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Persons and Family Relations 2009 (Atty. Sta.

Maria)

CIVIL CODE OF THE PHILIPPINES: Preliminary Title


Article Summary
Summarized Annotation:
Article 1: Civil Code of the
Philippines
Art. 2: Laws shall take effect 15
Civil code took effect on August 30, 1950
days following the completion of
EO 200 was issued by President Aquino on June 1987 which provided
their publication
that pursuant to the ruling in Taada v. Tuvera publication need not be
made in the Official Gazette, considering its erratic release and limited
readership.
Newspapers for general circulation could better perform the function of
communicating the laws to the peoplemore available, wider
circulation, comes out regularly.
If a statute does not provide for its effectivity, it will only take effect
15days after the completion of its publication. (No one shall be charged
under the statute until the completion of the publication.)
Statutes may provide for another number of days for publication. The
statement unless otherwise provided refers only to the 15 days (which
can be changed to a different number) and not the requirement of
publication. Publication is indispensable.
Art. 3: Ignorance of the law
excuses no one from compliance
therewith.
Art. 4: Laws shall not be
retroactive unless provided

It is the presumption that every person knows the law.


Ignorance cannot be put up as a defense because it can always be
used causing disorder in society
This is the reason why publication is an essential element, so that no
one can excuse himself or herself for not knowing.
Statutes are to be construed as having prospective or future operation
only it is not meant to be applicable to the past unless it is expressly
provided for or is clearly and necessarily implied from the law.
Cases when the law may be given retroactive effect:
1. The law expressly provides
2. When the law is curative or remedial meant to cure defects in order to
enforce existing obligations. To enable people to carry into effect what
they intended in the obligation but could not due to some statute. Not
meant to impair obligation or affect vested rights.
3. When the law is procedural when it deals with procedure it applies to
all actions, which have accrued, or pending and future actions.
Ex. When the legislature provides that all bills should under go 4 readings
instead of 3. This affects all bills that have been created and even those already
undergoing readings.

Added Info:
Covered Under this Rule:
Presidential decrees and
executive orders by the
president in exercise of his
legislative powers.
Administrative rules and
regulations if their purpose is
to enforce or implement
existing law pursuant to a
valid delegation.
City charter must be
published even if it is only
applicable to a portion of
national territory
* Interpretative regulation and those
internal in nature need not be
published.
Maxim: ignorantia legis non excusat

Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 5: Acts committed against


mandatory and prohibitory laws
shall be void.

Art. 6: Waiver of Rights

Art. 7: Repealed Laws

Art. 8: Judicial decisions form case


laws
Art. 9: Responsibility of the courts
Art. 10: It is presumed that the
lawmaking body intended right and
justice to prevail

4. When the law is penal in character and is favorable to the accused.


MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that
are mandatory in the law, it renders the proceeding or acts to which it relates as
illegal or void.
Ex. The law provides The action to revoke the donation under this article must
be brought within 5 years from the time the decree of legal separation has
become final. (Article 64, Family Code)
PROHIBITORY LAWS: Those that one is not supposed to do. Couched in
negative terms.
Ex. The law provides that No legal separation may be decreed unless the court
has taken steps towards reconciliation. (Article 59, Family Code)
Rights may be waived unless it is contrary to law, public policy, morals
or good customs, or prejudicial to a third person with a right recognized
by law.
The right must exist at the time of the waiver.
Requisites:
1. The person knows that a right exists
2. Has adequate knowledge upon which to make an intelligent decision
3. Knowledge of the facts related to the right to be waived
4. Must be shown that the waiver is made knowingly and intelligently
- Rights provided for in statutes can generally be waived unless the object of the
statute is to protect or promote public interest
Laws are repealed only by subsequent ones
Between a law and the Constitution, the latter prevails
Administrative or executive acts are valid only when they are not
contrary to laws or the Constitution
REPEAL: legislative act of abolishing a previous statute through a new law
Where a portion of a statute is rendered unconstitutional and part is
valid the parts may be separated if they can stand independently of one
another.

Examples of what cannot be waived:


1. Waiver against the right to
purchase land.
2. Waive an action against
future fraud
3. Waive right to receive less
than the compensation a
worker is to receive under
the law.

- Judicial decisions, applying and interpreting laws and the Constitution, assume
the same authority as laws.
- Judges must not evade performance of their responsibility because of an
apparent non-existence or vagueness of a law governing a particular legal
dispute.
The court must first apply the law, only when there is ambiguity in its
application should there be any kind of interpretation.
The interpretation should be in line with the intent of the legislature or
the end sought to be attained.

Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 11: Customs


Art. 12: Customs must be proved
accdg. to the rules of evidence.
Art. 13: Years, days, months

Art. 14: Penal laws

CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as a


social rule, which is legally binding and has obligatory force.
JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike a
social custom, which cannot do so.
Years: 365 days each
Months: 30 days if designated by their name, they shall be computed by the
number of days that they respectively have
Hour: 24 hours
Nights: Sunset to sunrise
- In computing a period first day exclude last day included
All citizens or foreigners who sojourn are subject to all penal laws and
laws meant for public security and safety.
-

Art. 15: Nationality rule

Art. 16: Real & Personal Property

Art. 17: Forms and Solemnities of


contracts/will, acts done before
consular officials, prohibitive laws

Art. 18: Deficiency in the Code of


Commerce and special laws

Regardless of where a citizen of the Philippines might be he or she will


still be governed by Philippine laws when it comes to family rights,
duties, or to his or her legal status and legal capacity,

Exception:
Foreigners who are immune from suit
and thus cannot be charged
(diplomatic agents)
Thus a Filipino cannot get a divorce
even if he or she goes abroad, since
divorce is not recognized in the
Philippines

Real and Personal Property are subject to the law of the country where
it is found. However, when it comes to the order, amount, and intrinsic
validity of the succession it shall be regulated by the law of the person
whose succession is being considered regardless of where the property
is to be found.
Extrinsic validity: the laws shall govern the forms of contracts and wills where
they are made. Thus a will made in the U.S. must follow the laws regarding the
forms of wills in the U.S.
Acts before Diplomatic and Consular Officials: Any act or contract made in a
foreign country made before the diplomatic and consular officials must also
conform to Philippine laws. This is because in the premises of a diplomatic office
the foreign country waives its jurisdiction so the Philippine laws govern in the
premises of the Philippine Diplomatic Office in foreign countries.
Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and
those meant for public order, public policy, or good customs will continue to be in
effect even if the person is in a different country with different laws.
Ex. A Filipino gets married to 2 women in another country where bigamy is legal,
the second marriage is void since bigamy is not permitted in the Philippines.
-

When there are deficiencies in the Code of Commerce and Special


Laws the civil code will govern such deficiency.
Ex. In the Code of Commerce there is no stated prescription date for a certain
act, thus the provisions on prescription in the civil code will govern.

Persons and Family Relations 2009 (Atty. Sta. Maria)

However one must check the kind of transaction at hand and whether
the civil code provision is applicable
Ex. In a previous case, the Carriage of Goods by Sea Act there is a one year
prescription for making a claim for loss or damage and the plaintiff believed that
he could extend the prescriptive period by giving a written demand pursuant to
Art. 1155 of the civil code, especially since the civil code is meant to be
supplementary according to Art. 18. However the Supreme Court ruled that it
was not applicable because when it comes to matters of goods in transport it is
desirable that it be resolved at once taking into consideration the nature of the
goods.
HUMAN RELATIONS
Art. 19: Abuse of right doctrine

Art. 20: willfully or negligently


causes damage to another
Art. 21: Contrary to good
customs, morals, or public policy

Art. 22: One who comes into the


possession of another is obliged
to make restitution
Art. 23: Even if the act was not
due to ones fault or negligence he
is still liable for indemnity if he
was benefited.
Art. 24: Protecting the rights of
the disadvantage
Art. 25: Extravagance during
acute public want or emergency

Meant to be a law of justice and fairness especially in instances wherein there


is no specific law to prevent acts of abuse to another.
It is a rule of conduct that is meant to create a harmonious and orderly relation
ship between people
Speaks of the general sanction for all other provisions of law, which do not
especially provide their own sanction.
Designed to fill in the countless gaps in the statutes, which leave many victims
without recourse.
Elements:
1. There is an act which is legal
2. But which is contrary to morals, good customs, public order, public policy
3. And it is done with intent to injure
- Presupposes material or other loss which one may suffer as a result of another
persons act
UNJUST ENRICHMENT: one should not unduly profit on something which he does not
own
- Thus if one is benefited at the expense of another, he must pay or indemnify the other
for what he has gained.

*The three articles are related


to each other and under these
articles an act, which causes
injury to another, may be made
the basis for an award for
damages.

It is the courts duty to render justice and give protection on account of those who are
disadvantage due to moral dependence, ignorance, indigence (poverty), mental
weakness, tender age or other handicap.
The courts at the instance of the government or any private charitable institution can
order one to stop extreme spending during times of emergency.
Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power
his private amusement park. the court may order him to seize such at the instance of
the government or charitable institution to prevent such in times of emergency.

Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 26: Respect privacy of others.


Respect for human dignity

- Meant to enforce the right of one to his privacy in ones own home, religious freedom,
prevent moral suffering, vexation, humiliation,

Art. 27: Public servant refuses or


neglects to do his duty without
just cause
Art. 28: Unfair competition

- One may file an action for damages against the officer who does not perform his official
duty without just cause.
- A public officer who commits a tort or other wrongful act is still liable to the victim.
- Necessary to promote a system of free enterprise and a fair chance for others to
engage in business and earn a living.
- If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil
action may be made and the degree of proof necessary is only a preponderance of
evidence which means that more evidence is adduced to prove the guilt of the accused
compared to that to defend him.
- A civil obligation arising from a criminal offense only needs a preponderance of
evidence as the quantum of proof,
Usually a criminal proceeding, if commenced, must be terminated before a civil
proceeding can begin. If a civil proceeding has begun and later on a criminal
proceeding is filed, the civil proceeding is put on hold until the criminal
proceeding has finished.
However when the civil obligation is separate from the crime committed it may
proceed independently of the criminal proceeding.
Certain injuries do not arise from the commission of a crime.
Ex. A bus driver crashes the bus because he is drunk. The civil action here is based from
the breach of the contractual obligation of all common carriers to take extra diligence in
driving his passengers. The criminal action here is based on the drivers criminal
negligence. The first is governed by the civil code and the second is from the Revised
Penal Code.
- Necessary to have an absolute separate and independent civil action for the violation
of civil liberties for the effective maintenance of democracy.
- Principle is to allow the citizen to enforce his rights regardless of State action so that
citizens will not depend upon the government for the vindication of their own private
rights.
- Includes fraud, defamation, physical injuries and are understood in their ordinary
sense.

Art. 29: Civil action when guilt is


not proved beyond reasonable
doubt
Art. 30: Civil obligation arising
from a criminal offense
Art. 31: Civil obligation not arising
from the felony

Art. 32: Civil action for violation of


constitutional rights
Art. 33: Civil action for violation of
private rights

Art. 34: Members of the Police


Force

Art 35: Reservation of civil action

When there is danger to life or property, and the police officer refuses to give
aid and protection, such peace officer shall be primarily liable for damages, and
the city or municipality shall be subsidiarily responsible.
An independent civil action can be instituted wherein a preponderance of
evidence is all that is required.
- When a person claiming to be injured by a criminal offense, charges another but the
judges fails to find any crime to have been committed or if the prosecuting attorney

The touchstone of every


system of laws is how far it
dignifies man.
*If the officer is no day off, then
one cannot file an action
against him.

*Criminal negligence (reckless


imprudence) is not included in
this article, thus an
independent action for such
cannot be made independently
from the criminal prosecution.

If complaint be malicious,
defendant may can be

Persons and Family Relations 2009 (Atty. Sta. Maria)

refuses/fails to institute criminal proceedings, complainant may file a civil action for
damages against the alleged offender
Art. 36: Prejudicial Questions
The general rule is that the criminal case takes precedence; an exception
would be if there exist prejudicial questions, which should be resolved before
the criminal case.
PREJUDICIAL QUESTION: That which must precede the criminal action that which
requires a decision before a final judgment is rendered in the principal action where the
said question is closely connected. The resolution of the Prejudicial question will
determine if the criminal action may proceed.
Ex. A and B got married. B then married C. A filed a case for bigamy against B. B also
filed a civil case against C (the second spouse) contending that she was intimidated into
marrying C. The civil case to determine whether there was intimidation or not must
necessary be resolved before the bigamy case. If B was indeed intimidated in marrying
C, there is no bigamy.
CIVIL PERSONALITY: GENERAL PROVISIONS
Art. 37: Juridical Capacity and
JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in every
Capacity to Act.
person and is lost only through death.
- Acquired when one is conceived (rights of the unborn child)
CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost
- Acquired when one reaches the age of majority, lost in cases like civil interdiction1.
Art. 38: Restrictions on the
Restrictions on the capacity to act: Minority, insanity or imbecility, state of being a deafcapacity to act
mute, prodigality, and civil interdiction are mere restrictions on the capacity to act. Do
not exempt the person from certain obligations.
Art. 39: Modification or limit
Modify/limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute,
capacity to act
penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship.
NATURAL PERSONS
Art. 40: Commencement of Civil
personality

Art. 41: conditions to determine


when the child is considered
conceived.

Art. 42: Civil personality


extinguished at death

Birth determines personality but the conceived child shall be considered born
for all purposes that are favorable to it. Provided that the conceived child is later
born with the conditions in Art. 41.
The fetus is considered born if it is alive from the time it was completely
delivered from the mothers womb. BUT if the fetus was alive in the womb for
less than 7 months it is not deemed born if it dies within 24 hours it is delivered
form the womb.
Death puts an end to civil personality
Dead person continues to have personality only through contract, will, or as
determined by law. Creditors can still claim from the estate of the deceased
any obligation due to them.

indemnified through the


plaintiffs bond

* Both men and women are


qualified from all acts of civil
life when they reach the age of
majority (18 years old)

-For purposes of inheritance


and succession, a child
conceived at the time of death
of the decedent can s

An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or
guardianship, right to manage his property and the right to dispose of such property by any act.

Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 43: Doubt between the death


of two or more persons

JURIDICAL PERSONS
Art. 44: Who are juridical persons
Art. 45: What governs juridical
persons
Art. 46: Rights and obligations of
juridical persons

Art. 47: Dissolution of


corporations

No human body shall be buried unless the proper death certificate has been
presented and recorded however during an epidemic bodies may be buried
provided that the death certificate be secured within 5 days after the burial.
Applies to persons who are called to succeed each other like mother and child.
(Necessary to determine the amount of inheritance one is to receive,
transmission of rights, etc.)
If there is no proof as to who died first, they are presumed to have died at the
same time and thus no transmission of rights from one to the other.
Proof of death cannot be established from mere inference or presumptions. It
must be established by clear positive evidence.

JURIDICAL PERSON: Being of legal existence susceptible of rights and obligations.


1. State: organized corporate society under a government with the legal
competence to exact obedience of its commands. It can enter into treaties and
contracts.
- The state cannot be sued without its consent (implied or expressed)
2. Political subdivisions: municipal corporations that consist of provinces, cities
and municipalities. They can be sued because it is granted by their charters but
they are generally not liable for torts committed in the discharge of their
governmental functions.
3. Corporation: An artificial being created by operation of law and has the powers
and attributes granted to it by the law, which created it.
4. Partnership: 2 or more persons bind themselves to make contributions to a
common fund with the intention of dividing the profits among themselves.
*Corporations, partnerships, and associations for private interest and purpose may be
granted a separate and distinct personality from the shareholders or members (this is
known as the veil of corporate fiction). However, this veil may be pierced, thus making
the shareholders and members liable, when the fiction is used to defeat public
convenience, justify wrong, protect fraud, defend crime, perpetrate deception, etc.
*State and political subdivisions, other corporations, institutions, and entities for public
interest or purpose are governed by the laws creating them.
*Private corporations are regulated by laws of general application on the subject
*Partnerships are governed by the provisions of this Code concerning partnerships
*Juridical persons may acquire and possess property of all kinds and incur obligations in
conformity with the laws and regulations of their organization.
Upon the dissolution of such entities mentioned above, their properties and
other assets should be disposed of in pursuance of law or the charter creating
it.
If there is nothing in the law, it shall be applied for a similar purpose for the
benefit of the region/province/city it is in.

CITIZENSHIP AND DOMICILE

Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 48: Who are citizens


of the Philippines
Art. 49: Naturalization
and reacquisition of loss
citizenship
Art. 50: Domicile of
natural persons

Art. 51: Domicile of


juridical person

Citizens of the Philippines:


1. Those who are citizens at the time of the adoption of the Philippine Constitution.
2. Those born in the Philippines, before the adoption of the said constitution, with
foreign parents who have been elected to public office in the Philippines.
3. Those whose Fathers are Filipino
4. Those whose mothers are Filipino and elect Philippine Citizenship when they reach
the age of majority.
5. Those who are naturalized
DOMICILE: Fixed permanent resident, a place wherein, although one may be absent from,
one still has the intention of returning and remaining for an unlimited time. There is only one
domicile.
A minor follows the domicile of his parents
Change in Domicile:
1. An actual removal or an actual change or domicile
2. A bona fide intention of abandoning the former domicile and establishing a new one.
3. Act, which correspond with the purpose (physical presence in the area, move family
in area, register as a voter in the area, etc.)
RESIDENCE: Indicates a place of abode whether permanent or temporary, not necessarily
the domicile. There may be more than one residence.
- When the law creates or recognizes a juridical person but doesnt fix the domicile it shall be
understood to be the place where it has legal representation

Jus Sanguinis: Refers to citizenship


by blood. This is the concept
followed in the Philippines.
Jus Soli: Refers to citizenship on the
basis of the place of birth
Acquisition of Citizenship: for a
foreigner to be able to become a
Philippine citizen, a proper petition
shall be filed in the proper court.
Ground for Reacquisition of
Citizenship:
1.By naturalization
2.Repatriation of deserters of the
Army, Navy or Air Corps. (Woman
who has lost her citizenship by
reason of marriage to an alien may
be repatriated after the termination
of her marital status)
3.By direct act of congress

Persons and Family Relations 2009 (Atty. Sta. Maria)

THE FAMILY CODE OF THE PHILIPPINES: Took effect on August 3, 1988 signed by President Corazon Aquino (Executive Order 209)
REQUISITES OF MARRIAGE:
Article
Summary of Annotation
Additional
Info/Exceptions/Connected
with:
Art. 1: Marriage is a special contract of permanent union
Nature of Marriage:
*Marriage as a special contract
between a man and a woman entered into in accordance
-Marriage is one of the basic civil rights of man. The freedom
cannot be restricted by
with the law for the establishment of conjugal and family life.
to marry has been recognized as a vital personal right towards discriminatory policies of private
It is the foundation of the family and an inviolable social
the pursuit of mans happiness.
individuals or corporations.
institution whose nature, consequences, and incidents are
-Still considered as a special civil contract regulated by law
governed by law and not subject to stipulation, except that
due to the high state interest in protecting and safeguarding
MAIL-ORDER BRIDE:
marriage settlements may fix the property relations during
the family.
considered as a criminal offense
the marriage within the limits provided by the code.
-A contract to marry, unlike other contracts, cannot be modified because marriage is vested with
or changed. Once it is executed a relation is formed between
public interest. (Connected with
the parties that cannot be altered. The law steps in to hold or
the Anti-Trafficking Act)
bind the parties together.
Acts punished:
-A subsequent marriage between the rapist and raped victim
1. Carry on such a business
extinguishes the criminal action or penalty of the rapist. In
2. To advertise the promotion of
case of marital rape2
such acts.
3. Solicit or attract or any Filipino
Marriage Status: Marriage creates a social status, which the
woman to become a member in a
state is interested in protecting. It is a case where a double
club that matches women for
status is created, involves and affects two persons.
marriage to foreign nationals for
a fee.
Marriage in International Law: men and women of full age
4. Use the postal service to
without any limitation due to race, nationality or religion have
promote the prohibited acts.
the right to marry and found a family.
1. Universal Declaration of Human Rights
VALIDITY OF MARRIAGE:
2. International Covenant on Economic, Social and Cultural
governed by the law effective at
Rights
the time of the celebration of the
3. International Covenant on Civil and Political Rights.
marriage.
Constitutional Protection: The State recognizes the sanctity of
family life and shall protect and strengthen it. The state also
recognizes marriage as an inviolable social institution and the
foundation of the family and shall be protected by the state.
* The constitutional provisions on marriage however do NOT
2

Marital rape is now considered a crime wherein the legal husband is the offender and the wife is the victim. Prior to this marital rape was not considered a crime
because it was considered the right of the husband to have sexual intercourse with his wife whenever he pleased.

Persons and Family Relations 2009 (Atty. Sta. Maria)

mean that legislature cannot enact a law allowing absolute


divorce. Marriage is subject to the control of the legislature but
it must not contravene mandates of Constitution.

Art 2: No marriage shall be valid unless these essential


requisites are present:
1. Legal capacity of the contracting parties who must
be a male and female.
2. Consent freely given in the presence of the
solemnizing officer

Art. 3: The formal requisites of marriage are:


1. Authority of the solemnizing officer
2. A valid marriage license except in the cases
provided for in Chapter 2 of this title
3. A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and their personal declaration
that they take each other as husband and wife in
the presence of not less than 2 witnesses of legal
age.
Art. 4: The absence of any of the essential or formal

Property Relations: Only property relations may be fixed and


arranged in a marriage settlement prior to the marriage
ceremony. However it must still follow the mandatory
provisions of the Family Code.
LEGAL CAPACITY: Marrying age is 18 years old and above,
thus if one of the contracting parties is below 18 years of age,
the marriage is void.
They cannot be related to each other as provided by
Art. 37 and Art. 38 (incestuous marriages and those
against public policy).
There should be no previous valid subsisting
marriage; otherwise the subsequent marriage will be
bigamous.
DIFFERENT SEX: There should be a male and a female.
Marriage is desirable due to the importance of procreation
which is one of the reasons why same sex marriages are
prohibited (due to the impossibility of reproduction)
CONSENT:
1. Must be freely given
2. Made in the presence of the solemnizing officer
Absence of consent makes the marriage void.
However if there is consent but such was obtained
through force, fraud, undue influence, etc then it is
only voidable.
AUTHORITY OF THE SOLEMIZING OFFICER:
Those enumerated in Article 7, he must have the
authority. Thus a priest who has not renewed his
license to marry does not have the authority and
cannot be considered for marriage.
The Local Government Code (Jan. 1, 1992) provides
that a mayor of a city or municipality may now
solemnize marriages.
Chapter 2 Title 1 of Family Code: exempt from license
1. Article 27: Both parties are in articulo mortis marriage

Sex change: has not been shown


that sex reassignment surgery
would allow one to produce
human beings.
Thoughts to ponder: Marriage
should not to be enjoyed only by
heterosexual couples. The right
to marry, found a family, identity,
personality are all rights of
human beings.
*Parties must be personally
present, proxy marriages are
prohibited in the Philippines.

*Presumption leans towards the


legality of the marriage thus the
authority of the officer is
presumed absence the showing
any proof to the contrary.
Merely Irregularities in marriage
license:
1. Marriage license was
made in a different place
other than their
residence.

10

Persons and Family Relations 2009 (Atty. Sta. Maria)

requisites shall render the marriage void ab initio, except as


stated in Article 35 (2) (when one of the contracting parties
believed in good faith that the solemnizing officer had
authority then the marriage is valid)
A defect in any of the essential requisites shall render the
marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the
validity of the marriage but the party or parties responsible
for the irregularity shall be civilly, criminally and
administratively liable.
Art. 5: Any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in
Articles 37 and 38 (incestuous marriages and those against
public policy.) may contract marriage.
Art. 6: No prescribed form or religious rite for the
solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to appear
personally before the solemnizing officer and declare in the
presence of not less than two witnesses of legal age that
they take each other as husband and wife. This declaration
shall be contained in the marriage certificate which shall be
signed by the contracting parties and their witnesses and
attested by the solemnizing officer.
In case of marriage in articulo mortis, when the party is at
the point of death is unable to sign the marriage certificate, it
shall be sufficient for one of the witnesses to the marriage to
write the name of said party, which fact shall be attested by
the solemnizing officer.

will be valid even if the ailing party survives.


