohibited 300-day period, the  If the husband or any of his heirs reside in
following presumption applies: the Philippines however they do not reside
in the city or municipality where the birth
 If the child is born before 180 days from the took place or was recorded, within two (2)
solemnization of the subsequent marriage, years.
the child is presumed to be the child of the
first marriage.  If the husband or any of his heirs reside
abroad, within three (3) years.
 If the child is born after 180 days from the
solemnization of the subsequent marriage,  If the birth of the child has been concealed
the child is presumed to be the child of the from or was unknown to the husband or his
subsequent marriage. heirs, the period shall be counted from the
discovery or knowledge of the birth of the
ARTICLE 169. The legitimacy or illegitimacy of a child or of the fact of registration of said
child born after three hundred days following birth, whichever is earlier.
the termination of the marriage shall be proved
by whoever alleges such legitimacy or In case the relief sought for is not to declare the
illegitimacy. (261a) illegitimacy of the child but the declaration that a
person is not the child of the parents at all, the
 If the child is born after 300 days from the period set forth does not apply. (Babiera v. Catotal,
solemnization of the marriage, the status of 2000)
the child shall be proven by whoever alleges
such. ARTICLE 171. The heirs of the husband may
impugn the filiation of the child within the
ARTICLE 170. The action to impugn the period prescribed in the preceding article only
legitimacy of the child shall be brought within in the following cases:
one year from the knowledge of the birth or its
recording in the civil register, if the husband or, 1. If the husband should die before the
in a proper case, any of his heirs, should reside expiration of the period fixed for bringing
in the city or municipality where the birth took his action;
place or was recorded.
2. If he should die after the filing of the
If the husband or, in his default, all of his heirs complaint without having desisted
do not reside at the place of birth as defined in therefrom; or
the first paragraph or where it was recorded,
the period shall be two years if they should 3. If the child was born after the death of
reside in the Philippines; and three years if the husband. (262a)
abroad. If the birth of the child has been
concealed from or was unknown to the Art. 171 applies only when the husband impugns
husband or his heirs, the period shall be the legitimacy of the child delivered by his wife.
counted from the discovery or knowledge of the
birth of the child or of the fact of registration of ARTICLE 172. The filiation of legitimate children
said birth, whichever is earlier. (263a) is established by any of the following:
 PERSONS AND FAMILY RELATIONS 2024
 Where the private handwritten instrument is
1. The record of birth appearing in the civil the lone piece of evidence submitted to
register or a final judgment; or prove filiation, there should be strict
compliance with the requirement that it must
2. An admission of legitimate filiation in a be signed by the acknowledging parent.
public document or a private handwritten
instrument and signed by the parent  Where the private handwritten instrument is
concerned. accompanied by other relevant and
competent evidence, it suffices that the
In the absence of the foregoing evidence, the claim of filiation be shown to have been
legitimate filiation shall be proved by: made and handwritten by the
acknowledging parent as it is merely
3. The open and continuous possession of corroborative.
the status of a legitimate child; or
The rule is that although the baptismal record of a
4. Any other means allowed by the Rules of natural child describes her as a child of the
Court and special laws. (265a, 266a, decedent, yet, if in the preparation of the record the
267a) decedent had no intervention, the baptismal record
cannot be held to be a voluntary recognition of
There are two sets of evidence that will prove or parentage. There is jurisprudence that a typewritten
establish filiation. letter signed by the father is not an authentic writing
(Berciles v. GSIS)
Thie first two paragraphs of Art. 172 can be
considered as the primary proofs of filiation while Aguilar’s SSS Form E-1 satisfies the requirement
the last two paragraphs are considered as the for proof of filiation and relationship to the Aguilar
secondary proof of the filiation. spouses under Article 172 of the Civil Cide, by
itself, said document constitutes an “admission of
A record of birth appearing in the civil register is a legitimate filiation in a public document or a private
very good proof of legitimate filiation as it comes handwritten instrument and signed by the parents
from an official government source and it is concerned.
considered as a public document. However, there
must be evidence of participation of the alleged Such due recognition in any authentic writing is, in
father in the making of such document. Otherwise, itself, a consummate act of acknowledgment of the
it is incompetent evidence of paternity. This rule, child, and no further court action is required.
however, applies only to illegitimate children. (Aguilar v. Siasat, 2015)

It is only in the registration of birth of an illegitimate In the absence of primary proofs, the secondary
child does the law require that the birth certificate proofs of filiation can be used.
be signed and sworn to jointly by the parents of the
infant, or only by the mother if the father refuses to In case of open and continuous possession of the
acknowledge the child. (Calimag v. Heirs of status of a legitimate child, there must be a
Macapaz, 2016) showing of the permanent intention of the
supposed father to consider the child as his own.
A final judgment refers to a judicial decision where The manifestation of paternal affection and care
the status of the child as legitimate is in issue, thus, must not just be an act of charity but of such nature
the judgement of the court is binding and that they reveal not only the conviction of paternity,
conclusive. If the declaration of the court is mere but also the apparent desire to have and treat the
obiter dictum, it does not establish filiation. child as such in all relations in society. (Ong v. CA)

Guidelines on the Requirement of Signature from ARTICLE 173. The action to claim legitimacy
the Acknowledging Parent in any Private may be brought by the child during his or her
Handwritten Instrument (Dela Cruz v. Garcia, 2009) lifetime and shall be transmitted to the heirs
should the child die during minority or in a state
 PERSONS AND FAMILY RELATIONS 2024
of insanity. In these cases, the heirs shall have If the action for recognition is based on the 2 nd
a period of five years within which to institute paragraph of Art. 172, it must be filed during the
the action. lifetime of the alleged parent. Otherwise, the action
is barred.
 If the claim for legitimacy shall be brought
up by the child, the action must be raised However, if the child was born before the effectivity
within his/her lifetime. of the Family Code, the law that will govern is the
Civil Code which provides that an illegitimate child
 If the claim for legitimacy shall be brought whose putative father dies during his minority, has
up by the heirs in case of the child’s death four (4) years upon reaching the age of majority
during minority, or in the state of insanity, within which to file an action to prove his filiation.
the action must be raised within five (5) This is a vested right which cannot be removed by
years from the death of the child. a new law.

ARTICLE 174. Legitimate children shall have the ARTICLE 176. Illegitimate children shall use the
right: surname and shall be under the parental
authority of their mother, and shall be entitled
1. To bear the surnames of the father and to support in conformity with this Code.
the mother, in conformity with the However, illegitimate children may use the
provisions of the Civil Code on surname of their father if their filiation has been
Surnames; expressly recognized by the father through the
record of birth appearing in the civil register, or
2. To receive support from their parents, when an admission in a public document or
their ascendants, and in proper cases, private handwritten instrument is made by the
their brothers and sisters, in conformity father. Provided, the father has the right to
with the provisions of this Code on institute an action before the regular courts to
Support; and prove non-filiation during his lifetime. The
legitime of each illegitimate child shall consist
3. To be entitled to the legitimate and other of one-half of the legitime of a legitimate child.
successional rights granted to them by (287a) (as amended by RA No 9255)
the Civil Code. (264a)
Illegitimate children shall use the surname of their
An illegitimate child has no right to inherit ab instate mother. However, they may use the surname of
from the legitimate children and relatives of his their father if their filiation has been expressly
father or mother. recognized by their father through the record of
birth appearing in the civil register, or when an
ARTICLE 175. Illegitimate children may admission in a public document or private
establish their illegitimate filiation in the same handwritten instrument is made by the father.
way and on the same evidence as legitimate
children. The use of the word “may” readily shows that an
acknowledged illegitimate child is under no
The action must be brought within the same compulsion to use the surname of his illegitimate
period specified in Article 173, except when the father. The provision is permissive and operates to
action is based on the second paragraph of confer discretion upon the illegitimate children.
Article 172, in which case the action may be
brought during the lifetime of the alleged Thus, an illegitimate child cannot be compelled to
parent. (289a) use the surname of his father even if he is already
recognized by the latter. (Grande v. Antonio, 2014)
The evidence to establish legitimate filiation and
period to file a claim for illegitimate filiation is similar Parental authority over illegitimate children is
to prove legitimate filiation. vested on the mother. However, it is submitted that
is the father of the illegitimate child is living with him
and his mother under one roof and admits that the
 PERSONS AND FAMILY RELATIONS 2024
child is his, the said father shall also exercise Legitimation shall take place by a subsequent valid
parental authority over the jointly with his mother marriage of the child's parents. Thus, if the
under Art. 211 of the Family Code. subsequent marriage of the parents is void, no
legitimation takes place. But, if the subsequent
ARTICLE 177. Children conceived and born marriage is merely voidable (meaning valid until
outside of wedlock of parents who, at the time annulled), legitimation applies even if the said
of conception of the former, were not marriage was later on annulled.
disqualified by any impediment to marry each
other, or were so disqualified only because ARTICLE 179. Legitimated children shall enjoy
either or both of them were below eighteen (18) the same rights as legitimate children. (272a)
years of age, may be legitimated. (269a) (as
amended by RA No 9858) A legitimated child enjoys all the rights of a
legitimate child.
Legitimated Children
1. Children conceived and born outside of ARTICLE 180. The effects of legitimation shall
wedlock retroact to the time of the child's birth. (273a)

