Philippines as our penal statutes are territorial

in nature.
LEGAL SEPARATION (Art. 55)
8. Sexual infidelity or perversion;
A legal separation involves nothing more than bed-
and-board separation of the spouses. NOTE: What the law prohibits is a judgment
based exclusively on the defendant's
A decree of legal separation or relative divorce does confession.
not affect the marital status, there being no severance
of the vinculum. 9. Attempt by the respondent against the life of
the petitioner; or
Grounds: 10. Abandonment of petitioner by respondent
without justifiable cause for more than one
1. Repeated physical violence or grossly abusive year.
conduct directed against the petitioner, a
common child, or a child of the petitioner; NOTE: Abandonment implies total
2. Physical violence or moral pressure to compel renunciation of duties. Physical separation
the petitioner to change religious or political alone is not the full meaning of the term
affiliation; abandonment.
3. Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the The enumeration in Article 55 regarding legal
petitioner, to engage in prostitution, or separation is exclusive.
connivance in such corruption or inducement;
Defenses or Grounds for Denial of Petition (Art.
4. Final judgment sentencing the respondent to
imprisonment of more than six years, even if 56)
pardoned;
1. Condonation of the offense or act complained
These requisites must concur: of;

a. The sentence imposed is Condonation - It is the act of forgiving the

imprisonment of more than 6 years; offense after its commission. It implies a
and condition of future good behavior by the
b. The conviction occurs only After the offending spouse. Subsequent offense on the
celebration of the marriage. offending spouse’s par revokes or nullifies the
condonation and revives the original offense.
NOTE: If the respondent is convicted prior to
the celebration of the marriage, it will already Failure of the husband to look for his
be a ground for annulment if the crime adulterous wife does not amount to condoning
involves moral turpitude and that fact of his wife’s adultery. (Ocampo vs. Florenciano)
conviction is not disclosed to the other party.
2. Consent to commission of offense or act
5. Drug addiction or habitual alcoholism of the complained of;
respondent;
Consent - There is consent when either of the
NOTE: If the same was present during the spouses agreed to or did not object, despite
celebration of the marriage but the same is full knowledge, to the act giving rise to a
concealed from the other party, there is fraud ground for legal separation, before such act
which constitutes a ground for annulment. was in fact committed.

6. Lesbianism or homosexuality of the Consent is prior to the act; Condonation

respondent; comes after.
7. Contracting by the respondent of a
subsequent bigamous marriage, whether in NOTE: Where the spouses entered into an
the Philippines or abroad; agreement that each could live with and have
carnal knowledge with other persons without
NOTE: If the bigamous marriage were interference from each spouse, the agreement
committed abroad, the guilty party cannot be is null and void being contrary to law and good
criminally prosecuted for bigamy in the morals, but it may be considered consent
which bars an action for legal separation.
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 3. Connivance between the parties in the the wife, or a third person to manage the
commission of the offense or act constituting ACP / CPG. (Art. 61)
the ground for legal separation;
EFFECTS OF DECREE OF LEGAL SEPARATION
Connivance or procurement - denotes
direction, influence, personal exertion, or 1. The spouses shall be entitled to live
other action with knowledge and belief that separately from each other, but the marriage
such action would produce certain results bonds shall not be severed;
and which results are produced. 2. The absolute community or the conjugal
partnership shall be dissolved and liquidated
4. Both parties have given ground for legal but the offending spouse shall have no right to
separation; any share of the net profits earned by the
5. Collusion between parties; absolute community or the conjugal
partnership, which shall be forfeited in
Collusion - The spouses agree to make it accordance with the provisions of Article
appear in court that one of them has 43(2);
committed a ground for legal separation, or 3. The custody of the minor children shall be
suppress evidence of a valid defense to such awarded to the innocent spouse, subject to
action, for the purpose of enabling the other to the provisions of Article 213 of this Code; and
obtain a decree of legal separation. 4. The offending spouse shall be disqualified
from inheriting from the innocent spouse by
6. Prescription (Art. 57) intestate succession. Moreover, provisions in
➢ Five-year prescriptive period favor of the offending spouse made in the will
➢ An action for legal separation shall be of the innocent spouse shall be revoked by
filed within 5 years from the time of operation of law.
occurrence of the cause. 5. The innocent spouse may revoke the
7. Death of either party during the pendency of donations made by him or by her in favor of
the case; and the offending spouse. (Art. 64)
8. Reconciliation of the spouses during the
pendency of the case. NOTE: The action for revocation must be
brought within 5 years from the time the
decree of legal separation has become final.
Cooling-Off Period (Art. 58) 6. The innocent spouses may revoke the
designation of the latter as a beneficiary in
A 6-month period is designed to give the parties any insurance policy, even if such designation
enough time to further contemplate their positions be stipulated as irrevocable. (Art. 64)
with the end in view of attaining reconciliation 7. The obligation of mutal support between the
between them. spouses ceases. (Art. 198)
NOTE: It can be dispensed with if the ground for legal RECONCILATION OF LEGALL SEPARATED
separation involves VAWC under R.A. 9262.
SPOUSES (Art. 65)
However, the court must still provide for the support of
If the spouses should reconcile, the corresponding
the spouses and the children as well as the custody of
joint manifestation under oath duly signed by them
the children.
shall be filed with the court in the same proceeding for
A writ of preliminary mandatory injunction for the legal separation.
return of the wife’s paraphernal property can in the
EFFECTS OF RECONCILATION OF THE SPOUSES
meantime be heard and granted during the 6-month
period. (Art. 66)

EFFECTS OF FILING PETITION FOR LEGAL 1. The legal separation proceedings, if still
pending, shall thereby be terminated at
SEPARATION
whatever stage; and
1. The spouses shall be entitled to live 2. The final decree of legal separation shall be
separately from each other; set aside, but the separation of property and
2. In the absence of an agreement between the any forfeiture of the share of the guilty spouse
parties, the court shall designate the husband, already effected shall subsist, unless the

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 spouses agree to revive their former property
regime.

REVIVAL OF PROPERTY REGIME (Art. 67)

Agreement of revival and motion for its approval shall

be filed in court in the same proceeding for legal
separation and shall be executed under oath, where it
shall specify:

1. Properties to be contributed anew to restored

regime;
2. Those to be retained as separated properties
of each spouse; and
3. Names of all known creditors, and amounts
owing to each.

After due hearing, the court shall, in its order, take

measure to protect the interest of creditors and such
order shall be recorded in the proper registries of
properties.

EFFECT OF DEATH OF ONE OF THE PARTIES

Death of one party to the action causes the death of

the acion itself – actio pesonalies moritur cum
persona. When one of the spouses is dead, there is
no need for divorce because the marriage is
dissolved.

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 Termination (Art. 41) Declaration of Nullity (Art. Annulment (Art. 45) Legal Separation (Art. 55)
40)

Donation 1. Shall remain valid 1. Shall remain valid 1. Shall remain valid, 1. Donor is given option to
Propter unlelss donee unlelss donee unless donee revoke; if donor decides to
Nuptias contracted marriage in contracted marriage contracted marriage in revoke, must do so within 5
bad faith, in which in bad faith, in which bad faith, donation is years from finality of decree.
case donation is case donation is revoked by operation of
revoked by operation revoked by operation law.
of law. of law. 2. No conflict with Art. 86
2. If both spouses of 2. If both spouses of (2) as such does not
subsequent marriage subsequent marriage require that marriage
acted in bad faith, acted in bad faith, be annulled first before
donations propter donations propter donor may revoke
nuptias made by one nuptias made by one donation – donor has 5
in favor of the other in favor of the other years from time he had
are revoked by are revoked by knowledge of lack of
operation of law. (Art. operation of law. consent; cannot revoke
44) (Art. 44) if there was knowledge
3. If both spouses are before the marriage.
in good faith, the 3. Conflict with Art. 86 (3)
donor after finality of but Art. 43 (3)
decree may revoke PREVAILS.
pursuant to Art. 86
(1).

Property 1. ACP / CPG shall be 1. ACP / CPG shall be 1. ACP / CPG shall be 1. ACP / CPG shall be
Relations dissolved & liquidated; dissolved & dissolved & liquidated; dissolved & liquidated;
2. If either spouse liquidated; 2. If either spouse 2. Offending spouses has no
contracted marriage in 2. If either spouse contracted marriage in right to any share of net
bad faith, he or she contracted marriage bad faith, he or she has profits earned by ACP /
has no right to any in bad faith, he or no right to any share of CPG; and
share of the net profits she has no right to the net profits earned 3. Net profits shall be forfeited
earned by ACP / any share of the net by ACP / CPG; and in favor of common children,
CPG; and profits earned by 3. Net profits shall be or if none, children of a
3. Net profits shall be ACP / CPG; and forfeited in favor of guilty spouse by previous
forfeited in favor of 3. Net profits shall be common children, or if marriage, or in default
common children, or if forfeited in favor of none, children of a thereof, the innocent
none, children of a common children, or guilty spouse by spouse.
guilty spouse by if none, children of a previous marriage, or in
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 previous marriage, or guilty spouse by default thereof, the
in default thereof, the previous marriage, or innocent spouse.
innocent spouse. in default thereof, the
innocent spouse.

In all other cases of void

marriage, Art. 147 & 148
applies.

In addition, for marriages

under Art. 40 and 45:
1. All creditors of
spouses and of the
ACP / CPG shall be
notified of the
proceedings for
liquidation;
2. Conjugal dwelling
and lot on which it is
situated shall be
adjudicated pursuant
to Art. 102 & 129.

Sucession Spouse in bad faith disqualified to inherit from innocent spouse by testate or intestate Offending spouse disqualified from
succession. If both spouses of subsequent marriage acted in bad faith, testamentary inheriting from innocent spouse by
dispositions made by one in favor of the other are revoked by operation of law. (Art. 43) intestate succession. Provisions in
favor of offending spouse made in
the will of innocent spouse are
revoked by operation of law. (Art.
63 (4))

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 separate property of the spouse who has not obtained
consent.
RIGHTS AND OBLIGATIONS BETWEEN 1. Benefit accrued to family before objection to
THE HUSBAND AND THE WIFE (Arts. 68 an immoral or unlawful profession;
- 73) - The resulting obligation shall be
enforced against the community
property.
Rights and Obligations between Husband and
2. Benefit accrued after objection;
Wife
- Such obligation shall be enforced
1. Duty to Live together; against the separate property of the
2. Duty to Observe mutual love, respect and spouse who has not obtained consent.
fidelity; 3. Creditors who acted in good faith are
3. Duty to Render mutual help & support; protected.
4. Duty to fix the Family Domicile; - If a spouse transacted with a creditor
without the consent of the other but
Rule in fixing the family domicile (Art. 69): the creditor had no knowledge, the
ACP / CPG shall be liable.
a. Both husband and wife shall fix the
family domicile. In case of PROPERTY RELATIONS BETWEEN THE
disagreement, the court shall decide.
b. The court may exempt one spouse
HUSBAND AND THE WIFE (Arts. 74 - 87)
from living with the other if the latter
should live abroad or there are other GOVERNED BY (Art. 74):
valid and compelling reasons for the
exemption. However, such exemption 1. Marriage settlements executed before the
shall not apply if the same is not marriage or ante nuptial agreements;
compatible with the solidarity of the 2. Provisions of the Family Code; and
family. 3. Local customs when spouses repudiate ACP;
5. Joint responsibility for the support of the and
family; and
6. Expenses shall be paid from the community NOTE: Applies when parties stipulate in their
property (Art. 70); marriage settlements that local custom shall
a. In the absence, from income or fruits apply or that ACP regime shall not govern but
of their separate properties; fail to stipulate what property regime will be
b. In the absence of insufficiency, from applied.
their separate properties.
7. Joint management of the household (Art. 70). 4. Rules on co-ownership will apply in the
absence of local customs.
EXERCISE OF PROFESSION
COMMENCEMENT
GR: Either spouse may exercise any legitimate
It commences at the precise moment of the
profession, occupation, business or activity without
celebration of the marriage. Any stipulation to hte
the consent of the other.
contrary shall be void. (Art. 88 for ACP & Art. 107 for
XPN: The latter may object only on valid, serious, and CPG)
moral grounds.
MARRIAGE SETTLEMENT
RULE IN CASE OF DISAGREEMENT
It is a contract entered into by the future spouses
In case of disagreement, the court shall decide fixing the property regime that will govern their
whether or not: present and future properties during their marriage.