Article 28: Residence is in a remote place
In both cases the solemnizing officer must state in an
affidavit that the marriage was performed as such
and that he took necessary steps to ascertain the
ages and that there were no legal impediments to the
marriage.
3. Article 33: Marriages among Muslims or ethnic
cultural communities, as long as performed in
accordance with their customs, rites, practices.
4. Article 34: Cohabitation by the couple for 5 years
* Muslims are governed by Code of Muslim personal laws of
the Philippines and not the Family code but the other ethnic
groups must comply with the other requisites as they are
governed by the Family code.
5. Article 34: Cohabitation between man and woman for
at least 5 years with no legal impediment at time of
marriage.
2.

VALID MARRIAGE LICENSE:


- Lasts for 120 days from the date of issue and effective within
any part of the Philippines only.
MARRIAGE CEREMONY:
- Family code only recognizes ceremonial marriages but there
is no prescribed form of marriage ceremony.
- The minimum requirement is that the parties personally
appear before the solemnizing officer and declare that they
take each other in the presence of at least 2 witness of legal
age.
* Declaration does not have to be vocally expressed may be
inferred by the words used, the manner the ceremony was
made, etc. If a wedding took place there is a presumption that
there was an exchange of vows.
* The absence of 2 witnesses of legal age is merely an
irregularity in the ceremony and does not affect the validity of

2.
3.

4.
5.
6.

Name stated therein is


different or misspelled
Misrepresentation of
age (but has to be
emancipated18 years
and above)
Non-disclosure of prior
marriage and divorce
Falsely stated that he or
she had not been
previously married.
Falsely swore that he or
she is not under
guardianship.

* If the couple have a valid


marriage license but forgot to
bring it then marriage will be valid
(but if they dont have one and
procured one after the marriage
ceremony the marriage will be
void)
* Common law marriages, which
are non-ceremonial, are not
recognized in the Philippines.

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Art. 7: Marriage may be solemnized by:


1. Any incumbent member of the judiciary within the
courts jurisdiction
2. Any priest, rabbi, imam, or minister of any church
or religious sect duly authorized by his church or
religious sect and registered within the civil
registrar general, acting within the limits of the
written authority granted him by his church or
religious sect and provided that at least one of the
contracting parties belongs to the solemnizing
officers church or religious sect
3. Any ship captain or airplane chief in cases
mentioned in Article 31
4. Any military commander of a unit to which a
chaplain is assigned, in the absence of the latter,
during a military operation, likewise only in the
cases mentioned in Article 32 or
5. Any consul-general, consul or vice consul in the
case provided in Article 10.

the marriage.
There is a need to limit the persons who can
solemnize marriages since marriage is an important
institution the state wants to safeguard and protect.
Because the state is interested in marriage, it
becomes a party thereto by manifested in the
consent required and granted to limited number of
officers.
JUDGES: they can only solemnize marriages within their
jurisdiction and they must be incumbent.
Court of Tax Appeals, Sandiganbayan, Court of Appeals,
Supreme Court: National jurisdiction

Absence of jurisdiction would mean the absence of


the authority of the solemnizing officer and thus the
marriage will be null and void.
PRIEST/MINISTER OF A CHURCH OR RELIGIOUS SECT: he
should be authorized by the church to do so, he must be
registered with the civil registry, and at least one of the
contracting parties belongs to his or her church.
SHIP CAPTIAN/PILOT: one of the parties must be at the point
of death, the marriage must be between the passengers or
crewmembers, and the ship or plane must be at sea or in
flight.

An assistant pilot has no authority to solemnize


marriages even if the main pilot dies.
MILITARY COMMANDER: He or she should be a military
commander of a unit, he or she must be a commissioned
officer (his rank should start from second lieutenant), a
chaplain should have been assigned to the unit and such
chaplain is absent, the contracting parties must also be in
articulo mortis either members of the military operation or
civilians, must be within military zone (there should be
widespread military activity not merely practice).
CONSUL-GENERAL, CONSUL, OR VICE CONSUL: they can
only solemnize marriages abroad when both the contracting
parties are Filipino.

* Stopovers during a flight or


voyage are still considered part
of the journey.
*If the host country allows
marriages to be solemnized by
consuls then even if between a
Filipino and non-Filipino, the
marriage will still be valid in
accordance with Art. 26, which
recognizes international comity.
GOOD FAITH OF PARTIES: if
the person who solemnized the
marriage did not legally have the
authority to solemnize a
marriage, if both or one of the
contracting parties believed that
such a person did have the
authority the marriage will be
valid.
Ex. A priest did not renew his
license to marry therefore does
not have the authority to marry. If
one of the contracting parties
knew of this but the other did not
the marriage is still valid.
HOWEVER, they must be one of
the people who can be
authorized if they are not the
marriage will be void (ignorance
of the law excuses no one)
Ex. A couple goes to a janitor to

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 8: The marriage shall be solemnized publicly in the


chambers of the judge or in open court in the church, chapel
or temple, or in the office of the consul-general, consul or
vice-consul, as the case may be, and not elsewhere, except
in the cases of marriages contracted at the point of death or
in remote places in accordance with Article 29 of this Code,
or where both of the parties request the solemnizing officer
in writing in which case the marriage may be solemnized at
a house or place designated by them in a sworn statement
to that effect.
Art. 9: A marriage license shall be issued by the local civil
registrar of the city or municipality where either contracting
party habitually resides, except in marriages where no
license is required in accordance with Chapter 2 of this Title.
Art. 10: Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice consul of the
Republic of the Philippines.
The issuance of the marriage license and the duties of the
local civil registrar and of the solemnizing officer with regard
to the celebration of marriage shall be performed by said
consular official.
Art. 11: Where a marriage license is required, each of the
contracting parties shall file separately a sworn application
for such license with the proper local civil registrar which
shall specify the following:
1. Full name of the contracting parties
2. Place of birth

* They also perform the duties of a local civil registrar (like


issuing the license etc.)
* No matter where they are the solemnities and requirements
mandated by Philippine Law shall be observed.
MAYOR: Pursuant to the Local Government Code, the mayor
of a city or municipality can now solemnize marriages.
* When the mayor cannot perform his duties, the acting mayor
has the authority to solemnize marriages.
Not mandatory but directory in nature.
Its non-compliance will not make the marriage void
but will only cause civil, criminal, or administrative
liability.
Exceptions to venue stated:
1. When the marriage is in articulo mortis
2. When the marriage is in a remote place
(transportation etc. is difficult to come by)
3. When requested by both parties in writing.

get married. Even if both parties


are in good faith in thinking that a
janitor can solemnize a marriage
they should know who by law are
authorized to.

- The marriage license should be procured from the civil


registrar of the city or municipality where either of them
resides. However if they obtain it from another place it is
merely an irregularity and does not affect the validity of the
marriage.
The consular officials absorb the duties of the local
civil registrar and the solemnizing officer when
Filipinos wish to be married abroad.
The ceremony and requirements should be in
accordance with Philippine law.
-

Stating all relevant facts needed in order to determine


legal capacity to marry and the eligibility of the
parties.
Main purpose is to discourage deception, and relieve
from doubt the status of parties who live together.
Provides evidence of the status and legitimacy of

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Persons and Family Relations 2009 (Atty. Sta. Maria)

3.
4.
5.

Age and date of birth


offspring.
Civil Status
MARRIAGE APPLICATION: the civil registrar has to process
If previously married, how, when and where the
and issue a marriage license. Even if the civil registrar knows
previous marriage was dissolved or annulled
of a legal impediment he cannot discontinue unless stopped
6. Present residence and citizenship
by the court. (This is to prevent bribery and abuse by the civil
7. Degree of relationship of the contracting parties
registrar)
8. Full name, residence and citizenship of the father
9. Full name, residence and citizenship of the mother
10. Full name, residence and citizenship of the
guardian or person having charge, in case the
contracting parties has neither father nor mother
and is under the age of twenty one years.
The applicants, their parents or guardians shall not be
required to exhibit their residence certificate in any formality
in connection with the securing of the marriage license.
Art. 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates
or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents duly attested by the
persons having custody of the originals. These certificates or certified copies of the documents by this Article need not be
sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the
certificate shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of
the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or
baptismal certificate has not yet been received though the same has been required of the person having custody thereof at
least fifteen days prior to the date of the application, such party may furnish in lieu thereof his current residence certificate or
an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer
oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full name,
residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such
party. The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good
reputation in the province or the locality.

- Emancipation is obtained at 18;


marriage no longer emancipates
a child because they must be 18
years of age to marry.
- Contracting parties 18 years old
and above but BELOW 21 years
of age must obtain the consent of
their father, mother, surviving
parent, or guardian in the order
mentioned. (Non-compliance
makes the marriage annullable)

The presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in
the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing
before him, be convinced that either or both of them have the required age.
Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish,
instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse
or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous
marriage.

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In case the death certificate cannot be secured, the party shall make an affidavit setting forth this circumstance and his or her
actual civil status and the name and date of death of the deceased spouse.
Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between
the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local
civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge
of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears
before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before
any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for
marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.
Art. 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian
for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not
be issued till after three months following the completion of the publication of the application therefore. A sworn statement by
the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be
attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be
stated in the sworn statement.

- Absence of parental advice


does not affect the marriage.
- Only delays the issuance of the
marriage license for 3 months but
after 3 months the license must
be issued.

Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to
the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize
marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect
that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling
shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the
application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative
sanctions but shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the
counseling referred to in the preceding paragraph
Art. 17: The local civil registrar shall prepare a notice, which
- It is the duty of the civil registrar to post a notice informing
shall contain the full names and residences of the applicants
the public of the impending marriage. The purpose of which is
for a marriage license and other data given in the
so that persons having knowledge of any impediment to the
applications. The notice shall be posted for ten consecutive
marriage can inform the local civil registrar.
days on a bulletin board outside the office of the local civil
- It is to be posted for 10 consecutive days on a bulletin board
registrar located in a conspicuous place within the building
outside the office
and accessible to the general public. This notice shall request - The civil registrar shall be issued after the period of
all persons having knowledge of any impediment to the
publication.
marriage to advise the local civil registrar thereof. The
marriage license shall be issued after the completion of the
period of publication.
Art. 18: In case of any impediment known to the local civil
- If an impediment is made known to the civil registrar he

EXCEPTIONS:

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Persons and Family Relations 2009 (Atty. Sta. Maria)

registrar or brought to his attention, he shall note down the


particulars thereof and his findings thereon in the application
for marriage license, but shall nonetheless issue said license
after the completion of the period of publication, unless
ordered otherwise by a competent court at his own instance
or that of any interest party. No filing fee shall be charged for
the petition nor a corresponding bond required for the
issuances of the order.
Art. 19. The local civil registrar shall require the payment of
the fees prescribed by law or regulations before the issuance
of the marriage license. No other sum shall be collected in
the nature of a fee or tax of any kind for the issuance of said
license. It shall, however, be issued free of charge to indigent
parties, that is those who have no visible means of income or
whose income is insufficient for their subsistence a fact
established by their affidavit, or by their oath before the local
civil registrar.
Art. 20: The license shall be valid in any part of the
Philippines for a period of one hundred twenty days from the
date of issue, and shall be deemed automatically canceled at
the expiration of the said period if the contracting parties have
not made use of it. The expiry date shall be stamped in bold
characters on the face of every license issued
Art. 21: When either or both of the contracting parties are
citizens of a foreign country, it shall be necessary for them
before a marriage license can be obtained, to submit a
certificate of legal capacity to contract marriage, issued by
their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in
lieu of the certificate of legal capacity herein required, submit
an affidavit stating the circumstances showing such capacity
to contract marriage.

shall merely note it down but he must nonetheless issue the


license. This is because the impediments may not be valid at
all.

1.
2.

- The purpose of which is to prevent graft and corruption on


the part of the civil registry.

The courts direct civil


registry to refuse giving
out the license
When the required
certificate of legal
capacity of foreigners is
not given (Art. 21)

- If the marriage license was issued despite court


intervention, the marriage will still be valid but the parties
responsible may be criminally or administratively liable.

The marriage license is only valid within the


Philippines and not abroad.
It is good for 120 days from the date of issue.

A certificate of legal capacity is meant to show that a


foreigner is capacitated to marry in his or her
country. The Philippines adheres to the national law
of the contracting parties with respect to their legal
capacity to contract marriage.

* The civil registry cannot issue a


license without the certificate of
legal capacity however if the civil
registry does issue the marriage
will still be valid.

Ex. In the US 16 years old is the age when one can contract
marriage. A 16-year-old US citizen may contract marriage in
the Philippines provided that he gives a certificate from his
embassy stating that 16 years old is the legal age to marry.
- If both are citizens of a foreign country and they are married
in their embassy there is no need to follow the requirement of

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marriage in the Philippines, only those of their country.


-If one is a foreigner and one is a Filipino even if they marry
in the consul of the foreigner the certificate of legal capacity
and a marriage license is still necessary.
Art. 22. The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also
state:
1. The full name, sex and age of each contracting party
2. Their citizenship, religion and habitual residence
3. The date and precise time of the celebration of the marriage
4. That the proper marriage license has been issued according to law, except in marriage provided for in Chapter
2 of this Title
5. That either or both of the contracting parties have secured the parental consent in appropriate cases
6. That either or both of the contracting parties have complied with the legal requirement regarding parental
advice in appropriate cases and
7. That the parties have entered into marriage settlement, if any, attaching a copy thereof.
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the
marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen
days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be
issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing
officer shall retain in his file the quadruplicate copy of the marriage certificate, the copy of the marriage certificate, the original
of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage
in place other than those mentioned in Article 8.

Art. 24: It shall be the duty of the local civil registrar to


prepare the documents required by this Title, and to
administer oaths to all interested parties without any charge
in both cases. The documents and affidavits filed in
connection with applications for marriage licenses shall be
exempt from documentary stamp tax.

*Presumption is always in the


validity of marriage.
Proofs of marriage:
1. Marriage contract or
certificate
2. Photocopies of the
certificate or contract
from the local civil
registry
3. Family bible
4. Baptismal, birth
certificates of kids
5. Judicial decisions
6. Testimonies of parties,
witness, solemnizing
officers
7. Cohabitation and
conduct
8. Statement in a will
* A certificate of marriage made
years after the marriage is
inadmissible as evidence.

- The local civil registrar is the government official charged


with the preparation and the keeping of all the official
documents.

Art. 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry

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book strictly in the order in which the same are received. He


shall record in said book the names of the applicants, the
date on which the marriage license was issued, and such
other data as may be necessary
Art. 26. All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall also be valid
in this country, except those prohibited under Articles 35 (1),
(4), (5) and (6), 36, 37 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner
is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have capacity to remarry
under Philippine law.

Art. 26 refers to formal requisites only, however the


marriage must still be solemnized.
Marriages that are solemnized abroad and are
recognized as valid there will also be recognized as
valid here (international comity)
Ex. If in Vietnam a doctor is authorized to solemnize a
marriage and a Filipino couple gets married in Vietnam by a
doctor such marriage will be considered valid in the
Philippines.
PROOF OF FOREIGN MARRIAGE: necessary to prove the
foreign law and then prove the celebration of marriage. If the
law of the other state is not pleaded nor proved the laws of
the Philippines will be presumed to be similar to that of
foreign laws.
REMEMBER THE LAWS:
ART. 15: laws relating to family rights and duties, or to the
status, conditions and legal capacity of persons are binding
upon citizens of the Philippines even living abroad.
ART. 17: prohibitive laws concerning persons, their acts or
property and those which have for their object public order,
public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or by
determinations or conventions agreed upon in a foreign
country
ABSOLUTE DIVORCE:
Absolute divorce is not recognized in the Philippines; even if
the couple was married abroad the divorce will not be
recognized here if one of them is a Filipino. The divorce may

EXCEPTIONS to international
comity:
-Either or both contracting parties
are Filipinos and below 18 years
of age
-Polygamous and bigamous
marriages recognized abroad will
not be valid here.
-Marriage abroad where there is
mistake of identity of the other
contracting party is not
recognized here.
-Marriage by a Filipino to one
who is psychologically
incapacitated is not valid here
-Marriages that are incestuous
are not valid here even if
celebrated abroad and valid
there. (Art. 37)
-Marriages against public policy
are not valid here either (Art. 38)
-Common law marriages are not
recognized here, the marriage
must still be solemnized and not
contracted.
-Same sex marriages between
Filipinos are not valid even if
done abroad.
* If a Filipino contracts a foreign
marriage which is null and void
under the laws of the state where

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be recognized in the foreign country where it was obtained


but not in the Philippines. But the divorce of a foreign citizen
abroad is recognized in the Philippines as the Philippines
recognizes legal capacity of a foreign person.
*If a Filipino changes citizenship then he can get a
divorce and if he reacquires his Filipino citizenship
after that the divorce will still hold.
If a Filipina marries a foreigner and the foreigner
obtains a divorce, the Filipina can marry.
If the Filipina obtains a divorce although not
recognized in the Philippines, it will be recognized
against the foreigner and thus the foreigner will not
have legal standing to sue for adultery or claim for
property after the divorce.
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
Art. 27: In case either or both of the contracting parties are at
the point of death, the marriage may be solemnized without
necessity of a marriage license and shall remain valid even if
the ailing party subsequently survives.
Art. 28. If the residence of either party is so located that there
is no means of transportation to enable such party to appear
personally before the local civil registrar, the marriage may be
solemnized without necessity of a marriage license.
Art. 29: In the cases provided for in the two preceding
articles, the solemnizing officer shall state in an affidavit
executed before the local civil registrar or any other person
legally authorized to administer oaths that the marriage was
performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that
there is no means of transportation to enable such party to
appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and
relationship of the contracting parties and the absence of
legal impediment to the marriage.
Art. 30: The original of the affidavit required in the last
preceding article, together with the legible copy of the
marriage contract, shall be sent by the person solemnizing
the marriage to the local civil registrar of the municipality

it has been solemnized then such


marriage will likewise be null and
void in the Philippines.
*If a marriage celebrated abroad
is invalid in that country but
considered valid in the
Philippines, the marriage will still
be invalid. The law where the
marriage has been solemnized
shall apply.

Solemnizing officers and the mayor are empowered


to solemnize marriages even without a marriage
license if either or both of the contracting parties are
at the point of death.
Even if the ailing party survives after the marriage,
the marriage will still be valid.
- This envisions a situation wherein the residence of either
party is so located that there is no means of transportation to
enable such party to appear personally before the local civil
registrar, the marriage may be solemnize without a marriage
license.
The solemnizing officers here are those authorized
to solemnize under Article 7 and the mayor provided
that they solemnize the marriage within their
jurisdiction and within the authority given to them.

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where it was performed within the period of thirty days after


the performance of the marriage.
Art. 31: A marriage in articulo mortis between passengers or
crew members may also be solemnized by a ship captain or
by an airplane pilot not only while the ship is at sea or the
plane is in flight, but also during stopovers at ports of call.

Art. 32: A military commander of a unit, who is a


commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons
within the zone of military operation, whether members of the
armed forces or civilians.

Art. 33: Marriages among Muslims or among members of the


ethnic cultural communities may be performed validly without
the necessity of marriage license, provided they are
solemnized in accordance with their customs, rites or
practices.

Art. 34: No license shall be necessary for the marriage of a


man and a woman who have lived together as husband and
wife for at least five years and without any legal impediment
to marry each other. The contracting parties shall state the
foregoing facts in an affidavit before any person authorized
by law to administer oaths. The solemnizing officer shall also
state under oath that he ascertained the qualifications of the
contracting parties are found no legal impediment to the
marriage.

A pilot or ship captain may solemnize only


marriages at the point of death while the plane is in
flight or the ship is at sea even during stopovers (it is
still considered part of the flight/voyage).
They can only solemnize marriages between their
passengers and crew members
The military commander must be a commissioned
officer (his/her rank should start from 2nd lieutenant,
ensign and above)
He should be a commander of a unit.
There should be a chaplain assigned to the unit
The marriage should be at the point of death and in
the absence of the chaplain assigned
The marriage must be solemnized within the zone of
military operations.
The contracting parties may either be member of the
armed forces or civilians.
Marriages between parties that belong to ethnic
groups, pagans or Muslims are exempt only from
procuring a marriage license. The marriage must still
be solemnized in accordance with their customs,
rites and practices.
Muslims are governed by the Code of Muslim
Personal Laws of the Philippines thus they are not
governed by the Family Code unlike other ethnic
groups who do not have separate laws.
Persons cohabiting for at least 5 years living
together as husband and wife are exempt from
obtaining a marriage license.
At the time of marriage, they should be without any
legal impediment to marry each other. Thus during
the 5 year period, it is not necessary that there is no
legal impediment it is only necessary at the time of
marriage that there is none.
The parties shall state the fact of their cohabitation
and the absence of any legal impediment to marry in
an affidavit under oath.

* If something happens to the


main or principal pilot the second
in command cannot solemnize
marriages. (They are not
authorized to by law)

*The solemnizing officer shall


also state under oath that he
ascertained the qualifications of
the parties and that he found no
legal impediment. The fact that
the officer to investigate shall not
invalidate the marriage.