2. The parents did not suffer any legal The subsequent valid marriage of the parents will
impediments to marry each other at the time legitimize the child not from the time of such
of conception marriage but from the time of birth of the child. It is
as if the child is their time of their marriage.
3. The parents subsequently entered into a
valid marriage. ARTICLE 181. The legitimation of children who
died before the celebration of the marriage shall
The child must be conceived AND born outside of benefit their descendants. (274)
wedlock. If the child was conceived outside
wedlock but born after his parents were already Legitimation will also take place even if the child is
lawfully married, he is already considered a already dead at the time of the marriage of his
legitimate child and not just legitimate. parents.

Under the Civil Code, before a child can be Thus, if the legitimated child who died before the
legitimated, such child must also be acknowledged subsequent marriage of his parents has some
by the father. Thus, if the child was conceived and descendants, his descendants will also be
born outside of wedlock before the effectivity of the benefited by the legitimation as they will now be
Family Code to parents who have no legal entitled to inherit from the of the deceased
impediments to marry each other, the subsequent legitimated child.
marriage of his parents will not automatically parents
legitimize him if his father does not want to
acknowledge him as his. However, upon the ARTICLE 182. Legitimation may be impugned
effectivity of the Family Code on August 3, 1988, only by those who are prejudiced in their rights,
the child shall be considered as a legitimated child within five years from the time their cause of
even without the acknowledgment of the father as action accrues. (275a)
the Family Code shall apply retroactively and
acknowledgment of the father is no longer Legitimation can only be questioned by those who
considered a condition to legitimation. are prejudiced in their successional rights. These
. persons refer to the legal heirs of the parents as
ARTICLE 178. Legitimation shall take place by a they will surely be affected by the elevation of the
subsequent valid marriage between parents. status of a legitimate child to that of a legitimated
The annulment of a voidable marriage shall not child.
affect the legitimation. (270a) (as amended by
RA No 9858) The prescriptive period to impugn legitimation is
five (5) years from the death of the parents of the
legitimated child because it is only at that time
 PERSONS AND FAMILY RELATIONS 2024
when the successional rights to the legitime will who is unable to fully take care or protect
vest. himself or herself from abuse, neglect, cruelty,
exploitation, or discrimination because of
physical or psychosocial disability or condition
ADOPTION
 Declared legally available for adoption
o Abandoned children
Adoption o Neglected children
 Who May Adopt o Foundling
 Who May be Adopted o Those voluntarily committed by the
 Administrative Process of Adoption parents or legal guardians to the care of
 Effects of Adoption NACC
 Rescission of Adoption
 R.A. No. 11222 When May Filipino Citizens Adopt
 Foundlings;  Any Filipino citizen at least 25 years old who is
o Citizenship Status and in possession of full civil capacity and legal
Administrative Adoption of rights
Foundlings under R.A. No.  Has not been convicted of any crime involving
11767 moral turpitude;
 Good moral character
R.A. 11642 or the Domestic Administrative  Emotionally and psychologically capable of
Adoption and Alternative Child Care Act repeals caring for and who is in a position to support
R.A. 8552 (Domestic Adoption Law) and R.A. 8043 and care for adopted children;
(Inter-country Adoption Law).  At least sixteen (16) years older than the
adoptee, except when:
Upon the effectivity of Republic Act No. 11642, o The adopter is the biological parent of
courts may no longer receive or accept petition for the adoptee
domestic adoption. o The adopter is the spouse of the
Both domestic and inter-country adoption is now adoptee's parent
purely an administrative proceeding. o The adopter is the legal guardian of the
ward after the termination of the
Jurisdiction over domestic adoption cases shall guardianship and clearance of financial
now be with the newly created National Authority accountabilities
for Child Care (NACC), a quasi-judicial agency o The legal guardians with respect to the
attached to the Department of Social Welfare and foster child;
Development. o Philippine government officials and
employees deployed or stationed
Authority and Jurisdiction of NACC
abroad provided they are able to bring
 Alternative child care
the child with them;
 Declaring the child legally available for adoption
 Issuance of Certificate Declaring the Child
When May Foreign Nationals Adopt
Legally Available for Adoption
 Permanent or habitual residents of the
 Domestic administrative adoption
Philippines for at least 5 years, except in the
 Adult adoption;
following cases:
 Foster care under R.A. 10165 (Foster Care Act)
o A former Filipino citizen habitually
 Adoption under R.A. 11222 (Simulated Birth
Rectification Act) residing in the Philippines who seeks to
 Adoption under R.A. 8043 (Inter-country adopt a relative within the 4th civil
Adoption Act) degree of consanguinity or affinity.
o One who seeks to adopt the legitimate
Child’s Qualification for Adoption child of their Filipino spouse
 The child to be adopted must be a person o One who is married to a Filipino citizen
below eighteen (18) years of age or over but who seeks to adopt jointly with their
 PERSONS AND FAMILY RELATIONS 2024
spouse a relative within the 4th civil Filipino of legal age who has been consistently
degree of consanguinity or affinity of the considered and treated as the adopter's own
Filipino spouse child for at least 3 years prior to the adoption.
 Possessing the same qualifications required for  The legitimate and adopted children of the
Filipino nationals prior to filing the petition: adopters if they are 10 years old and over
 That they come from a country with diplomatic  The illegitimate children of the adopter, if they
relations with the Republic of the Philippines are 10 years old and over, living with the
 The adopter's country must meet the following adopter, or under the adopter’s parental
conditions: authority
o Acknowledge the Certificate of Adoption  The spouse of the individual adopting or being
as valid. adopted.
o Recognize the child as a legal child of
the adopters. Children under 10 years old shall be counseled and
o Allow the entry of the child into the consulted, but shall not be required to execute
adopter's country as an adoptee. within consent.

Joint Adoption Procedure

Generally, spouses shall adopt jointly, except in the  Personal Appearance of Prospective Adoptive
following cases: Parents to ascertain fitness, qualifications, good
 If one spouse seeks to adopt the legitimate intentions before the RACCO at least twice
child of the other during the application period and on specific
 If one spouse seeks to adopt own illegitimate dates to be determined by the same.
child provided that the other spouse has
signified consent thereto  Matching Process of legally available children
 If the spouses are legally separated from each thirty (30) calendar days after the issuance of
other. the CDCLAA or the next matching conference,
whichever is applicable.

Who May be Adopted Cases of step-parent adoption, relative

 Any child who has been issued a CDCLAA; adoption, and adult adoption shall not undergo
 The legitimate child of one spouse by the other the matching process: Provided, That the child
spouse; and the PAPS have been living in one
 An illegitimate child by a qualified adopter to household for at least 2 years
improve status of legitimacy;
 A Filipino of legal age if, prior to the adoption,  Once a child is matched to an approved PAPs
said person has been consistently considered and was subsequently accepted, the NACC
and treated by the adopters as their own child shall authorize the pre- adoption placement of
for a period of at least 3 years the child to the PAPs.
 A foster child;
 Ward  A Supervised Trial Custody (STC) over the
 A child whose adoption has been previously adoptee by the adopter shall take place for a
rescinded; period of 6 months within which the parties are
 A child whose biological or adoptive parents expected to adjust psychologically and
have died provided that no proceedings shall be emotionally
initiated within 6 months from the time of death
of said parents; STC may be reduced or waived depending on
 A relative of the adopter the assessment and recommendation of the
adoption social worker, and the express
Consent to Adoption consent of the PAPs.
 The adoptee if they are 10 years old and over
 The biological parents, legal guardian, or The STC may be waived in all cases of
government agency with legal custody of the stepchild, relative, infant, or adult adoptions, as
child, except in cases where the adoptee is a
 PERSONS AND FAMILY RELATIONS 2024
assessed and recommended by the adoption within 15 calendar days from an Order denying
social worker. the adoption.