(1) The objection is proper; and (2) Benefit has In the absence of a marriage settlement or when the
occurred to the family prior to the objection or regime agreed upon is void, ACP shall govern. (Art.
thereafter. If the benefit accrued prior to the objection, 75)
the resulting obligation shall be enforced against the
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REQUISITES: 1. In case of revival of former property regime
between reconciling spouses after decree of
1. Made before celebration of marriage (Art. 76); legal separation has been issued (Arts. 66 &
2. In writing (even modifications) (Art. 77); 67);
3. Signed by the parties (Art. 77); 2. When abandoned spouse files petition for
4. Will not prejudice third persons unless judicial separation of property under Art. 128;
registered in the civil registry and property 3. When a spouse file petition for judicial
registries of property; separation of property under Art. 135 of the
5. Shall fix terms & conditions of their property Civil Code; and
relations; 4. Petition for voluntary dissolution of property
6. Must not contain provisions contrary to law, regime under Art. 136 of the Civil Code.
good morals, good customs, public order, and
public policy, or against the dignity of either
spouse; and
7. Additional signatories/parties in case of civil
interdiction or other disability where it is
DONATION BY REASON OF MARRIAGE
indispensable for the guardian appointed by (Donations Propter Nuptias)
court to be made a party to the marriage
settlement. (Art. 79) Art. 82. Donations by reason of marriage are those
which are made before its celebration, in
EFFICACY OF MARRIAGE SETTLEMENTS consideration of the same, and in favor of one or both
of the future spouses.
1. The consideration is the marriage itself. If the
marriage does not take place, the marriage It is without onerous consideration, the marriage
settlement is generally void. being merely the occasion or motive for the donation,
not its causa. Being liberalities, they remain subject to
XPN: Stipulations in the marriage settlement reduction for inofficiousness upon the donor’s death,
that do not depend upon the celebration shall should they infringe the legitime of a forced heir.
be valid. (Art. 81)
NOTE: Donations propter nuptias can be
2. In the absence of contrary stipulation in a contained in a marriage settlement.
marriage settlement, the property relations
shall be governed by Philippine laws, Requisites (Art. 82):
regardless of the placfe of the celebration of
the marriage or the parties’ residence. 1. In consideration of marriage;
2. In favor of one or both of the future spouses;
XPNs (Art. 80): and
3. Made before celebration of marriage.
a. If both spouses are aliens, even if
married in the Philippines; NOTE: If one of the requisites is not complied
b. As to extrinsic validity of contracts with, it may still be valid as an ordinary
affecting property: donation (provided that all other essential
i. Not situated in the Philippines requisites are complied with).
and executed in the country
where the property is located; Requisites of a valid donation by the would-be
and spouses to each other in the marriage
ii. Situated in a foreign country settlements:
whose laws require different
formalities for extrinsic validity 1. There must be a valid marriage settlement
entered into in the Philippines. stipulating a property regime other than ACP.

MODIFICATION IN MARRIAGE SETTLEMENTS REASON: A donation propter nuptias would

be useless if the property regime is ACP,
GR: It must be made before the marriage, in writing, where spouses become co-owners with
signed by the parties. exception to matters under Art. 92 and
those stipulated in the marriage
XPNs: Modifications made through judicial decree settlement.
during the marriage:

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 2. GR: Donation in Marriage settlement nor NOTE: The degree of being
more than ⅕ of present property. moderate depends upon the
financial capacity or condition
NOTE: Any excess shall be considered void of the spouses.
& the donation will be reduced to ⅕.
b. Donations mortis causa
3. Accepted by would-be spouse; and
NOTE: This rule also applies
NOTE: Donee must accept the donation to persons living together as
personally, or through an authorized husband and wife without a
representative with special for the purpose, or valid marriage. (Art. 87)
with a general or sufficient power; otherwise,
the donation shall be void. REASON:

4. Complies with requisites in Title II of Book II of ➢ To protect secured

Civil Code on Donations. creditors;
➢ To prevent the weaker
DONATION PROPTER NUPTIAS OF spouse from being
ENCUMBERED PROPERTY (Art. 85) influenced by the
stronger spouse;
The donation is valid because the donor is still the ➢ To prevent an indirect
owner, even if it is encumbered. If the mortgage is violation of the rule
foreclosed and sold at a lesser price, donee is not prohibiting
liable for deficiency but if sold for more, donee is modifications of the
entitled to excess. marriage settlement
during the existence of
VOID DONATIONS BETWEEN SPOUSES the marriage.

1. Before marriage GROUNDS FOR REVOCATION OF DONATION

- If the future spouses agree upon a PROPTER NUPTIAS (Art. 86)
regime other than ACP, they cannot
donate to each other in their marriage 1. Marriage not celebrated or judicially declared
settlements more than ⅕ of their void ab initio except donations made in the
property. Any excess shall be void. marriage settlements, which shall be
(Art. 84) governed by Article 81;
- XPN: If the donation propter nuptias is 2. When the marriage takes place without the
contained in a separate deed, the “not consent of the parents or guardian, as
more than ⅕” limitation will not apply. required by law;
The general rules on donation under 3. When the marriage is annulled, and the donee
Article 750 of the Civil Code shall acted in bad faith;
govern. 4. Upon legal separation, the donee being the
2. During marriage guilty spouse;
- Every donation or grant of gratuitous 5. If it is with a resolutory condition and the
advantage, direct or indirect, between condition is complied with;
the spouses, shall be void. 6. When the donee has committed an act of
- XPNs: ingratitude as sp
a. Moderate gifts on occasions of
family celebrations
7. ecified by the provisions of the Civil Code on
donations in general.

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 Winnings: Shall form part of the ACP.

XPN: If said ticker was given to a spouse by a friend,

SYSTEMS OF PROPERTY REGIME (Arts. it shall be considered as a donation under Art. 92 (1).
88 - 148) The winnings will not be part of the ACP, unless
expressly provided by the donor of the ticket (Arts. 92
(1) & 95).

NOTE: The same applies to CPG. (Art. 123)

ABSOLUTE COMMUNITY PROPERTY
(ACP) CONJUGAL PARTNERSHIP OF GAINS
(CPG)
The property regime of the spouses in the absence of
a marriage settlement or when the marriage
settlement is void. The husband and wife place in a common fund the
proceeds, products, fruits and income from their
It commences at the precise moment the marriage is separate properties and those acquired by either or
celebrated; any astipluation for the commencement of both spouses through their efforts or by chance, and,
any other time is void. (Art. 88) The same applies to upon dissolution of the marriage or of the partnership,
CPG. (Art. 107) the net gains or benefits obtained by either or both
spouses shall be divided equally between them,
GR: Community property shall consist of all property unless otherwise agreed in the marriage settlements
owned by the spouses at the time of the marriage or (Art. 106).
acquired.
Should the spouses agree upon the CPG, its
XPNs: application shall commence at the precise moment
when the marriage ceremony is celebrated. What is
a. Property, including fruits and income acquired considered is the hour, and not the date of the
before the marriage by either spouse who has marriage.
legitimate descendants by a former marriage;
b. Property for personal and exclusive use The CPG shall be governed by the rules on
except jewelry; the contract of partnership in all that is not
c. Property acquired during the marriage by in conflict with what is provided in the
gratuitous title, including fruits & income, cahapther on CPG or by the spouses in their
except when the donor, testator or grantor marriage settlement (Art. 108).
expressly provides otherwise (Art. 92); and
d. Propert otherwise classified as separate in the Presumption in favor of CPG
marriage settlements (Art. 91).
All property acquired during the marriage, whether the
Presumption: Property acquired during the marriage acquisition appears to have been made, contracted or
is presumed to belong to the community, unless registered in the name of one or both spouses, is
otherwise proven. (Art. 93) presumed to be conjugal unless the contrary is
proved. (Art. 116)
NOTE: No waiver of rights is allowed during the
marriage except in case of judicial separation of Proof of Acquisition during the marriage
property. The waiver must be in a public instrument
and recorded in the office of the LCR where the Proof of acquisition during the coverture is a condition
marriage contract was recorded as well as in the sine qua non for the operation of the presumption in
proper registry of property. (Arts. 77 & 89). The same favor of CPG. The party who asserts this presumption
applies to CPG (Art. 107). must first prove said time element. The presumption
does not operate when there is no showing as to
NOTE: Alien Married to a Filipino Spouse cannot when the property alleged to be conjugal was
have an interest in land acquired during the marriage. acquired. If there is no showing as to when the
property in question was acquired, the fact that the
Rule on Games of Chance title is in the name of the wife alone is determinative
of its nature as parephernal, i.e., belonging
Loss: Shall be borne by the loser-spouses and shall exclusively to said spouse.
not be charged to ACP.
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Although it is not necessary to prove that the property a. That which is acquired by right of redemption,
was acquired with funds of the partnership, proof of by barter or by exchange with property
acquisition during the marriage is an essential belonging to only one of the spouses;
condition for the operation of the presumption in favor b. That which is purchased with exclusive money
of the CPG. of the wife or of the husband; and
c. Principal amount of credit belonging to one
The presumption that property acquired during spouse payable in partial
marriage is conjugal does NOT apply where there is payments/installments, which will be fully paid
no showing as to when the property alleged to be during the marriage (Art. 119).
conjugal was acquired. The presumption cannot
prevail when the title is in the name of only one Use of Exclusive Properties
spouse and the rights of innocent third parites are
involved. a. Payment of Personal debts;
b. Fines and Indemnities;
Disposition of CPG c. Support of illegitimate children of the owner-
spouse; and
A wife’s consent to the husband’s disposition of CPG d. In case of insuffienciency of the CPG.
does not always have to be explicit or set forth in any
particular document, so long as it is shown by the acts Dominion over Exclusive Properties
of the wife that such consent was indeed given.
The spouses retain the ownership, possession,
The absence of the consent of one spouse to a sale administration and enjoyment of their exclusive
renders the entire sale null and void, including the properties. (Art. 110)
portion of the CPG pertaining to the spouse who
contracted the sale. Property Bought on Installment
Property donated/left by will to spouses, jointly with Property bought on installments paid partly from
designation of determinate shares, shall pertain to exclusive funds of either or both the spouses and
donee-spouse as his/her exclusive property; in the partly from conjugal funds:
absence of designation property shall be divided
between them but shall belong to them exclusively a. If full ownership was vested before the
(Art. 113). marriage
- It shall belong to the buyer-spouse;
Non-acceptance vs. Accretion b. If full ownership was vested during the
marriage
If spouse does not accept his/her part of the donation, - It shall belong to CPG.
accretion sets in favor of the other spouse who will
own all of property donated as separate property (Art. NOTE: There is reimbursement upon liquidation. In
113). (1) owner-spouse reimburses the CP; and (2) CPG
shall reimburse the buyer-spouse (Art. 118).
NOTE: Accretion will not apply if donor so provides or
if donation is not joined as when the wife was given a Improvement of Exclusive Property using CPG
house and the husband was given a car. Funds or Reverse Accession

Onerous Donations (Art. 114) If the cost of the improvement and any resulting
increase in value are more than the value of the
If donation is onerous, charges shall be borne by principal property at the time of the improvement, the
exclusive property of donee-spouse, whenever entire property shall belong to CPG subject to
advanced by the CPG. reimbursement of the value of the principal property at
the time of the improvement to the owner-spouse.
Pensions and Annuities (Art. 115) (Art. 120 (2))

Retirement benefits, pensions, annuities, gratuities,

usufructs and similar benefits acquired by gratuitous
are exclusive properties; if by onerous title during
marriage (i.e. contributions to pension funds or
deduction from salaries of common funds), they are
CP.

