TITLE I MARRIAGE Chapter 1. Requisites of Marriage Article 1.

Marriage is a special contract of permanent union between a man an a woman entere into in accor ance with law for the establishment of con!ugal an famil" life. It is the foun ation of the famil" an an in#iolable social institution whose nature$ consequences$ an inci ents are go#erne b" law an not sub!ect to stipulation$ e%cept that marriage settlements ma" fi% the propert" relations uring the marriage within the limits pro#i e b" this Co e. Art. &. 'o marriage shall be #ali $ unless these essential requisites are present( )1* Legal capacit" of the contracting parties who must be a male an a female+ an )&* Consent freel" gi#en in the presence of the solemni,ing officer. Art. .. The formal requisites of marriage are( )1* Authorit" of the solemni,ing officer+ )&* A #ali marriage license e%cept in the cases pro#i e for in Chapter & of this Title+ an ).* A marriage ceremon" which ta/es place with the appearance of the contracting parties before the solemni,ing officer an their personal eclaration that the" ta/e each other as husban an wife in the presence of not less than two witnesses of legal age. Art. 0. The absence of an" of the essential or formal requisites shall ren er the marriage #oi ab initio$ e%cept as state in Article .- )&*. A efect in an" of the essential requisites shall not affect the #ali it" of the marriage but the part" or parties responsible for the irregularit" shall be ci#ill"$ criminall" an a ministrati#el" liable. )n* Art. -. An" male or female of the age of eighteen "ears or upwar s not un er an" of the impe iments mentione in Articles .1 an .2$ ma" contract marriage. Art. 3. 'o prescribe form or religious rite for the solemni,ation of the marriage is require . It shall be necessar"$ howe#er$ for the contracting
)-.a*

parties to appear personall" before the solemni,ing officer an eclare in the presence of not less than two witnesses of legal age that the" ta/e each other as husban an wife. This eclaration shall be containe in the marriage certificate which shall be signe b" the contracting parties an their witnesses an atteste b" the solemni,ing officer. In case of a marriage in articulo mortis$ when the part" at the point of eath is unable to sign the marriage certificate$ it shall be sufficient for one of the witnesses to the marriage to write the name of sai part"$ which fact shall be atteste b" the solemni,ing officer. Art. 1. Marriage ma" be solemni,e b"( )1* An" incumbent member of the !u iciar" within the court4s !uris iction+ )&* An" priest$ rabbi$ imam$ or minister of an" church or religious sect ul" authori,e b" his church or religious sect an registere with the ci#il registrar general$ acting within the limits of the written authorit" grante b" his church or religious sect an pro#i e that at least one of the contracting parties belongs to the solemni,ing officer4s church or religious sect+ ).* An" ship captain or airplane chief onl" in the case mentione Article.1+ in

)0* An" militar" comman er of a unit to which a chaplain is assigne $ in the absence of the latter$ uring a militar" operation$ li/ewise onl" in the cases mentione in Article .&+ )-* An" consul5general$ consul or #ice5consul in the case pro#i e Article 16. in

Article. 2. The marriage shall be solemni,e publicl" in the chambers of the !u ge or in open court$ in the church$ chapel or temple$ or in the office the consul5general$ consul or #ice5consul$ as the case ma" be$ an not elsewhere$ e%cept in cases of marriages contracte on the point of eath or in remote places in accor ance with Article &7 of this Co e$ or where both of the parties request the solemni,ing officer in writing in which case the marriage ma" be solemni,e at a house or place esignate b" them in a sworn statement to that effect. Art. 7. A marriage license shall be issue b" the local ci#il registrar of the cit" or municipalit" where either contracting part" habituall" resi es$ e%cept

in marriages where no license is require this Title.

in accor ance with Chapter & of

Art. 16. Marriages between 8ilipino citi,ens abroa ma" be solemni,e b" a consul5general$ consul or #ice5consul of the Republic of the 9hilippines. The issuance of the marriage license an the uties of the local ci#il registrar an of the solemni,ing officer with regar to the celebration of marriage shall be performe b" sai consular official. Art. 11. :here a marriage license is require $ each of the contracting parties shall file separatel" a sworn application for such license with the proper local ci#il registrar which shall specif" the following( )1* 8ull name of the contracting part"+ )&* 9lace of birth+ ).* Age an ate of birth+

)0* Ci#il status+ )-* If pre#iousl" marrie $ how$ when an was issol#e or annulle + )3* 9resent resi ence an citi,enship+ )1* ;egree of relationship of the contracting parties+ )2* 8ull name$ resi ence an citi,enship of the father+ )7* 8ull name$ resi ence an citi,enship of the mother+ an )16* 8ull name$ resi ence an citi,enship of the guar ian or person ha#ing charge$ in case the contracting part" has neither father nor mother an is un er the age of twent"5one "ears. The applicants$ their parents or guar ians shall not be require to e%hibit their resi ence certificates in an" formalit" in connection with the securing of the marriage license. Art. 1&. The local ci#il registrar$ upon recei#ing such application$ shall require the presentation of the original birth certificates or$ in efault thereof$ the baptismal certificates of the contracting parties or copies of such ocuments ul" atteste b" the persons ha#ing custo " of the originals. where the pre#ious marriage

These certificates or certifie copies of the ocuments b" this Article nee not be sworn to an shall be e%empt from the ocumentar" stamp ta%. The signature an official title of the person issuing the certificate shall be sufficient proof of its authenticit". If either of the contracting parties is unable to pro uce his birth or baptismal certificate or a certifie cop" of either because of the estruction or loss of the original or if it is shown b" an affi a#it of such part" or of an" other person that such birth or baptismal certificate has not "et been recei#e though the same has been require of the person ha#ing custo " thereof at least fifteen a"s prior to the ate of the application$ such part" ma" furnish in lieu thereof his current resi ence certificate or an instrument rawn up an sworn to before the local ci#il registrar concerne or an" public official authori,e to a minister oaths. <uch instrument shall contain the sworn eclaration of two witnesses of lawful age$ setting forth the full name$ resi ence an citi,enship of such contracting part" an of his or her parents$ if /nown$ an the place an ate of birth of such part". The nearest of /in of the contracting parties shall be preferre as witnesses$ or$ in their efault$ persons of goo reputation in the pro#ince or the localit". The presentation of birth or baptismal certificate shall not be require if the parents of the contracting parties appear personall" before the local ci#il registrar concerne an swear to the correctness of the lawful age of sai parties$ as state in the application$ or when the local ci#il registrar shall$ b" merel" loo/ing at the applicants upon their personall" appearing before him$ be con#ince that either or both of them ha#e the require age. Art. 1.. In case either of the contracting parties has been pre#iousl" marrie $ the applicant shall be require to furnish$ instea of the birth or baptismal certificate require in the last prece ing article$ the eath certificate of the ecease spouse or the !u icial ecree of the absolute i#orce$ or the !u icial ecree of annulment or eclaration of nullit" of his or her pre#ious marriage. In case the eath certificate cannot be secure $ the part" shall ma/e an affi a#it setting forth this circumstance an his or her actual ci#il status an the name an ate of eath of the ecease spouse. Art. 10. In case either or both of the contracting parties$ not ha#ing been emancipate b" a pre#ious marriage$ are between the ages of eighteen an twent"5one$ the" shall$ in a ition to the requirements of the prece ing articles$ e%hibit to the local ci#il registrar$ the consent to their marriage of their father$ mother$ sur#i#ing parent or guar ian$ or persons ha#ing legal charge of them$ in the or er mentione . <uch consent shall be manifeste in

writing b" the intereste part"$ who personall" appears before the proper local ci#il registrar$ or in the form of an affi a#it ma e in the presence of two witnesses an atteste before an" official authori,e b" law to a minister oaths. The personal manifestation shall be recor e in both applications for marriage license$ an the affi a#it$ if one is e%ecute instea $ shall be attache to sai applications. Art. 1-. An" contracting part" between the age of twent"5one an twent"5 fi#e shall be oblige to as/ their parents or guar ian for a #ice upon the inten e marriage. If the" o not obtain such a #ice$ or if it be unfa#orable$ the marriage license shall not be issue till after three months following the completion of the publication of the application therefor. A sworn statement b" the contracting parties to the effect that such a #ice has been sought$ together with the written a #ice gi#en$ if an"$ shall be attache to the application for marriage license. <houl the parents or guar ian refuse to gi#e an" a #ice$ this fact shall be state in the sworn statement. Art. 13. In the cases where parental consent or parental a #ice is nee e $ the part" or parties concerne shall$ in a ition to the requirements of the prece ing articles$ attach a certificate issue b" a priest$ imam or minister authori,e to solemni,e marriage un er Article 1 of this Co e or a marriage counselor ul" accre ite b" the proper go#ernment agenc" to the effect that the contracting parties ha#e un ergone marriage counseling. 8ailure to attach sai certificates of marriage counseling shall suspen the issuance of the marriage license for a perio of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibite perio shall sub!ect the issuing officer to a ministrati#e sanctions but shall not affect the #ali it" of the marriage. <houl onl" one of the contracting parties nee parental consent or parental a #ice$ the other part" must be present at the counseling referre to in the prece ing paragraph. )n* Art. 11. The local ci#il registrar shall prepare a notice which shall contain the full names an resi ences of the applicants for a marriage license an other ata gi#en in the applications. The notice shall be poste for ten consecuti#e a"s on a bulletin boar outsi e the office of the local ci#il registrar locate in a conspicuous place within the buil ing an accessible to the general public. This notice shall request all persons ha#ing /nowle ge of an" impe iment to the marriage to a #ise the local ci#il registrar thereof. The marriage license shall be issue after the completion of the perio of publication.

Art. 12. In case of an" impe iment /nown to the local ci#il registrar or brought to his attention$ he shall note own the particulars thereof an his fin ings thereon in the application for marriage license$ but shall nonetheless issue sai license after the completion of the perio of publication$ unless or ere otherwise b" a competent court at his own instance or that of an" interest part". 'o filing fee shall be charge for the petition nor a correspon ing bon require for the issuances of the or er. Art. 17. The local ci#il registrar shall require the pa"ment of the fees prescribe b" law or regulations before the issuance of the marriage license. 'o other sum shall be collecte in the nature of a fee or ta% of an" /in for the issuance of sai license. It shall$ howe#er$ be issue free of charge to in igent parties$ that is those who ha#e no #isible means of income or whose income is insufficient for their subsistence a fact establishe b" their affi a#it$ or b" their oath before the local ci#il registrar. Art. &6. The license shall be #ali in an" part of the 9hilippines for a perio of one hun re twent" a"s from the ate of issue$ an shall be eeme automaticall" cancele at the e%piration of the sai perio if the contracting parties ha#e not ma e use of it. The e%pir" ate shall be stampe in bol characters on the face of e#er" license issue . Art. &1. :hen either or both of the contracting parties are citi,ens of a foreign countr"$ it shall be necessar" for them before a marriage license can be obtaine $ to submit a certificate of legal capacit" to contract marriage$ issue b" their respecti#e iplomatic or consular officials. <tateless persons or refugees from other countries shall$ in lieu of the certificate of legal capacit" herein require $ submit an affi a#it stating the circumstances showing such capacit" to contract marriage. Art. &&. The marriage certificate$ in which the parties shall ta/e each other as husban an wife$ shall also state( eclare that the"

)1* The full name$ se% an age of each contracting part"+ )&* Their citi,enship$ religion an habitual resi ence+ ).* The ate an precise time of the celebration of the marriage+ )0* That the proper marriage license has been issue accor ing to law$ e%cept in marriage pro#i e for in Chapter & of this Title+

)-* That either or both of the contracting parties ha#e secure parental consent in appropriate cases+

the

)3* That either or both of the contracting parties ha#e complie with the legal requirement regar ing parental a #ice in appropriate cases+ an )1* That the parties ha#e entere attaching a cop" thereof. into marriage settlement$ if an"$

Art. &.. It shall be the ut" of the person solemni,ing the marriage to furnish either of the contracting parties the original of the marriage certificate referre to in Article 3 an to sen the uplicate an triplicate copies of the certificate not later than fifteen a"s after the marriage$ to the local ci#il registrar of the place where the marriage was solemni,e . 9roper receipts shall be issue b" the local ci#il registrar to the solemni,ing officer transmitting copies of the marriage certificate. The solemni,ing officer shall retain in his file the qua ruplicate cop" of the marriage certificate$ the cop" of the marriage certificate$ the original of the marriage license an $ in proper cases$ the affi a#it of the contracting part" regar ing the solemni,ation of the marriage in place other than those mentione in Article 2. Art. &0. It shall be the ut" of the local ci#il registrar to prepare the ocuments require b" this Title$ an to a minister oaths to all intereste parties without an" charge in both cases. The ocuments an affi a#its file in connection with applications for marriage licenses shall be e%empt from ocumentar" stamp ta%. )n* Art. &-. The local ci#il registrar concerne shall enter all applications for marriage licenses file with him in a registr" boo/ strictl" in the or er in which the same are recei#e . =e shall recor in sai boo/ the names of the applicants$ the ate on which the marriage license was issue $ an such other ata as ma" be necessar". )n* Art. &3. All marriages solemni,e outsi e the 9hilippines$ in accor ance with the laws in force in the countr" where the" were solemni,e $ an #ali there as such$ shall also be #ali in this countr"$ e%cept those prohibite un er Articles .- )1*$ )0*$ )-* an )3*$ .3.1 an .2. :here a marriage between a 8ilipino citi,en an a foreigner is #ali l" celebrate an a i#orce is thereafter #ali l" obtaine abroa b" the alien spouse capacitating him or her to remarr"$ the 8ilipino spouse shall ha#e capacit" to remarr" un er 9hilippine law. )As amen e b" E%ecuti#e >r er &&1*

