CHAPTER 1

EFFECT AND APPLICATIONS OF LAWS

Article 1. This act shall be known as Civil Code of the Philippines.

Article 2. Laws shall take effect after 15 days following the completion of their publication in the
official gazette, unless it is otherwise provided. This Code shall take effect one year after publication.

 What requires publication

1. Presidential Decrees 
2. Laws which refer to all statutes, including local and private laws
3. Administrative Rules and Regulations where purpose is to enforce/implement existing law
pursuant to a valid delegation
4. Charter of a City
5. Circulars issued by the Monetary Board where purpose is not merely to interpret but to fill
in the details of the Central Bank Act
6. Circulars and Regulations which prescribe a penalty for its violation (People vs. Que Po Lay,
G.R. No. L-6791, March 29, 1954)
 Publication not required.
1. Executive Orders
2. Interpretative regulations and those internal in nature, regulating only the personnel of the
administrative agency.
3. Letters of Instructions issued by administrative superiors on rules/guidelines to be followed
by subordinates in the performance of their duties (Tañada vs. Tuvera, ibid).
4. Note: Date of effectivity of Municipal Ordinances is NOT covered by this rule but by the
Local Government Code. (Tañada vs. Tuvera, supra).

Article 3. Ignorance of the law excuses no one from compliance therewith.

 Conclusive Presumption – every person is presumed to know the law even if they have no actual
knowledge of the law (Tanada v. Tuvera, 146 SCRA 446)
 Applies only to mandatory and prohibitory laws. 
 Does not apply to foreign laws because there is no judicial notice of such foreign laws; it must be
proved like any other matter of fact (Ching Huat vs. Co Heong L-1211, January 30, 1947).
 Ignorance of the law vs. Mistake of fact. Mistakes in the application or interpretation of difficult
or doubtful provisions of law may be the basis of good faith and has been given the same effect
as a mistake of fact, which may excuse one from the legal consequences of his conduct (Art.
526, 2155, NCC).

Article 4. Laws shall have no retroactive effect, unless the contrary is provided.

 Exceptions to the General Rule.

1. When the law expressly provides for retroactivity (ex. Art. 256, FC)
2. when the law is curative or remedial (Government v. Mun. Of Binalonan, 32 Phil 634)
3. When the law is procedural
 4. When the law is penal in character and is favorable to the accused (ex: Art. 22, RPC in rel to
Art. 65 on habitual delinquency)
 Exceptions to the Exception
1. Ex Post Facto Laws
2. Laws that impair obligation of contracts (Asiatic Petroleum vs. Llanes, G.R. No. L-25386,
October 20, 1926)
3. When the offender is a habitual delinquent (Art. 62, RPC)

Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorized their validity.

 Mandatory provision of law is one of which renders the proceeding or acts to which it related
generally illegal or void. Ex. Family Code. The husband in order to impugn the legitimacy of a
child, must file a case within 1 year from the knowledge of the birth of the child or its recording
in the civil register, if he should live within the same municipality where the birth took place or
was recorded. If filed beyond the 1 year period, the case will be dismissed.
 Prohibitory laws are those which contains positive prohibitions and are couched in the negative
terms importing that the act required shall not be done otherwise than designated.

Article 6. Rights may be waived, unless the waiver is contrary to law, public policy, morals or good
customs, or prejudicial to a third person with a right recognized by law.

 Waiver is the intentional relinquishment of a known right. Waivers are not presumed but must
be clearly and convincingly shown either by express stipulation or acts admitting no other
reasonable explanation. It is essential that a right in order that it may validly waived must be in
existence at the time of the waiver and it must be exercised by a duly capacitated person
actually possessing the right to make a waiver.
 Prohibition against waiver Examples
 Gongon vs. CA, SC held that the preferential rights of tenants to purchase public lands cannot be
validly waived as such waiver was against public policy.
 Since marriage is a social institution greatly affected by public interest and a purity of which is a
basic concern of a state, a private agreement between a husband a wife providing that they can
consent or allow adultery or concubinage by the other spouse, as the case may be, thereby
waiving their rights to live with each other, is a void agreement or a void waiver of rights same
the same is contrary to public interests and morals.
 Requisites of a valid waiver
1. Full capacity to make the waiver.
2. Waiver must be unequivocal
3. Right must exist at the time of the waiver
4. It must not be contrary to law, public policy, morals or good customs or prejudicial to a third
person with a right recognized by law.
5. When formalities are required, the same must be complied with. 
 Exceptions.
1. Waiver is contrary to law, public order, public policy, morals or good customs
 Ex: the law does not consider as valid any agreement to receive less compensation
than the worker is entitled under the law (Franklin Baker Corp. V. Alillana, 21 SCRA
1247)
2. If the waiver is prejudicial to a third party with a right recognized by law.
If A owes B P10M, B can’t waive the loan if B owes C and B has no other assets.

3. Alleged rights which really do not yet exist, as in the case of future inheritance

4. If the right is a natural right, such as right to be supported.

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not
be excuse by disuse, or custom, or practice to the contrary. When the courts declare law to be
inconsistent with the constitution, the former shall be void and the latter shall govern. Administrative
or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or
constitution.

 Repeal of law is a legislative act of abrogating through a subsequent law the effects of a
previous statute or portions thereof. It can either be express or implied. Implied repeal
takes place when a new law contains provisions contrary to or inconsistent with the
former without expressly repealing them. Express repeal is a repeal which is literally
declared by a new law either in specific terms.
 In deciding constitutionality of a statute, it is presumed valid and should be given
meaning that will not bring them in conflict with the constitution.
 Partial unconstitutionality of statutes. Where a portion of a statute is rendered
unconstitutional and the remainder valid, the parts will be separated and the
constitutional portion upheld.
 Is an IRR Indispensable before a law takes effect?
- In the absence of any constitutional or statutory infirmity, which may concern Sections
30 and 36 of the Revised Securities Act, this Court upholds these provisions as legal and
binding. It is well settled that every law has in its favor the presumption of validity.
Unless and until a specific provision of the law is declared invalid and unconstitutional,
the same is valid and binding for all intents and purposes.  
The mere absence of implementing rules cannot effectively invalidate provisions of law,
where a reasonable construction that will support the law may be given. (SEC v.
Interport Resources Corporation (G.R. No. 135808, 6 October 2008)

Article 8. Judicial decisions applying or interpreting the laws or constitutions shall form part of the
legal system of the Philippines.

 Judicial decisions of the Supreme Court are authoritative and precedent-setting while those of
the inferior courts and the CA are merely persuasive.
 DOCTRINE OF STARE DECISIS enjoins adherence to judicial precedents and is based on the
principle that once a question of law has been examined and decided, it should be deemed
settled and closed to further argument.
 Judicial decisions, although in themselves not laws, assume the same authority as the statute
itself (People vs. Licera G.R. No. L-39990, July 2, 1975).
  HOWEVER, when a doctrine is overruled and a different view is adopted, the new doctrine
should be applied prospectively and should not prejudice parties who relied on the old doctrine
(People v. Jabinal G.R. No. L-30061, February 27, 1974).

Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws.

 Judges are tasked with the dispensation of justice in accordance with the constitutional precept
that no person shall be deprived of life, liberty and property without due process of laws. He
must preside with equity fairness and a sense of justice.

Article 10. In case of doubt in the interpretation of the laws, it is presumed that the lawmaking body
intended right and justice to prevail.

 Verba Legis Rule. The "plain meaning rule" or verba legis in statutory construction is that if the
statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied
without interpretation.


Article 11. Customs which are contrary to law, public order or public policy shall not be countenanced.

Article 12. A custom must be proved as a fact, according to the rules of evidence.

 Customs is a rule of conduct formed by repetition of acts, uniformly observed as a social rule,
legally binding and obligatory.
 Customs is a Rules of conduct formed by repetition of acts uniformly observed as a social rule.
They are legally binding and obligatory.
 General Rule: Customs must be proved as a fact according to the rules of evidence.
 Exception: A court may take judicial notice of a custom if there is already a decision rendered by
the same court recognizing the custom.
 Requisites to Make a Custom an Obligatory Rule:
1. Plurality or repetition of acts;
2. Practiced by the great mass of the social group
3. Continued practice for a long period of time;
4. The community accepts it as a proper way of acting, such that it is considered as obligatory
upon all.
 Juridical vs. Social Custom. The former can supplement statutory law or applied in the absence
of such statute. Not so with the latter.(Sta. Maria, p.19)
 Customs, even if proven, cannot prevail over a statutory rule or even a legal rule enunciated by
the SC.

Article 13. When the law speaks of years, months, days or nights, it shall be understood that years are
of 365 days each, months of 30 days, days of 24 hours, and night is from sunset to sunrise. If months
are designated by their name, they shall be computed by the number of days which they respectively
have. In computing a period, the first day shall be excluded and the last day included.
  Ex. If the law provides that a particular tax shall be paid in January 1998, it means anytime
within the 31 days of January.
 Hence, if a law states that a particular statute is to be effective on the 20 th days from its
publication and such publication was made on February 3, 1998, then the law shall be effective
on February 23, 1998. The first which is February 3 is excluded and the last day which is
February 23 in included.
 Exception: Rule does NOT apply to computation of age where each year is counted based on
birth anniversary.
 How to count the period?
● On November 1, 2021, your lawyer received the judgment of the RTC in a case where you were
the accused finding you guilty of violating Sec. 11 of RA 9165. You have 15 days to file your
appeal.
1. When is the last day of filing your appeal?
2. If the last day of the appeal happened to be a Friday and a holiday, and you filed your appeal on
the next working day, did the decision become final?
 Policy is the last day is Sunday or a legal holiday
1. If the act to be performed within the period is prescribed or allowed (1) by the Rules of
Court, (2) by an order of the court, or (3) by any other applicable statute, the last day will
automatically be considered the next working day.  
2. If the act to be performed within the period arises from a contractual relationship, the act
will become due despite the fact that the last day falls on a Sunday or Holiday.

Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public international law and treaty
stipulations.

 Exception. While foreigners may be liable for committing offenses in violation of penal laws and
those of public safety and security, they may however immune from suit and cannot be
criminally prosecuted in the Philippines in certain cases where the Philippine government has
waived its criminal jurisdiction over them on the basis of the principles of public international
law treaty stipulations.
 Heads of state who are officially visiting in the Philippines are immune from Philippine criminal
jurisdiction.

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines, even though living abroad.

 Ex. A Filipino, regardless of whether he or she is married here or abroad, initiates for a petition
of divorce from his wife or her husband whether Filipino or not, and successfully obtained
divorce, the Philippines will not recognise such divorce. Article 26 of the Family Code, the only
absolute divorce the Philippine recognizes is one which is procured by the alien spouse of a
Philippine citizen. Hence, in the eyes of the law his or her status is still married or should he
marry again, he or she can be considered committed concubinage in case of husband and
adultery in case of wife.
  Nationality principle

Article 16. Real property as well as personal property is subject to the law of the country where it is
situated.

However, intestate and testamentary successions, both with respect to the order of
successions and to the amount of successional rights and to the intrincic validity of testamentary
provisions shall be regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and regardless of the country wherein said
property may be found.

 Lex rae sitae

Article 17. The forms and solemnities of contracts, wills and other public instruments shall be
governed by the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the
Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be
governed.

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
judgment promulgated or by the determinations or convictions agreed upon in a foreign country.

 Intrinsic validity ex. If in japan, it is required that for a holographic will to be valid the date
thereof need not be in the handwriting of the testator, “then” such a will is valid even if under
Philippine laws the contents of a holographic will, including the date, must all be in the
handwriting of the testator.
 Acts before diplomatic and consular offices. This is so, because the host country where such
diplomatic or consular officials are assigned, by rules of international law, waves its jurisdiction
over the premises of the diplomatic office of another country located in the said host country.
Thus the issuance of the marriage license and the duties of the local civil registrar and the
solemnizing officer with regard to the celebration of the marriage shall be performed by a
consul-general, consul, or vice consul abroad.
 Prohibitive Laws. Thus in a case where a Filipina wife obtained a divorce abroad and later
remarried an American, the Filipino husband in the Philippines can file a legal separation case
against the wife for having technically committed adultery, considering that absolute divorce is
not recognized in the Philippines.
 Conflict of Laws - That part of municipal law of a state which directs its courts and
administrative agencies, when confronted with a legal problem involving a foreign element,
whether or not they should apply a foreign law/s (Paras)
 Ex. Of a situation involving foreign element
1. Francis Albert, a citizen and resident of New Jersey, U.S.A., under whose law he was still a
minor, being only 20 years of age, was hired by ABC Corporation of Manila to serve for two
years as its chief computer programmer. But after serving for only four months, he resigned
to join XYZ Corporation, which enticed him by offering more advantageous terms. His first
employer sues him in Manila for damages arising from the breach of his contract of
 employment. He sets up his minority as a defense and asks for annulment of the contract on
that ground. The plaintiff disputes this by alleging that since the contract was executed in
the Philippines under whose law the age of majority is 18 years, he was no longer a minor at
the time of perfection of the contract. Decide the case.
2. Miss Universe, from Finland, came to the Philippines on a tourist visa.  While in this country,
she fell in love with and married a Filipino doctor. Her tourist visa having been expired and
after the maximum extension allowed therefore, the Bureau of Immigration and
Deportation (BID) is presently demanding that she immediately leave the country but  she 
refuses  to do  so,  claiming  that she  is  already  a Filipino Citizen by her marriage to a
Filipino citizen.  Can the BID still order the deportation of Miss Universe? Explain.
3. Juan is a Filipino citizen residing in Tokyo, Japan. State what laws govern:
a. His capacity to contract marriage in Japan, 5 pts
b. His capacity to buy a residential lot in Japan 5 pts
c. His successional rights as regards his deceased Filipino father’s property in Texas, U.S.A.
 RULE #1. Penal Laws and laws of public safety and security (Article 14)
Territoriality rule - governs regardless of the nationality but subject to principles of international
law and to treaty stipulations.
 #2. Laws relating to family rights and duties, or to status, condition and legal capacity of
persons.
Nationality rule applies regardless of their place of residence.
Exception: Divorce validly obtained abroad by alien spouse capacitating him or her to remarry,
the Filipino spouse shall have capacity to remarry under Philippine law. (Article 26 (2) Family
Code)
 Renvoi Doctrine: Occurs when a citizen of another country dies as a domiciliary of another
country. Where the conflict rules of the forum refer to a foreign law, and the latter refers it back
to the internal law, the law of the forum shall apply.
 Transmission Theory: If the foreign law refers it to a third country, the said country’s law shall
govern.
 Doctrine of Processual Presumption. The foreign law, whenever applicable, should be proved
by the proponent thereof; otherwise, such law shall be presumed to be exactly the same as the
law of the forum.
 3. Laws on property (real and personal)
Lex Rei Sitae: The law of the country where the property is situated shall govern property
transactions. (Article 16 (1))
Exception: 1Order and 2amount of successional rights, 3intrinsic validity of testamentary
provisions, and 4capacity to succeed governed by the national law of decedent. (Articles 16 (2)
and 1039)
 4. Laws on forms and solemnities
Lex Loci Celebrationis: Forms and solemnities of contracts, wills, and other public instruments
(extrinsic validity) shall be governed by the laws of the country in which they are executed.
(Article 17)
 Exception. Marriage between Filipinos solemnized abroad shall be void though valid abroad
when void under Philippine laws. (Article 26(1) FC)

 

Article 18. In matters which are governed by the Code of Commerce and special laws, their deficiency
shall be supplied by the provisions of this Code. (16a)

- suppletory nature.

Chapter 2. HUMAN RELATIONS

Article 19. Every person must, in the exercise of his rights and the performance of his duties,
act with justice, give everyone his due and observe honesty and good faith.
 provides a rule of conduct that is consistent with an orderly and harmonious
relationship among men and women.
 norms of human conduct must be observed.
 when a right does not conform with this article and results damage to another, a legal
wrong is committed which the wrongdoer be held responsible.
 Elements of an abuse of right under Article 19 are the ff.
1. There is a legal right or duty
2. Which is exercised in bad faith
3. For the sole intent of prejudicing or injuring another.
 Doctrine of Volenti Non Fit Injuria - (to which a person assents is not esteemed in
law as injury) – refers to self-inflicted injuries or to the consent to injury which
precludes the recovery of damages by one who has knowingly and voluntarily
exposed himself to danger, even if he is not negligent in doing so (Nikko Hotel
Manila Garden, et all vs. Roberto Reyes (Amay Bisaya) G.R. No. 154259, Feb. 28,
2005).
 Damnum Absque Injuria – (damage without injury). A person who exercises his legal
right does no injury. HOWEVER, it cannot be said that a person exercises a right
when he unnecessarily prejudices another or offends morals or good customs.
Article 20. Every person who, contrary to law, wilfully or negligently causes damage to
another, shall indemnify the later for the same.

 Malice or bad faith is at the core of said provision

 Good faith – refers to the state of mind which is manifested by the acts of individual
concerned. It consist of the intention to abstain from taking an unconscionable and
unscrupulous advantage of another.
 Bad faith- a breach of known duty due to some motive or interest or ill-will that
partakes of the nature of fraud.
Article 21. Any person who wilfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for the
damage.