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Accession Taxes and Expenses for Taxes and Expenses for
mere preservation mere preservation
If the cost of the improvement and plus value is equal during marriage upon during marriage upon
to or is less than the value of the principal property at separate property of separate property of
the time of the improvement, the entire property either spouse used by either spouse,
remains the exclusive property of the spouse, subject the family. regardless of whether or
to reimbursement of the cost of improvement (e.g. the not used by family
CP built a 10M peso house in a 15M land and as a because use and
result the value of the property went up to P25M). enjoyment of separate
property of the spouses
The obligation to reimburse rests on the spouse upon
belong to the
whom ownership of the entire property is vested, but
partnership.
there is no obligation on the part of the purchases of
the property in case the property is sold by the owner- Expenses to enable either spouse to
spouse (Ferrer vs. Ferrer). commence/complete a professional, vocational or
other activity for self-improvement.

Value donated/promised by both spouses in favor

ACP (Art. 94) CPG (Art. 121) of common legitimate children for exclusive purpose
of commencing or completing professional or
Support of the spouses, their common children, and vocational course or other activity for self-
legitimate children of either spouse by a previous improvement.
marriage.
Expenses of litigation between spouses unless suit
For illegitimate children, For illegitimate children, found to be groundless.
support from separate support from separate
property of the person property of person 1. Ante-Nuptial For Ante-Nuptial debts,
obliged to give support. obliged to give support. Debts same as ACP but in
In case of insufficiency In case of insufficiency chargeable to case of insufficiency of
or absence of separate or absence of separate ACP if separate property,
property, ACP shall property, CP shall redounded to obligations enumerated
advance support, advance support, benefit of family; in Art. 121 must first be
chargeable to share of chargeable to share of 2. Personal debts satisfied before such
parent upon liquidation. parent upon liquidation, not redounding debts may be
but only after obligations to benefit of chargeable to the CP.
in Art. 121 have been family such as
covered. liabilities
incurred by
Debts and Obligations Contracted during the reason of crime
Marriage or quasi-delict,
1. By the administrator spouse designated in chargeable to
MS / appointed by court / one assuming separate
sole administration; property of
2. By one without the consent of the other; debtor spouse;
3. By one with the consent of other; and 3. In case of
4. By both spouses. insufficiency of
separate
For (1) and (2), the creditor has the burden of property,
proving benefit to the family and ACP/CPG chargeable to
chargeable to extent of benefit proven, otherwise, ACP but
chargeable to separate property of the obligor considered
spouse. advances but
considered
For (3) and (4), benefit to family presumed. advances
deductible from
All taxes, liens, charges and expenses upon the share of debtor-
community or conjugal property. spouse upon
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 liquidation.
Spouses are Joint Administrators
NOTE: The spouses shall be solidarily liable with their
separate properties from the obligations if the The husband and wife are the joint administrators of
community or conjugal properties are insufficient. their properties forming part of the ACP & CPG. The
right vested upon them to ½ of the conjugal assets
Benefits that might accrue to a husband in his signing does not vest until the dissolution and liquidation of
a surety or guarantee agreement not in favor of the the CPG. The sale by the husband of property
family, but in favor of his employer corporation, are belonging to the CP or AC without the consent of the
NOT benefits that can be considered as giving a wife or authority of the court is void.
direct advantage accruing to the family. Hence, the
creditors cannot go against the conjugal partnership Continuing offer
property in satisfying the obligation subject of the
surety agreement. A contrary view would put in peril The transaction, however, shall be construed as a
the conjugal partnership property by allowing it to be continuing offer on the part of the consenting offer on
given gratuitously similar to cases of donation of the part of the consenting spouse and the third
conjugal partnership property, which is prohibited. person, until acceptance by the other spouse or
authorization by the court before the offer is
The conjugal partnership is not liable for an indemnity withdrawn by either or both offerors.
agreement entered into by the husband to
accommodate a third party. Prohibition on Donation [ACP: Art. 98; CPG: Art.
125]

Neither spouse may donate any community property

PROVISIONS COMMON TO without the consent of he other but either may,
without the other’s consent, make moderate
ACP & CPG donations for chariy or on occassions of family
rejoicing or family distress.
a. Administration of Property [ACP: Arts. 96 -
98; CPG: Arts. 124 - 125] The prohibition also applies to partes living together
as husband and wife without valid marriage.
GR: Administration shall belong to both
spouses jointly. XPN: In ACP, either spouse may dispose by will of his
or her interest in the ACP.
XPNs:
b. Remedies of Present Spouse in Case of
➢ In case of disagreement, husband’s Abandonment by the Other Spouse or
decision shall prevail, subject to Failure to Comply with Obligations to the
recourse to the court by the wife for Family [ACP: Art. 101 (1); CPG: Art. 128 (1)]
proper remedy within 5 years from ➢ Receivership;
date of contract implementing such ➢ Judicial separation of property; and
decision; ➢ Authority to be the sole administrator
➢ In case one spouse is incapacitated or of the community or conjugal property.
unable to participate in the
administration of the common Presumption of Abandonment
properties, the other spouse may
assume sole powers of administration. A spouse is deemed to have abandoned the other
when he or she has left the conjugal dwelling without
These powers do not include: (1) any intention of returning. Three (3) months
disposition; and (2) encumbrance. disappearance or failure to give within the same
period any information as to spouse’s wherabouts
Written consent of another spouse or
prima facie raises a presumption that the absent
authority of the court is required;
spouse has no intention of returning.
otherwise disposition or encumbrance
is void.

c. Grounds for Dissolution [ACP: Arts. 99-

101; CPG: Arts. 126-128]
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 ➢ When there is a decree of legal Reason: Separate property is included
separation; because if the community is not
➢ When the marriage is annulled or enough, the spouses are liable
declared void; solidarily with their separate property.
➢ Upon the death of either spouse;
➢ In case of Judicial separation of Receivable from each spouse should
property during the marriage under also include receivable from each
Articles 134 to 138. spouse for:
➢ Upon the filing of an affidavit of
reappearance of the absent spouse. 1) Amounts advance for personal
debts of each spouse;
Liquidation after affidavit of reapperance 2) Support of illegitimate children
of either spouse; and
Another instance when an ACP / CPG is dissolved is 3) For CPG, include the value of
when a reappearing spouse or an interested person improvements constructed on
under Art. 41 fails an affidavit of appearances to separate property.
terminate the subsequent marriage of the present ➢ Payment of ACP/CPG debts;
spouse contracted with another person. According to
Art. 43, the termination of subsequent marriage shall Must first pay out of the ACP / CPG
result in the dissolution of of the ACP / CPG of such property, if insufficient, spouses are
subsequent marriage. solidarily liable with separate
properties.
Separation in Fact or De Facto Separation [ACP:
➢ For CPG, must first reimburse spouse
Art. 100 & CP: Art. 127]
for separate property acquired by CP
due to improvements thereon using
The separation in fact between husband and wife
CPG funds;
shall not affect the regime of ACP/CPG except:
➢ For CPG, unless owner is indemnified
➢ The spouse who leaves the conjugal from whatever source, payment for the
home or refuses to live, without just loss or deterioration of of movables
cause, shall not have the right to be belonging to either spouse that was
supported; used for the benefit of the family shall
➢ When the consent of one spouse to be made even if due to fortuitous
any transaction of the other is required event;
by law, judicial authorization shall be ➢ Division of net assets (for ACP) or net
obtained in a summary proceeding; profits (CPG) which are NOT subject
and to forfeiture;
➢ In the absence of sufficient community ➢ Delivery of presumptive legigtime, if
property, the separate property of both any, to the children;
spouses shall be solidarily liable for ➢ Adjudication of conjugal dwelling and
the support of the family. The spouse lot.
present shall, upon popper petition in
asummary proceeding, be given
judicial authority to administer or
e. Termination caused by death of either
encumber any specific separate
spouse [ACP: Art. 103; CPG: Art. 130]
property of the other spouse and use
➢ ACP & CPG shall be liquidated in a
the fruits or proceeds to satisfy the
proceeding for settlement of estate of
latter’s share. (Art. 100, FC)
the deceased spouse;
➢ If no judicial settlement proceeding is
instituted, the ACP or CPG shall be,
judicially or extra-judicially, liquidated
by the surviving spouse within 1 year
from the death of the deceased
spouse.
d. Steps in Liquidation of ACP & CPG [ACP:
Art. 102; CPG: Art. 129] If there are debts to be paid, the
➢ Inventory of ACP/CPG properties and surviving spouse file a proceeding for
exclusive property of each spouse; the settlement of estate;
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 ➢ If the 1-year period has already lapsed funds;
and no liquidation was made, any
disposition or encumbrance of the NOTE:
ACP/CPG shall be void; Although the
➢ If the surviving spouse contract a property
subsequent marriage without appears as
liquidating the ACP/CPG, mandatory registered in
regime of complete separation of the name of
property shall govern the property the husband, if
it was acquired
relations of the subsequent marriage. for a valuable
consideration
Rule of Marriage Prior to the Family Code [ACP: during the
Art. 104; CPG: Art. 131] marriage, it
bears the
Whenever the liquidation of the community properties character of
of two or more marriages contracted by the same conjugal
person before the effectivity of this Code is carried out property where
the acquisition
simultaneously, the respective capital, fruits and
is made for the
income of each community shall be determined upon partnership, or
such proof as may be considered according to the for one of the
rules of evidence. In case of doubt as to which spouses only.
community the existing properties belong, the same
shall be divided between the different communities in e. Fruits of the conjugal
proportion to the capital and duration of each. property during the
marriage;
f. Acquired through
ACP CPG Occupation such as
fishing or hunting;
As to Inclusion in the Property Regime g. Net fruits of their
exclusive property;
ART. 91 - Unless otherwise ART. 116 - All property acquired h. Share of either spouse
provided in this Chapter or during the marriage, whether in hidden treasure;
in the marriage settlements, the acquisition appears to have i. Property bought on
the community property been made, contracted or installments paid partly
shall consist of all the registered in the name of one or from exclusive funds of
property owned by the both spouses, is presumed to either or both spouses
spouses at the time of the be conjugal unless the contrary and partly from
celebration of the marriage is proved. conjugal funds belongs
or acquired thereafter. to the buyer or buyers if
full ownership was
ART. 93 - Property acquired ART. 117 - Properties under vested before the
during the marriage is CPG marriage and to the
presumed to belong to the conjugal partnership if
community, unless it is a. Obtained from labor, such ownership was
proved that it is one of industry, work, or vested during the
those excluded therefrom. profession of either or marriage. In either
both spouses; case, any amount
b. Livestock existing upon advanced by the
dissolution of partnership or by either
partnership in excess or both spouses shall
of number of each kind be reimbursed by the
brought to the marriage owner or owners upon
by either spouse; liquidation of the
c. Acquired by chance partnership (Art. 118).
such as winnings from j. Interest falling due
gambling, but losses during the marriage on
shall be borne the principal amount of
exclusively by loser- credit belonging to one
spouse; spouse which is
d. Acquired during the payable in partial
marriage by onerous payments/installments
title with conjugal and collected during
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 the marriage (Art. 119). properties in of property or for the
accordance with value of his or her
the provisions of exclusive property, the
As to Exclusive Property of the Spouses the second ownership of which has
paragraph of Article been vested by law in
ART. 92 ART. 109 94. the conjugal
(1) Property acquired (1) That which is brough to (3) Whatever remains partnership.
during the marriage the marriage as his or of the exclusive (4) The debts and
by gratuitous title her own; properties of the obligations of the
by either spouse, (2) That which each spouses shall conjugal partnership
and the fruits as acquires during the thereafter be shall be paid out of the
well as the income marriage by gratuitous delivered to each of conjugal assets. In
thereof, if any, title; them. case of insufficiency of
unless it is (3) That which is acquired (4) The net remainder said assets, the
expressly provided by right of redemption, of the properties of spouses shall be
by the donor, by barter or by the absolute solidarily liable for the
testator or grantor exchange with property community shall unpaid balance with
that they shall form belonging to only one constitute its net their separate
part of the of the spouses; assets, which shall properties, in
community (4) That which is be divided equally accordance with the
property; purchased with between husband provisions of paragraph
(2) Property for exclusive money of the and wife, unless a (2) of Article 121.
personal and wife or of the husband. different proportion (5) Whatever remains of
exclusive use of or division was the exclusive properties
either spouse. agreed upon in the of the spouses shall
However, jewelry marriage thereafter be delivered
shall form part of settlements, or to each of them.
the community unless there has (6) Unless the owner had
property; been a voluntary been indemnified from
(3) Property acquired waiver of such whatever source, the
before the marriage share provided in loss or deterioration of
by either spouse this Code. For movables used for the
who has legitimate purpose of benefit of the family,
descendants by a computing the net belonging to either
former marriage, profits subject to spouse, even due to
and the fruits as forfeiture in fortuitous event, shall
well as the income, accordance with be paid to said spouse
if any, of such Articles 43, No. (2) from the conjugal
property. and 63, No. (2), the funds, if any.
said profits shall be (7) The net remainder of
As to Procedure on the Dissolution of Property Regime the increase in the conjugal
value between the partnership properties
ART. 102 ART. 129 market value of the shall constitute the
(1) An inventory shall (1) An inventory shall be community profits, which shall be
be prepared, listing prepared, listing property at the time divided equally
separately all the separately all the of the celebration between husband and
properties of the properties of the of the marriage and wife, unless a different
absolute conjugal partnership the market value at proportion or division
community and the and the exclusive the time of its was agreed upon in the
exclusive properties of each dissolution. marriage settlements or
properties of each spouse. (5) The presumptive unless there has been
spouse. (2) Amounts advanced by legitimes of the a voluntary waiver or
(2) The debts and the conjugal common children forfeiture of such share
obligations of the partnership in payment shall be delivered as provided in this
absolute of personal debts and upon partition, in Code.
community shall be obligations of either accordance with (8) The presumptive
paid out of its spouse shall be Article 51. legitimes of the
assets. In case of credited to the conjugal (6) Unless otherwise common children shall
insufficiency of said partnership as an asset agreed upon by the be delivered upon the
assets, the thereof. parties, in the partition in accordance
spouses shall be (3) Each spouse shall be partition of the with Article 51.
solidarily liable for reimbursed for the use properties, the (9) In the partition of the
the unpaid balance of his or her exclusive conjugal dwelling properties, the conjugal
with their separate funds in the acquisition and the lot on dwelling and the lot on
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 which it is situated which it is situated SEPARATION OF PROPERTY AND
shall be shall, unless otherwise
adjudicated to the agreed upon by the ADMINISTRATION OF COMMON
spouse with whom parties, be adjudicated PROPERTY BY ONE SPOUSE DURING
the majority of the to the spouse with THE MARRIAGE
common children whom the majority of
choose to remain. the common children
Children below the choose to remain. In the absence of an express declaration in the
age of seven years Children below the age marriage settlements, the separation of property
are deemed to of seven years are between spouses during the marriage shall not take
have chosen the deemed to have place except by judicial order. Such judicial
mother, unless the chosen the mother, separation of property may either be voluntary or for
court has decided unless the court has
sufficient cause.
otherwise. In case decided otherwise. In
there in no such case there is no such
majority, the court majority, the court shall Causes of Judicial Separation of Property
shall decide, taking decide, taking into
into consideration consideration the best a. That at the time of the petition, the spouses
the best interests of interests of said have been separated in fact for at least one
said children. children. (1) year and reconciliation is highly
improbable;
b. That the spouse of the petitioner has been
sentenced to a penalty which carries with it
civil interdiction;
REGIME OF SEPARATION OF c. That the spouse of the petitioner has been
PROPERTY judicially declared an absentee;
d. That loss of parental authority of the spouse of
It may refer to present or future property or both, total petitioner has been decreed by the Court;
or partial. If partial, ACP shall govern properties not e. That the spouse of the petitioner has
agreed upon as separate. (Art. 144) abandoned the latter or failed to comply with
his or her obligation to family as provided in
a. Each spouse shall own, dispose of, possess, Article 101;
administer and enjoy his or her own separate f. That the spouse granted the power of
estate, without need of the consent of the administration in the marriage settlements has
other. To each spouse shall belong all abused that power.
earnings from his or her profession, business
or industry and all fruits, natural, industrial or NOTE: In the cases provided for in b, c, & d,
civil, due or received during the marriage from presentation of final judgment against guilty or
his or her separate property. absent spouse shall be enough basis for grant
b. Both spouses shall bear the family expenses of decree of judicial separation of property
in proportion to their income, or, in case of (Art. 135).
insufficiency or default thereof, to the current
market value of their separate properties. Effects of Judicial Separation of Property