Chapter &. Marriages E%empte from License Requirement Art. &1. In case either or both of the contracting parties are at the point of eath$ the marriage ma" be solemni,e without necessit" of a marriage license an shall remain #ali e#en if the ailing part" subsequentl" sur#i#es. Art. &2. If the resi ence of either part" is so locate that there is no means of transportation to enable such part" to appear personall" before the local ci#il registrar$ the marriage ma" be solemni,e without necessit" of a marriage license. Art. &7. In the cases pro#i e for in the two prece ing articles$ the solemni,ing officer shall state in an affi a#it e%ecute before the local ci#il registrar or an" other person legall" authori,e to a minister oaths that the marriage was performe in articulo mortis or that the resi ence of either part"$ specif"ing the barrio or baranga"$ is so locate that there is no means of transportation to enable such part" to appear personall" before the local ci#il registrar an that the officer too/ the necessar" steps to ascertain the ages an relationship of the contracting parties an the absence of legal impe iment to the marriage. Art. .6. The original of the affi a#it require in the last prece ing article$ together with the legible cop" of the marriage contract$ shall be sent b" the person solemni,ing the marriage to the local ci#il registrar of the municipalit" where it was performe within the perio of thirt" a"s after the performance of the marriage. Art. .1. A marriage in articulo mortis between passengers or crew members ma" also be solemni,e b" a ship captain or b" an airplane pilot not onl" while the ship is at sea or the plane is in flight$ but also uring stopo#ers at ports of call. Art. .&. A militar" comman er of a unit$ who is a commissione officer$ shall li/ewise ha#e authorit" to solemni,e marriages in articulo mortis between persons within the ,one of militar" operation$ whether members of the arme forces or ci#ilians. Art. ... Marriages among Muslims or among members of the ethnic cultural communities ma" be performe #ali l" without the necessit" of marriage license$ pro#i e the" are solemni,e in accor ance with their customs$ rites or practices. Art. .0. 'o license shall be necessar" for the marriage of a man an a woman who ha#e li#e together as husban an wife for at least fi#e "ears

an without an" legal impe iment to marr" each other. The contracting parties shall state the foregoing facts in an affi a#it before an" person authori,e b" law to a minister oaths. The solemni,ing officer shall also state un er oath that he ascertaine the qualifications of the contracting parties are foun no legal impe iment to the marriage. Chapter .. ?oi an ?oi able Marriages Art. .-. The following marriages shall be #oi from the beginning( )1* Those contracte b" an" part" below eighteen "ears of age e#en with the consent of parents or guar ians+ )&* Those solemni,e b" an" person not legall" authori,e to perform marriages unless such marriages were contracte with either or both parties belie#ing in goo faith that the solemni,ing officer ha the legal authorit" to o so+ ).* Those solemni,e prece ing Chapter+ without license$ e%cept those co#ere the

)0* Those bigamous or pol"gamous marriages not failing un er Article 01+ )-* Those contracte through mista/e of one contracting part" as to the i entit" of the other+ an )3* Those subsequent marriages that are #oi un er Article -.. Art. .3. A marriage contracte b" an" part" who$ at the time of the celebration$ was ps"chologicall" incapacitate to compl" with the essential marital obligations of marriage$ shall li/ewise be #oi e#en if such incapacit" becomes manifest onl" after its solemni,ation. )As amen e b" E%ecuti#e >r er &&1* Art. .1. Marriages between the following are incestuous an #oi from the beginning$ whether relationship between the parties be legitimate or illegitimate( )1* @etween ascen ants an escen ants of an" egree+ an

)&* @etween brothers an sisters$ whether of the full or half bloo . Art. .2. The following marriages shall be #oi from the beginning for reasons of public polic"(

)1* @etween collateral bloo relati#es illegitimate$ up to the fourth ci#il egree+ )&* @etween step5parents an step5chil ren+

whether

legitimate

or

).* @etween parents5in5law an chil ren5in5law+ )0* @etween the a opting parent an the a opte chil + )-* @etween the sur#i#ing spouse of the a opting parent an a opte chil + )3* @etween the sur#i#ing spouse of the a opte a opter+ chil an the the

)1* @etween an a opte chil an a legitimate chil of the a opter+ )2* @etween a opte chil ren of the same a opter+ an )7* @etween parties where one$ with the intention to marr" the other$ /ille that other person4s spouse$ or his or her own spouse. )2&* Art. .7. The action or efense for the eclaration of absolute nullit" of a marriage shall not prescribe. )As amen e b" E%ecuti#e >r er &&1 an Republic Act 'o. 2-..+ The
phrase "However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect" has been elete b" Republic Act 'o. 2-.. AAppro#e 8ebruar" &.$ 1772B*.

Art. 06. The absolute nullit" of a pre#ious marriage ma" be in#o/e for purposes of remarriage on the basis solel" of a final !u gment eclaring such pre#ious marriage #oi . )n* Art. 01. A marriage contracte b" an" person uring subsistence of a pre#ious marriage shall be null an #oi $ unless before the celebration of the subsequent marriage$ the prior spouse ha been absent for four consecuti#e "ears an the spouse present has a well5foun e belief that the absent spouse was alrea " ea . In case of isappearance where there is anger of eath un er the circumstances set forth in the pro#isions of Article .71 of the Ci#il Co e$ an absence of onl" two "ears shall be sufficient. 8or the purpose of contracting the subsequent marriage un er the prece ing paragraph the spouse present must institute a summar" procee ing as pro#i e in this Co e for the eclaration of presumpti#e eath of the absentee$ without pre!u ice to the effect of reappearance of the absent spouse.

Art. 0&. The subsequent marriage referre to in the prece ing Article shall be automaticall" terminate b" the recor ing of the affi a#it of reappearance of the absent spouse$ unless there is a !u gment annulling the pre#ious marriage or eclaring it #oi ab initio. A sworn statement of the fact an circumstances of reappearance shall be recor e in the ci#il registr" of the resi ence of the parties to the subsequent marriage at the instance of an" intereste person$ with ue notice to the spouses of the subsequent marriage an without pre!u ice to the fact of reappearance being !u iciall" etermine in case such fact is ispute . )n* Art. 0.. The termination of the subsequent marriage referre prece ing Article shall pro uce the following effects( )1* The chil ren of the subsequent marriage concei#e termination shall be consi ere legitimate+ to in the prior to its

)&* The absolute communit" of propert" or the con!ugal partnership$ as the case ma" be$ shall be issol#e an liqui ate $ but if either spouse contracte sai marriage in ba faith$ his or her share of the net profits of the communit" propert" or con!ugal partnership propert" shall be forfeite in fa#or of the common chil ren or$ if there are none$ the chil ren of the guilt" spouse b" a pre#ious marriage or in efault of chil ren$ the innocent spouse+ ).* ;onations b" reason of marriage shall remain #ali $ e%cept that if the onee contracte the marriage in ba faith$ such onations ma e to sai onee are re#o/e b" operation of law+ )0* The innocent spouse ma" re#o/e the esignation of the other spouse who acte in ba faith as beneficiar" in an" insurance polic"$ e#en if such esignation be stipulate as irre#ocable+ an )-* The spouse who contracte the subsequent marriage in ba faith shall be isqualifie to inherit from the innocent spouse b" testate an intestate succession. )n* Art. 00. If both spouses of the subsequent marriage acte in ba faith$ sai marriage shall be #oi ab initio an all onations b" reason of marriage an testamentar" ispositions ma e b" one in fa#or of the other are re#o/e b" operation of law. )n*

Art. 0-. A marriage ma" be annulle for an" of the following causes$ e%isting at the time of the marriage( )1* That the part" in whose behalf it is sought to ha#e the marriage annulle was eighteen "ears of age or o#er but below twent"5one$ an the marriage was solemni,e without the consent of the parents$ guar ian or person ha#ing substitute parental authorit" o#er the part"$ in that or er$ unless after attaining the age of twent"5one$ such part" freel" cohabite with the other an both li#e together as husban an wife+ )&* That either part" was of unsoun min $ unless such part" after coming to reason$ freel" cohabite with the other as husban an wife+ ).* That the consent of either part" was obtaine b" frau $ unless such part" afterwar s$ with full /nowle ge of the facts constituting the frau $ freel" cohabite with the other as husban an wife+ )0* That the consent of either part" was obtaine b" force$ intimi ation or un ue influence$ unless the same ha#ing isappeare or cease $ such part" thereafter freel" cohabite with the other as husban an wife+ )-* That either part" was ph"sicall" incapable of consummating the marriage with the other$ an such incapacit" continues an appears to be incurable+ or )3* That either part" was afflicte with a se%uall"5transmissible isease foun to be serious an appears to be incurable. Art. 03. An" of the following circumstances shall constitute frau referre to in 'umber . of the prece ing Article( )1* 'on5 isclosure of a pre#ious con#iction b" final !u gment of the other part" of a crime in#ol#ing moral turpitu e+ )&* Concealment b" the wife of the fact that at the time of the marriage$ she was pregnant b" a man other than her husban + ).* Concealment of se%uall" transmissible isease$ regar less of its nature$ e%isting at the time of the marriage+ or )0* Concealment of rug a iction$ habitual alcoholism homose%ualit" or lesbianism e%isting at the time of the marriage. or

'o other misrepresentation or eceit as to character$ health$ ran/$ fortune or chastit" shall constitute such frau as will gi#e groun s for action for the annulment of marriage. Art. 01. The action for annulment of marriage must be file persons an within the perio s in icate herein( b" the following

)1* 8or causes mentione in number 1 of Article 0- b" the part" whose parent or guar ian i not gi#e his or her consent$ within fi#e "ears after attaining the age of twent"5one$ or b" the parent or guar ian or person ha#ing legal charge of the minor$ at an" time before such part" has reache the age of twent"5one+ )&* 8or causes mentione in number & of Article 0-$ b" the same spouse$ who ha no /nowle ge of the other4s insanit"+ or b" an" relati#e or guar ian or person ha#ing legal charge of the insane$ at an" time before the eath of either part"$ or b" the insane spouse uring a luci inter#al or after regaining sanit"+ ).* 8or causes mentione in number . of Article 0-$ b" the in!ure part"$ within fi#e "ears after the isco#er" of the frau + )0* 8or causes mentione in number 0 of Article 0-$ b" the in!ure part"$ within fi#e "ears from the time the force$ intimi ation or un ue influence isappeare or cease + )-* 8or causes mentione in number - an 3 of Article 0-$ b" the in!ure part"$ within fi#e "ears after the marriage. Art. 02. In all cases of annulment or eclaration of absolute nullit" of marriage$ the Court shall or er the prosecuting attorne" or fiscal assigne to it to appear on behalf of the <tate to ta/e steps to pre#ent collusion between the parties an to ta/e care that e#i ence is not fabricate or suppresse . In the cases referre to in the prece ing paragraph$ no !u gment shall be base upon a stipulation of facts or confession of !u gment. Art. 07. ;uring the pen enc" of the action an in the absence of a equate pro#isions in a written agreement between the spouses$ the Court shall pro#i e for the support of the spouses an the custo " an support of their common chil ren. The Court shall gi#e paramount consi eration to the moral an material welfare of sai chil ren an their choice of the parent with whom the" wish to remain as pro#i e to in Title IC. It shall also pro#i e for appropriate #isitation rights of the other parent. )n*

Art. -6. The effects pro#i e for b" paragraphs )&*$ ).*$ )0* an )-* of Article 0. an b" Article 00 shall also appl" in the proper cases to marriages which are eclare ab initio or annulle b" final !u gment un er Articles 06 an 0-. The final !u gment in such cases shall pro#i e for the liqui ation$ partition an istribution of the properties of the spouses$ the custo " an support of the common chil ren$ an the eli#er" of thir presumpti#e legitimes$ unless such matters ha been a !u icate in pre#ious !u icial procee ings. All cre itors of the spouses as well as of the absolute communit" or the con!ugal partnership shall be notifie of the procee ings for liqui ation. In the partition$ the con!ugal welling an the lot on which it is situate $ shall be a !u icate in accor ance with the pro#isions of Articles 16& an 1&7. Art. -1. In sai partition$ the #alue of the presumpti#e legitimes of all common chil ren$ compute as of the ate of the final !u gment of the trial court$ shall be eli#ere in cash$ propert" or soun securities$ unless the parties$ b" mutual agreement !u iciall" appro#e $ ha alrea " pro#i e for such matters. The chil ren or their guar ian or the trustee of their propert" ma" as/ for the enforcement of the !u gment. The eli#er" of the presumpti#e legitimes herein prescribe shall in no wa" pre!u ice the ultimate successional rights of the chil ren accruing upon the eath of either of both of the parents+ but the #alue of the properties alrea " recei#e un er the ecree of annulment or absolute nullit" shall be consi ere as a #ances on their legitime. )n* Art. -&. The !u gment of annulment or of absolute nullit" of the marriage$ the partition an istribution of the properties of the spouses an the eli#er" of the chil ren4s presumpti#e legitimes shall be recor e in the appropriate ci#il registr" an registries of propert"+ otherwise$ the same shall not affect thir persons. )n* Art. -.. Either of the former spouses ma" marr" again after compliance with the requirements of the imme iatel" prece ing Article+ otherwise$ the subsequent marriage shall be null an #oi . Art. -0. Chil ren concei#e or born before the !u gment of annulment or absolute nullit" of the marriage un er Article .3 has become final an

e%ecutor" shall be consi ere legitimate. Chil ren concei#e or born of the subsequent marriage un er Article -. shall li/ewise be legitimate. TITLE II LEGAL <E9ARATI>' Art. --. A petition for legal separation ma" be file on an" of the following groun s( )1* Repeate ph"sical #iolence or grossl" abusi#e con uct irecte against the petitioner$ a common chil $ or a chil of the petitioner+ )&* 9h"sical #iolence or moral pressure to compel the petitioner to change religious or political affiliation+ ).* Attempt of respon ent to corrupt or in uce the petitioner$ a common chil $ or a chil of the petitioner$ to engage in prostitution$ or conni#ance in such corruption or in ucement+ )0* 8inal !u gment sentencing the respon ent to imprisonment of more than si% "ears$ e#en if par one + )-* ;rug a iction or habitual alcoholism of the respon ent+

