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THE FAMILY CODE OF THE PHILIPPINES

(2)

I, CORAZON C. AQUINO, President of the

Consent

freely

given

in

the

Art. 5. Any male or female of the age of

presence of the solemnizing officer.

eighteen years or upwards not under any of

(53a)

the impediments mentioned in Articles 37 and

Philippines, by virtue of the powers vested in


me by the Constitution, do hereby order and

38, may contract marriage. (54a)


Art. 3. The formal requisites of marriage are:

promulgate the Family Code of the

Art. 6. No prescribed form or religious rite for


(1) Authority of the solemnizing officer;

Philippines, as follows:
TITLE I

(2) A valid marriage license except in

MARRIAGE

the cases provided for in Chapter 2 of


this Title; and

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

Chapter 1. Requisites of Marriage


(3) A marriage ceremony which takes
Art. 1. Marriage is a special contract of

place with the appearance of the

permanent union between a man and a

contracting

woman entered into in accordance with law

solemnizing officer and their personal

for the establishment of conjugal and family

declaration that they take each other

life. It is the foundation of the family and an

as husband and wife in the presence

inviolable social institution whose nature,

of not less than two witnesses of legal

consequences, and incidents are governed by

age. (53a, 55a)

parties

before

the

law and not subject to stipulation, except that


marriage settlements may fix the property

Art. 4. The absence of any of the essential or

relations during the marriage within the limits

formal requisites shall render the marriage

provided by this Code. (52a)

void ab initio, except as stated in Article 35


(2).

Art. 2. No marriage shall be valid, unless


these essential requisites are present:

the solemnization of the marriage is required.

A defect in any of the essential requisites shall


not affect the validity of the marriage but the

(1) Legal capacity of the contracting

party or parties responsible for the irregularity

parties who must be a male and a

shall be civilly, criminally and administratively

female; and

liable. (n)

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 a marriage in articulo mortis, when
the party 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. (55a)
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the
judiciary within the court's jurisdiction;

(2) Any priest, rabbi, imam, or minister

elsewhere, except in cases of marriages

license with the proper local civil registrar

of any church or religious sect duly

contracted on the point of death or in remote

which shall specify the following:

authorized by his church or religious

places in accordance with Article 29 of this

sect and registered with the civil

Code, or where both of the parties request the

registrar general, acting within the

solemnizing officer in writing in which case the

limits of the written authority granted

marriage may be solemnized at a house or

by his church or religious sect and

place designated

provided that at least one of the

statement to that effect. (57a)

by them

in a sworn

contracting parties belongs to the


solemnizing

officer's

church

or

(1) Full name of the contracting party;


(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;

Art. 9. A marriage license shall be issued by


or

(5) If previously married, how, when

municipality where either contracting party

and where the previous marriage was

(3) Any ship captain or airplane chief

habitually resides, except in marriages where

dissolved or annulled;

only in the case mentioned in Article

no license is required in accordance with

31;

Chapter 2 of this Title (58a)

(6) Present residence and citizenship;

(4) Any military commander of a unit to

Art. 10. Marriages between Filipino citizens

(7) Degree of relationship of the

which a chaplain is assigned, in the

abroad may be solemnized by a consul-

contracting parties;

absence of the latter, during a military

general, consul or vice-consul of the Republic

operation, likewise only in the cases

of the Philippines. The issuance of the

mentioned in Article 32;

marriage license and the duties of the local

religious sect;

the

local

civil

registrar

of

the

city

civil registrar and of the solemnizing officer


(5) Any consul-general, consul or vice-

with regard to the celebration of marriage

consul in the case provided in Article

shall be performed by said consular official.