a. Dissolution and liquidation of ACP/CPG (Art.

137);
b. Liability of the spouses to creditors shall be
solidary with their separate properties;
c. Mutual obligation to support each other
continues except when there is legal
separation; and
d. Rights previously acquired by creditors are not
prejudiced (Art. 140).

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Revival of Former Property Regime

It shall be governed by Art. 67 and may be filed in the

same proceedings where separation of property was
decreed in any of the following instances;

a. When the Court, being satisfied that

the spouse granted the power of
administration in the marrige
settlements will not again abuse that
power, authorizes the resumption of
said adminstration;
b. When the absentee spouse
reappears;
c. When the civil interdiction terminates;
d. When parental authority is judicially
restored to the spouse previously
deprived thereof;
e. After voluntary dissolution of the
ACP/CPG has been judicially decreed
upon the joint petition of the spouses,
they agree to the revival of the former
property regime. No voluntary
separation of property may be
granted;
f. When the spouse who has left the
conjugal home without a decree of
legal separation resumes common life
with the other; or
g. When the spouse who has separated
in fact for at least one year, reconcile
and resume common life (Art. 141).

Administration of Exclusive Property (Art. 142)

a. The administration of all classes of exclusive

property of either spouse may be transferred
by the court to the other spouse:
i. When one spouse becomes the
guardian of the other;
ii. When one spouse is judicially
declared an absentee;
iii. aWhen one spouse is sentenced to a
penalty which carries with it civil
interdiction; or
iv. When one spouse becomes a fugitive
from justice or is in hiding as an
accused in a criminal case.
b. If the other spouse is not qualified by reason
of incompetence, conflict of interest, or any
other just cause, the court shall appoint a
suitable person to be the administrator.

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 RULES ON CO-OWNERSHIP

Unions between Persons Capacitated to Marry (ART. 147) Unions between Persons NOT Capacitated to Marry (ART.
148)

As to the Requisites

(1) Must be capacitated to marry each other; (1) The manand the woman must be incapacitated to marry
(2) Live exclusively with each other as husband and wife; and each other, or they do not live exclusively with each
(3) Their union is without the benefit of marriage or their marriage is other as husband and wife; and
void. (2) Their union is without the benefit of marriage or their
marriage is void.

As to Applicability

Parties without legal impediment to marry; or (1) In cases of cohabitation not falling under the preceding
Article, only the properties acquired by both of the
a. Void marriages under Art. 35; parties through their actual joint contribution of money,
i. Those solemnized by any persons not legally property, or industry shall be owned by them in common
authorized to perform marriages; in proportion to their respective contributions.
ii. Those solemnized without a license;
iii. Mistake in identity. In the absence of proof to the contrary, their
b. Void marriages based on psychological incapacity under Art. contributions and corresponding shares are presumed
36; or to be equal. The same rule and presumption shall apply
c. Marriages that are void under Art. 53 when either of the to joint deposits of money and evidences of credit.
former spouses marries again without complying with the
requirements of registration of judgment of annulment, (2) Incestous marriages under Art. 37;
partition, and delivery of presumptive legitimes. (3) Void marriages against public policy under Art. 38;
(4) Void marriages under Art. 35 (1) & (4);
(5) Void Marriages under Article 44.

As to Salaries and Wages

Owned in equal shares. Separately Owned by the parties. If any of them is married,
his/her salary is the property of the ACP/CPG of the legitimate
marriage.

As to Property Acquired by Own Funds

Belongs to such party subject to proof of acquisition by exclusion Belongs to such party.

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funds.

As to Property Acquired while Living Together

Presumed to be obtained from their joint efforts, work, or industry and Owned by them in common in proportion to respective actual
shall be owned by them in equal shares. Efforts in care and joint contributions.
maintenance of family and household considered contribution in
acquisition.

NOTE: Neither party can encumber or dispose by acts inter vivos of

his or her share in the property acquired during cohabitation and
owned in common without the consent of the other until after the
termindation of their cohabitation.

As to Forfeiture

When only one of the parties to a void marriage is in good faith, the If one of the parties is validly married to another, his/her share in
share of party in bad faith in the co-ownership shall be forfeited: the co-ownership shall accrue to the ACP / CPG existing in the
(1) In favor of their common children; marriage.
(2) In case of default or any waiver by any or all common
children or their descendants each vacant share shall belong If the party who acted in bad faith is not validly married to
to the respective surviving descendants; or another or if both parties are in bad faith, such share be forfeited
(3) In their absence, to the innocent party. in a manner provided in the last par. of Art. 147

In all cases, forfeiture takes place upon termination of cohabitation.

As proof of actual contribution

Not necessary Necessary

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 their dalliances with married persons or for
their own betrayals of the marital vow of
fidelity.
FAMILY
Requisites Before a Suit between Members
Being the foundation of the nation, it is a basic of the Same Family may Prosper
social institution which public policy cherishes
and protects. (Art. 149, FC) 1. Earnest efforts toward a compromise have
been made;
Family Relations include
2. Such efforts failed;
1. Between husband and wife;
3. The fact that earnest efforts toward a
2. Between parents and children; compromise have been made but the same
have failed appears in the verified complaint
3. Among other ascendants and descendants; or petition. (FC, Art. 151)

4. Among brothers and sisters, whether of the This rule shall not apply to cases which may
full or half-blood. (FC, Art. 150) not be subject of compromise under the Art.
2035 of the NCC
A suit between a brother-in-law and a sister-
in-law is not within the coverage of the law,
hence, the failure of the plaintiff to allege
FAMILY HOME
earnest efforts to effect a compromise is not
necessary. The relationship is based on Family Home
consanguinity, except that of the husband and
wife. (Gayon v. Gayon) It is the dwelling house where the husband
and wife and their family reside, and the land
The enumeration of brothers and sisters as on which it is situated. It is constituted jointly
members of the same family does not by the husband and the wife or by an
comprehend brothers- or sisters- in-law. unmarried head of a family. (Art. 152, FC)
(Guerero v. RTC)
A house built on a rented land cannot be
Rules to remember made a family home because the house and
the lot must be owned by the person who
1. Family relations exists even if they are not constitutes it. It is in the nature of the family
living together. home to be permanent. If built on a rented
land, there is no element of permanence as
2. Illegitimate children are not included in the the owner of the lot may evict the family when
family relations under this Article because the lease period has terminated or for possible
they have their own families. nonpayment of rentals. (Pineda, 2011)

3. Adopted children are included. Constitution of Family Home

Rules Governing Family Relations The FH is deemed constituted on a house and

lot from the time it is occupied as a family
Family relations are governed by law. No residence. (Art. 153, FC)
custom, practice or agreement destructive of
the family shall be recognized or given effect. NOTE: The family home cannot be constituted
(FC, Art. 149) upon premises permanently used for business
purposes. Thus, if the property is utilized
NOTE: Even if not all forms of extra-marital primarily for business as a merchandise store
relations are punishable under penal law, the or as a hotel for the public, it cannot be
sanctity of marriage is constitutionally regarded as a family home even if the family
recognized and likewise affirmed by our stays there for the purpose of attending to the
statutes as a special contract of permanent business. (Pineda, 2011)
union. Accordingly, the Court has had little
qualms with penalizing judicial employees for
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Guidelines in the Constitution of the the family home and its disposition. (Sta.
Family Home Maria, 2009) Thus, in case the family home
has to be sold by the owner, he or she has to
1. FH is deemed constituted from the time of obtain the consent, among others, of a
actual occupation as a family residence; majority of the beneficiaries of legal age. (Art.
158, FC)
2. Only 1 FH may be constituted;
Requisites to be considered as beneficiary
3. Must be owned by the person constituting
it; 1. They must be among the relationships
enumerated in Art. 154 of the FC;
4. Must be permanent;
2. They live in the FH; and
5. Same rule applies to both valid and
voidable marriages and even to common-law 3. They are dependent for legal support upon
spouses; (Arts. 147 and 148, FC) and the head of the family. (Art. 156, FC)