The PAPs shall assume all the responsibilities,  Orders of Adoption may be appealed before the
rights, and duties to which the biological parents Court of Appeals within ten (10) days from
are entitled from the date the adoptee is placed receipt of the Order by the interested party, or
with the prospective adopters. from the denial of the motion for
reconsideration;
 Once the parent-child relationship thrives during
the said Supervised Trial Custody (STC), the  An amended certificate of birth shall be issued
Petition for Administrative Adoption can now be by the civil registry, pursuant to the Order of
filed; Adoption, attesting to the fact that the adoptee
ss the child of the adopter by being registered
 No Petition for Adoption shall be processed with the adopter’s surname.
unless an adoption social worker of the NACC,
the social service office of the LGU, or any The original birth record shall be stamped
child-placing or child-caring agency, has made “cancelled” with the annotation of the issuance
a case study of the adoptee, the biological of an amended birth certificate in its place and
parents as well as the adopters, and has shall be sealed in the civil registry records.
submitted the report and recommendations on
the matter to the respective RACCO as among The new birth certificate to be issued to the
the supporting documents of the petition, and adoptee shall not bear any notation that it is an
the amended issue
NACC for the issuance of the Certificate of
Adoption.  All petitions, documents, records, and papers
relating to administrative adoption proceedings
 The petition together with complete and original in the files of the city or municipal SWDOs, the
supporting documents shall be filed by the RACCOs, the NACC, the DSWD, or any other
petitioners with the RACCO of the city or agency or institution participating in such
municipality where the PAPS reside. proceedings shall be kept strictly confidential.

 Any person who has personal knowledge of any Effects of Adoption

information, which by ordinary diligence could
not be discovered, and which when introduced  The adoptee shall be considered the legitimate
and admitted, would result in the denial of the child of the adopter for all intents and purposes
petition and protect the child from possible harm and as such in entitled to all the rights and
or abuse may, at any time during the STC or obligations provided by law to legitimate
before the issuance of the Order of Adoption, children born to them without discrimination of
interpose an objection to the petition and file a any kind.
complaint supported by evidence to that effect,
with the NACC, through the RACCO where the The legitimate filiation that is created between
petition was filed. The complaint will be the adopter and adoptee shall be extended to
subjected to verification and further the adopter’s parents, adopter’s legitimate
investigation. siblings, and legitimate descendants.

 If the NACC is convinced that the adoption shall  The adopter is given the right to choose the
redound to the best interest of the child or name by which the child is to be known,
prospective adoptee, it shall issue an Order of consistent with the best interest of the child.
Adoption which is a registrable civil registry
document.  Adoptive parents shall now have full parental
authority over the child. Except in cases where
 A motion for reconsideration may be filed before the biological parent is the spouse of the
the NACC, through the Executive Director, adopter, all legal ties between the biological
 PERSONS AND FAMILY RELATIONS 2024
parents and the adoptee shall be severed and o Guardian if the adoptee is below 18
the same shall then be vested on the adopters. years old or over but is incapacitated

In case spouses jointly adopt or one spouse  Grounds

adopts the legitimate child of the other, joint o Repeated physical or verbal
parental authority shall be exercised by the maltreatment by the adopter despite
spouses. having undergone counseling;
o Attempt on the life of the adoptee;
 The adoptive parents shall enjoy all the benefits o Abandonment and failure to comply with
entitled to biological parents, including benefits parental obligations.
that can be availed through the Social Security o Sexual assault or violence
System (SSS), Government Service Insurance
System (GSIS), Department of Labor and Adoption, being in the best interest of the child,
Employment (DOLE), Bureau of Internal shall not be subject to rescission by the adopter.
Revenue (BIR), Philippine Health Insurance However, the adopter may disinherit the adoptee
Corporation (PhilHealth), Health Maintenance for causes provided in Article 919 of the Civil Code
Organization (HMO) providers from the date of of the Philippines.
the Order of Adoption was issued to the
adoptive parent.
R.A. 11222: SIMULATED BIRTH
 Adoptive parents may avail of paid maternity RECTIFICATION ACT
and paternity leaves as provided under existing
laws for biological parents: Provided, That the Simulation of birth record refers to the tampering
leave benefits in this paragraph shall only be of the civil registry to make it appear in the record
availed if by the adoptive parents within one (1) of birth that a child was born to a person who is not
year from the issuance of the Order of such child’s biological mother, causing the loss of
Adoption: Provided, further, That the leave the true identity and status of such child;
benefits in this paragraph shall not apply in
cases of adult adoptions, and in all cases where Under the law, individuals who simulated a child’s
the adoptive child has been in the care and birth before the act's effectivity and treated the child
custody of the adoptive parent for at least three as their own may not be held liable if:
(3) years before the issuance of the Order of
Adoption by the NACC.  The simulation was done in the child’s
best interest and that the child has been
 In testate and intestate succession, the consistently considered and treated by such
adopters and the adoptee shall have reciprocal person or persons as her, his, or their own
rights of succession without distinction from daughter or son
legitimate filiations. However, if the adoptees
and their biological parents have left a will, the  A petition for adoption and rectification of
law on testamentary succession shall govern. the simulated birth record is filed within ten
(10) years of the act's effectivity (2018 –
 Upon reaching the age of majority, the 2028)
assistance of the NACC, LGU, or the concerned
child-caring or child-placing agency may be All related petitions, documents, and records are
sought to trace the adoptee’s biological family inadmissible as evidence in criminal, civil, or
and eventually have a face-to-face meet-up. administrative cases against those involved in the
The right of the adoptee to identity shall take simulation.
precedence over any other considerations:

Rescission of Adoption R.A. 11767: FOUNDLING RECOGNITION AND

 Who may ask for rescission of adoption? PROTECTION ACT
o Adoptee with the assistance of NACC
o SWDO if the adoptee is a minor
 PERSONS AND FAMILY RELATIONS 2024
A foundling shall be a deserted or abandoned
child or infant with unknown facts of birth and ARTICLE 194. Support compromises everything
parentage. indispensable for sustenance, dwelling,
clothing, medical attendance, education and
A foundling found in the Philippines and/or in transportation, in keeping with the financial
Philippine embassies, consulates and territories capacity of the family.
abroad is presumed a natural-born Filipino citizen
regardless of the status or circumstances of birth. The education of the person entitled to be
supported referred to in the preceding
The presumption of natural-born status of a paragraph shall include his schooling or
foundling may not be impugned in any proceeding training for some profession, trade or vocation,
unless substantial proof of foreign parentage is even beyond the age of majority. Transportation
shown. shall include expenses in going to and from
school, or to and from place of work. (290a)
In the event that the biological parents cannot be
identified and located, the foundling shall be Support comprises everything necessary to keep
declared legally available for adoption subject to person alive.
existing laws, rules and regulations and taking into
consideration the best interest of the child. Natural refers to the basic necessities while civil
support refers to a support anything beyond the
Notwithstanding Articles 276 and 277 of the basic necessities.
Revised Penal Code and Republic Act No. 7610,
any parent who relinquishes an infant thirty (30) The present law provides that even if the person to
days old and younger to the following persons or be supported is already of legal age, the supporter
entities shall be exempt from criminal liability: is still obliged to give support in order for the former
a) a licensed child-caring agency; to continue and finish his/her schooling or training.
b) a licensed child-placing agency;
c) a church (devoted to religious worship held ARTICLE 195. Subject to the provisions of the
with regularly) succeeding articles, the following are obliged to
d) DOH-accredited health facilities including support each other to the whole extent set forth
hospitals, infirmaries, city health offices, in the preceding article:
birthing homes, rural health units and
barangay health stations; 1. The spouses;
e) A Local Social Welfare and Development
Office; 2. Legitimate ascendants and descendants;
f) DSWD-managed residential care facilities
and LGU-managed residential care 3. Parents and their legitimate children and
facilities. the legitimate and illegitimate children of
the latter;