)3* Lesbianism or homose%ualit" of the respon ent+ )1* Contracting b" the respon ent of a subsequent bigamous marriage$ whether in the 9hilippines or abroa + )2* <e%ual infi elit" or per#ersion+ )7* Attempt b" the respon ent against the life of the petitioner+ or )16* Aban onment of petitioner b" respon ent without !ustifiable cause for more than one "ear. 8or purposes of this Article$ the term "child" shall inclu e a chil b" nature or b" a option. Art. -3. The petition for legal separation shall be following groun s( )1* :here the aggrie#e complaine of+ part" has con one enie on an" of the

the offense or act

)&* :here the aggrie#e part" has consente to the commission of the offense or act complaine of+ ).* :here there is conni#ance between the parties in the commission of the offense or act constituting the groun for legal separation+ )0* :here both parties ha#e gi#en groun for legal separation+ )-* :here there is collusion between the parties to obtain legal separation+ or )3* :here the action is barre b" prescription. Art. -1. An action for legal separation shall be file within fi#e "ears from the time of the occurrence of the cause. Art. -2. An action for legal separation shall in no case be trie months shall ha#e elapse since the filing of the petition. before si% ecree of

Art. -7. 'o legal separation ma" be ecree unless the Court has ta/en steps towar the reconciliation of the spouses an is full" satisfie $ espite such efforts$ that reconciliation is highl" improbable. )n* Art. 36. 'o ecree of legal separation shall be base facts or a confession of !u gment. upon a stipulation of

In an" case$ the Court shall or er the prosecuting attorne" or fiscal assigne to it to ta/e steps to pre#ent collusion between the parties an to ta/e care that the e#i ence is not fabricate or suppresse . Art. 31. After the filing of the petition for legal separation$ the spouses shall be entitle to li#e separatel" from each other. The court$ in the absence of a written agreement between the spouses$ shall esignate either of them or a thir person to a minister the absolute communit" or con!ugal partnership propert". The a ministrator appointe b" the court shall ha#e the same powers an uties as those of a guar ian un er the Rules of Court. Art. 3&. ;uring the pen enc" of the action for legal separation$ the pro#isions of Article 07 shall li/ewise appl" to the support of the spouses an the custo " an support of the common chil ren. Art. 3.. The ecree of legal separation shall ha#e the following effects(

)1* The spouses shall be entitle to li#e separatel" from each other$ but the marriage bon s shall not be se#ere + )&* The absolute communit" or the con!ugal partnership shall be issol#e an liqui ate but the offen ing spouse shall ha#e no right to an" share of the net profits earne b" the absolute communit" or the con!ugal partnership$ which shall be forfeite in accor ance with the pro#isions of Article 0.)&*+ ).* The custo " of the minor chil ren shall be awar e to the innocent spouse$ sub!ect to the pro#isions of Article &1. of this Co e+ an )0* The offen ing spouse shall be isqualifie from inheriting from the innocent spouse b" intestate succession. Moreo#er$ pro#isions in fa#or of the offen ing spouse ma e in the will of the innocent spouse shall be re#o/e b" operation of law. Art. 30. After the finalit" of the ecree of legal separation$ the innocent spouse ma" re#o/e the onations ma e b" him or b" her in fa#or of the offen ing spouse$ as well as the esignation of the latter as beneficiar" in an" insurance polic"$ e#en if such esignation be stipulate as irre#ocable. The re#ocation of the onations shall be recor e in the registries of propert" in the places where the properties are locate . Alienations$ liens an encumbrances registere in goo faith before the recor ing of the complaint for re#ocation in the registries of propert" shall be respecte . The re#ocation of or change in the esignation of the insurance beneficiar" shall ta/e effect upon written notification thereof to the insure . The action to re#o/e the onation un er this Article must be brought within fi#e "ears from the time the ecree of legal separation become final. Art. 3-. If the spouses shoul reconcile$ a correspon ing !oint manifestation un er oath ul" signe b" them shall be file with the court in the same procee ing for legal separation. )n* Art. 33. The reconciliation referre following consequences( to in the prece ing Articles shall ha#e the

)1* The legal separation procee ings$ if still pen ing$ shall thereb" be terminate at whate#er stage+ an )&* The final ecree of legal separation shall be set asi e$ but the separation of propert" an an" forfeiture of the share of the guilt"

spouse alrea " effecte shall subsist$ unless the spouses agree to re#i#e their former propert" regime. The court4s or er containing the foregoing shall be recor e ci#il registries. in the proper to in

Art. 31. The agreement to re#i#e the former propert" regime referre the prece ing Article shall be e%ecute un er oath an shall specif"( )1* The properties to be contribute anew to the restore regime+

)&* Those to be retaine as separate properties of each spouse+ an ).* The names of all their /nown cre itors$ their a amounts owing to each. resses an the

The agreement of re#i#al an the motion for its appro#al shall be file with the court in the same procee ing for legal separation$ with copies of both furnishe to the cre itors name therein. After ue hearing$ the court shall$ in its or er$ ta/e measure to protect the interest of cre itors an such or er shall be recor e in the proper registries of properties. The recor ing of the or ering in the registries of propert" shall not pre!u ice an" cre itor not liste or not notifie $ unless the ebtor5spouse has sufficient separate properties to satisf" the cre itor4s claim. TITLE III RIG=T< A'; >@LIGATI>'< @ET:EE' =D<@A'; A'; :I8E Art. 32. The husban an wife are oblige to li#e together$ obser#e mutual lo#e$ respect an fi elit"$ an ren er mutual help an support. Art. 37. The husban an wife shall fi% the famil" isagreement$ the court shall eci e. omicile. In case of

The court ma" e%empt one spouse from li#ing with the other if the latter shoul li#e abroa or there are other #ali an compelling reasons for the e%emption. =owe#er$ such e%emption shall not appl" if the same is not compatible with the soli arit" of the famil". Art. 16. The spouses are !ointl" responsible for the support of the famil". The e%penses for such support an other con!ugal obligations shall be pai from the communit" propert" an $ in the absence thereof$ from the income

or fruits of their separate properties. In case of insufficienc" or absence of sai income or fruits$ such obligations shall be satisfie from the separate properties. Art. 11. The management of the househol shall be the right an the ut" of both spouses. The e%penses for such management shall be pai in accor ance with the pro#isions of Article 16. Art. 1&. :hen one of the spouses neglects his or her uties to the con!ugal union or commits acts which ten to bring anger$ ishonor or in!ur" to the other or to the famil"$ the aggrie#e part" ma" appl" to the court for relief.

Art. 1.. Either spouse ma" e%ercise an" legitimate profession$ occupation$ business or acti#it" without the consent of the other. The latter ma" ob!ect onl" on #ali $ serious$ an moral groun s. In case of isagreement$ the court shall eci e whether or not( )1* The ob!ection is proper+ an )&* @enefit has occurre to the famil" prior to the ob!ection or thereafter. If the benefit accrue prior to the ob!ection$ the resulting obligation shall be enforce against the separate propert" of the spouse who has not obtaine consent. The foregoing pro#isions shall not pre!u ice the rights of cre itors who acte in goo faith. TITLE I? 9R>9ERTE RELATI>'< @ET:EE' =D<@A'; A'; :I8E Chapter 1. General 9ro#isions Art. 10. The propert" relationship between husban an wife shall be go#erne in the following or er( )1* @" marriage settlements e%ecute before the marriage+ )&* @" the pro#isions of this Co e+ an ).* @" the local custom.

Art. 1-. The future spouses ma"$ in the marriage settlements$ agree upon the regime of absolute communit"$ con!ugal partnership of gains$ complete separation of propert"$ or an" other regime. In the absence of a marriage settlement$ or when the regime agree upon is #oi $ the s"stem of absolute communit" of propert" as establishe in this Co e shall go#ern. Art. 13. In or er that an" mo ification in the marriage settlements ma" be #ali $ it must be ma e before the celebration of the marriage$ sub!ect to the pro#isions of Articles 33$ 31$ 1&2$ 1.- an 1.3. Art. 11. The marriage settlements an an" mo ification thereof shall be in writing$ signe b" the parties an e%ecute before the celebration of the marriage. The" shall not pre!u ice thir persons unless the" are registere in the local ci#il registr" where the marriage contract is recor e as well as in the proper registries of properties. Art. 12. A minor who accor ing to law ma" contract marriage ma" also e%ecute his or her marriage settlements$ but the" shall be #ali onl" if the persons esignate in Article 10 to gi#e consent to the marriage are ma e parties to the agreement$ sub!ect to the pro#isions of Title IC of this Co e. Art. 17. 8or the #ali it" of an" marriage settlement e%ecute b" a person upon whom a sentence of ci#il inter iction has been pronounce or who is sub!ect to an" other isabilit"$ it shall be in ispensable for the guar ian appointe b" a competent court to be ma e a part" thereto. Art. 26. In the absence of a contrar" stipulation in a marriage settlement$ the propert" relations of the spouses shall be go#erne b" 9hilippine laws$ regar less of the place of the celebration of the marriage an their resi ence. This rule shall not appl"( )1* :here both spouses are aliens+ )&* :ith respect to the e%trinsic #ali it" of contracts affecting propert" not situate in the 9hilippines an e%ecute in the countr" where the propert" is locate + an ).* :ith respect to the e%trinsic #ali it" of contracts entere into in the 9hilippines but affecting propert" situate in a foreign countr" whose laws require ifferent formalities for its e%trinsic #ali it".

Art. 21. E#er"thing stipulate in the settlements or contracts referre to in the prece ing articles in consi eration of a future marriage$ inclu ing onations between the prospecti#e spouses ma e therein$ shall be ren ere #oi if the marriage oes not ta/e place. =owe#er$ stipulations that o not epen upon the celebration of the marriages shall be #ali . Chapter &. ;onations b" Reason of Marriage Art. 2&. ;onations b" reason of marriage are those which are ma e before its celebration$ in consi eration of the same$ an in fa#or of one or both of the future spouses. Art. 2.. These onations are go#erne b" the rules on or inar" onations establishe in Title III of @oo/ III of the Ci#il Co e$ insofar as the" are not mo ifie b" the following articles. Art. 20. If the future spouses agree upon a regime other than the absolute communit" of propert"$ the" cannot onate to each other in their marriage settlements more than one5fifth of their present propert". An" e%cess shall be consi ere #oi . ;onations of future propert" shall be go#erne b" the pro#isions on testamentar" succession an the formalities of wills. Art. 2-. ;onations b" reason of marriage of propert" sub!ect to encumbrances shall be #ali . In case of foreclosure of the encumbrance an the propert" is sol for less than the total amount of the obligation secure $ the onee shall not be liable for the eficienc". If the propert" is sol for more than the total amount of sai obligation$ the onee shall be entitle to the e%cess. Art. 23. A onation b" reason of marriage ma" be re#o/e the following cases( b" the onor in

)1* If the marriage is not celebrate or !u iciall" eclare #oi ab initio e%cept onations ma e in the marriage settlements$ which shall be go#erne b" Article 21+ )&* :hen the marriage ta/es place without the consent of the parents or guar ian$ as require b" law+ ).* :hen the marriage is annulle $ an the onee acte in ba faith+ )0* Dpon legal separation$ the onee being the guilt" spouse+

)-* If it is with a resolutor" con ition an with+

the con ition is complie

)3* :hen the onee has committe an act of ingratitu e as specifie b" the pro#isions of the Ci#il Co e on onations in general. Art. 21. E#er" onation or grant of gratuitous a #antage$ irect or in irect$ between the spouses uring the marriage shall be #oi $ e%cept mo erate gifts which the spouses ma" gi#e each other on the occasion of an" famil" re!oicing. The prohibition shall also appl" to persons li#ing together as husban an wife without a #ali marriage. Chapter .. <"stem of Absolute Communit" <ection 1. General 9ro#isions Art. 22. The absolute communit" of propert" between spouses shall commence at the precise moment that the marriage is celebrate . An" stipulation$ e%press or implie $ for the commencement of the communit" regime at an" other time shall be #oi . Art. 27. 'o wai#er of rights$ shares an effects of the absolute communit" of propert" uring the marriage can be ma e e%cept in case of !u icial separation of propert". :hen the wai#er ta/es place upon a !u icial separation of propert"$ or after the marriage has been issol#e or annulle $ the same shall appear in a public instrument an shall be recor e as pro#i e in Article 11. The cre itors of the spouse who ma e such wai#er ma" petition the court to rescin the wai#er to the e%tent of the amount sufficient to co#er the amount of their cre its. Art. 76. The pro#isions on co5ownership shall appl" to the absolute communit" of propert" between the spouses in all matters not pro#i e for in this Chapter. )n* <ection &. :hat Constitutes Communit" 9ropert" Art. 71. Dnless otherwise pro#i e in this Chapter or in the marriage settlements$ the communit" propert" shall consist of all the propert" owne b" the spouses at the time of the celebration of the marriage or acquire thereafter. Art. 7&. The following shall be e%clu e from the communit" propert"(