6. It continues despite death of one, either

spouses, or an unmarried head of the family
for 10 years or as long as there is a minor Exemption of Family Home from execution,
beneficiary. The heirs cannot partition the forced sale, and attachment
same unless the court finds compelling
reasons therefore. This rule shall apply GR: FH is exempt from execution, forced sale,
regardless of whoever owns the property or and attachment.
constituted the FH.(Art. 159, FC)
From the time of its constitution and so long
The FH must be part of the properties of the as any of its beneficiaries resides therein, the
absolute community or the conjugal FH continues to be such and is exempt from
partnership or the exclusive properties of execution, forced sale or attachment. (Art.
either spouse, with the latter’s consent. It may 153, FC)
also be constituted by an unmarried head of a
family on his or her own property. (Art. 156, XPNs: However, the rule is not absolute. Art.
FC) 155 of the FC provides the circumstances
wherein the FH will not be exempt from
NOTE: Property that is subject of a conditional execution, forced sale of attachment, to wit:
sale on installments where ownership is
reserved by the vendor only to guarantee 1. Debts due to laborers, mechanics,
payment of the purchase price may be architects, builders, material men and others
constituted as a FH. who rendered service or furnished materials
for the constitution of the building;
Beneficiaries of a Family Home
2. Non-payment of taxes;
1. Husband and wife; or
3. Debts incurred Prior to its constitution;
2. Unmarried head of the family;
4. Debts secured by Mortgages on the
3. Parents (may include parents-in-law); premises before or after such constitution.
(Art. 155, FC)
4. Ascendants;
NOTE: Exemption is limited to the value
5. Descendants; allowed in the FC.

6. Brothers and sisters (legitimate or Rule for the family home to be exempted
illegitimate) living in the FH and dependent on from execution
the head of the family for legal support. (Art.
154, FC) 1. If the FH was constructed before the
effectivity of the FC, then it must have been
NOTE: Beneficiaries are the people who are constituted either judicially or extra-judicially
most likely to be affected by the constitution of as provided under Arts. 225, 229-231, and
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233 of the NCC. Judicial constitution of the FH 3. He has reasonable grounds to believe that
requires the filing of a verified petition before the FH is worth more than the maximum
the courts and the registration of the court’s amount fixed in Art. 157. (Art. 160, FC)
order with the Registry of Deeds of the area
where the property is located. Meanwhile, Procedure in exercising the right to
extrajudicial constitution is governed by Arts. execute
240 to 242 of the NCC and involves the
execution of a public instrument which must 1. Creditor must file a motion in the court
also be registered with the Registry of proceeding where he obtained a favorable
Property. judgment for a writ of execution against the
FH;
2. FH constructed after the effectivity of the
FC, there is no need to constitute extra- 2. There will be a hearing on the motion where
judicially or judicially, and the exemption is the creditor must prove that the actual value of
effective from the time it was constituted and the FH exceeds the maximum amount fixed
lasts as long as any of its beneficiaries by the FC, either at the time of its constitution
actually resides therein. Moreover, the FH or as a result of improvements introduced
should belong to the absolute community or after its constitution;
conjugal partnership, or if exclusively by one
spouse, its constitution must have been with 3. If the creditor proves that the actual value
consent of the other, and its value must not exceeds the maximum amount, the court will
exceed certain amounts depending upon the order its sale in execution; and
area where it is located. Further, the debts
incurred for which the exemption does not 4. If the FH is sold for more than the value
apply as provided under Art. 155 for which the allowed, the proceeds shall be applied as
FH is made answerable must have been follows:
incurred after the effectivity of the FC.
a. The obligations enumerated in Art.
3. In both cases, whether under the NCC or 155 of the FC must be paid; and
the FC, it is not sufficient that the person
claiming exemption merely alleges that such b. The judgment in favor of the
property is a FH. This claim for exemption creditor will be paid, plus all the costs
must be set up and proved. of execution. The excess, if any, shall
be delivered to the judgment debtor.
Exemption of Family Home must first be (Art. 160, FC)
set up and proved
NOTE: The actual value of the FH shall not
The FH’s exemption from execution must be exceed, at the time of its constitution, the
set up and proved to the Sheriff before the amount of P300,000 in urban areas, and
sale of the property at public auction. It should P200,000 in rural areas, or such amounts as
be asserted that the property is a FH and that may hereafter be fixed by law. (Art. 157, FC).
it is exempted from execution at the time it
Requisites in the sale, alienation, donation,
was levied or within a reasonable time
thereafter. It is not sufficient that the person assignment or encumbrance of the FH
claiming exemption merely alleges that such
property is a FH. Failure to do so will estop The following must give their written consent:
one from later claiming the said exemption.
(Sps. de Mesa v. Sps. Acero) 1. The person who constituted the FH;

Requisites for the creditor to avail of the 2. The spouse of the person who constituted
the FH; and
right to execute
3. Majority of the beneficiaries of legal age.
1. He must be a judgment creditor;
NOTE: In case of conflict, the court shall
2. His claim must not be among those decide.
excepted under Art. 155; and
Limitations on Family Home

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1. Each family can have only one FH. After
one FH has been constituted, no other FH can
be established without first dissolving the
existing one;
LEGITIMATE CHILDREN

2. FH can be constituted only on the dwelling A. WHO ARE LEGITIMATE CHILDREN

place, and therefore in the locality where the
family has its domicile; and GR: One who is conceived OR born during
the marriage of the parents. (Art. 164, FC)
3. The value of the FH must not exceed the
limit fixed by law. XPN: Born outside of a valid marriage (void
marriages) but considered as legitimate child:
1. Children of marriages which are declared
void under Art. 36; and 2. Children of
marriages which are declared void under Art.
PATERNITY AND FILIATION
53.

Requisites for a child conceived by

artificial insemination to be considered
Paternity - It is the civil status of a father with legitimate
regard to the child.
1. The artificial insemination is made on the
Filiation - It is the civil status of a child with wife, not on another woman;
regard to his parents. It may be by nature or
adoption, legitimate or illegitimate. 2. The artificial insemination on the wife is
done with the sperm of the husband or of a
The filiation of children may be by nature or by donor, or both the husband and a donor;
adoption. Natural filiation may be legitimate or
illegitimate. (Art. 163, FC) 3. The artificial insemination has been
authorized or ratified by the spouse on a
NOTE: Paternity or filiation is established by written instrument executed and signed by
clear and convincing evidence. (Constantino them before the birth of the child; and
v. Mendez)
4. The written instrument is recorded in the
Classifications of filiation civil registry together with the birth certificate
of the child. (Art. 164(2), FC)
1. Natural
Presumption of Legitimacy
a. Legitimate – conceived OR born
within a valid marriage. Children conceived or born during the
marriage of the parents are legitimate. (Art.
b. Illegitimate – conceived AND born 164, FC) The presumption of legitimacy of
outside a valid marriage. children does not only flow out from a
declaration contained in the statute but is
2. Judicial Act
based on the broad principles of natural
a. Legitimated – conceived and born justice and the supposed virtue of the mother.
outside of wedlock of parents without The presumption is grounded in a policy to
impediment to marry at the time of protect innocent offspring from the odium of
conception or were so disqualified illegitimacy. (Liyao vs. Liyao)
only because either or both of them
The presumption of legitimacy may be availed
were below 18 years of age. (Art. 177,
only upon convincing proof of the factual basis
FC)
therefore, i.e., that the child’s parents were
b. Adopted – a filiation created by law legally married, and that his/her conception or
which vests between two persons a birth occurred during the subsistence of that
relationship similar to that which marriage. Otherwise, the presumption of law
results from legitimate paternity and that a child is legitimate does not arise.
filiation.
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 NOTE: The child by himself cannot choose his Baptismal certificate does not prove filiation
own filiation. Neither can he elect the paternity Just like in a birth certificate, the lack of
of the husband of his mother when the participation of the supposed father in the
presumption of his legitimacy has been preparation of a baptismal certificate renders
successfully overthrown. this document incompetent to prove paternity.
And “while a baptismal certificate may be
B. PROOF OF FILIATION OF LEGITIMATE considered a public document, it can only
CHILDREN serve as evidence of the administration of the
sacrament on the date specified but not the
GR: The filiation of legitimate children is veracity of the entries with respect to the
established by any of the following: (Art. 172 child’s paternity. Thus, baptismal certificates
(1),FC) are per se inadmissible in evidence as proof
of filiation and they cannot be admitted
1. The record of birth appearing in the civil indirectly as circumstantial evidence to prove
register or a final judgment; or the same”
2. An admission of legitimate filiation in a NOTE: A will which was not presented for
public document or a private handwritten probate sufficiently establish filiation because
instrument and signed by the parent it constitutes a public document or private
concerned. handwritten instrument signed by the parent
concerned.
Art. 265 of the NCC provides that the “filiation
of legitimate children is proved by the record Prima facie case of sexual relations with
of birth appearing in the Civil Register, or by the putative father
an authentic document or a final judgment.” In
the absence thereof, the filiation shall be A prima facie case exists if a woman declares
proved by the continuous possession of status — supported by corroborative proof — that
of a legitimate child or by any other means she had sexual relations with the putative
allowed by the ROC and special laws. father; at this point, the burden of evidence
shifts to the putative father.
In the absence of the record of birth and
admission of legitimate filiation, Art. 267 of the Further, the two affirmative defenses available
NCC and Art. 172 of the FC provide that to the putative father are:
filiation shall be proved by any other means
allowed by the ROC and special laws, such 1. Incapability of sexual relations with the
as, baptismal certificate, a judicial admission, mother due to either physical absence or
a family bible in which his or her name has impotency; or
been entered, common reputation respecting
his or her pedigree, admission by silence, the 2. That the mother had sexual relations with
testimonies of witnesses and other kinds of other men at the time of conception.
proof admissible under Rule 130 of the ROC.
XPN: In the absence of the foregoing
NOTE: It is jurisprudentially settled that a evidence, the legitimate filiation shall be
baptismal certificate has evidentiary value to proved by:
prove filiation only if considered alongside
other evidence of filiation. (Heirs. of Fabillar v. 1. The open and continuous possession of the
Paller) status of a legitimate child; or

Pictures or certificate of baptism do not 2. Any other means allowed by the ROC and
constitute authentic documents to prove special laws. (Art. 172(2), FC)
the legitimate filiation of a child
C. RIGHTS OF LEGITIMATE CHILDREN
Pictures or canonical baptismal certificate do
not constitute the authentic documents to 1. To bear the surname of the father and the
prove the legitimate filiation of a child. The mother;
baptismal certificate of the child, standing
alone, is not sufficient. It is not a record of 2. To receive support from their parents, their
birth. Neither is it a public instrument nor a ascendants, and in proper cases, their
private handwritten instrument. brothers and sisters; and
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 3. To be entitled to the legitimate and other GR: The prescriptive period for filing action
successional rights granted to them by the impugning the legitimacy of the child shall be
Civil Code. (ART. 174, FC) counted from the knowledge of birth or its
recording in the civil registry.
D. GROUNDS TO IMPUGN LEGITIMACY