SUPPORT 4. Parents and their illegitimate children

and the legitimate and illegitimate
children of the latter; and
Support
 What Comprises Support 5. Legitimate brothers and sisters, whether
 Who are Obliged to Give Support of full or half-blood (291a)
 Source of Support
 Order of Support Support is a reciprocal obligation. Those listed in
Art. 194 are obliged to support each other to the
Support is a mandatory obligation which cannot be whole extent.
waived, renounced, transmitted or compensated.
Any waiver of such right is null and void for being The obligation of the husband and wife to support
contrary to law and public policy. each other presupposes the existence of a valid
 PERSONS AND FAMILY RELATIONS 2024
marriage. Thus, when the validity of marriage is in ARTICLE 197. In case of legitimate ascendants;
issue, support pendente lite cannot be awarded by descendants, whether legitimate or illegitimate;
the court to the plaintiff without a hearing and brothers and sisters, whether legitimately
determining the existence of marriage (Yangco v. or illegitimately related, only the separate
Rhode). property of the person obliged to give support
shall be answerable provided that in case the
A wife guilty of adultery is not entitled to support. obligor has no separate property, the absolute
However, the alleged adultery of the wife must be community or the conjugal partnership, if
proven by competent evidence. The mere financially capable, shall advance the support,
allegation that the wife committed adultery is not which shall be deducted from the share of the
enough to bar her from receiving support pendente spouse obliged upon the liquidation of the
lite. (Reyes v. Ines-Luciano) absolute community or of the conjugal
partnership. (n)
A child born out of an adulterous relationship of the
wife and another man is not entitled to support from If the persons to be supported are the spouses and
the husband. (Sanchez v. Zulueta) their common children, or the legitimate children of
either spouse in a previous marriage, the amount of
To be entitled to legal support, the child must, in a support should be taken from the CPG or ACP.
proper action, establish his/her filiation if it is not
acknowledged or admitted. (Dolina v. Vallecera) Support of a spouse’s ascendants, siblings, and
illegitimate children shall be charged against the
The persons obliged to support each other are separate property of the spouse.
limited from the grandparents to grandchildren and
vice versa only. It does not extend to the great However, if the obligor does not have a separate
grandchildren. property, the ACP or CPG shall advance the
support, which shall be deducted from the share of
Further, grandchildren cannot demand support the said spouse upon the dissolution of the
directly from their grandparents if they have parents partnership.
(ascendants of the nearest degree) who are
capable of supporting them. ARTICLE 198. During the proceedings for legal
separation or for annulment of marriage, and
The obligation of support does not extend to in for declaration of nullity of marriage, the
laws. (Spouses. Lim v. Lim, 2009) spouses and their children shall be supported
from the properties of the absolute community
A conceived child, although still unborn, is entitled or the conjugal partnership. After the final
to support from the father because said child is judgment granting the petition, the obligation of
already given by law a provisional personality of its mutual support between the spouses ceases.
own for all purposes favorable to it. However, in case of legal separation, the court
may order that the guilty spouse shall give
ARTICLE 196. Brothers and sisters not support to the innocent one, specifying the
legitimately related, whether of the full or half- terms of such order. (292a)
blood, are likewise bound to support each other
to the full extent set forth in Article 194, except The obligation of the husband and wife to support
only when the need for support of the brother each other presupposes the existence of a valid
or sister, being of age, is due to a cause marriage. Thus, when the validity of marriage is in
imputable to the claimant's fault or negligence. issue, as in the case where the husband denied
(291a) that there exists a valid marriage between him and
the wife, support pendente lite cannot be awarded
Legitimate brothers and sister, whether half-blood by the court to the plaintiff without a hearing
or full-blood, are obliged to support each other. determining the existence of marriage (Yangco v.
Uncles, aunts, nephews, and nieces are not Rhode)
obligated to support each other.
 PERSONS AND FAMILY RELATIONS 2024
During the pendency of an action for annulment of
marriage or legal separation, support of the When a person needs support and all those
husband and wife shall be taken from the conjugal persons obliged to provide him support under the
partnership or from the absolute community as the law are still living, Art. 199 lists the order of the
case may be. persons upon whom the liability of giving support
devolves which must be strictly observed.
Once the court grants the annulment of marriage,
the obligation to give support ceases. However, in When there are several persons obliged to give
legal separation, the court may order the guilty support belonging to the same category, they
spouse to continue providing support to the should share in the amount needed to support a
innocent spouse despite the grant of legal particular person. The amount that they will each
separation. contribute for support shall be in proportion to their
respective income and not equally.
The distinction is because in an annulment of
marriage, the marriage is dissolved while in legal In case of emergency, the court may order only one
separation there is no dissolution of marriage. The of them to provide support provisionally, without
spouses are only separated in bed and in board. prejudice to his right to claim from his siblings the
share due from them.
ARTICLE 199. Whenever two or more persons
are obliged to give support, the liability shall When several persons demand support from one
devolve upon the following persons in the order person at the same time, and the latter does not
herein provided: have sufficient means to satisfy all the claims, the
order established in Article 199 shall be followed.
1. The spouse;
However, when the concurrent obliges are the
2. The descendants in the nearest degree; spouse and a child subject to parental authority, the
latter shall be preferred. Conversely, a child who is
3. The ascendants in the nearest degree; already of legal age is not preferred over
and the spouse.