)1* 9ropert" acquire uring the marriage b" gratuitous title b" either spouse$ an the fruits as well as the income thereof$ if an"$ unless it is e%pressl" pro#i e b" the onor$ testator or grantor that the" shall form part of the communit" propert"+ )&* 9ropert" for personal an e%clusi#e use of either spouse. =owe#er$ !ewelr" shall form part of the communit" propert"+ ).* 9ropert" acquire before the marriage b" either spouse who has legitimate escen ants b" a former marriage$ an the fruits as well as the income$ if an"$ of such propert". Art. 7.. 9ropert" acquire uring the marriage is presume to belong to the communit"$ unless it is pro#e that it is one of those e%clu e therefrom. <ection .. Charges an >bligations of the Absolute Communit" Art. 70. The absolute communit" of propert" shall be liable for( )1* The support of the spouses$ their common chil ren$ an legitimate chil ren of either spouse+ howe#er$ the support of illegitimate chil ren shall be go#erne b" the pro#isions of this Co e on <upport+ )&* All ebts an obligations contracte uring the marriage b" the esignate a ministrator5spouse for the benefit of the communit"$ or b" both spouses$ or b" one spouse with the consent of the other+ ).* ;ebts an obligations contracte b" either spouse without the consent of the other to the e%tent that the famil" ma" ha#e been benefite + )0* All ta%es$ liens$ charges an e%penses$ inclu ing ma!or or minor repairs$ upon the communit" propert"+ )-* All ta%es an e%penses for mere preser#ation ma e uring marriage upon the separate propert" of either spouse use b" the famil"+ )3* E%penses to enable either spouse to commence or complete a professional or #ocational course$ or other acti#it" for self5 impro#ement+ )1* Ante5nuptial ebts of either spouse insofar as the" ha#e re oun e to the benefit of the famil"+

)2* The #alue of what is onate or promise b" both spouses in fa#or of their common legitimate chil ren for the e%clusi#e purpose of commencing or completing a professional or #ocational course or other acti#it" for self5impro#ement+ )7* Ante5nuptial ebts of either spouse other than those falling un er paragraph )1* of this Article$ the support of illegitimate chil ren of either spouse$ an liabilities incurre b" either spouse b" reason of a crime or a quasi5 elict$ in case of absence or insufficienc" of the e%clusi#e propert" of the ebtor5spouse$ the pa"ment of which shall be consi ere as a #ances to be e ucte from the share of the ebtor5 spouse upon liqui ation of the communit"+ an )16* E%penses of litigation between the spouses unless the suit is foun to be groun less. If the communit" propert" is insufficient to co#er the foregoing liabilities$ e%cept those falling un er paragraph )7*$ the spouses shall be soli aril" liable for the unpai balance with their separate properties. Art. 7-. :hate#er ma" be lost uring the marriage in an" game of chance$ betting$ sweepsta/es$ or an" other /in of gambling$ whether permitte or prohibite b" law$ shall be borne b" the loser an shall not be charge to the communit" but an" winnings therefrom shall form part of the communit" propert". <ection 0. >wnership$ A ministrati#e$ En!o"ment an ;isposition of the Communit" 9ropert" Art. 73. The a ministration an en!o"ment of the communit" propert" shall belong to both spouses !ointl". In case of isagreement$ the husban 4s ecision shall pre#ail$ sub!ect to recourse to the court b" the wife for proper reme "$ which must be a#aile of within fi#e "ears from the ate of the contract implementing such ecision. In the e#ent that one spouse is incapacitate or otherwise unable to participate in the a ministration of the common properties$ the other spouse ma" assume sole powers of a ministration. These powers o not inclu e isposition or encumbrance without authorit" of the court or the written consent of the other spouse. In the absence of such authorit" or consent$ the isposition or encumbrance shall be #oi . =owe#er$ the transaction shall be construe as a continuing offer on the part of the consenting spouse an the thir person$ an ma" be perfecte as a bin ing contract upon the

acceptance b" the other spouse or authori,ation b" the court before the offer is with rawn b" either or both offerors. Art. 71. Either spouse ma" communit" propert". )n* ispose b" will of his or her interest in the

Art. 72. 'either spouse ma" onate an" communit" propert" without the consent of the other. =owe#er$ either spouse ma"$ without the consent of the other$ ma/e mo erate onations from the communit" propert" for charit" or on occasions of famil" re!oicing or famil" istress. )n* <ection -. ;issolution of Absolute Communit" Regime Art. 77. The absolute communit" terminates( )1* Dpon the eath of either spouse+ )&* :hen there is a ecree of legal separation+ ).* :hen the marriage is annulle or eclare #oi + or )0* In case of !u icial separation of propert" uring the marriage un er Articles 1.0 to 1.2. Art. 166. The separation in fact between husban an wife shall not affect the regime of absolute communit" e%cept that( )1* The spouse who lea#es the con!ugal home or refuses to li#e therein$ without !ust cause$ shall not ha#e the right to be supporte + )&* :hen the consent of one spouse to an" transaction of the other is require b" law$ !u icial authori,ation shall be obtaine in a summar" procee ing+ ).* In the absence of sufficient communit" propert"$ the separate propert" of both spouses shall be soli aril" liable for the support of the famil". The spouse present shall$ upon proper petition in a summar" procee ing$ be gi#en !u icial authorit" to a minister or encumber an" specific separate propert" of the other spouse an use the fruits or procee s thereof to satisf" the latter4s share. Art. 161. If a spouse without !ust cause aban ons the other or fails to compl" with his or her obligations to the famil"$ the aggrie#e spouse ma" petition the court for recei#ership$ for !u icial separation of propert" or for

authorit" to be the sole a ministrator of the absolute communit"$ sub!ect to such precautionar" con itions as the court ma" impose. The obligations to the famil" mentione marital$ parental or propert" relations. in the prece ing paragraph refer to

A spouse is eeme to ha#e aban one the other when her or she has left the con!ugal welling without intention of returning. The spouse who has left the con!ugal welling for a perio of three months or has faile within the same perio to gi#e an" information as to his or her whereabouts shall be prima facie presume to ha#e no intention of returning to the con!ugal welling. <ection 3. Liqui ation of the Absolute Communit" Assets an Liabilities Art. 16&. Dpon issolution of the absolute communit" regime$ the following proce ure shall appl"( )1* An in#entor" shall be prepare $ listing separatel" all the properties of the absolute communit" an the e%clusi#e properties of each spouse. )&* The ebts an obligations of the absolute communit" shall be pai out of its assets. In case of insufficienc" of sai assets$ the spouses shall be soli aril" liable for the unpai balance with their separate properties in accor ance with the pro#isions of the secon paragraph of Article 70. ).* :hate#er remains of the e%clusi#e properties of the spouses shall thereafter be eli#ere to each of them. )0* The net remain er of the properties of the absolute communit" shall constitute its net assets$ which shall be i#i e equall" between husban an wife$ unless a ifferent proportion or i#ision was agree upon in the marriage settlements$ or unless there has been a #oluntar" wai#er of such share pro#i e in this Co e. 8or purpose of computing the net profits sub!ect to forfeiture in accor ance with Articles 0.$ 'o. )&* an 3.$ 'o. )&*$ the sai profits shall be the increase in #alue between the mar/et #alue of the communit" propert" at the time of the celebration of the marriage an the mar/et #alue at the time of its issolution.

)-* The presumpti#e legitimes of the common chil ren shall be eli#ere upon partition$ in accor ance with Article -1. )3* Dnless otherwise agree upon b" the parties$ in the partition of the properties$ the con!ugal welling an the lot on which it is situate shall be a !u icate to the spouse with whom the ma!orit" of the common chil ren choose to remain. Chil ren below the age of se#en "ears are eeme to ha#e chosen the mother$ unless the court has eci e otherwise. In case there in no such ma!orit"$ the court shall eci e$ ta/ing into consi eration the best interests of sai chil ren. )n* Art. 16.. Dpon the termination of the marriage b" eath$ the communit" propert" shall be liqui ate in the same procee ing for the settlement of the estate of the ecease . If no !u icial settlement procee ing is institute $ the sur#i#ing spouse shall liqui ate the communit" propert" either !u iciall" or e%tra5!u iciall" within si% months from the eath of the ecease spouse. If upon the lapse of the si% months perio $ no liqui ation is ma e$ an" isposition or encumbrance in#ol#ing the communit" propert" of the terminate marriage shall be #oi . <houl the sur#i#ing spouse contract a subsequent marriage without compliance with the foregoing requirements$ a man ator" regime of complete separation of propert" shall go#ern the propert" relations of the subsequent marriage. )n* Art. 160. :hene#er the liqui ation of the communit" properties of two or more marriages contracte b" the same person before the effecti#it" of this Co e is carrie out simultaneousl"$ the respecti#e capital$ fruits an income of each communit" shall be etermine upon such proof as ma" be consi ere accor ing to the rules of e#i ence. In case of oubt as to which communit" the e%isting properties belong$ the same shall be i#i e between the ifferent communities in proportion to the capital an uration of each. Chapter 0. Con!ugal 9artnership of Gains <ection 1. General 9ro#isions Art. 16-. In case the future spouses agree in the marriage settlements that the regime of con!ugal partnership gains shall go#ern their propert" relations uring marriage$ the pro#isions in this Chapter shall be of supplementar" application.

The pro#isions of this Chapter shall also appl" to con!ugal partnerships of gains alrea " establishe between spouses before the effecti#it" of this Co e$ without pre!u ice to #este rights alrea " acquire in accor ance with the Ci#il Co e or other laws$ as pro#i e in Article &-3. )n* Art. 163. Dn er the regime of con!ugal partnership of gains$ the husban an wife place in a common fun the procee s$ pro ucts$ fruits an income from their separate properties an those acquire b" either or both spouses through their efforts or b" chance$ an $ upon issolution of the marriage or of the partnership$ the net gains or benefits obtaine b" either or both spouses shall be i#i e equall" between them$ unless otherwise agree in the marriage settlements. Art. 161. The rules pro#i e in Articles 22 an 27 shall also appl" to con!ugal partnership of gains. )n* Art. 162. The con!ugal partnership shall be go#erne b" the rules on the contract of partnership in all that is not in conflict with what is e%pressl" etermine in this Chapter or b" the spouses in their marriage settlements. <ection &. E%clusi#e 9ropert" of Each <pouse Art. 167. The following shall be the e%clusi#e propert" of each spouse( )1* That which is brought to the marriage as his or her own+ )&* That which each acquires uring the marriage b" gratuitous title+ ).* That which is acquire b" right of re emption$ b" barter or b" e%change with propert" belonging to onl" one of the spouses+ an )0* That which is purchase husban . with e%clusi#e mone" of the wife or of the

Art. 116. The spouses retain the ownership$ possession$ a ministration an en!o"ment of their e%clusi#e properties. Either spouse ma"$ uring the marriage$ transfer the a ministration of his or her e%clusi#e propert" to the other b" means of a public instrument$ which shall be recor e in the registr" of propert" of the place the propert" is locate .