Matters that dont affect the validity of the marriage:

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Article 18: if the civil registry gives the license despite the courts ordering an injunction to order the civil registry not to give the marriage license.
Article 21: if the civil registry gives the license despite absence of certificate of legal capacity of foreigners.
Article 34: When the solemnizing officer failed to investigate whether or not there was an impediment to the marriage in marriages after 5 years of cohabitation.
MARRIAGES VOID AB INITIO: Not valid from its inception. No rights can flow from it and can never be ratified. (Judicial declaration of nullity).
Art. 35: The following marriages shall be void from the
Article 2, 3, 4: when all the essential and formal requisites of a marriage are absent
beginning:
Only marriages declared by the legislature, as void should be treated as such. There can
(1) Those contracted by any party below eighteen years of
be no other void marriage except those provided by law.
age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized
Void Marriage
Voidable
to perform marriages unless such marriages were
Cant be a source of rights
Can be source of rights
contracted with either or both parties believing in good faith
Cant be ratified
Ratified by prescription or
that the solemnizing officer had the legal authority to do so;
cohabitation
(3) Those solemnized without license, except those covered
Can be attacked collaterally.
Can only be attacked directly
the preceding Chapter;
Can be questioned after death of
Only assailed during lifetime of
(4) Those bigamous or polygamous marriages not failing
parties
parties
under Article 41;
Action for nullity has no
Action prescribes
(5) Those contracted through mistake of one contracting
prescription
party as to the identity of the other; and
Estoppel or acquiescence does not apply to remedy the infirmity of a void marriage. Thus
(6) Those subsequent marriages that are void under Article
if one of the parties stated under oath that they were 25 when they were actually 16 the
53.
marriage is void despite the oath.
Good faith and bad faith generally is immaterial in void marriages except: when either of
the parties believed in good faith that the solemnizing officer had the authority to
solemnize the marriage when in fact he had none. Second, in case the spouse disappears
for 4 years or 2 years in proper cases the present spouse may marry again if there is a
judicial declaration of presumptive death and at the time of the celebration of marriage
either spouse is in good faith that the absent spouse is still absent.
Ex. W is married to H and W disappears for 4 years and is judicially declared
presumptively dead. H later on is to marry W2. W2 however sees W the day before the
wedding but does not tell H. As long as H is in good faith and does not know of the
presence of W the marriage will still be valid.
Generally evidence other than a judicial declaration of nullity can be presented except
(direct attack needed) for purposes of remarriage, validity of marriage is essential to the
determination of the case, and when a donor desires to revoke a donation propter
nuptias.
BELOW 18 YEARS OF AGE: not capacitated to marry even if with parental consent.
History: 14 male, 12 female: minimum age for effective procreation
16 male, 14 female: Maturity and responsibility were taken into consideration.
Gender Roles: ability of men to provide and ability of women to care for the

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 36: A marriage contracted by any party who, at the time


of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes
manifest only after its solemnization.

household.
18 for both: No significant difference in terms of maturity of male and female.
Science shows below 18 leads to unsafe pregnancies.
NON-AUTHORITY OF SOLEMNIZER:
Exception: If EITHER or both of the contracting parties believed in good faith that he had such
authority. The good faith of the party is what is referred to not the solemnizing officer.
- Unless it was ignorance of the law then the marriage will be void. The person must be one of the
people in Article 7 thus if a couple is married by a janitor, them believing that a janitor can celebrate
a marriage, the marriage will be void.
Exception: Marriage was done abroad and such officer is valid in that country
BIGAMOUS OR POLYGAMOUS MARRIAGE: law prohibits married men or women from
contracting a subsequent marriage when their consort is still alive.
Exception:
That mentioned in Article 41 regarding appearance of a spouse after a declaration of
presumptive death.
Those provided for under the Muslim code.
When the first marriage was actually void with a judicial declaration of nullity. Without
judicial declaration of nullity then 2nd marriage will be void under Article 40.
MISTAKE IN IDENTITY: An instance of fraud, which is a ground for the nullity of the marriage. Here
the contracting party absolutely did not intend to marry the other, as the same is not the person he
or she actually knew before the marriage.
Does not include: mistake in name, character of person, attributes, age, social standing,
religion, pedigree, pecuniary means, temperaments, acquirements, condition in life,
previous habit.
VOID UNDER ARTICLE 53: Marriages that have annulled or declared null and void must undertake
the liquidation, partition and distribution of their properties, delivery of presumptive legitimes, etc. to
be able to remarry.
Psychological incapacity to comply with the essential marital
P.I.
Insanity
obligation of marriage at the time of marriage, even if it
Cannot be
Can be cured
becomes manifest after the solemnization of the marriage.
cured
Not defined and thus left on a court-to-court basis. A
No consent
Consent can
person may actually be efficient in doing other
present since
be given
things such as his profession but with regards to his
he does not
during lucid
married life it can be different.
know the true
interval
Not just stubborn refusal but attributed to
meaning of
psychological causes (not necessarily insane)
marriage
Lacking in the exercise of the judgment not lack of
judgment
PROOF to show P.I.:
True inability to commit oneself to the essentials of
1. Observe of duties (living
marriage psychosexual disorders or other
together, etc.)
personality disorders
2. Procreation

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Inability to commit to the essentials of marriage


procreation, education of offspring, community of life
and love

Must be characterized by:


1. Gravity- grave or serious
2. Juridical antecedence rooted in history of the party
and may manifest after the marriage.
3. Incurability

Art. 37: Marriages between the following are incestuous and


void from the beginning, whether relationship between the
parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree;
and
(2) Between brothers and sisters, whether of the full or half
blood.

Jurisprudential Guidelines (CA v. Molina):


1. Burden of proof to show the nullity of marriage
belongs to the plaintiff.
2. Root cause must be medically or clinically identified,
alleged in the complaint, sufficiently proven by
experts, clearly explained by the decision, must be
psychological not physical.
3. Proven to be existing at the time of the celebration
of the marriage
4. Must be incurable (may be absolute or relative to
the given spouse)
5. Must be grave
6. Essential marriage obligations are those embraced
in articles 68 to 713 and Articles 220, 221, 225 with
regards to parents and children.
7. Interpretations in National Appellate Matrimonial
tribunal of Catholic Church though not binding are
persuasive
Reasons to Condemn Incestuous Marriages:
1. Abhorrent to nature
2. Brings about confusion of rights and duties
3. Deficient and degenerate offspring
4. Control sex rivalries within families
5. To guide one towards the creation of new nuclear
family
6. Brings about confusion with status

3.
4.
5.
6.
7.
8.
9.

Obligation of parents to
children.
Senseless and protracted
refusal to have
intercourse
Unreasonable attachment
to ones other family or
barkada
Transvestism
Indulgence of private
fantasy
Alcohol/substance abuse
Extreme immaturity

* The relationship being legitimate


or illegitimate is immaterial

Article 68: husband and wife are obliged to live together, observe mutual love, respect, and fidelity, and render mutual help and support. Article 69: Husband and wife shall fix the
domicile and in case of disagreement the court shall decide. Article 70: spouses are jointly responsible for the support of the family and the expenses for such support and other
conjugal obligations shall be paid from community property, income or fruits of separate property, or separate property. Article 71: management of household shall be right and duty of
both spouses.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 38: The following marriages shall be void from the


beginning for reasons of public policy
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted
child;
(5) Between the surviving spouse of the adopting
parent and the adopted child;
(6) Between the surviving spouse of the adopted child
and the adopter;
(7) Between an adopted child and a legitimate child of
the adopter;
(8) Between adopted children of the same adopter;
(9) Between parties where one, with the intention to
marry the other, killed that other person's spouse, or
his or her own spouse.

Simulates blood relations although legal fiction (bond created by law, against public policy)
COLLATERAL BLOOD RELATIVES: may cause the same reasons as Art. 37 but to a lesser
degree.
COLLATERAL HALF-BLOOD RELATIVES BY CONSANGUINITY: the law does not provide that
marriages between collateral blood relatives by the half-blood are prohibited.
Case Law: In Re: Simms Estate
Because of specification in brothers and sisters and no specification with uncles and
nieces, marriage between uncles and nieces are not prohibited
Unlike ruling in Audley where it deemed it was unnecessary
Marriage between uncles and nieces who are half-blood is valid due to the presumption in
favor of marriage.
RELATIONSHIP BY AFFINITY (made through marriage): The only marriages by affinity prohibited
in the Family Code are marriages between stepparents and stepchildren and parents-in-law and
children-in-law. (May destroy the peacefulness in family relations)

Stepbrother and stepsister can marry each other since not included in the
prohibition.
*In the event that the marriage is annulled or nullified or in the event that the marriage is terminated
by death affinity is terminated and thus those that were prohibited due to affinity can now marry
each other. Unless there are living issues (children) in whom the blood of the parties continue to
commingle.
ADOPTIVE RELATIONSHIP:
Who they cannot marry:
Adopter
Adopted
The adopted
The adopter
The surviving spouse of the adopted
The surviving spouse of adopter
(Envisions that the marriage was terminated
(Envisions that the marriage was terminated
due to death. But if the marriage was
due to death. But if the marriage was
terminated after the finality of a nullity or
terminated after the finality of a nullity or
annulment decree then they can get married)
annulment decree then they can get married)
Legitimate children of adopter
Other adopted children of the adopter
Who can they marry:
Adopter
Children of adopted
Natural parent
Other relatives
Spouse of adopted if alive and not married to
adopted

Adopted
Parents of adopter
Illegitimate child of the adopter
Other relatives
Spouse of adopter if alive and not married to
adopter

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Persons and Family Relations 2009 (Atty. Sta. Maria)

INTENTIONAL KILLING OF SPOUSE: The guilty party must be animated by an intention to marry
the other person, if not then not considered against public policy.
Ex. A wanted to marry B. B was married to C. A kills C because C stole from A. Then A later on
marries B. Such a marriage is valid.
*No criminal conviction is necessary mere preponderance of evidence is required to prove the
killing.
Art. 39: The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe

Art. 40: The absolute nullity of a previous marriage may be


invoked for purposes of remarriage on the basis solely of a
final judgment declaring such previous marriage void.

In relation to:
Art. 52: The judgment of annulment or of absolute nullity of
the marriage, the partition and distribution of the properties
of the spouses and the delivery of the children's
presumptive legitimes shall be recorded in the appropriate
civil registry and registries of property; otherwise, the same
shall not affect third persons.
Art. 53: Either of the former spouses may marry again after
compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall
be null and void.

Art. 41: A marriage contracted by any person during


subsistence of a previous marriage shall be null and void,
unless before the celebration of the subsequent marriage,
the prior spouse had been absent for four consecutive years
and the spouse present has a well-founded belief that the

Time to file an action for declaration of nullity of a


marriage or to invoke such nullity as a defense does
not prescribe.
Either party in a void marriage can file a nullity case
even though such party is the wrongdoer. Only
husband and wife can file a court case declaring the
marriage void. But it can still be collaterally attacked
by any interested party in any proceeding where the
determination of the validity of marriage is
necessary to give rise to certain rights.
A judicial declaration of marriage is the only
acceptable proof so that a party can contract a
subsequent valid marriage. Without it the
subsequent marriage will be considered void.
In connection with it, Articles 52 and 53 which has to
do with the liquidation, partition and distribution of
the properties without which the marriage will
likewise be void.

* The subsequent marriage is not


considered bigamous since the
first marriage is not valid. In a
bigamous marriage the first
subsisting marriage is valid.
Bigamy envisions 2 valid
marriages. If the first or the second
marriage is void then there can be
no bigamy.

BIGAMY: Committed by any person who shall contract a


second or subsequent marriage before the former marriage
has been legally dissolved or before the absent spouse has
been declared presumptively dead by judgment.
- Marriage becomes void not because of bigamy but because
of certain impositions in law that must be done before
contacting a second marriage.
*Without article 40 one cannot perform Article 52.
A declaration of presumptive death is needed for the
absentee in order to contact a new marriage.
Article 42: The subsequent marriage made will become void
with the recording of the affidavit of reappearance of the
subsequent spouse. Such notice will be filed in the civil

Exception: Prior spouse has been


absent for 4 consecutive years
and there is a well founded belief
(must exercise due diligence to
ascertain whereabouts or if she is

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Persons and Family Relations 2009 (Atty. Sta. Maria)

absent spouse was already dead. In case of disappearance


where there is danger of death under the circumstances set
forth in the provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage
under the preceding paragraph the spouse present must
institute a summary proceeding as provided in this Code for
the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent
spouse.
Art. 43: The termination of the subsequent marriage
referred to in the preceding Article shall produce the
following effects
(1) The children of the subsequent marriage conceived
prior to its termination shall be considered legitimate;
(2) The absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved and
liquidated, but if either spouse contracted said marriage in
bad faith, his or her share of the net profits of the community
property or conjugal partnership property shall be forfeited in
favor of the common children or, if there are none, the
children of the guilty spouse by a previous marriage or in
default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid,
except that if the donee contracted the marriage in bad faith,
such donations made to said donee are revoked by
operation of law;
(4) The innocent spouse may revoke the designation of
the other spouse who acted in bad faith as beneficiary in
any insurance policy, even if such designation be stipulated
as irrevocable; and
(5) The spouse who contracted the subsequent marriage
in bad faith shall be disqualified to inherit from the innocent
spouse by testate and intestate succession.
Art. 44: If both spouses of the subsequent marriage acted in
bad faith, said marriage shall be void ab initio and all
donations by reason of marriage and testamentary
dispositions made by one in favor of the other are revoked
by operation of law.

registry of the residence of the parties in subsequent


marriage, and give them due notice- ONLY CASE WHERE
MARRIAGE IS TERMINATED EXTRAJUDICIALLY. Any
interested party can file for the affidavit of reappearance.
Exception to 42: if the affidavit is fraudulent then it is
ineffectual.

dead or alive) that absent spouse


is dead (2 years will suffice if there
was danger of death)

- Applies to Article 40, Article 41 and voidable marriages.


STATUS OF CHILDREN: Children conceived during the
subsequent marriage contemplated in Art. 41 are legitimate
even if one of the contracting parties is in bad faith.
EFFECT OF TERMINATION ON THE PROPERTY REGIME:
The property regime shall be dissolved and liquidated. After
the payment of all debts, the spouses shall divide the net
profits of the property equally or in accordance with the
stipulated sharing. If a spouse acted in bad faith, the guilty
spouse shall not get his share in the net profits (his/her share
will be forfeited in favor of the common children, if none the
children of the guilty spouse by a previous marriage, if none
to the innocent spouse.)
DONATIONS BY REASON OF MARRIAGE: If both parties
are in good faith, the donation shall be valid. If the donee
acted in bad faith in contracting the marriage, the donation by
reason of marriage is terminated by operation of law. If both
are in bad faith neither can recover what they have given.
DESIGNATION AS BENEFICIARY IN INSURANCE POLICY:
The innocent spouse has the choice of revoking the
beneficiary in an insurance policy even if the policy is
irrevocable. (Should inform the insurance company)
DISQUALIFICATION AS TO INHERITANCE: The spouse
who acted in bad faith shall be disqualified to inherit from the
innocent spouse. If both spouses are in bad faith according to
Article 44 the marriage is void and the parties cannot inherit.
The marriage shall be considered void only if both
spouses in the subsequent marriage are in bad
faith.
The good faith of the spouse must be present up to
the time of the celebration of the subsequent

*Donation made between persons


who are guilty of adultery or
concubinage at the time of the
donation is void.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

marriage.
VOIDABLE MARRIAGES: valid up to the point when they are annulled. These are the only grounds, which can be considered for annulment (exclusive).
Article
Annotation
Exception/ Filing:
Article 45: Must exist at the time of marriage
- The parents of the child can annul the marriage at
Party to file suit: Parent or guardian before the child
1. That the party in whose behalf it is sought to
any time prior to the time the child reaches the age
reaches 21 and the party who did not obtain consent
have the marriage annulled was eighteen years of
of 21.
within 5 years after reaching 21.
age or over but below twenty-one, and the marriage
was solemnized without the consent of the parents,
Ratification: Through cohabitation after reaching the
guardian or person having substitute parental
age of 21 years old.
authority over the party, in that order, unless after
attaining the age of twenty-one, such party freely
cohabited with the other and both lived together as
husband and wife
2. That either party was of unsound mind, unless
- Must be clear that illness is serious that cannot
* If the spouse knew that the spouse was insane
such party after coming to reason, freely cohabited
understand marriage contract at the time of the
prior to the celebration of the marriage she cannot
with the other as husband and wife
marriage.
annul the marriage.
Ratification: Through cohabitation by the person
with the unsound mind after he has come to reason
*Once ratified the marriage will be valid and no
longer annullable even if the insanity comes back.
3. That the consent of either party was obtained by
fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife
Article 46: Fraud: existing at time of marriage
1. Non-disclosure of previous conviction by
final judgment of a crime involving moral
turpitude.
2. Concealment of the wife of the fact that
she was pregnant at the time of marriage
by another man.
3. Concealment of STD regardless of its
nature existing at the time of the marriage.
4. Concealment of drug addiction, habitual
alcoholism, or homosexuality or lesbianism
existing at the time of the marriage.

*No other misrepresentations will be acceptable to


constitute fraud to annul a marriage.
PREVIOUS CONVICTION: No need for
investigation on the part of the party but there must
be a final judgment.
CONCEALMENT OF PREGNANCY: Concealment
must be done in bad faith. Thus, if the woman truly
believed she was not pregnant when she was the
marriage cannot be annulled.
Misrepresentation that she was pregnant to
induce the man to marry her when she was
in fact not pregnant is not considered for
annulment.
CONCEALMENT OF STD: Nature or gravity is
irrelevant; the fact that it was concealed was
enough.
CONCEALMENT OF ADDICTIONS: No exact

Party to file suit: Sane spouse without knowledge


before the death of either party, relative or guardian
of insane at any time before the death of either
party, and insane spouse before the death of either
party.
Exception to 46(2): If the woman was unchaste
and the man knew of her unchaste character.
Exception to 46(2): If woman did not inform the
man but pregnancy was apparent.
Party to file suit: Injured party within 5 years after
the discovery of fraud

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Persons and Family Relations 2009 (Atty. Sta. Maria)

meaning but has been defined as persistent habit of


becoming intoxicated, irresistible habit.
*Does not need to get drunk all the time, the habit of
becoming periodically drunk and being unable to
resist when the opportunity arises.
CONCEALMENT OF GENDER PREFERENCE:
considers the effect on the injured spouse in
performing his/her marital duties. Mental fitness,
health, etc. Does not nurture a natural and
wholesome family,

4. That the consent of either party was obtained by


force, intimidation or undue influence, unless the
same having disappeared or ceased, such party
thereafter freely cohabited with the other as
husband and wife;
5. That either party was physically incapable of
consummating the marriage with the other, and
such incapacity continues and appears to be
incurable

Ratification: Cohabitation after the innocent spouse


has full knowledge of the facts constituting the fraud
- Violence here may be physical or moral.
- Intimidation is when there is a reasonable and
well-rounded fear of an imminent and grave evil
upon his person or property.
Ratification: Cohabitation after the cause of the
vitiated consent ceases.
- Permanent inability on the part of one of the
spouses to perform the complete act of sexual
intercourse (must be incurable).
- Can originate from a psychological problem, which
affects the physical.
- Must exist at the time of the marriage.
- May be caused both by husband and wife.

Party to file the suit: Injured party within 5 years


from the time the force, intimidation or undue
influence disappeared or ceased.

Exception: Sterility is not considered impotency


because he can still engage in sexual coition.
Organs for conception not necessary because there
is still passion.
Party to file the suit: Within 5 years after the
marriage ceremony

NO RATIFICATION by cohabitation
Rule of triennial cohabitation: presumption of
impotence arises when wife remains a virgin after 3
years from the time of marriage.
6. That either party was afflicted with a sexuallytransmissible disease found to be serious and
appears to be incurable
Art. 48: In all cases of annulment or declaration of
absolute nullity of marriage, the Court shall order
the prosecuting attorney or fiscal assigned to it to
appear on behalf of the State to take steps to
prevent collusion between the parties and to take

No ratification by cohabitation
-

The state will ensure the prevention of


collusion between the parties (who may
make up a ground to annul the marriage)
and to ensure that the evidence is not
fabricated

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Persons and Family Relations 2009 (Atty. Sta. Maria)

care that evidence is not fabricated or suppressed


In the cases referred to in the preceding paragraph,
no judgment shall be based upon a stipulation of
facts or confession of judgment
Art. 49: During the pendency of the action and in
the absence of adequate provisions in a written
agreement between the spouses, the Court shall
provide for the support of the spouses and the
custody and support of their common children. The
Court shall give paramount consideration to the
moral and material welfare of said children and their
choice of the parent with whom they wish to remain
as provided to in Title IX. It shall also provide for
appropriate visitation rights of the other parent.
Art. 50: The effects provided for by paragraphs (2),
(3), (4) and (5) of Article 43 and by Article 44 shall
also apply in the proper cases to marriages which
are declared ab initio or annulled by final judgment
under Articles 40 and 45.
The final judgment in such cases shall provide for
the liquidation, partition and distribution of the
properties of the spouses, the custody and support
of the common children, and the delivery of third
presumptive legitimes, unless such matters had
been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the
absolute community or the conjugal partnership
shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on
which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and
129.
Art. 51: In said partition, the value of the
presumptive legitimes of all common children,
computed as of the date of the final judgment of the
trial court, shall be delivered in cash, property or
sound securities, unless the parties, by mutual
agreement judicially approved, had already
provided for such matters.

No judgment shall be based on a


confession and a stipulation of facts only.

While trial is on going the support of the


spouses and custody of the children shall
be governed by whatever agreement the
parties have made. If none then they shall
be supported from the absolute community
of property or conjugal partnership of
gains.
The court may however make the
necessary adjustments in case the
agreement is inadequate.
Article 43: effects of termination of subsequent
marriage (liquidation, disposition, donation,
insurance, inheritance)
Article 44: Both spouses of the subsequent
marriage are in bad faith the marriage shall be void
Article 40: Final judgment declaring a marriage was
void for a subsequent marriage.
-

* In nullity cases, if the marriage is deemed to be


void then the one who got support should return it
with legal interest to the person who furnished
support since such person was not entitled to the
support there being no marriage.

*The judgment and decree of nullity or annulment


will become final upon the expiration of 15 days
from the receipt of the parties of the decision. (Thus
any marriage prior to the 15 days may be
considered bigamous since the marriage is still
subsisting at that time.)

- In all other cases of a void marriage the property


regime will be governed by Art. 147 (wages and
salaries owned by them in equal shares property
governed by co-ownership) Art. 148 (properties
acquired through joint contributions only and divided
in proportion to their contributions)

Presumptive Legitime: Part of the property of the


testator, which cannot be disposed of because the
law has reserved it for certain compulsory heirs. The
decree of annulment or nullity of marriage provides
for the delivery of the presumptive legitimes this is in
order to protect the legitime of the children from
subsequent marriage.
Ex. If A husband of B dies, their child C will inherit a

* The children or the guardian may seek the


enforcement for the delivery of the presumptive
legitime.

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The children or their guardian or the trustee of their


property may ask for the enforcement of the
judgment.
The delivery of the presumptive legitimes herein
prescribed shall in no way prejudice the ultimate
successional rights of the children accruing upon
the death of either of both of the parents; but the
value of the properties already received under the
decree of annulment or absolute nullity shall be
considered as advances on their legitime.
Art. 54: Children conceived or born before the
judgment of annulment or absolute nullity of the
marriage under Article 36 has become final and
executory shall be considered legitimate. Children
conceived or born of the subsequent marriage
under Article 53 shall likewise be legitimate.

legitime from As properties. In this case there is no


death thus the legitime is presumed (what As
properties would be if he died at this time) and that
is what is given to C.

In the event that the either or both parents


die later on the presumptive legitime given
is considered an advance on their legitime
and are just given the remaining balance
due them.

In void marriages other than that provided


for in Art. 40, the presumptive legitime is
not delivered.
- Generally, children conceived and born outside a
valid marriage or inside a void marriage are
illegitimate except those coming from a marriage
void due to psychological incapacity and those due
to lack of judicial decree of nullity or liquidation or
dissolution of property.

* If the child is conceived prior to the marriage and


the marriage is terminated under Art. 36 or 53 child
will be illegitimate (the subsequent void marriage
even under these articles will not legitimate them)

LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)
Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file on behalf of
children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary. Included as part of VAWC such
as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).
- The children included in VAWC are those under the care of the women even those of the respondents child from a previous marriage.
Article 55: Happens after marriage ceremony
Physical violence here is measured not by the
* Does not include a ground for legal separation
1. Repeated physical violence or grossly abusive
severity but by the frequency. However if it is not
when the respondent-spouse inflicts violence on
conduct directed against the petitioner, a common
repeated or is not physical violence it may be
his/her own child from a previous marriage but may
child, or a child of the petitioner
considered as grossly abusive conduct.
cause to suspend or terminate parental authority.
Art. 231 (1): Parental authority can be suspended
Grossly abusive conduct need not be repeated but
when the parent treats the child with excessive
more of a serious act: rely on proportionality and
harshness or cruelty
abusive conduct to what was committed.
Continued indifference or aversion to
spouse and persistent neglect of duties
incident to marital relation, etc.
Use of offensive and abusive language
with intent and fixed purpose of causing
unhappiness.
Other acts of corruption, which do not fall
under prostitution.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

2. Physical violence or moral pressure to compel


the petitioner to change religious or political
affiliation
3. Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance
in such corruption or inducement

4. Final judgment sentencing the respondent to


imprisonment of more than six years, even if
pardoned
5. Drug addiction or habitual alcoholism of the
respondent
6. Lesbianism or homosexuality of respondent
7. Respondent contracts a subsequent bigamous
marriage

8. Sexual infidelity or perversion

- There should be unity in the family and thus the


couple should learn to live with each others political
ideas.
- The children here may or may not be
emancipated.
- The corrupt act here refers to prostitution only, a
mere attempt is enough the respondent need not be
successful at the corruption or inducement.
- There is no cause of action when the child
involved is that of the respondent from another
marriage.
- The crime need not be against the other spouse. It
can be against anyone.
- The fact that the crime had been pardoned doesnt
matter as long as there is a final judgment.
- The extent and nature of such is the same, as
those in annulment cases but such grounds may
exist even after the marriage ceremony unlike
annulment.
- Considered as a form of cruelty or mental anguish
- Must engage in homosexual acts
- Illegally contracting a marriage despite full
knowledge that the first marriage still validly exists
or without obtaining a judicial declaration of
presumptive death.