1. Physical impossibility for the husband to

have sexual intercourse with his wife within XPN: If the birth was:
the first 120 days of the 300 days which
immediately preceded the birth of the child 1. Concealed from; or
because of:
2. Was unknown to the husband or his heirs,
a. Physical incapacity of the husband to have the periods shall be counted from the
sexual intercourse with his wife, discovery or knowledge of the birth of the child
or of the act of registration of said birth,
b. The fact that the husband and wife were whichever is earlier. (Art. 170, FC)
living separately in such a way that sexual
intercourse was not possible; or Sterility and Impotency

c. Serious illness of the husband which Sterility is not synonymous with impotency.
absolutely prevented intercourse; Sterility is the inability to procreate, while
impotency is the Physical inability to copulate.
2. Proved that for biological or other scientific
reasons, the child could not have been that of
the husband, except in the case of children
conceived through artificial insemination; or ILLEGITIMATE CHILDREN
3. In case of children conceived through
artificial insemination, the written authorization A. WHO ARE ILLEGITIMATE CHILDREN
or ratification of either parent was obtained
through mistake, fraud, violence, intimidation 1. Children conceived and born outside a valid
or undue influence. (Art. 166, FC) marriage;

Persons who may attack the legitimacy of 2. Children born of couples who are not legally
the child married or of common law marriages;

GR: Only the husband can contest the 3. Children born of incestuous marriage;
legitimacy of the child.
4. Children born of bigamous marriage;
XPNs: Heirs of the husband may impugn the
5. Children born of adulterous relations
filiation of the child within the period
between parents;
prescribed in Art. 170 of the FC only in the
following cases: 6. Children born of marriages which are void
for reasons of public policy under Art. 38, FC;
1. If the husband should die before the
expiration of the period fixed for bringing his 7. Children born of couples below 18; and 8.
action; Children born of void marriages under Art. 35.
2. If he should die after the filing of the XPN: Where the marriage is void for lack of
complaint, without having desisted therefrom; authority on the part of the solemnizing officer,
or but the parties or either of them believed in
good faith that the solemnizing officer had
3. If the child was born after the death of the
authority, in which case the marriage will be
husband. (Art. 171, FC) P
considered valid and the children will be
Prescriptive period for filing action considered legitimate.
impugning the legitimacy of the child

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B. PROOF OF FILIATION OF ILLEGITIMATE 2. Admission in public document or
CHILDREN private handwritten instrument is
made by the father.
1. The record of birth appearing in the civil
register or a final judgment; or NOTE: Provided that the father has the right
to institute an action before the regular courts
2. An admission of legitimate filiation in a to prove non-filiation during his lifetime.
public document or a private handwritten
instrument and signed by the parent C. RIGHTS OF AN ILLEGITIMATE CHILD
concerned. 1. They shall use the surname of the mother;
2. They shall be under the parental authority of
In the absence thereof, filiation shall be the mother;
proved by: 3. They shall be entitled to support in conformity
with the FC, provided, only as to the separate
1. the open and continuous property of the parent; and
possession of the status of a 4. They shall be entitled to a legitime which shall
legitimate child; or consist of 1/2 of the legitime of a legitimate
child. (Art. 176, FC)
2. any other means allowed by the
ROC and special laws. D. GROUNDS TO IMPUGN FILIATION
NOTE: To prove open and continuous 1. That it was Physically impossible for
possession of the status of an illegitimate the husband to have sexual
child, there must be evidence of manifestation intercourse with his wife within the first
of the permanent intention of the supposed 120 days of the 300 days which
father to consider the child as his, by immediately preceeded the birth of the
continuous and clear manifestations of child because of:
parental affection and care, which cannot be a. The physical incapacity of the
attributed to pure charity. Such acts must be husband to have sexual
of such a nature that they reveal not only the intercourse with his wife;
conviction of paternity, but also the apparent b. The fact that the husband and
desire to have and treat the child as such in wife were living separately in
all relations in society and in life, not such a way that sexual
accidentally, but continuously. intercourse was not possible;
c. Serious illness of the husband,
Effect of the Recognition of an Illegitimate which absolutely prevented
Child by the Father sexual intercourse;
2. That is proved that for Biological or
other scientific reasons, the child
could not have been that of the
Such recognition would be a ground for husband, except in the instance
ordering the latter to give support to, but not provided in the second paragraph of
the custody of the child. The law explicitly Art.164; or
confers to the mother sole parental authority 3. That in case of children conceived
over an illegitimate child; it follows that only if through Artificial insemination, the
she defaults can the father assume custody written authorization or ratification of
and authority over the minor. either parent was obtained through
mistake, fraud, violence, intimidation,
Also, under the R.A. 9255, the illegitimate or undue influence. (ART. 166, FC)
child has the option to use the surname of the
father. R.A. No. 9255

This act provides that illegitimate children may

optionally use the father’s surname provided
that:

1. Filiation has been recognized by the

father through the record of birth
appearing in the civil register; and
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 LEGITIMATED CHILDREN Legitimate Illegitimate Children
Children
Legitimated children are those who, because As to surname
of the subsequent marriage of their parents to
each other, are by legal fiction considered Bear the Bear the surname of
legitimate. surnames of both either the mother or
parents (mother the father under R.A.
Legitimation is a remedy or process by and father) 9255 NOTE: Under the
means of which those who in fact not born in amendatory provisions
wedlock and should therefore be ordinarily of R.A. No. 9255, the
illegitimate, are by fiction, considered use of illegitimate
legitimate. It takes place by a subsequent father's surname is
valid marriage between parents. Furthermore, permissive and not
it shall retroact to the time of the child’s birth. obligatory.
(Art. 180, FC)
As to support
NOTE: The annulment of a voidable marriage
shall not affect the legitimation. (Art. 178, FC) Receive support Receive support
from: 1. Parents; according to provision
A. WHO MAY BE LEGITIMATED 2. Ascendants; of FC
and In proper
Only children conceived and born outside of cases, brothers
wedlock of parents who, at the time of and sisters under
conception of the former, were not disqualified Art. 174 of the FC
by any impediment to marry each other, or
were so disqualified only because either or As to legitime
both of them were below 18 years of age. (Art.
177, FC, as amended by R.A. 9858) Full legitime and 1/2 of the share of a
other successional legitimate child
B. HOW LEGITIMATION TAKES PLACE rights
under the NCC.
1. Child must have been conceived and born
outside of wedlock; As to period for filing action of claim of
legitimacy or illegitimacy
2. Child’s parents, at the time of former’s
conception, were not disqualified by any Their whole For primary proof: their
impediment to marry each other or were so lifetime regardless whole lifetime. For
disqualified only because either or both of of type of proof secondary proof: only
them were below 18 years of age; and provided under during the lifetime of
Art. 172 of the F the alleged parent
3. The subsequent valid marriage of the
parents. As to transmissibility of right to file an
action to claim legitimacy
C. GROUNDS TO IMPUGN LEGITIMACY
Yes No
Legitimation may be impugned only by those
who are prejudiced in their rights, within 5 As to right to inherit ab intestato
years from the time their cause of action
accrues, that is, from the death of the putative Yes No right to inherit ab
parent. (Art. 182, FC) intestate from
legitimate children and
NOTE: The right referred to are successional relatives of father and
rights. Hence, only those whose successional mother under Art. 992,
rights are directly affected may impugn the NCC
legitimation that took place
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Action to Claim Filiation However, if the action for illegitimacy is based
on an open and continuous possession of
Paternity and filiation or the lack of the same status of illegitimate filiation or any other
is a relationship that must be judicially means allowed by the Rules of Court and
established, and it is for the court to declare special laws, the action must be brought
its existence or absence. It cannot be left to during the lifetime of the alleged parent.
the will or agreement of the parties. Paternity and filiation or the lack of the same
is a relationship that must be judicially
The manner of claiming filiation is the same established, and it is for the court to declare
for both legitimate and illegitimate children. its existence or absence. It cannot be left to
the will or agreement of the parties.
Persons who may file for claim legitimate
filiation The manner of claiming filiation is the same
for both legitimate and illegitimate children.
GR: The right of claiming legitimacy belongs
to the child. (Art. 173, FC)

XPNs: The right is transferred to his heirs ADOPTED CHILDREN

when the child dies:

1. During minority; or

2. In a state of insanity; or Adoption is the process of making a child,

whether related or not to the adopter, possess
3. After commencing the action for legitimacy. in general, the rights accorded to a legitimate
child. It is a juridical act, a proceeding in rem
NOTE: Questioning legitimacy may not be which creates between two persons a
collaterally attacked. It can be impugned only relationship similar to that which results from
in a direct action. legitimate paternity and filiation. The modern
trend is to consider adoption not merely as an
Person/s who may file for claim illegitimate act to establish a relationship of paternity and
filiation filiation, but also as an act which endows the
child with a legitimate status. (In the Matter of
GR: The right of claiming illegitimacy belongs the Adoption of Stephanie Nathy Astorga
to the child. Garcia)

XPNs: The right is transferred to his heirs The relationship established by the adoption is
when: limited to the adopting parents and does not
extend to their other relatives, except as
1. During minority; expressly provided by law. Thus, the adopted
child cannot be considered as a relative of the
2. In a state of insanity; or ascendants and collaterals of the adopting
parents, nor of the legitimate children which
3. After commencing the action for legitimacy. they may have after the adoption, except that
the law imposes certain impediments to
Prescription of action to claim legitimacy or marriage by reason of adoption. Neither are
illegitimacy the children of the adopted considered
descendants of the adopter.
An action must be brought:

1. By the child – during his lifetime; or Effects of a Decree of Adoption Adoption

shall have the following effect:
2. By his heirs – within 5 years should the
child dies during minority, in a state of insanity 1. For civil purposes, the adopted child shall
or after commencing the action for legitimacy. be deemed legitimate child of the adopters
and both shall acquire the reciprocal rights
NOTE: Provided that the action for illegitimacy and obligations arising from the relationship of
is based on admission of paternity or filiation parent and child, including the right of the
in a birth certificate or written instrument. adopted to use the surname of the adopters;

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2. The parental authority of the parents by
nature over the adopted shall terminate and
be vested in the adopters, except that if the
adopter is the spouse of the parent by nature
SUPPORT
of the adopted, parental authority over the
adopted shall be exercised jointly by both A. WHAT COMPRISES SUPPORT
spouses; and
Support
3. The adopted shall remain an intestate heir
of his parents and other blood relatives. (Art. It comprises everything indispensable for
189, FC) sustenance, dwelling, clothing, medical
attendance, and transportation, in keeping
Rules on Legal or Intestate Succession with the financial capacity of the family,
including the education of the person entitled
1. Legitimate and illegitimate children and to be supported until he completes his they
descendants and the surviving spouse of the complete their education or training for some
adopted shall inherit from the adopted, in profession, trade or vocation, even beyond the
accordance with the ordinary rules of legal or age of majority. (Art. 194, FC)
intestate succession;
Characteristics of support
2. When the parents, legitimate or illegitimate,
or the legitimate ascendants of the adopted 1. Personal;
concur with the adopter, they shall divide the
entire estate, one-half to be inherited by the 2. Reciprocal on the part of those who are by
parents or ascendants and the other half, by law bound to support each other;
the adopters;
3. Intransmissible;
3. When the surviving spouse or the
illegitimate children of the adopted concur with 4. Mandatory;
the adopters, they shall divide the entire
estate in equal shares, one-half to be 5. Provisional character of support judgment;
inherited by the spouse or the illegitimate
children of the adopted and the other half, by 6. Exempt from attachment or execution; and
the adopters,
7. Not subject to waiver or compensation
4. When the adopters concur with the
illegitimate children and the surviving spouse Composition of Support
of the adopted, they shall divide the entire
estate in equal shares, one-third to be Support comprises everything indispensable
inherited by the illegitimate children, one-third for:
by the surviving spouse, and onethird by the
adopters; 1. Sustenance;

5. When only the adopters survive, they shall 2. Dwelling;

inherit the entire estate; and
3. Clothing;
6. When only collateral blood relatives of the
4. Medical attendance;
adopted survive, then the ordinary rules of
legal or intestate succession shall apply. (Art. 5. Education; and
190, FC)
NOTE: includes schooling or training
for some profession, trade or vocation,
even beyond the age of majority; and