Art. 111. A spouse of age ma" mortgage$ encumber$ alienate or otherwise ispose of his or her e%clusi#e propert"$ without the consent of the other spouse$ an appear alone in court to litigate with regar to the same. )n* Art. 11&. The alienation of an" e%clusi#e propert" of a spouse a ministere b" the other automaticall" terminates the a ministration o#er such propert" an the procee s of the alienation shall be turne o#er to the owner5spouse.
)n*

Art. 11.. 9ropert" onate or left b" will to the spouses$ !ointl" an with esignation of eterminate shares$ shall pertain to the onee5spouses as his or her own e%clusi#e propert"$ an in the absence of esignation$ share an share ali/e$ without pre!u ice to the right of accretion when proper. Art. 110. If the onations are onerous$ the amount of the charges shall be borne b" the e%clusi#e propert" of the onee spouse$ whene#er the" ha#e been a #ance b" the con!ugal partnership of gains. Art. 11-. Retirement benefits$ pensions$ annuities$ gratuities$ usufructs an similar benefits shall be go#erne b" the rules on gratuitous or onerous acquisitions as ma" be proper in each case. )n* <ection .. Con!ugal 9artnership 9ropert" Art. 113. All propert" acquire uring the marriage$ whether the acquisition appears to ha#e been ma e$ contracte or registere in the name of one or both spouses$ is presume to be con!ugal unless the contrar" is pro#e . Art. 111. The following are con!ugal partnership properties( )1* Those acquire b" onerous title uring the marriage at the e%pense of the common fun $ whether the acquisition be for the partnership$ or for onl" one of the spouses+ )&* Those obtaine from the labor$ in ustr"$ wor/ or profession of either or both of the spouses+ ).* The fruits$ natural$ in ustrial$ or ci#il$ ue or recei#e uring the marriage from the common propert"$ as well as the net fruits from the e%clusi#e propert" of each spouse+ )0* The share of either spouse in the hi en treasure which the law awar s to the fin er or owner of the propert" where the treasure is foun +

)-* Those acquire through occupation such as fishing or hunting+ )3* Li#estoc/ e%isting upon the issolution of the partnership in e%cess of the number of each /in brought to the marriage b" either spouse+ an )1* Those which are acquire b" chance$ such as winnings from gambling or betting. =owe#er$ losses therefrom shall be borne e%clusi#el" b" the loser5spouse. Art. 112. 9ropert" bought on installments pai partl" from e%clusi#e fun s of either or both spouses an partl" from con!ugal fun s belongs to the bu"er or bu"ers if full ownership was #este before the marriage an to the con!ugal partnership if such ownership was #este uring the marriage. In either case$ an" amount a #ance b" the partnership or b" either or both spouses shall be reimburse b" the owner or owners upon liqui ation of the partnership. )n* Art. 117. :hene#er an amount or cre it pa"able within a perio of time belongs to one of the spouses$ the sums which ma" be collecte uring the marriage in partial pa"ments or b" installments on the principal shall be the e%clusi#e propert" of the spouse. =owe#er$ interests falling ue uring the marriage on the principal shall belong to the con!ugal partnership. Art. 1&6. The ownership of impro#ements$ whether for utilit" or a ornment$ ma e on the separate propert" of the spouses at the e%pense of the partnership or through the acts or efforts of either or both spouses shall pertain to the con!ugal partnership$ or to the original owner5spouse$ sub!ect to the following rules( :hen the cost of the impro#ement ma e b" the con!ugal partnership an an" resulting increase in #alue are more than the #alue of the propert" at the time of the impro#ement$ the entire propert" of one of the spouses shall belong to the con!ugal partnership$ sub!ect to reimbursement of the #alue of the propert" of the owner5spouse at the time of the impro#ement+ otherwise$ sai propert" shall be retaine in ownership b" the owner5spouse$ li/ewise sub!ect to reimbursement of the cost of the impro#ement. In either case$ the ownership of the entire propert" shall be #este upon the reimbursement$ which shall be ma e at the time of the liqui ation of the con!ugal partnership. <ection 0. Charges Dpon an >bligations of

the Con!ugal 9artnership Art. 1&1. The con!ugal partnership shall be liable for( )1* The support of the spouse$ their common chil ren$ an the legitimate chil ren of either spouse+ howe#er$ the support of illegitimate chil ren shall be go#erne b" the pro#isions of this Co e on <upport+ )&* All ebts an obligations contracte uring the marriage b" the esignate a ministrator5spouse for the benefit of the con!ugal partnership of gains$ or b" both spouses or b" one of them with the consent of the other+ ).* ;ebts an obligations contracte b" either spouse without the consent of the other to the e%tent that the famil" ma" ha#e benefite + )0* All ta%es$ liens$ charges$ an e%penses$ inclu ing ma!or or minor repairs upon the con!ugal partnership propert"+ )-* All ta%es an e%penses for mere preser#ation ma e marriage upon the separate propert" of either spouse+ uring the

)3* E%penses to enable either spouse to commence or complete a professional$ #ocational$ or other acti#it" for self5impro#ement+ )1* Ante5nuptial ebts of either spouse insofar as the" ha#e re oun e to the benefit of the famil"+ )2* The #alue of what is onate or promise b" both spouses in fa#or of their common legitimate chil ren for the e%clusi#e purpose of commencing or completing a professional or #ocational course or other acti#it" for self5impro#ement+ an )7* E%penses of litigation between the spouses unless the suit is foun to groun less. If the con!ugal partnership is insufficient to co#er the foregoing liabilities$ the spouses shall be soli aril" liable for the unpai balance with their separate properties. Art. 1&&. The pa"ment of personal ebts contracte b" the husban or the wife before or uring the marriage shall not be charge to the con!ugal properties partnership e%cept insofar as the" re oun e to the benefit of the famil".

'either shall the fines an pecuniar" in emnities impose charge to the partnership.

upon them be

=owe#er$ the pa"ment of personal ebts contracte b" either spouse before the marriage$ that of fines an in emnities impose upon them$ as well as the support of illegitimate chil ren of either spouse$ ma" be enforce against the partnership assets after the responsibilities enumerate in the prece ing Article ha#e been co#ere $ if the spouse who is boun shoul ha#e no e%clusi#e propert" or if it shoul be insufficient+ but at the time of the liqui ation of the partnership$ such spouse shall be charge for what has been pai for the purpose abo#e5mentione . Art. 1&.. :hate#er ma" be lost uring the marriage in an" game of chance or in betting$ sweepsta/es$ or an" other /in of gambling whether permitte or prohibite b" law$ shall be borne b" the loser an shall not be charge to the con!ugal partnership but an" winnings therefrom shall form part of the con!ugal partnership propert". <ection -. A ministration of the Con!ugal 9artnership 9ropert" Art. 1&0. The a ministration an en!o"ment of the con!ugal partnership shall belong to both spouses !ointl". In case of isagreement$ the husban 4s ecision shall pre#ail$ sub!ect to recourse to the court b" the wife for proper reme "$ which must be a#aile of within fi#e "ears from the ate of the contract implementing such ecision. In the e#ent that one spouse is incapacitate or otherwise unable to participate in the a ministration of the con!ugal properties$ the other spouse ma" assume sole powers of a ministration. These powers o not inclu e isposition or encumbrance without authorit" of the court or the written consent of the other spouse. In the absence of such authorit" or consent$ the isposition or encumbrance shall be #oi . =owe#er$ the transaction shall be construe as a continuing offer on the part of the consenting spouse an the thir person$ an ma" be perfecte as a bin ing contract upon the acceptance b" the other spouse or authori,ation b" the court before the offer is with rawn b" either or both offerors. Art. 1&-. 'either spouse ma" onate an" con!ugal partnership propert" without the consent of the other. =owe#er$ either spouse ma"$ without the consent of the other$ ma/e mo erate onations from the con!ugal partnership propert" for charit" or on occasions of famil" re!oicing or famil"

istress. <ection 3. ;issolution of Con!ugal 9artnership Regime Art. 1&3. The con!ugal partnership terminates( )1* Dpon the eath of either spouse+ )&* :hen there is a ecree of legal separation+ ).* :hen the marriage is annulle or eclare #oi + or )0* In case of !u icial separation of propert" uring the marriage un er Articles 1.0 to 1.2. Art. 1&1. The separation in fact between husban the regime of con!ugal partnership$ e%cept that( an wife shall not affect

)1* The spouse who lea#es the con!ugal home or refuses to li#e therein$ without !ust cause$ shall not ha#e the right to be supporte + )&* :hen the consent of one spouse to an" transaction of the other is require b" law$ !u icial authori,ation shall be obtaine in a summar" procee ing+ ).* In the absence of sufficient con!ugal partnership propert"$ the separate propert" of both spouses shall be soli aril" liable for the support of the famil". The spouse present shall$ upon petition in a summar" procee ing$ be gi#en !u icial authorit" to a minister or encumber an" specific separate propert" of the other spouse an use the fruits or procee s thereof to satisf" the latter4s share. Art. 1&2. If a spouse without !ust cause aban ons the other or fails to compl" with his or her obligation to the famil"$ the aggrie#e spouse ma" petition the court for recei#ership$ for !u icial separation of propert"$ or for authorit" to be the sole a ministrator of the con!ugal partnership propert"$ sub!ect to such precautionar" con itions as the court ma" impose. The obligations to the famil" mentione marital$ parental or propert" relations. in the prece ing paragraph refer to

A spouse is eeme to ha#e aban one the other when he or she has left the con!ugal welling without intention of returning. The spouse who has left

the con!ugal welling for a perio of three months or has faile within the same perio to gi#e an" information as to his or her whereabouts shall be prima facie presume to ha#e no intention of returning to the con!ugal welling. <ection 1. Liqui ation of the Con!ugal 9artnership Assets an Liabilities Art. 1&7. Dpon the issolution of the con!ugal partnership regime$ the following proce ure shall appl"( )1* An in#entor" shall be prepare $ listing separatel" all the properties of the con!ugal partnership an the e%clusi#e properties of each spouse. )&* Amounts a #ance b" the con!ugal partnership in pa"ment of personal ebts an obligations of either spouse shall be cre ite to the con!ugal partnership as an asset thereof. ).* Each spouse shall be reimburse for the use of his or her e%clusi#e fun s in the acquisition of propert" or for the #alue of his or her e%clusi#e propert"$ the ownership of which has been #este b" law in the con!ugal partnership. )0* The ebts an obligations of the con!ugal partnership shall be pai out of the con!ugal assets. In case of insufficienc" of sai assets$ the spouses shall be soli aril" liable for the unpai balance with their separate properties$ in accor ance with the pro#isions of paragraph )&* of Article 1&1. )-* :hate#er remains of the e%clusi#e properties of the spouses shall thereafter be eli#ere to each of them. )3* Dnless the owner ha been in emnifie from whate#er source$ the loss or eterioration of mo#ables use for the benefit of the famil"$ belonging to either spouse$ e#en ue to fortuitous e#ent$ shall be pai to sai spouse from the con!ugal fun s$ if an". )1* The net remain er of the con!ugal partnership properties shall constitute the profits$ which shall be i#i e equall" between husban an wife$ unless a ifferent proportion or i#ision was agree upon in the marriage settlements or unless there has been a #oluntar" wai#er or forfeiture of such share as pro#i e in this Co e.

)2* The presumpti#e legitimes of the common chil ren shall be eli#ere upon the partition in accor ance with Article -1. )7* In the partition of the properties$ the con!ugal welling an the lot on which it is situate shall$ unless otherwise agree upon b" the parties$ be a !u icate to the spouse with whom the ma!orit" of the common chil ren choose to remain. Chil ren below the age of se#en "ears are eeme to ha#e chosen the mother$ unless the court has eci e otherwise. In case there is no such ma!orit"$ the court shall eci e$ ta/ing into consi eration the best interests of sai chil ren. Art. 1.6. Dpon the termination of the marriage b" eath$ the con!ugal partnership propert" shall be liqui ate in the same procee ing for the settlement of the estate of the ecease . If no !u icial settlement procee ing is institute $ the sur#i#ing spouse shall liqui ate the con!ugal partnership propert" either !u iciall" or e%tra5!u iciall" within si% months from the eath of the ecease spouse. If upon the lapse of the si%5month perio no liqui ation is ma e$ an" isposition or encumbrance in#ol#ing the con!ugal partnership propert" of the terminate marriage shall be #oi . <houl the sur#i#ing spouse contract a subsequent marriage without compliance with the foregoing requirements$ a man ator" regime of complete separation of propert" shall go#ern the propert" relations of the subsequent marriage. )n* Art. 1.1. :hene#er the liqui ation of the con!ugal partnership properties of two or more marriages contracte b" the same person before the effecti#it" of this Co e is carrie out simultaneousl"$ the respecti#e capital$ fruits an income of each partnership shall be etermine upon such proof as ma" be consi ere accor ing to the rules of e#i ence. In case of oubt as to which partnership the e%isting properties belong$ the same shall be i#i e between the ifferent partnerships in proportion to the capital an uration of each. Art. 1.&. The Rules of Court on the a ministration of estates of ecease persons shall be obser#e in the appraisal an sale of propert" of the con!ugal partnership$ an other matters which are not e%pressl" etermine in this Chapter. Art. 1... 8rom the common mass of propert" support shall be gi#en to the sur#i#ing spouse an to the chil ren uring the liqui ation of the in#entorie propert" an until what belongs to them is eli#ere + but from this shall be

e ucte that amount recei#e pertaining to them.

for support which e%cee s the fruits or rents

Chapter -. <eparation of 9ropert" of the <pouses an A ministration of Common 9ropert" b" >ne <pouse ;uring the Marriage Art. 1.0. In the absence of an e%press eclaration in the marriage settlements$ the separation of propert" between spouses uring the marriage shall not ta/e place e%cept b" !u icial or er. <uch !u icial separation of propert" ma" either be #oluntar" or for sufficient cause. Art. 1.-. An" of the following shall be consi ere separation of propert"( sufficient cause for !u icial to a penalt" eclare an

)1* That the spouse of the petitioner has been sentence which carries with it ci#il inter iction+ )&* That the spouse of the petitioner has been !u iciall" absentee+

).* That loss of parental authorit" of the spouse of petitioner has been ecree b" the court+ )0* That the spouse of the petitioner has aban one the latter or faile to compl" with his or her obligations to the famil" as pro#i e for in Article 161+ )-* That the spouse grante the power of a ministration in the marriage settlements has abuse that power+ an )3* That at the time of the petition$ the spouses ha#e been separate in fact for at least one "ear an reconciliation is highl" improbable. In the cases pro#i e for in 'umbers )1*$ )&* an ).*$ the presentation of the final !u gment against the guilt" or absent spouse shall be enough basis for the grant of the ecree of !u icial separation of propert". Art. 1.3. The spouses ma" !ointl" file a #erifie petition with the court for the #oluntar" issolution of the absolute communit" or the con!ugal partnership of gains$ an for the separation of their common properties.