10. (56a)

(75a)

Article. 8. The marriage shall be solemnized

Art. 11. Where a marriage license is required,

publicly in the chambers of the judge or in

each of the contracting parties shall file

open court, in the church, chapel or temple, or

separately a sworn application for such

in the office the consul-general, consul or


vice-consul, as the case may be, and not

(8)

Full

name,

residence

and

citizenship of the father;


(9)

Full

name,

residence

and

citizenship of the mother; and


(10)

Full

name,

residence

and

citizenship of the guardian or person


having charge, in case the contracting
party has neither father nor mother
and is under the age of twenty-one
years.

The applicants, their parents or guardians

residence certificate or an instrument drawn

the last preceding article, the death certificate

shall not be required to exhibit their residence

up and sworn to before the local civil registrar

of the deceased spouse or the judicial decree

certificates in any formality in connection with

concerned or any public official authorized to

of the absolute divorce, or the judicial decree

the securing of the marriage license. (59a)

administer

of annulment or declaration of nullity of his or

contain

oaths.

the

Such

sworn

instrument

declaration

of

shall
two

her previous marriage.

Art. 12. The local civil registrar, upon receiving

witnesses of lawful age, setting forth the full

such

the

name, residence and citizenship of such

In case the death certificate cannot be

presentation of the original birth certificates or,

contracting party and of his or her parents, if

secured, the party shall make an affidavit

in default thereof, the baptismal certificates of

known, and the place and date of birth of such

setting forth this circumstance and his or her

the contracting parties or copies of such

party. The nearest of kin of the contracting

actual civil status and the name and date of

documents duly attested by the persons

parties shall be preferred as witnesses, or, in

death of the deceased spouse. (61a)

having

their default, persons of good reputation in the

application,

custody

certificates

or

of

shall

the

certified

require

originals.
copies

These
of

the

province or the locality.

Art. 14. In case either or both of the

lawphi1.net

contracting

documents by this Article need not be sworn

parties,

not

having

been

to and shall be exempt from the documentary

The

baptismal

emancipated by a previous marriage, are

stamp tax. The signature and official title of

certificate shall not be required if the parents

between the ages of eighteen and twenty-one,

the person issuing the certificate shall be

of the contracting parties appear personally

they shall, in addition to the requirements of

sufficient proof of its authenticity.

before the local civil registrar concerned and

the preceding articles, exhibit to the local civil

swear to the correctness of the lawful age of

registrar, the consent to their marriage of their

If either of the contracting parties is unable to

said parties, as stated in the application, or

father, mother, surviving parent or guardian, or

produce his birth or baptismal certificate or a

when the local civil registrar shall, by merely

persons having legal charge of them, in the

certified copy of either because of the

looking at the applicants upon their personally

order mentioned. Such consent shall be

destruction or loss of the original or if it is

appearing before him, be convinced that

manifested in writing by the interested party,

shown by an affidavit of such party or of any

either or both of them have the required age.

who personally appears before the proper

other person that such birth or baptismal

(60a)

local civil registrar, or in the form of an affidavit

lawphi1.net

presentation

of

birth

or

certificate has not yet been received though

made in the presence of two witnesses and

the same has been required of the person

Art. 13. In case either of the contracting

attested before any official authorized by law

having custody thereof at least fifteen days

parties has been previously married, the

to

prior to the date of the application, such party

applicant shall be required to furnish, instead

manifestation shall be recorded in both

may furnish in lieu thereof his current

of the birth or baptismal certificate required in

applications for marriage license, and the

administer

oaths.

The

personal

affidavit, if one is executed instead, shall be

of marriage counselling shall suspend the

Art. 18. In case of any impediment known to

attached to said applications. (61a)

issuance of the marriage license for a period

the local civil registrar or brought to his

of three months from the completion of the

attention, he shall note down the particulars

Art. 15. Any contracting party between the age

publication of the application. Issuance of the

thereof and his findings thereon in the

of twenty-one and twenty-five shall be obliged

marriage license within the prohibited period

application for marriage license, but shall

to ask their parents or guardian for advice

shall

to

nonetheless issue said license after the

upon the intended marriage. If they do not

administrative sanctions but shall not affect

completion of the period of publication, unless

obtain such advice, or if it be unfavorable, the

the validity of the marriage.