- Other acts of sexual infidelity short of concubinage


and adultery are enough as long as they constitute
a clear betrayal of trust.
- Sexual perversion can be done to ones own wife.
9. Attempt by the respondent against the life of the
- Must come from an evil design or unlawful cause
petitioner
- No need for any criminal conviction,
preponderance of evidence is enough. (If there is a
criminal conviction, the other spouse can be
disinherited even if there is no legal separation case
filed)
10. Abandonment of petitioner by respondent
Willfully left the dwelling without intention of
without justifiable cause for more than one year.
returning.
For purposes of this Article, the term "child" shall
*There must be a wrongful intent to desert,
include a child by nature or by adoption
continued for the statutory period.
Article 56: Denial of legal separation if they fall on the following grounds

*Enforce human rights through acceptance of the


others right
* Other forms of corruption can fall under grave
abuse of conduct

*Whether the marriage was done in the Philippines


or abroad is immaterial.

Exception: If the wife condones sexual perversion


with her husband then it cannot be a ground for
legal separation.
Exception: when it is for self-defense (or some
other justifiable reason)
Exception: Spouse caught the other in flagrante
delicto
*If there is an unjustifiable for leaving then it is not
considered abandonment.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

1. Where the aggrieved party has condoned the offense or act


complained of

- May be expressed or implied forgiveness


- Not looking for an erring wife after she commits an
offense does not mean forgiveness.

2. Where the aggrieved party has consented to the commission of


the offense or act complained of
3. Where there is connivance between the parties in the
commission of the offense or act constituting the ground for legal
separation

Either spouse agreed or did not object to the offense


BEFORE it was committed.
- Where the spouses agree that one spouse will commit
the offense to give grounds for legal separation.
- Where one of the parties employed a 3rd party to induce
the other spouse to commit the offense to give grounds.
- Corrupt consenting
- When two persons acted in bad faith, they should be
considered as having acted in good faith.
- In collusion the couple makes it appear that there is a
ground for legal separation but actually there is none.
- Corrupt agreement
- The act need not actually happen
- An action for legal separation must be filed within 5
years from the occurrence of the cause.
- From the time the act occurred not the discovery of the
cause of action.
- The defendant is required to answer the petition 15
days from the date of the receipt of the complaint.
However whether or not the defendant files an answer or
not there should be no hearing on the merits by the court
until after a 6-month cooling-off period is terminated.

4. Where both parties have given ground for legal separation


5. Where there is collusion between the parties to obtain decree
of legal separation
6. Where the action is barred by prescription

Art. 58: An action for legal separation shall in no case be tried


before six months shall have elapsed since the filing of the
petition

Art. 59: No legal separation may be decreed unless the Court has
taken steps toward the reconciliation of the spouses and is fully
satisfied, despite such efforts, that reconciliation is highly
improbable.
Art. 60: No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or
fiscal assigned to it to take steps to prevent collusion between the
parties and to take care that the evidence is not fabricated or
suppressed.

- The court must try to salvage the marriage by taking


steps towards reconciliation.
-

If the defending party fails to answer he or she


cannot be defaulted and the court shall order
the prosecuting attorney to investigate whether
there is collusion or not between the parties.
Even if the party answers the fiscal is still
mandated to make sure there is no collusion
and that the evidence is genuine.

Exception: if after the


condonation the guilty spouse
repeats the offense then can still
file for legal separation.

Art. 57: An action for legal


separation shall be filed within
five years from the time of the
occurrence of the cause
*Failure to observe the 6-month
cooling off period is a ground to
set aside a decision granting
legal separation.
*Other incidents may be heard
during the 6-month period such
as support and custody.
* However even if there is no trial
the couple may choose not to live
together. They cannot be forced
to live together.
* If the case is vehemently
opposed and contested and it is
clear that the litigation is a noholds barred contest and not
collusion the non-intervention of
the prosecuting attorney is not
fatal to the validity of the
proceedings.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 61: After the filing of the petition for legal separation, the
spouses shall be entitled to live separately from each other
The court, in the absence of a written agreement between the
spouses, shall designate either of them or a third person to
administer the absolute community or conjugal partnership
property. The administrator appointed by the court shall have the
same powers and duties as those of a guardian under the Rules
of Court.
Art. 62: During the pendency of the action for legal separation,
the provisions of Article 49 shall likewise apply to the support of
the spouses and the custody and support of the common children.
Art. 63: The decree of legal separation shall have the following
effects:
1. The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed;
2. The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no
right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
3. The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of this
Code; and
4. The offending spouse shall be disqualified from inheriting from
the innocent spouse by intestate succession. Moreover,
provisions in favor of the offending spouse made in the will of the
innocent spouse shall be revoked by operation of law.
Art. 64: After the finality of the decree of legal separation, the
innocent spouse may revoke the donations made by him or by her
in favor of the offending spouse, as well as the designation of the
latter as beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable. The revocation of the
donations shall be recorded in the registries of property in the
places where the properties are located. Alienations, liens and
encumbrances registered in good faith before the recording of the
complaint for revocation in the registries of property shall be
respected. The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written notification
thereof to the insured
The action to revoke the donation under this Article must be
brought within five years from the time the decree of legal

In the absence of a written agreement between


the spouses, the court shall designate who shall
administer the properties (it can be a third
person).

Art. 49: During the pendency of the action and in the


absence of a written agreement, the court will provide for
the support and custody.
- Though the spouses are entitled to live separately the
marriage bond shall not be severed. They are still
married to each other.
- The property shall be liquidated, the offending spouse
shall have no share or right to the profits earned and
shall be forfeited in favor of the common children if none
the children of the guilty spouse if none then to the
innocent spouse.
- The innocent spouse shall generally have custody of
the children however the major consideration is always
the paramount interest of the children.
- The offending spouse shall be disqualified from
inheriting form the innocent spouse by intestate
succession furthermore provisions in favor of the
offending spouse made in the will of the innocent spouse
shall be revoked by operation of law.
The law gives the option to innocent party
whether to revoke or not the donation of the
guilty party in an insurance.
The revocation must be made within 5 years
from the time the decree of legal separation has
become final.
* The revocation of or change in the designation of
insurance beneficiary shall take effect after written
notification to the insurer not the insured since it makes
more sense however the law states notification should
be given to the insured thus that should be followed.

* Death of the plaintiff before the


final decree in an action for legal
separation terminates the case.

* No children below 7 years old


shall be separated from the
mother unless the court finds
compelling reasons to order
otherwise (Tender Years
Doctrine)

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Persons and Family Relations 2009 (Atty. Sta. Maria)

separation become final.


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

Art. 66: The reconciliation referred to in the preceding Articles


shall have the following consequences:
1. The legal separation proceedings, if still pending, shall thereby
be terminated at whatever stage; and
2. The final decree of legal separation shall be set aside, but the
separation of property and any forfeiture of the share of the guilty
spouse already effected shall subsist, unless the spouses agree
to revive their former property regime.
The court's order containing the foregoing shall be recorded in the
proper civil registries.
Art. 67: The agreement to revive the former property regime
referred to in the preceding Article shall be executed under oath
and shall specify:
1. The properties to be contributed anew to the restored regime
2. Those to be retained as separated properties of each spouse;
and
3. The names of all their known creditors, their addresses and the
amounts owing to each.
The agreement of revival and the motion for its approval shall be
filed with the court in the same proceeding for legal separation,
with copies of both furnished to the creditors named therein. After
due hearing, the court shall, in its order, take measure to protect
the interest of creditors and such order shall be recorded in the
proper registries of properties.
The recording of the ordering in the registries of property shall not
prejudice any creditor not listed or not notified, unless the debtorspouse has sufficient separate properties to satisfy the creditor's
claim.

If the case is still pending then it shall be


terminated, if the decree has been issued then
it shall be set aside.
Separation of properties will still subsist, but the
parties can enter into an agreement to revive
the prior property regime.
Generally the law provides that one can only fix
the property regime before the marriage
celebration but the rules now set forth that the
adoption of another property regime can be
made aside from that which they had previously
existing during their marriage.
EFFECT OF REVIVAL:
1. If creditors are notified they should file
opposition on properties if they have debts that
should be paid by either spouse.
2. If creditors are notified but they dont file they
cannot get from the properties that will be
placed in co-ownership in the revival.
3. If creditors are not notified then they can collect
from properties co-owned.
4. If creditors are not notified but there are
separate properties they cant get from coowned properties.
-

RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE


Art. 68: The husband and wife are obliged to live
Reason: So couples wont abandon each other
together, observe mutual love, respect and fidelity,
based on their whims and caprices
and render mutual help and support.
Procreation is also an essential marital
obligation.

* The creditors should be


informed of the changes with
regard to the property etc.

* Remedy if other spouse is not living with you: seek


relief from court so that you do not have to give him
support.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 69: The husband and wife shall fix the family
domicile. In case of disagreement, the court shall
decide.
The court may exempt one spouse from living with
the other if the latter should live abroad or there are
other valid and compelling reasons for the
exemption. However, such exemption shall not
apply if the same is not compatible with the
solidarity of the family.
Art. 70: The spouses are jointly responsible for the
support of the family. The expenses for such
support and other conjugal obligations shall be paid
from the community property and, in the absence
thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of
said income or fruits, such obligations shall be
satisfied from the separate properties.
Art. 71: The management of the household shall be
the right and the duty of both spouses. The
expenses for such management shall be paid in
accordance with the provisions of Article 70.
Art. 72: When one of the spouses neglects his or
her duties to the conjugal union or commits acts

A court cannot compel the spouses to live


together, observe mutual love, respect and
fidelity.

RAPE:
1. Committed by a man against a woman who shall
have carnal knowledge of her through force,
intimidation or threat; when she is deprived of
reason or consciousness, machinations or grave
abuse of authority.
2. Even if none of the circumstances are present if
woman is below 12 or demented.
3. Any person who inserts any foreign object into
genital or anal orifice (rape can be committed
against a man)
4. Any person who inserts penis into oral or anal
orifice.
The domicile of natural persons is the
place of their habitual residence, where
parties intend to have their permanent
residence.
In case of disagreement between the
husband and the wife the court shall
decide.
The spouse not living in the domicile must
prove the intent of husband is for solidarity
of family.
EXPENSES FOR SUPPORT AND OTHER
CONJUGAL OBLIGATIONS:
1. From the community property
2. In absence thereof income of fruits of the
separate properties
3. If insufficient or absent from the separate
properties themselves.
-

A husband can be liable for raping his wife


however the subsequent forgiveness by
the wife to the offended party shall
extinguish the criminal action.
BEFORE: Matrimonial exemption from rape
1. Man and woman become 1 so man cannot
rape himself
2. Marriage contract means wife consents to
all and any sexual intercourse with
husband.
REBUT:
1. Woman has certain rights and liberties,
which separate her from the man.
2. Absolute consent is not sound since
marriage itself is revocable.

Shall be the right and duty of both spouses


regardless of what the property regime is.
In the event that one of the spouses
neglects his or her duties or commits acts
that endanger or dishonor the family the
aggrieved party may apply to the court for
relief.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

which tend to bring danger, dishonor or injury to the


other or to the family, the aggrieved party may apply
to the court for relief.

Art. 73: Either spouse may exercise any legitimate


profession, occupation, business or activity without
the consent of the other. The latter may object only
on valid, serious, and moral grounds.
In case of disagreement, the court shall decide
whether or not:
1. The objection is proper; and
2. Benefit has occurred to the family prior to the
objection or thereafter. If the benefit accrued prior to
the objection, the resulting obligation shall be
enforced against the separate property of the
spouse who has not obtained consent.
The foregoing provisions shall not prejudice the
rights of creditors who acted in good faith.

PROPERTY RELATIONS
Art. 74: The property relationship between husband
and wife shall be governed in the following order:
1. By marriage settlements executed before the
marriage;
2. By the provisions of this Code; and
3. By the local custom.

FORMS OF RELIEF:
1. Legal separation
2. Psychological incapacity
3. Petition for receivership judicial, separation
of property to become sole administrator of
property.
Based on presumption, despite objection
(before or after) it will still go to family.
VAWC: If husband prevents you from doing
a right then punishable by law.
The objection must be all valid, serious,
and on moral grounds at the same time.
If it is an isolated activitycontract
without consent of other spouse, the
conjugal spouse cant be liable
GENERAL RULE:
1. Obligations incurred before or after the
marriage but redounding to the benefit of
the family shall be charged to the conjugal
properties
2. Spouses job redounds to the benefit of the
family thus obligations can be satisfied
from the conjugal property.
3. If the benefit accrued prior to the objection,
the resulting obligation shall be enforced
against the separate property of the
spouse who has not obtained consent.

Marriage Settlements: must be in writing signed by


the parties, and made prior to the celebration of the
marriage if it is not in writing it shall be
unenforceable.
If there is no marriage settlement agreed
upon or if the same is void, then the
absolute community of property will prevail.
EFFECT OF MARRIAGE SETTLEMENT:
1. Property in marriage settlement is
registered did not redound to family,
creditor cant get from co-owned

Exceptions: For the separate properties to be liable


the other spouse must have no knowledge of the
immoral activity and therefore could not give an
objection even if benefit accrues to the family.
Exception liability against separate property: If the
creditor did not know of the immoral activity or
thought it was to be used for a legitimate business,
creditor can collect from conjugal properties.

EFFECT OF NO MARRIAGE SETTLEMENT:


1. If the mortgage was registered then the
new spouses property will also be liable.
2. If the mortgage was not registered the new
spouse will not be liable but the mortgage
will be impaired and the debtor spouse will
loose the right to make use of the period.

Must give new securities so as not


to loose the period.
* If the marriage settlement does not particularize

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Persons and Family Relations 2009 (Atty. Sta. Maria)

2.

Art. 75: The future spouses may, in the marriage


settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete
separation of property, or any other regime. In the
absence of a marriage settlement, or when the
regime agreed upon is void, the system of absolute
community of property as established in this Code
shall govern.
Article 76: Modifications in marriage settlement
must be made before the celebration of the
marriage.

Art. 78: A minor who according to law may contract


marriage may also execute his or her marriage
settlements, but they shall be valid only if the
persons designated in Article 14 to give consent to
the marriage are made parties to the agreement,
subject to the provisions of Title IX of this Code.
Art. 79: For the validity of any marriage settlement
executed by a person upon whom a sentence of

If marriage settlement is not registered,


can get from co-owned
3. If redounded to benefit of family can get
from co-owned even if not registered.
*Marriage settlement must be fair, they must
exercise good faith in contracting the marriage
settlement. However if the agreement is not fair as
long as the disadvantaged spouse shows that
he/she understood it then the marriage settlement
shall be maintained.
LOCAL CUSTOMS: rule of conduct formed by
repetition of acts uniformly observed as a social
rule, legally binding and obligatory.
- If a marriage settlement is absent or property
regime agreed upon is void, Absolute community of
property will govern.

any valid property regime such provision is void and


thus the absolute community of property shall
prevail.

Art. 77: The marriage settlements and any


modification thereof shall be in writing, signed by the
parties and executed before the celebration of the
marriage. They shall not prejudice third persons
unless they are registered in the local civil registry
where the marriage contract is recorded as well as
in the proper registries of properties.
(Oral marriage settlement is VOID)

Exception under Article 66 and 67: Revival or


adoption of new property regime when those legally
separated have reconciled.
Exception under Article 128: in case of
abandonment of a spouse other spouse can petition
for receivership or administration of properties or
judicial decree of separation of properties
Exception under Article 135: Further grounds for
judicial separation of property
Exception under Article 136: voluntary and
verified petition in court of both spouses to modify
regime into separate community of property regime.

- Now a minor or a person below 18 years old


cannot contract to a marriage. An 18-year-old
person deciding to get married can execute a
marriage settlement without obtaining consent.
- It is mandatory that a person with civil interdiction
must have a guardian appointed by the court to be

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Persons and Family Relations 2009 (Atty. Sta. Maria)

civil interdiction has been pronounced or who is


subject to any other disability, it shall be
indispensable for the guardian appointed by a
competent court to be made a party thereto.
Art. 80: In the absence of a contrary stipulation in a
marriage settlement, the property relations of the
spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the
marriage and their residence
This rule shall not apply:
1. Where both spouses are aliens;
2. With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines and
executed in the country where the property is
located; and
3.With respect to the extrinsic validity of contracts
entered into in the Philippines but affecting property
situated in a foreign country whose laws require
different formalities for its extrinsic validity.
Art. 81: Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration of a future marriage, including
donations between the prospective spouses made
therein, shall be rendered void if the marriage does
not take place. However, stipulations that do not
depend upon the celebration of the marriages shall
be valid.
VOID MARRIAGE SETTLEMENTS
ARTICLE 76
Article 76
Article 80
Article 81
Effects on creditors
Marriage settlements

involved in making the marriage settlement


CIVIL INTERDICTION: deprives the offender during
the sentence, rights in marriage, parental rights, and
administration of property.
Extrinsic validity: The form of the contract has to
follow whatever is the law in the country for changes
to be made (change title etc.)

- The reason for the marriage settlement is the


marriage itself thus if it does not take place the
marriage settlement shall not be valid.
- The provisions in a marriage settlement are
separable thus if there are provisions which are
invalid then only the invalid provisions will be
ineffectual while the rest will be enforced.

* Donations in marriage settlements are revoked by


operation of law.

Those not written, signed and made before the


celebration
Those that stipulate that neither local custom nor
absolute community of property will govern without
stipulating any other kind of property regime.
Those made by a person upon who a sentence of
civil interdiction is given
Those stipulated in marriage settlement or contracts
made in consideration of marriage (donations) will
be void if marriage does not take place

- Only needs to be registered in order to bind third parties. If


registered, third parties cannot go after conjugal property

Exception: unless a guardian appointed made by a


competent court is made party thereto
Exception: stipulations that dont depend on the
celebration of the marriage shall remain valid.

Exception to third party rule: If indebtedness benefited


to the family then can go after community of property.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

No marriage settlements: Absolute


community of property.

If there is no marriage settlement:


1. If property is registered then spouse is bound by
mortgage
2. If property is not registered then property is impaired
and the debtor looses period of loan.

DONATIONS
Art. 82: Donations by reason of marriage are those,
which are made before its celebration, in
consideration of the same, and in favor of one or both
of the future spouses.
Art. 83: These donations are governed by the rules
on ordinary donations established in Title III of Book
III of the Civil Code, insofar as they are not modified
by the following articles.
Art. 84: If the future spouses agree upon a regime
other than the absolute community of property, they
cannot donate to each other in their marriage
settlements more than one-fifth of their present
property. Any excess shall be considered void.

Exception to impairment of property: if debtor


immediately gives new property equally satisfactory or get
consent of X to the security or collateral already
established, then he does not loose period of loan.

DONATIONS PROPTER NUPTIAS:


1. Donations are to be made prior to the celebration of
marriage
2. Must be made in favor of 1 or both of the spouses. Can be
made by a third party in the settlement.
Donation between spouses:
1. A valid marriage settlement must stipulate another
regime than Absolute Community of Property (ACP)
2. Donation cannot be more than 1/5 of the present
property of the donee spouse.
3. Must be accepted and comply with other.
Exception: 1/5 rule will not apply if donation is in a separate
deed, provided he has enough to support himself and those
relying on him.

Donations of future property shall be governed by the


provisions on testamentary succession and the
formalities of wills.

Article 85: Donations by reason of marriage of


property subject to encumbrances shall be valid. In
case of foreclosure of the encumbrance and the
property is sold for less than the total amount of the
obligation secured, the donee shall not be liable for
the deficiency. If the property is sold for more than the
total amount of said obligation, the donee shall be
entitled to the excess.

Procedure--Movable:
1. Accepted personally or representative
2. Made in lifetime of donor and donee
3. Can be orally given as long as with
simultaneous delivery or document
representing right of donated (if above
5000 then must be in writing)
Procedure--Immovable:
1.must be in public document
2. Acceptance made in that document or
separate
3. Must be made in lifetime of donor.
DONATIONS EXCLUDED:
1. Made in favor of the spouses
after the celebration of the
marriage
2. Executed in favor of the future
spouses but not in
consideration of marriage
3. Granted to persons other than
the spouses even though they
may be founded on the
marriage.

ENCUMBRANCE: Anything that impairs the use or transfer of


property (burdened)
- If the object of the donation is encumbered it is still valid but
the donees rights are still subject to the encumbrance.
IN CASE OF ENCUMBRANCE OF PROPERTY:
1. Donee wont be liable for insufficiency of property to creditor.
The donor will still be liable for that.
2. Donee can keep excess if property more than satisfies the
debt.
3. Donee cannot ask for reimbursement from donor if
mortgage is foreclosed.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 86: A donation by reason of marriage may be


revoked by the donor in the following cases:
1. If the marriage is not celebrated or judicially
declared void ab initio except donations made in the
marriage settlements, which shall be governed by
Article 81;
2. When the marriage takes place without the
consent of the parents or guardian, as required by
law;
3. When the marriage is annulled, and the donee
acted in bad faith;
4. Upon legal separation, the donee being the guilty
spouse;
5. If it is with a resolutory condition and the condition
is complied with;
6. When the donee has committed an act of
ingratitude as specified by the provisions of the Civil
Code on donations in general.

Art. 87: Every donation or grant of gratuitous


advantage, direct or indirect, between the spouses
during the marriage shall be void, except moderate
gifts which the spouses may give each other on the
occasion of any family rejoicing. The prohibition shall
also apply to persons living together as husband and
wife without a valid marriage.

- But wont be liable for deficiency, and gets the excess if sold
for more than amount.
1. Marriage is not celebrated or is void ab initio
(including art. 52-53)
Prescription:
Marriage is void: 5 years from Judicial Declaration of
Nullity (if doesnt want to give it back, prescribe after
8 years for movable, 30 years for immovable)
Marriage not celebrated: 5 years from when it was
not celebrated
2. Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent was
not obtained, after the marriage.
3. Upon legal separation when donee is the guilty
spouse
Prescription:
- 5 years from finality of decree.
4. When there is a resolutory cause and the condition
has been complied with
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- Donee commits an offense against the person or property of
the donor, his wife, or children
- Donee imputes to the donor any criminal offense involving
moral turpitude unless it is against the donee
- Donee unduly refuses to support donor when he is legally or
morally bound to give support.
Prescription:
- 1 year from the time the donor had knowledge of the fact of
ingratitude
What constitutes a moderate gift depends on the
financial capacity of the donor.
Under the last sentence of Art. 87it must be shown
that the donation was made at a time when they were
still living together as husband and wife without the
benefit of marriage.
Validity of donation or transfer cannot be challenged
by anyone unless those that will be affected by the
donation.

Exception: If the donation is in the


marriage settlement it will be revoked by
operation of law.
Exception: If the marriage is void due
to Article 40, or Article 44, then
automatically revoked

Exception: if the ground for legal


separation is infidelity in the form of
adultery or concubinage it will be
automatically void.
Exception: between husband and wife
prescription does not run.