 A seduces the 19 year old daughter of X. A promise of marriage either has not been
made or cannot be proved. The girl becomes pregnant. Under the present laws,
there is no crime since the girl is above 28 years old. Neither can a civil action for
breach of promise of marriage be filed though a grievous moral wrong has been
committed and her family suffered incalculable moral damages. But under this
article, she and her family would have such a right of action.
 Elements of Contra bonus mores
1. There is an act which is legal
2. But which is contrary to morals, good customs, public order or public policy
3. And it is done with intent to injure
Acts Contra Bonus Mores

 While a breach of promise to marry is not actionable (Gashem Shookat Baksh v. CA,
219 SCRA 115) but it has been held that to formally set a wedding and go through and
spend for all the wedding preparations and publicity, only to walk out of it when the
matrimony was about to be solemnized, is a different matter. This is palpably and
unjustifiably contrary to good customs for which the defendant must be held
answerable for damages in accordance with Art. 21. (Wassmer v. Velez, 12 SCRA 649)
 For a married man to force a woman not his wife to yield to his lust (as averred in the
original complaint in this case) constitutes a clear violation of the rights of his victim that
entitles her to claim compensation for the damage caused (G.R. No. 26795 July 31,
1970, CARMEN QUIMIGUING, Suing through her parents, ANTONIO QUIMIGUING and
JACOBA CABILIN, v. FELIX ICAO)
 However, no damages can be recovered under Arts. 19 and 21 where the sexual
intercourse is a product of voluntariness and mutual desire (Hermosisima v. CA, 109
Phil 629)

Articles 19,20,21 are related to each other and under this articles an act which causes
injury to another may be made the basis for an award or damages. There is a common
element in Articles 19 and 21 that is an act must be intentional. However in Article 20,
does not distinguish, that act may be done either wilfully or negligently.
 Kinds of Damages
1. M – Moral damages
2. E- Exemplary damages
3. N – Nominal damages
4. T – Temperate damages
5. A – Actual damages
 6. L – Liquidated damages
 Moral Damages
 Purpose
- Awarded only to enable the injured party to obtain means, diversion or amusement
that will alleviate the moral suffering he has undergone, by reason of defendants
culpable action. (Robleza v. CA, 174 SCRA 354)
Manner of Determination
 No proof of pecuniary loss is necessary. The assessment is left to the discretion of
the court according to the circumstances of each case. However, there must be
proof that the defendant caused physical suffering etc. (Compania Maritima v.
Allied Free Worker’s Union, G.R. No. L-31379, Aug. 29, 1988).
 GR: Factual basis must be alleged. Aside from the need for the claimant to
satisfactorily prove the existence of the factual basis of the damages, it is also
necessary to prove its causal relation to the defendant’s act (Raagas v. Trava, G.R.
No. L-20081, Feb. 27,1968; People v. Manero, G.R. Nos. 86883-85, Jan. 29, 1993).
 Art. 2219. Moral damages may be recovered in the following and analogous cases:
1. (1) A criminal offense resulting in physical injuries;
2. (2) Quasi-delicts causing physical injuries;
3. (3) Seduction, abduction, rape, or other lascivious acts;
4. (4) Adultery or concubinage;
5. (5) Illegal or arbitrary detention or arrest;
6. (6) Illegal search;
7. (7) Libel, slander or any other form of defamation;
8. (8) Malicious prosecution;
9. (9) Acts mentioned in Article 309;
10. (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3
of this article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the action
mentioned in No. 9 of this article, in the order named.
 Exemplary Damages
 Purpose
- Exemplary or corrective damages are intended to serve as a deterrent to
serious wrongdoings. (People v. Orilla, 422 SCRA 620)
 Manner of Determination
1. That the claimant is entitled to moral, temperate or compensatory damages;
and
2. That the crime was committed with 1 or more aggravating circumstances, or
the quasi-delict was committed with gross negligence, or in contracts and
 quasi-contracts the act must be accompanied by bad faith or done in
wanton, fraudulent, oppressive or malevolent manner. No proof of pecuniary
loss is necessary.
 Nominal Damage
 Purpose
- Vindicating or recognizing the injured party’s right to a property that has been
violated or invaded. (Tan v. Bantegui, 473 SCRA 663)
 Manner of Determination
- No proof of pecuniary loss is necessary. Proof that a legal right has been
violated is what is only required. Usually awarded in the absence of proof of
actual damages.
 Temperate Damages
 Purpose
- When the court is convinced that there has been such a loss, the judge is
empowered to calculate moderate damages rather than let the complainant
suffer without redress. (GSIS v. Labung-Deang, 365 SCRA 341)
 Manner of Determination
- May be recovered when the court finds that some pecuniary loss has been
suffered but its amount cannot, from the nature of the case, be proved with
certainty. No proof of pecuniary loss is necessary.
 Actual Damages
 Purpose
- Actual or compensatory damages simply make good or replace the loss caused
by the wrong.
 Manner of Determination
- Claimant must produce competent proof or the best evidence obtainable such
as receipts to justify an award therefore. Actual or compensatory damages
cannot be presumed but must be proved with reasonable certainty. (People v.
Ereno, Feb. 22, 2000)
 Liquidated Damages
 Purpose
- Liquidated damages are frequently agreed upon by the parties, either by way of
penalty or in order to avoid controversy on the amount of damages.
 Manner of Determination
 If intended as a penalty in obligations with a penal cause, proof of actual
damages suffered by the creditor is not necessary in order that the penalty may
be demanded (Art. 1228, NCC). No proof of pecuniary loss is necessary.

Article 22. Every person who through an act or performance by another, or any other
means, acquire or comes in possession of something at the expense of the latter
without just or legal ground, shall return the same to him.
 Unjust Enrichment
- No person can claim what is not validly and legally his or hers.
 Technically, therefore, he should return the rice to Chan Lin, but since even the
latter, again from petitioner-defendant's own testimony above-quoted, was
ready to return the rice to SANDOVAL, and the latter's driver denies that the rice
had been returned by petitioner-defendant cannot be allowed to unjustly enrich
himself at the expense of another by holding on to property no longer belonging
to him (G.R.NO. L-36249 March 29, 1985, ANIANO OBAÑA, vs. COURT OF
APPEALS)
 To order Reyes to simply surrender all of these fruit-bearing trees in favor of the
State -- because the decision in the reversion case declaring that the land is part
of inalienable forest land and belongs to the State is already final and immutable
-- would inequitably result in unjust enrichment of the State at the expense of
Reyes, a planter in good faith. (Republic v. Ballocanag, GR 163794, Nov. 28,
2008)
 Nemo cum alterious detriment locupletari potest – that a person shall not be
allowed to profit or enrich himself inequitably at another’s expense.
 Accion In Rem Verso – action for recovery of what has been paid without just
cause
 Application
1. When someone acquires or comes into possession of something, which
means delivery or acquisition of things; AND
2. Acquisition is undue and at the expense of another, which means without
just or legal ground.
 Requisites
1. Defendant has been enriched;
2. Enrichment is without just or legal ground;
3. Plaintiff has suffered a loss; and
4. He has no other action based on contract, quasi–contract, crime or quasi–
delict.
Article 23. Even when an act or event causing damage to another’s property was not
due to the fault or negligence of the defendant, the latter shall be liable for indemnity
if through the act or event he was benefited.
 Example of unjust enrichment
Without A’s knowledge, a flood drives his cattle to the cultivated highlands of B.
A’s cattles were saved but B’s crops are destroyed. True A was not at fault, but
he was benefitted. It is but right and equitable that he should indemnify B
(Report of the Code Commission, pages 41-42)
 Solutio Indebiti
 - If something is received when there is no right to demand it, and it was unduly
delivered through mistake, the obligation to return it arises. (Art. 2154, CC). 
 Solutio Endibiti vs. Unjust enrichment
- Solutio indebiti refers to the juridical relation which arises whenever a person
unduly delivers a thing through mistake to another who has no right to demand
it.
Requisites
1. There must be a payment or delivery made by one person to another;
2. The person who made the payment or delivery was under no obligation to do
so;
3. The payment or delivery was made by reason of a mistake.
Examples
1. Erroneous payment of interest not due
2. Erroneous payment of rental not called for in view of the expiration of the
lease contract
3. Taxes erroneously given.
Bar Question
C, a Filipino resident of the US sent to his father D in Manila $500 through X
Bank. Due to mistake of the employees of the Bank, D was paid $5,000 instead.
Upon discovery of the mistake, the Bank demanded from D the return of $4,500.
D refused and the Bank sued him. Is the Bank entitled to recover from D? (1980)
Article 24. In all contractual, property or other relations, when one of the parties is at a
disadvantage on account of his moral dependence, ignorance, indigence, mental weakness,
tender age or handicap, the courts must be vigilant for his protection.
 The courts must render justice and therefore, they must be very vigilant in protecting
the rights of the disadvantaged with the end in view that any decision will be in
consonance with what is right and legal.
 Doctrine of PArens Patria. “the government being the protector of the rights of the people
has the inherent supreme power to enforce such laws that will promote the public interest
(Government of the Philippine Islands vs. El Monte de Piedad Y Caja De Ahorras De Manila (G.R.
No. L-9959, Dec. 13, 1916)

Article 25. Thoughtless extravagance in expenses for pleasure or display during a period of
acute public want or emergency may be stopped by an order of the courts at the instance of
any government or private institution.
 Extravagance during emergency. The law seeks to prevent inconsiderate and
ostentatious activities during times of emergency. However, Article 25 specifically
 provides for the entities which are given legal standing to seek an injunction: any
government or private charitable institutions.
Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of
his neighbours and other persons. The following and similar acts, though they may not
constitute a criminal offense, shall produce a cause of action for damages, prevention and
other relief:
1. Prying into the privacy of another’s residence
2. Meddling with or disturbing the private life or family relations of another.
3. Intriguing to cause another to be alienated from his friends.
4. Vexing or humiliating another on account of his religious beliefs, lowly station in life,
place of birth, physical defect, or another personal condition.

 If the statutes insufficiently protect persons from being unjustly humiliated, in short, if
human personality is not properly exalted then the laws are indeed ineffective.
 Project Civil Code – to remedy this grave flaws in the laws.
 In RCPI vs. Verchez, G.R No. 164349, Jnuary 31, 2006, where a family in Sorsorgon sent
a telegram to another member of a family in Manila asking for money for their ailing
mother, and where the telegram company was negligent in failing to send the telegram
on time and in not immediately informing the family of the reason for the delay, thereby
causing filial disturbance on the part of the family as they blamed each other for failing
to respond immediately involving their mother, the Supreme Court awarded damages
on the basis of Article 26 (2) of the Civil Code considering that the act or omission of the
telegraph company disturbed the peach of mind of the family.
Article 27. Any person suffering material or moral loss because a public servant or employee
refuses or neglects, without just cause, to perform his official duty may file an action for
damages and other relief against the latter, without prejudice to any disciplinary
administrative action that may be taken.
 In Ledesma vs. CA, on the basis of Art. 27 of the Civil Code, damages were awarded to a
student who honestly earned honors only to be denied the award by the president of a
state college who acted in bad faith
 In Vda. De Laig v. CA, 82 SCRA 294, where the ROD assisted in the fraudulent
procurement of a certificate of title in violation of the Land Registration Act, the SC held
that he was liable for damages under Art. 27.
Article 28. Unfair competition in agricultural, commercial and industrial enterprise or in labor
through the use of force, intimidation, deceit, machination or any other unjust, oppressive or
highhanded method shall give rise to a right of action by the person who thereby suffers
damage.
Article 29. When the accused on criminal prosecution is acquitted on the ground that his guilt
has not been proved beyond reasonable doubt, a civil action for damages for the same act or
omission may be instituted. Such action requires only a preponderance of evidence. Upon
motion of the defendant, the court may require the plaintiff to file a bond to answer for
damages in case the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the
court shall so declare. In the absence of any declaration to that effect, it may be inferred from
the text of the decision whether or not the acquittal is due to that ground.
 It is true that said decision likewise contains no express declaration that the acquittal of
the defendant was based upon reasonable doubt. Whether or not, however, the
acquittal is due to that ground may, under the above quoted provision of Article 29 of
the Civil Code, be inferred from the text of the decision (Mendoza v. Alcala, 2 SCRA
1032)

Article 30. When a separate civil action is brought to demand civil liability arising from a
criminal offense, and no criminal proceedings are instituted during the pendency of the civil
case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.
 Even if the civil obligation arose from a criminal offense, the required quantum of
evidence in a civil suit to claim such civil obligation is not proof beyond reasonable
doubt but merely preponderance of evidence
Article 31. When the civil action is based on obligation not arising from the act or omission
complained of as a felony, such civil action may proceed independently of the criminal
proceedings and regardless of the result of the latter.
 Independent civil actions are those which arose from the same criminal acts such as
those in Arts. 32, 33 and 34 and Art. 2176 (see Rule 111, Sec. 3)
 Independent civil actions granted by law.
o Breach of constitutional and other rights (Art. 32)
o Defamation, fraud, physical injuries (Art. 33)
o Refusal or failure of city or municipal police to give protection (Art. 34)
o Quasi-delict or culpa-aquiliana (Art.2176)

 Ex. Is quasi-delict which is governed by articles 2176 to 2194 of the NCC. It also applies
to culpa contractual. This provision evidently refers to civil action based, not on the act
or omission charges as a felony in a criminal case, but to one based on an obligation
arising from the other sources such as law or contract.
  Ex. Is when the driver is acquitted of reckless imprudence resulting to homicide and
multiple injuries because guilt is not proven, aggrieved parties may file for civil action for
failure of the said company to carry the passengers safely to their destination.
Article 32. Any public officer or employee or any private individual who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and
liberties of another person shall be liable to the latter for damages:

(1) Freedom of religion;

(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one’s person, house, papers, and effects against unreasonable
searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to
law;
(13) The right to take part in a peaceable assembly to petition the Government for redress of
grievances;
(14) The right to be free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witness
in his behalf;
(17) Freedom from being compelled to be a witness against one’s self, or from being forced to
confess guilt, or from being induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is
imposed or inflicted in accordance with a statute which has not been judicially declared
unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant’s act or omission
constitutes a criminal offense, the aggrieved party has a right to commence an entirely
separate and distinct civil action for damages, and for other relief. Such civil action shall
proceed independently of any criminal prosecution (if the latter be instituted), and may be
proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission
constitutes a violation of the Penal Code or other penal statute.
 Separate civil action for the violation of constitutional rights.
The creation of an absolutely separate and independent civil action for the violation of
civil liberties is essential for the maintenance of democracy for these reasons:
1. In most cases, the threat to freedom originates from abuse of power of government
officials and peace officers
2. Even when the prosecuting attorney filed a criminal complaint the requirement of proof
beyond reasonable doubt often prevented the appropriate punishment
3. Direct and open violations of the penal code trampling upon the freedoms named are
not so frequent as those subtle, clever and indirect ways which do not come within the
pale of the penal law .
Article 32. of the Civil Code which renders any public officer or employee or any private
individual liable in damages for violating the Constitutional rights and liberties of another, as
enumerated therein, does not exempt the respondents from responsibility.
 Only judges are excluded from liability under the said article, provided their acts or
omissions do not constitute a violation of the Penal Code or other penal statute. (Aberca
v. Ver, 160 SCRA 590)
 GOOD FAITH OF THE PUBLIC OFFICIAL IS NOT A DEFENSE
Article 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely
separate and distinct from the criminal action, may be brought by the injured party. Such civil action
shall proceed independently of the criminal prosecution, and shall require only a preponderance of
evidence.

 The underlying purpose of the principles under consideration is to allow the citizens to
enforce his rights in a private action brought by him, regardless of the action of the
State attorney (Report of the Code Commission, pp. 46-47)
  They must be understood in their ordinary sense hence fraud can include estafa,
defamation can include libel. Physical injuries can include death or homicide. (Dyogi v.
Yatco, GR L-9263, January 22, 1957)
 But it cannot include reckless imprudence resulting in homicide.
Article 34. When a member of a city or municipal police force refuses or fails to render aid or
protection to any person in case of danger to life or property, such peace officer shall be
primarily liable for damages, and the city or municipality shall be subsidiarily responsible
therefor. The civil action herein recognized shall be independent of any criminal proceedings,
and a preponderance of evidence shall suffice to support such action.
Article 35. When an person, claiming to be injured by a criminal offense, charges another with
the same, for which no independent civil action is granted in this Code or in Special Law, but
the justice of the peace finds no reasonable grounds to believe that a crime has been
committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the
complainant may bring a civil action for damages against the alleges offender. Such civil
action shall be supported by preponderance of evidence. Upon the defendants motion, the
court may require the plaintiff to file a bond to indemnify the defendant in case the
complaint should be found malicious. If during the pendency of the civil action, an
information should be presented by the prosecuting attorney, the civil action shall be
suspended until the termination of the criminal proceedings.
 Civil Action Ex Delicto
GENERAL RULE IN THE INSTITUTION OF CRIMINAL AND CIVIL ACTION EX DELICTO
 The civil action may be filed if the criminal aspect is not instituted (Art. 35)
 The civil action is however suspended, in whatever stage it is, if the criminal
action is subsequently filed.
 Reservation of Civil Action. Rule 111 of the Rules of Court Section 1-5.
Article 36. Prejudicial questions, which ,must be decided before any criminal prosecution may
be instituted or may proceed, shall be governed by the rules of court which the Supreme
Court shall promulgate and which shall not be in conflict with the provisions of this Code.
 Precedence. The general rule is that where both a civil and criminal case arising from
the same facts are files in court, the criminal case takes precedence. A exception to this
general rule would be if their exist prejudicial question which should be resolved first
before action could be taken in a criminal case can be instituted simultaneously such as
provided in Article 33 of the Civil code.
 Prejudicial Question. General Rule: If both criminal and civil cases are filed in court, the
criminal case takes precedence.
 Prejudicial question is one that arises in a case, the resolution of which is a logical
antecedent of the issue involved therein and the cognizance of which pertains to
 another tribunal. The criminal is always suspended because the issues in the civil is
determinative of the outcome of the criminal case.
2 elements
1. The previously instituted civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action.
2. The resolution of such issue determine whether or not the criminal action may proceed.
Ex. The accused was the one intimidated or forced by the second spouse to enter into bigamous
marriage, his consent to the second marriage is involuntary and cannot be the basis of his
conviction for bigamy, in which case, the civil case for annulment of the second marriage is a
prejudicial question to warrant the suspensions of the criminal case for bigamy.
Rule 111 Section 6

CIVIL PERSONALITY
Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is
inherent in every natural person and is lost only through death. Capacity to act, which is the
power to do acts with legal effects, is acquired and may be lost.
 Juridical Capacity and Capacity to act. Juridical capacity is acquired upon the birth of a
person.In fact, there are certain cases when, even an unborn child and merely inside the
womb of a mother is already given a provisional personality which entitles him to be
supported or to receive donation (Article 40, 41, 742, 854). Capacity to act is not
inherent in any person. It is attained or conferred and therefore it can be lost not only
by death but by any valid caused provided by the law.
Article 38. Minority, insanity, or imbecility, the state of being deaf-mute, prodigality and civil
interdiction are a mere restrictions on the capacity to act, and do not exempt the
incapacitated person from certain obligations, as when the latter arises from his acts, or from
property relations, such as easements.
 ● Civil Personality is the aptitude of being the subject, active or passive, of rights and
obligations.
● Juridical Capacity = Civil Personality

Article 39. The following circumstances, among others, modify or limit the capacity to act:
age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations,
alienage, absence, insolvency and trusteeship. The consequence of this circumstances are
governed in this code, other codes, the rules of court and in special laws. Capacity to act is
not limited on account of religious belief or political opinion. A married woman, twenty one
years of age or over, is qualified for acts of civil life, except in cases specified by law.