ordered otherwise by a competent court at his

subject

the

issuing

officer

marriage license shall not be issued till after

own instance or that of any interest party. No

three months following the completion of the

Should only one of the contracting parties

filing fee shall be charged for the petition nor a

publication of the application therefor. A sworn

need parental consent or parental advice, the

corresponding

statement by the contracting parties to the

other party must be present at the counselling

issuances of the order. (64a)

effect that such advice has been sought,

referred to in the preceding paragraph. (n)

together with the written advice given, if any,

bond

required

for

the

Art. 19. The local civil registrar shall require

shall be attached to the application for

Art. 17. The local civil registrar shall prepare a

the payment of the fees prescribed by law or

marriage license. Should the parents or

notice which shall contain the full names and

regulations

guardian refuse to give any advice, this fact

residences of the applicants for a marriage

marriage license. No other sum shall be

shall be stated in the sworn statement. (62a)

license

the

collected in the nature of a fee or tax of any

applications. The notice shall be posted for

kind for the issuance of said license. It shall,

Art. 16. In the cases where parental consent

ten consecutive days on a bulletin board

however, be issued free of charge to indigent

or parental advice is needed, the party or

outside the office of the local civil registrar

parties, that is those who have no visible

parties concerned shall, in addition to the

located in a conspicous place within the

means of income or whose income is

requirements of the preceding articles, attach

building and accessible to the general public.

insufficient

a certificate issued by a priest, imam or

This notice shall request all persons having

established by their affidavit, or by their oath

minister authorized to solemnize marriage

knowledge of any impediment to the marriage

before the local civil registrar. (65a)

under Article 7 of this Code or a marriage

to advise the local civil registrar thereof. The

counsellor duly accredited by the proper

marriage license shall be issued after the

Art. 20. The license shall be valid in any part

government agency to the effect that the

completion of the period of publication. (63a)

of the Philippines for a period of one hundred

and

other

data

given

in

before

for

the

their

issuance

subsistence

of

the

fact

contracting parties have undergone marriage

twenty days from the date of issue, and shall

counselling. Failure to attach said certificates

be deemed automatically cancelled at the

expiration of the said period if the contracting

(4) That the proper marriage license

the quadruplicate copy of the marriage

parties have not made use of it. The expiry

has been issued according to law,

certificate, the copy of the marriage certificate,

date shall be stamped in bold characters on

except in marriage provided for in

the original of the marriage license and, in

the face of every license issued. (65a)

Chapter 2 of this Title;

proper cases, the affidavit of the contracting


party regarding the solemnization of the

Art. 21. When either or both of the contracting

(5)

That

either

or

both

of

the

parties are citizens of a foreign country, it shall

contracting parties have secured the

be necessary for them before a marriage

parental consent in appropriate cases;

license can be obtained, to submit a certificate

marriage in place other than those mentioned


in Article 8. (68a)
Art. 24. It shall be the duty of the local civil

of legal capacity to contract marriage, issued

(6)

the

registrar to prepare the documents required

by their respective diplomatic or consular

contracting parties have complied with

by this Title, and to administer oaths to all

officials.

the

regarding

interested parties without any charge in both

parental advice in appropriate cases;

cases. The documents and affidavits filed in

and

connection with applications for marriage

Stateless persons or refugees from other

That
legal

either

or

both

requirement

of

countries shall, in lieu of the certificate of legal


capacity herein required, submit an affidavit

(7) That the parties have entered into

stating

marriage settlement, if any, attaching

the

circumstances

showing

such

a copy thereof. (67a)

capacity to contract marriage. (66a)

licenses shall be exempt from documentary


stamp tax. (n)
Art. 25. The local civil registrar concerned

Art. 22. The marriage certificate, in which the

Art. 23. It shall be the duty of the person

parties shall declare that they take each other

solemnizing the marriage to furnish either of

as husband and wife, shall also state:

the contracting parties the original of the


marriage certificate referred to in Article 6 and

(1) The full name, sex and age of each

to send the duplicate and triplicate copies of

contracting party;

the certificate not later than fifteen days after


the marriage, to the local civil registrar of the

shall enter all applications for marriage


licenses filed with him in a registry 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. (n)