Void Donations: (considered indirect


donations to the spouse)
1. To a stepchild who has no
compulsory or legal heirs
2. To a common child who has no
compulsory or legal heirs
3. To the parents of the other
spouse
4. To the other spouses adopted

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Persons and Family Relations 2009 (Atty. Sta. Maria)

RESERVA TRONCAL: the ascendant who inherits from his


descendant any property which the later may have acquired
by gratuitous title from another ascendant or sibling is obliged
to reserve such property for the benefit of relatives within the
3rd degree and who belong to the same line.
Ex. H is married to W and has a son S. H has a brother B. H
dies and donates to S his property. After which, S dies without
any heirs and thus the property goes to W. If W dies the
property does not go to her heir but to B so that the property
stays in the same line of the original owner (once owed by H)
and is within the third degree of S.
Property Regime
Absolute
community of
property
Art. 88: The absolute
community of
property between
spouses shall
commence at the
precise moment that
the marriage is
celebrated. Any
stipulation, express
or implied, for the
commencement of
the community
regime at any other
time shall be void
(Default regime if
nothing stipulated
exception:
subsequent marriage
after death will
automatically be CSP
if there was no proper
liquidation of the
properties of the
previous marriage)

What included
All properties owned
before and after.
Art. 91: Unless
otherwise provided in
this Chapter or in the
marriage settlements,
the community
property shall consist
of all the property
owned by the
spouses at the time
of the celebration of
the marriage or
acquired thereafter.
Art. 93: Property
acquired during the
marriage is presumed
to belong to the
community, unless it
is proved that it is
one of those
excluded therefrom.

What excluded
Article 92:
1.provided in marriage
settlement
2. Personal and exclusive
use of either spouse (except
jewelry)
- However if exclusive
property is used to purchase
something else such
property becomes part of
ACP
1.Property acquired by
gratuitous title including the
fruits and income UNLESS
the guarantor expressly said
they will form part of ACP
- Must be a valid donation
(cant be donation made by
one spouse to another)
2.Property acquired by
either spouse who has
legitimate descendants
and the fruits of that property
*Winnings from gambling
(losses borne by looser)

Notes
Art. 89: No waiver of rights,
shares and effects of the
absolute community of
property during the marriage
can be made except in case of
judicial separation of property.
When the waiver takes place
upon a judicial separation of
property, or after the marriage
has been dissolved or
annulled, the same shall
appear in a public instrument
and shall be recorded as
provided in Article 77. The
creditors of the spouse who
made such waiver may
petition the court to rescind the
waiver to the extent of the
amount sufficient to cover the
amount of their credits.
* No waiver of rights, interests,
shares, and effects without
judicial separation or
dissolution or annulment of
marriage shall appear in a
public instrument (creditors
may rescind waiver up to

5.

child
To common adopted child who
has no other compulsory and
or legal heirs.

Charges
Article 94:
1. Support (spouses,
common & legitimate
children)
- Even beyond age of majority
2. Debts & obligations made
by both, administrator, or with
consent of other spouse
(even if did not redound)
3. D & O without consent but
redounded.
4. Expenses for community
property (taxes, liens,
charges)
5. Taxes & expenses for
preservation during marriage
of separate property used by
family
6. Expenses for selfimprovement or profession.
7. Antenuptial debts
redounding to family
8. Donation made by both
spouses for children to
pursue vocation or selfimprovement
9. For illegitimate children,
fines for crimes/quasi delict in

Liquidation process
Termination:
Art. 97: Either spouse
may dispose by will of
his or her interest in the
community property.
Art. 98: Neither spouse
may donate any
community property
without the consent of
the other. However,
either spouse may,
without the consent of
the other, make
moderate donations
from the community
property for charity or
on occasions of family
rejoicing or family
distress
Article 99:
1. Death
- Same proceeding as
settlement of estate.
Spouse shall liquidate
property if no judicial
settlement proceeding
within 1 year. After 1

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 90: The


provisions on coownership shall apply
to the absolute
community of
property between the
spouses in all matters
not provided for in
this Chapter.

extent of the debt)


Art. 96: The administration
and enjoyment of the
community property shall
belong to both spouses jointly.
In case of disagreement, the
husband's decision shall
prevail, subject to recourse to
the court by the wife for proper
remedy, which must be availed
of within five years from the
date of the contract
implementing such decision.
In the event that one spouse is
incapacitated or otherwise
unable to participate in the
administration of the common
properties, the other spouse
may assume sole powers of
administration. These powers
do not include disposition or
encumbrance without authority
of the court or the written
consent of the other spouse.
In the absence of such
authority or consent, the
disposition or encumbrance
shall be void. However, the
transaction shall be construed
as a continuing offer on the
part of the consenting spouse
and the third person, and may
be perfected as a binding
contract upon the acceptance
by the other spouse or
authorization by the court
before the offer is withdrawn
by either or both offerors.
* Spouses administer and
enjoy property jointly. Husband

case of insufficiency.
(Advances)
10. Expenses for litigation
* Solidary liability does not
include ante-nuptial debts not
redounding, support of
illegitimate, liabilities thru
crime/delict.
Art. 95: Whatever may be
lost during the marriage in
any game of chance, betting,
sweepstakes, or any other
kind of gambling, whether
permitted or prohibited by
law, shall be borne by the
loser and shall not be
charged to the community but
any winnings therefrom shall
form part of the community
property.

year cannot make


encumbrance on
property.
2. Legal separation
4. Annulled or void
(governed by art. 147 &
148 except if void under
Article 40)
5. Judicial separation of
property
6. Reappearance of a
spouse presumed dead.
Procedure:
Article 102:
1. Inventory (separate
and community)
2. D&O of ACP shall be
paid out, in case of
insufficiency solidarily
liable with separate
property.
3. Exclusive prop
delivered.
4. Net remainder of ACP
divided equally unless
different proportion in
settlement or waiver.
5. Delivery of
presumptive legitimates
6. Conjugal dwelling
with spouse with most
children

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Persons and Family Relations 2009 (Atty. Sta. Maria)

ACP

ACP

SEPARATION IN FACT:
Art. 100: The separation in fact between husband
and wife shall not affect the regime of absolute
community except that:
1.The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have the right to be supported;
2.When the consent of one spouse to any transaction
of the other is required by law, judicial authorization
shall be obtained in a summary proceeding;
3. In the absence of sufficient community property,
the separate property of both spouses shall be
solidarily liable for the support of the family. The
spouse present shall, upon proper petition in a
summary proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share.
Art. 101: If a spouse without just cause abandons
the other or fails to comply with his or her obligations
to the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of
property or for authority to be the sole administrator
of the absolute community, subject to such
precautionary conditions as the court may impose.

decision prevails subject to


recourse of wife within 5 years
from date of contract
implementing decision. BUT if
wife ratifies contract express or
implied cant annul anymore.
- If disposition is made without
knowledge or consent of other
person no prescription.
- Abandonment is different from separation in fact.
Abandonment has to do with total abdication of all marital and
parental authority.
- If the spouse left with a valid cause he or she can still be
supported from the ACP.
- The ACP can still be liable for obligations incurred by the
separating spouse that may redound to the benefit of the family.
- Even the guilty spouse can compel the sale of property, which
will redound to the benefit of the family.
- Only the present spouse is given standing by the law to file a
petition to encumber or administer the property of the other
spouse.

ABANDONMENT: Implies a departure by one spouse with the


avowed intent never to return, followed by prolonged absence
without just cause.
- Should not only be physical but also financial and moral
desertion.

The obligations to the family mentioned in the


preceding paragraph refer to marital, parental or
property relations.
A spouse is deemed to have abandoned the other

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Conjugal
Partnership of
Gains:
Art. 105: In case the
future spouses agree
in the marriage
settlements that the
regime of conjugal
partnership gains
shall govern their
property relations
during marriage, the
provisions in this
Chapter shall be of
supplementary
application.
The provisions of this
Chapter shall also
apply to conjugal
partnerships of gains
already established
between spouses
before the effectivity
of this Code, without
prejudice to vested
rights already
acquired in
accordance with the
Civil Code or other
laws, as provided in
Article 256.
Presumption is that

when he or she has left the conjugal dwelling without


intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has
failed within the same period to give any information
as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the
conjugal dwelling.
Article 106:
Article 109:
- Proceeds, products,
1. Brought into the
fruits and income from
marriage as his or her
their separate
own
properties
2. Acquired by gratuitous
- Those acquired by
title
their efforts or chance
- By way of succession
- Income and fruits by
- Honorarium (given in
gratuitous title (diff from
appreciation for services
ACP)
rendered)
- Annuity: retirement on
3. Acquired by right of
an annuity (received as
redemption, barter,
a matter of right)
exchange
-Pension: service
- Even if money used to
previously rendered for
redeem is conjugal
which full and adequate
(reimbursement)
compensation was not
4. Bought with exclusive
received at the time.
money of either spouse.
Article 117:
*Onerous donations
1. Acquired by onerous
*Designated share in
title using common
donation
funds.
*Gratuity (amount given
2. Obtained by labor or
by jobs for previous
industry or work
work)
3. Fruits, natural,
industrial, or civil due
Art. 110: The spouses
received during
retain the ownership,
marriage from common
possession,
prop
administration and
- Net fruits of exclusive
enjoyment of their
property
exclusive properties.
BUT personal damages
are not conjugal.
Either spouse may,
4. Share in hidden
during the marriage,

Art. 107: The rules provided


in Articles 88 and 89 shall
also apply to conjugal
partnership of gains.
Art. 108: The conjugal
partnership shall be governed
by the rules on the contract of
partnership in all that is not in
conflict with what is expressly
determined in this Chapter or
by the spouses in their
marriage settlements.
Prohibition on waiver.
*Properties brought into the
marriage by the contracting
parties belong to each of
them exclusively.
- Either spouse can transfer
admin of prop to other spouse
thru public instrument.
Art. 118: Property bought on
installments paid partly from
exclusive funds of either or
both spouses and partly from
conjugal funds belongs to the
buyer or buyers if full
ownership was vested before
the marriage and to the
conjugal partnership if such
ownership was vested during
the marriage. In either case,
any amount advanced by the

Article 121:
1.support of spouse common
and legitimate children
2.D&O by admin, both or either
spouse with consent of other.
3.D&O without consent of other
but redounding.
4.expenses for conjugal prop
(taxes, liens)
5.taxes and expenses for
preservation of separate
property (no need for use)
6.expenses for spouse for
profession or self-improvement.
7.Antenuptial debts redounding
to family.
8.donation of both for children
for profession or selfimprovement.
9.expenses of litigation between
spouses
Not to be paid by cpg:
Article 122:
-Payment of personal debts
contracted by the husband or
wife before or during the
marriage unless they
redounded to the benefit of the
family.
However, fines and indemnities
imposed support of illegitimate
children can be paid by the
assets AFTER the payment of
obligations provided in Art. 121.

Termination:
Article 126:
1.Death
2.Legal Separation
3. Annulled or declared
void.
4.Judicial Separation
Article 127 and 128:
-Provisions on
separation in fact and
abandonment has the
same application as in
ACP article 100 and
101.
Procedure:
Article 129:
1.Inventory of separate
and conjugal prop
2.Payment of advances
3.Reimbursement to the
spouses.
4.D&O paid out by
CPG, insufficiency
solidarily liable.
5.exclusive prop
delivered
6.loss or deterioration of
movables paid from
CPG
7.Net remainder to be
divided (unless MS or
waiver)
8.Delivery of

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Persons and Family Relations 2009 (Atty. Sta. Maria)

all property acquired


during marriage even
if in the name of one
spouse is conjugal
unless otherwise
provided.

CPG

treasure
5. Fishing and hunting
6. Excess livestock
(those brought in to the
marriage by one will
reimbursed
7. Acquired by chance

transfer the
administration of his or
her exclusive property to
the other by means of a
public instrument, which
shall be recorded in the
registry of property of the
place the property is
located.

Art. 110: The spouses retain the ownership,


possession, administration and enjoyment of their
exclusive properties.

partnership or by either or
both spouses shall be
reimbursed by the owner or
owners upon liquidation of
the partnership.
Property bought before but
title registered after
marriage: still considered
exclusive property even if
spouse is made co-owner in
title (considered a trust)
Separate property plus
conjugal funds to buy a
new property: new property
will be considered conjugal.
Property bought on
installment partly from
exclusive and partly from
conjugal: when title was
vested will govern, then
reimburse (Art. 119)
Principal payments and
interest paid to a spouse
during marriage: principal
amt is exclusive while interest
is conjugal.

Either spouse may, during the marriage, transfer the

But at the time of liquidation the


spouse who used such funds
will be charged.
If charges are paid, and no
property or insufficient, CPG
pays:
-Fines, debts before the
marriage
-Support of illegitimate
*Subject to reimbursement
(ACP no need to pay out all
charges first)
Article 120
1.If improvement made by cp is
more than value of the property,
entire property will be conjugal
reimburse spouse.
2. If amount is not more than it
will still be separate property
subject to reimbursement to
CPG. (Ownership will vest upon
reimbursement)

Art. 123: Whatever may be lost


during the marriage in any
game of chance or in betting,
sweepstakes, or any other kind
of gambling whether permitted
or prohibited by law, shall be
borne by the loser and shall not
be charged to the conjugal
partnership but any winnings
therefrom shall form part of the
conjugal partnership property.
Each spouse is to retain ownership, administration,
possession and enjoyment of their exclusive
properties.
Administration includes entering into contracts,
engaging in litigation, and collection of fruits, profits
and income arising from separate property.

presumptive legitimes
9.Conjugal dwelling
Article 130: in case of
death the liquidation
proceeding will be in the
same proceeding as the
settlement of the estate
of the deceased. (Same
application as in ACP
article 103)
Art. 133: From the
common mass of
property support shall
be given to the
surviving spouse and to
the children during the
liquidation of the
inventoried property
and until what belongs
to them is delivered; but
from this shall be
deducted that amount
received for support
which exceeds the fruits
or rents pertaining to
them.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

CPG

administration of his or her exclusive property to the


other by means of a public instrument, which shall be
recorded in the registry of property of the place the
property is located.
Art. 111: A spouse of age may mortgage, encumber,
alienate or otherwise dispose of his or her exclusive
property, without the consent of the other spouse,
and appear alone in court to litigate with regard to the
same.

The owner spouse can transfer administration of the


property not only to the other spouse but also to any
third person without the consent of the other spouse.

Art. 111 is no longer necessary, as the age of marriage


is also the age of emancipation.
If the owner-spouse alienates his property the
administration by the other spouse over such property
will cease and the proceeds will go to the owner.
The owner-spouse cannot revoke a judicially approved
administration by the other spouse of his property by
alienating it. Thus to alienate the property he must get
the consent of the administrator-spouse or court
approval.

CPG

Art. 112: The alienation of any exclusive property of


a spouse administered by the other automatically
terminates the administration over such property and
the proceeds of the alienation shall be turned over to
the owner-spouse.
Art. 113: Property donated or left by will to the
spouses, jointly and with designation of determinate
shares, shall pertain to the donee-spouses as his or
her own exclusive property, and in the absence of
designation, share and share alike, without prejudice
to the right of accretion when proper.
Art. 114: If the donations are onerous, the amount of
the charges shall be borne by the exclusive property
of the donee spouse, whenever they have been
advanced by the conjugal partnership of gains.
Art. 115: Retirement benefits, pensions, annuities,
gratuities, usufructs and similar benefits shall be
governed by the rules on gratuitous or onerous
acquisitions as may be proper in each case.

CPG

Art. 124: The administration and enjoyment of the


conjugal partnership shall belong to both spouses
jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court
by the wife for proper remedy, which must be availed
of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the administration

The donor may donate whatever he wishes to


whomever he wants. Thus he may donate a piece of
property to both spouses jointly or may specify how
much of the property should go to the husband and
how much should go to the wife.
ACCRETION: addition of property to another property
General rule: in a joint donation one cannot accept
independently of his co-donee unless it is stipulated or unless it
is between husband and wife.
Ex. D donates land to H and W who are married. D donates 1/3
to W and 2/3 to H. If W does not accept the donation it will be
considered added on to the share of the husband. However if it
is a specific designation such as H will get a car and W will get
a horse, accretion will not apply.
- In the case of wills for accretion to take effect, the nature of
the inheritance must be pro indivisio (not divided, the terms
or in equal shares does not make it divided).
Any alienation made by either spouse without the
consent of the other is invalid.
In case the husband disposes of property over the
objection of the wife, the wife may file a case to annul
the entire contract or part of it.
-

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Persons and Family Relations 2009 (Atty. Sta. Maria)

of the conjugal properties, the other spouse may


assume sole powers of administration. These powers
do not include disposition or encumbrance without
authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed as
a continuing offer on the part of the consenting
spouse and the third person, and may be perfected
as a binding contract upon the acceptance by the
other spouse or authorization by the court before the
offer is withdrawn by either or both offerors. (165a)

Separation of
property
Art. 134: In the
absence of an
express declaration
in the marriage
settlements, the
separation of
property between
spouses during the
marriage shall not
take place except by
judicial order. Such
judicial separation of
property may either
be voluntary or for
sufficient cause.
(Can be stipulated in
MS which shall
govern and FC will
only be

Art. 125: Neither spouse may donate any conjugal


partnership property without the consent of the other.
However, either spouse may, without the consent of
the other, make moderate donations from the
conjugal partnership property for charity or on
occasions of family rejoicing or family distress.
- They own everything separately but still liable for
family expenses in proportion to their income or in
default thereof in proportion to separate prop. But
liability to their creditor is still solidary.
Article 135: Sufficient cause for judicial
separation of property:
1. Civil interdiction
2. Absentee spouse
-2 years from last news about absentee, or 5 years if
an administrator has been left.
3. Loss of parental authority decreed by court
(termination or deprivation not mere
suspension)
-Over legitimate or illegitimate child whether of
previous or present marriage
4. Abandonment or failure to comply with his or
her obligations
5. Abused power of administration
6. Separation in fact for at least 1 yr
Art. 137: Once the separation of property has been

Article 136: Voluntary Separation


-Spouses may agree on the separation of their properties with
court approval, no reason needed. (But if reason is stated and it
is against public policy the court will reject it)
-Division of property must be equal unless there is a different
proportion agreed in MS or waiver.
-Takes effect after judicial order of decree (not signing of
agreement)
-Creditors will be listed in petition and notified)
-In process, delivery of presumptive legitimes is not necessary.
*Art. 142: Admin of exclusive prop of either spouse may be
transferred by court to other spouse or if not qualified to another
person when:
1.spouse becomes the guardian
2.the other is judicially declared an absentee
3.civil interdiction
4.fugitive from justice, hiding as an accused
Art 143: If the couple wants a regime of separation of property
they have to enter into a valid marriage settlement prior to the
marriage stipulating such regime.

Revival:
Article 141:
1.termination of civil
interdiction
2.Absentee reappears
3.court satisfied that
administration will not
be again abused
4.Resumption of
common life with other
spouse
5.parental authority
restored
6.reconciliation of those
separated in fact
7.For those who
voluntarily separated
property, agree to revive
former property regime
(but after that cant
separate property
anymore)

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Persons and Family Relations 2009 (Atty. Sta. Maria)

supplementary in
nature, in the
absence therein it
cannot take place
during the marriage
except by judicial
order)
-May refer to present
or future property or
both
-May be partial or
total
-Those not agreed as
separate will be ACP
Marriage without
unions (governs
void marriages)

decreed, the absolute community or the conjugal


partnership of gains shall be liquidated in conformity
with this Code.
During the pendency of the proceedings for
separation of property, the absolute community or the
conjugal partnership shall pay for the support of the
spouses and their children.
Art. 138: After dissolution of the absolute community
or of the conjugal partnership, the provisions on
complete separation of property shall apply.
Art. 144: Separation of property may refer to present
or future property or both. It may be total or partial. In
the latter case, the property not agreed upon as
separate shall pertain to the absolute community.
Art. 147: When a man and a woman who are
capacitated to marry each other, live exclusively with
each other as husband and wife without the benefit of
marriage or under a void marriage, their wages and
salaries shall be owned by them in equal shares and
the property acquired by both of them through their
work or industry shall be governed by the rules on
co-ownership.
In the absence of proof to the contrary, properties
acquired while they lived together shall be presumed
to have been obtained by their joint efforts, work or
industry, and shall be owned by them in equal
shares. For purposes of this Article, a party who did
not participate in the acquisition by the other party of
any property shall be deemed to have contributed
jointly in the acquisition thereof if the former's efforts
consisted in the care and maintenance of the family
and of the household.
Neither party can encumber or dispose by acts inter
vivos of his or her share in the property acquired
during cohabitation and owned in common, without
the consent of the other, until after the termination of
their cohabitation.
When only one of the parties to a void marriage is in

Art. 145: Administration is left with each spouse with regard to


his/her own property without the need for the consent of the
other. Earnings of each shall also belong to each spouse.
Art. 146: Both spouses shall bear the family expenses in
proportion to their income or their separate property. Liability of
spouses to creditors to family expenses are solidary (they are
both liable to the creditor for the whole amount if the creditor
seeks it from one of them. Such spouse is entitled to
reimbursement from the other spouse).
* Even if there is an agreement on proportion of sharing etc, it
wont affect the creditors.

- Art. 67 revival:
Agreement under oath
will state:
1.properties to be
contributed
2.those to be retained
as separate
3.names of known
creditors

Requisites:
1.Capacitated to marry each other
-Not capacitated: incestuous, against public policy, under 18,
bigamous marriage
2.live exclusively with each other as husband and wife
3.Without benefit of marriage or under a void marriage.
*Includes marriages of psychological incapacity, reappearance
of wife, non-liquidation of property, absence of formal requisites.
Structure:
1. Salaries and wages shall be owned by equal shares
2. Property acquired with exclusive funds is owned by
them exclusively
3. Property acquired through work or industry governed
by co-ownership
4. Property acquired while they live together will be
owned by them in equal shares. (Contribution can be
in the form of care and maintenance of family,
household)
5. Fruits of separate property not part of co-ownership
6. Conjugal home will be owned equally.
-Cant encumber or dispose of his/her share without consent of
the other or after cohabitation.
-Can alienate in favor of the other his or her share BUT cant
waive any interest in co-ownership
-Void marriage: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Marriage without
unions (governs
void marriages)

good faith, the share of the party in bad faith in the


co-ownership shall be forfeited in favor of their
common children. In case of default of or waiver by
any or all of the common children or their
descendants, each vacant share shall belong to the
respective surviving descendants. In the absence of
descendants, such share shall belong to the innocent
party. In all cases, the forfeiture shall take place upon
termination of the cohabitation.
Art. 148: In cases of cohabitation not falling under
the preceding Article, only the properties acquired by
both of the parties through their actual joint
contribution of money, property, or industry shall be
owned by them in common in proportion to their
respective contributions. In the absence of proof to
the contrary, their contributions and corresponding
shares are presumed to be equal. The same rule and
presumption shall apply to joint deposits of money
and evidences of credit.
If one of the parties is validly married to another, his
or her share in the co-ownership shall accrue to the
absolute community or conjugal partnership existing
in such valid marriage. If the party who acted in bad
faith is not validly married to another, his or her shall
be forfeited in the manner provided in the last
paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise apply
even if both parties are in bad faith

3. Absence of descendants, innocent party


Void marriages included:
Art. 36: psychological incapacity
Art. 44: bad faith of both spouses in a subsequent
marriage
Art. 53: non-liquidation, dissolution, distribution of prop.
Those where there is absence of consent, authority of
solemnizer, license, marriage ceremony.

Requisites:
Cohabitation not falling under article 147.
Structure:
Parties are co-owners of property acquired during
cohabitation only upon proof that each of them made
an actual contribution.
1. Salaries and wages are separately owned; if either is
married the salaries go to that marriage.
2. Property acquired by the money of one, belongs to
that person exclusively
3. Only properties acquired by both of them through joint
contribution will be owned by them in common in
proportion to what they gave (money, property, or
industry but cant be mere care and maintenance of
family/household). (Presumption is that shares over
property owned is equal shares but can be rebutted
through proof showing otherwise.)
4. If one of the parties is validly married, that persons
share in the co-ownership will accrue to the marriage.
Bad faith: net share of bad faith is forfeited to:
1. Common children
2. Waiver of common children, descendants
3. Absence of descendants, innocent party
- If both are in bad faith they shall be considered as in good
faith and their shares shall go to them.
Exception to insolvency: if redounded to the benefit of the family then the property can be assigned for payment of insolvency
- Administration is joint by both spouses, husbands decision will prevail subject to recourse by the wife within 5 years from the contract implementing the decision.
Contract will be a continuing offer upon acceptance by other spouse or court order.