 Theories on capacity to act. A corporation is an artificial being created by operation of law,

having the right of succession and the powers, attributes and properties expressly authorized by
law or incident to its existence [Sec. 2, Corporation Code].
  Restrictions on capacity to act. Restrictions on Capacity to Act do not exempt the
incapacitated person from certain obligations as when the latter arise from his acts or from
property relations such as easements (Art. 38)
 Minority
 Insanity or imbecility
 State of being deaf mute
 Prodigality
 Civil interdiction
 Meaning of Prodigality. Under our law it may inferred that the acts of prodigality must
show a morbid state of mind and a disposition to spend, waste, and lessen the estate to
such an extent as is likely to expose the family to want of support, or to deprive the
forced heirs of their undisposable part of the estate. (PEDRO MARTINEZ, vs. FRANCISCO
MARTINEZ G.R. No. 445 , March 31, 1902)

NATURAL PERSONS
Article 40. Birth determines personality, but the conceived child shall be considered born for
all purposes that are favourable to it, provided it be born later with the conditions specified
in the following article.
 AT EXACTLY WHAT MOMENT DOES CONCEPTION BEGIN?
https://youtu.be/_5OvgQW6FG4

Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is
completely delivered from the mother’s womb. However, if the foetus had an intra-uterine
life of less than seven months, it is not deemed born if it dies within twenty fours after its
complete delivery from the maternal womb.
 Article 742. Donations made to conceived and unborn children may be accepted by
those persons who would legally represent them if they were already born. (627)
 Article 1025. In order to be capacitated to inherit, the heir, devisee or legatee must be
living at the moment the succession opens, except in case of representation, when it is
proper.
A child already conceived at the time of the death of the decedent is capable of
succeeding provided it be born later under the conditions prescribed in article 41.
 Article 854. The preterition or omission of one, some, or all of the compulsory heirs in
the direct line, whether living at the time of the execution of the will or born after the
 death of the testator, shall annul the institution of heir; but the devises and legacies
shall be valid insofar as they are not inofficious.
If the omitted compulsory heirs should die before the testator, the institution shall be
effectual, without prejudice to the right of representation. (814a)
 The civil personality of the child shall commence from the time of his conception for all
purposes favorable to him, subject to the requirements of Art. 41 of the Civil Code (Art.
5 of PD 603, amending Art. 40 of the CC)
 Concept of “provisional personality”
 A parent cannot invoke the concept of “provisionsl personality” of a conceived
child to obtain damages for and on behalf of an aborted child considering that
the conditions set in Articles 40 and 41 were not met.
 However, the parents can obtain damages in their own right against the doctor
who caused the abortion for the illegal arrest of the normal development of the
spes hominis that is the fetus on acount of the distress and anguish attendant to
its loss and disappointment of parental expectations. The parents however must
be shown not to have consented or aquiesced to the abortion. (Geluz vs. CA, G.R.
No. L-16439, July 20, 1961)
 The conceived child is entitled to support from its progenitor notwithstanding non-
compliance with Art. 41. (Quimiguing v. Icao, 34 SCRA 132)
 When is a child considered born?
 General Rule: For civil purposes, the fetus is considered born if it is alive at the
time it is completely delivered from the mother’s womb.
 Exception: If the fetus had an intrauterine life of less than 7 months, it is NOT
deemed born if it dies within 24 hours after its complete delivery from the
maternal womb (Article 41).

Article 42. Civil personality is extinguished by death. The effect of death upon the rights and
obligations of the deceased is determined by law, by contract or by will.
 In a case where a testator owned 1/6th of a certain property co-owned with other
persons and such testator died making his heirs co-owner of the said 1/6 of the
property, it was held that the said heir co-owners became in turn co-owners of the
other persons relative to the whole property such that when such other persons sold
their share in the co-ownership to a corporation, the heir co-owners shall have the right
of redemption as to the portion not by virtue of their being heirs but by virtue of their
personal rights as co-owners of the whole property.
 The office of the local civil registrar of a municipality or city must also have in its custody
the death certificates of persons who died in its locality.
 Contract, will and the law. The rights and obligations of dead person can still be
regulated by contract, will or the law. Hence, the creditors are given the right to claim
 from the estate of the deceased any obligation due them before the estate can finally
be partitioned in favour of the heirs. Also the testator through an express provision in a
will may disinherit any of his or her heirs under any of the valid grounds provided by
law, thereby in effect controlling the disposition of his properties even after death.
Likewise, any person who show disrespect to the dead or wrongfully interferes with a
funeral, shall be liable to the family of the deceased for damages, material and moral.
 Death puts an end to civil personality
 The effect of death upon the rights and obligations of the deceased is determined by
law, contract and by will. (Butte v. Manuel Uy and Sons, Inc., 4 SCRA 526)
 The rights and obligations of a dead person can still be regulated by contract, will or law
Examples:
 By contract: The estate of the deceased is a legal entity answerable to the
creditors of the deceased
 By will: Disinheritance of an heir
 By law: Disrespect to the dead (Art. 309, CC)

Article 43. If there is doubt, as between two or more persons who are called to succeed each
other, as to which of them died first, whoever alleges the death of one prior to the other shall
prove the same, in the absence of proof, it is presumed that they died at the same time and
there shall be no transmission of rights from one to the other.
 Proof of death. Article 43 specifically applies only to persons who are called to succeed
each other. The proof of death must be established by positive evidence. However, it
can be likewise established by circumstantial evidence derived from facts. If ever an
inference is to be made, it must be derived from an existing facts. Proof of death can
never be established from mere inference arising from another inference or from
presumptions and assumptions.
 Presumption of survivorship. In case of doubt as to which of two or more persons called to
succeed each other died first:
1. Whoever alleges the death of one prior to the other, shall prove the same
2. In the absence of proof, the presumption is that the parties died at the same time
and there shall be no transmission of rights from one another (Art. 43)
 Art. 43 apply when the parties are called to succeed each other or are heirs to one
another.
 But if the parties are not called to succeed each other, Rule 131, Sec. 3 (jj) of the Rules
of Court applies.
 Both are to be applied only in the absence of facts.


JURIDICAL PERSONS
Article 44. The following are juridical persons:
1. The state and its political subdivisions.
2. Other corporations, institutions and entities for public interest or purpose, created by
law, their personality begins as soon as they have been constituted according to law.
3. Corporations, partnerships and associations for private interest or purpose to which
the law grants a juridical personality, separate and distinct from that of each
shareholder, partner or member.
Article 45. Juridical persons mentioned in Nos. 1 and 2 of the proceeding article are
governed by the laws creating or recognizing them. Private corporations are regulated by
laws of general application on the subject. Partnerships and associations for private
interest or purpose are governed by the provisions of the Code concerning partnerships.
Article 46. Juridical persons may acquire and possess property of all kinds, as well as incur
obligations and bring civil or criminal actions, in conformity with the laws and regulations
of their organization.
 The Civil code provides that, in default of persons entitled to succeed to the estate
of the deceased person, the state shall inherit his whole state.
 The estate of a deceased should be considered an artificial or juridical person for the
purposes of the settlement and distribution of his estate which include the exercise
during the judicial administration thereof of his rights and the fulfilment of
obligations which survived after his death (Limjoco vs. Intestate Estate of Pedro
Fragrante, No. L–770 April 27, 1948).

Article 47. Upon the dissolution of the corporations, institutions and other entities for public
interest or purpose mention in No. 2 of Article 44, their property and other assets shall be
disposed of in pursuance of law or the charter creating them. If nothing has been specified on
this point, the property and other assets shall be applied to similar purposes for the benefit
of the region, province, city or municipality which during the existence of the institution
derived the principal benefits from the same.
The dissolution of private corporations is governed by Title IV of the Corporation Code.
TITLE II. CITIZENSHIP AND DOMICILE
Refer to ppt
Article 48. The following are citizens of the Philippines:
1. Those who were citizens of the Philippines at the time of the adoption of the
constitution of the Philippines.
2. Those born in the Philippines of the foreign parents who, before the adoption of said
constitution, had been elected to public office in the Philippines.
 3. Those whose fathers are citizens of the Philippines.
4. Those whose mothers are citizens of the Philippines and, upon reaching the age of
majority, elect Philippine citizenship.
5. Those who are naturalized in accordance with law.
Article 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are
governed by special laws.
Article 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile
of natural persons is the place of their habitual residence.
Article 51. When the law creating or recognizing them, or any other provisions does not fix
the domicile of juridical persons, the same shall be understood to be the place where their
legal representation is established or where they exercise their principal functions.
Domicile – a fixed permanent residence to which when absent, one has the intention of
returning.
Residence – used to indicate a place of abode, whether permanent or temporary.
Requisites on the change of domicile
1. An actual removal or an actual change of domicile
2. A bona fide intention of abandoning a former place of residence establishing a new one.
3. Acts which correspond with the purpose.
Grounds for the loss of citizenship
1. By naturalization in a foreign country
2. By express renunciation of citizenship
3. By subscribing to an oath of allegiance to support the constitution or laws of another
country upon attaining 21 years or more: Provided, however that a Filipino may not
divest himself of Philippine citizenship in any manner while the RP is at war with any
country.
4. By rendering service to or accepting commission in the armed forces of a foreign
country: Provided, that the rendering of service to, or acceptance of such commission
in, the armed forces of a foreign country, and the taking of an oath of allegiance incident
thereto, with the consent of RP, shall not divest a Filipino of his Philippine citizenship if
either of the following circumstances if present.
5. By cancellation of the certificate of naturalization.
6. By having been declared by competent authority a deserter of the philippine armed
forces in time of war, unless, subsequently, a plenary pardon or amnesty has been
granted.
7. In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in
force in her husband’s country, she acquires his nationality.
 Grounds for reacquisition of citizenship are as follows:
1. By naturalization. Provided, That the applicant possess none of the disqualification
prescribed in section 4 of Commonwealth Act. No. 473.
2. By repatriation of deserters of the army, navy or air corps: Provided, that a woman who
lost her citizenship by reason of her marriage to an alien may be repatriated in
accordance with the provisions of Commonwealth Act. No. 63 as amended, after the
termination of the moral status and.
3. By direct act of the congress of the Philippines.

THE FAMILY CODE OF THE PHILIPPINES

EO No. 209 on July 6, 1987, President Corazon Aquino signed it into law otherwise
known as “Family Code of the Philippines”
August 3, 1988 the Family Code took effect

TITLE I. MARRIAGE

Article 1. Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with the law for the establishment of conjugal and family life. It is
a foundation of the family and an inviolable social institution whose nature, consequences
and incidents are governed by law and not subject to stipulation, except that marriage
settlement may fix the property relations during the marriage within the limits provided by
this code.
Prohibited acts against Marriage
1. Mail-Order Bride – matching of a Filipino women for marriage to a foreign nationals on a
mail order basis.
2. Trafficking in women
Marriage between rapist and raped victim
- a subsequent valid marriage of the offender and the offended party in the crime of rape
likewise extinguished the criminal action or the penalty imposed for rape. In case, the victim is
already married and the offender is her legal husband, the subsequent forgiveness by the wife
shall extinguish the criminal action or the penalty, provided that the crime shall not be
extinguished or the penalty shall not be abated if the marriage is void ab initio.
Marriage as a Status
- Marriage create a social status or relation between contracting parties in which not only they
but the State as well are interested.
Hence, In a case where the parties, prior to the civil marriage, agreed that the civil marriage
was not to be considered valid and binding until after the celebration of religious marriage
ceremony., it was held that a case for annulment based on the non-fulffilment of the said
condition cannot prosper. The court said, there being no fraud on the inception of marriage,
the law does not recognized the privately imposed condition that would alter the marital
status.
The right to enter a marriage is also regarded as within the ambit of constitutional right of
association. Once married, a couple has the right of privacy which is protected against all undue
and unwarranted government intrusion.
While a lawful marriage seeks o create a union between a man and a woman, it does not shed
the spouse integrity or their privacy as individuals, hence, where a wife to get evidence of
infidelity of her husband, ransacked his office and forcibly took documents and letters
addressed to her husband’s paramour, the court ruled that the evidence is inadmissible
because they were obtained in violation of her husbands constitutional right of privacy.
Parties to a marriage
1. Two willing spouse – assume new relations to each other
2. and the State – touching nearly on every aspect of life and death
Legislative Control of the Marriage
- the relations, duties, obligations and consequences flowing from the marriage contract are so
important to the peace and welfare of the society as to have place it under the control of
municipal regulations, and it has always been the subject of legislative control.
Property Relations
- Marriage settlement must not contravene the mandatory provisions of the FC, hence while
persons who intend to marry can stipulate in their marriage settlement that the property
regime is of conjugal property, they cannot provide any stipulation whether express or implied,
that the commencement of such property regime shall be at any time other than the precise
moment at which the marriage is celebrated, if they do so, the stipulation is void,
- Article 77 of the FC, the marriage settlement shall be in writing signed by the parties and
executed before the marriage celebration. Any modifications must be approved by the courts
and must be made in accordance in Article 76 of the FC.
General Rule. Marriage are governed by the law enforced at the time of their celebration and
any interpretation of the law must always be made upholding the validity of marriage.
Article 2. No marriage shall be valid unless these essential requisites shall be present:
1. Legal capacity of the contracting parties who must be male and female
2. Consent freely given in the presence of the solemnizing officer
Article 3. The formal requisites of a marriage are:
1. Authority of the solemnizing officer
2. A valid marriage license except in the case provided for 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 two witnesses of legal
age.
Article 4. The absence of any essential and formal requisites shall render the marriage void ab
initio, excepts as stated in Article 35 (2).
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.
Article 5. Any male or female at the age of 18 years or upwards not under any of the
impediments mentioned in Article 37 and 38, may contract marriage.
Article 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 2 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 their 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.
Legal Capacity
- if any of the parties is below 18 years old, the marriage is void even if the consent of the
marriage has previously obtained.
Contracting parties must be of different sex
- Marriage is a union found in a distinction of sex. The law provides that the contracting parties
must be male and female. The very first article of the FC explicitly provides that marriage is a
special contract of permanent union between a man and a woman.
Effect of Sex-Change
- In Silverio vs. Republic, where the petitioner had undergone sex reassignment from male to
female and sought amendment of his birth certificate to get married to his partner, the SC
rejected the said petition and ruled that the sex determined at birth is immutable and that
there is no law legally recognizing sex reassignment.
- However, in Republic vs. Cagandahan, where the respondent has found out to have
Congenital Adrenal Hyperplasia and shown that the respondent has though genetically a female
secreted a male hormones, had no breast, and no monthly periods and in where the
respondent in her mind and emotion she is male, the SC considered the person as an intersex
individual and granted the preference to be considered as male thereby allowing the amend
ment of the birth certificate from female to male.
Consent
- Consent must be freely given and must be in the presence of a solemnizing officer.
- total absent of the consent makes the marriage void ab initio.
- free consent cannotes that the contracting parties willingly and deliberately entered into a
marriage and at the time of the marriage ceremony, they were capable of intelligently
understanding the nature and consequences of their act.
- Article 6 of the FC that the contracting parties must be personally present during the
solemnization of the marriage, this requirement prohibit proxy marriage.
Authority of the Solemnizing officer
- it is not the presence or absence of the solemnizing officer which constitute the formal
requirements but it is the authority thereof.
- the solemnizer needs to know that the marriage license is issued by a competent official
- criminal liability attaches to any person solemnize marriage without authority
Valid Marriage License
- must be issued by a local civil registrar where the marriage application was filed. Once issued,
it has only has a lifetime of 120 days from the date issue and is effective in any part of the
Philippines. The date of issue is the date of signing of the local civil registrar.
- a marriage license is not effective if it will be used as marriage license to be able to solemnize
a marriage abroad.
- if the marriage license is issued in a place where the contracting parties do not reside and
where the marriage was solemnized on the basis of the license, such marriage is still valid.
- the fact that the party to whom a marriage license is issued in which the name is spelled
incorrectly, it will not invalidate the marriage.
- the commission of perjury or deception on the part on the part of the contracting parties as to
their age in order to avoid the statutory requirement of parental consent is not a cause to
invalidate a marriage obtained thru such marriage license.
- the fact that one of the contracting parties did not disclose his or her prior marriage and
divorce or misrepresented his or her residence, or falsely swore that he or she is not under
guardianship or forged his or her mother’s consent to the marriage, will not justify a judicial
declaration that marriages performed on the basis of the marriage license procured thru such
acts are nullities.
Marriage Ceremony
- While the law provides that the declaration shall be contained in the marriage certificate, the
marriage certificate is not an essential or formal requisite of marriage. Failure to sign a marriage
certificate or absence of the marriage certificate itself does not render the marriage void nor
annullable.
Witnesses in a marriage ceremony
- The absence of any of the 2 witnesses of legal age as a general rule will make the marriage
void.
- It can however be justifiably argued that the absence of the 2 witnesses of legal age in a
marriage ceremony is merely an irregularity which according to Article 4 shall not affect the
validity of the marriage but the party or parties responsible for the irregularity is civilly,
criminally and administratively held liable. It can be validly explained that while there were no
witnesses of legal age or there was only 1 witness of legal age or both witnesses is of not in
legal age in a marriage ceremony but the principal contracting parties and the solemnizing
officer were present, though the witnesses is inadequate, was not strictly absent so as to
consider the marriage void under Article 4 of the FC. Such inadequacy of the witnesses is
merely an irregularity, not enough to invalidate the marriage.
Common-law Marriage not recognized in the Philippines
- non ceremonial or informal marriage by agreement entered into by a man and a woman
having capacity to marry without marriage license.
- the term “husband and wife” refers to parties who are lawfully married unless the law
provides otherwise as in the case of article 34 and 147 of the FC.
Absence, Defect, Irregularities in essential and formal requisites
- marriage by a way of a jest is void because there is no genuine consent on the part of both
contracting parties.
- marriage by proxy is void because of the absence of free consent in the presence of the
solemnizing officer and the absence of the formal requisite that the contracting parties must be
personally declare before the solemnizing officer that they take each other as husband and
wife.
Exception
- Absence of marriage license does not affect the validity of the marriage if the situation falls
under chapter 2 of the FC.
1. Marriage in articulo mortis
2. marriage of 2 contracting parties living in a place where there are no means of transportation
to enable them to personally appear before the LCR.
3. marriage among muslims and among other ethnic cultural minorities performed in
accordance with their practices
4. marriages of couples without any impediment to get married living together as husband and
wife for at least 5 years.
- Marriage soleminized by a person without authority to solemnize a marriage provided that
either one of the parties believe in good faith the such solemnizing officer has the authority.
- Irregularity in the formal requisites do not affect the validity of the marriage.
- If the judge solemnize a marriage in which the marriage license was forgot to bring by the
parties and the judge requires the submission after the ceremony, the marriage is still valid and
it is just an irregularity.
- If the parties really do not have the marriage license and the judge requires them to apply and
procure after the ceremony, the marriage is void. A judge who did not sign the marriage
contract and did not furnish copies to the contracting parties and did not forward the marriage
contract to the LCR may be held administratively liable.
- a judge requiring the parties to sign the marriage contract first before the solemnization of the
marriage does not invalidate the marriage because a marriage contract is not a formal requisite
of a valid marriage.
Irregularities which do not affect the validity of the marriage
1. Absence of 2 witness of legal age during the marriage ceremony
2. Absence of a marriage certificate
3. Marriage solemnized in a place other than in the chambers of the judge or in an open
court, in church, chapel, or in the office of the consul-general, consul or vice consul
4. Issuance of the marriage license in the city or municipality not the residence of the
contracting parties
5. Unsworn application for the marriage license
 6. Failure of the contracting parties to submit original birth certificate or baptismal to the
LCR who likewise failed to ask for the same
7. Failure of the contracting parties between the age of 18 and 21 to exhibit consent of
parents or persons having legal charge of them to the LCR
8. Failure of the contracting parties between the age of 21 to 25 to exhibit advice of
parents to LCR
9. Failure to undergo marriage counselling
10. Failure of the LCR to post the required notices
11. Issuance of marriage license despite absence of publication or prior to the completion of
the 10 day period for publication
12. Failure of the contracting parties to pay for the prescribed fees of the marriage license
13. Failure of the solemnizing officer to send copies of the marriage certificate to the LCR
14. Failure of the LCR to enter the applications for marriage licenses filed with him in the
registry book in the order in which they were received.
Breach of Promise to marry
- wassmer vs. velez
Article 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 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 written authority granted him by his church or religious sect and
provided that at least one of the contracting parties belongs to the solemnizing
officer’s church or religious sect.
3. Any ship captain or airplane chief only 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.
Judges
- judges who are appointed to specific jurisdictions may officiate in wedding within said
areas and not beyond
- if a marriage is solemnized by a judge beyond his jurisdiction, there is absence in formal
requisites namely, the authority of the solemnizing officer. Hence the marriage is void,
unless one of the parties believe in good faith that the solemnizing officer has the authority
to conduct such marriage.
4 essential requirements to validly solemnized a marriage
 1. Must duly authorized by his or her church or religious sect.
2. Must act within the limits of the written authority granted to him or her by the church
or religious sect.
3. Must be registered with the civil registrar general
4. At least one of the contracting parties whose marriage he or she to solemnize must
belong to his or her church or religious sect.
Ship captain and airplane ship
- to be able to validly solemnize a marriage the ff. requisites must concur
1. the marriage must be in articulo mortis
2. the marriage must be between passengers or crew members
3. generally, the ship must be at sea or the airplane must be in flight
- assistant pilot has no authority to solemnize even if the chief pilot dies during the trip
because there is no law allowing such assumption of authority.
- such marriages can be solemnized during stopovers at ports of call.
Military Commander
 To be able to solemnize a marriage the ff. requisites must concur
1. He or she must be a military commander of a unit
2. He or she must be a commissioned officer
3. A chaplain must be assigned to such unit
4. The said chaplain must be absent at the time of the maariage
5. The marriage must be one in articulo mortis
6. The contracting parties whether members of the armed forces or civillians must
be within the zone of military operations
Commissioned officer – that his rank should start from a second lieutenant, ensign and
above
Consul-general, consul or vice consul
 They can solemnize marriage abroad only when the contracting citizens are both
Filipino citizens. They act not only as solemnizer of a marriage but also perform the
duties of the LCR such as the issuance of a marriage license.
 Has no authority to solemnized marriage within the territory of the Philippines.
 The solemnities established by Philippine laws shall be observed.
 If the contracting parties desire to to have their marriage solemnize in a place
outside of the office of the consul general, consul or vice consul, they shall request
in writing.
 Case
 A marriage between a Filipino and a foreigner abroad solemnized by a consul-
general, vice consul or consul, the marriage is void because the authority to
solemnize marriage is limited only to Filipino citizens under article 7. Such
marriage is lacking of the formal requisites of a valid marriage which is the
authority of the solemnizing officer. Hence, in accordance with article 4, such
marriage is void ab initio. However, there is an exception , if the marriage of a
Filipino citizen and a foreigner solemnized by a consul-general assigned in that
country and is recognized in the host country, then such marriage shall be
considered valid in the Philippines in pursuant to Article 26 of the FC.
Mayor
 Acting mayor has the authority to solemnize a marriage because if the acting
mayor assumes office, he discharges all the duties and wields the powers
appurtenant to said office.