4. The brothers and sisters. (294a) 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
ARTICLE 200. When the obligation to give the giver and to the necessities of the recipient.
support falls upon two or more persons, the (296a)
payment of the same shall be divided between
them in proportion to the resources of each. The amount of support to be given by the supporter
shall be in proportion to his means and to the
However, in case of urgent need and by special needs of the recipient.
circumstances, the judge may order only one of
them to furnish the support provisionally, It is the court who determines the amount based on
without prejudice to his right to claim from the the evidence presented by the parties.
other obligors the share due from them.
ARTICLE 202. Support in the cases referred to
When two or more recipients at the same time in the preceding article shall be reduced or
claim support from one and the same person increased proportionately, according to the
legally obliged to give it, should the latter not reduction or increase of the necessities of the
have sufficient means to satisfy all claims, the recipient and the resources or means of the
order established in the preceding article shall person obliged to furnish the same. (297a)
be followed, unless the concurrent obligees
should be the spouse and a child subject to The judgment of support is always subject to
parental authority, in which case the child shall modification and the court may adjust the amount
be preferred. (295a)
 PERSONS AND FAMILY RELATIONS 2024
depending on the changing needs of the recipient or by receiving and maintaining in the family
and the changing ability of the provider. dwelling the person who has a right to receive
support. The latter alternative cannot be availed
If the need of the recipient increases and the of in case there is a moral or legal obstacle
income of the provider have also increased, the thereto. (299a)
court may also increase the amount of support.
The person obliged to give support has the option
ARTICLE 203. The obligation to give support to either give it in a fixed monthly allowance, or
shall be demandable from the time the person maintaining him/ her in the family dwelling.
who has a right to receive the same needs it for However, the second alternative may not be
maintenance, but it shall not be paid except availed of in case there is moral or legal obstacle
from the date of judicial or extrajudicial thereof.
demand.
ARTICLE 205. The right to receive support
Support pendente lite may be claimed in under this Title as well as any money or
accordance with the Rules of Court. property obtained as such support shall not be
levied upon on attachment or execution. (302a)
Payment shall be made within the first five days
of each corresponding month or when the The amount that a person receives by way of
recipient dies, his heirs shall not be obliged to support is necessary for his survival and well-being,
return what he has received in advance. (298a) thus, it cannot be attached or levied on execution.
However, in case of contractual support or that
Demand for support is necessary as it is only from given by will, the excess in amount beyond that
the time of demand that the obligation to support required for legal support shall be subject to levy on
commences. Demand may be judicial or attachment or execution
extrajudicial.
ARTICLE 206. When, without the knowledge of
Right to support does not arise from the mere fact the person obliged to give support, it is given
even from the relationship of parents and children, by a stranger, the latter shall have a right to
but "from imperative necessity without which it claim the same from the former, unless it
cannot be demanded, and the law presumes that appears that he gave it without intention of
such necessity does not exist unless support is being reimbursed. (2164a)
demanded" (Civil Code of the Philippines
Annotated, Tolentino, Vol. 181, citing Manresa ARTICLE 207. When the person obliged to
685). support another unjustly refuses or fails to give
support when urgently needed by the latter, any
The obligation to give support ceases when the third person may furnish support to the needy
recipient engages in a trade, profession or industry, individual, with right of reimbursement from the
or has obtained work or has improved his fortune in person obliged to give support. This Article
such a way that he no longer needs the allowance shall particularly apply when the father or
for his subsistence. mother of a child under the age of majority
unjustly refuses to support or fails to give
However, if in spite of the fact that the person support to the child when urgently needed.
supported is already working, the necessities of the (2166a)
recipient continue and the obligation to give what is
needed subsists (Corral v. Gallego). Thus, it is the The giving of support by a stranger must be with
sufficiency of the income derived from the practice the intention to be reimbursed later on by the one
of the profession, art or trade that determines the who is obliged to support the recipient. If the person
necessity for support. provided support to a child out of pity and
compassion, without the one who is obliged to
ARTICLE 204. The person obliged to give support the recipient.
support shall have the option to fulfill the
obligation either by paying the allowance fixed,
 PERSONS AND FAMILY RELATIONS 2024
Thus, if the person reimbursement as the giving in cases authorized by law (Sagala-Eslao v. Court
was done voluntarily and no unjust any intention to of Appeals, 1997)
be reimbursed, then he cannot later on demand for
enrichment happens. Thus, if a parent entrusts the custody of his minor
child to a friend a relative, what is given is only
ARTICLE 208. In case of contractual support or temporary custody and not a renunciation of
that given by will, the excess in amount beyond parental authority. A father can, therefore, recover
that required for legal support shall be subject rightful custody of his child from the latter's
to levy on attachment or execution. grandparents in absence of proof that he is
disqualified to exercise parental authority (Santos v.
Furthermore, contractual support shall be CA, 1995)
subject to adjustment whenever modification is
necessary due to changes of circumstances ARTICLE 211. The father and the mother shall
manifestly beyond the contemplation of the jointly exercise parental authority over the
parties. (n) persons of their common children. In case of
disagreement, the father's decision shall
prevail, unless there is a judicial order to the
contrary.
PARENTAL AUTHORITY
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 parental authority. (311a)
a. Concept of Parental Authority
b. Substitute Parental Authority The use of the word common children emphasizes
c. Special Parental Authority the fact that the child here may either be legitimate
d. Effects of Parental Authority or illegitimate.
1. The paternity is certain
ARTICLE 209. Pursuant to the natural right and 2. The father and the mother of the illegitimate
duty of parents over the person and property of child must be living together under one roof
their unemancipated children, parental with the child
authority and responsibility shall include the
caring for and rearing them for civic In case of conflict between the parents in the
consciousness and efficiency and the manner of rearing the child under their joint
development of their moral, mental and parental authority, the remedy of the mother is to
physical character and well-being. (n) go to court and question the decision of the father.
The objection of the mother must rest on a very
The guardianship which parents exercise over their valid and substantial reason.
children by virtue of the paternal authority granted
them by law has for its purpose their physical Children are obliged to respect and obey their
development, the cultivation of their intelligence, parents for as long as they are under their parental
and the development of their intellectual and authority. The parent may apply for an order
sensitive faculties (Reyes v. Alvarez) providing for disciplinary measures over the child.
Furthermore, Act No. 4002 provides that a child
ARTICLE 210. Parental authority and incurs criminal liability if the child shows disrespect
responsibility may not be renounced or or disobedience to his parents.
transferred except in the cases authorized by
law. (313a) ARTICLE 212. In case of absence or death of
either parent, the parent present shall continue
Parental authority is inalienable and any abdication exercising parental authority. The remarriage of
his authority by the parents is null and void as it the surviving parent shall not affect the parental
cannot be waived, transferred, or renounced except authority over the children, unless the court
 PERSONS AND FAMILY RELATIONS 2024
appoints another person to be the guardian of If the child is over seven years of age, the child is
the person or property of the children. (n) given the right to choose but the choice of the child
may be overruled by the court if it finds the same to
The remarriage of the surviving parent will not be not in the best interest of the child.
affect that authority but the new spouse will not be
entitled to exercise joint parental authority over the The matter of custody is not permanent and
child not unless he/she adopts the child. unalterable. In all questions relating to the care,
custody, education, and property of the
However, the court may deprive the surviving children, the latter’s welfare is paramount. This
parent of his/her parental authority over the child if, means that the best interest of the minor can
it finds that, by reason of the remarriage, the override procedural rules and even the rights of
surviving parent cannot undertake anymore the parents to the custody of their children. (Beckett
necessary devotion, care, loyalty and concern v. Sarmiento)
toward the child.
If the parent who was given custody suffers a future
ARTICLE 213. In case of separation of the change and becomes unfit, the court may still
parents, parental authority shall be exercised change its order and transfer the custody of the
by the parent designated by the Court. The child to the other if there are compelling reasons to
Court shall take into account all relevant do so.
considerations, especially the choice of the
child over seven years of age, unless the parent The award of parental authority to one parent in
chosen is unfit. (n) case of legal separation does not mean that the
parental authority of the other parent is necessarily
Parents can never be deprived of their custody and terminated or lost. Parental authority is terminated
care of their children except for a valid cause only if the court so decrees on the basis of the valid
provided by law. causes for termination or suspension of such
authority under Articles 228 to 233 of the Family
In custody cases, the child's best interest is the Code.
paramount consideration the award of custody to
one parent. The court may award custody of the child to a
stranger if such award would best serve the
The second paragraph which provides that “no paramount interest of the child (Balatbat v.
child under seven years of age shall be separated Balatbat)
from the mother is unless there are compelling
reasons,” is mandatory. (Dacasin v. Del Mundo- The absence of kinship between the child and the
Dacasin) stranger does not bar the lower court from
awarding the custody of the former to the latter.
What constitutes "compelling reasons" must be The law provides that in certain cases the custody
clearly shown by positive and clear evidence of the of the child may be awarded even to strangers, as
unfitness of the mother and its determination is left against the natural parents.
to the sound judgment of the courts.
Thus, if the court finds both parents to be improper
To deprive the wife of custody, the husband must persons to whom to entrust the care, custody, and
clearly establish that her moral lapses have an control of such child, the court may designate other
adverse effect on the welfare of the child or have persons to take charge of such child, or commit it to
distracted the offending spouse from exercising any suitable asylum, children's home, or benevolent
proper parental care (Gualberto v. CA, 2005) society (Chua v. Cabangbang)

The general rule is that, if the child is below seven ARTICLE 214. In case of death, absence or
years of age, the custody should be awarded to the unsuitability of the parents, substitute parental
mother, unless there are compelling reasons to authority shall be exercised by the surviving
deprive the mother of such custody. grandparent. In case several survive, the one
designated by the court, taking into account the
 PERSONS AND FAMILY RELATIONS 2024
same consideration mentioned in the preceding
article, shall exercise the authority. (355a) 3. The child's actual custodian, over
twenty-one years of age, unless unfit or
Substitute parental authority is given by law to disqualified.
grandparents in case of death, absence or
unsuitability of the child's parents to exercise Whenever the appointment or a judicial
parental authority. guardian over the property of the child
becomes necessary, the same order of
If both the paternal and maternal grandparents of preference shall be observed. (349a, 351a, 354a)
the child are still living, the court will decide to
whom the custody and parental authority over the In case of default of parents or a judicially
child be awarded taking into consideration the best appointed Code shall assume substitute parental
interest and welfare of the child. authority in the same order guardian, the persons
enumerated in Article 216 of the Family of
For Art. 214 to apply, it is necessary that both preference mentioned in the said article.
parents must have been dead or unable to
exercise parental authority. The child's actual custodian who is not in any way
related by blood to the child may be awarded by the
If only one parent is dead or absent, parental court the custody and parental authority even as
authority shall be exercised by the surviving parent against the natural parents of the said child where it
and not by the grandparents. appears that the biological parents of the child are
improper persons to whom to entrust the care,
ARTICLE 215. No descendant shall be custody and control of the child. The court may
compelled, in a criminal case, to testify against designate even a stranger to exercise custody and
his parents and grandparents, except when parental authority over the child (Cabangbang v.
such testimony is indispensable in a crime Chua, 1969).
against the descendant or by one parent
against the other. (315a) ARTICLE 217. In case of foundlings, abandoned
neglected or abused children and other children
The Filial Privilege Rule refers to the right of the similarly situated, parental authority shall be
descendant not to be compelled to testify in a entrusted in summary judicial proceedings to
criminal case against his parents and grandparents, heads of children's homes, orphanages and
except when such testimony is indispensable in a similar institutions duly accredited by the
crime, against the descendant or by one parent proper government agency. (314a)
against the other. This rule does not include or
extend to civil cases. ARTICLE 218. The school, its administrators
and teachers, or the individual, entity or
What is prohibited here is the act of compelling the institution engaged in child are shall have
child or descendant to testify against his parents in special parental authority and responsibility
a criminal case. The descendant, however, can over the minor child while under their
voluntarily testify if he so desires. supervision, instruction or custody.