(2) Their citizenship, religion and

place where the marriage was solemnized.

habitual residence;

Art. 26. All marriages solemnized outside the

Proper receipts shall be issued by the local

Philippines, in accordance with the laws in

civil

force

(3) The date and precise time of the


celebration of the marriage;

registrar

to

the

solemnizing

officer

transmitting copies of the marriage certificate.


The solemnizing officer shall retain in his file

in

the

country

where

they

were

solemnized, and valid there as such, shall

also be valid in this country, except those

shall state in an affidavit executed before the

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

prohibited under Articles 35 (1), (4), (5) and

local civil registrar or any other person legally

a commissioned officer, shall likewise have

(6), 3637 and 38. (17a)

authorized to administer oaths that the

authority to solemnize marriages in articulo

marriage was performed in articulo mortis or

mortis between persons within the zone of

Where a marriage between a Filipino citizen

that the residence of either party, specifying

military operation, whether members of the

and a foreigner is validly celebrated and a

the barrio or barangay, is so located that there

armed forces or civilians. (74a)

divorce is thereafter validly obtained abroad

is no means of transportation to enable such

by the alien spouse capacitating him or her to

party to appear personally before the local

Art. 33. Marriages among Muslims or among

remarry, the Filipino spouse shall have

civil registrar and that the officer took the

members of the ethnic cultural communities

capacity to remarry under Philippine law. (As

necessary steps to ascertain the ages and

may

amended by Executive Order 227)

relationship of the contracting parties and the

necessity of marriage license, provided they

absence of legal impediment to the marriage.

are solemnized in accordance with their

(72a)

customs, rites or practices. (78a)

Art. 30. The original of the affidavit required in

Art. 34. No license shall be necessary for the

the last preceding article, together with the

marriage of a man and a woman who have

legible copy of the marriage contract, shall be

lived together as husband and wife for at least

sent by the person solemnizing the marriage

five years and without any legal impediment to

to the local civil registrar of the municipality

marry each other. The contracting parties shall

where it was performed within the period of

state the foregoing facts in an affidavit before

thirty days after the performance of the

any person authorized by law to administer

marriage. (75a)

oaths. The solemnizing officer shall also state

Chapter 2. Marriages Exempted 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. (72a)


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. (72a)


Art. 29. In the cases provided for in the two
preceding articles, the solemnizing officer

under

be

performed

oath

that

validly

he

without

ascertained

the

the

Art. 31. A marriage in articulo mortis between

qualifications of the contracting parties are

passengers or crew members may also be

found no legal impediment to the marriage.

solemnized by a ship captain or by an

(76a)

airplane pilot not only while the ship is at sea


or the plane is in flight, but also during
stopovers at ports of call. (74a)

Chapter 3. Void and Voidable Marriages


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

(1) Those contracted by any party

becomes manifest only after its solemnization.

(5) Between the surviving spouse of

below eighteen years of age even with

(As amended by Executive Order 227)

the adopting parent and the adopted

the consent of parents or guardians;

child;
Art. 37. Marriages between the following are

(2) Those solemnized by any person

incestuous and void from the beginning,

(6) Between the surviving spouse of

not legally authorized to perform

whether relationship between the parties be

the adopted child and the adopter;

marriages

legitimate or illegitimate:

unless

such

marriages

(7) Between an adopted child and a

were contracted with either or both


parties believing in good faith that the

(1)

solemnizing

descendants of any degree; and

officer had the legal

(4) Those bigamous or polygamous


marriages not failing under Article 41;

and

(2) Between brothers and sisters,

legitimate child of the adopter;

same adopter; and

whether of the full or half blood. (81a)