Article 8. The marriage shall be solemnized publicly in the chambers of the judge or in an
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 marriage 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 will
be solemnized at a house or place designated by them in a sworn statement to that effect.
 Non-observance will not invalidate the marriage but can subject the person or
persons who cause the violation to civilly, criminally and administratively liable.
Article 9. A marriage license shall be issued by the local civil registrar or the city or
municipality where either contracting parties habitually resides, except in marriages where
no license is required in accordance with Chapter 2 of this Title.
 If the contracting parties obtain a marriage license in a place other than a place
where either of them reside, it is merely an irregularity which will not render the
marriage null and void the marriage celebrated on the basis of such license.
Article 10. Marriage between Filipino citizens abroad may be solemnized 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.
 The marriage ceremony shall be in accordance with the laws of the Philippines
because article 17 of the civil coded pertinently provides that when contract,
among others, are executed before the diplomatic or consular official of the RP
 in a foreign country, the solemnities established in the Philippine Law shall be
observed in the execution.
Article 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
3. Age and date of birth
4. Civil status
5. If previously married, how, when and where the previous marriage was dissolved or
annulled.
6. Present residence and citizenship
7. Degree of relationship of the contracting parties
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 in charge, in
case the contracting parties has neither father nor mother and is under the age of 21
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.
 Purpose. It is the concern of the state to make marriages the secure and stable
institution they should be and to prevent deception in the guise of matrimony.
 Marriage Application. Once it is signed and sworn by the parties, the LCR has no
choice but to accept the application and process the same up to the time of the
issuance of marriage license. If the LCR has the knowledge of some legal
impediment, he or she cannot discontinue processing the application. He must
only note down the legal impediments in the application and thereafter issue the
marriage license unless otherwise stopped by the court.
Article 12. The local civil registrar, upon receiving such application, shall require the
presentation of the original birth certificate, or in default thereof, the baptismal certificate of
the contracting parties or copies of such documents duly attested by the persons having
custody of the original. These certificates or certified copies of the documents required 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 shown by an
affidavit of such party or 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.

The presentation of the 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. (60a)

Article 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. In case the death certificate cannot be secured, the party shall
make an affidavit setting forth this circumstance and his or her actual status and the name
and date of death of the deceased spouse.

Article 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 application.

 Non-compliance with the requirement the marriage is voidable which means

the marriage is valid until annulled.
Parental Consent. Is between ages 18 and above but below 21 years. Lack of parental
consent does not affect the validity of the marriage but only subjects those who have
neglected to acquire to the penalties of the law.

Article 15. Any contracting party between the ages 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 therefor. 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. (62a)

Article 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 counselling.
Failure to attach said certificate of marriage counselling 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 counselling referred to in the preceding paragraph.

 Parental advice. Absence of parental advice does not affect the validity of the
marriage since it is not an essential and formal requisites under article 2 and 3 of
this code.

Article 17. The local civil registrar shall prepare a notice which shall contain the full names
and residences of the applicants for a marriage license and other data given in the
applications. The notice shall be posted for ten consecutive days on a bulletin board outside
the office of the local civil registrar located in a conspicuous place within the building and
accessible to the general public. This notice shall request all persons having knowledge of any
impediment to the marriage to advise the local civil registrar thereof. The marriage license
shall be issued after the completion of the period of publication.

Article 18. In case of any impediment known to the LCR or brought to his attention, he shall
note down the particulars thereof and his finding thereon on 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
interested party. No filing fee shall be charged for the petition nor a corresponding bond
required for the issuance of the order.
 Purpose. To eliminate any opportunity for extortion as per the Civil code and
Family Law committees.
Article 19. The LCR shall requires the payment of the fees prescribed by law or regulations
before the issuance of marriage license. No other sum shall be collected in the nature of a fee
or a 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 LCR.
 Despite the issuance of an injunction order of the court, the LCR still issue a
marriage license and a marriage is solemnized based on such marriage license,
the marriage will still be valid because the validity of the marriage license is not
affected by the violation of the injunction. It is an irregularity in the formal
requisite of a valid marriage license but the party or parties responsible is civilly,
criminally and administratively liable.

Article 20. The license shall be valid in any part of the Philippines for a period of 120 days
from the date of the issue and shall be deemed automatically cancelled at the expiration of
said period if the contracting parties have not made use of it. The expiry date shall be
stamped in bold characters at the face of every license issued.

Article 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.
 If without the certificate of legal capacity and the marriage license is still issued,
the marriage celebrated on the bases of such license the marriage is still
considered valid as this is merely an irregularity on the formal requisite for a
valid marriage license under article 4.
 However, if the contracting parties who are citizens of a foreign country desire to
have their marriage solemnize by their country’s consul-general officially
assigned here on the Philippines, they can get married without procuring a
marriage license in the Philippines if their country’s laws allow the same. Such
marriage shall be recognize here in the Philippines.

Article 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 parties
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
marriages 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
7. That the parties have entered into a marriage settlement, if any, attaching a copy
thereof.

Article 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
receipt 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 original of the marriage licenses and in proper cases the
affidavit of the contracting party regarding the solemnization of the marriage in a place other
than those mentioned in article 8.
 Proof of Marriage. Marriage contract or marriage certificate is the best evidence. A
Photostat copy of the marriage certificate emanated from the LCR and duly certified by
the LCR as an authentic copy of the records in his office, such Photostat is admissible as
evidence. And if photostat copies is not certified by the LCR but presented in court
without objection from the opposing parties and consequently admitted by the court,
such Photostat is deemed sufficient proof of marriage. Also, baptismal certificates, birth
certificates, judicial decisions and family bible in which the names of the spouse have
been entered as married are good evidence of marriage.
 A marriage certificate made many years after the marriage is inadmissible especially
where there is no register of marriage in the official records.
 Any officer, priest or minister failing to deliver to either of the contracting parties one
of the copies of the marriage contract or to forward a copy to a LCR within a period
fixed by law shall be punished for imprisonment for 1 month or a fine of not more
than 300 pesos.

Proof to attack validity of marriage.



Declaratory Relief
- in the event that parties are not certain whether, under the law, they can proceed with
a marriage, they can file a petition for declaratory relief, to seek from the court a
judgment on their capacity to marry.

Article 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.

Article 25. The LCR concerned shall enter all applications for marriage licenses filed with him
in a registry book strictly in the order in which they same are received. He shall record in said
books the names of the applicants, the date on which the marriage license was issued, and
such other data as may be necessary.

Article 26. All marriages solemnized outside the Philippines, in accordance with the laws in
force in a country where they are 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.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce thereafter validly obtained abroad by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

Lex loci celebrationis rule – adheres to the rule that a marriage formally valid where
celebrated is valid everywhere.

A matter of international comity

 The legal effect which may be given by one state to the marriage laws of another
state is merely because of comity or because of public policy and justice
demands the recognition of such laws.
Exceptions
 Under the FC, if either of both of the contracting parties are Filipinos and they
are below 18 years of age, their marriage solemnize abroad will not be
recognized as valid in the Philippines even if the marriage is valid in a place
where it has solemnized. Our law clearly adheres to the rule that marrying
capacity of the parties is governed by the national law of that party which is the
Philippine law. Article 15 of the civil code provides that laws relating to family
rights and duties, status, conditions and legal capacity of persons are binding
upon citizen of the Philippines even though living abroad. In the Philippines,
persons below 18 years old are not legally capacitated to marry. Article 26 of the
FC and Article 15 of the Civil Code express the “extra-territorial effect of the
exception.
 If Both foreigner below 18 years old and celebrated the marriage in their
country, it will not be valid here in the Philippines.

Bigamous and polygamous marriages though valid abroad, is nor recognized in the
Philippiens.
Bigamous – marriage omitted by a person who contracts a second marriage before the
former marriage has been legally dissolved, or before the absent spouse has been
declared presumptive dead by means of judgment rendered in a proper proceeding.

1. Marriage abroad where there is a mistake of identity of the other contracting party
is not recognized in the Philippines even if the one committed the mistake is the
foreigner spouse.

2. If a spouse id able to annul or to declare null and void his or her marriage but failed
to record the judicial decree with the LCR, to partition and distribute their
 properties and to deliver the presumptive legitime of the children, any subsequent
marriage of the spouse shall be void under article 53 inrelation to article 52 of the
FC.

3. If the said spouse contract a subsequent marriage abroad without undertaking the
aforementioned requirements, the said marriage is not recognized.

4. A marriage by a Filipino spouse to a person who is psychologically incapacitated to

perform essential marital obligations abroad, even if valid in the foreign country
where it has been solemnized, shall not be considered valid in the Philippines. If the
Filipino is himself the psychologically incapacitated , such marriage is considered
void in the Philippines.

5. Marriages between ascendants and decendants of any degree as well as between

brothers and sisters whether of the full or half blood are not considered valid here
even if such marriage are allowed in the country where it is solemnized.

6. Marriages against public policy is void and not recognized here even if it is not illegal
in the country where it is solemnized.

7. Common-law marriages obtained by Filipino abroad should not be recognized here.

Solemnization – performance of the formal act or ceremony by which a man and a

woman contract marriage and assume the status of husband and wife. It is not one
which is “contracted” or merely performed by way of a mere agreement of the
parties such as common law marriages.
8. Same sex marriage is not valid in the Philippines. Public policy matter cannot be
rendered ineffective by any foreign law.

Proof of foreign marriage. If such law of the other state is not pleaded nor proved and
for the purpose of determining the validity of the marriage in the said state, the laws of
such state, in the absence of proof to the contrary will be presumed by the court to be
the same as the laws of its own state.
Thus, where a Chinese woman alleged that she was married to a Filipino and that their
marriage in China was solemnized by a village leader but the said woman failed to
proved the marriage laws in china, the SC ruled that the marriage laws in china will be
presumed to be the same with the marriage laws in the subject state and considering
that Philippines only considers marriage solemnized by authorized officer and village
leader is not one of them, then the woman’s marriage to a Filipino cannot be recognized
in the Philippines.

Absolute Divorce. In a case where a Filipina obtain a divorce from her Filipino husband
in USA, the divorce though recognize in USA is not declared in the Philippine. Thus the
 wife could be accused of adultery because SC anchored it in article 15 and last
paragraph of Article 17.

Note.
If the marriage between two Filipinos and one of them obtains a divorce abroad after he
has been naturalized as a citizen of the foreign country, such naturalized foreigner who
was formerly a Filipino can come back to the Philippines to validly remarry. The
nationality rule will apply and not article 26.

Note.
If the Filipino who obtains the foreign absolute divorce abroad will not be recognized
here but the foreigner spouse is already considered not married to the Filipina thus
foreigner spouse cannot claim the property of the Filipina spouse in the Philippines. The
foreigner spouse is considered divorce to the Filipino spouse due to the adherence of
the nationality rule. If the Filipino spouse has a sexual intercourse with another man, the
foreigner ex-spouse has no legal standing to file a criminal case against his ex-wife.

Note.
In the event that a Filipino spouse contract a foreign marriage which is null and void
under the laws of the state where it has been solemnized, such marriage shall likewise
be null and void in the Philippines under 1st paragraph of article 26.

CHAPTER 2. MARRIAGES EXEMPT FORM LICENSE REQUIREMENT

Article 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.

Article 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 LCR the marriage may be
solemnized without the necessity of the marriage license.

Article 29. In the case provided for in the two preceding articles, the solemnizing officer shall
state in an affidavit executed before the LCR 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 LCR and that the officer
took the necessary steps to ascertain the ages and the relationship of the contracting parties
and the absence of the legal impediment to the marriage.
Article 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 LCR of the municipality where it was performed within the period of 30 days after the
performance of the marriage.

Article 31. A marriage in articulo mortis between passenger 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 while
the plain is at flight but also during stopovers at ports of call.

Article 32. A military commander of a unit, who is commissioned officer, shall likewise have
authority to solemnize a marriage in articulo mortis between persons within the zone of
military operations, whether members of the armed forces or civilian.

Article 33. Marriages among muslims or among members of the ethnic cultural communities
may be performed validly without the necessity of the marriage license provided they are
solemnized in accordance with their customs, rites or practices.

Article 34. No license shall be necessary for a marriage of a man and a woman who have lived
together as husband and wife for at least 5 years and without any legal impediment to marry
each other. The contracting parties shall state the foregoing facts in affidavit before any
person authorize by law to administer oaths. The solemnizing officer shall also state under
oath that he ascertained the qualifications of the contracting parties and found no legal
impediment to the marriage.

 These situations are explicitly declared in article 3 (2) as exceptions to the formal
requirement of a valid marriage license. It is also likewise declared in article 9.
 The reasons for exceptions are mainly anchored on necessity and practicality.
 Code of Muslim Personal Laws. Governs the laws on persons and family relations
among muslims.
 RA No. 6766, the Organic Act for the Cordillera Autonomous Region (CAR). Marriages
solemnized between or among members of the indigenous tribal group or cultutal
community in accordance with the indigenous customary laws of the place shall be valid
and the dissolution thereof in accordance with these laws shall be recognized. Other
ethnic groups aside from the 2 mentioned above are still governed by the FC.
 Cohabitation for five years.
2 distinct conditions
1. They must live as such for at least 5 years characterized by exclusivity and continuity
that is unbroken.
2. They must be without any legal impediment to marry each other.
The legal impediment that refers to should be on time of actual marriage celebration and
not on the time of 5 years cohabitation because the requirements under article 2 and 3 of
the FC must be present only at the celebration of the marriage and not at any point in
time.
 CHAPTER 3. VOID AND VOIDABLE MARRIAGES

Article 35. 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 the
parents or guardians.
2. Those solemnized by any person not legally authorized to perform marriages unless
such marriages were contracted with either or both parties believing 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 preceding chapter.
4. Those bigamous or polygamous marriages falling under article 41.
5. Those contracted through mistake of one contracting party as to the identity of the
other.
6. Those subsequent marriages that are void under article 53.