All cre itors of the absolute communit" or of the con!ugal partnership of gains$ as well as the personal cre itors of the spouse$ shall be liste in the petition an notifie of the filing thereof. The court shall ta/e measures to protect the cre itors an other persons with pecuniar" interest. Art. 1.1. >nce the separation of propert" has been ecree $ the absolute communit" or the con!ugal partnership of gains shall be liqui ate in conformit" with this Co e. ;uring the pen enc" of the procee ings for separation of propert"$ the absolute communit" or the con!ugal partnership shall pa" for the support of the spouses an their chil ren. Art. 1.2. After issolution of the absolute communit" or of the con!ugal partnership$ the pro#isions on complete separation of propert" shall appl".
)171a*

Art. 1.7. The petition for separation of propert" an the final !u gment granting the same shall be recor e in the proper local ci#il registries an registries of propert". Art. 106. The separation of propert" shall not pre!u ice the rights pre#iousl" acquire b" cre itors. Art. 101. The spouses ma"$ in the same procee ings where separation of propert" was ecree $ file a motion in court for a ecree re#i#ing the propert" regime that e%iste between them before the separation of propert" in an" of the following instances( )1* :hen the ci#il inter iction terminates+ )&* :hen the absentee spouse reappears+ ).* :hen the court$ being satisfie that the spouse grante the power of a ministration in the marriage settlements will not again abuse that power$ authori,es the resumption of sai a ministration+ )0* :hen the spouse who has left the con!ugal home without a of legal separation resumes common life with the other+ )-* :hen parental authorit" is !u iciall" restore pre#iousl" epri#e thereof+ )3* :hen the spouses who ha#e separate "ear$ reconcile an resume common life+ or ecree

to the spouse

in fact for at least one

)1* :hen after #oluntar" issolution of the absolute communit" of propert" or con!ugal partnership has been !u iciall" ecree upon the !oint petition of the spouses$ the" agree to the re#i#al of the former propert" regime. 'o #oluntar" separation of propert" ma" thereafter be grante . The re#i#al of the former propert" regime shall be go#erne b" Article 31. Art. 10&. The a ministration of all classes of e%clusi#e propert" of either spouse ma" be transferre b" the court to the other spouse( )1* :hen one spouse becomes the guar ian of the other+ )&* :hen one spouse is !u iciall" eclare an absentee+ ).* :hen one spouse is sentence ci#il inter iction+ or to a penalt" which carries with it

)0* :hen one spouse becomes a fugiti#e from !ustice or is in hi ing as an accuse in a criminal case. If the other spouse is not qualifie b" reason of incompetence$ conflict of interest$ or an" other !ust cause$ the court shall appoint a suitable person to be the a ministrator. )n* Chapter 3. Regime of <eparation of 9ropert" Art. 10.. <houl the future spouses agree in the marriage settlements that their propert" relations uring marriage shall be go#erne b" the regime of separation of propert"$ the pro#isions of this Chapter shall be suppletor". Art. 100. <eparation of propert" ma" refer to present or future propert" or both. It ma" be total or partial. In the latter case$ the propert" not agree upon as separate shall pertain to the absolute communit". Art. 10-. Each spouse shall own$ ispose of$ possess$ a minister an en!o" his or her own separate estate$ without nee of the consent of the other. To each spouse shall belong all earnings from his or her profession$ business or in ustr" an all fruits$ natural$ in ustrial or ci#il$ ue or recei#e uring the marriage from his or her separate propert".

Art. 103. @oth spouses shall bear the famil" e%penses in proportion to their income$ or$ in case of insufficienc" or efault thereof$ to the current mar/et #alue of their separate properties. The liabilities of the spouses to cre itors for famil" e%penses shall$ howe#er$ be soli ar". Chapter 1. 9ropert" Regime of Dnions :ithout Marriage Art. 101. :hen a man an a woman who are capacitate to marr" each other$ li#e e%clusi#el" with each other as husban an wife without the benefit of marriage or un er a #oi marriage$ their wages an salaries shall be owne b" them in equal shares an the propert" acquire b" both of them through their wor/ or in ustr" shall be go#erne b" the rules on co5 ownership. In the absence of proof to the contrar"$ properties acquire while the" li#e together shall be presume to ha#e been obtaine b" their !oint efforts$ wor/ or in ustr"$ an shall be owne b" them in equal shares. 8or purposes of this Article$ a part" who i not participate in the acquisition b" the other part" of an" propert" shall be eeme to ha#e contribute !ointl" in the acquisition thereof if the former4s efforts consiste in the care an maintenance of the famil" an of the househol . 'either part" can encumber or ispose b" acts inter #i#os of his or her share in the propert" acquire uring cohabitation an owne in common$ without the consent of the other$ until after the termination of their cohabitation. :hen onl" one of the parties to a #oi marriage is in goo faith$ the share of the part" in ba faith in the co5ownership shall be forfeite in fa#or of their common chil ren. In case of efault of or wai#er b" an" or all of the common chil ren or their escen ants$ each #acant share shall belong to the respecti#e sur#i#ing escen ants. In the absence of escen ants$ such share shall belong to the innocent part". In all cases$ the forfeiture shall ta/e place upon termination of the cohabitation. Art. 102. In cases of cohabitation not falling un er the prece ing Article$ onl" the properties acquire b" both of the parties through their actual !oint contribution of mone"$ propert"$ or in ustr" shall be owne b" them in common in proportion to their respecti#e contributions. In the absence of proof to the contrar"$ their contributions an correspon ing shares are presume to be equal. The same rule an presumption shall appl" to !oint eposits of mone" an e#i ences of cre it.

If one of the parties is #ali l" marrie to another$ his or her share in the co5 ownership shall accrue to the absolute communit" or con!ugal partnership e%isting in such #ali marriage. If the part" who acte in ba faith is not #ali l" marrie to another$ his or her shall be forfeite in the manner pro#i e in the last paragraph of the prece ing Article. The foregoing rules on forfeiture shall li/ewise appl" e#en if both parties are in ba faith. TITLE ? T=E 8AMILE Chapter 1. The 8amil" as an Institution Art. 107. The famil"$ being the foun ation of the nation$ is a basic social institution which public polic" cherishes an protects. Consequentl"$ famil" relations are go#erne b" law an no custom$ practice or agreement estructi#e of the famil" shall be recogni,e or gi#en effect. Art. -6. 8amil" relations inclu e those( )1* @etween husban an wife+ )&* @etween parents an chil ren+ ).* Among brothers an sisters$ whether of the full or half5bloo .
)&11a*

Art. 1-1. 'o suit between members of the same famil" shall prosper unless it shoul appear from the #erifie complaint or petition that earnest efforts towar a compromise ha#e been ma e$ but that the same ha#e faile . If it is shown that no such efforts were in fact ma e$ the same case must be ismisse . This rules shall not appl" to cases which ma" not be the sub!ect of compromise un er the Ci#il Co e. Chapter &. The 8amil" =ome Art. 1-&. The famil" home$ constitute !ointl" b" the husban an the wife or b" an unmarrie hea of a famil"$ is the welling house where the" an their famil" resi e$ an the lan on which it is situate .

Art. 1-.. The famil" home is eeme constitute on a house an lot from the time it is occupie as a famil" resi ence. 8rom the time of its constitution an so long as an" of its beneficiaries actuall" resi es therein$ the famil" home continues to be such an is e%empt from e%ecution$ force sale or attachment e%cept as hereinafter pro#i e an to the e%tent of the #alue allowe b" law. Art. 1-0. The beneficiaries of a famil" home are( )1* The husban a famil"+ an an wife$ or an unmarrie person who is the hea of

)&* Their parents$ ascen ants$ escen ants$ brothers an sisters$ whether the relationship be legitimate or illegitimate$ who are li#ing in the famil" home an who epen upon the hea of the famil" for legal support. Art. 1--. The famil" home shall be e%empt from e%ecution$ force attachment e%cept( )1* 8or nonpa"ment of ta%es+ )&* 8or ebts incurre prior to the constitution of the famil" home+ ).* 8or ebts secure such constitution+ an b" mortgages on the premises before or after sale or

)0* 8or ebts ue to laborers$ mechanics$ architects$ buil ers$ materialmen an others who ha#e ren ere ser#ice or furnishe material for the construction of the buil ing. Art. 1-3. The famil" home must be part of the properties of the absolute communit" or the con!ugal partnership$ or of the e%clusi#e properties of either spouse with the latter4s consent. It ma" also be constitute b" an unmarrie hea of a famil" on his or her own propert". 'e#ertheless$ propert" that is the sub!ect of a con itional sale on installments where ownership is reser#e b" the #en or onl" to guarantee pa"ment of the purchase price ma" be constitute as a famil" home. Art. 1-1. The actual #alue of the famil" home shall not e%cee $ at the time of its constitution$ the amount of the three hun re thousan pesos in urban areas$ an two hun re thousan pesos in rural areas$ or such amounts as ma" hereafter be fi%e b" law.

In an" e#ent$ if the #alue of the currenc" changes after the a option of this Co e$ the #alue most fa#orable for the constitution of a famil" home shall be the basis of e#aluation. 8or purposes of this Article$ urban areas are eeme to inclu e chartere cities an municipalities whose annual income at least equals that legall" require for chartere cities. All others are eeme to be rural areas. Art. 1-2. The famil" home ma" be sol $ alienate $ onate $ assigne or encumbere b" the owner or owners thereof with the written consent of the person constituting the same$ the latter4s spouse$ an a ma!orit" of the beneficiaries of legal age. In case of conflict$ the court shall eci e. Art. 1-7. The famil" home shall continue espite the eath of one or both spouses or of the unmarrie hea of the famil" for a perio of ten "ears or for as long as there is a minor beneficiar"$ an the heirs cannot partition the same unless the court fin s compelling reasons therefor. This rule shall appl" regar less of whoe#er owns the propert" or constitute the famil" home. Art. 136. :hen a cre itor whose claims is not among those mentione in Article 1-- obtains a !u gment in his fa#or$ an he has reasonable groun s to belie#e that the famil" home is actuall" worth more than the ma%imum amount fi%e in Article 1-1$ he ma" appl" to the court which ren ere the !u gment for an or er irecting the sale of the propert" un er e%ecution. The court shall so or er if it fin s that the actual #alue of the famil" home e%cee s the ma%imum amount allowe b" law as of the time of its constitution. If the increase actual #alue e%cee s the ma%imum allowe in Article 1-1 an results from subsequent #oluntar" impro#ements intro uce b" the person or persons constituting the famil" home$ b" the owner or owners of the propert"$ or b" an" of the beneficiaries$ the same rule an proce ure shall appl". At the e%ecution sale$ no bi below the #alue allowe for a famil" home shall be consi ere . The procee s shall be applie first to the amount mentione in Article 1-1$ an then to the liabilities un er the !u gment an the costs. The e%cess$ if an"$ shall be eli#ere to the !u gment ebtor. Art. 131. 8or purposes of a#ailing of the benefits of a famil" home as pro#i e for in this Chapter$ a person ma" constitute$ or be the beneficiar" of$ onl" one famil" home. )n*

Art. 13&. The pro#isions in this Chapter shall also go#ern e%isting famil" resi ences insofar as sai pro#isions are applicable. )n* TITLE ?I 9ATER'ITE A'; 8ILIATI>' Chapter 1. Legitimate Chil ren Art. 13.. The filiation of chil ren ma" be b" nature or b" a option. 'atural filiation ma" be legitimate or illegitimate. )n* Art. 130. Chil ren concei#e legitimate. or born uring the marriage of the parents are

Chil ren concei#e as a result of artificial insemination of the wife with the sperm of the husban or that of a onor or both are li/ewise legitimate chil ren of the husban an his wife$ pro#i e $ that both of them authori,e or ratifie such insemination in a written instrument e%ecute an signe b" them before the birth of the chil . The instrument shall be recor e in the ci#il registr" together with the birth certificate of the chil . Art. 13-. Chil ren concei#e an born outsi e a #ali illegitimate$ unless otherwise pro#i e in this Co e. )n* Art. 133. Legitimac" of a chil groun s( ma" be impugne marriage are

onl" on the following

)1* That it was ph"sicall" impossible for the husban to ha#e se%ual intercourse with his wife within the first 1&6 a"s of the .66 a"s which imme iatel" prece e the birth of the chil because of( )a* the ph"sical incapacit" of the husban intercourse with his wife+ to ha#e se%ual

)b* the fact that the husban an wife were li#ing separatel" in such a wa" that se%ual intercourse was not possible+ or )c* serious illness of the husban $ which absolutel" pre#ente se%ual intercourse+ )&* That it is pro#e that for biological or other scientific reasons$ the chil coul not ha#e been that of the husban $ e%cept in the instance pro#i e in the secon paragraph of Article 130+ or

).* That in case of chil ren concei#e through artificial insemination$ the written authori,ation or ratification of either parent was obtaine through mista/e$ frau $ #iolence$ intimi ation$ or un ue influence. Art. 131. The chil shall be consi ere legitimate although the mother ma" ha#e eclare against its legitimac" or ma" ha#e been sentence as an a ulteress. Art. 132. If the marriage is terminate an the mother contracte another marriage within three hun re a"s after such termination of the former marriage$ these rules shall go#ern in the absence of proof to the contrar"( )1* A chil born before one hun re eight" a"s after the solemni,ation of the subsequent marriage is consi ere to ha#e been concei#e uring the former marriage$ pro#i e it be born within three hun re a"s after the termination of the former marriage+ )&* A chil born after one hun re eight" a"s following the celebration of the subsequent marriage is consi ere to ha#e been concei#e uring such marriage$ e#en though it be born within the three hun re a"s after the termination of the former marriage. Art. 137. The legitimac" or illegitimac" of a chil born after three hun re a"s following the termination of the marriage shall be pro#e b" whoe#er alleges such legitimac" or illegitimac". Art. 116. The action to impugn the legitimac" of the chil shall be brought within one "ear from the /nowle ge of the birth or its recor ing in the ci#il register$ if the husban or$ in a proper case$ an" of his heirs$ shoul resi e in the cit" or municipalit" where the birth too/ place or was recor e . If the husban or$ in his efault$ all of his heirs o not resi e at the place of birth as efine in the first paragraph or where it was recor e $ the perio shall be two "ears if the" shoul resi e in the 9hilippines+ an three "ears if abroa . If the birth of the chil has been conceale from or was un/nown to the husban or his heirs$ the perio shall be counte from the isco#er" or /nowle ge of the birth of the chil or of the fact of registration of sai birth$ whiche#er is earlier. Art. 111. The heirs of the husban ma" impugn the filiation of the chil within the perio prescribe in the prece ing article onl" in the following cases(

)1* If the husban shoul for bringing his action+

ie before the e%piration of the perio fi%e

)&* If he shoul ie after the filing of the complaint without ha#ing esiste therefrom+ or ).* If the chil was born after the eath of the husban .