6. Transportation

NOTE: Includes expenses going to

and from school, or to from place of work. (Art.
194, FC)
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Kinds of Support SUPPORT OF SPOUSES TO OTHERS
1. Legal – required or given by law; PROPERTY INSUFFICIENCY
REGIME TO BE OR ABSENCE
2. Judicial – required by court; may be: LIABLE
a. Pendente lite; or Legitimate children of both or either
spouse and common children
b. In a final judgment.
ACP / CPG is ACP / CPG is
3. Conventional – by agreement.
principally liable. insufficient, separate
(Arts. 94 and 121, property of both
Rules on support of illegitimate children of
FC) spouses are
either spouse solidarily liable. (Art.
197, FC)
1. It depends upon the property regime of the
spouses. Illegitimate children of either spouse
2. ACP / CPG for the support of the following: Separate property is If separate property
principally liable; of the spouse is
a. spouses; ACP can advance insufficient, the
the support; CPG spouses can use
b. common children of the spouses;
can be liable if the ACP / CPG. (Art.
and
responsibilities in 197, FC)
c. legitimate children of either spouse. Art. 121 are
covered. (Art. 197,
NOTE: If the community property or FC in relation to
the conjugal partnership is insufficient Arts. 94 and 121,
to cover them, the spouses shall be FC)
solidarily liable for the unpaid balance
with their separate properties. (Arts. Parents and siblings
94 and 121, FC)
Separate property is There must be a
3. Separate property of person, for the principally liable; complete absence of
support of the following: ACP / CPG can separate property on
advance support, the part of the
a. Illegitimate children; but only if there is obligorspouse. (Art.
complete absence of 197, FC.
b. Legitimate ascendants; separate property.
(Art. 197, FC)
c. Descendants, whether legitimate or
illegitimate; and B. WHO ARE OBLIGED TO GIVE SUPPORT
1. Spouses;
d. Brothers and sisters, whether
legitimately or illegitimately related. NOTE: a. The spouse must be the legitimate
spouse in order to be entitled to support; and
b. The spouse who leaves the conjugal home
or refuses to live therein, without just cause,
shall not have the right to be supported. (Art.
100 and 127, FC)

2. Legitimate ascendants and descendants;

3. Parents and their legitimate children, and the
legitimate and illegitimate children of the latter;
4. Parents and their illegitimate children, and the
legitimate and illegitimate children of the latter;
and

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 NOTE: The alleged father of a child must first obligation of mutual support ceases after final
recognize the latter before he or she may be judgment.
entitled to support.
XPN: In case of legal separation the Court
5. Legitimate brothers and sisters whether full or may order that the guilty spouse shall give
half- blood. (Art. 195, FC) support to the innocent one. (Art. 198, FC)

NOTE: Brothers and sisters not legitimately Effect of adultery of the wife
related, whether full or half-blood, are likewise
bound to support each other. However, when Adultery of the wife is a valid defense in an
the need for support of the brother or sister, action for personal support (i.e. support
being of age, is due to a cause imputable to coming from the spouse’s own funds). If
the claimant’s fault or negligence, the adultery is proved and sustained, it will defeat
illegitimate brother or sister has no right to be the action for support. But if both are equally
supported. at fault, the principle of in pari delicto applies
in which the husband cannot avail of the
Liability to support The liability to support defense of adultery.
should be observed in the following order: 1.
Spouse; 2. Descendants in the nearest C. AMOUNT OF SUPPORT
degree; 3. Ascendants in the nearest degree;
and 4. Brothers and sisters. (Art. 199, FC) Amount shall be in proportion to the
resources or means of the giver and to the
ORDER OF SUPPORT necessities of the recipient. (FC, Art. 201)

GR: Support may be decreased or increased

proportionately according to the reduction or
1. Spouse; increase of the necessities of the recipient and
the resources of the person obliged to furnish
2. Descendants in the nearest degree; the same. (FC, Art. 202)

3. Ascendants in the nearest degree; and Support, When Demandable

4. Brothers and sisters. (Art. 199, FC) The obligation to give support is demandable
from the time the person who has a right to
XPN: Unless the concurrent obligees should receive support needs it for maintenance. The
be the spouse and a child, in which case, the support shall be paid only from the date of
child shall be preferred. (Art. 200, FC) judicial or extrajudicial demand. The right to
support does not arise from mere fact of
Support during marriage litigation relationship but from imperative necessity
without which it cannot be demanded. The law
During the pendency of the action for presumes that such necessity does not exist
annulment or declaration of absolute nullity of unless support is demanded.
marriage and action for legal separation, the
court shall provide for the support of the Effect of Reaching Age of Majority
spouses and their common children in the
absence of a written agreement between the If a person is of age and no longer studies, he
spouses. (Art. 49, FC) is still entitled to support unless there are just
reasons for the extinguishment of the right.
Sources of support shall be the properties of
the absolute community or conjugal If, upon the other hand, he has not yet
partnership. (Arts. 94 & 121, FC) finished his studies even if already of age, he
still entitled generally to be supported. Of
Mutual support of the spouses after the course, if the person supporting dies, the
final judgment granting the petition for obligation ceases.
legal separation, annulment, and
declaration of nullity of marriage Manner of Payment

GR: Spouses are no longer obliged to render Payment shall be made within the first five
mutual support after final judgment. The days of each corresponding month. In case of
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death of the person entitled to receive NOTE: Contractual support shall be
support, his heirs shall not be obliged to return subject to adjustment whenever
what he has received in advance for such modification is necessary due to
support. (FC, Art. 203) changes in circumstances beyond the
contemplation of the parties.
Payment by Third Person under Art. 208

The obligation to reimburse under this article PARENTAL AUTHORITY

is one that likewise arises from quasi-contract.
Parental Authority is defined as the mass of
As distinguished from Arts. 206 of the FC and rights and obligations which parents have in
2164 of the NCC, “the obligor unjustly refuses relation to the person and property of their
or fails to give support.” children until their emancipation and even
after this under certain circumstances.
The law creates a promise of reimbursement (Rabuya, 2009)
on the part of the person obliged to furnish
support, in spite of the deliberate disregard of Parental authority includes:
his legal and moral duty.
1. Caring for and rearing of such children for
Options given to persons giving support civic consciousness and efficiency; and
1. To give a fixed allowance; or 2. Development of their moral, mental, and
physical character and well-being. (Art. 209,
2. To receive and maintain the recipient in the FC)
giver’s home or family dwelling. (FC, Art. 204)
Characteristics of parental authority
NOTE: In cases when there is a moral
or legal obstacle, the latter alternative 1. Jointly exercised by the father and mother;
in giving support cannot be availed of.
If support is given by a stranger 2. Natural right and duty of the parents;
without the knowledge of the person
obliged to give support; GR: The GR: Cannot be renounced,
stranger shall have the right of transferred, or waived.
reimbursement
XPN: In cases authorized by law such
XPN: Unless it appears that he gave it without as in cases of adoption, guardianship,
any intention of being reimbursed. (FC, Art. and surrender to a children's home or
206) an orphan institution. (Santos v. CA)

NOTE: If the person obliged to give 3. Purely personal; and

support unjustly refuses or fails to give
it when urgently needed, any third 4. Temporary. (Rabuya, 2009)
person may furnish support to the
needy individual, with a right of Exercise of parental authority
reimbursement. (Art. 207)
The father and the mother shall jointly exercise
Attachment or execution of the right to parental authority over the persons of their common
receive support (FC, Art. 208) children. In case of disagreement, the father’s
decision shall prevail unless there is a judicial order to
GR: The right to receive support and any the contrary. (Art. 211, FC)
money or property obtained as support cannot
be attached nor be subject to execution to If the child is illegitimate, parental authority is with the
satisfy any judgment against the recipient. mother. (Art. 176, FC)

XPN: In case of contractual support or NOTE: Joint parental authority may be exercised over
support given by will, the excess in amount an illegitimate child when:
beyond that required for legal support shall be
subject to levy on attachment or execution. 1. The father is certain;

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2. The illegitimate children are living with the said compelling reasons as determined by a court.
father and mother, who are cohabiting without the (Lacson v. San Jose-Lacson)
benefit of marriage or under a void marriage not
falling under Art. 36 and 53. NOTE: The general rule that children less than 7
years of age shall not be separated from the mother
Parental authority and responsibility are inalienable finds its raison d'etre in the basic need of minor
and may not be transferred or renounced except in children for their mother's loving care. This is
cases authorized by law. The right attached to predicated on the “best interest of the child” principle
parental authority, being purely personal, the law which pervades not only child custody cases but also
allows a waiver of parental authority only in cases of those involving adoption, guardianship, support,
adoption, guardianship, and surrender to a children's personal status and minors in conflict with the law.
home or an orphan institution. (Arts. 222-224, FC; Act (Pablo-Gualberto v. Gualberto)
No. 3094)
This also avoids the tragedy where a mother has
Visitation rights seen her baby torn away from her. No man can sound
the deep sorrows of a mother who is deprived of her
It is the right of access of a non-custodial parent to his child of tender age.
or her child or children.
Compelling Reasons
Who are entitled of visitation rights
The so-called “tender-age presumption” under Art.
1. The non-custodial parent in cases of: 213 of the FC may be overcome only by compelling
evidence of the mother’s unfitness. The mother has
a. Legal separation; been declared unsuitable to have custody of her
children in one or more of the following instances:
b. Separation de facto;
1. Insanity;
c. Annulment; and
2. Abandonment;
d. Declaration of nullity on the ground of
psychological incapacity or failure to comply 3. Neglect;
with the requirements of Art. 52; and
4. Drug addiction;
2. Illegitimate father over his illegitimate child.
5. Affliction with a communicable disease;
NOTE: In case of annulment or declaration of
absolute nullity of marriage, Article 49 of the Family 6. Maltreatment of the child Immorality;
Code grants visitation rights to a parent who is
deprived of custody of his children. Such visitation 7. Unemployment; and/or 8. Habitual
rights flow from the natural right of both parent and drunkenness.
child to each other’s company. There being no such
parent-child relationship between them, a person has NOTE: The SC ruled that sexual preference or moral
no legally demandable right of visitation. laxity alone does not prove parental neglect or
incompetence; to deprive the wife of custody of her
Tender-Age Presumption minor child, her moral lapses must have an adverse
effect on the welfare of the child or it must have
No child under 7 years of age shall be separated from distracted the offending spouse from exercising
the mother, unless the court finds compelling reasons proper parental care. (Pablo-Gualberto v. Gualberto)
to order otherwise. (Art. 213(2), FC)
Exercise of Parental Authority in Case of
The paramount consideration in matters of custody of Absence, Death, Remarriage of Either Parent, or
a child is the welfare and well-being of the child. Legal or De facto Separation of Parents
(Espiritu v. CA)
1. Absence or death of either parent – parent present
The use of the word “shall” in Art. 213 of the FC is shall continue exercising parental authority. (Art. 212,
mandatory in character. It prohibits in no uncertain FC)
terms the separation of a mother and her child below
7 years, unless such separation is grounded upon 2. Remarriage of either parent – it shall not affect the
parental authority over the children, unless the court

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appoints another person to be the guardian of the 4. In case of foundlings, abandoned, neglected, or
person or property of the children. (Art. 213, FC) abused children similarly situated, parental authority
shall be entrusted in summary judicial proceedings to
NOTE: Parental authority is not automatically heads of children’s homes, orphanages, and similar
given to the new spouse over the child of the institutions duly accredited by the proper government
surviving parent, unless such new spouse agency. (Art. 217, FC)
legally adopts the children.
NOTE:
3. Legal or de facto separation of parents – the parent
designated by the court. (Art. 213, FC) a. Foundlings – newborn child children abandoned by
its their parents who are unknown;
Considerations in the Designation of Child
Custody b. Abandoned – a child children who has have no
proper parental care or guardianship; and
The Court shall take into account all relevant
considerations in the designation of the parent, c. Neglected – a child whose basic needs have been
especially the choice of the child over 7 years of age deliberately or inadequately unattended. (Rabuya,
except when the parent chosen is unfit. (Art. 213, FC) 2009)