 Void Marriages. A void marriage is that which is not valid from its inception.
Article 4 declares that absence of the essential and formal requisite of a valid
marriage as provided for in article 2 and 3 make a marriage void. Exceptions
are however, provided for in articles 27, 28, 31, 32, 33, 34 and 35 (2). In
addition articles 35, 36, 37, 38, 40, 41, 44 and 53 in relation to article 52
enumerate marriages which are void.
 Splitting the cause of action. Where one petitioner filed a nullity on marriage
on the basis of psychological incapacity but the petition was denied and the
petitioner filed again this time on the ground of absence of marriage license.
This is res judicata.
 1 cause of action which is nullity of marriage can be applied with many
grounds.
 Bad faith or good faith in void marriages. As a general rule, good faith or bad
faith is immaterial in determining whether or not a marriage is null and void.
 Doctrine of clean hands is not a rule applied in nullity of the marriage.
 Collateral and Direct Attack. As a general rule, a void marriage can be
collaterally attacked. This means that the nullity of marriage can be asserted
even if it is not the main or principal issue of a case thus no previous judicial
declaration of nullity is required by law with respect to any other matter
where the issue of the voidness of a marriage is pertinent or material either
directly or indirectly.
3 cases of Direct attack
1. File a civil case for judicial declaration of nullity of marriage for purpose of
remarry.
2. Case of Ninal vs. Bayadog on filing for inheritance
3. Provided in article 50 in relation to 43 (3) and I article 86 (1) of the FC.
 Putative marriage. Applied to a matrimonial union which has been solemnized in
due form and good faith on the part of one or both of the parties but which by
reason of some legal infirmity is either void or voidable.
  Good faith in connection with putative marriage means and honest and
reasonable belief that the marriage was valid at its inception and that no legal
impediment exist tom impair tis validity.
 Ignorance of the Law. If the contracting parties go before a person not
specifically mentioned by law as having authority to solemnized a marriage, then
the good faith or bad faith of the parties is immaterial because they cannot be
excused from being ignorant of the persons authorized by law to solemnized a
marriage.
 Mistake of fact. But if the parties go to a person stated by law as qualified to
solemnized a marriage but in fact not because of the non-fulfillment of a
requirement by law to solemnize a marriage, then good faith or bad faith is
material.
 Mistake in Identity. Ex. Is when the contracting parties marries the twin of the
other party believing that such twin is his or her lover. It is void ab initio because
there is complete absent of consent. The mistake should be the actual physical
identity of the other party.
 Void under article 53. For persons whose marriage have been annulled or
declared null and void to be able to validly marry again, they must undertake the
liquidation, partition and distribution of their properties, if any and only in
proper cases, the delivery of the children presumptive legitimes and thereafter
all these requirements, including the decree of annulment or nullity, should be
recorded in appropriate civil registry and the registries of property. Non-
compliance will render any subsequent marriage void.
Article 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.
 Psychological incapacity. The law does not define what psychological incapacity is and
therefore the determination is left solely with the courts on a case to case basis.
Determination of psychological incapacity depends on the facts of the case.
Article 37. Marriages between the following are incestuous and void from the beginning,
whether the relationship between the parties are legitimate and illegitimate.
1. Between ascendants and descendants of any degree.
2. Between brothers and sisters, whether of the full or half blood.

 Reasons. Incestuous marriages have been universally condemned as indecent, immoral

and inimical to the purity and happiness of the family and welfare of future generations.
Article 38. The following marriage 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 parents 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 the 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.

 Reasons. Due to public policy. It is the policy of the state to foster a normal, peaceful
and wholesome integral nuclear family unit which would constitute the very foundation
of society.
 Article 38 is exclusive.
 Collateral blood relatives by consanguinity. Marriages next to the 4th civil degree is
valid.
 Relationship by affinity. It is between step-parents and step-children and parents-in-law
and children-in-law. Relationship by affinity ceases when one of the spouse dies and
there is no living issues or children living but if there is children the affinity is not
dissolved.
 Adoptive Relationship. The law seeks to duplicate the structure of the natural family
and to ensure that the artificial family will mirror a natural family not only in terms of
legal relationship but also in the emotional content and social significance of such
relationships.
 Intentional killing of spouse. It must be emphasized that in killing his or her spouse, the
guilty party must be animated by an intention to marry another person. Thus if a wife
kills her husband because he was an incorrigible philanderer and therefore marries her
lawyer who has been defending her in the criminal case, the marriage is valid. The
reason for killing the husband was obviously not for the purpose of marrying the lawyer.

Article 39. The action or defense for the declaration of absolute nullity of marriage shall not
prescribe.
Article 40. The absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of final judgment declaring such previous marriage void.
  Judicial declaration of nullity. The first marriage is judicially declared void, any
subsequent marriage may still be declared void because of the failure to comply
with articles 52 and 53.
Article 41. A marriage contracted by any person during the subsistence of a previous marriage
shall be null and void, unless before the celebration of the subsequent marriage, the prior
spouse has been absent for four consecutive years and the spouse present has a well founded
belief that the absent spouse was already dead. In case of disappearance where there is
danger of death under the circumstance set forth in the provisions article 391 of the Civil
Code, an absence of only two years shall be sufficient.
For the purposes of contracting the subsequent marriage under the preceding
paragraph, the spouse present must institute a summary proceeding as provided for in this
code for the declaration of presumptive death of the absentee, without prejudice to the
effect of reappearance of the absent spouse.
Article 42. The subsequent marriage referred to in the preceding article shall be automatically
terminated by the recording of the affidavit of reappearance of the absent spouse, unless
there is judgment annulling the previous marriage or declaring it void ab initio.
A sworn statement of the fact and circumstances of reappearance shall be recorded in
civil registry of 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.
 Exception. A bigamous marriage may be considered valid if prior to the subsequent
marriage, the present spouse obtains a judicial declaration of presumptive death in a
court of competent jurisdiction. The period is shortened into 2 years in case of
disappearance where there is danger of death.
1. When the absent spouse is on a vessel and the same was lost during a sea
voyage and he has not been heard for 2 years since the loss.
2. When the absent spouse was on an airplane which was missing and such spouse
was not heard since 2 years from the loss of the airplane.
3. When the absent spouse who was in the armed forces has taken part in the war
and has been missing for 2 years.
 If the reappeared spouse did not file affidavit of reappearance in civil registry, there
were technically exist two valid marriages. It is called a valid bigamous marriage.
 Liquidation of the properties of the first marriage. For purposes of reopening the
succession of the absent spouse after the community property of the first marriage
has been liquidated, the absentee shall not be presumed dead for purposes of
opening his succession till after an absence of ten years. If he disappeared after the
age of 75 years, an absence of 5 years shall be sufficient in order that his succession
 may be opened. If the absentee disappears under circumstances that there is danger
of death, 4 years shall be enough. If the person proves to be alive, he shall be
entitled to the balance of his estate after payment of all his debts.
 Well-founded belief of death. FC prescribes that the absentee is already dead
before a petition for declaration of presumptive death can be granted. It requires
diligence in looking for the absent spouse.
 Any interested party may file for a sworn statement of reappearance but not the
impostor otherwise it is fraud and no termination of marriage happens.
 As between the 2 marriages, the law or the state shall continue to protect the
second spouse this is so because, if indeed the reappearing spouse wants to assert
his or her rights, he or she could easily file the affidavit of reappearance to terminate
the subsequent marriage.
Article 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 conceive to prior to its termination shall be
considered legitimate and their custody or support in case of dispute shall be decided
by the court in proper proceeding.
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 in the net profits in the community property or conjugal
partnership property shall be forfeited in favour 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 revoked the designation of the other spouse who acted in
bad faith as a beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable.
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.
Article 44. If both spouses of subsequent marriage acted in bad faith, said marriage shall be
void ab initio and all donations by reasons of marriage and testamentary dispositions made
by one in favour of the other are revoked by operation of law.
 Net profits. Increase in value between the market value of the community property at
the time of the celebration of marriage and the market value at the time of its
dissolution.
Article 45. A marriage may be annulled for any of the following causes, existing at the time of
the marriage.
1. That the party in whose behalf is sought to have the marriage annulled was 18 years
of age or over but below 21, and the marriage was solemnized without the consent of
the parents, guardian or person having substitute parental authority over the party, in
that order unless after attaining the age of 21, such party freely cohabited with the
other both lived together as husband and wife.
2. That either party was of unsound mind, unless such party after coming to reason,
freely cohabited the other as husband and wife.
3. That the consent of either party was obtained by fraud, unless such party afterwards,
with full knowledge of the fact constituting the fraud, freely cohabited with the other
as husband and wife.
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 capacity continues and appears to be incurable.
6. That either party was afflicted with sexually transmissible disease found to be serious
and appears to be incurable.
Article 46. Any of the following circumstances shall constitute fraud referred to in No. 3 of the
preceding article:
1. Non-disclosure of a previous conviction by final judgment of the other party of the
crime involving moral turpitude
2. Concealment by wife of the fact that at the time of the marriage, she was pregnant by
a man other than her husband.
3. Concealment of sexually transmissible disease, regardless of its nature, existing at the
time of the marriage.
4. Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism
existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity
shall constitute such fraud as will give grounds for action for the annulment of
marriage.
 Exclusivity of grounds for annulment. Annullable or voidable marriage is considered
valid up to the time it is terminated. Any ground not provided by law cannot be invoked
to annul a marriage. The exclusivity of the grounds is in line with the policy of the state
to enhance the permanence of marriage.
 No parental consent. The law consider persons at the age of 18 and below 21 as not
possessing that degree of maturity to be able to comprehend thoroughly the
 consequences and serious responsibilities of martial relations. It is annullable so that the
probability of troublesome, ill-advised or stormy marriage relationship due to
unpreparedness of the parties to enter into such relationship can be terminated or
prevented.
 Unsound mind. To successfully invoked unsoundness of the mind as ground for
annulment, there must be such a derangement of the mind to prevent the party from
comprehending the nature of the contract and from giving to it his free and intelligent
consent.
 Burden of proof. Burden of proof of insanity rest upon him who alleges insanity.
 Fraud.
 Moral turpitude. Includes everything which is contrary to justice, honest or good
morals. Generally, crimes punishable under RPC are crimes involving moral turpitude.
 Concealment of pregnancy as fraud. The law limits the fraud to the wife only because if
the wife is pregnant by another man, the husband would be mislead in devoting all his
attention and care on somebody else child. The concealment must be done in bad faith.
Mere pregnancy alone at the time of the marriage is not sufficient to successfully annul
a marriage on this ground. There must be concealment on the pregnancy by a wife.
However, did not expressly inform but the pregnancy is so obvious and apparent to the
man, he cannot claim lack of knowledge of such pregnancy. If a woman misrepresented
to her fiancé that she was pregnant to induce marriage when in fact It is not and the
fiancé married her because of the inducement, such fiancé cannot annul the marriage
under article 46 (2) because there was in fact no pregnancy to conceal.
 Concealment of drug addiction and habitual alcoholism as fraud. Habitual alcoholism
has been defined as the persistent habit of becoming intoxicated, Incapacity whereby he
has lost the power or will to control his appetite for intoxicating liquor, as where he
indulge in the practice of becoming intoxicated whenever the temptation is presented
and the opportunity offered.
 Incapacity to consummate. Permanent inability on the part of one of the spouses to
perform the complete act of sexual intercourse. The incapacity to consummate must
exist at the time of the marriage. Hence if a wife after marriage was paralyzed due to
accident, such marriage cannot be annulled as the incapabililty did not exist at the time
of the marriage. That the incapacity need not be universal. It means that the incapacity
must only with the other spouse.
 Rule of triennial cohabitation. This rule postulates that if the wife remains a virgin for at
least 3 years from the time the spouse started cohabiting, the husband must show that
he was not impotent during the period and the burden of proof will be upon him. Thus if
a husband claim that he did not engage in sexual intercourse with the wife because of
the pain, the court rejected the contention because of the fact that the wife is still a
virgin and on the medical finding that she was physically and psychologically normal.
 Sterility. Inability to produce a child but can engage in sexual coition.
 Sexually transmissible disease. Net not be incurable.
  Ratification of annullable marriages. Under the family code, ratification is made if the
injured party freely cohabits with the guilty party in the proper situations provided by
law.
 Incapacity to consummate and sexually transmissible disease most specially if incurable
cannot be ratified by free cohabitation based on the fact that it is incurable. The
purpose of the marriage is to procreate normal, healthy and upright children and for
the disease, the continuance of marriage may impose danger to the life f the other
party.
Article 47. The action for the annulment of marriage must be filed by the following persons
and within the periods indicated herein:
1. For causes mentioned in No. 1 of article 45, by the party whose parent or guardian did
not give his or her consent, within 5 years after attaining the age of 21, or by the
parent or guardian or person having legal charge of the minor at any time before such
party reach at the age of 21.
2. For causes mention in No. 2 of Article 45, by the sane spouse who had no knowledge
of the insanity, by any relative, guardian, or person having legal care of the insane, at
any time before the death of either party, or by the insane spouse during a lucid
interval or after regaining sanity.
3. For causes mentioned in No. 3 of article 45, by the injured party, within 5 years from
the discovery of the fraud.
4. For causes mentioned in No. 4. of article 45, by the injured party, within 5 years from
the time the force, intimidation, undue influence disappeared or ceased.
5. For causes mentioned in No.5 and 6 of article 45, by the injured party, within 5 years
after the marriage.
Article 48. In cases of annulment or absolute nullity of marriage, the court shall order the
prosecuting attorney or fiscal to it to 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.
In all cases referred to in preceding paragraph, no judgment shall be based upon a
stipulation of facts or confession of judgment.
Article 49. During the pendency of the action and in the absence of adequate provision in a
written agreement between the spouse, 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 for in title 9. It shall also provide
for appropriate visitation right of the other present.
 Procedure in annulment and in declaration of nullity cases. SC En Banc Resolution A.M
No. 00-11-01-SC. After a complaint for the annulment or for the declaration of nullity of
marriage had been filed In RTC, the defendant is given 15 days to answer. Failure to
 answer doesn’t make the defendant in default. The court will order the full blown
hearing of the case and the fiscal shall appear in behalf of the state to make sure that
there is no collusion or the evidence is not fabricated. If the defendant shall answer
within 15 days, the issues of the case are joined and the court shall order the hearing of
the case. A full blown hearing must be undertaken where the parties are duty bound to
prove their grounds by preponderance of evidence.
 Collusion. Collusion occurs where for purpose of getting an annulment or nullity decree,
the parties come up with an agreement making it appear that the marriage is defective
due to the existence of any grounds for the annulment of marriage. Collusion implies a
corrupt agreement between the husband and wife and therefore renders dismissible
any annulment or nullity case initiated through the same.
 Stipulation of facts or confession of judgment. An annulment or nullity decree cannot
be issued by the court on the sole basis of stipulation of facts or a confession of
judgment. The former is an admission by both parties made in court agreeing to the
existence of the act constituting the ground for annulment or nullity of marriage while
the latter is the admission made in court by the respondent or defendant admitting fault
as invoked by the plaintiff to sever the marriage ties. However, stipulation of facts or
confession of judgment if sufficiently supported or corroborated by other independent
substantial evidence may warrant an annulment of marriage or declaration of nullity of
the same.
 Visitation Rights. If the parent is deprived of his or her visitational rights, this can be
reinstated if it can be shown that the ground for deprivation is too harsh or are not
present anymore.
Article 50.
Article 51.
Article 52. The judgment of annulment or of absolute nullity of the marriage, the partition
and distribution of 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.
Article 53. Either of the former spouse may marry again after complying with the
requirements of the immediately preceding article, otherwise the subsequent marriage
shall be null and void.
Article 54. Children conceived or born before the judgment of annulment or absolute
nullity of 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.
 TITLE II. LEGAL SEPARATION