THE FAMILY AS AN INSTITUTION


Art. 149: The family, being the foundation of the nation, is a
basic social institution which public policy cherishes and

Paramount importance is given to the family as provided


in the 1987 constitution.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

protects. Consequently, family relations are governed by law


and no custom, practice or agreement destructive of the family
shall be recognized or given effect.
Art. 150: Family relations include those:
1. Between husband and wife;
2. Between parents and children;
3. Among brothers and sisters, whether of the full or
half-blood.
Art. 151: No suit between members of the same family shall
prosper unless it should appear from the verified complaint or
petition that earnest efforts toward a compromise have been
made, but that the same have failed. If it is shown that no such
efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the
subject of compromise under the Civil Code

THE FAMILY HOME


Art. 152: The family home, constituted jointly by the husband
and the wife or by an unmarried head of a family, is the
dwelling house where they and their family reside, and the
land on which it is situated.

Any person not included in the enumeration cannot be


considered as within the term family relations.
Before a suit can be filed by people belonging to the
same family as provided in Art. 150, earnest efforts must
be made to settle the case amicably.
*Earnest efforts meant for civil actions only.
The following are excused from criminal liability (only civil liability
incurred) for theft, swindling or malicious mischief:
1. Spouses, ascendants, and descendents or relatives by
affinity in the same line.
2. The widowed spouse with respect to the property of the
deceased BEFORE someone else possesses it.
3. Brothers and sisters and brothers-in-law and sisters-inlaw if they are living together.

Exemption is not applicable to strangers participating


therein.
Prescription does not run between husband and wife, parents and
children during the latters minority or insanity, and between
guardian and ward during the guardianship.
-

Art. 153: The family home is deemed constituted on a house


and lot from the time it is occupied as a family residence. From
the time of its constitution and so long as any of its
beneficiaries actually resides therein, the family home
continues to be such and is exempt from execution, forced
sale or attachment except as hereinafter provided and to the
extent of the value allowed by law.
Art. 154: The beneficiaries of a family home are:
1. The husband and wife, or an unmarried person who is the
head of a family; and
2. Their parents, ascendants, descendants, brothers and
sisters, whether the relationship be legitimate or illegitimate,

Family relations are governed by law and no custom or


practice destructive of the family will be recognized.

Home is deemed constituted from the time it is actually


resided upon and occupied by the family. No need for
judicial or extrajudicial requirement, deemed constituted
by operation of law.
There must be the element of permanence (thus a boat
on water cannot be considered a family home)
Must be constituted by both husband and wife jointly, the
unmarried head of the family, or the occupancy of
beneficiaries in a home can be constituted as a family
home.
The family home is exempt from execution, forced sale
or attachment as provided by law
The actual occupancy of the beneficiaries in a home may
constitute the same as a family home as long as they
have the consent of the husband or wife who own the
house and lot even if the owners do not reside in them.

Exception to earnest efforts:


- Earnest effort is not
required if included in the
suit between family
members is a stranger not
of the same family.
- Does not apply to cases,
which may not be
compromised.
- Does not apply to
settlement of estate
guardianship, custody of
children, and habeas
corpus

* Exemption from execution


is not absolute as it is
subject to certain limitation
such as indebtedness in
certain instances (to be
discussed in the next
articles)

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Persons and Family Relations 2009 (Atty. Sta. Maria)

who are living in the family home and who depend upon the
head of the family for legal support
Art. 155: The family home shall be exempt from execution,
forced sale or attachment except:
1. For nonpayment of taxes;
2. For debts incurred prior to the constitution of the family
home;
3. For debts secured by mortgages on the premises before or
after such constitution; and
4. For debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished material for the construction of the building.
Art. 156: The family home must be part of the properties of
the absolute community or the conjugal partnership, or of the
exclusive properties of either spouse with the latter's consent.
It may also be constituted by an unmarried head of a family on
his or her own property.
Nevertheless, property that is the subject of a conditional sale
on installments where ownership is reserved by the vendor
only to guarantee payment of the purchase price may be
constituted as a family home.
Art. 157: The actual value of the family home shall not
exceed, at the time of its constitution, the amount of the three
hundred thousand pesos in urban areas, and two hundred
thousand pesos in rural areas, or such amounts as may
hereafter be fixed by law.
In any event, if the value of the currency changes after the
adoption of this Code, the value most favorable for the
constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to
include chartered cities and municipalities whose annual
income at least equals that legally required for chartered cities.
All others are deemed to be rural areas.
Art. 158: The family home may be sold, alienated, donated,
assigned or encumbered by the owner or owners thereof with
the written consent of the person constituting the same, the
latter's spouse, and a majority of the beneficiaries of legal age.
In case of conflict, the court shall decide
Art. 159: The family home shall continue despite the death of

The whole value of the family home may be used to pay


obligations under Art. 155.

The family home must be constituted at a place where


there is a fixed and permanent connection with the
persons constituting it.
Not considered:
1. Boat or vessel
2. Apartment or house being rented
3. House on anothers property
Considered: Property where ownership is reserved to the one
making the family home.
Those above the amount stipulated (300,000 in urban,
200,000 in rural) will not be exempt from execution,
forced sale or attachment.
Prior to the family code constitution of a family home was
not automatic there was a need to file for such. If prior to
the family code there are certain houses falling under the
value of a family home at the time of the constitution of
the family code (Aug. 3, 1988) provided for the family
home is deemed automatically constituted.

Written consent needed for the disposition of the family home:


1. Persons constituting the family home
2. Latters spouse
3. Majority of beneficiaries of legal age
-

Security of the family is the concern of the law thus they

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Persons and Family Relations 2009 (Atty. Sta. Maria)

one or both spouses or of the unmarried head of the family for


a period of ten years or for as long as there is a minor
beneficiary, and the heirs cannot partition the same unless the
court finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the
family home.
Art. 160: When a creditor whose claims is not among those
mentioned in Article 155 obtains a judgment in his favor, and
he has reasonable grounds to believe that the family home is
actually worth more than the maximum amount fixed in Article
157, he may apply to the court which rendered the judgment
for an order directing the sale of the property under execution.
The court shall so order if it finds that the actual value of the
family home exceeds the maximum amount allowed by law as
of the time of its constitution. If the increased actual value
exceeds the maximum allowed in Article 157 and results from
subsequent voluntary improvements introduced by the person
or persons constituting the family home, by the owner or
owners of the property, or by any of the beneficiaries, the
same rule and procedure shall apply.

provide for a 10 year period despite the death of the


person who constituted the family home. Furthermore
the heirs cannot partition the same unless the court finds
compelling reasons therefore.
-

Bidders cannot bid below the amount of 300,000


If the house is sold, 300,000 is given to the owner of the
house and the balance to the creditor to satisfy his debt.
This happens even if the debt is not fully satisfied. (Idea
is to give 300,000 so that the debtor can buy a house)
This however does not apply when if the creditor is one
of those mentioned in Article 155 (the debt must be
satisfied even if nothing is left with the owner).

At the execution sale, no bid below the value allowed for a


family home shall be considered. The proceeds shall be
applied first to the amount mentioned in Article 157, and then
to the liabilities under the judgment and the costs. The excess,
if any, shall be delivered to the judgment debtor.
Art. 161: For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be
the beneficiary of, only one family home.
Art. 162: The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.
PATERNITY AND FILIATION
Art. 163: The filiation of children may be by nature or by
adoption. Natural filiation may be legitimate or illegitimate.
Art. 164: Children conceived or born during the marriage
of the parents are legitimate.
Children conceived as a result of artificial insemination of
the wife with the sperm of the husband or that of a donor
or both are likewise legitimate children of the husband
and his wife, provided, that both of them authorized or
ratified such insemination in a written instrument executed
and signed by them before the birth of the child. The

- Paternity and filiation refer to the relationship or tie, which exists


between parents and their children.
Illegitimate children are those conceived and born
outside a valid marriage or inside a void marriage.
ARTIFICIAL INSEMINATION: wife is artificially impregnated with
the semen of her husband or with the semen of a third person.
Child of artificial insemination is considered legitimate
provided that both the husband and wife authorize or
ratify such insemination in a written instrument and
signed by them before the birth of the child and that it is

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instrument shall be recorded in the civil registry together


with the birth certificate of the child.
Art. 165: Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided in this
Code.
Art. 166: Legitimacy of a child may be impugned only on
the following grounds:
1. That it was physically impossible for the husband to
have sexual intercourse with his wife within the first 120
days of the 300 days which immediately preceded the
birth of the child because of:
(a) the physical incapacity of the husband to
have sexual intercourse with his wife;
(b) the fact that the husband and wife were
living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which
absolutely prevented sexual intercourse; 2.That
it is proved that for biological or other scientific reasons,
the child could not have been that of the husband, except
in the instance provided in the second paragraph of Article
164; or
3. That in case of children conceived through artificial
insemination, the written authorization or ratification of
either parent was obtained through mistake, fraud,
violence, intimidation, or undue influence.

Art. 168: If the marriage is terminated and the mother


contracted another marriage within three hundred days
after such termination of the former marriage, these rules
shall govern in the absence of proof to the contrary:
1. A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered

recorded in the civil registry together with the birth


certificate of the child.
If the requirements given are not followed and the
husband does not impugn the legitimacy of the child on
grounds provided by law within the prescriptive period
the child will still be considered legitimate.
Grounds to impugn legitimacy of the child:
1. Physically impossible for husband to have sexual
intercourse with wife within the first 120 days of the 300
days immediately preceding the birth of child due to:
a. Physical incapacity
b. Living separately: must be living in such a way
that sexual intercourse is impossible. (Mere
remoteness is not sufficient)
c. Serious illness
- When a child is born inside a marriage, sexual intercourse is
presumed to have occurred between the husband and wife within
the first 120 days of the 300-day period before the birth of the
child. (Longest gestation period)
2. Biological or scientific reasons the child could not have
been that of the husband (except for artificial
insemination)if for biological reasons offspring could
not have been that of the husband like if the child was a
different race from the fathers.
- Vasectomy is not enough proof because there are times when
the sperm can re-channel itself and effect fertilization.
3. In case of artificial insemination the authorization or
ratification was obtained through mistake, fraud, violence
or intimidation or undue influence.
* In the event that any of the grounds are proven, the child will not
be considered legitimate or illegitimate but that simply the
husband and child are not related. In so far as the mother is
concerned the child will be considered illegitimate.
- Presumption is in favor of legitimacy.

Art. 167: The child shall be


considered legitimate although
the mother may have declared
against its legitimacy or may
have been sentenced as an
adulteress.
*Even if wife impugns
legitimacy, child is still
legitimate, only husband and in
proper cases the heirs can
impugn the legitimacy. Unless:
she did not deliver the child
herself, or did not come from
her own womb.

* Merely suppletory, if there is better proof then such should be


accepted.
- Sexual intercourse is presumed between spouses during their
marriage.
IN CASE OF 2 MARRIAGES:
If child is born within 180 days after the second marriage

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to have been conceived during the former marriage,


provided it be born within three hundred days after the
termination of the former marriage;
2. A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to
have been conceived during such marriage, even though
it be born within the three hundred days after the
termination of the former marriage.
Art. 169: The legitimacy or illegitimacy of a child born
after three hundred days following the termination of the
marriage shall be proved by whoever alleges such
legitimacy or illegitimacy.
Art. 170: The action to impugn the legitimacy of the child
shall be brought within one year from the knowledge of
the birth or its recording in the civil register, if the husband
or, in a proper case, any of his heirs, should reside in the
city or municipality where the birth took place or was
recorded.
If the husband or, in his default, all of his heirs do not
reside at the place of birth as defined in the first
paragraph or where it was recorded, the period shall be
two years if they should reside in the Philippines; and
three years if abroad. If the birth of the child has been
concealed from or was unknown to the husband or his
heirs, the period shall be counted from the discovery or
knowledge of the birth of the child or of the fact of
registration of said birth, whichever is earlier.
Art. 171: The heirs of the husband may impugn the
filiation of the child within the period prescribed in the
preceding article only in the following cases:
1. If the husband should die before the expiration of the
period fixed for bringing his action;
2. If he should die after the filing of the complaint without
having desisted therefrom; or
3. If the child was born after the death of the husband.
PROOF OF FILIATION
Art. 172: The filiation of legitimate children is established
by any of the following:
1. The record of birth appearing in the civil register or a

and within 300 days after the termination of the first


marriage the child shall be considered to have been
conceived of the first marriage unless other proof is
given.
If the child is born after 180 days after the second
marriage the child shall be considered to have been
conceived of the second marriage unless other proof is
given.
*But either way the child is still legitimate.
- If there is no subsequent marriage after 300 days after the
termination of the marriage there is no presumption and thus
convincing proof is necessary.
Prescription for impugning the legitimacy of the child
1. Within one year from the knowledge of the birth or its
recording if husband resides in city where birth took
place or recorded.
2. Within 2 years, if the husband lives elsewhere in the
Philippines.
3. Within 3 years, if he lives abroad
4. If the birth of the child has been concealed, prescription
will begin from the discovery or knowledge of birth of
child or the fact of registration of the birth (whichever is
earlier).

*It is from the knowledge of the


childs birth not the knowledge
that it is not his child.
*Even if the birth was
concealed, if it was registered
and the father did not impugn
the childs legitimacy during the
period provided then the child is
legitimate. (Cannot impugn
since registry is earlier)

- Legitimacy cannot be collaterally attacked or impugned.


Principally only the husband can file a direct action to impugn the
legitimacy of the child even if the child is not his.
- The heirs are mere substitutes of the husband and cannot file
the action if the husband himself failed to file such action despite
knowledge of the illegitimacy within the prescribed period.

- The record of birth appearing in the civil registry should have the
husbands signature and such birth certificate signed by the
parents is adequate proof of paternity without need for further

Proofs from rules of court or


special law:
1. Baptismal certificate

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Persons and Family Relations 2009 (Atty. Sta. Maria)

final judgment; or
2. An admission of legitimate filiation in a public
document or a private handwritten instrument and signed
by the parent concerned.
In the absence of the foregoing evidence, the legitimate
filiation shall be proved by:
1. The open and continuous possession of the status of
a legitimate child; or
2. Any other means allowed by the Rules of Court and
special laws.
Art. 173: The action to claim legitimacy may be brought
by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during
minority or in a state of insanity. In these cases, the heirs
shall have a period of five years within which to institute
the action.

court action.
- Admission in public or private handwritten document is a
complete act of recognition without need for court action

A mere instrument not in the handwriting of the


parent or not a public instrument will not qualify.
- Open continuous possession means the father treats the child
as his own directly and not through others, spontaneously and
without concealment

Must be spontaneous and uninterrupted

Article 176: Rights of an illegitimate child


1. Bear the surname of the mother

Even if paternity is certain, mother surnames


unless father admits that is his child and
lives with them then surname of father can
be used.
2. Be under the parental authority of the mother,
entitled to support from her

Even if paternity is certain, if father is not


living with them he cannot have parental
authority.

If the father acknowledges the child and


cohabits, he will be vested with parental
authority. Even if he leaves after that it will
not be considered a waiver of his parental
authority unless violated legal grounds
provided for termination of parental auth. (he

Article 174: Legitimate children shall have the right:


1. To bear the surnames of the father and the mother, in
conformity with the provisions of the Civil Code on Surnames;
2. To receive support from their parents, their ascendants, and in
proper cases, their brothers and sisters, in conformity with the
provisions of this Code on Support; and
3. To be entitled to the legitimate and other successional rights
granted to them by the Civil Code.

Action to claim legitimacy by the child


May be brought by the child during his or her lifetime and may be
transmitted to heirs if the child dies during minority or in a state of
insanity or after it has already been instituted by the child and
child dies.
Heirs have five years to institute action

2.
3.
4.
5.
6.

Judicial admission
Family bible
Common reputation
Admission by silence
Testimony of witness

Article 175: Illegitimate child


-Same as legitimate children
except when proof is through
open and continuous relationship
or other rules of court in which
case it may only be brought
during the lifetime of the alleged
parent.
Exception: if the child is born in
a valid marriage though different
man, he cannot claim illegitimacy.
The man in the marriage must
first impugn the legitimacy of the
child

- A legitimate child has his or her whole lifetime to file an action to


claim his or her legitimacy.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

will also be vicariously liable for damages


caused by the child)
3. Legitime will be of the legitime of a legitimate
child
4. Can get support only up to the grandparents,
and no right of representation (if parent dies
cant inherit straight from grandparents)
5. Illegitimate child has his or her lifetime to file an
action to claim illegitimacy if he/she has proof
under Art. 172 (claim for his status in not
transmissible to his heirs)
Art. 177: Only children conceived and born outside of
wedlock of parents who, at the time of the conception of
the former, were not disqualified by any impediment to
marry each other may be legitimated.
Art. 178: Legitimation shall take place by a subsequent
valid marriage between parents. The annulment of a
voidable marriage shall not affect the legitimation.
Art. 179: Legitimated children shall enjoy the same
rights as legitimate children. (272a)
Art. 180: The effects of legitimation shall retroact to the
time of the child's birth.

Art. 181: The legitimation of children who died before


the celebration of the marriage shall benefit their
descendants.
Art. 182: Legitimation may be impugned only by those
who are prejudiced in their rights, within five years from
the time their cause of action accrues.

Legitimated Children (legitimate by operation of law)


Requirements:
1. Children conceived and born outside wedlock
2. Of parents who had no legal impediments to marry at
that time the child was conceived and
3. They get married later on. (The fact that it is a voidable
marriage will not affect the legitimation, but if it is a void
marriage then illegitimate)

IF the child dies before the celebration of the marriage, it


will still benefit their descendants.

Only by those who are prejudiced in their rights within 5


years from the time their cause of action accrues. (Refers
basically to inheritance rights but if the creditors are really
prejudiced they must show how legitimation affected such
vested rights prior to legitimation then those rights will
not be taken from them)

Right of action accrues only upon death of parents when


legitimes will vest

Adopted children can be prejudiced with regards to


adopter parents or even natural parents.
In effect gives the children what they should have
enjoyed during the lifetime of their father or mother.
-

*Shall enjoy same rights as


legitimate children, shall retroact
to their birth.
*No need for the
acknowledgment of the father
unlike the civil code.
*Legitimation will not affect
property rights already vested.
*If there is a legal impediment at
the time of conception the
remedy is adoption.
Exception: those born through
adulterous relationship and
bigamous marriage cannot be
legitimated.

Contemplates inheritance or successional rights,


creditors (commercial or property rights) are excluded
unless it can be shown that the legitimation affected their
rights and they are really prejudiced.

SUPPORT

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 194: Support comprises everything indispensable


for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the
financial capacity of the family.
The education of the person entitled to be supported
referred to in the preceding paragraph shall include his
schooling or training for some profession, trade or
vocation, even beyond the age of majority.
Transportation shall include expenses in going to and
from school, or to and from place of work.
Art. 195: Subject to the provisions of the succeeding
articles, the following are obliged to support each other
to the whole extent set forth in the preceding article:
1. The spouses;
2. Legitimate ascendants and descendants;
3. Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
4. Parents and their illegitimate children and the
legitimate and illegitimate children of the latter; and
5. Legitimate brothers and sisters, whether of full or
half-blood

Art. 196: Brothers and sisters not legitimately related,


whether of the full or half-blood, are likewise bound to
support each other to the full extent set forth in Article
194, except only when the need for support of the
brother or sister, being of age, is due to a cause
imputable to the claimant's fault or negligence.
Article 197: In case of legitimate ascendants;
descendants, whether legitimate or illegitimate; and
brothers and sisters, whether legitimately or
illegitimately related, only the separate property of the
person obliged to give support shall be answerable
provided that in case the obligor has no separate
property, the absolute community or the conjugal
partnership, if financially capable, shall advance the
support, which shall be deducted from the share of the
spouse obliged upon the liquidation of the absolute

Everything indispensable for sustenance, dwelling,


clothing, medical attendance, education, and
transportation (in keeping with the financial capacity of
the family)
Schooling or training shall be applicable even beyond
the age of majority
Transportation includes going to and from school and
place of work
Can be given even beyond the age of majority
Support is never final (no res judicata) can be changed

1.
2.
3.

Spouses
Legitimate ascendant and descendants
Parents and their legitimate children and their
illegitimate/legitimate grandchildren
4. Parents and their illegitimate children and their
illegitimate/legitimate grandchildren
5. Legitimate brothers and sisters whether whole or half
blood
6. Brothers and sisters not legitimately related are also
obliged to support unless if he/she is of age and is
due to claimants fault or negligence no support.
- A child inside a womb is already considered born thus entitled
to all benefits that accrue to him/her provided that the child is
born after.
They are no longer bound when the child is above the
age of majority or due to the negligence.

Support for legitimate ascendants, descendants


(legitimate or illegitimate), brothers and sisters (legitimate
or illegitimately related) shall be taken from separate
property
If no separate properties from ACP or CPG
(advancement).
But if it is the illegitimate children, insufficiency is enough
to make ACP liable and insufficiency plus payment of
charges to make CPG liable.

Art. 205: right to give or obtain


support shall not be levied upon on
attachment or execution.
- Cannot be made to satisfy any
judgment against the recipient.
Except: the excess beyond required
for legal support in a will or
contractual support shall be subject to
levy or execution. (Contractual
support is subject to adjustment
whenever modification is necessary)
*Adopted children only up to parents
for support. Others arent obliged to
support. (If the adopter dies or
abandons then the state takes over)
*Mandatory and essential cannot be
transmitted to a 3rd person nor can it
be waived.
(Prohibition against any compromise
of the right to future support)
*If relationship between one to be
supported and the one to support is in
issue, status of the parties should be
established first.

*IF the legitimate descendants are the


common children then ACP and CPG
shall be principally charged.
*Support cant be taken from the
childrens property unless there was
no need or demand from recipient. (If
this happens can forfeit bond made
by guardian parent over property-art.
225)

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community or of the conjugal partnership

Art. 198: During the proceedings for legal separation


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

Art. 199: Whenever two or more persons are obliged


to give support, the liability shall devolve upon the
following persons in the order herein provided:
1. The spouse;
2. The descendants in the nearest degree;
3. The ascendants in the nearest degree; and
4. The brothers and sisters.
Art. 200: When the obligation to give support falls
upon two or more persons, the payment of the same
shall be divided between them in proportion to the
resources of each.
However, in case of urgent need and by special
circumstances, the judge may order only one of them
to furnish the support provisionally, without prejudice to
his right to claim from the other obligors the share due
from them.
When two or more recipients at the same time claim
support from one and the same person legally obliged
to give it, should the latter not have sufficient means to
satisfy all claims, the order established in the
preceding article shall be followed, unless the
concurrent obligees should be the spouse and a child
subject to parental authority, in which case the child
shall be preferred.
Art. 201: The amount of support, in the cases referred

For spouses, generally from ACP or CPG absence of


then from fruits of ACP or CPG insufficiency or absence
of from the separate properties themselves.
Support pending litigation generally obtain from ACP or
CPG
In case of support between husband and wife where
validity of marriage is in issue, aggrieved cannot be given
support pendent elite by the other spouse (from his
separate property)
Legal separation or annulment: spouses shall be
supported by ACP or CPG.

*After declaration of nullity or


annulment no more obligation to
support
*In legal separation support ceases
unless guilty spouse is ordered to
support innocent.
*If wife is adulterous it can be a
defense in an action for support
against separate property of the
spouse but wife can still get support
from ACP or CPG.

The list is in order of priority of who should support


first. The others are not obliged to give support if those
higher on the list are present.

