NEW CIVIL CODE

NCC1. This Act shall be known as The Civil Code of the Philippines.
NCC2. Laws shall take effect AFTER:

fifteen days FOLLOWING:

o THE COMPLETION of their PUBLICATION in EITHER:
1. the OFFICIAL GAZZETE, or
2. a newspaper of general circulation in the
Philippines,

EXEMPTION:
o unless IT IS OTHERWISE provided.
NCC3. Ignorance of the law EXCUSES NO ONE from COMPLIANCE
therewith.
NCC4. Laws shall have no RETROACTIVE EFFECT,

EXEMPTION:
o unless the CONTRARY is provided
NCC5. Acts EXECUTED against the:

PROVISIONS of:
1. MANDATORY and
2. PROHIBITORY laws

shall be void,
o EXEMPTION:
o EXCEPT WHEN the LAW ITSELF authorizes THEIR
validity.
NCC6. Rights may be WAIVED,

EXEMPTION:
o unless the waiver is CONTRARY to
1. LAW,
2. PUBLIC ORDER,
3. PUBLIC POLICY,
4. MORALS, or
5. GOOD CUSTOMS or
6. PREJUDICIAL to a THIRD PERSON with a right
RECOGNIZED by law
NCC7(1). Laws are REPEALED on by:

SUBSEQUENT ONES
and their:
1. VIOLATIOLN or
2. NON-OBSERVANCE
shall not be EXCUSED by:
1. DISUSE, or
2. CUSTOM, or
3. PRACTICE TO THE CONTRARY

NCC7(2). When the COURTS declare a LAW to be INCONSISTENT with

the CONSTITUTION:
1. the FORMER shall VOID, and
2. the LATTER shall GOVERN
NCC7(3). ADMINISTRATIVE or EXECUTIVE
1. ACTS
2. ORDERS and
3. REGULATIONS
shall be valid only when they are not contrary to:
1. the LAWS or
2. the CONSTITUTION
NCC8. JUDICIAL DECISIONS
1.
APPLYING or
2.
INTERPRETING
the:
1.
LAWS or
2.
the CONSTITUTION
shall:

form part of the LEGAL SYSTEM of the Philippines

NCC9. No JUDGE or COURT shall:

DECLINE TO RENDER JUDGEMENT

o by reason of:
1. the SILENCE,
2. OBSCURITY or
3. INSUFFICIENCY
o of the LAWS.
NCC10. In case of DOUBT in the INTERPRETATION or APPLICATION of
laws:

it is PRESUMED that:
o the LAWMAKING BODY INTENDED:
1. RIGHT and
2. JUSTICE
o to prevail.
NCC11. CUSTOMS, which are CONTRARY to:
1. LAW,
2. PUBLIC ORDER or
3. PUBLIC POLICY

shall NOT be COUNTENANCED

NCC12. A CUSTOM must be:

PROVED AS FACT,
o according to the:

RULES OF EVIDENCE

NCC13(1). When the law SPEAKS of:

1. YEARS,
2. MONTHS,
3. DAYS or
4. NIGHTS,

it shall be UNDERSTOOD that:

o YEARS are of 365 days EACH;
o MONTHS of 30 days;
o DAYS of 24 hours;
o and NIGHTS, from SUNSET to SUNRISE
NCC13(2). If MONTHS are DESIGNATED BY THEIR NAME:

they shall be:

o COMPUTED by the NUMBER OF DAYS by which they
RESPECTIVELY have.
NCC13(3). IN COMPUTING A PERIOD:

the 1st DAY shall be EXCLUDED, and

the LAST DAY INCLUDED

NCC14. PENAL LAWS and those of PUBLIC SECURITY are:

OBLIGATORY upon those who:

1. RESIDE or
2. SOJOURN

in Philippine territory,

SUBJECT TO:
1. the PRINCIPLES of PUBLIC INTERNATIONAL LAW and
2. to TREATY STIPULATIONS
NCC15. Laws relating to FAMILY RIGHTS and DUTIES, or to the:
1. STATUS,
2. CONDITION and
3. LEGAL CAPACITY of PERSONS

are BINDING upon CITIZENS of the Philippines,

EVEN THOUGH LIVING ABROAD
NCC16(1). REAL PROPERTY as well as PERSONAL PROPERTY is
SUBJECT TO

the LAW OF THE COUNTRY WHERE IT IS SITUATED

NCC16(2). However, INTESTATE and TESTAMENTARY SUCCESSION,

both with respect to:
1. the ORDER OF SUCCESSION, and to
2. the AMOUNT of SUCCESSIONAL RIGHTS and to
3. the INTRINSIC VALIDITY of TESTAMENTARY PROVISIONS
shall be REGULATED by:

the NATIONAL LAW of the person whose succession is under

consideration,

REGARDLESS of:
o The COUNTRY wherein SAID PROPERTY may be found
NCC17(1). The FORMS and SOLEMNITIES of:
1. CONTRACTS
2. WILLS and
3. OTHER FORMS OF PUBLIC INSTRUMENTS
shall be:
o GOVERNED by:
o the LAWS of the COUNTRY IN WHICH they are
EXECUTED
NCC17(2). When the ACTS REFERRED to are EXECUTED before the
1. DIPLOMATIC or
2. CONSULAR OFFICIALS
o Of the REPUBLIC OF THE PHILIPPINES in a FOREIGN
COUNTRY
o the SOLEMNITIES ESTABLISHED by Philippine law
shall be OBSERVED in their execution.
NCC17(3). PROHIBITVE LAWS concerning:
1. PERSONS,
2. their ACTS or PROPERTY
3. and THOSE WHICH HAVE FOR THEIR OBJECT:
a. PUBLIC ORDER
b. PUBLIC POLICY and
c. GOOD CUSTOMS
o shall NOT BE RENDERED INEFFECTIVE by:
o LAWS or
o JUDGEMENTS PROMULGATED or
o by DETERMINATIONS or CONVENTIONS
agreed upon in a foreign country
NCC18. In matters which are governed by the CODES OF COMMERECE
and SPECIAL LAWS:
o their DEFICIENCY shall be SUPPLIED by:
o the PROVISIONS OF THIS CODE

2.

FAMILY CODE
FC1. MARRIAGE is a:

SPECIAL CONTRACT of
o PERMANENT UNION

between a MAN and a WOMAN

o entered into in ACCORDANCE with LAW
o for:

the ESTABLISHMENT of:

1. CONJUGAL and
2. FAMILY LIFE

it is:
o the FOUNDATION OF THEFAMILY and
o an INVIOLABLE SOCIAL INSTITUTION

whose:
1. NATURE,
2. CONSEQUENCES, and
3. INCIDENTS

are:
1. GOVERNED by LAW and
2. NOT SUBJECT TO STIPULATION

EXEMPTION:
o Except that MARRIAGE SETTLEMENTS
may:
o FIX the PROPERTY RELATIONS
DURING THE MARRIAGE

within the LIMITS

provided in this Code
FC2. NO marriage shall be VALID, unless these ESSENTIAL REQUISITES
are PRESENT:
1. LEGAL CAPACITY of the CONTRACTING PARTIES who must be a
MALE or FEMALE; and

CONSENT FREELY GIVEN in the PRESENCE of the

SOLEMNIZING OFFICER

FC3. The FORMAL REQUISITES of MARRIAGE are:

1. AUTHORITY of the SOLEMNIZING OFFICER
2. a VALID MARRIAGE LICENSE

EXEMPTION:
o except in the cases provided for in Chapter 2 of this
Title; and
3. a MARRIAGE CEREMONY which takes place with:
a. the APPEARANCE OF THE CONTRACTING PARTIES
before the SOLEMNIZING OFFICER and
b. their PERSONAL DECLARATION that they TAKE EACH
OTHER as HUSBAND and WIFE
c. in the PRESENCE of NOT LESS THAN 2 WITNESSES of
LEGAL AGE
FC4(1). The ABSENCE of any of the ESSENTIAL or FORMAL requisites
shall:

RENDER the marriage VOID AB INITIO,

o EXEMPTION:

except as stated in FC35(2)

FC4(2). A DEFECT in any of the ESSENTIAL requisites shall:

RENDER the marriage VOIDABLE:

o as provided in FC45
FC4(3). An IRREGULARITY in the FORMAL requisites shall:

NOT AFFECT the:

o VALIDITY OF THE MARRIAGE

but:
o the PARTY or PARTIES RESPONSIBLE for the
IRREGULARITY shall be:
1. CIVILLY,
2. CRIMINALLY and
3. ADMINISTRATIVELY LIABLE
FC5. Any MALE or FEMALE of:
1. the age of 18 YEARS OR UPWARDS
2. NOT UNDER ANY OF THE IMPEDIMENTS mentioned in FC 37
and 38,
may CONTRACT MARRIAGE
FC6(1). No
1. PRESCRIBED FORM or
2. 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
o DECLARE in the PRESENCE of NOT LESS THAN 2
witnesses of legal age
o that:

they TAKE EACH OTHER as HUSBAND and WIFE

This DECLARATION shall be CONTAINED in:
o the MARRIAGE CERTIFICATE which shall:

be SIGNED BY THE CONTRACTING PARTIES and

their WITNESSES and

ATTESTED by the SOLEMNIZING OFFICER

o

FC6(2). In case of marriage in ARTICULO MORTIS, when:

the PARTY AT THE POINT OF DEATH is:

o UNABLE TO SIGN THE MARRIAGE CERTIFICATE

it shall be:

SUFFICIENT for ONE OF THE

WITNESSES TO THE MARRIAGE to:
o WRITE the NAME of SAID PARTY,
o which shall be ATTESTED by the
SOLEMNIZING OFFICER

FC7. Marriage may be SOLEMNIZED BY:

1. Any INCUMBENT MEMBER of the JUDICIARY

within the courts jurisdiction

2. Any:
o PRIEST,
o RABBI,
o IMAM, or
o MINISTER of ANY CHURCH or RELIGIOUS SECT

DULY AUTHORIZED by his:

CHURCH or RELIGIOUS SECT and

REGISTERED with 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

3.
4.

5.

to the SOLEMNIZING OFFICERS

CHURCH or RELIGIOUS SECT
Any SHIP CAPTAIN or AIRPLANE CHIEF

only in cases mentioned in FC31

Any MILITARY COMMANDER OF A UNIT to which a CHAPLAIN is
ASSIGNED,

in the ABSENCE of the LATTER,

o during a MILITARY OPERATION,

likewise only in the cases mentioned in

FC32 or
Any:
a. CONSUL-GENERAL,
b. CONSUL or
c. VICE-CONSUL
in the case provided in FC10

FC8. The marriage shall be:

SOLEMNIZED PUBLICLY in:

1. the CHAMBERS of the JUDGE or
2. in OPEN COURT,
3. in the:

CHRUCH

CHAPEL or

TEMPLE or
4. in the OFFICE of the

CONSUL-GENERAL

CONSUL or

VICE-CONSUL
as the case may be, and NOT ELSEWHERE

EXEMPTIONS:

except in cases of MARRIAGES CONTRACTED at:

1. the POINT OF DEATH or

2.
3.

in REMOTE PLACES
o in accordance with FC29 of this Code
or where BOTH PARTIES REQUEST the
solemnizing officer in WRITING
o in which case:

the marriage may be solemnized at:

1. a HOUSE or
2. PLACE DESIGNATED by THEM
o in a SWORN STATEMENT to that
effect

FC9. A MARRIAGE LICENSE shall be ISSUED by:

the LOCAL CIVIL REGISTRAR of

o the CITY or MUNICIPALITY

where either contracting party HABITUALLY

RESIDES,

EXEMPTION:

Except in marriages where NO LICENSE

IS REQUIRED in accordance with Chapter
2 of this Title
FC10. Marriages BETWEEN FILIPINO CITIZENS ABROAD may be
solemnized by:
1. a CONSUL-GENERAL
2. CONSUL or
3. VICE-CONSUL

of the REPUBLIC OF THE PHILIPPINES

The:
1. ISSUANCE of the MARRIAGE LICENSE and
2. the DUTIES of:
a. the LOCAL CIVIL REGISTRAR and of
b. the SOLEMNIZING OFFICER
with regard to the CELEBRATION OF MARRIAGE
shall be PERFORMED by SAID CONSULAR
OFFICIAL

MARRIAGES EXEMPT FROM THE LICENSE REQUIREMENT

FC27. In case EITHER or BOTH of the CONTRACTING PARTIES are AT
THE POINT OF DEATH:

the marriage may be SOLEMNIZED WITHOUT:

o NECESSITY OF A MARRIAGE LICENSE and

SHALL REMAIN VALID even if:

o the AILING PARTY SUBSEQUENTLY SURVIVES

FC28. If the RESIDENCE OF EITHER PARTY is SO LOCATED that:

THERE IS NO MEANS of TRANSPORTATION to:

o ENABLE such party to APPEAR PERSONALLY before the

LOCAL CIVIL REGISTRAR,

The marriage may be solemnized WITHOUT THE NECESSITY of a

MARRIAGE LICENSE
FC29. In the cases PROVIDED for in the 2 PRECEEDING ARTICLES:

the SOLEMNIZING OFFICER shall:

o STATE in an AFFIDAVIT EXECUTED BEFORE:
1. the LOCAL CIVIL REGISTRAR or
2. 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:
o 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
1. AGES and
2. RELATIONSHIP of
the
CONTRACTING
PARTIES and
3. the ABSENCE of a
LEGAL
IMPEDIMENT to
the MARRIAGE
FC30. The
1. ORIGINAL of the AFFIDAVIT required in the last preceding
article, together with a
2. LEGIBLE COPY of the MARRIAGE CONTRACT,
shall be SENT BY THE PERSON SOLEMNIZING THE MARRIAGE to the
LOCAL CIVIL REGISTRAR of the MUNICIPALITY WHERE IT WAS
PERFORMED

PRESCRIPTION:
o within the PERIOD OF 30 days AFTER the
PERFORMANCE OF THE MARRIAGE
FC31. A marriage in ARTICULO MORTIS between:

PASSENGERS or CREW MEMBERS may:

o 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

FC32. A MILITARY COMMANDER of a UNIT,

who is a COMMISSIONED OFFICER, shall:

o 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
FC33. Marriages among:
1. MUSLIMS or
2. among MEMBERS of the ETHNIC CULTURAL COMMUNITIES
may be performed VALIDLY WITHOUT THE NECESSITY of a MARRIAGE
LICENSE,

REQUIREMENT:
o provided they are SOLEMNIZED IN ACCORDANCE WITH
THEIR:
1. CUSTOMS
2. RITES or
3. PRACTICES
FC34. No license shall be necessary for the marriage of a man and a
woman who:

HAVE LIVED TOGETHER FOR AT LEAST 5 YEARS and

WITHOUT 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 ASCERTANED THE QUALIFICATIONS of the CONTRACTING

PARTIES and FOUND NO LEGAL IMPEDIMENT to the marriage

VOID AND VOIDABLE MARRIAGES

FC35. The following marriages shall be VOID FROM THE BEGINNING:
1. Those contracted by any party BELOW 18 YEARS OF AGE

EVEN WITH THE CONSENT of PARENTS or GUARDIANS

2. Those SOLEMNIZED by ANY PERSON NOT LEGALLY
AUTHORIZED to PERFORM MARRIAGES,

Unless EITHER or BOTH PARTIES BELIEVED IN GOOD

FAITH that
the SOLEMNIZING OFFICER had the LEGAL
AUTHORITY TO DO SO
3. Those solemnized WITHOUT A LICENSE

except those covered by the PRECEEDING CHAPTER

4. Those BIGAMOUS or POLYGAMOUS MARRIAGES NOT FALLING
UNDER FC41
5. Those CONTRACTED through the MISTAKE of ONE
CONTRACTING PARTY as to the IDENTITY of the OTHER
6. Those SUBSEQUENT MARRAIGES THAT ARE VOID under FC53
FC36. A marriage contracted by any party, who:

AT THE TIME OF THE CELEBRATION was:

o PSYCHOLOGICALLY INCAPACITATED to:

COMPLY with the MARITAL OBLIGATIONS of

MARRIAGE shall likewise be VOID,
o even if:

such INCAPACITY becomes MANIFEST ONLY

AFTER its SOLEMNIZATION
FC37. Marriages between the following are INCESTOUS and VOID
FROM THE BEGINNING, whether the relationship between the parties be
LEGITIMATE or ILLEGITIMATE:
1. Between ASCENDANTS and DESCENDANTS of ANY DEGREE;
and
2. Between BROTHERS and SISTERS, whether FULL or HALFBLOOD
FC38. 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 4th CIVIL DEGREE

2. Between STEP-PARENTS and STEP-CHILDREN
3. Between PARENTS-IN-LAW and CHILDREN-IN-LAW
4. Between ADOPTING PARENTS 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.
8.
9.

Between an ADOPTED CHILD and LEGITIMATE CHILD of the

ADOPTER
Between ADOPTED CHILDREN of the SAME ADOPTER
Between PARTIES, WHERE ONE,

WITH THE INTENTION TO MARRY THE OTHER,

KILLED THAT OTHER PERSONS SPOUSE or

KILLS HIS or HER OWN SPOUSE

EXEMPTION:

unless there is a JUDGEMENT:

1. ANNULLING the PREVIOUS
MARRIAGE or
2. DECALRING it VOID AB INITIO

FC39. The ACTION or DEFENSE for the DECLARATION of ABSOLUTE

NULLITY of a MARRIAGE shall NOT PRESCRIBE
FC40. The ABSOLUTE NULLITY of a PREVIOUS MARRIAGE may be
INVOKED for PURPOSES of:

CONTRACTING a SUBSEQUENT MARRIAGE

o on the basis SOLELY of:

a FINAL JUDGEMENT DECLARING SUCH

PREVIOUS MARRIAGE VOID
FC41(1). A marriage contracted by any person DURING THE
SUBSISTENCE OF A PREVIOUS MARRIAGE shall be:

NULL and VOID,

o EXEMPTION:

Unless BEFORE the CELEBRATION of the

SUBSEQUENT MARRIAGE:

the PRIOR SPOUSE had BEEN ABSENT

for 4 CONSECUTIVE YEARS and

the SPOUSE PRESENT had a WELLFOUNDED BELIEF that:

o the ABSENT SPOUSE was
ALREADY DEAD.
In case of DISAPPEARANCE where there is DANGER OF DEATH under
the circumstances SET FORTH in the provisions of NCC391 of the Civil
Code:

an ABSENCE of ONLY 2 YEARS shall be sufficient

FC41(2). For the purposes of CONTRACTING THE SUBSEQUENT
MARRIAGE under the preceding paragraph:

the SPOUSE PRESENT must:

o 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
FC42(1). The SUBSEQUENT MARRIAGE referred to in the PRECEEDING
ARTICLE shall be:

AUTOMATICALLY TERMINATED by:

o the RECORDING OF THE AFFIDAVIT of REAPPEARANCE
of the ABSENT SPOUSE

FC42(2). A SWORN STATEMENT of:

the FACT and CIRCUMSTANCES of REAPPEARANCE shall be:

o
RECORDED in the CIVIL REGISTRY of the RESIDENCE
of the PARTIES to the SUBSEQUENT MARRIAGE at:

The INSTANCE OF ANY INTERESTED PERSON,

with DUE NOTICE to the SPOUSES of the

SUBSEQUENT MARRIAGE and

WITHOUT PREJUDICE to the FACT of

REAPPEARANCE being JUDICIALLY
DETERMINED in CASE SUCH FACT IS DISPUTED
FC43. The termination of the subsequent marriage referred to in the
preceding Article shall produce the following effects:
1. CHILDREN of the SUBSEQUENT MARRIAGE

CONCEIVED PRIOR to ITS TERMINATION shall be:

CONSIDERED LEGITIMATE

and their CUSTODY and SUPPORT in case of

DISAGREEMENT:
shall be DECIDED by the COURT in a PROPER
PROCEEDING
2. The ABSOLUTE COMMUNITY of PROPERTY or the CONJUGAL
PROPERTY, AS THE CASE MAY BE, shall be:

DISSOLVED and LIQUIDATED,

but IF EITHER SPOUSE CONTRACTED SAID MARRIAGE in BAD
FAITH:
a) his or her SHARE of the NET PROFITS of the
COMMUNITY PROPERTY or CONJUGAL PARTNERSHIP
PROPERTY shall be:
o FOREFEITED in favor of
i.
the CHILDREN

or IF THERE ARE NONE:

ii.
the CHILDREN of the GUILTY SPOUSE by
a PREVIOUS MARRIAGE

or in DEFAULT OF CHILDREN:
iii.
the INNOCENT SPOUSE
3. DONATIONS by REASON OF MARRIAGE shall:

REMAIN VALID,

4.

5.

Except that: IF THE DONEE CONTRACTED the marriage in BAD

FAITH:

such DONATIONS MADE TO said DONEE ARE REVOKED

by OPERATION of LAW
The INNOCENT SPOUSE may REVOKE the DESIGNATION of the
OTHER SPOUSE as BENEFICIARY in ANY INSURANCE POLICY,

even if SUCH DESIGNATION be STIPULATED as

IRREVOCABLE; and
The SPOUSE WHO CONTRACTED the SUBSEQUENT MARRIAGE
IN BAD FAITH shall:

be DISQUALIFIED to INHERIT from the INNOCENT

SPOUSE by TESTATE and INTESTATE SUCCESSION

3.

4.

5.
FC44. 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:
o REVOKED by OPERATION OF LAW
FC45. A marriage MAY BE ANNULED for any of the following causes,
EXISTING AT THE TIME OF THE MARRIAGE:
1. That the PARTY IN WHOSE BEHALF IT IS SOUGHT TO HAVE
THE MARRIAGE ANNULLED was:

18 years of age BUT BELOW 21

and the MARRIAGE WAS SOLEMNIZED WITHOUT

CONSENT of the:
o PARENTS,
o GUARDIANS or
o PERSON
HAVING
SUBSTITUTE
PARENTAL
AUTHORITY OVER THE PARTY

IN THAT ORDER

RATIFICATION:
o Unless AFTER ATTAINING THE AGE OF 21:

Such party FREELY COHABITED with the

other and

BOTH LIVED TOGETHER as HUSBAND

and WIFE
2. That EITHER PARTY was of UNSOUND MIND,

RATIFICATION:
o Unless such party AFTER COMING TO REASON,
FREELY COHABITED with the OTHER as
HUSBAND and WIFE,

6.