(3) Those solemnized without license,


Chapter;

ascendants

(8) Between adopted children of the

authority to do so;

except those covered the preceding

Between

(9) Between parties where one, with


Art. 38. The following marriages shall be void

the intention to marry the other, killed

from the beginning for reasons of public

that other person's spouse, or his or

policy:

her own spouse. (82)


(1) Between collateral blood relatives

Art. 39. The action or defense for the

(5) Those contracted through mistake

whether legitimate or illegitimate, up to

declaration

of one contracting party as to the

the fourth civil degree;

prescribe. However, in case of marriage

identity of the other; and


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

of

absolute

nullity

shall

not

celebrated before the effectivity of this Code


(2) Between step-parents and step-

and falling under Article 36, such action or

children;

defense shall prescribe in ten years after this

(3)

Between

parents-in-law

and

children-in-law;
(4) Between the adopting parent and
the adopted child;

Code shall taken effect. (As amended by


Executive Order 227) (n)
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

sworn

statement

void. (n).

circumstances

of

the

fact

of reappearance

shall

and

or in default of children, the innocent

be

spouse;

recorded in the civil registry of the residence


Art. 41. A marriage contracted by any person

of the parties to the subsequent marriage at

(3) Donations by reason of marriage

during subsistence of a previous marriage

the instance of any interested person, with

shall remain valid, except that if the

shall be null and void, unless before the

due notice to the spouses of the subsequent

donee contracted the marriage in bad

celebration of the subsequent marriage, the

marriage and without prejudice to the fact of

faith, such donations made to said

prior spouse had been absent for four

reappearance being judicially determined in

donee are revoked by operation of

consecutive years and the spouse present

case such fact is disputed. (n)

law;

of

Art. 43. The termination of the subsequent

(4) The innocent spouse may revoke

disappearance where there is danger of death

marriage referred to in the preceding Article

the designation of the other spouse

under the circumstances set forth in the

shall produce the following effects:

who acted in bad faith as beneficiary

has a well-founded belief that the absent


spouse was

already dead. In case

in any insurance policy, even if such

provisions of Article 391 of the Civil Code, an


absence of only two years shall be sufficient.

(1) The children of the subsequent

designation

marriage

irrevocable; and

For the purpose of contracting the subsequent

termination

marriage under the preceding paragraph the

legitimate;

conceived
shall

prior
be

to

its

be

stipulated

as

considered
(5) The spouse who contracted the
subsequent marriage in bad faith shall

spouse present must institute a summary


proceeding as provided in this Code for the

(2)

The

absolute

community

of

be disqualified to inherit from the

declaration of presumptive death of the

property or the conjugal partnership,

innocent

absentee, without prejudice to the effect of

as the case may be, shall be dissolved

intestate succession. (n)

reappearance of the absent spouse. (83a)

and liquidated, but if either spouse

spouse

by

testate

and

contracted said marriage in bad faith,

Art. 44. If both spouses of the subsequent

Art. 42. The subsequent marriage referred to

his or her share of the net profits of

marriage acted in bad faith, said marriage

in the preceding Article shall be automatically

the community property or conjugal

shall be void ab initio and all donations by

terminated by the recording of the affidavit of

partnership property shall be forfeited

reason

reappearance of the absent spouse, unless

in favor of the common children or, if

dispositions made by one in favor of the other

there is a judgment annulling the previous

there are none, the children of the

are revoked by operation of law. (n)

marriage or declaring it void ab initio.

guilty spouse by a previous marriage

of

marriage

and

testamentary

Art. 45. A marriage may be annulled for any of

undue influence, unless the same

(3)