ARTICLE 216. In default of parents or a Authority and responsibility shall apply to all
judicially appointed guardian, the following authorized activities whether inside or outside
person shall exercise substitute parental the premises of the school, entity or institution.
authority over the child in the order indicated: (349a)

1. The surviving grandparent, as provided Once a minor student enters the premises of the
in Art. 214; school and placed under its supervision, instruction
or custody, he is immediately considered to be
2. The oldest brother or sister, over twenty- under the special parental authority of the school
one years of age, unless unfit or concerned.
disqualified; and
 PERSONS AND FAMILY RELATIONS 2024
If the child causes damage or injury to another
inside the school premises, it is the school, its However, Article 2180 of the Civil Code provides
administrators and teachers, or the individual, entity that "teachers or heads of establishments of arts
or institution engaged in childcare who will be and trades shall be liable for damages caused by
principally and solidarily liable for the damage their pupils and students so long as they remain in
caused by the child. their custody." The foregoing article will apply even
if the student is no a minor.
The liability of the parents for the act causing
damage to another committed by their minor The school of arts and trade cannot be held liable
children inside the school premises shall only be for the damage caused its students as it is the
subsidiary. teachers or heads of establishment who are
primarily liable under the law. But, while the school
The responsibility of the school and the teacher itself cannot be held liable under Article 2180, it can
extends beyond the campus, as it applies to all nevertheless be held liable under the principle of
authorized activities inside or outside the school respondeat superior considering that it is the
premises. employer of the teacher or head teacher principally
liable.
ARTICLE 219. Those given the authority and
responsibility under the preceding Article shall ARTICLE 220. The parents and those exercising
be principally and solidarily liable for damages parental authority shall have with the respect to
caused by the acts or omissions of the their unemancipated children on wards the
unemancipated minor. The parents, judicial following rights and duties:
guardians or the persons exercising substitute
parental authority over said minor shall be 1. To keep them in their company, to
subsidiarily liable. support, educate and instruct them by
right precept and good example, and to
The respective liabilities of those referred to in provide for their upbringing in keeping
the preceding paragraph shall not apply if it is with their means;
proved that they exercised the proper diligence
required under the particular circumstances. 2. To give them love and affection, advice
and counsel, companionship and
All other cases not covered by this and the understanding;
preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts. 3. To provide them with moral and spiritual
(n) guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance,
The same vigilance is expected from the teacher industry and thrift, stimulate their
over the students under his control and supervision, interest in civic affairs, and inspire in
whatever the nature of the school where he is them compliance with the duties of
teaching. citizenship;

Where the school is academic rather than technical 4. To furnish them with good and
or vocational in nature, responsibility for the tort wholesome educational materials,
committed by the student will attach to the teacher- supervise their activities, recreation and
in-charge of such student, following the first part of association with others, protect them
the provision. However, if the establishment is a from bad company, and prevent them
school of arts and trades, it is the head thereof, and from acquiring habits detrimental to their
only he, shall be held liable as an exception to the health, studies and morals;
general rule (Amadora v. Court of Appeals, 1988).
5. To represent them in all matters affecting
Both Articles 218 and 219 refer to students who are their interests;
still minors under the supervision, instruction or
custody of the school, administrators and teachers.
 PERSONS AND FAMILY RELATIONS 2024
6. To demand from them respect and liable for the injuries and damages caused by
obedience; the acts or omissions of their unemancipated
children living in their company and under their
7. To impose discipline on them as may be parental authority subject to the appropriate
required under the circumstances; and defenses provided by law. (2180(2)a and (4)a)
8. To perform such other duties as are
imposed by law upon parents and Parents are principally and primarily liable for the
guardians. (316a) acts or omissions of their children which resulted to
the damage or prejudice of another. This liability of
Parental authority over the person of the child the parents is known as the vicarious liability or
includes the obligation to keep them in their the doctrine of imputed negligence under the tort
company, support and educate them, and provide law
them with good examples.
For this liability to attach, it is necessary that the
They shall represent them in all matters affecting child must still be living in their company and under
their interest and have the right to demand respect their parental authority.
and obedience from them and impose discipline as
may be required under the circumstances. When a child living with its parents commits a
tortuous act, the parents are presumed negligent
Parents have the right to keep their children in their unless they can show that they exercised all the
company. Refusal of the parents to give their diligence of a good father of a family to prevent the
consent to the marriage of their minor child is no damage.
justification for the said child to abandon her
parents and live in the home of the judge (Salvana Adopting parents are not liable for the crime
v. Gaeta) committed by their adopted child during the
pendency of the adoption proceeding in court. This
In another case, the Supreme Court granted the is because when the child committed the act, he
petition for habeas corpus filed by the parents was still under the custody and parental authority of
against the religious institution, to whom they his natural parents notwithstanding the retroactivity
entrusted their child who was still two and a half of the adoption decree (Tamargo v. CA).
years old, even if the child testified that she was
there of her own free will (Reyes v. Alvarez, 8 Phil. In order to free themselves from liability for acts
723). committed by their minor children, it is imperative
that the parents must show that they exercised the
A mother has the right to file a petition for change due diligence of a good father of a family.
of name for and on behalf of her child as it is part of
her duty to represent her children in all matters When a minor shot and killed his girlfriend after the
affecting their interest (Tse v. Republic) latter broke off their relationship, and the gun used
by the minor was that of his father, the presumption
The offer of the father to redeem for and on behalf of negligence applies. Here, the father is vicariously
of their children their property is valid as it is an act liable for the death of their son's girlfriend (Libi v.
of representation of his children being their natural IAC).
guardian (Wenceslao v. Calimo)
ARTICLE 222. The courts may appoint a
Parents have the right to demand from their guardian of the child's property or a guardian
children respect and obedience and to impose ad litem when the best interests of the child so
discipline on them as may be required under the requires. (317)
circumstances. Part of the said right to discipline
their children is to inflict a reasonable measure of Whatever right the parents have to act as the
corporal punishment. guardian of their own child may be subordinated to
the established rule that the welfare and best
ARTICLE 221. Parents and other persons interest of the child are the primary consideration.
exercising parental authority shall be civilly
 PERSONS AND FAMILY RELATIONS 2024
In deciding who will be appointed guardian of the shall prevail, unless there is a judicial order to
minor, the court shall consider the financial the contrary.
capability, business acumen, the physical condition,
the character, conduct, and the present and past Where the market value of the property or the
history of the prospective appointee, as well as the annual income of the child exceeds P50,000, the
probability of his being able to exercise the powers parent concerned shall be required to furnish a
and duties of guardian for the full period during bond in such amount as the court may
which guardianship will be necessary. determine, but not less than ten per centum
(10%) of the value of the property or annual
ARTICLE 223. The parents or, in their absence income, to guarantee the performance of the
or incapacity, the individual, entity or institution obligations prescribed for general guardians.
exercising parental authority, may petition the
proper court of the place where the child A verified petition for approval of the bond shall
resides, for an order providing for disciplinary be filed in the proper court of the place where
measures over the child. The child shall be the child resides, or, if the child resides in a
entitled to the assistance of counsel, either of foreign country, in the proper court of the place
his choice or appointed by the court, and a where the property or any part thereof is
summary hearing shall be conducted wherein situated.
the petitioner and the child shall be heard.
The petition shall be docketed as a summary
However, if in the same proceeding the court special proceeding in which all incidents and
finds the petitioner at fault, irrespective of the issues regarding the performance of the
merits of the petition, or when the obligations referred to in the second paragraph
circumstances so warrant, the court may also of this Article shall be heard and resolved.
order the deprivation or suspension of parental
authority or adopt such other measures as it The ordinary rules on guardianship shall be
may deem just and proper. (318a) merely suppletory except when the child is
under substitute parental authority, or the
ARTICLE 224. The measures referred to in the guardian is a stranger, or a parent has
preceding article may include the commitment remarried, in which case the ordinary rules on
of the child for not more than thirty days in guardianship shall apply. (320a)
entities or institutions engaged in child care or
in children's homes duly accredited by the The father and the mother of an unemancipated
proper government agency. child of the said child without need of a court
appointment.
The parent exercising parental authority shall
not interfere with the care of the child whenever In case of disagreement between the parents of the
committed but shall provide for his support. child, the law provides that the decision of the
Upon proper petition or at its own instance, the father shall prevail. This is without prejudice,
court may terminate the commitment of the however, to the right of the mother to go to court to
child whenever just and proper. (391a) question such decision.