That the CONSENT of EITHER PARTY was OBTAINED by FRAUD

RATIFICATION:
o Unless such party AFTERWARDS, WITH FULL
KNOWLEDGE of the FACTS CONSTITUTING THE
FRAUD, FREELY COHABITED with the other as
HUSBAND and WIFE
That the CONSENT of EITHER PARTY was OBTAINED by:
a. FORCE
b. INTIMIDATION or
c. UNDUE INFLUENCE

RATIFICATION:
o Unless the same HAVING DISAPPEARED or
CEASED, such party THEREAFTER FREELY
COHABITED with the other as HUSBAND and
WIFE
That EITHER PARTY was PHYSICALLY INCAPABLE of
CONSUMMATING the MARRIAGE with the other, and such
incapacity CONTINUES and APPEARS TO BE INCURABLE; or
That EITHER PARTY was AFFLICTED with a SEXUALLY
TRANSMITTED DISEASE found to be SERIOUS and appears to be
INCURABLE

FC46(1). Any of the following circumstances shall CONSTITUTE AS

FRAUD referred to in Number 3 of the preceding Article:
1. NON-DISCLOSURE of a PREVIOUS CONVICTION by FINAL
JUDGEMENT of the OTHER PARTY of a CRIME INVOLVING
MORAL TURPITUDE
2. CONCEALMENT BY THE WIFE, of the FACT that AT THE TIME
OF THE MARRIAGE, she WAS PREGNANT BY A MAN OTHER
THAN HER HUSBAND;
3. CONCEALMENT of a SEXUALLY TRANSMISSIBLE DISEASE

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
FC46(2). No OTHER MISREPRESENATION or DECEIT as to:
1. CHARACTER
2. HEALTH
3. RANK
4. FORTUNE or
5. CHASTITY

shall CONSTITUTE SUCH FRAUD as will GIVE GROUNDS for

ACTION for the ANNULMENT of MARRIAGE

FC47. The ACTION FOR ANNULMENT OF MARRIAGE MUST BE FILED

by the FOLLOWING PERSONS and WITHIN THE PERIODS INDICATED
herein:
1.

2.

3.

For causes mentioned in

CONSENT):
By the PARTY WHOSE
PARENT OR GUARDIAN
DID NOT GIVE HIS or HER
CONSENT or
By the PARENT OR
GUARDIAN or PERSON
HAVING LEGAL CHARGE
of the MINOR,

number

of

FC45

(WITHOUT

within 5 YEARS AFTER

ATTAINING the age of 21
at ANY TIME BEFORE
SUCH PARTY has
REACHED the AGE of 21

For causes mentioned in number 2 of FC45 (UNSOUND MIND):

By the SPOUSE WHO HAD
NO KNOWLEDGE OF THE
OTHERS SANITY or
at ANY TIME BEFORE THE
By ANY RELATIVE
DEATH OF EITHER PARTY
GUARDIAN or PERSON
HAVING LEGAL CHARGE
OF THE INSANE,
DURING A LUCID
By the INSANE SPOUSE
INTERVAL or AFTER
REGAINING SANITY
For causes mentioned
THROUGH FRAUD):

in

By the INJURED PARTY

number

of

FC45

(OBTAINED

within 5 YEARS AFER THE

DISCOVERY OF THE
FRAUD

4.

For causes mentioned in number 4 of FC45 (OBTAINED

THROUGH FORCE, INTIMDATION, UNDUE INFLUENCE):
within 5 YEARS from the
TIME THE FORCE,
By the INJURED PARTY
INTIMIDATION OR UNDUE
INFLUENCE DISAPPEARED
or CEASED

5.