Art. 200:if the liability to support falls on 2 people it will be


divided between them in the proportion of their resources.
-But in case of urgency, the judge may order only one of them
to give and then just get reimbursed from the other after.
-When there are two or more people claiming for support and
the one obliged to give doesnt have enough, order will be
followed except when the one who needs support is a spouse
and a child in which case the child shall be preferred. (Wife is
preferred when it is an illegitimate child)

Support can be increased or decreased depending on

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Persons and Family Relations 2009 (Atty. Sta. Maria)

to in Articles 195 and 196, shall be in proportion to the


resources or means of the giver and to the necessities
of the recipient.
Art. 202: Support in the cases referred to in the
preceding article shall be reduced or increased
proportionately, according to the reduction or increase
of the necessities of the recipient and the resources or
means of the person obliged to furnish the same.
Art. 203: The obligation to give support shall be
demandable from the time the person who has a right
to receive the same needs it for maintenance, but it
shall not be paid except from the date of judicial or
extra-judicial demand.
Support pendente lite may be claimed in accordance
with the Rules of Court.
Payment shall be made within the first five days of
each corresponding month or when the recipient dies,
his heirs shall not be obliged to return what he has
received in advance.
Art. 204: The person obliged to give support shall
have the option to fulfill the obligation either by paying
the allowance fixed, or by receiving and maintaining in
the family dwelling the person who has a right to
receive support. The latter alternative cannot be
availed of in case there is a moral or legal obstacle
thereto.
Art. 205: The right to receive support under this Title
as well as any money or property obtained as such
support shall not be levied upon on attachment or
execution.
Art. 206: When, without the knowledge of the person
obliged to give support, it is given by a stranger, the
latter shall have a right to claim the same from the
former, unless it appears that he gave it without
intention of being reimbursed.
Art. 207. When the person obliged to support another
unjustly refuses or fails to give support when urgently

the needs of the recipient and the resources of the


person obliged to give it.
Judgment for support does not become final

Demanding support

Demandable from the time person who has the right to


receive it needs it (need for support is not presumed,
must be established).

No support given without judicial or extrajudicial


demand. (Made within the first 5 days of every month)

Demand is essential shows manifestation of needs.

How to provide support

Can be by giving the money or allowance

Or by allowing the person to stay in family dwelling


unless there is a legal or moral obstacle (usually
refers to illegitimate children who are generally not
allowed to get from ACP or CPG)

The right to receive support and the money or property


obtained as such support cannot be made to satisfy
any judgment against the recipient

Art. 206 Requisites:

There is a need to be supported and without


knowledge of person obliged to give support it is
given by another, he can reimburse unless he has no
intention of being reimbursed.

If person obliged to give support unjustly refuses a


third person can give it with right of reimbursement.
Art. 207 Requisites:

* However in case of contractual


support or that given by will, the
excess amount beyond that required
for legal support can be subject of
execution.
Quasi-contract: juridical relation which
arises from certain lawful, voluntary
and unilateral acts to the end that no
one shall be unjustly enriched or
benefited at the expense of another
(basis for reimbursement of one who
gives support)

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needed by the latter, any third person may furnish


support to the needy individual, with right of
reimbursement from the person obliged to give
support. This Article shall particularly apply when the
father or mother of a child under the age of majority
unjustly refuses to support or fails to give support to
the child when urgently needed.
Art. 208: In case of contractual support or that given
by will, the excess in amount beyond that required for
legal support shall be subject to levy on attachment or
execution

PARENTAL AUTHORITY
Art. 209: Pursuant to the natural right and duty of
parents over the person and property of their
unemancipated children, parental authority and
responsibility shall include the caring for and rearing
them for civic consciousness and efficiency and the
development of their moral, mental and physical
character and well-being.
Art. 210: Parental authority and responsibility may not
be renounced or transferred except in the cases
authorized by law.

Art. 211: The father and the mother shall jointly


exercise parental authority over the persons of their
common children. In case of disagreement, the
father's decision shall prevail, unless there is a judicial
order to the contrary.
Children shall always observe respect and reverence
towards their parents and are obliged to obey them as
long as the children are under parental authority.

1.

Urgent need to be supported on the part of the


recipient
2. The person obliged to support unjustly refuses or fails
to give support.
3. Third person furnishes the support to the needy
individual
*If all are present 3rd person shall have right to reimbursment.
This is different from legal support, which cannot be
levied upon; contractual support however is not
mandated by law.
The excess in amount of legal support shall be subject
to levy on attachment or execution.

Natural affection between the parents and the


offspring has always been recognized as an inherent
and natural right.
Parental authority involves a mass of rights and
obligations.
Parental authority and responsibility may not be
renounced or transferred except in the cases
authorized by law. Parental authority and responsibility
cannot be renounced or transferred

Except when provided by law


(Cases of adoption, guardianship and
surrender to a childrens home or
orphanage)
-When a parent gives authority to
another it merely temporary custody
not renunciation.

In case of disagreement the fathers decision shall


prevail unless there is a judicial order.

Children should observe respect and are obliged to


obey them as long as they are under their parental
authority

Applies to both legitimate and illegitimate


Requisites for it to apply to illegitimate:
1. Paternity is known or the father is certain.
2. Illegitimate is living with the father and mother who are
cohabiting without the benefit of marriage.
(If one of the requisites are missing only mother has parental
authority)

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 212: In case of absence or death of either parent,


the parent present shall continue exercising parental
authority. The remarriage of the surviving parent shall
not affect the parental authority over the children,
unless the court appoints another person to be the
guardian of the person or property of the children.
Art. 213: In case of separation of the parents, parental
authority shall be exercised by the parent designated
by the Court. The Court shall take into account all
relevant considerations, especially the choice of the
child over seven years of age, unless the parent
chosen is unfit.

*Fathers subsequent separation does not mean a renunciation.


Once parental authority is vested cannot be waived.

If a spouse dies, the other spouse still has parental


authority

Remarriage does not affect the parental authority of


the parent.

Lesbianism not a ground to deprive of custody.

Art. 214: In case of death, absence or unsuitability of


the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case
several survive, the one designated by the court,
taking into account the same consideration mentioned
in the preceding article, shall exercise the authority.
Art. 215: No descendant shall be compelled, in a
criminal case, to testify against his parents and
grandparents, except when such testimony is
indispensable in a crime against the descendant or by
one parent against the other.

SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY


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

*New spouse does not get parental


authority by the fact of marriage. New
spouse must adopt the children to
have parental authority.

In case of separation the court shall designate a


parent to have parental authority (taking into
consideration choice of those 7 and above)
No child below 7 shall be separated from mother
unless there is compelling reason not to do so.
(Age is considered from when the decision is made or
when custody is given)
Custody may also be given to 3rd persons if the
situation so warrants.
In case of death, absence or unsuitability of the
parents substitute parental authority shall be exercised
by the surviving grandparent.
In case several grandparents survive, the court will
decide.

*This does not mean that the other


parent has no more PA.
*Habeas corpus is proper remedy to
get custody of a child from the other
parent or 3rd persons.

No descendant shall be compelled in a criminal case


to testify against his parents or grandparents unless
the crime is against the descendant or by one parent
against the other.

*Not mandatory in nature so if the


child wants to he can do so
voluntarily.

Husband and wife during or after the marriage cannot


be examined without the consent of the other (marital
privilege). Except: in a civil case by one against the
other, in a criminal case by one against the other or to
the latters descendant or ascendant.

1st: parents exercise parental authority then a judicially


appointed guardian in default of such guardian:
1. Surviving grandparent
2. Oldest brother or sister over 21
3. Childs actual custodian over 21
* The list is merely a guideline, fitness, capabilities, etc

*They will have the rights and


responsibilities of a parent
enumerated in art. 220 onwards.
*Order is not mandatory: paramount
interest

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3. The child's actual custodian, over twenty-one years of


age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over
the property of the child becomes necessary, the same
order of preference shall be observed.
Art. 217: In case of foundlings, abandoned neglected or
abused children and other children similarly situated,
parental authority shall be entrusted in summary judicial
proceedings to heads of children's homes, orphanages
and similar institutions duly accredited by the proper
government agency.

Art. 218: The school, its administrators and teachers, or


the individual, entity or institution engaged in child are
shall have special parental authority and responsibility
over the minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all authorized
activities whether inside or outside the premises of the
school, entity or institution.
Art. 219: Those given the authority and responsibility
under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or
omissions of the unemancipated minor. The parents,
judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily
liable.

must still be considered.

In case of no family members (foundling, abandoned,


neglected or abused children and other children similarly
situated)
Parental authority shall be entrusted in summary
judicial proceedings to heads of childrens homes,
orphanages, etc.
Transfer of parental authority:
1. Involuntary: by DSWS who files with court to have
custody over the child.
2. Voluntary: parent or child commits to the DSWS
(surrendered in writing by parents, if only 1 and the
other is dead or abandoned for at least 1 year 1
parent authorization is enough)

School, administrators, teachers, individuals or


entities engaged in child care shall have special
parental authority and responsibility over the minor
child while under their supervision, instruction,
custody. (This authority applies to authorized
activities inside or outside the premises)

Those given special authority shall be principally and


solidariliy liable (civil liability) for damages caused by
the acts or omissions of the minor. (Must be teacher
in charge etc).

Parents or those who have substitute parental


authority shall be subsidiarily liable (if persons with
special authority cannot cover the liability)

Under the civil code, article 2180, teachers etc can


still be held liable when children are not anymore
minors subject to the defense of proper diligence.

Except: no liability by those with


special parental authority if it can be
proven that such person exercised
the proper diligence in the
circumstances. Parents cant use
diligence as a defense (imputed
liability flows from filial relation).
*Can be an academic or nonacademic school.

The respective liabilities of those referred to in the


preceding paragraph shall not apply if it is proved that
they exercised the proper diligence required under the
particular circumstances.
All other cases not covered by this and the preceding

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articles shall be governed by the provisions of the Civil


Code on quasi-delicts.
EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN
Art. 220: The parents and those exercising parental
Rights and duties of parents:
authority shall have with the respect to their
1. Support, educate and instruct them, provide for their
unemancipated children on wards the following rights
upbringing in keeping with their means.
and duties:
2. Love and affection, advice, counseling,
1. To keep them in their company, to support, educate
companionship, and understanding
and instruct them by right precept and good example,
3. Moral and spiritual guidance
and to provide for their upbringing in keeping with their
4. Physical and mental health
means;
5. Good and wholesome educational materials and
2. To give them love and affection, advice and counsel,
prevent them from bad company
companionship and understanding;
6. Represent them in all matters affecting their interest.
3. To provide them with moral and spiritual guidance,
7. Demand respect and obedience
inculcate in them honesty, integrity, self-discipline, self8. Impose discipline
reliance, industry and thrift, stimulate their interest in
9. Others imposed by law
civic affairs, and inspire in them compliance with the
Disciplinary Actions: parents may inflict a reasonable measure
duties of citizenship;
of corporal punishment.
4. To furnish them with good and wholesome educational (Read Child and Youth Welfare Code Rights of the child)
materials, supervise their activities, recreation and
association with others, protect them from bad company,
and prevent them from acquiring habits detrimental to
their health, studies and morals;
5. To represent them in all matters affecting their
interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required
under the circumstances; and
8. To perform such other duties as are imposed by law
upon parents and guardians.
Art. 221: Parents and other persons exercising parental

Parents are primarily liable (civilly) for injuries and


authority shall be civilly liable for the injuries and
damages caused by the acts and omissions of their
damages caused by the acts or omissions of their
unemancipated children living in their company and
unemancipated children living in their company and
under their parental authority.
under their parental authority subject to the appropriate
defenses provided by law.
Art. 222: The courts may appoint a guardian of the

Court may appoint a guardian for purposes of the


child's property or a guardian ad litem when the best
lawsuit when the best interest of the child requires it.
interests of the child so requires.
GUARDIANSHIP: trust relation of the most sacred character.
Art. 223: The parents or, in their absence or incapacity,

Person who has parental authority may seek the


the individual, entity or institution exercising parental
assistance of the court to discipline the child and with

*Cases in the US would show that


support can be withheld from the
child as a disciplinary sanction if the
child refuses to obey the father. (But
mere disagreements or delinquent
behavior does not generally
terminate support). ROE V. DOE.

Exception: if parents can show that


they exercised the diligence of a
good father, then no liability.

Art. 224: The measures referred to


in the preceding article may include

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authority, may petition the proper court of the place


a counsel shall undergo a summary hearing.
where the child resides, for an order providing for

If the court finds that it is the petitioner at fault, the


disciplinary measures over the child. The child shall be
court may suspend or deprive him of parental
entitled to the assistance of counsel, either of his choice
authority.
or appointed by the court, and a summary hearing shall

During the commitment of the child the parent cannot


be conducted wherein the petitioner and the child shall
interfere with the care of the child but will provide
be heard.
support.
However, if in the same proceeding the court finds the

The court may terminate the commitment of the child


petitioner at fault, irrespective of the merits of the
whenever just and proper.
petition, or when the circumstances so warrant, the court
may also order the deprivation or suspension of parental
authority or adopt such other measures as it may deem
just and proper.
EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN
Art. 225. The father and the mother shall jointly exercise

No need for a judicial court to appoint parents as


legal guardianship over the property of the unemancipated
guardians. It is presumed that the parents act for
common child without the necessity of a court appointment.
the best interest of the child.
In case of disagreement, the father's decision shall prevail,
Prohibition (cases where a parent cannot be the
unless there is a judicial order to the contrary.
administrator of the property):
1. When a parent is disinherited and his/her child
Where the market value of the property or the annual
inherits from the childs grandparents his share of
income of the child exceeds P50,000, the parent concerned
the compulsory inheritance, the parent cannot
shall be required to furnish a bond in such amount as the
administer such property. The parent however can
court may determine, but not less than ten per centum
administer whatever is given to the child by way of
(10%) of the value of the property or annual income, to
voluntary will.
guarantee the performance of the obligations prescribed for
2. When the parent is unfit to administer the property
general guardians.
and thus a guardian is needed.
Parents authority over the estate of the ward as a
A verified petition for approval of the bond shall be filed in
legal-guardian would not extend to acts of
the proper court of the place where the child resides, or, if
encumbrance or disposition, as distinguished from
the child resides in a foreign country, in the proper court of
acts of management or administration.
the place where the property or any part thereof is situated.
1. if the market value of total property or income of child is
more than P50k, the parent has to give a bond not less
The petition shall be docketed as a summary special
than 10% of value of property to guarantee performance of
proceeding in which all incidents and issues regarding the
the obligations prescribed for general guardians. (to be
performance of the obligations referred to in the second
sure that guardians dont abuse their authority and do what
paragraph of this Article shall be heard and resolved.
they are required to do)
2. rules on guardianship apply supplementary to parents,
The ordinary rules on guardianship shall be merely
but if child is under substitute parental authority or guardian
suppletory except when the child is under substitute parental is a stranger then rules on guardianship apply.
authority, or the guardian is a stranger, or a parent has
*parents authority over the estate does not include

the commitment of the child for not


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

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Persons and Family Relations 2009 (Atty. Sta. Maria)

remarried, in which case the ordinary rules on guardianship


shall apply.
Art. 226. The property of the unemancipated child earned or
acquired with his work or industry or by onerous or
gratuitous title shall belong to the child in ownership and
shall be devoted exclusively to the latter's support and
education, unless the title or transfer provides otherwise.
The right of the parents over the fruits and income of the
child's property shall be limited primarily to the child's
support and secondarily to the collective daily needs of the
family.
Art. 227: If the parents entrust the management or
administration of any of their properties to an
unemancipated child, the net proceeds of such property
shall belong to the owner. The child shall be given a
reasonable monthly allowance in an amount not less than
that which the owner would have paid if the administrator
were a stranger, unless the owner, grants the entire
proceeds to the child. In any case, the proceeds thus give in
whole or in part shall not be charged to the child's legitime.

alienation or encumbrance, or compromise or waiver


(void). authority is needed from court.

Childs salary still for his/her exclusively used for


benefit of child but child also has obligation to
support ascendants thus salary can be used.

Parents cannot use property for personal use.


-the child shall own exclusively whatever he earns or by
onerous or gratuitous title.
-the fruits of such can only be used by the parents for the
support of the child and secondarily for the support of the
family.

Parents who engage their unemancipated child to


take care of their properties are to give their child
a monthly allowance taken from the gross
proceeds of the property for the month. Such will
not be charged to the childs legitime.

The net proceeds or the balance left after the


payment of the allowance and expenses will go to
the parents

SUSPENSION OR TERMINATION OF PARENTAL AUTHORITY


Art. 228: Parental authority terminates permanently:
1. Upon the death of the parents;
2. Upon the death of the child; or
3. Upon emancipation of the child.
Art. 229: Unless subsequently revived by a final judgment,
parental authority also terminates:
1. Upon adoption of the child;
2. Upon appointment of a general guardian;
3. Upon judicial declaration of abandonment of the child in a
case filed for the purpose;
4. Upon final judgment of a competent court divesting the
party concerned of parental authority; or
5. Upon judicial declaration of absence or incapacity of the
person exercising parental authority.
Art. 230: Parental authority is suspended upon conviction of
the parent or the person exercising the same of a crime
which carries with it the penalty of civil interdiction. The
authority is automatically reinstated upon service of the
penalty or upon pardon or amnesty of the offender.

The court upon the death of the parents can


appoint a guardian on petition of a relative, family
friend, or DSWD.

These situations extinguishes parental authority


Grounds for termination:
1. Adoption all legal ties are severed an are vested
on the adopter.
2. appointment of guardian
3. abandonment of child (upon judicial declaration in
a case filed for the purpose)
4. final judgment from court depriving parental
authority
5. judicial declaration of absence or incapacity of
person
- parental authority is suspended upon conviction of the
parent of a crime that has civil interdiction (loss of rights of
parental authority, guardianship to person and property of
ward, marital authority, right to manage his property and
right to dispose of such.

*parental authority cannot be revived


in these cases.

*for the reinstatement of parental


authority judicial declaration is
needed for reinstatement of parental
authority.

*parental authority is automatically


reinstated upon service of sentence
or pardon.

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 231: The court in an action filed for the purpose in a


related case may also suspend parental authority if the
parent or the person exercising the same:
1.Treats the child with excessive harshness or cruelty
2. Gives the child corrupting orders, counsel or example;
3. Compels the child to beg; or
4. Subjects the child or allows him to be subjected to acts of
lasciviousness.
The grounds enumerated above are deemed to include
cases, which have resulted from culpable negligence of the
parent or the person exercising parental authority.
If the degree of seriousness so warrants, or the welfare of
the child so demands, the court shall deprive the guilty party
of parental authority or adopt such other measures as may
be proper under the circumstances.
The suspension or deprivation may be revoked and the
parental authority revived in a case filed for the purpose or
in the same proceeding if the court finds that the cause
therefor has ceased and will not be repeated.
Art. 232: If the person exercising parental authority has
subjected the child or allowed him to be subjected to sexual
abuse, such person shall be permanently deprived by the
court of such authority.

Art. 233: The person exercising substitute parental authority


shall have the same authority over the person of the child as
the parents.
In no case shall the school administrator, teacher of
individual engaged in child care exercising special parental
authority inflict corporal punishment upon the child.

Suspension of parental authority (can be from a case


related, offshoot of another case. Does not have to be case
filed for the purpose)
1. treats the child with excessive harshness or
cruelty
2. gives child corrupting orders, example or counsel
3. Compels the child to beg
4. Subjects or allows him to be subject to acts of
lasciviousness (not actual sexual act, force or
intimidation with lewd design)
* This may include cases where the parent was negligent
or didnt do anything about the situation.

If the person exercising parental authority has


subjected the child or allowed him to be subjected
(culpable negligence of a parent) to sexual abuse
parental authority will be permanently
deprived
Under RPC: any person entrusted with parental authority
of a child under 16 years of age to deliver, gratuitously or in
consideration of a price, such child to vagrant or beggar,
employs children in exhibitions (circus, carnival, etc.)
Corporal punishment of those with special parental
authority:
those exercising substitute parental authority will
have all the same rights and authorities over the
child (can inflict corporal punishment)
those with special parental authority cannot inflict
corporal punishment on the child. (schools can
impose certain measures of disciplinary action but
cannot inflict any physical punishment)

*if the degree or seriousness so


warrants parent may be deprived of
authority.
*Parental authority may be revived in
a case filed for its purpose or in the
same proceeding if the court finds
that the cause has ceased.

*parental authority cannot be revived


for sexual abuse.
*RPC: parental authority can be
deprived or suspended up to the
discretion of the courts.

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Criminal liability of parents:


1. conceals or abandons the child with intent to make him/her loose his civil status
2. abandons child depriving him of the love, care, and protection he needs
3. sells or abandons child for a valuable consideration
4. neglects the child by not giving him the education which the family can afford
5. fails or refuses without justifiable reason to enroll child
6. causes, abates, or permits truancy of the child. (absence without cause for more than 20 days, not necessarily consecutive)
7. exploits child by using him for begging, etc.
8. inflicts cruel and unusual punishment
9. encourages or causes child to lead an immoral or dissolute life
10. permits child to use or carry dangerous weapons
11. allows or requires child to drive without a license.
EMANCIPATION
Art. 234: Emancipation takes place by the
attainment of majority. Unless otherwise provided,
majority commences at the age of eighteen.
Art. 236: Emancipation for any cases shall
terminate parental authority over the person and
property of the child who shall then be qualified and
responsible for all acts of civil of life, save the
exceptions established by existing laws in special
cases.
Contracting marriage shall require parental consent
until the age of 21.
Nothing in this code shall be construed to derogate
from the duty or responsibility of parents and
guardians for children and wards below twenty-one
years of age mentioned in the second and third
paragraphs of Article 2180 of the civil code.

Emancipation is attained upon reaching 18 years of age.


Marriage is no longer a ground for emancipation since now
one can only contract a marriage when they marry.

Parental consent is more in keeping with Filipino culture and


tradition.
Once emancipated he/she can sue or be sued alone, and is
responsible and qualified for all acts of civil life
Parents liability:
The father and in case of death or incapacity the mother are
responsible for the damages caused by the children between
18 and 21 who live in their company.
Parents are also subsidiary liable for the acts or omission of
their emancipated child living in their custody,
Guardians liability:
Guardians are liable for damages if the person is under their
authority and live in their company.
-

*Illegitimate children: liability is


with the mother; the father is only
relied upon for support.

Summary proceedings:
claims for damages by either spouse must be done in a separate action.
Preliminary conference: done by judge with the parties w/o counsel. But if the court deems it necessary, they can be assisted by counsel after.
Decisions become final and executory immediately (no more lapse of 15 days etc) however aggrieved party can still appeal to higher courts on the basis
of denial of due process.
Family courts:
shall establish family courts in every province and city. If the city is the capital of the province then in the municipality with the highest number of people.
Jurisdiction over:
1. criminal cases of those 9-18 years of age (but all cases concerning determination of age still with family courts)

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2. petitions for guardianship, custody, habeas corpus


3. adoption and revocation thereof
4. annulment, nullity, relating to marital status, property relations, dissolution of CPG
5. support and acknowledgment
6. summary judicial proceedings
7. declaration of status of children, commitment of children, suspension termination or restoration of parental authority.
8. Constitution of family home
9. Cases against minors (dangerous drugs act)
10. Violations of 7610
11. Violations against VAWC (unless becomes criminal in which case offender will be subject to criminal proceedings)
*if any become an incident to a case pending in the regular courts it shall be decided there.
Funerals:
same arrangement established for support (spouses, descendants then ascendants in the nearest degree, brothers and sisters above 21)

Brothers and sisters or descendants oldest are preferred, ascendants paternal is preferred.
In keeping with the social position of the deceased, and in accordance to the expressed wishes of the deceased, in the absence religious beliefs, in case
of doubt shall be decided upon by the person making the arrangements after consultation with the family.
Human remains cant be disposed or exhumed without the consent of the persons in arrangement.
A person who allows disrespect to the dead will be liable to the family for moral and material damages.
Mausoleum or a tomb is part of funeral expenses, which shall be chargeable to the property regime if the spouse is making arrangements.
USE OF SURNAMES
Art. 364: Legitimate and legitimated children shall
principally use the surname of the father.
Art. 365: An adopted child shall bear the surname of
the adopter.