A. SUBSTITUTE PARENTAL B. SPECIAL PARENTAL AUTHORITY

AUTHORITY
It is the parental authority granted by law to certain
It is the parental authority which the persons persons, entities, or institutions in view of their special
designated by law may exercise over the persons and relation to children under their supervision, instruction
property of unemancipated children in case of death, or custody. It is denominated as “special” because it
absence or unsuitability of both parents, or in default is limited and is present only when the child is under
of a judicially appointed guardian. their supervision, instruction or custody. It can also
co-exist with the parents’ parental authority.
Parental Preference Rule
Persons who may exercise special parental
There is a recognition of the deep ties that bind parent authority (Art. 218, FC)
and child. Parents are thus placed first in rank in
matters of parental authority. The father or mother, if 1. The school;
suitable, is entitled to exercise parental authority over
his or her children. As a consequence of which, the 2. School administrators;
father or the mother, if suitable, is entitled to the
custody of the child against all persons, even against 3. School teachers; and
the grandparents. (Rabuya, 2009)
4. Individual, entity or institution engaged in child
Order of preference for substitute parental care.
authority
Scope of Special Parental Authority
1. Surviving Grandparent (Art. 214, FC);
The scope of special parental authority and
NOTE: The law considers the natural love of a responsibility applies to all authorized activities,
parent to outweigh that of the grandparents, whether inside or outside the premises of the school,
such that only when the parent present is entity, or institution. (Rabuya, 2009)
shown to be unfit or unsuitable may the
NOTE: The nature of the liability of persons having
grandparents exercise substitute parental
special parental authority over said minors for their
authority. (Santos v. CA)
acts or omissions causing damage to another is
2. Oldest brother or sister, over 21 years unless unfit principal and solidary. The parents, judicial guardians,
or disqualified; or the persons exercising substitute parental authority
over said minor shall be subsidiarily liable. (Art, 219,
3. Actual Custodian over 21 years unless unfit or FC)
disqualified (Art. 216, FC); and
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EFFECTS OF PARENTAL AUTHORITY NOTE: In case of custodial parent, includes
day-to-day care and companionship of child;
The parents and those exercisingparental authority
shall have with the respect to their unemancipated b. Right to discipline child;
children on wards the following rights and duties: (Art.
220, FC) NOTE: Includes right to inculcate in child
parent’s moral and ethical standards; right to
1. To keep them in their company, to support, control and manage minor child’s earnings;
educate and instruct them by right precept
and good example, and to provide for their c. Right to control and manage minor child’s property;
upbringing in keeping with their means;
d. Right to be supported by adult child;
2. To give them love and affection, advice and
counsel, companionship and understanding; e. Right to have child bear parent’s name; and

3. To provide them with moral and spiritual f. Right to prevent adoption of child without parents’
guidance, inculcate in them honesty, integrity, consent. (Rabuya, 2009)
self-discipline, self-reliance, industry and thrift,
Right to Child’s Custody
stimulate their interest in civic affairs, and
inspire in them compliance with the duties of The right of parents to the custody of their minor
citizenship; children is one of the natural rights incidental to
parenthood, a right supported by law and sound
4. To enhance, protect, preserve and maintain
public policy. The right is an inherent one, which is not
their physical and mental health at all times;
created by the State or decisions of the courts but
5. To furnish them with good and wholesome derives from the nature of the parental relationship.
educational materials, supervise their
Parents’ Right to Custody of the Child
activities, recreation and association with
others, protect them from bad company, and GR: Parents are never deprived of the custody and
prevent them from acquiring habits care of their children.
detrimental to their health, studies and morals;
XPNs:
6. To represent them in all matters affecting
their interests; 1. For cause;
7. To demand from them respect and NOTE: The law presumes that the child’s
obedience; welfare will be best served in the care and control of
his parents. 2. If in consideration of the child’s welfare
8. To impose discipline on them as may be or wellbeing, custody may be given even to a
required under the circumstances; and nonrelative.
9. To perform such other duties as are Basis for the Duty to Provide Support
imposed by law upon parents and guardians.
Family ties or relationship, not parental authority.
Effects of Parental Authority upon the Person of
the Children NOTE: The obligation of the parents to
provide support is not coterminous with the
Parental rights mean the sum total of the rights of the exercise of parental authority.
parents to the child, as well as the rights of the child in
and to the parent/s. Under the modern concept, Rule on the Parent’s Duty of Representation
however, the concept of parental rights is merely
ancillary to the performance of parental duties. In GR: Parents are duty-bound to represent their minor
other words, the obligational aspect is now supreme. children in all matters affecting their interests (Art.
220(5), FC).
The following are parental rights protected to varying
degrees by constitution and statutes: NOTE: This duty extends to representation in
court litigations. (Sec. 5, Rule 5, ROC)
a. Physical possession of child (custody);

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XPN: A guardian ad litem may be appointed by the GR: They are principally and solidarily liable for
court to represent the child when the best interest of damages caused by the acts or omissions of the child
the child so requires. (Art. 222, FC) while under their supervision, instruction, or custody.

Scope of the Parent’s Right to Discipline the Child XPN: Unless they exercised the proper diligence
required under the particular circumstance. This may
Persons exercising parental authority may: extinguish the liability with the minor. (Art. 219, FC)

1. Impose discipline on minor children as may NOTE: Parents, judicial guardians, or those
be required under the circumstances; or exercising substitute parental authority over the minor
are subsidiarily liable for said acts and omissions of
2. Petition the court for the imposition of the minor.
appropriate disciplinary measures upon the
child, which include the commitment of the Effects of Parental Authority upon the property of
child in entities or institutions engaged in the children
childcare or in children’s homes duly
accredited by the proper government agency. Legal guardianship can be exercised by the father or
(Art. 223, FC) mother, jointly, without need of court appointment
over the property of an emancipated child.
NOTE: Such commitment must not
exceed 30 days. NOTE: In case of disagreement, the father’s decision
shall prevail unless there is a judicial order to the
Limitations on the Exercise of the Right to contrary. (Art. 229, FC)
Discipline the Child and its Consequences

Persons exercising such right are not allowed to:

1. Treat the child with excessive harshness or cruelty; Kinds of Properties of a Minor
or
ADVENTITIOUS (Art. PROSFECTITIOUS
2. Inflict corporal punishment. 226, FC) (Art. 227, FC)

Otherwise, the following are its 1. Earned or acquired by 1. Property given by the
consequences: the child through his parents to the child for
work or industry by the latter to administer;
1. Parental authority may be suspended; onerous or gratuitous 2. Owned by the
title; parents;
2. Parent concerned may be held criminally 2. Owned by the child; 3. Parents are
liable for violation of R.A. No. 7160 also 3. Child is also the usufructuary;
known as “Child Abuse Law” usufructuary, but the 4. Property administered
child’s use of the by the child
Liability of Parents for Crimes Committed by their property shall be
Minor Children secondary to all
collective daily needs of
Parents are also civilly liable for the felonies the family; and
committed by their minor children under Art. 101 of 4. Administered by the
the RPC. parents.

NOTE: The provision of the RPC does not cover

Necessity of Posting a Bond by the Parents
situations where the issue of the civil liability of
parents is based on crimes committed by their minor A parent is required to post a bond if the market value
children over 9 but under 15 years of age, who acted of the property or the annual income of the child
with discernment, and also of minors 15 years of age. exceeds P50,000.
This shall be resolved under Art. 2180 of the NCC.
NOTE: The bond shall not be less than 10% of the
Liability of Persons Exercising Special Parental value of the property or annual income. (Art. 225, FC)
Authority over the child
Rules regarding the use of the child’s property

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1. The property of minor children shall be devoted to d. Final judgment divesting parents of parental
their support and education unless the title or transfer authority;
provides otherwise.
e. Incapacity of parent exercising parental
2. The parents have the right to use only the fruits and authority;
income of said property for the following purposes:
f. Judicial declaration of absence or incapacity
a. Primarily, to the child’s support; of person exercising parental authority. (Art.
229, FC)
b. Secondarily, to the collective daily needs of the
family. (Art. 226, FC) NOTE: In case of temporary termination of parental
authority, parental authority may be revived through a
NOTE: Income of the child may be used to help pay court judgment. (Rabuya, 2009)
the daily collective needs of the family when the
former’s property or income is more than sufficient to Grounds for Suspension of Parental Authority
maintain his or her needs.
1. Gives the child Corrupting orders, counsel, or
example;

2. Treats child with excessive Harshness and cruelty;

Rule on Lease of Property Belonging to Minor 3. Subjects the child or allows them to be subjected to
Children Acts of lasciviousness;

GR: The parents, as legal guardians of the minor’s 4. Compels the child to Beg;
property, may validly lease the same, even without
court authorization, because lease has been 5. Culpable negligence of parent or person exercising
considered as an act of administration. parental authority (Art. 231, FC);

XPNs: Court authorization is required if: 6. Conviction of crime with penalty of civil Interdiction;
(Art. 230, FC) NOTE: If the ground for suspension of
1. If the lease will be recorded in the Registry of parental authority is civil interdiction, the suspension
Property; is automatic so as its reinstatement. (Art. 230, FC)

2. If the lease is for a period of more than one year, NOTE: If the person exercising parental authority has
because this is already deemed an act of dominion. subjected the child or allowed him to be subjected to
(Art. 1647, NCC) sexual abuse, they shall be permanently deprived of
parental authority. (Art. 232, FC)
Grounds for Termination of Parental Authority
Revocation of suspension of Parental Authority
1. Permanently; and its Revival

a. Death of parents; The suspension may be revoked, and parental

authority revived by filing a case for the purpose, or in
b. Emancipation of the child; the same proceeding if the court finds that the cause
therefore had ceased and will not be repeated.
NOTE: Child is emancipated upon reaching Transfer or renunciation of Parental Authority
the age of majority.
GR: Parental authority and responsibility are
c. Death of child. (Art. 228, FC) inalienable and may not be transferred and
renounced.
2. Temporarily – it may be revived through
XPN: In cases authorized by law.
a. Adoption of the child;
Loss of parental authority over the minor under
b. Appointment of general guardian; the Child Abuse Law
c. Judicial declaration of abandonment of the When an ascendant, step-parent,or guardian of the
child in a case filed for the purpose; minor, induces, delivers, or offers him to any person
who would keep or have in his company such minor,
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12 years or under or who in 10 years or more his become the property of some person as present
junior, in any public or private place, hotel, motel, beer interest
joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or
similar places. Corporal Punishment It is the infliction
of physical disciplinary measures to a student. This is
absolutely prohibited under the FC. (Sta. Maria, 2010)

NOTE: While a teacher is administratively

liable or civilly liable in the event that he or
she inflicts corporal punishment to a student,
it has been held that where there was no
criminal intent on the part of the teacher who
angrily and repeatedly whipped a student
resulting in slight physical injuries to the said
student and where the purpose of the teacher
was to discipline a student, the said teacher
cannot be held feloniously liable for the
criminal offense of slight physical injuries.

Emancipation - It is the release of a person from

parental authority whereby he becomes capacitated
for civil life. It takes place by attainment of majority at
the age of 18 years. (Art. 234, FC, as amended by
R.A. No. 6809)

Effects of Emancipation

1. Parental authority over the person and property of

the child is terminated.

2. Child shall be qualified and responsible for all acts

of civil life. (Art. 236, FC)

Rights and obligations retained by the parents

even after the termination of parental authority

1. Contracting marriage shall require parental consent

until the age of 21.

2. The responsibility of parents or guardians for

children and wards below 21 under Art. 2180(2) and
(3) of the NCC shall not be derogated.

3. The parents are still liable for the quasidelict

committed by said child if the latter is below 21.

Retroactivity of Family Code

GR: The Code shall have retroactive effect. (Art. 256,

FC)

XPN: When retroactivity would prejudice vested

rights. Vested right Some right or interest in property
that has become fixed or established and is no longer
open to doubt or controversy. Rights are vested when
the right to enjoyment, present or prospective, has
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