For causes mentioned in number 5 and 6 of FC45 (PHYSICALLY

INCAPABLE OF CONSUMMATING STD):

By the INJURED PARTY

within 5 YEARS AFER THE

MARRIAGE

FC48(1). In cases of ANNULMENT or DECALARATION OF ABSOLUTE

NULLITY OF MARRIAGE, the COURT shall

ORDER
the
PROSECUTING
ATTORNEY
or
FISCAL
ASSIGGNED to it to:
o APPEAR ON BEHALF OF THE STATE to

TAKE STEPS to

PREVENT COLLUSION between the

PARTIES and

to TAKE CARE that EVIDENCE is not

FABRICATED or SUPPRESSED
FC48(2). In cases referred to in the preceding paragraph:

NO JUDGEMENT SHALL BE BASED UPON:

o a STIPULATION OF FACTS or
o CONFESSION OF JUDGEMENT
FC49. During the PENDENCY of the ACTION and IN THE ABSENCE of
ADEQUATE PRVOVISIONS in a WRITTEN AGREEMENT between the
SPOUSES:

The Court shall:

o PROVIDE for:
1. SUPPORT OF THE SPOUSES and
2. The CUSTODY and SUPPORT of THEIR COMMON
CHILDREN

The Court shall:

o give PARAMOUNT CONSIDERATION to the:
1. MORAL and MATERIAL WELFARE of SAID
CHILDREN and
2. THEIR CHOICE of the PARENT with whom they
WISH TO REMAIN as provided for in Title IX

It shall also:
o Provide for appropriate VISITATION RIGHTS of the parent
FC50(1). The EFFECTS PROVIDED FOR in paragraphs 2, 3, 4, and 5, of
FC43 and in FC44 shall ALSO APPLY in PROPER CASES to marriage
which are declared VOID AB INITIO or ANNULED by FINAL
JUDGEMENT under FC40 and FC45.

FC50(2). The FINAL JUDGEMENT in such cases shall provide for:

1. the LIQUIDATION

2.
3.
of the
1.
2.
unless:

PARTITION and
DISTRIBUTION

be considered as ADVANCES ON THEIR LEGITIME

COMMON CHILDREN and

the DELIVERY OF THEIR PRESUMPTIVE LEGITIMES
such matters had been ADJUDICATED in PREVIOUS JUDICIAL
PROCEEDINGS

FC50(3). All CREDITORS of

1. the SPOUSES as well as
2. of the ABSOLUTE COMMUNITY or
3. the CONJUGAL PARTNERSHIP

shall be:
o NOTIFIED of the proceedings for liquidation
FC50(4). In the PARTITION:

The CONJUGAL DWELLING and the LOT ON WHICH IT IS

SITUATED, shall be:
o ADJUDICATED in ACCORDANCE with the provisions of
FC102 and 129
FC51(1). In said partition:

the VALUE OF PRESUMPTIVE LEGITIMES of ALL COMMON

CHILDREN,
o
COMPUTED as of the date of the final judgment of the
trial court, shall be:

DELIVERED IN:
1. CASH,
2. PROPERTY or
3. SOUND SECURITIES,

Unless the parties, BY MUTUAL AGREEMENT,

JUDICIALLY APPROVED:
o had already provided for such matters.
FC51(2). The
1. CHILDREN or
2. THEIR GUARDIAN or
3. the TRUSTEE OF THEIR PROPERTY
may:
o ASK FOR THE ENFORCEMENT OF THE JUDGEMENT.
FC51(3). The DELIVERY OF PRESUMPTIVE LEGITIMES herein
prescribed shall:

in no way PREJUDICE the ULTIMATE SUCCESSIONAL RIGHTS of

the children
o 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:

FC52. The JUDGEMENT of

1. ANNULMENT or of
2. ABSOLUTE NULLUTY OF THE MARRIAGE

the PARTITION and DISTRIBUTION of the PROPERTIES

OF THE SPOUSES and

the DELIVERY of the children's PRESUMPTIVE

LEGITIMES shall:
o be RECORDED in the APPROPRIATE CIVIL
REGISTRY and REGISTRIES OF PROPERTY;

otherwise, the same shall NOT AFFECT third persons

FC53. Either of the FORMER SPOUSES may:

MARRY AGAIN after compliance with:

o the requirements of the immediately preceding Article;

otherwise, the subsequent marriage shall:

o be null and void
FC54. Children conceived or born before the judgment of:
1. annulment or
2. 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:

o likewise be legitimate

2.
3.