Concealment

of

sexually

the following causes, existing at the time of

having disappeared or ceased, such

transmissible disease, regardless of

the marriage:

party thereafter freely cohabited with

its nature, existing at the time of the

the other as husband and wife;

marriage; or

sought to have the marriage annulled

(5) That either party was physically

(4) Concealment of drug addiction,

was eighteen years of age or over but

incapable

the

habitual alcoholism or homosexuality

below twenty-one, and the marriage

marriage with the other, and such

or lesbianism existing at the time of

was solemnized without the consent of

incapacity continues and appears to

the marriage.

the

be incurable; or

(1) That the party in whose behalf it is

parents,

guardian

or

person

of

consummating

No other misrepresentation or deceit as to

having substitute parental authority


over the party, in that order, unless

(6) That either party was afflicted with

character, health, rank, fortune or chastity

after attaining the age of twenty-one,

a sexually-transmissible disease found

shall constitute such fraud as will give grounds

such party freely cohabited with the

to be serious and appears to be

for action for the annulment of marriage. (86a)

other and both lived together as

incurable. (85a)

husband and wife;

Art. 47. The action for annulment of marriage


Art. 46. Any of the following circumstances

must be filed by the following persons and

(2) That either party was of unsound

shall constitute fraud referred to in Number 3

within the periods indicated herein:

mind, unless such party after coming

of the preceding Article:

to reason, freely cohabited with the

(1) For causes mentioned in number 1


previous

of Article 45 by the party whose parent

conviction by final judgment of the

or guardian did not give his or her

(3) That the consent of either party

other party of a crime involving moral

consent,

was obtained by fraud, unless such

turpitude;

attaining the age of twenty-one, or by

other as husband and wife;

party afterwards, with full knowledge


of the facts constituting the fraud,
freely cohabited with the other as
husband and wife;

(1)

Non-disclosure

of

within

five

years

after

the parent or guardian or person


(2) Concealment by the wife of the fact

having legal charge of the minor, at

that at the time of the marriage, she

any time before such party has

was pregnant by a man other than her

reached the age of twenty-one;

husband;

(4) That the consent of either party

(2) For causes mentioned in number 2

was obtained by force, intimidation or

of Article 45, by the same spouse, who

had no knowledge of the other's

In the cases referred to in the preceding

such

insanity; or by any relative or guardian

paragraph, no judgment shall be based upon

previous judicial proceedings.

or person having legal charge of the

insane, at any time before the death of

judgment. (88a)

stipulation

of

facts

or

confession

lucid

interval

or

after

regaining sanity;

had

been

adjudicated

in

of
All creditors of the spouses as well as of the
absolute

either party, or by the insane spouse


during

matters

community
shall

or

Art. 49. During the pendency of the action and

partnership

be

in the absence of adequate provisions in a

proceedings for liquidation.

the

notified

conjugal
of

the

written agreement between the spouses, the


(3) For causes mentioned in number 3

Court shall provide for the support of the

In the partition, the conjugal dwelling and the

of Articles 45, by the injured party,

spouses and the custody and support of their

lot on which it is situated, shall be adjudicated

within five years after the discovery of

common children. The Court shall give

in accordance with the provisions of Articles

the fraud;

paramount consideration to the moral and

102 and 129.

material welfare of said children and their


(4) For causes mentioned in number 4

choice of the parent with whom they wish to

of Article 45, by the injured party,

remain as provided to in Title IX. It shall also

within five years from the time the

provide for appropriate visitation rights of the

force, intimidation or undue influence

other parent. (n)


50.

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

disappeared or ceased;
Art.

Art. 51. In said partition, the value of the

effects

provided

for

by

parties,

by

mutual

agreement

judicially

(5) For causes mentioned in number 5

paragraphs (2), (3), (4) and (5) of Article 43

approved, had already provided for such

and 6 of Article 45, by the injured

and by Article 44 shall also apply in the proper

matters.

party, within five years after the

cases to marriages which are declared ab

marriage. (87a)

initio or annulled by final judgment under

Art. 48. In all cases of annulment or

Articles 40 and 45.

declaration of absolute nullity of marriage, the

The final judgment in such cases shall provide

Court shall order the prosecuting attorney or

for the liquidation, partition and distribution of

fiscal assigned to it to appear on behalf of the

the properties of the spouses, the custody and

State to take steps to prevent collusion

support of the common children, and the

between the parties and to take care that

delivery of third presumptive legitimes, unless

evidence is not fabricated or suppressed.