If the child is incorrigible despite efforts of the In case the value of the property or the income of
parents, the latter may seek the assistance of the the child exceeds P50,000, the parents are
court where the child resides in imposing such required to put up a bond in such amount as the
discipline. court may determine, but not less than 10% of the
value of the property or the annual income of the
ARTICLE 225. The father and the mother shall said child to guarantee the performance of the
jointly exercise legal guardianship over the obligations prescribed for general guardians.
property of the unemancipated common child
without the necessity of a court appointment. In If the parents are the one acting aw guardian over
case of disagreement, the father's decision the property of their child, the rules on guardianship
are merely suppletory. However, if the child is
 PERSONS AND FAMILY RELATIONS 2024
under substitute parental authority, or the guardian compensate their child with a reasonable monthly
is a stranger, or a parent has remarried, the allowance in an amount not less than that which the
ordinary rules on guardianship shall apply. This is parents will pay if the administrator were a stranger.
so because those who are not parents of the child The amount given to the child as allowance for
are not expected to have the same sense of services rendered shall not be charged to the
devotion and loyalty to the child not their own. child’s legitime
Therefore, more protection and safeguards are
needed. ARTICLE 228. Parental authority terminates
permanently:
The authority of the parents over the property of
their children as or management. It does not 1. Upon the death of the parents;
include acts of encumbrance or disposition (Nario
v. Philippine American Life Ins. Co.). 2. Upon the death of the child; or

ARTICLE 226. The property of the 3. Upon emancipation of the child. (327a)
unemancipated child earned or acquired with
his work or industry or by onerous or ARTICLE 229. Unless subsequently revived by a
gratuitous title shall belong to the child in final judgment, parental authority also
ownership and shall be devoted exclusively to terminates:
the latter's support and education, unless the
title or transfer provides otherwise. 1. Upon adoption of the child;

The right of the parents over the fruits and 2. Upon appointment of a general guardian;
income of the child's property shall be limited
primarily to the child's support and secondarily 3. Upon judicial declaration of
to the collective daily needs of the family. (321a, abandonment of the child in a case filed
323a) for the purpose;

The property acquired by the child through his own 4. Upon final judgment of a competent
effort or industry or by gratuitous title shall belong court divesting the party concerned of
to him in ownership. The said properties shall be parental authority; or
devoted primarily for his own welfare, support and
education. However, if the said child's property and 5. Upon judicial declaration of absence or
income is more than enough for his own needs, the incapacity of the person exercising
same may be used for the collective daily needs of parental authority. (327a)
his family if the latter is truly in need of such
amount The termination of parental authority under Art.
229, unlike in Art. 228, is not permanent. Parental
ARTICLE 227. If the parents entrust the authority may be subsequently revived if the
management or administration of any of their grounds stated in Art. 229 cease to exist.
properties to an unemancipated child, the net
proceeds of such property shall belong to the ARTICLE 230. Parental authority is suspended
owner. The child shall be given a reasonable upon conviction of the parent or the person
monthly allowance in an amount not less than exercising the same of a crime which carries
that which the owner would have paid if the with it the penalty of civil interdiction. The
administrator were a stranger, unless the authority is automatically reinstated upon
owner, grants the entire proceeds to the child. service of the penalty or upon pardon or
In any case, the proceeds thus give in whole or amnesty of the offender. (330a)
in part shall not be charged to the child's
legitime. (322a) Parental authority will be suspended if the parents
or the guardian of the child is convicted of a crime
The parents who hired their unemancipated child to which carries with it the penalty of civil interdiction.
manage or administer their property must
 PERSONS AND FAMILY RELATIONS 2024
Civil interdiction is an accessory penalty imposed Article 231 of the Family Code provides for
on an accused for certain crimes which normally suspension of parental authority. The court can
involve moral turpitude. Once a person is under suspend the parental authority of parents under this
civil interdiction, he is deprived during the time of Article only if there is a case for that purpose or in a
his or her sentence of the rights of parental related case.
authority, or of guardianship over the person or
property of the ward, of marital authority, of the Thus, as a general rule, the court cannot motu
right to manage his property and of the right to proprio suspend parental authority of parents even
dispose of such property by any act or conveyance if the latter has committed the grounds enumerated
inter vivos (Art. 34, RPC). in Article 231 if there is no action filed specifically
for that purpose. By way of exception, the court
Since civil interdiction is just an accessory penalty, may, however, declare suspension of parental
the aforementioned rights suspended as a authority in a related case when warranted or may
consequence thereof is automatically restored once adopt such
the sentence is served or upon pardon or amnesty measures as it may deem necessary.
of the offender. Thus, once the offender has served
his sentence, his right of parental authority which ARTICLE 232. If the person exercising parental
was suspended is automatically reinstated without authority has subjected the child or allowed him
need of a court order. to be subjected to sexual abuse, such person
shall be permanently deprived by the court of
ARTICLE 231. The court in an action filed for such authority. (n)
the purpose in a related case may also suspend
parental authority if the parent or the person Sexual abuse committed by a parent on his/her
exercising the same: child is one of the most serious acts of moral
depravity and corruption.
1. Treats the child with excessive
harshness or cruelty; The ground of sexual abuse in Article 232 causes
permanent deprivation of parental authority. The
2. Gives the child corrupting orders, fact that the parent has already reformed and that
counsel or example; there is genuine indication that he will not do the
same act again is immaterial. It will not restore his
3. Compels the child to beg; or parental authority as the deprivation is permanent.

4. Subjects the child or allows him to be

subjected to acts of lasciviousness. ARTICLE 233. The person exercising substitute
parental authority shall have the same authority
The grounds enumerated above are deemed to over the person of the child as the parents.
include cases which have resulted from
culpable negligence of the parent or the person In no case shall the school administrator,
exercising parental authority. teacher of individual engaged in child care
exercising special parental authority inflict
If the degree of seriousness so warrants, or the corporal punishment upon the child. (n)
welfare of the child so demands, the court shall
deprive the guilty party of parental authority or Those exercising special parental authority, such
adopt such other measures as may be proper as the school administrator, teacher or individual
under the circumstances. engaged in childcare cannot inflict corporal
punishment upon the child.
The suspension or deprivation may be revoked
and the parental authority revived in a case filed Corporal punishment is the infliction of physical
for the purpose or in the same proceeding if the disciplinary measures to a student.
court finds that the cause therefor has ceased
and will not be repeated. (33a)
 PERSONS AND FAMILY RELATIONS 2024
It must be noted, however, that only those shall be the duty of the clerk of the court which
exercising special parental authority are prohibited issued the decree to ascertain whether the
from inflicting corporal punishment. same has been registered, and if this has not
been done, to send a copy of said decree to the
Parents and those exercising substitute parental civil registry of the city or municipality where
authority may inflict corporal punishment on their the court is functioning. (n)
children.
Article 410. The books making up the civil
register and all documents relating thereto shall
CIVIL REGISTER be considered public documents and shall be
prima facie evidence of the facts therein
contained. (n)
A. Correction of Entries in the Civil Register
1. Rule 108, Rules of Court The books making up the civil register and all
2. R.A. No. 9048 as amended by R.A. No. documents relating thereto are considered public
10172 documents which are open to the public during
3. R.A. No. 11909 office hours.
B. Proscription against collateral attack on a
person’s status via correction of entries in However, the birth records are strictly confidential
the civil register and the contents therein cannot be revealed except
when obtained by those persons interested therein.
Article 407. Acts, events and judicial decrees
concerning the civil status of persons shall be The records in the civil registry are considered
recorded in the civil register. (325a) prima facie evidence of the facts therein contained.

The Office of the Local Civil Registrar in every city It is not conclusive proof, however, that is why the
or municipality shall be the custodian of all records law allows the correction or cancellation of entries
pertaining to the civil status of a person. in the records of the civil registrar.