Article 55. A petition for legal separation may be filed on any of the following grounds:
1. Repeated physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner.
2. Physical violence or moral pressure to compel the petitioner to change religious or
political affiliations.
3. Attempt of the 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 of more than 6 years, even if pardoned.
5. Drug addiction or habitual alcoholism of the respondent.
6. Lesbianism or homosexuality 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 the life of the petitioner.
10. Abandonment of the petitioner by respondent without justifiable cause for more
than 1 year.
For purposes of this article the term “child” shall include a child by nature or by
adoption.
 Legal Separation. Involves nothing more than bed-and-board separation. It
does not severe the marriage ties.
 Repeated physical violence or grossly abusive conduct. This ground does
not include repeated physical violence upon the child of the respondent or
the child of the guilty spouse.
 Corruption or inducement to engage in prostitution. The children here may
or may not be emancipated. The immoral and corrupt act referred to is
prostitution only. The mere “attempt” is enough to be a ground for legal
separation. The ground however does not include the child of the
respondent or the petitioner. But such act may terminate the parental
authority depending on the severity of the corruption, inducement or
connivance.
 Sexual infidelity or perversion. Although adultery and concubinage are
included in the acts of sexual infidelity, other acts of sexual infidelity short of
adultery and concubinage are enough so long as it would constitute a clear
betrayal of trust of his or her spouse by having intimate affairs with other
persons. Hence, even if a husband’s single act of sexual intercourse with
other woman may warrant the issuance of a decree of legal separation. Thus
a Filipina who obtains absolute divorce abroad and married a foreigner and
cohabits, such Filipina is technically committed intercourse with a person
 other than her husband because absolute divorce is nor recognized in the
Philippines.
 Attempt on Life. No previous criminal conviction is required for the
separation case to prosper. The criminal attempt can be proven by
preponderance of evidence.
 Unjustified abandonment. It must be an abandonment without justifiable
cause. Thus when a wife left the conjugal abode because she was being
battered by the husband, the SC ruled that the act of the wife was for a
justifiable cause and therefore cannot be ground for legal separation. There
must be an absolute cessation of marital relations, duties and rights with the
intention of perpetual separation. A spouse is deemed to have abandon the
other when he or she left the dwelling without the intention of returning.
Article 56. The petition for legal separation shall be denied by the following grounds:
1. Where the aggrieved party has condoned 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 between the parties in the commission of the offense or
act constituting the ground for legal separation.
4. Where both parties have given ground for legal separation.
5. Where there is collusion between the parties to obtain the decree of legal separation
6. Where the action is barred by prescription.
Article 57. An action for legal separation shall be filed within 5 years from the time of the
occurrence of the cause.
 Condonation. It is the act of forgiving the offense after its commission. Thus, the act of
giving money to the erring adulterous wife constitute condonation. It does not require
sexual intercourse at it may be express or implied.
 Consent. There is consent when either of the spouses agreed to or did not object,
despite full knowledge, to the act giving rise to a ground for legal separation before such
act was in fact committed.
 Connivance. It has been held where a husband employed agents to induce, persuade
and coerce his wife into participating illicit sexual activities is considered as active
connivance.
Article 58. An action for legal separation shall in no case be tried before 6 months shall have
elapsed since the filing of the petition.
Article 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.
Article 60. No decree of legal separation shall be based upon a stipulation of facts or a
confession of judgment.
In any cases, 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.
Article 61. After filing 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 power
and duties as those of a guardian under the rules of court.
Article 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.
 Procedure. Governed by SC resolution En Banc, A.M No. 00-11-01-SC.
 Cooling-off Period. Six month period designed to give the parties enough time to further
contemplate their positions in view of attaining reconciliation between them. But it can
be dispensed with if the ground for legal separation involves violence against women
and children.
Article 63. The decree of legal separation shall have the following effects;
1. The spouses shall be entitled to live separately with each other but the marriage bond
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 of any share of the net profits earned by
the absolute community or he 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.
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the offending spouse in the will
of the innocent spouse shall be revoked by operation of law.
 Marriage bond maintained. Even if they can legally live apart, a spouse can still
be held criminally liable for bigamy, concubinage, adultery because they are still
married to each other.
 Liquidation of property. The offending spouse shall have no right to any share
of the net profits which shall be forfeited in favour of the common children, if
 there is none, the children of the guilty spouse by a previous marriage or in
default of children, the innocent spouse.
Article 64. After the finality of the decree of legal separation, the innocent spouse may revoke
the donations made by him or by her in favour of the offending spouse, as well as the
designation of the latter as a beneficiary in any insurance policy, even if such designation be
stipulated as irrevocable. The revocation of the donation shall be recorded in the registries of
properties in a place 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 5 years from
the time the decree of legal separation has become final.
Article 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.
Article 66. The reconciliation referred to in the preceding article shall have the following
consequences:
1. The legal separation proceedings, if still pending, shall thereby terminated in any
stage.
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.
Article 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 separate properties of each spouse
3. The names of all their known creditors, their addresses and the amount owing to each
other.
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 measures
to protect the interest of creditors and such order shall be recorded in the proper
registries of property.
The recording of the order 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 creditors claim.
 TITLE III. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Article 68. The husband and wife are obliged to live together, observe mutual love, respect
and infidelity and render mutual help and support.
 Procreation is also an essential marital obligation considering that such obligation
springs from the universal principle that procreation of children through sexual
cooperation is the basic end of marriage.
 The court cannot compel the spouses to live together observe mutual love, respect and
fidelity for it is a moral obligation of the spouses constitutes motivating factor to
observe their duties and obligations except it is for support.
 There can be no action of damages merely because of breach of marital obligation.
 If a spouse is in bad faith refuses to comply with the above obligations and if the
property regime is separation of property, he or she may be held liable under articles
19, 20 and 21.
 Can a Husband commit rape against his wife? Under the Philippines law, a husband can
be held liable for raping his wife. However, in case the legal husband is the offender, the
subsequent forgiveness of the wife shall extinguished the criminal action or penalty.
Provided that, the crime shall not be extinguished or penalty not abated if the marriage
is void ab initio. Rape is also an act against the woman including a wife because RA No.
8353 amended the RPC by reclassifying rape as a crime against person and making it
clear that husband can be criminally liable for raping his own wife.
Article 69. The husband and wife shall fix their 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 reason for the exemptions However, such
exemption shall not apply if the same is not compatible with the solidarity of the family.
 Domicile. Place of habitual residence. It is a place where the parties intend to have their
permanent residence with the intention of always returning even if they have left it for
some time. Exemptions. If one of one of the spouse has to work in a mine in A
MOUNTAIN AND THE LIKE.
Article 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 their
separate properties.
Article 71. The management of the household shall be the right and duty of both spouses. The
expenses for such management shall be paid in accordance with the provisions in article 70.
Article 72. When one of the spouses neglects his or her duties to the conjugal union or
commits acts which tend to bring danger, dishonour or injury to the other or to the family,
the aggrieved party may apply to the court for relief.
 Relief may be in filing for legal separation if there is grounds or nullifying the marriage
based in article 36, petitioning the court for receivership, for judicial separation of
property or for authority to be the sole administrator of the community property or the
conjugal partnership subject to such precautionary conditions as the court may impose.
Article 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
2. Benefit has accrued 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 obtain consent.
The foregoing provisions shall not prejudice the rights of creditors who acted in good
faith.
 Legitimate Profession. It is acts of violence against women under RA 9262 if the husbands
compels the wife to desist from pursuing any profession or any conduct with the purpose or
effect of controlling or restricting the wife’s movement.
 The exercise by a spouse of a legitimate profession, occupation, business or activity is
always considered to redound to the benefit of the family. But an isolated transaction of
a spouse such as being a guarantor for a third person’s debt is not per se considered as
redounding to the benefit of the family and, therefore, to hold the absolute community
or the conjugal partnership property liable for any loss resulting from such isolated
activity, proofs showing a direct benefit to the family must be presented.
 The husband cannot validly object to her wife’s undertaking as a lawyer just because she
meets number of clients including men. In case of disagreement the court shall decide if
the objection is proper.
 But if the husband open a massage but it turned out to be a prostitution business, it
could be validly stopped as it is serious and immoral.
 Separate Property Liability. As a general rule, debts and obligations of whatever nature
and regardless of the time they were incurred whether before or after the marriage
ceremony, but redounding to the benefit of the family, shall be chargeable to the
conjugal partnership of gains or the absolute community property and not to the
separate property of the spouse who incurred the obligation. It is also a general rule
that an obligation incurred as a result of a spouse exercise of his or her legitimate
profession or occupation or as a result of a spouse undertaking of his or her business or
 family business and an obligation redounding to the benefit of the family or the conjugal
partnership or the absolute community, therefore shall be shouldered by the conjugal
partnership or community property.
 Hence, in case of profession which are seriously immoral and invalid, the separate
property of the erring spouse shall be liable for all obligations relating to such exercise
even if the benefits accrued in favour of the family. This is an exception to the general
rule that for as long as the obligations inured to the benefit of the family, the absolute
or conjugal property shall be liable.
TITLE IV. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
CHAPTER 1.

Article 74. The property relations 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
3. By the local customs.
Article 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. In order that any modification in the marriage settlements may be valid, it must be
made before the celebration of marriage, subject to the provisions of article 66, 67,128, 135
and 136.
Article 77. The marriage settlements and any modification thereof shall be in writing, signed
by the parties and executed before the celebration of marriage. They shall not prejudice third
person unless they are registered in the local civil registry where the marriage contract is
recorded as in the proper registries of property.
 Because of their oneness, article 1490 of the civil code provides that husband and wife
cannot sell property to each other, except when a separation of property was agreed
upon in the marriage settlements or when there has been a judicial separation of
property.
 Between husband and wife there shall be a right of accretion unless the donor has
otherwise provided.
 Under the family code, ante-nuptial agreement must be in writing is mandatory not only
for the purpose of enforceability but also for its validity. An oral settlement is void.
 The contracting parties can stipulate or agree on any arrangement in their MS that is not
contrary to law and public policy and within the limits provided in the FC. Thus the
spouses may agree that in their ACP in the event of partition it will not be equal. They
mare agree that the separation of property may refer to present or future property.
 However, parties cannot stipulate the CPG or ACP will start at a time other than the
precise moment of celebration of marriage because such agreement is void under aticle
88 and 107.
 The parties cannot stipulate that they can make substantial donation to each during
their marriage because such donation is void under article 87.
 Also, in a marriage that is terminated by a death of 1 spouse and there has no
liquidation of property of the previous marriage, the surviving spouse if he or she decide
to remarry, cannot execute a marriage settlement providing for a regime other than a
complete separation of property regime under article 103 and 130.
 If there is no marriage settlement or it is void, ACP will prevail.
 The parties may design their own property regime which is not in violation of the law.
They can make “Mixed-Up Property regime” where the spouses shall attain as their own
exclusive property all their salaries earned during the marriage but will consider any real
state purchase from the same as commonly owned while all personal properties are
exclusively owned.
 Prejudice to third parties. To bind third persons, the marriage settlement and any
modification shall be registered in the LCR where the marriage contract is recorded and
in the proper registries of property. If one of the spouse has obligation to a creditor in
which marriage settlement is properly recorded and registered, such creditor will be
prejudice.
 If there is no marriage settlement, the property regime would be ACP.
 Thus a revival of former property regime of the reconciling spouse after attaining judicial
decree of legal separation, shall be made only via a court order recorded in the proper
civil registries under article 66 and 67 of FC.
 Also on cases of abandonment, the court on petition by the aggrieved spouse may issue
a judicial separation of property.
 In a MS provides that neither the ACP or local custom shall prevail in the marriage
without particularizing which property regime shall apply, such provision is void as it
contravenes a mandatory provision under article 74. Article 5 of civil code provides that
acts executed against the provisions of mandatory law shall be void, Being void the ACP
shall prevail.
Article 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 person designated in article
14 to give consent to the marriage are made parties to the agreement subject to the
provisions of title 9 of this code.
Article 79. For the validity of any MS executed by a person upon whom a sentence of 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.
Article 80. In an absence of contrary stipulation in a MS, the property relations of the spouses
shall be governed by Philippines laws, regardless of the place of 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 county where the property is located.
3. With respect to the extrinsic validity of contracts entered into the Philippines but
affecting property situated in a foreign country whose laws require different
formalities for its extrinsic validity.
 If a contract entered into involves property abroad, the extrinsic validity of such
contract whether executed here or abroad, will not govern by Philippines laws.
 If the contract is executed here, the Philippines laws will govern the extrinsic validity
of the contract.

Article 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
spouse made therein, shall be rendered void if the marriage does not take place. However
stipulation that do not depend upon the celebration of the marriage shall be valid.
 Stipulations that do not depend upon the celebration of the marriage. An example is a
provision to support a common child of the parties is clearly an independent of the fact
of marriage. This will be valid regardless of whether or not the marriage has celebrated
because a parent is obliged to support his child, whether legitimate or illegitimate.
CHAPTER 2. DONATIONS BY REASON OF MARRIAGE.

Article 82.
December 1
Art. 89-94-97-99-100-101-102-103 20a pafr, 20b, 20C, 20d
Rule. You cannot waive your share during the marriage but you can do that when there is
judicial separation of property.
1. You can decide to have a separarate property to be not included in acp.
CRA – Conclusion, Ruling, Analogy
Start to ACP
Presumptive legitime – in annulment
General Rule. In a void marriage, there is no ACP or CPG.
- what will govern is co-ownership art. 147 and 148
Separation in fact
Art. 135s
Art. 100 – separation de facto/separation in fact
Read rule 59 of the ruless of court
 CHAPTER 4. CONJUGAL PARTNERSHIP OF GAINS

Article 105. In case the future spouses agree in the marriage settlements that the regime of
conjugal partnership of gains shall govern their property relations during marriage, the
provisions in this chapter shall be supplementary application.
The provisions of this chapter shall also apply to conjugal partnerships of gains already
established between the 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.
Article 106. Under the regime of conjugal partnerships of gains, the husband and wide place
in a common funds the proceeds, products, fruits and income from their separate properties
and those acquired by either or both spouses through their efforts or by chance, and upon
dissolution of the marriage or of the partnership, the net gains or benefits obtained by either
or both spouses shall be divided equally between them, unless otherwise agreed in the
marriage settlements.
 It has been held that paraphernal properties which is the separate property of the wife,
form part of the assets of the conjugal partnership and are therefore subjects to the
payment of the debs and expense of the spouses, but not to the payment of the
personal obligation of the husband unless it be proved that such obligations were
productive of some benefits to the family. (Quitos vs. Sheriff of Manila)
 “efforts” connotes an activity or undertaking which may or may not rewarded and
“chance” includes activities like gambling or betting.
 In the event that prior to the effectivity of this code in august 3, 1998, the spouses were
already under the CPG, that property regime shall continue after august 3, 1998 but it
shall now be governed by the provisions on CPG under the FC unless vested rights have
already been acquired under the civil code or any other law.
Article 107. The rules provided in article 88 and 89 shall also apply to conjugal partnership of
gains.
 Should the spouses agree upon CPG, its application shall commence at the precise
moment when the marriage ceremony is celebrated. What is considered is the hour and
not the date of the marriage.
 No waiver of rights, interest, shares and effects of the CPG can be made during the
marriage except upon judicial separation of property. This is to avoid undue pressure
 and influence exerted upon the weaker spouse who may be persuaded or coerced into
parting with his or her interest in the conjugal partnerships.

Article 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.
 In case of conflict between the civil code on the rules on partnership and the provision
of the FC on the CPG, the latter shall prevail.

Section 2. EXCLUSIVE PROPERTY OF EACH SPOUSE

Article 109. The following shall be the exclusive property of each spouse:
1. That which is brought to the marriage as his or her own.
2. That which each acquires during the marriage by gratuitous title.
3. That which is acquired by right of redemption, by barter or by exchanges with
property belonging to only one of the spouses.
4. That which is purchased with exclusive money of the wife or of the husband.

 The partnership does not produce the merger of the properties of each spouse. The said
properties cannot be encumbered or alienated nor disposed of by the other spouse
without the consent of the owner-spouse.
 In the event that the property was purchased by a spouse previous to the marriage and
it was only after the marraige that the property was registered under the name of the
owner-spouse with the other spouse as co-owner, such property is still exclusive
property of the spouse who bought it by his or her own exclusive funds prior to the
marriage and the registration on the certificate of title after the marriage, under the co-
ownership of the spouses to both spouse only creates a trust, thereby necessiting the
restoration to the real owner-spouses of the subject property upon liquidation. (plata
vs. Yatco Phil. 1515)
 An honorarium may be included as property acquired by gratuitous tile as it has been
defined as something given not as a matter of obligation but in appreciation for services
rendered.
 If property were acquired by gratuitous title such as by way of succession, the said
property is separate property regardless if it was acquired before or after the marriage.
 However, in the CPG, the income and the fruits of the property acquired in gratuitous
title shall be considered conjugal.
 In case of redemption, however when conjugal funds are used to effect the redemption,
the spouse making the redemption through conjugal funds is liable to the conjugal
partnership for the reimbursement of the amount used to redeem his or her own
 exclusive property. If however, there is no right of redemption to either of the spouses,
whoever buys or procures something using his or her own funds shall exclusively own
what was purchased.
 If the separate property of a spouse is used as part of the purchase price of a new
property in addition to the conjugal funds spent for the said purchase, the new property
shall be considered conjugal.
Article 110. The spouses retain the ownership, possession, administration and enjoyment of
their exclusive properties.
Either spouse may, during the marriage, 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 where the property is located.
 Administration shall include entering into contracts regarding the use of property,
engaging in litigation, and the collection of fruits, profits and income arising from the
separate property.
 He or she may also transfer administration to a stranger even without the consent of
the other spouse.
Article 111. A spouse of age may mortgage, encumber, alienate or otherwise dispose his or
her exclusive property, without the consent of the other spouse, and appear alone in court to
litigate with regard to the same.
Article 112. The alienation of any exclusive property of a spouse administered by the other
automatically terminated the administration over such property and the proceeds of the
alienation shall be turned over to the owner spouse.
 In connection with article 127, the judicial authority given to the present spouse to
administer the property constitutes a limitation to article 112. The owner spouse, who is
a party to the summary proceedings, cannot revoke the judicially approved
administration of the present spouse over his or her specific property by the mere
expediency of alienation such property. If he or she wants to alienate the property, the
owner-spouse must obtain the consent of the administrator spouse or if does not
consent, the approval of the court. Even if the administrator-spouse or the court
approves, they can as or order that a portion of the proceeds be earmarked as payment
of the owner’s spouse chare in the solidary liability.
Article 113. Property donated or left by will to the spouses, jointly and with designation of
determinate shares, shall pertain to the done-spouse 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.
Article 114. If the donations are onerous, the amount of the charges shall be borne by the
exclusive property of the done-spouse, whenever they have been advanced by the conjugal
partnership of gains.
 Accretion in case of donation. As a general rule in a joint donation, one could not
accept independently of his co-donee, for there is no right of accretion unless expressly
so provided. But exceptions is made if the joint donation is in favour of husband and
wife as stated in article 753 of the civil code.
 Thus, if a valid donation has been given to the husband and wife jointly where the donor
provided that ¼ of the property will go to the wife and 3/4 to husband, each of them
shall own such portions given as their respective separate properties. However, if the
wife did not accept her part of her donation, accretion will set I favour of the husband.
Hence, the husband will own all the property. However, if the donor provides in the
deed of donation that no right of accretion shall be available to the husband, the latter
will only get his ¾ share in the donation. If there is no designation of determinate
shares, the same rule shall apply. However, if the designation is not of determinate
shares but of determinate properties like a house or a car, accretion will not apply.
 Payment using conjugal funds. If conjugal funds are used to pay the obligations
attached to an onerous donation, the done-spouse shall reimburse the conjugal
partnership but the property remains to be his or her own exclusive property. It must be
noted however, that taxes and expenses for mere preservations made during the
marriage upon the separate property of he either spouse shall be chargeable to the
CPG.
Article 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.
 Whether retirements benefits, pensions and annuities are conjugal or separate will
depend upon how it was obtained and the circumstances of the case.
 A gratuity is an act of pure liberality. However, an annuity is not a gratuity if a recipient
thereof is entitled to it as a matter of right. Thus, where a government teacher complied
with all the requirements of the law which provides teachers, principal and supervisors
whose positions are not clerical or casual and who at the time of their retirement, have
rendered 25 years of government service shall be entitled to a retirement on an annuity
as a matter of right to the said annuity. The annuity therefore is not a gratuity. (heirs of
Berganon vs. Imperial)

Section 3. CONJUGAL PARTNERSHIP PROPERTY

Article 116. All property acquired during the marriage, whether the acquisition appeared to
have been made, contracted or registered in the name or one or both spouses, is presumed
to be conjugal unless the contrary is provided.
  When presumption is applicable. In an inscription “Martin Lucerna married to Epifania
Magallon” the phrase “married to epifania”, is mere a civil status and does not
necessarily prove that the alnd is conjugal. (Maramba vs. Lozano, et al.)
 Registration of the property is not a proof of acquisition because the property could
have been acquired while the owner was single and registered only after the marriage.
 For as long as it is proven that the property was acquired during the marriage, the
presumption applies even though the spouses are living separately.
 In a case where the husband bought property in instalment and thereafter left his family
to bigamously marry another woman and where the husband registered the property
after the full payment in the name of the other woman, it has been held that the
property is the conjugal property of the legitimate first marriage based on the provision
of the NCC and OCC that “ all property of the marriage is presumed to belong to the
conjugal partnership, unless it be proved that it pertains exclusively to the husband or
the wife” and which presumption has not been convincingly rebutted. (Balcodero vs. CA)
 Proofs consisting of tax declaration in the name of one or the spouses obtained during
the marriage are not evidence of acquisition, and hence not sufficient to give rise to the
presumption that the property is conjugal.
Article 117. The following are conjugal partnership properties:
1. Those acquired by onerous title during the marriage at the expense of the common
funds, whether the acquisition be for the partnership, or for only one of the spouses.
2. Those obtained from the labor, industry, work or profession of either or both of the
spouses.
3. The fruits, natural, industrial or civil, due or received during the marriage from the
common property, as well as the net fruits from the exclusive property of each
spouses.
4. The share of either spouse in the hidden treasure which the law awards to the finder
or owner of the property where the treasure is found.
5. Those acquired through occupation such as fishing or hunting
6. Livestock existing upon the dissolution of the partnership in excess of the number of
each kind brought to the marriage by either spouse.
7. Those which are acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be born exclusively by the loser-spouse.