4.
LEGAL SEPARATION
FC55. A petition for LEGAL SEPARATION may be filed on any of the
following GROUNDS:
1. REPEATED PHYSICAL VIOLENCE and GROSSLY ABUSIVE
CONDUCT by the RESPONDENT DIRECTED AGAINST:
a. The PETITIONER
b. a COMMON CHILD or
c. a CHILD OF THE PETITIONER
2. PHYSICAL VIOLENCE or MORAL PRESSURE to:

COMPEL the PETITIONER to:

o change RELIGIOUS or POLITICAL AFFILIATION
3. ATTEMPT by the RESPONDENT to CORRUPT or INDUCE the:
a. PETITIONER
b. a COMMON CHILD or
c. a CHILD OF THE PETITIONER

to ENGAGE in PROSTITUTION or

CONNIVANCE in SUCH CORRUPTION or INDUCEMENT

4. FINAL JUDGEMENT sentencing the RESPONDENT to

a SENTENCE of MORE THAN 6 YEARS, EVEN IF

PARDONED
5. DRUG-ADDICTION or HABITUAL ALCOHOLISM of the
RESPONDENT
6. HOMOSEXUALITY or LESBIANISM of the RESPONDENT
7. CONTRACTING by the RESPONDENT of a SUBSEQUENT
BIGAMOUS MARRIAGE,

Whether in the Philippines or abroad

8. SEXUAL INFIDELITY or PERVERSION
9. ATTEMPT by

the RESPONDENT AGAINST

o the LIFE of the PETITIONER
10. ABANDONMENT of:

PETITIONER by:
o the RESPONDENT

WITHOUT JUSTIFIABLE CAUSE for

MORE THAN 1 YEAR

FC56. The petition for legal separation shall be denied on any of the
following grounds:
1. Where the aggrieved party has CONDONED the:

offense or act complained of;

5.
6.
FC57.

FC58.

Where

Where

the aggrieved party has CONSENTED to:

the commission of the offense or act complained of;
there is CONNIVANCE between:
the parties in
o the commission of the offense or
o act constituting the ground for legal separation;
Where BOTH PARTIES HAVE GIVEN GROUND for legal
separation;
Where there is COLLUSION between the parties to:

Obtain the decree of legal separation; or

Where the ACTION IS BARRED by prescription
An action for legal separation shall be
filed within five years from
the time of the occurrence of the cause
An action for legal separation shall in no case:
be tried before six months shall have elapsed since
o the filing of the petition

FC59. No legal separation may be decreed unless:

o the Court has taken steps toward:
o the reconciliation of the spouses and
o is fully satisfied, despite such efforts, that

reconciliation is highly improbable

FC60(1). No decree of legal separation shall
o be based upon a stipulation of facts or
o a confession of judgment.
FC60(2). In any case, the Court shall
o order the prosecuting attorney or
o fiscal assigned to it to
o take steps to

prevent collusion between the parties and

to take care that the evidence is not

fabricated or

suppressed
FC61(1). After the filing of the petition for legal separation,
o the spouses shall be entitled to
o live separately from each other.
FC61(2). The court, in the absence of
o a written agreement between the spouses, shall
o designate either of them or
o a third person to

administer the absolute community or conjugal

partnership property.
o The administrator appointed by the court shall

have the same powers and duties as those of a guardian

under the Rules of Court

FC62. During the pendency of the action for legal separation,

o the provisions of Article 49 shall
o likewise apply to

the support of the spouses and

the custody and support of the common children

recorded in the registries of property in the places

where the properties are located.
Alienations, liens and encumbrances
o registered in good faith
o before the recording of the complaint for revocation in
o the registries of property shall be respected.
The revocation of or change in the designation of the insurance
beneficiary shall
o take effect upon written notification thereof to the
insured.

FC64(2). The action to revoke the donation under this Article must
o be brought within five years from the time the decree of legal
separation become final

FC63. The decree of legal separation shall have the following effects:
1. The spouses shall
o be entitled to live separately from each other,
o but the marriage bonds shall not be severed;
2. The absolute community or the conjugal partnership shall
o be dissolved and liquidated
o but the offending spouse shall have no right to
o 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
o be awarded to the innocent spouse, subject to the
provisions of Article 213 of this Code; and
4. The offending spouse shall be
o disqualified from inheriting from the innocent spouse by
intestate succession.
o Moreover, provisions in favor of the offending spouse
made in
o the will of the innocent spouse shall

be revoked by operation of law

FC64(1). After the finality of the decree of legal separation,
o the innocent spouse may
o revoke the donations made by him or by her in favor of the
offending spouse, as well as
o the designation of the latter as beneficiary in any
insurance policy,
o even if such designation be stipulated as irrevocable.
o The revocation of the donations shall be

FC65. If the spouses should reconcile,

o a corresponding joint manifestation under oath
o duly signed by them shall
o be filed with the court in the same proceeding for legal
separation

FC66. 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.
FC67. 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 debtor-spouse
has sufficient separate properties to satisfy the creditor's claim

LISTS