Article 408. The following shall be entered in the Article 411. Every civil registrar shall be civilly
civil register: responsible for any unauthorized alteration
made in any civil register, to any person
1. Births; suffering damage thereby. However, the civil
2. Marriages; registrar may exempt himself from such liability
3. Deaths; if he proves that he has taken every reasonable
4. Legal separations; precaution to prevent the unlawful alteration.
5. Annulments of marriage; (n)
6. Judgments declaring marriages void
from the beginning; Article 412. No entry in a civil register shall be
7. Legitimations; changed or corrected, without a judicial order.
8. Adoptions; (n)
9. Acknowledgments of natural children;
10. Naturalization; Article 413. All other matters pertaining to the
11. Loss of Citizenship. registration of civil status shall be governed by
12. Recovery of citizenship; special laws. (n)
13. Civil interdiction;
14. Judicial determination of filiation; Anyone affected by the existence of a birth
15. Voluntary emancipation of a minor; and certificate may ask for its cancellation.
16. Changes of name. (326a)
Correction of entries in the birth certificate can
Article 409. In cases of legal separation, now be done either administratively or judicially.
adoption, naturalization and other judicial
orders mentioned in the preceding article, it Administrative correction can be done by the
 PERSONS AND FAMILY RELATIONS 2024
local civil registrar only on clerical or order, fix the time and place for the hearing of
typographical errors and change of first name or the same, and cause reasonable notice thereof
nickname. to be given to the persons named in the
petition. The court shall also cause the order to
When the error is already substantial, the be published once a week for three (3)
correction must be done judicially. consecutive weeks in a newspaper of general
circulation in the province.
The proceeding must be judicial and adversarial
if the changes involve substantial or controversial Section 5. Opposition. — The civil registrar and
matters such as those which involve a person's any person having or claiming any interest
civil status, nationality or citizenship, and filiation under the entry whose cancellation or
of the offspring of parents. correction is sought may, within fifteen (15)
days from notice of the petition, or from the last
date of publication of such notice, file his
opposition thereto.
RULE 108. CANCELLATION OR
CORRECTION OF ENTRIES IN THE CIVIL
REGISTRY
R.A. NO. 9048 AS AMENDED BY R.A. NO.
10172: AN ACT AUTHORIZING THE CITY OR
MUNICIPAL CIVIL REGISTRAR OR THE
Section 1. Who may file petition. — Any person CONSUL GENERAL TO CORRECT A
interested in any act, event, order or decree CLERICAL OR TYPOGRAPHICAL ERROR IN
concerning the civil status of persons which AN ENTRY AND/OR CHANGE OF FIRST
has been recorded in the civil register, may file NAME OR NICKNAME IN THE CIVIL
a verified petition for the cancellation or REGISTER WITHOUT NEED OF A JUDICIAL
correction of any entry relating thereto, with the ORDER, AMENDING FOR THIS PURPOSE
Court of First Instance of the province where ARTICLES 376 AND 412 OF THE CIVIL CODE
the corresponding civil registry is located. OF THE PHILIPPINES

Section 2. Entries subject to cancellation or

correction. — Upon good and valid grounds, SECTION 1. Authority to Correct Clerical or
the following entries in the civil register may be Typographical Error and Change of First Name
cancelled or corrected: (a) births: (b) marriage; or Nickname. – No entry in a civil register shall
(c) deaths; (d) legal separations; (e) judgments be changed or corrected without a judicial
of annulments of marriage; (f) judgments order, except for clerical or typographical errors
declaring marriages void from the beginning; and change of first name or nickname, the day
(g) legitimations; (h) adoptions; (i) and month in the date of birth or sex of a
acknowledgments of natural children; (j) person where it is patently clear that there was
naturalization; (k) election, loss or recovery of a clerical or typographical error or mistake in
citizenship; (l) civil interdiction; (m) judicial the entry, which can be corrected or changed
determination of filiation; (n) voluntary by the concerned city or municipal civil
emancipation of a minor; and (o) changes of registrar or consul general in accordance with
name. the provisions of this Act and its implementing
rules and regulations.
Section 3. Parties. — When cancellation or
correction of an entry in the civil register is ‘Clerical or typographical error’ refers to a
sought, the civil registrar and all persons who mistake committed in the performance of
have or claim any interest which would be clerical work in writing, copying, transcribing or
affected thereby shall be made parties to the typing an entry in the civil register that is
proceeding. harmless and innocuous, such as misspelled
name or misspelled place of birth, mistake in
Section 4. Notice and publication. — Upon the the entry of day and month in the date of birth
filing of the petition, the court shall, by an or the sex of the person or the like, which is
 PERSONS AND FAMILY RELATIONS 2024
visible to the eyes or obvious to the 2. The new first name or nickname has
understanding, and can be corrected or been habitually and continuously used
changed only by reference to other existing by the petitioner and he has been
record or records: Provided, however, That no publicly known by that by that first name
correction must involve the change of or nickname in the community: or
nationality, age, or status of the petitioner.”
3. The change will avoid confusion.
Section 3. Who May File the Petition and Where.
– Any person having direct and personal SEC. 5. Form and Contents of the Petition. –
interest in the correction of a clerical or The petition for correction of a clerical or
typographical error in an entry and/or change of typographical error, or for change of first name
first name or nickname in the civil register may or nickname, as the case may be, shall be in the
file, in person, a verified petition with the local form of an affidavit, subscribed and sworn to
civil registry office of the city or municipality before any person authorized by law to
where the record being sought to be corrected administer oaths. The affidavit shall set forth
or changed is kept. facts necessary to establish the merits of the
In case the petitioner has already migrated to petition and shall show affirmatively that the
another place in the country and it would not be petitioner is competent to testify to the matters
practical for such party, in terms of stated. The petitioner shall state the particular
transportation expenses, time and effort to erroneous entry or entries, which are sought to
appear in person before the local civil registrar be corrected and/or the change sought to be
keeping the documents to be corrected or made.
changed, the petition may be filed, in person,
with the local civil registrar of the place where The petition shall be supported with the
the interested party is presently residing or following documents:
domiciled. The two (2) local civil registrars
concerned will then communicate to facilitate a) A certified true machine copy of the
the processing of the petition. certificate or of the page of the
registry book containing the entry or
Citizens of the Philippines who are presently entries sought to be corrected or
residing or domiciled in foreign countries may changed;
file their petition, in person, with the nearest
Philippine Consulates. b) At least two (2) public or private
documents showing the correct entry
The petitions filed with the city or municipal or entries upon which the correction
civil registrar or the consul general shall be or change shall be based; and
processed in accordance with this Act and its
implementing rules and regulations. c) Other documents which the petitioner
or the city or municipal civil registrar
All petitions for the clerical or typographical or the consul general may consider
errors and/or change of first names or relevant and necessary for the
nicknames may be availed of only once. approval of the petition.

Section 4. Grounds for Change of First Name or No petition for correction of erroneous entry
Nickname. – The petition for change of first concerning the date of birth or the sex of a
name or nickname may be allowed in any of the person shall be entertained except if the
following cases: petition is accompanied by earliest school
record or earliest school documents such as,
1. The petitioner finds the first name or but not limited to, medical records, baptismal
nickname to be ridiculous, tainted with certificate and other documents issued by
dishonor or extremely difficult to write or religious authorities; nor shall any entry
pronounce. involving change of gender corrected except if
the petition is accompanied by a certification
 PERSONS AND FAMILY RELATIONS 2024
issued by an accredited government physician units, private companies, private and public
attesting to the fact that the petitioner has not educational institutions, and other
undergone sex change or sex transplant. The nongovernment entities are prohibited from
petition for change of first name or nickname, requiring the submission of another or newer
or for correction of erroneous entry concerning copies of certificates of live birth, death, or
the day and month in the date of birth or the sex marriage, and reports of birth, death, or
of a person, as the case may be, shall be marriage when a valid certificate can already be
published at least once a week for two (2) presented.
consecutive weeks in a newspaper of general
circulation.
PROSCRIPTION AGAINST COLLATERAL
ATTACK ON A PERSON’S STATUS VIA
Furthermore, the petitioner shall submit a
CORRECTION OF ENTRIES IN THE CIVIL
certification from the appropriate law
REGISTER
enforcements, agencies that he has no pending
case or no criminal record.
The petition and its supporting papers shall be The legitimacy and filiation of children cannot be
filed in three (3) copies to be distributed as collaterally attacked in a petition for correction of
follows: first copy to the concerned city or entries in the certificate of live birth.
municipal civil registrar, or the consul general;
second copy to the Office of the Civil Registrar A petition for correction whose commanding intent
General; and third copy to the petitioner.” is to impugn a child's filiation with a parent identified
in birth records—and not merely to harmonize
those records with self-evident facts—will be
R.A. 11909: PERMANENT VALIDITY OF THE
disallowed for being such a collateral attack.
CERTIFICATES OF LIVE BIRTH, DEATH, AND
MARRIAGE ACT
Braza v. The City Civil Registrar of Himamaylan
City, Negros Occidental emphasized that legitimacy
The certificates of live birth, death, and and filiation can be questioned only in a direct
marriage issued, signed, certified, or action seasonably filed by the proper party, and not
authenticated by the PSA and its predecessor, through collateral attack.
the NSO, and the local civil registries shall have
permanent validity regardless of the date of Moreover, impugning the legitimacy of a child is
issuance and shall be recognized and accepted governed by Article 171 of the Family Code, not
in all government or private transactions or Rule 108 of the Rules of Court. A collateral attack
services requiring submission thereof, as proof to impugn filiation cannot be allowed in a Rule 108
of identity and legal status of a person: proceeding (Lee v. Lee, 2022).

National government agencies and

instrumentalities, government-owned and -
controlled corporations, local government