Art. 366: A natural child acknowledged by both parents


shall principally use the surname of the father. If
recognized by only one of the parents, a natural child
shall employ the surname of the recognizing parent.
Art. 367: Natural children by legal fiction shall
principally employ the surname of the father.
Art. 368: Illegitimate children referred to in Article 287
shall bear the surname of the mother.

Legitimate, legitimated children use surname of their


dad
Adopted children are considered the legitimate child
of the adopter for all intents and purposes and thus is
entitled to all the rights and obligations provided by
law.
Adopted children bear the name of their adopter.
Art. 176: illegitimate children shall use the surname of the
mother and shall be under their parental control.
Art. 176 however does not apply if the father of the
illegitimate child is certain as when the said father
categorically admits that the illegitimate common
child is his and at the same time such father lives with
the illegitimate child and the mother.
-

Illegitimate children shall principally use the name of


the mother

Exception: father is certain or


recognizes illegitimate child and the
father lives with the illegitimate child
and mother. Then can use fathers

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surname
Art. 369: Children conceived before the decree
annulling a voidable marriage shall principally use the
surname of the father.
Art. 370: A married woman may use:
1. Her maiden first name and surname and add her
husband's surname, or
2. Her maiden first name and her husband's surname or
3. Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."
Art. 371: In case of annulment of marriage, and the
wife is the guilty party, she shall resume her maiden
name and surname. If she is the innocent spouse, she
may resume her maiden name and surname. However,
she may choose to continue employing her former
husband's surname, unless:
1. The court decrees otherwise, or
2. She or the former husband is married again to
another person.

Children conceived before the decree annulling a


voidable marriage shall use surname of father.
Decree of annulment is final 15 days after it is made
thus even if the child was born during that 15 day
period the child will still be legitimate.
Married woman may use:
1. Her own name
2. maiden first name, surname and husbands surname
3. maiden name and her husbands surname
4. husbands full name plus Mrs.
* Option is give to the woman.
-

In case of annulment:
1.

wife is guilty: shall resume her maiden name


2. innocent: resume her maiden name or continue using
her husbands name unless the court decrees
otherwise or if either of them remarries.
In case of legal separation: wife will continue to use the
name she used prior to separation
Widow: may continue to use deceased husbands surname

Art. 372: When legal separation has been granted, the


wife shall continue using her name and surname
employed before the legal separation.
Art. 373: A widow may use the deceased husband's
surname as though he were still living, in accordance
with Article 370.
Art. 374: In case of identity of names and surnames,
the younger person shall be obliged to use such
additional name or surname as will avoid confusion.
Art. 375: In case of identity of names and surnames
between ascendants and descendants, the word
"Junior" can be used only by a son. Grandsons and
other direct male descendants shall either:
1. Add a middle name or the mother's surname, or
2. Add the Roman Numerals II, III, and so on.

If there are similar names, the younger will be obliged


to use additional names
If between ascendants and descendants the word
junior can only be used by a son.

Grandsons and direct male


descendants will use:
1. add middle name or mothers
surname
add roman numerals

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Art. 376: No person can change his name or surname


without judicial authority.

No change in name or surname without judicial


authority
Reasons for change in surname:
1. ridiculous name
2. change of civil status
3. to avoid confusion
*laws do not permit a legitimate child of another to adopt the
surname of another person even if that person is exercising
parental authority. But if it is an illegitimate child, change of
surname is permitted
change of name does not alter family relations, rights
or duties, legal capacity, civil status or citizenship.

Art. 377: Usurpation of a name and surname may be


the subject of an action for damages and other relief.
Art. 378: The unauthorized or unlawful use of another
person's surname gives a right of action to the latter.

Art. 379: The employment of pen names or stage


names is permitted, provided it is done in good faith
and there is no injury to third persons. Pen names and
stage names cannot be usurped.

The usurpation or use of a name and surname


without authority could result in a claim for damages
Unauthorized or unlawful use of anothers name also
gives right for an action to the latter.
Pen names and stage names permitted as long as
done in good faith and no one gets injured.

Exception: if it is for merely changing


clerical or typographical error no need
for judicial authority (must not involve
a change in nationality, age, status, or
sex)
Change in nickname:
1. ridiculous, tainted with
dishonor, difficult to
pronounce
2. habitually used and known
by other people as that
3. change will avoid confusion.
*usurpation means some injury to the
interests of the person (possibility of
confusion of identity etc)
*stage names cannot be usurped as
the people have vested rights in them
as well.

Art. 380: Except as provided in the preceding article, no


person shall use different names and surnames.
Absence:
at the instance of an interested party the judge may appoint a person to represent him
judge shall take necessary measures to safeguard rights and interests of absentee (specify powers, regulations etc.) spouse is preferred if no legal
separation.
Declaration of absence
2 yrs if no news about the absentee
5 yrs if absentee left someone in charge
Who may seek declaration
spouse present
*judicial declaration shall not take effect until 6
of absence
months after its publication.
heirs instituted in a will
relatives who may succeed by the law of intestacy (legitimate,
illegitimate relatives, collateral relatives)
those who have right to the property subordinated to the
condition of his death
Some of its effects
cause for involuntary judicial separation
*spouse cant alienate/encumber property without

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Termination of
administration
Presumption of death
through absence
Presumption of death in
dangerous situations

basis for termination of property regime


transfer of exclusive properties to the present spouse
termination of parental authority
when absentee appears of his agent
death of the absentee is proved and his heirs appear
3rd person appears with a right over the property
7 years for intents and purposes except succession
10 yrs for purposes of opening succession
if disappeared after the age of 75, 5 years enough
on board a lost vessel during sea voyage, airplane that is
missing and has not been heard of in 4 years since loss. (if there
is a wreckage and person is missing, not 4 years)
Person in the armed forces engaged in war and is missing for 4
years
Person in danger of death and existence has not been known for
4 years.

judicial authority.

*if the absentee appears or his existence is proven


he shall recover all his property in the condition they
are in but cannot claim the fruits or rents.
*if the absentee is the heir, his share shall accrue to
his co-heirs, unless hi has heirs or a representative.
(right of representation). If absentee reappears he
has claim to get what was supposed to be his from
those that got it within the prescriptive period.

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ADDITIONAL NOTES AND REVIEW AIDS:


Adoption: Right to create relationship of parent and child between persons who are not related exists only by virtue of statute.
Domestic adoption
Policy of the state to ensure that child is provided with love, care and remains with parents and only when the child cant be placed with extended family
shall adoption by unrelated person be considered.
In accordance with tenets of:
1. UN Convention on Rights of a Child
2. UN Declaration of Social and Legal Principles Relating to the Protection and Welfare of Children
3. Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption.
State Policy:
1. Safeguard biological parents from making hurried decisions. (Counseling, no commitment to a potential adopter before birth, etc.)
2. Prevent child from unnecessary separation from parents
3. Protect adoptive parents from disturbance of their parental authority over adopted.
4. Promote sensitive environment for adoption through campaigns and public information
5. Government has sufficient capacity to provide for adoption properly.
6. Encourage domestic adoption and make inter-country adoption a last resort.
Being a statutory creation, all requirements must be met with if not, no rights may flow from this.
Pre-Adoption Services: Counseling for natural parents, adopter, and adoptee.
Eligibility:
1. Filipino citizen of legal age with full civil capacity and legal rights.
a. Not convicted of a crime involving moral turpitude
b. Emotionally/Psychologically capable of caring for children
c. At least 16 years older then the adoptee (unless adopter is the biological parent or spouse of the biological parent)
d. In a position to support and care for
2. Aliens with same qualifications plus
a. Country has diplomatic relations with Philippines
b. Living in the Philippines for at least 3 continuous years
i. Residency requirement is waived if the adopter was:
1. Former Filipino citizen who seeks to adopt a relative with in the 4th degree of consanguinity or affinity
2. Seeks to adopt legitimate child of Filipino spouse
3. One who is married to a Filipino and seeks to adopt jointly with her a relative within the 4th degree of consanguinity or affinity of
Filipino spouse.
c. Foreign country will allow the adoptee to enter such country
d. Certified to be legally capacitated to adopt
3. Guardian with respect to ward (after clearance of finances
Husband and wife shall jointly adopt except:
1. One spouse seeks to adopt legitimate child of other
2. One spouse adopts his/her own illegitimate child provided other spouse signifies consent to this

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3. Spouses are legally separated


Who may be adopted:
1. Below 18, judicially/administratively declared available for adoption
2. Legitimate child of one spouse by the other
3. Illegitimate child by qualified adopter to improve status
4. A person of legal age of when younger was treated as adopters child since minority
5. A childe whose adoption has been previously rescinded
6. Child where parents have died (no proceeding until after 6 months from time of death)
Consent needed: To make sure everyone knows and accepts the adoption
1. The adoptee if 10 years and over
2. Who ever has legal custody of the child (parent, guardian, govt.)
3. Legitimate and adopted children of adoptee (10 years and above)
4. Illegitimate children if living with adopter (10 years or over)
5. Spouse of adopter
No consent can be given prior to birth of child. 6-month period to revoke consent by parent after decision has been made. After that consent is binding.
Procedure:
1. Court needs proof that there wasnt a hurried decision.
2. Social worker should make case study of adopter and adoptee prior to any hearing for adoption
3. Before adoption decree becomes final there is 6 month custody period
Only a direct attack in cases of adoption, cant be collaterally attacked
Decree becomes effective as of the date petition was filed

Retroacts except when it comes to vicarious liability


Hearing in adoption cases will be considered confidential and not open to public.
Effects of Adoption:
1. Parental authority all legal ties between biological parent and adoptee severed (unless biological is the one adopting)
2. Legitimacy for all intents and purposes adoptee is considered legitimate child
a. Relationship established is only between parent and child, does not extend to other relatives unless expressly provided by law
3. Succession - adopter and adoptee become legitimate/ legal heirs of one another (entitled to legitime), biological parents wont get anything.
No right of representation (Meaning if adopter dies, adoptee cant get from parents of adopter)
Does not inherit form the other relatives, etc.
However if something is left by will the adoptee/biological parent can inherit (from the free portion)
Rescission of adoption: by adoptee or guardian:
1. Repeated physical or verbal maltreatment
2. Attempt on the life of the adoptee
3. Sexual assault or violence
4. Abandonment and failure to comply with parental obligations
Adopter cannot rescind adoption (can only disinherit)
If adoption is rescinded then parental authority of biological parents or Department of Social Welfare will be restored if adoptee is still a minor. But adopter
and adoptee relationship extinguished.
Inter-country Adoption:

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Socio-legal process of adopting a Filipino Child by a foreign national or Filipino Citizen residing abroad where petition for adoption is filed
Inter-country adoption board: act as central authority for all matters relating to inter-country adoption
Board shall ensure that adoption in family code has been exhausted and inter-country adoption is in the best interest of the child.
The board upon recommendation of the placement committee shall only approve matching of a child to a foreign adoptive family.
Functions of Board:
1. Rules and regulations
2. Guidelines for the convening of inter-country adoption placement committee
3. Guidelines for Matching/Collection
4. Fees and Charges to be executed
5. Form and Contents of application
6. Formulate policies etc to protect children
7. Prevent improper financial gain
8. Promote development of adoption service
9. Accredit/authorize foreign adoption agency
10. Ensure confidentiality of records
11. Prepare/Modify agreements
12. Assist other agencies
13. Others
Who may be adopted: Only a legally free child (voluntarily or involuntarily committed)
Who may adopt: Any alien or Filipino citizen residing abroad provided:
1. At least 27 years old and 16 years older then the adopted unless adopter is biological parent. If married, they must jointly file adoption.
2. Has capacity to act and assume rights and responsibilities of a parent under his national laws. Also has undergone counseling form an accredited
counselor in his/her country
3. Not been convicted of a crime involving moral turpitude
4. Eligible to adopt under his nationality laws
5. Able to give proper care and support
6. Agrees to uphold basic rights of child
7. Comes from a country that the Philippines has diplomatic ties with. (Philippine maintains authorized and accredited agency, adoption is allowed under his
or her laws)
To be filed with the RTC or the board through an agency.
Matching: Judicious pairing of the applicant and the child to promote a mentally satisfying parent-child relationship.
No matching arrangement between applicant and parents before the committees proposal unless it is relative or it is for the childs best interest.
Applicant must fetch child within 30 days after notice of issuance of visa.
Trial custody: 6 months with submission of progress reports before adoption decree becomes final.
If pre-adoptive relationship is unsatisfactory, it will be terminated and Board may choose from roster of applicants a qualified family, absence the foreign
agency may propose.
Executive Agreement: DFA upon representation of the Board shall cause the preparation of Executive Agreements with countries of the foreign adoption
agencies.
Illegal Adoption (presumed):
1. Consent for adoption acquired through or attended by force, coercion, etc.
2. No authority from board

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3.
4.
-

Procedures and safeguards not complied with


Child exposed to danger, abuse and exploitation
Attempt to commit offense punishable
Acts punishable above considered child trafficking

RA 7610: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
State shall intervene when person who is supposed to protect a child cannot or if those acts are being committed by the parent against the child.
Children 18 years or below or those above 18 but are unable to protect themselves from exploitation/discrimination due to physical or mental disability.
Child Abuse: habitual or non-habitual maltreatment
1. Psychological or physical abuse (neglect, cruelty emotional maltreatment, sexual abuse)
2. Acts by deeds or words, which degrades or demeans intrinsic worth or human dignity of child.
3. Unreasonable deprivation of basic needs
4. Failure to give immediate medical treatment when needed.
Circumstances, which gravely threaten or endanger survival and normal development:
1. Living in an area affected by armed conflict
2. Working under conditions hazardous to life, safety, morals
3. Living or fending for themselves without the care of anyone
4. Living in an area lacking basic services (indigenous cultural community, extreme poverty, underdeveloped area)
5. Victim of calamity
6. Analogous situations.
Child prostitution and other sexual acts/abuse: For any consideration or through coercion or influence indulge in sexual acts.
Attempt to commit: Any person who is in a secluded area with a child and such person is not a relative.
Child trafficking: trading, dealing, buying, and selling of children
Attempt to commit: Child travels alone to foreign country without reason or clearance form DSWS, pregnant women consents to adoption
for a consideration, establishment which recruits women to bear children. Person engaged in finding children from low-income families.
Obscene publications and indecent shows: perform obscene exhibitions in shows, video or model and sells/distributes this.
Other acts of abuse: use coercion, force or intimidation to make a child beg, traffic drugs, or conduct other illegal activities
Establishments where these acts are done will be closed and their license to operate will be canceled.
Working Children: below 15 years of age can work provided:
1. Work permit from DOLE
2. Employer shall ensure protection, health, safety, morals
3. Prevent exploitation or discrimination
4. Continuous training of child
Cant employ child in commercials for alcohol, tobacco, violence
Children of Indigenous Cultural Communities:
Institute an alternative education for children which is culture specific and relevant to their needs
Delivery of basic social services.
Situations of Armed Conflict:
Policy of state to resolve such for best interest of children
1. Shall not be object of attack; entitled to special respect
2. Not recruited in army

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3. Delivery of basic social services


4. Public infrastructures (schools, hospitals) not to be used
5. Facilitate reunion of families
Children arrested for reasons of armed conflict:
1. Separate detention cells from adults unless they are family.
2. Immediate free legal assistance
3. Immediate notice to parents
4. Release within 24 hours to DSWD or other
Who may file: offended parents/ guardians, ascendants, relative within the 3rd degree of consanguinity social worker of DSWS or other,
Barangay chairman, 3 citizens of the place where it occurred.

Article 86: Donor may revoke donation


by reason of marriage in the following
cases

5.

Marriage is not celebrated or is void ab initio (including


art. 52-53)
Prescription:
marriage is void: 5 years from Judicial Declaration of
Nullity (if doesnt want to give it back, prescribe after 8
years for movable, 30 years for immovable)
marriage not celebrated: 5 years from when it was not
celebrated
6. Marriage takes place without consent of parents
Prescription:
- 5 years from the time he had knowledge that consent was not
obtained, after the marriage.
7. Upon legal separation when donee is the guilty spouse
Prescription:
- 5 years from finality of decree.
8. When there is a resolutory cause and the condition has
been complied with
Prescription:
5 years from the happening of the resolutory condition.
6. Acts of ingratitude:
- donee commits an offense against the person or property of the
donor, his wife, or children
- donee imputes to the donor any criminal offense involving moral
turpitude unless it against the donee
- donee unduly refuses to support donor when he is legally or

Exception: If the donation is in the marriage


settlement it will be revoked by operation of
law.
Exception: If the marriage is void due to
Article 40, or Article 44, then automatically
revoked

Exception: if the ground for legal separation is


infidelity in the form of adultery or concubinage
it will be automatically void.
Exception: between husband and wife
prescription does not run.

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Article 87

morally bound to give support.


Prescription:
- 1 year from the time the donor had knowledge of the fact of
ingratitude
-husband and wife cant donate to each other
-also those who cohabitate with each other

Exception: can give moderate gifts.

Revoked by operation of law:


1. Article 43: Donations made in subsequent marriages without judicial declaration of nullity or in case of reappearance if the donee acted with bad faith.
2. Article 44: When both spouses acted with bad faith then all donations and testamentary dispositions shall be revoked.
3. Article 64: (Legal separation) the offending spouse will be disqualified from inheriting from innocent spouse in intestate succession, provisions in favor of
the offending spouse in the will of the innocent spouse shall be revoked by operation of law.
4. Article 81: Donations and other stipulations made in the marriage settlement by reason of marriage shall be revoked by operation of law is marriage is
not celebrated
5. Article 87: Donations between husband and wife (direct or indirect), or those who cohabit = void
a. Even if made by both spouses for a purpose other than vocational or professional.
6. Donations given to one by another when they have committed adultery or concubinage is void and revoked by operation of law.
CHILDREN:
Rights under title 12 of civil code
1. entitled to parental care
2. receive at least elementary education
3. moral and civic training
4. live in an atmosphere conducive to his physical, moral and intellectual development
duties of the child
1. obey and honor his parents or guardian
2. respect his grandparents, old relatives and those with substitute parental authority.
3. Exert his utmost for his education and training.
4. Cooperate with the family
Legitimate
Those conceived in the 15-day period prior to the finality of the decree of
annulment.
Conceived or born before a voidable marriage is terminated
Children conceived or born in a void marriage pursuant to article 40, 52,
and 53
Children conceived or born in a void marriage because of psychological
incapacity
*but if child was conceived and born prior to the marriage, marriage does

Illegitimate
Children born in a valid marriage but is impugned by the father
Children conceived or born in a void marriage
Cannot be legitimated: when from an adulterous relationship
or bigamous marriage.

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not make child legitimate


Children conceived and born prior to the marriage if there are no legal
impediments at that time then the subsequent marriage will make them
legitimate.
Exception to when parents cannot administer property:
1. children and descendants of he person disinherited shall take his place and shall preserve rights of compulsory heirs with respect to legitime.
i. Article. 919: following shall be sufficient causes for disinheritance of children, descendants
1. Child or descendant has been found guilty of an attempt against the life of the testator his or her spouse, descendants or
ascendants.
2. When the child, descendant has accused the testator of a crime, which the law prescribes imprisonment for 6 years or more, if
it is found to be groundless.
3. When a child or d has been convicted with adultery or concubinage with the spouse of the testator.
4. When a child or d by fraud, violence, intimidation, or undue influence causes the testator to make a will or change one he has
already made.
5. A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant
6. Maltreatment of the testator by word or deed by the child or d
7. Child or descendant leads a dishonorable or disgraceful life
8. Conviction of a crime with civil interdiction
ii. Article 920: following shall be sufficient causes for disinheritance of parents or ascendants, whether legitimate or illegitimate
1. When parents have abandoned their children, induced their daughters to live corrupt or immoral life, or attempted against their
virtue
2. Parent or ascendant has been convicted of an attempt against the life of the testator his or her spouse, descendants or
ascendants.
3. Accused testator of a crime
4. Parent or ascendant convicted of concubinage with spouse of testator
5. Parent or ascendant by fraud, violence, undue influence causes new will or change will
6. Loss of parental authority
7. Refusal to support children or descendants without justifiable cause.
8. Attempt of one of the parents against the life of the other, unless there has been reconciliation
iii. Article 921: disinheriting a spouse
1. Spouse convicted of attempt against..
2. Spouse accused testator of crime
3. Spouse by fraud, intimidation
4. Spouse has given cause for legal separation
5. When the spouse has given grounds for loss of parental authority.
6. Unjustifiable refusal to support the children or other spouse
2. When parent is incapacitated to succeed one due to unworthiness:
i. Art. 1032: unworthiness
1. Parents abandoned their children, or induced their daughters to live a corrupt or immoral life, attempted against her virtue
2. Convicted of an attempt against the life of the testator, his spouse, or descendants or ascendants.

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3.
4.

b.

Accused of a crime
Any heir of full age who, having knowledge of the violent death of the testator, should fail to report it to an officer within a
month unless authorities have already taken action. (not applicable wherein law there is no obligation to make an accusation.
5. Person convicted or adultery or concubinage with the spouse of the testator
6. Cause testator to make or change will
7. By same means, prevents one from making will, revoking will, or concealing will
8. Falsifies or forges will of decedent
Incapable of succeeding
i. Art. 1027: the following are incapable of succeeding
1. Priest etc who hear confession of testator during his last illness or minister who extended spiritual aid to him
2. Relatives of 1 within the fourth degree, the church or institution to which such minister may belong
3. Those made to a guardian by his ward before the final accounts have been approved unless guardian is ascendant,
descendant, brother or sister or spouse
4. Any attesting witness to the execution of a will, the spouse, parents or children or an one claiming under such witness, spouse,
parents or children.
5. Physician, surgeon, nurse, etc who took care of testator during last illness
6. Individuals, associations, corporations not permitted by law to inherit.

Prohibited compromise: matters which cannot be negotiated nor set by agreement:

Civil status

Validity of marriage or of a legal separation

Ground for legal separation

Future support

Jurisdiction of the courts

Future legitimes

Abandonment: he or she has left the conjugal dwelling without intention of returning. A spouse who has left the conjugal dwelling for a period of 3 months or has
failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal
dwelling. (physical, financial and moral desertion)
spouse can seek for receivership, judicial separation of property, and sole administration
abandonment for more than one year can lead to legal separation
Deadlines:
Article
Article 30

Contents
Marriage certificate with affidavit for marriages in articulo
mortis or remote residence

Deadlines/prescriptions
Within 30 days after the performance of the marriage

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Article 38

Action or defense for absolute nullity (anyone can file)

Does not prescribe

Article 47
*If ratified then can no longer be
annulled.
Article 47

For one who obtains a marriage without prior consent after


he reaches the age of 21

- Any time between 18-21 years old by parents


- 5 years after reaching 21 by the party.

By the sane spouse without knowledge of insanity, relative,


guardian, or person having legal charge
By the insane during a lucid interval
Consent through fraud
Consent through intimidation, force, undue influence
For STD and physical incapacity
Entry of judgment and decree of nullity become final
Prescription of action for legal separation
Legal separation trial (during trial they are entitled to live
separately already)
After filing of complaint respondent should answer but is not
in default if not answered
Action for legal separation
Revocation by choice of the innocent spouse of donations
after decree of legal separation
Impugning legitimacy by those who are prejudiced

Anytime before the death of either party.

Article 47
Article 47
Article 47
Article 47
Article 50-51
Article 57
Article 58
Article 61
Article 61
Article 64
Article 182

Anytime before the death of either


5 years after having knowledge
5 years after it ceases
5 years after the marriage
15 days from receipt of the parties of the decision
5years from the occurrence of the cause.
After the laps of 6 months after the filing of the petition.
15 days after receipt of summons
Terminates upon death of either spouse
5 years after the decree of legal separation becomes
final. (Unless the donation is actually void Art. 87)
5 years from the time their cause of action accrues

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