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

annulment

or

under

absolute

the

decree

of

Art. 55. A petition for legal separation may be

nullity

shall

be

filed on any of the following grounds:

(8) Sexual infidelity or perversion;


(9) Attempt by the respondent against

considered as advances on their legitime. (n)


(1) Repeated physical violence or
abusive

conduct

the life of the petitioner; or

Art. 52. The judgment of annulment or of

grossly

directed

absolute nullity of the marriage, the partition

against the petitioner, a common child,

(10) Abandonment of petitioner by

and distribution of the properties of the

or a child of the petitioner;

respondent without justifiable cause


for more than one year.

spouses and the delivery of the children's


presumptive legitimes shall be recorded in the

(2)

appropriate civil registry and registries of

pressure to compel the petitioner to

For purposes of this Article, the term "child"

property; otherwise, the same shall not affect

change religious or political affiliation;

shall include a child by nature or by adoption.

third persons. (n)

Physical

violence

or

moral

(9a)
(3) Attempt of respondent to corrupt or

Art. 53. Either of the former spouses may

induce the petitioner, a common child,

Art. 56. The petition for legal separation shall

marry

the

or a child of the petitioner, to engage

be denied on any of the following grounds:

requirements of the immediately preceding

in prostitution, or connivance in such

Article; otherwise, the subsequent marriage

corruption or inducement;

again

after

compliance

with

shall be null and void.

condoned

(4) Final judgment sentencing the

Art. 54. Children conceived or born before the

respondent to imprisonment of more

judgment of annulment or absolute nullity of

than six years, even if pardoned;

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.

(5)

Drug

addiction

(1) Where the aggrieved party has

or

habitual

alcoholism of the respondent;

the

offense

or

act

complained of;
(2) Where the aggrieved party has
consented to the commission of the
offense or act complained of;
(3)

Where

there

is

connivance

(6) Lesbianism or homosexuality of

between the parties in the commission

the respondent;

of the offense or act constituting the


ground for legal separation;

TITLE II
LEGAL SEPARATION

(7) Contracting by the respondent of a


subsequent

bigamous

marriage,

whether in the Philippines or abroad;

(4) Where both parties have given


ground for legal separation;

(5) Where there is collusion between

Art. 61. After the filing of the petition for legal

any share of the net profits earned by

the parties to obtain decree of legal

separation, the spouses shall be entitled to

the

separation; or

live separately from each other.

conjugal partnership, which shall be

(6) Where the action is barred by

The court, in the absence of a written

prescription. (100a)

agreement

absolute

forfeited
between

the

spouses,

in

community
accordance

or
with

the
the

provisions of Article 43(2);

shall

designate either of them or a third person to

(3) The custody of the minor children

Art. 57. An action for legal separation shall be

administer

the

or

shall be awarded to the innocent

filed within five years from the time of the

conjugal

partnership

The

spouse, subject to the provisions of

occurrence of the cause. (102)

administrator appointed by the court shall

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. (103)
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. (n)


Art. 60. No decree of legal separation shall be

absolute

community
property.