Chapter &. 9roof of 8iliation Art. 11&. The filiation of legitimate chil ren is establishe following( )1* The recor !u gment+ or b" an" of the

of birth appearing in the ci#il register or a final

)&* An a mission of legitimate filiation in a public ocument or a pri#ate han written instrument an signe b" the parent concerne . In the absence of the foregoing e#i ence$ the legitimate filiation shall be pro#e b"( )1* The open an chil + or continuous possession of the status of a legitimate

)&* An" other means allowe b" the Rules of Court an special laws.

Art. 11.. The action to claim legitimac" ma" be brought b" the chil uring his or her lifetime an shall be transmitte to the heirs shoul the chil ie uring minorit" or in a state of insanit". In these cases$ the heirs shall ha#e a perio of fi#e "ears within which to institute the action. Art. 110. Legitimate chil ren shall ha#e the right( )1* To bear the surnames of the father an the mother$ in conformit" with the pro#isions of the Ci#il Co e on <urnames+

)&* To recei#e support from their parents$ their ascen ants$ an in proper cases$ their brothers an sisters$ in conformit" with the pro#isions of this Co e on <upport+ an ).* To be entitle to the legitimate an grante to them b" the Ci#il Co e. other successional rights

Chapter .. Illegitimate Chil ren Art. 11-. Illegitimate chil ren ma" establish their illegitimate filiation in the same wa" an on the same e#i ence as legitimate chil ren. The action must be brought within the same perio specifie in Article 11.$ e%cept when the action is base on the secon paragraph of Article 11&$ in which case the action ma" be brought uring the lifetime of the allege parent. Art. 113. Illegitimate chil ren shall use the surname an shall be un er the parental authorit" of their mother$ an shall be entitle to support in conformit" with this Co e. The legitime of each illegitimate chil shall consist of one5half of the legitime of a legitimate chil . E%cept for this mo ification$ all other pro#isions in the Ci#il Co e go#erning successional rights shall remain in force. Chapter 0. Legitimate Chil ren Art. 111. >nl" chil ren concei#e an born outsi e of we loc/ of parents who$ at the time of the conception of the former$ were not isqualifie b" an" impe iment to marr" each other ma" be legitimate . Art. 112. Legitimation shall ta/e place b" a subsequent #ali marriage between parents. The annulment of a #oi able marriage shall not affect the legitimation. Art. 117. Legitimate chil ren. chil ren shall en!o" the same rights as legitimate

Art. 126. The effects of legitimation shall retroact to the time of the chil 4s birth.

Art. 121. The legitimation of chil ren who marriage shall benefit their escen ants.

ie

before the celebration of the

Art. 12&. Legitimation ma" be impugne onl" b" those who are pre!u ice in their rights$ within fi#e "ears from the time their cause of action accrues.

TITLE ?III <D99>RT Art. 170. <upport comprises e#er"thing in ispensable for sustenance$ welling$ clothing$ me ical atten ance$ e ucation an transportation$ in /eeping with the financial capacit" of the famil". The e ucation of the person entitle to be supporte referre to in the prece ing paragraph shall inclu e his schooling or training for some profession$ tra e or #ocation$ e#en be"on the age of ma!orit". Transportation shall inclu e e%penses in going to an from school$ or to an from place of wor/. Art. 16-. <ub!ect to the pro#isions of the succee ing articles$ the following are oblige to support each other to the whole e%tent set forth in the prece ing article( )1* The spouses+ )&* Legitimate ascen ants an escen ants+ the legitimate an the legitimate an

).* 9arents an their legitimate chil ren an illegitimate chil ren of the latter+ )0* 9arents an their illegitimate chil ren an illegitimate chil ren of the latter+ an

)-* Legitimate brothers an sisters$ whether of full or half5bloo Art. 173. @rothers an sisters not legitimatel" relate $ whether of the full or half5bloo $ are li/ewise boun to support each other to the full e%tent set forth in Article 170$ e%cept onl" when the nee for support of the brother or sister$ being of age$ is ue to a cause imputable to the claimant4s fault or negligence.

Art. 171. In case of legitimate ascen ants+ escen ants$ whether legitimate or illegitimate+ an brothers an sisters$ whether legitimatel" or illegitimatel" relate $ onl" the separate propert" of the person oblige to gi#e support shall be answerable pro#i e that in case the obligor has no separate propert"$ the absolute communit" or the con!ugal partnership$ if financiall" capable$ shall a #ance the support$ which shall be e ucte from the share of the spouse oblige upon the liqui ation of the absolute communit" or of the con!ugal partnership. )n* Art. 172. ;uring the procee ings for legal separation or for annulment of marriage$ an for eclaration of nullit" of marriage$ the spouses an their chil ren shall be supporte from the properties of the absolute communit" or the con!ugal partnership. After the final !u gment granting the petition$ the obligation of mutual support between the spouses ceases. =owe#er$ in case of legal separation$ the court ma" or er that the guilt" spouse shall gi#e support to the innocent one$ specif"ing the terms of such or er. Art. 177. :hene#er two or more persons are oblige to gi#e support$ the liabilit" shall e#ol#e upon the following persons in the or er herein pro#i e ( )1* The spouse+ )&* The escen ants in the nearest egree+ ).* The ascen ants in the nearest egree+ an )0* The brothers an sisters. Art. &66. :hen the obligation to gi#e support falls upon two or more persons$ the pa"ment of the same shall be i#i e between them in proportion to the resources of each. =owe#er$ in case of urgent nee an b" special circumstances$ the !u ge ma" or er onl" one of them to furnish the support pro#isionall"$ without pre!u ice to his right to claim from the other obligors the share ue from them. :hen two or more recipients at the same time claim support from one an the same person legall" oblige to gi#e it$ shoul the latter not ha#e sufficient means to satisf" all claims$ the or er establishe in the prece ing article shall be followe $ unless the concurrent obligees shoul be the spouse an a chil sub!ect to parental authorit"$ in which case the chil shall be preferre .

Art. &61. The amount of support$ in the cases referre to in Articles 17- an 173$ shall be in proportion to the resources or means of the gi#er an to the necessities of the recipient. Art. &6&. <upport in the cases referre to in the prece ing article shall be re uce or increase proportionatel"$ accor ing to the re uction or increase of the necessities of the recipient an the resources or means of the person oblige to furnish the same. Art. &6.. The obligation to gi#e support shall be eman able from the time the person who has a right to recei#e the same nee s it for maintenance$ but it shall not be pai e%cept from the ate of !u icial or e%tra5!u icial eman . <upport pen ente lite ma" be claime in accor ance with the Rules of Court. 9a"ment shall be ma e within the first fi#e a"s of each correspon ing month or when the recipient ies$ his heirs shall not be oblige to return what he has recei#e in a #ance. Art. &60. The person oblige to gi#e support shall ha#e the option to fulfill the obligation either b" pa"ing the allowance fi%e $ or b" recei#ing an maintaining in the famil" welling the person who has a right to recei#e support. The latter alternati#e cannot be a#aile of in case there is a moral or legal obstacle thereto. Art. &6-. The right to recei#e support un er this Title as well as an" mone" or propert" obtaine as such support shall not be le#ie upon on attachment or e%ecution. Art. &63. :hen$ without the /nowle ge of the person oblige to gi#e support$ it is gi#en b" a stranger$ the latter shall ha#e a right to claim the same from the former$ unless it appears that he ga#e it without intention of being reimburse . Art. &61. :hen the person oblige to support another un!ustl" refuses or fails to gi#e support when urgentl" nee e b" the latter$ an" thir person ma" furnish support to the nee " in i#i ual$ with right of reimbursement from the person oblige to gi#e support. This Article shall particularl" appl" when the father or mother of a chil un er the age of ma!orit" un!ustl" refuses to support or fails to gi#e support to the chil when urgentl" nee e .

Art. &62. In case of contractual support or that gi#en b" will$ the e%cess in amount be"on that require for legal support shall be sub!ect to le#" on attachment or e%ecution. 8urthermore$ contractual support shall be sub!ect to a !ustment whene#er mo ification is necessar" ue to changes of circumstances manifestl" be"on the contemplation of the parties. )n*

TITLE IC 9ARE'TAL ADT=>RITE Chapter 1. General 9ro#isions

Art. &67. 9ursuant to the natural right an ut" of parents o#er the person an propert" of their unemancipate chil ren$ parental authorit" an responsibilit" shall inclu e the caring for an rearing them for ci#ic consciousness an efficienc" an the e#elopment of their moral$ mental an ph"sical character an well5being. )n* Art. &16. 9arental authorit" an responsibilit" ma" not be renounce transferre e%cept in the cases authori,e b" law. or

Art. &11. The father an the mother shall !ointl" e%ercise parental authorit" o#er the persons of their common chil ren. In case of isagreement$ the father4s ecision shall pre#ail$ unless there is a !u icial or er to the contrar". Chil ren shall alwa"s obser#e respect an re#erence towar s their parents an are oblige to obe" them as long as the chil ren are un er parental authorit". Art. &1&. In case of absence or eath of either parent$ the parent present shall continue e%ercising parental authorit". The remarriage of the sur#i#ing parent shall not affect the parental authorit" o#er the chil ren$ unless the court appoints another person to be the guar ian of the person or propert" of the chil ren. )n* Art. &1.. In case of separation of the parents$ parental authorit" shall be e%ercise b" the parent esignate b" the Court. The Court shall ta/e into account all rele#ant consi erations$ especiall" the choice of the chil o#er se#en "ears of age$ unless the parent chosen is unfit. )n* Art. &10. In case of eath$ absence or unsuitabilit" of the parents$ substitute parental authorit" shall be e%ercise b" the sur#i#ing gran parent. In case se#eral sur#i#e$ the one esignate b" the court$ ta/ing into account the

same consi eration mentione authorit".

in the prece ing article$ shall e%ercise the

Art. &1-. 'o escen ant shall be compelle $ in a criminal case$ to testif" against his parents an gran parents$ e%cept when such testimon" is in ispensable in a crime against the escen ant or b" one parent against the other. Chapter &. <ubstitute an <pecial 9arental Authorit" Art. &13. In efault of parents or a !u iciall" appointe guar ian$ the following person shall e%ercise substitute parental authorit" o#er the chil in the or er in icate ( )1* The sur#i#ing gran parent$ as pro#i e in Art. &10+ )&* The ol est brother or sister$ o#er twent"5one "ears of age$ unless unfit or isqualifie + an ).* The chil 4s actual custo ian$ o#er twent"5one "ears of age$ unless unfit or isqualifie . :hene#er the appointment or a !u icial guar ian o#er the propert" of the chil becomes necessar"$ the same or er of preference shall be obser#e . Art. &11. In case of foun lings$ aban one neglecte or abuse chil ren an other chil ren similarl" situate $ parental authorit" shall be entruste in summar" !u icial procee ings to hea s of chil ren4s homes$ orphanages an similar institutions ul" accre ite b" the proper go#ernment agenc". Art. &12. The school$ its a ministrators an teachers$ or the in i#i ual$ entit" or institution engage in chil are shall ha#e special parental authorit" an responsibilit" o#er the minor chil while un er their super#ision$ instruction or custo ". Authorit" an responsibilit" shall appl" to all authori,e acti#ities whether insi e or outsi e the premises of the school$ entit" or institution. Art. 1&7. Those gi#en the authorit" an responsibilit" un er the prece ing Article shall be principall" an soli aril" liable for amages cause b" the acts or omissions of the unemancipate minor. The parents$ !u icial guar ians or the persons e%ercising substitute parental authorit" o#er sai minor shall be subsi iaril" liable.