 Article 439 of the Civil code, provides that “ by treasure is understood, for legal
purposes, any hidden and unknown of which does not appear.
 Hence, if a spouse is given by a third person a sweepstake ticket without
consideration and such ticket won 1M, such winning shall be considered income
and therefore belong to the CPG.
Article 188. Property bought on instalments paid partly from exclusive funds of either or
both of the spouses and partly from the conjugal funds belongs to the buyer or buyers if full
ownership was vested before the marriage and to the conjugal partnership is such ownership
was vested during the marriage. In either case, any amount advanced by the partnership or
by either or both of the spouses shall be reimbursed by the owner or owners upon liquidation
of the partnership.
 In a contract to sell or conditional sale of a parcel of alnd by instalment wherein
ownership of the property shall vest only upon the last installment, the SC held that
since the last instalment was made during the valid second marriage by conjugal funds
of the said marriage, the property rightfully belongs to the conjugal property of the
second marriage even though, during the first marriage the property was paid partly by
the conjugal funds of the first marriage and partly by the exclusive funds of the
husband. The SC also stated that in accordance with article 118, proper reimbursements
should be done.
Article 119. Whenever an amount or credit payable within a period of time belongs to one of
the spouses, the sums which may be collected during the marriage in partial payments or by
instalments on the principal shall be the exclusive property of the spouse. However, interest
falling due during the marriage on the principal shall belong to the conjugal partnership.
Article 120. The ownership of improvements, whether for utility or adornment, made on the
separate property of the spouses at the expense of the partnership or through the acts or
efforts of either or both spouses shall pertain to the conjugal partnership, or to the original
owner-spouse, subject to the following rules:
When the costs of the improvements made by the conjugal partnership and any
resulting increase in value are more than the value of the property at the time of the
improvement, the entire property of one of the spouses shall belong to the conjugal
partnership, subject to reimbursement of the value of the property of the owner-spouse at
the time of the improvement; otherwise, said property shall be retained in ownership by the
owner-spouse, likewise subject to reimbursement of the cost of the improvement.
In either case, the ownership of the entire property shall be vested upon
reimbursement, which shall be made at the time of the liquidation of the conjugal
partnership.
 But ownership shall vest only upon reimbursement to the owner-spouse which shall be
made at the time of the liquidation of the conjugal partnership.
 Article 120 only allows claims from the husband on the improvements made from the
conjugal funds if he is still the owner of the lot upon liquidation. This does not apply
when sold before his death. (Ferrer vs. Ferrer)
 If no reimbursement is made, the ownership of the property shall be retained by the
owner-spouse, likewise subject to reimbursement of the cost of the improvement. If the
 property of the owner-spouse is worth more than the improvements, the entire
improvement shall belong to the owner-spouse subject to reimbursement at the time of
liquidation in favour of the conjugal partnership.
SECTION 4. CHARGES UPON AND OBLIGATIONS OF THE CONJUGAL PARTNERSHIP

Article 121. The conjugal partnership shall be liable for:

1. The support of the spouses, their common children and the legitimate children of
either spouse; however, the support of the illegitimate children shall be governed by
the provisions of this code on support.
2. All debts and obligations contracted during the marriage by the designated
administrator spouse for the benefit of the conjugal partnership of gains, or by both
spouses or by one of them with the consent of the other.
3. Debts and obligations contracted by either spouses without the consent of the other
to the extent that the family may have been benefited.
4. All taxes, liens, charges and expenses, including major or minor repairs upon the
conjugal partnership property.
5. All taxes and expenses for mere preservation made during the marriage upon the
separate property of either spouses.
6. Expenses to enable either spouse to commence or complete a profession, vocational
or other activity for self-improvement.
7. Antenuptial debts of either spouse insofar as they have redounded to the benefit of
the family.
8. The value of what is donated or promise by the spouses in favour of their common
legitimate children for the exclusive purpose of commencing or completing a
professional or vocational course or other activity for self-improvement.
9. Expenses of litigation between the spouses unless the suit is found to be groundless.
If the conjugal partnership is insufficient to cover the foregoing liabilities, the spouses
shall be solidarily liable for the unpaid balance with their separate properties.
 The liabilities of the CPG enumerated in article 121 are the same as those
enumerated in article 94 of the FC relative to the liabilities of the ACP. Hence the
explanations are the same.
 The burden of proof that a debt was contracted for the benefit of the conjugal
partnership lies with the creditor.
 It has been held that a husband acting a guarantor or surety for another in an
indemnity agreement does not act for the benefit of the conjugal partnership but
clearly on the third party. However, if both the spouses signed the surety
agreement, then the conjugal partnership shall be liable.
  The separate properties of each spouses may also be solidarily liable if both of them
expressly made themselves liable in a solidary manner in any obligation contracted
by them for the benefit of the ACP or CPG.
 Insolvency of spouses. In an insolvency proceeding filed in the proper court, as
assignee is appointed. He or she represents the insolvent and the creditors. An
assignee takes all properties of the insolvent and obtains title thereto. He or she
shall as speedily as possible convert the estate, real or personal into money for the
purpose of settlements of the debts of the debtor. (Section 39 of Insolvency Law, Act
No. 1956)
Article 122. The payment of personal debts contracted by the husband or wife before or
during the marriage shall not be charged to the conjugal partnership except insofar as they
redounded to the benefit of the family.
Neither shall the fines and indemnities imposed upon them be charged to the
partnership.
However, the payment of the personal debts contracted by either spouse before the
marriage, that of fines and indemnities imposed upon them, as well as the support of
illegitimate children of either spouse, may be enforced against the partnership assets after
the responsibilities enumerated in the preceding article have been covered, if the spouse who
is bound should have no exclusive property or if it should be insufficient, but at the time of
the liquidation of the partnership, such spouse shall be charged for what has been paid for
the purpose above-mentioned.
 Difference from the ACP. In comparison with the 3rd paragraph of this article, under
ACP such liabilities may be charged against the community only in case the separate
property of the spouse is insufficient. This is because in the ACP, the spouses have
fewer, if any at all, exclusive properties with which to meet their personal obligations.
Article 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.

SECTION 5. ADMINISTRATION OF THE CONJUGAL PARTNERSHIP PROPERTY

Article 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 a proper remedy, which must be availed of within five
years from the date of the contract implementing such decisions.
 In the event that one spouse is incapacitated or otherwise unable to participate in the
administration of the conjugal properties, the other spouse may assume sole powers of
administration. These powers do not include the powers of disposition or encumbrance
which must have the 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.
Article 125. Neither spouses 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 in distress.
 Article 124 and 125 is exactly identical with article 96 and 98 relative to ACP.
 It has been held that conjugal properties belong equally to husband and wife, any
alienation made by the husband without the consent of his wife is invalid.
 Any cases of disposition of property by the husband over the objection of the wife, the
wife is given the right to file a case to nullify or annul not only such part of the contract
as may prejudice her but the entire contract as a whole. Hence, such sale is void.
 If the sale was with the knowledge of the wife but without her approval, such sale is
annullable at the instance of the wife who is given 5 years from the date the contract
implementing the decision of the husband to institute the case. (Ravina v. Avrille)
 In case with the knowledge but without the consent of the wife, the contract is merely
rescissible at the instance of the wife and she can question the transaction in court
within 5 years from the implementation of the contract.

SECTION 6. DISSOLUTION OF CONJUGAL PARTNERSHIP REGIME

ARTICLE 126. The conjugal partnership terminates:
1. Upon the death of either spouse.
2. When there is a decree of legal separation.
3. When the marriage is annulled or declared void
4. In case of judicial separation of property during the marriage under article 134 and
138.

 Article 126 is exactly the same with article 99 hence, explanation are the same.
Article 127. The separation in fact between husband and wife shall not affect the regime of
conjugal partnership, except that:
 1. The spouse who lives 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 the transaction of the other is required by law,
judicial authorization shall be obtained in a summary proceedings.
3. In the absence of sufficient conjugal partnership property, the separate property of
both spouses shall be solidarily liable for the support of the family. The spouse
present shall, upon 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.

 Article 127 is the same with article 100.

 As to item no. 3, any debt incurred for the support of the family is a liability of
the CPG. Hence, even of one of the spouses left the conjugal home without
justifiable reasons, any debt incurred by any spouse for the benefit of the family
shall be chargeable to the community property. Their separation in fcat will not
justify the non-liability of the community property.
Article 128. 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
conjugal partnership property subject to such precautionary conditions as the court may
impose.
The obligations to the family mentioned in the preceding paragraph refer to marital,
parental or property relations.
A spouse may deemed to have abandoned the other when he or she has left the conjugal
dwelling without intention of returning. The spouse who has left he 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 128 is exactly the same with article 101.

SECTION 7. LIQUIDATION OF THE CONJUGAL PARTNERSHIP ASSETS AND LIABILITIES

Article 129. Upon the dissolution of the conjugal partnership regime, the following procedure
shall apply:
1. An inventory shall be prepared, listing separately all the properties of the conjugal
partnership and the exclusive properties of each spouse.
2. Amounts advanced by the conjugal partnership in payment of personal debts and
obligations of either spouse shall be credited to the conjugal partnership as an asset
thereof.
 3. Each spouse shall be reimbursed for the use of his or her exclusive funds in the
acquisition of property or for the value of his or her exclusive property, the ownership
of which has been vested by law in the conjugal partnership.
4. The debts and obligations of the conjugal partnership shall be paid out of the conjugal
assets. In case of insufficiency of said assets, the spouses shall be solidarily liable for
the unpaid balance with their separate properties, in accordance with the provisions
of paragraph 2 of article 121.
5. Whatever remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
6. Unless the owner has been indemnified from whatever source, the loss or
deterioration of movables used for the benefit of the family, belonging to either
spouses, even due to fortuitous event, shall be paid to said spouse from the conjugal
funds, if any
7. The net remainder of the conjugal partnership properties shall constitutes the profits,
which shall be divided equally between the husband and wife, unless a different
proportion or division was agreed upon in the marriage settlements or unless there
has been voluntary waiver or forfeiture of such share as provided in this code.
8. The presumptive legitimes of the common children shall be delivered upon partition in
accordance with article 51.
9. In the partition of properties, the conjugal dwelling and the lot on which it is situated
shall, unless otherwise agreed upon by the parties, be adjudicated to the spouse with
home the majority of the common children choose to remain. Children below the age
of 7 years old are deemed to have chosen the mother, unless the court has decide
otherwise. In case there is no such majority, the court shall decide, taking into
consideration the best interest of children.

 Liquidation of partnership. May be liquidated by extra judicial settlement, ordinary

action of partition, or by way of testate or intestate proceedings.
 If separate funds of any of the spouses are used to buy conjugal properties, such
amount shall be reimburse to the spouse.
 Reimbursements for the advances must be paid first before paying the other debts and
obligations of the conjugal partnership.
 The waiver of rights must be valid. It is invalid if made during the subsistence of the
conjugal partnership of gains under article 107 in relation to article 89. A valid waiver
can only occur upon a judicial separation of property or after the marriage has been
dissolved or annulled and must be contained in a public instrument as provided for in
the 2nd par of article 107 in relation to article 89.
Article 130. Upon the termination of marriage by death, the conjugal partnership property
shall be liquidated in the same proceedings for the settlement of the state of the deceased.
 If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the
conjugal partnership property either judicially or extra-judicially within one year from the
death of the deceased spouse. If upon the lapse of the one-year period no liquidation is
made, any disposition or encumbrance involving the conjugal partnership property of the
terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without compliance with the
foregoing requirements, a mandatory regime of complete separation of property shall govern
the property relations of the subsequent marriage.
 Article 130 and article 103 are identical hence explanations are the same.
 The statement in Transfer Certificate of ttile describing the owner as married to
somebody does not constitute conjugality. Hence in the absence of proof that the
property was acquired during the marriage, it shall be considered as owned by the
person stated in the certificate despite the description that he or she is married to
someone. Accordingly in case of death of the owner, the exclusive property shall be co-
owned by the surviving spouse and his or her heirs.
Article 131. Whenever the liquidation of the conjugal partnership properties of two or more
marriages contracted by the same person before the effectivity of this code is carried out
simultaneously, the respective capital, fruits and income of each partnership shall be
determined upon such proofs as may be considered according to the rules of evidence. In
case of doubt as to which partnership the existing properties belong, the same shall be
divided between and among the different partnership in proportion to the capital and
duration of each.
 Article 131 has the same application with that of article 104.
 If there are two or more conjugal partnership properties of two marriages which have
not yet been liquidated, the subsequent partnership cannot be liquidated without the
liquidation of the prior one.
Article 132. The rules of court on the administration of estates of deceased persons shall be
observed in the appraisal and sale of property of the conjugal partnership, and other matters
which are not expressly determined in this chapter.
Article 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 until what
belong to them is delivered; but from this shall be deducted the amount received for support
which exceeds the fruits or rents pertaining to them.
Advancements. Once a spouse dies, the surviving spouse and the children become co-heirs by
the estate left by the deceased. Hence, during liquidation they have the right to get certain
amounts from what they technically own to support themselves. The amounts which they are
allowed to get must at least be equivalent to the fruits or rents arising from the share which
they will eventually obtain after liquidation. Once exceeded, the excess shall be taken from the
part of the property which has been given to them as their separate property after liquidation.
Hence, the advance from the common mass of property made during the liquidation shall be
paid first by the fruits of their respective shares. If the fruits are insufficient because their
advances exceeded the amount of the fruits, then the excess shall be taken from the particular
share delivered to them after liquidation. (See Santos v. Bartolome, 44 Phil. 76). Thus, the
allowances for support to the children and the spouse of the deceased pending liquidation of
the estate are subject to collation and deductible from their share of the inheritance in so far as
they exceed what they are entitled to as fruits or income (Lesaca v. Lesaca, 91 Phil. 135).
 Grandchild are not included as heirs.

CHAPTER 5. SEPARATION OF PROPERTY OF THE SPOUSE AND ADMINISTRATION OF

COMMON PROPERTY BY ONE SPOUSE DURING THE MARRIAGE

Article 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.
 If the husband and wife prior to the marriage, did not execute any written marital
agreement providing that the separation property regime will govern their property
relationship, they cannot after the marriage ceremony, alter their property relationship
to a separate property regime without mandatory judicial approval.
Article 135. Any of the following shall be considered sufficient cause for judicial separation of
property.
1. That the spouse of a petitioner has been sentenced to a penalty which carries with
it civil interdiction.
2. That the spouse of the petitioner has been judicially declared an absentee.
3. That loss of parental authority of the spouse of petitioner has been decreed by the
court.
4. That the spouse of the petitioner has abandoned the latter or failed to comply
with his or her obligations to the family as provided for in article 101.
5. That the spouse granted the power of administration in the marriage settlements
has abused that power
6. That at the time of the petition, the spouses have been separated in fact for at
least one year and reconciliation is highly improbable.
In cases provided for in numbers 1, 2 and 3, the presentation of the final judgment
against the guilty or absent spouse shall be enough basis for the grant of the decree of
judicial separation of property.
  Civil interdiction. The accessory penalty of civil interdiction deprives the offender during
the time of his or her sentence of the rights of parental authority, or guardianship,
either as to the person or property of any ward, of marital authority, of the right to
manage and dispose of his property by any act or any conveyance inter vivos.
 Loss of parental authority refers to the loss of such authority over the common child,
whether legitimate or illegitimate, of the spouse of the petitioner and the petitioner,
over the child whether legitimate or illegitimate, of the spouse of the petitioner with
another person. The law does not distinguish.
 The spouse who have left the conjugal dwelling for a period of 3 months or has failed
within the same period to give information as to his or her whereabouts shall be prima
facie presumed to have no intention of returning. Failure to comply with the obligations
of the family refers to marital, parental or property relations.
 Reason. For protection of property rights of the other spouse.
 Abuse of administration. Abuse connotes wilful and utter disregard of the interest of
the partnership, evidenced by a repetition of deliberate acts and/or omissions
prejudicial to the latter. Hence, it has been held that mere refusal or failure of the
husband as administrator of the conjugal partnership to inform the wife of the progress
of the family business does not constitute abuse of administration.
Article 136. The spouses may jointly file a verified petition with the court for the voluntary
dissolution of the absolute community or the conjugal partnership of gains, and for the
separation of their common properties.
All creditors of the absolute community or of the CPG, as well as the personal creditors
of the spouse, shall be listed in the petition and notified of the filing thereof. The court
shall take measures to protect the creditors and other persons with pecuniary interest.
 If the reason is stated in the petition and the same is against public policy, the court
must reject the agreement.
 The agreement for division of the community property or conjugal partnership
property must be equal unless different proportion has been agreed upon in the MS
there has been a valid waiver of such share as provided in the FC. A valid waiver may
be made upon judicial separation of property.
 The agreement for voluntary separation of property takes effect from the time of
the judicial order decreeing the judicial separation of properties.
 In case of a waiver of one of the spouses, any creditor of the spouse who made such
waiver may petition the court to rescind the waiver tot eh extent of the amount
sufficient to cover the amount of the credit.
Article 137.Once the separation of property has been 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.
 Hence, the processes laid down in article 102 and 129 must be observed. However, the
delivery of the presumptive legitime need not be complied with, as such delivery applies
only in case the marriage is either judicially annulled under article 45 or declared void
for non-observance of article 40.
Article 138. After dissolution of the absolute community or the conjugal partnership, the
provisions on complete separation of property shall apply.
Article 139. The petition for separation of property and the final judgment granting the
same shall be recorded in the proper local civil registries and registries of property.
Article 140. The separation of property shall not prejudice the rights previously acquired
by the creditors.
 Rights or creditors. The recording in the registry is to aid present and future and future
creditors in determining whether an asset of a spouse is conjugal or really separate.
Article 141. The spouses may, in the same proceedings where the separation of property was
decreed, file a motion in court for a decree reviving the property regime that existed between
them before the separation of property in any of the following instances.
1. When the civil interdiction terminates.
2. When the absentee spouse reappears.
3. When the court being satisfied that the spouse granted the power of administration in
the marriage settlements will not again abuse the power, authorizes the resumption
of said administration.
4. When the spouse who has left the conjugal home without a decree of legal separation
resumes common life with the other.
5. When the parental authority is judicially restored to the spouse previously deprived
thereof
6. When the spouse who have separated in fact for at least 1 year, reconcile and resume
common life.
7. When after voluntary dissolution of the ACP or CPG has been judicially decreed upon
the joint petition of the spouses, they agree to the revival of the former property
regime. No voluntary separation of property may thereafter be granted.