Article 213 of this Code; and

have the same powers and duties as those of


(4) The offending spouse shall be

a guardian under the Rules of Court. (104a)

disqualified from inheriting from the


Art. 62. During the pendency of the action for

innocent

spouse

by

intestate

legal separation, the provisions of Article 49

succession. Moreover, provisions in

shall likewise apply to the support of the

favor of the offending spouse made in

spouses and the custody and support of the

the will of the innocent spouse shall be

common children. (105a)

revoked by operation of law. (106a)

Art. 63. The decree of legal separation shall

Art. 64. After the finality of the decree of legal

have the following effects:

separation, the innocent spouse may revoke


the donations made by him or by her in favor

based upon a stipulation of facts or a

(1) The spouses shall be entitled to

confession of judgment.

of the offending spouse, as well as the

live separately from each other, but

designation of the latter as beneficiary in any

the marriage bonds shall not be

insurance policy, even if such designation be

severed;

stipulated as irrevocable. The revocation of

In any case, the Court shall order the


prosecuting attorney or fiscal assigned to it to
take steps to prevent collusion between the

(2) The absolute community or the

parties and to take care that the evidence is

conjugal

partnership

not fabricated or suppressed. (101a)

dissolved

and

shall

liquidated

but

be
the

offending spouse shall have no right to

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

spouses agree to revive their former

The recording of the ordering in the registries

in the registries of property shall be respected.

property regime.

of property shall not prejudice any creditor not

The

revocation

of

or

change

in

the

listed or not notified, unless the debtor-spouse

designation of the insurance beneficiary shall

The court's order containing the foregoing

has sufficient separate properties to satisfy

take effect upon written notification thereof to

shall be recorded in the proper civil registries.

the creditor's claim. (195a, 108a)

the insured.

(108a)
TITLE III

The action to revoke the donation under this

Art. 67. The agreement to revive the former

RIGHTS AND OBLIGATIONS BETWEEN

Article must be brought within five years from

property regime referred to in the preceding

HUSBAND AND WIFE

the time the decree of legal separation

Article shall be executed under oath and shall

become final. (107a)

specify:

Art. 68. The husband and wife are obliged to


live together, observe mutual love, respect

Art. 65. If the spouses should reconcile, a

(1) The properties to be contributed

and fidelity, and render mutual help and

corresponding joint manifestation under oath

anew to the restored regime;

support. (109a)

(2) Those to be retained as separated

Art. 69. The husband and wife shall fix the

properties of each spouse; and

family domicile. In case of disagreement, the

duly signed by them shall be filed with the


court in the same proceeding for legal
separation. (n)
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

(3) The names of all their known

court shall decide.

creditors, their addresses and the

The court may exempt one spouse from living

amounts owing to each.

with the other if the latter should live abroad or

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

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. (110a)

(2) The final decree of legal separation

named therein. After due hearing, the court

Art. 70. The spouses are jointly responsible

shall be set aside, but the separation

shall, in its order, take measure to protect the

for the support of the family. The expenses for

of property and any forfeiture of the

interest of creditors and such order shall be

such support and other conjugal obligations

share of the guilty spouse already

recorded in the proper registries of properties.

shall be paid from the community property

effected shall subsist, unless the

and, in the absence thereof, from the income

or fruits of their separate properties. In case of

injury to the other or to the family, the

(2) Benefit has occurred to the family

insufficiency or absence of said income or

aggrieved party may apply to the court for

prior to the objection or thereafter. If

fruits, such obligations shall be satisfied from

relief. (116a)

the benefit accrued prior to the

the separate properties. (111a)

objection, the resulting obligation shall


Art. 73. Either spouse may exercise any

be enforced against the separate

Art. 71. The management of the household

legitimate profession, occupation, business or

property of the spouse who has not

shall be the right and the duty of both

activity without the consent of the other. The

obtained consent.

spouses. The expenses for such management

latter may object only on valid, serious, and

shall

moral grounds.

be

paid

in

accordance

with

the

provisions of Article 70. (115a)

the rights of creditors who acted in good faith.


In case of disagreement, the court shall

Art. 72. When one of the spouses neglects his

decide whether or not:

or her duties to the conjugal union or commits


acts which tend to bring danger, dishonor or

The foregoing provisions shall not prejudice

(1) The objection is proper, and

(117a)