The respecti#e liabilities of those referre to in the prece ing paragraph shall not appl" if it is pro#e that the" e%ercise the proper iligence require un er the particular circumstances. All other cases not co#ere b" this an the prece ing articles shall be go#erne b" the pro#isions of the Ci#il Co e on quasi5 elicts. )n*

Chapter .. Effect of 9arental Authorit" Dpon the 9ersons of the Chil ren
Art. &&6. The parents an those e%ercising parental authorit" shall ha#e with the respect to their unemancipate chil ren on war s the following rights an uties( )1* To /eep them in their compan"$ to support$ e ucate an instruct them b" right precept an goo e%ample$ an to pro#i e for their upbringing in /eeping with their means+ )&* To gi#e them lo#e an affection$ companionship an un erstan ing+ a #ice an counsel$

).* To pro#i e them with moral an spiritual gui ance$ inculcate in them honest"$ integrit"$ self5 iscipline$ self5reliance$ in ustr" an thrift$ stimulate their interest in ci#ic affairs$ an inspire in them compliance with the uties of citi,enship+ )0* To furnish them with goo an wholesome e ucational materials$ super#ise their acti#ities$ recreation an association with others$ protect them from ba compan"$ an pre#ent them from acquiring habits etrimental to their health$ stu ies an morals+ )-* To represent them in all matters affecting their interests+ )3* To eman from them respect an obe ience+ )1* To impose iscipline on them as ma" be require circumstances+ an )2* To perform such other an guar ians. uties as are impose un er the

b" law upon parents

Art. &&1. 9arents an other persons e%ercising parental authorit" shall be ci#ill" liable for the in!uries an amages cause b" the acts or omissions of

their unemancipate chil ren li#ing in their compan" an un er their parental authorit" sub!ect to the appropriate efenses pro#i e b" law. Art. &&&. The courts ma" appoint a guar ian of the chil 4s propert" or a guar ian a litem when the best interests of the chil so requires. ).11* Art. &&.. The parents or$ in their absence or incapacit"$ the in i#i ual$ entit" or institution e%ercising parental authorit"$ ma" petition the proper court of the place where the chil resi es$ for an or er pro#i ing for isciplinar" measures o#er the chil . The chil shall be entitle to the assistance of counsel$ either of his choice or appointe b" the court$ an a summar" hearing shall be con ucte wherein the petitioner an the chil shall be hear . =owe#er$ if in the same procee ing the court fin s the petitioner at fault$ irrespecti#e of the merits of the petition$ or when the circumstances so warrant$ the court ma" also or er the epri#ation or suspension of parental authorit" or a opt such other measures as it ma" eem !ust an proper. Art. &&0. The measures referre to in the prece ing article ma" inclu e the commitment of the chil for not more than thirt" a"s in entities or institutions engage in chil care or in chil ren4s homes ul" accre ite b" the proper go#ernment agenc". The parent e%ercising parental authorit" shall not interfere with the care of the chil whene#er committe but shall pro#i e for his support. Dpon proper petition or at its own instance$ the court ma" terminate the commitment of the chil whene#er !ust an proper.

Chapter 0. Effect of 9arental Authorit" Dpon the 9ropert" of the Chil ren Art. &&-. The father an the mother shall !ointl" e%ercise legal guar ianship o#er the propert" of the unemancipate common chil without the necessit" of a court appointment. In case of isagreement$ the father4s ecision shall pre#ail$ unless there is a !u icial or er to the contrar". :here the mar/et #alue of the propert" or the annual income of the chil e%cee s 9-6$666$ the parent concerne shall be require to furnish a bon in such amount as the court ma" etermine$ but not less than ten per centum )16F* of the #alue of the propert" or annual income$ to guarantee the performance of the obligations prescribe for general guar ians.

A #erifie petition for appro#al of the bon shall be file in the proper court of the place where the chil resi es$ or$ if the chil resi es in a foreign countr"$ in the proper court of the place where the propert" or an" part thereof is situate . The petition shall be oc/ete as a summar" special procee ing in which all inci ents an issues regar ing the performance of the obligations referre to in the secon paragraph of this Article shall be hear an resol#e . The or inar" rules on guar ianship shall be merel" suppletor" e%cept when the chil is un er substitute parental authorit"$ or the guar ian is a stranger$ or a parent has remarrie $ in which case the or inar" rules on guar ianship shall appl". Art. &&3. The propert" of the unemancipate chil earne or acquire with his wor/ or in ustr" or b" onerous or gratuitous title shall belong to the chil in ownership an shall be e#ote e%clusi#el" to the latter4s support an e ucation$ unless the title or transfer pro#i es otherwise. The right of the parents o#er the fruits an income of the chil 4s propert" shall be limite primaril" to the chil 4s support an secon aril" to the collecti#e ail" nee s of the famil". Art. &&1. If the parents entrust the management or a ministration of an" of their properties to an unemancipate chil $ the net procee s of such propert" shall belong to the owner. The chil shall be gi#en a reasonable monthl" allowance in an amount not less than that which the owner woul ha#e pai if the a ministrator were a stranger$ unless the owner$ grants the entire procee s to the chil . In an" case$ the procee s thus gi#e in whole or in part shall not be charge to the chil 4s legitime.

Chapter -. <uspension or Termination of 9arental Authorit"

Art. &&2. 9arental authorit" terminates permanentl"( )1* Dpon the eath of the parents+ )&* Dpon the eath of the chil + or ).* Dpon emancipation of the chil .

Art. &&7. Dnless subsequentl" re#i#e authorit" also terminates( )1* Dpon a option of the chil +

b" a final !u gment$ parental

)&* Dpon appointment of a general guar ian+ ).* Dpon !u icial eclaration of aban onment of the chil file for the purpose+ )0* Dpon final !u gment of a competent court concerne of parental authorit"+ or in a case

i#esting the part"

)-* Dpon !u icial eclaration of absence or incapacit" of the person e%ercising parental authorit". Art. &.6. 9arental authorit" is suspen e upon con#iction of the parent or the person e%ercising the same of a crime which carries with it the penalt" of ci#il inter iction. The authorit" is automaticall" reinstate upon ser#ice of the penalt" or upon par on or amnest" of the offen er. Art. &.1. The court in an action file for the purpose in a relate case ma" also suspen parental authorit" if the parent or the person e%ercising the same( )1* Treats the chil with e%cessi#e harshness or cruelt"+ )&* Gi#es the chil corrupting or ers$ counsel or e%ample+ ).* Compels the chil to beg+ or )0* <ub!ects the chil lasci#iousness. or allows him to be sub!ecte to acts of

The groun s enumerate abo#e are eeme to inclu e cases which ha#e resulte from culpable negligence of the parent or the person e%ercising parental authorit". If the egree of seriousness so warrants$ or the welfare of the chil so eman s$ the court shall epri#e the guilt" part" of parental authorit" or a opt such other measures as ma" be proper un er the circumstances.

The suspension or epri#ation ma" be re#o/e an the parental authorit" re#i#e in a case file for the purpose or in the same procee ing if the court fin s that the cause therefore has cease an will not be repeate . Art. &.&. If the person e%ercising parental authorit" has sub!ecte the chil or allowe him to be sub!ecte to se%ual abuse$ such person shall be permanentl" epri#e b" the court of such authorit". )n* Art. &... The person e%ercising substitute parental authorit" shall ha#e the same authorit" o#er the person of the chil as the parents. In no case shall the school a ministrator$ teacher of in i#i ual engage in chil care e%ercising special parental authorit" inflict corporal punishment upon the chil . )n*

TITLE C EMA'CI9ATI>' A'; AGE >8 MAG>RITE

Art. &.0. Emancipation ta/es place b" the attainment of ma!orit". Dnless otherwise pro#i e $ ma!orit" commences at the age of twent"5one "ears. Emancipation also ta/es place( )1* @" the marriage of the minor+ or )&* @" the recor ing in the Ci#il Register of an agreement in a public instrument e%ecute b" the parent e%ercising parental authorit" an the minor at least eighteen "ears of age. <uch emancipation shall be irre#ocable. Art. &.-. The pro#isions go#erning emancipation b" recor e agreement shall also appl" to an orphan minor an the person e%ercising parental authorit" but the agreement must be appro#e b" the court before it is recor e . )n* Art. &.3. Emancipation for an" cause shall terminate parental authorit" o#er the person an propert" of the chil who shall then be qualifie an responsible for all acts of ci#il life. Art. &.1. The annulment or eclaration of nullit" of the marriage of a minor or of the recor e agreement mentione in the foregoing. Articles &.0 an

&.- shall re#i#e the parental authorit" o#er the minor but shall not affect acts an transactions that too/ place prior to the recor ing of the final !u gment in the Ci#il Register. )n*

TITLE CI <DMMARE GD;ICIAL 9R>CEE;I'G< I' T=E 8AMILE LA: Chapter 1. 9refator" 9ro#isions
Art. &.2. Dntil mo ifie b" the <upreme Court$ the proce ural rules pro#i e for in this Title shall appl" as regar s separation in fact between husban an wife$ aban onment b" one of the other$ an inci ents in#ol#ing parental authorit".)n*

Chapter &. <eparation in 8act

Art. &.7. :hen a husban an wife are separate in fact$ or one has aban one the other an one of them see/s !u icial authori,ation for a transaction where the consent of the other spouse is require b" law but such consent is withhel or cannot be obtaine $ a #erifie petition ma" be file in court alleging the foregoing facts. The petition shall attach the propose ee $ if an"$ embo "ing the transaction$ an $ if none$ shall escribe in etail the sai transaction an state the reason wh" the require consent thereto cannot be secure . In an" case$ the final ee ul" e%ecute b" the parties shall be submitte to an appro#e b" the court. )n* Art. &06. Claims for amages b" either spouse$ e%cept costs of the procee ings$ ma" be litigate onl" in a separate action. )n* Art. &01. Guris iction o#er the petition shall$ upon proof of notice to the other spouse$ be e%ercise b" the proper court authori,e to hear famil" cases$ if one e%ists$ or in the regional trial court or its equi#alent sitting in the place where either of the spouses resi es. )n* Art. &0&. Dpon the filing of the petition$ the court shall notif" the other spouse$ whose consent to the transaction is require $ of sai petition$ or ering sai spouse to show cause wh" the petition shoul not be grante $ on or before the ate set in sai notice for the initial conference. The notice

shall be accompanie b" a cop" of the petition an last /nown a ress of the spouse concerne . )n*

shall be ser#e

at the

Art. &0.. A preliminar" conference shall be con ucte b" the !u ge personall" without the parties being assiste b" counsel. After the initial conference$ if the court eems it useful$ the parties ma" be assiste b" counsel at the succee ing conferences an hearings. )n* Art. &00. In case of non5appearance of the spouse whose consent is sought$ the court shall inquire into the reasons for his failure to appear$ an shall require such appearance$ if possible. )n* Art. &0-. If$ espite all efforts$ the atten ance of the non5consenting spouse is not secure $ the court ma" procee e% parte an ren er !u gment as the facts an circumstances ma" warrant. In an" case$ the !u ge shall en ea#or to protect the interests of the non5appearing spouse. )n* Art. &03. If the petition is not resol#e at the initial conference$ sai petition shall be eci e in a summar" hearing on the basis of affi a#its$ ocumentar" e#i ence or oral testimonies at the soun iscretion of the court. If testimon" is nee e $ the court shall specif" the witnesses to be hear an the sub!ect5matter of their testimonies$ irecting the parties to present sai witnesses. )n* Art. &01. The !u gment of the court shall be imme iatel" final an e%ecutor". )n* Art. &02. The petition for !u icial authorit" to a minister or encumber specific separate propert" of the aban oning spouse an to use the fruits or procee s thereof for the support of the famil" shall also be go#erne b" these rules. )n* Chapter .. Inci ents In#ol#ing 9arental Authorit" Art. &07. 9etitions file un er Articles &&.$ &&- an in#ol#ing parental authorit" shall be #erifie . )n* Art. &-6. <uch petitions shall be #erifie place where the chil resi es. )n* an file &.- of this Co e

in the proper court of the

Art. &-1. Dpon the filing of the petition$ the court shall notif" the parents or$ in their absence or incapacit"$ the in i#i uals$ entities or institutions e%ercising parental authorit" o#er the chil . )n*

Art. &-&. The rules in Chapter & hereof shall also go#ern summar" procee ings un er this Chapter insofar as the" are applicable. )n* Chapter 0. >ther Matters <ub!ect to <ummar" 9rocee ings Art. &-.. The foregoing rules in Chapters & an . hereof shall li/ewise go#ern summar" procee ings file un er Articles 01$ -1$ 37$ 1.$ 73$ 1&0 an 1&1$ insofar as the" are applicable. )n*

TITLE CII 8I'AL 9R>?I<I>'<

Art. &-0. Titles III$ I?$ ?$ ?I$ ?III$ IC$ CI$ an C? of @oo/ 1 of Republic Act 'o. .23$ otherwise /nown as the Ci#il Co e of the 9hilippines$ as amen e $ an Articles 11$ 12$ 17$ &1$ &2$ &7$ .6$ .1$ .7$ 06$ 01$ an 0& of 9resi ential ;ecree 'o. 36.$ otherwise /nown as the Chil an Eouth :elfare Co e$ as amen e $ an all laws$ ecrees$ e%ecuti#e or ers$ proclamations$ rules an regulations$ or parts thereof$ inconsistent herewith are hereb" repeale . Art. &--. If an" pro#ision of this Co e is hel not affecte thereb" shall remain #ali . in#ali $ all the other pro#isions

Art. &-3. This Co e shall ha#e retroacti#e effect insofar as it oes not pre!u ice or impair #este or acquire rights in accor ance with the Ci#il Co e or other laws. Art. &-1. This Co e shall ta/e effect one "ear after the completion of its publication in a newspaper of general circulation$ as certifie b" the E%ecuti#e <ecretar"$ >ffice of the 9resi ent. ;one in the Cit" of Manila$ this 3th a" of Gul"$ in the "ear of >ur Lor $ nineteen hun re an eight"5se#en.