The revival of the former property regime shall be governed by article 67.

 The agreement to revive the former property regime 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 separate properties of each spouse
3. The names of all their known creditors, their addresses and the amount owing to
each.

Article 142. The administration of all classes of exclusive property of either spouse maybe
transferred by the court to the other spouse:
1. When spouse becomes the guardian of the other.
2. When one spouse is judicially declared an absentee
3. When one spouse is sentences to a penalty which carries with it civil interdiction
4. When one spouse becomes a fugitive from justice or is hiding as an accused in a
criminal case.

If the other spouse is not qualified by reason of incompetence, conflict of interest, or

any other just cause, the court shall appoint a suitable person to be the administrator.
 Fugitive. One having committed or being accused of a crime is absent for any reason
specifically one who flees to avoid punishment.

CHAPTER 6. REGIME OF SEPARATION OF PROPERTY

Article 143. Should the future spouses agree in the MS that their property relations during
marriage shall be governed by the regime of separation of property, the provisions of this
chapter shall be suppletory.
Article 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.
 However, It is not valid for the contracting parties to agree in their MS that the ACP or
CPG shall govern their marital property relationship only up to a certain time and
thereafter the separation of property regime shall commence and govern because it is
not provided by law, particularly article 99 and 126 of the FC.
Article 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own
separate estate, without need of the consent of the other. To each spouse shall belong all
earnings from his or her profession, business or industry and all fruits, natural, industrial or
civil, due or received during the marriage from his or her separate property.
Article 146. Both spouses shall bear the family expenses in proportion to their income, or, in
case of insufficiency or default thereof, to the current market value of their separate
properties.
The liability of the spouses to creditors for family expenses shall however be solidary.

CHAPTER 7. PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE

Article 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
avoid 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 good faith, the share of the party in
bad faith in the co-ownership shall be forfeited in favour of their common children. In case of
default or waiver by any or all of the common children or their descendants, each vacant 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.
 Article 147 and 148 is a special kind of co-ownership. Co-ownership is a form of trust
and every co-owner is a trustee for the other.
 To qualify under article 147, the following requisites must concur.
1. Must be capacitated to marry each other
2. To live exclusively with each other as husband and wife
3. Be without the benefit of marriage or under a void marriage.
 In Valdes vs. RTC, the SC stated that in a void marriage, the property regime are those
provided in article 147 and 148 as the case may be. In a void marriage, the conjugal
 home shall equally be co-owned by the couple and shall be divide equally during
liquidation in accordance with the rules on co-ownership.
 If the void marriage involved is any void marriage other than the subsequent void
marriage referred to in article 40, then the forefeiture shall be in accordance with article
147 and 148. Under article 147, the spouse in bad faith shall forfeit not only his or her
share in the net profits but all his or her shares in the co-ownership in favour of their
common children. In case of default of or waiver by any or all of the common children or
their descendants, each vacant shall belong to the respective descendants. In the
absence of descendants, such share shall belong to the innocent party.
 Under article 148, 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 marriage, and if the party who acted in bad faith is not validly married to
another, his or her share shall be forfeited in the manner provided in article 147.
Article 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 evidence of credit.
If one of the parties is validly married to another, his or her share in the co-ownership
shall accrued 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 share
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.
 Any requirement in article 147 is absent, article 148 will apply.
 The parties may be deemed to be co-owners of a property acquired during cohabitation
only upon proof that each made an actual contribution to its acquisition. Merely
administration by the other party does not prove co-ownership.
 Relationships contemplated under article 148
1. A man and a woman living together as husband and wife without the benefit of
marriage, but are not capacitated to marry each other.
2. An adulterous relationship even if occurred prior to the effectivity of the FC
3. A bigamous or polygamous marriage
4. Incestuous void marriage under article 37
5. Void marriage by reason of public policy under article 38.
 TITLE V. THE FAMILY
CHAPTER 1. THE FAMILY AS AN INSTITUTION

Article 149. The family, being the foundation of the nation, is a basic social institution which
public policy cherishes and protects. Consequently, family relations are governed by law and
no custom, practice or agreement destructive of the family shall be recognized or given
effect.
 Section 4 Rule 3 of the 1997 Rules of Civil Procedure. “husband and wife shall sue and
be sued jointly except as provided by law”. The necessity of being jointly sued is because
the spouses are joint administrators of either the ACP or CPG.
 Article 111 of the FC provides that a spouse may appear alone in court if the litigation is
his or her separate and exclusive property.
Article 150. Family relations include those:
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, whether the full or half-blood.
Article 151. No suit between the members of the family shall prosper unless it shall appear
from the verified complaint and 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
case must be dismissed.
This rule shall not apply to cases which may not be the subject of compromise under the
Civil Code.
 Members enumerated as family relations should be construed strictly. Any person not
included in the enumeration cannot be considered as within the “family relations”.
Hence, if the suit is between the husband and his sister-in-law, the requirement of
“earnest efforts to seek a compromise” will not involve.
  Earnest efforts to compromise. Before a suit can be filed against another member of
the family as enumerated in article 150, earnest efforts must first be made to settle the
case amicably otherwise the suit is dismissible.
 Exceptions. Not included if the suit is between family member and a stranger. Does not
apply also to special proceedings like a petition for the settlement of estate
guardianship and custody of children and habeas corpus. The term “suit” provided by
law implies only civil actions. This also will not apply to cases to cases enumerated in
article 2035 of the Civil code as the following
1. The civil status of person
2. The validity of a marriage of a legal separation
3. Any ground for legal separation
4. Future support
5. The jurisdiction of courts
6. Future legitime

CHAPTER 2. THE FAMILY HOME

Article 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.
Article 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.
 Constitution. The requirement of a house and land as a constitutive of a family home
stresses the element of permanence. The occupancy must be actual and not
constructive, something which is merely possible or presumptive. Hence, one cannot
claim that he or she has occupied the premises at the time his or her maid, houseboy,
overseer or driver has lived in the said place because occupancy must be actual and not
constructive.
 A family home cannot be constituted by the husband or a wife alone and it must be
jointly constituted. An unmarried head of the family can constitute his or herself alone.
The occupancy of any of the beneficiaries can constitute a home as a family home.
Hence, even if a married person is legally separated or de facto separated, a family
home can still be constituted if his or her beneficiaries actually occupies the house and
land with his or her consent.
Article 154. The beneficiaries of a family home are:
 1. The husband and wife, or an unmarried person who is the head of a family
2. Their parents, ascendants, descendants, brother and sisters, whether the relationship
be legitimate or illegitimate, who are living in the family home and who depend upon
the head of the family for legal support.

 To be a beneficiary of the family home, 3 requisites must concur

1. They must be among the relationship enumerated in article 154 of the FC
2. They live in the family home
3. They are dependent for legal support upon the head of the family.
 The beneficiaries are most likely to be affected by the constitution and
disposition of the family home. Thus in case the family home has to be sold by
the owner, he or she has to obtain the consent of a majority of the beneficiaries
of legal age.
 The enumeration in article 154 may include the in-laws if family home
constituted jointly by husband and wife but definitely excludes maids and
overseers.
Article 155. The family home shall be exempt from execution, forced sale or attachment
except:
1. For non-payment 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 constitutions
4. For debts due to laborers, mechanics, architects, builders, materialmen and others
who have rendered service or furnished material for the construction of the building.

 The term “debt” especially under article 155, is not qualified and must be used in
its generic sense, i.e “obligations” in general. It includes money judgment arising
from tort. The whole value of the family home may be used to pay off the
obligations under article 155.
Article 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 instalment where
ownership is reserved by the vendor only to guarantee payment of the purchase price may be
constituted as a family home.
 The family home must be constituted at a place where there is fixed and
permanent connection with the persons constituting it. Thus, an apartment or a
house being merely rented cannot be constituted as a family home. Also a house
erected by a person on the property of another is not a family home.
Article 157. The actual value of the family home shall not exceed, at the time of its
constitution, the amount of 300,000 pesos in urban areas, and 200,000 pesos in rural areas or
such amounts as may hereafter fixed by law.
In any event, if the value of the currency changes after the adoption of this code, the
value most favourable for the constitution of a family home shall be the basis of the
evaluation.
For purpose 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.
Article 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.
 Thus, for the family home to be leased, the written consent of all the people
mentioned must be obtained considering that a lease is an encumbrance.
Article 159. The family home shall continue despite the death of one or both spouses or of
the unmarried head of the family for a period of 10 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.
Article 160. When a creditor whose claim is not among those mentioned in article 155 obtains
a judgment in his favour, 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 of 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.
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 costs. The excess, if any, shall be delivered to
the judgment debtor.
 Hence if a creditor has a judgment in his favour directing the debtor to pay
500,000 and the debtor owns a family home with a current value of 1M, such
judgment creditor can execute the family home. If the family home was sold for
 700,000 the sheriff has to give first the debtor the amount of 300,000 and the
balance of 400,000 to the judgment creditor. The idea in having the house
immune as to 300,000 is for the judgment debtor to be able to build a new
family home.
 However, the judgment-claim and the judgment creditor should not be one of
those mentioned in article 155. Hence, if the judgment creditor are the laborers
and the 500,000 is the amount due them for rendering the service, the whole
amount of 700,000 shall be applied first to them. Hence, the amount of 500,000
shall be given to them first and 200,000 then to the debtor. If the house was sold
for 500,000 then the laborers will get all the 500,000.
Article 161. For purposes of availing of the benefits of the family home as provided for in this
chapter, a person may constitute, or be the beneficiary of, only one family home.
Article 162. The provision in this chapter shall also govern family residence insofar as said
provisions are applicable.

TITLE VI. PATERNITY AND FILIATION

CHAPTER 1. LEGITIMATE CHILDREN

Article 163. The filiation of children may be by nature or by adoption. Natural filiation may be
legitimate or illegitimate.
Article 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 of 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 instrument shall
be recorded in the civil registry together with the birth certificate of the child.
Article 165. Children conceived or born outside of a valid marriage are illegitimate, unless
otherwise provided in this code.
 Paternity and filiation. It refers to the relationship or tie which exist between parents
and their children.
 In concepcion vs. CA, the SC stated, that in case of conflict between a presumption of
law that a child born inside a valid marriage is legitimate and a presumption of fact
arising from the statement of filiation in an birth certificate, the presumption of law will
prevail.
  Exceptions. Under article 54 of the FC, children conceived or born before the judgment
of annulment or absolute nullity of marriage has become final and executory shall be
considered legitimate. Also, under article 54, children conceived or born from
subsequent void marriage due to failure to comply the contracting parties of article 52
and 53 shall be considered legitimate.
 Artificial Insemination.
2 types
1. Homologoues Insemination – process by which the wife is artificially impregnated
with the semen of her husband. This procedure is referred to as AIH or artificial
insemination husband.
2. Heterologous insemination – artificial insemination of the wife by the semen of the
donor and referred to as AID artificial insemination donor. It may be consensual,
with the consent of the husband or non-consensual.
 If the written authorization or ratification contained in the public instrument was
obtained thru mistake, fraud, violence or undue influence, intimidation, the husband
may impugn the legitimacy of the child in these grounds.
 However, it must be observed that even if the requirements in second paragraph of
article 164 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 shall still be
considered legitimate because that child has been conceived or born during the valid
marriage of the parents pursuant to the first paragraph of article 164.
 No criminal liability for adultery of wife artificially inseminated without the consent of
the husband. This is because the procedure does not involve sexual intercourse which is
one of the essential elements of adultery.
Article 166. The legitimacy of the child may be impugned only on the following grounds.
1. That it was physically impossible of 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 nor possible.
c. Serious illness of the husband, which absolutely prevented sexual intercourse.
2. That it proved that for biological or scientific reasons, the child could not have been
that of the husband, except in the instance provided in the second paragraph of article
164
3. That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud,
violence, intimidations or undue influence.
Article 167. The child shall be considered legitimate although the mother may have declared
against its legitimacy or may have been sentenced as an adulterous.
 If the grounds enumerated in article 166 is proven, the child will either be legitimate or
illegitimate insofar as the husband is concerned. Insofar as the mother is concerned, the
child will be considered illegitimate.
 Both article 166 and 167 only apply to a situation where a child has been delivered by
his natural mother. This does not apply to a situation where the child did not come from
her own womb.
 If the husband agreed to the artificial insemination of the wife by the sperm of another
man and the spouses observed all the requirements of the law, the husband cannot
anymore impugn the legitimacy of the child thereby consenting to make the child as his
legitimate child in accordance with the law.
 However, if the donor is another man and the husband objected on artificial
insemination, did not want to comply with the procedure laid down in article 164, he
can impugn the child’s status by invoking any of the grounds under article 166 (1 and 2).
 In case the husband acceded to the artificial insemination of his wife using the sperm of
another man but did not comply with the procedure lain down in article 164 and he let
the prescriptive period for impugning the legitimacy of the child, the child will be
considered as legitimate child of the husband and the wife by virtue of the first
paragraph of article 164.
Article 168. If the marriage is terminated and the mother contracted another marriage within
300 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 180 days after the solemnization of the subsequent marriage is
considered to have been conceived during the former marriage, provided it be born
within 300 days after the termination of the former marriage.
2. A child born after 180 days following the celebration of the subsequent marriage is
considered to have been conceived during such marriage, even though it be born
within the 300 days after the termination of the former marriage.

 Access presumed prior to termination of marriage. This is so because it is not

unlikely that the spouse could engage in sexual intercourse just prior to the
death of one of them or before the issuance of a decree of annulment or decree
of nullity of marriage.
 Access not presumed after termination of marriage. The duty of the parties to
cohabit disappears and they have abided by or obeyed the decree of annulment
or nullity of marriage.
 Presumption of filiation in case of two marriages. Article 168 will not apply in
case there are convincing proof of filiation that the father of the child is the
 previous husband or subsequent husband. It will only apply “in the absence of
proof to the contrary”. The status of the child depends upon the status of the
marriage in which he or she is conceived.
 If the first marriage is annulled, the child conceived during the first marriage
shall be legitimate because an annulled marriage is valid up to the time it is
terminated. If the first marriage is declared null and void on the ground of article
36 and 53, the child shall be legitimate pursuant to article 54. However, if the
first marriage is void ab inito on any other ground, the child shall be legitimate.
 If the second marriage is annullable, the child is considered legitimate. If the
second marriage is void, the child is illegitimate except when the ground fro
nullity is either article 36 or 53 pursuant to article 54.
Article 169. The legitimacy or illegitimacy of a child born after 300 days following the
termination of the marriage shall be proved by whoever alleges such legitimacy or
illegitimacy.
 No presumption for a child born after 300 days after termination of marriage.
 No 2nd marriage happened so anybody can be a father of the child.
Article 170. The action to impugn the legitimacy of the child shall be brought within 1 year
from the knowledge of the birth or its recording in the civil registrar, 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 3 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.
Article 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
3. If the child was born after the death of the husband.

 Legitimacy cannot be collaterally attacked or impugn. Only the husband can file a direct
action to impugn the legitimacy of the child.
 If a wife gives birth to a child of her paramour, the said child is born inside the valid
marriage of the wife and the husband and such child is considered legitimate as to the
husband and wife. In the event the paramour files an action for the custody of the child
 contending that he is the natural father, the action should be dismissed because only
the husband, as a general rule, can claim that the child is illegitimate in a direct action
for the purpose and only on the grounds provided by law.
 Reason for the limitation of parties with legal standing. It is based upon a desire to
protect innocent child against attack upon paternity.

CHAPTER 2. PROOF OF FILIATION

Article 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 final judgment.
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 forgoing evidence, the legitimate filiation shall be proved
by:
1. The open and continuous possession of the status of a legitimate child
2. Any other means allowed by the rules of court and special laws.

 Record of birth. A record of birth appearing in civil register is good proof

as it proceeds from an official government source. If the alleged father
did not sign in the birth certificate, the placing of his name by the
mother, doctor or registrar is incompetent evidence of paternity of said
child.
 However, as between a presumption of fact created by the record of
birth and a presumption of declaration of law provided for in article 164,
the latter will prevail.
 Final Judgment. It is a judicial decision bearing on the status of the
children as legitimate and hence binding and conclusive. It is a public
document. Hence, final judgment arising from an action to claim
legitimacy under article 173 is proof of filiation.
 A final judgment based on a compromise agreement where the parties
stipulated and agreed on the status of a person is void. Contractually
agreeing and establishing the civil status of a person is against the law
and public policy.
 Evidence under the rules of court and special laws. It has been held that
pictures, typewritten letters and affidavits do not constitute proof of
filiation. The fact alone that a person used his father’s surname after the
latter’s death, does not constitute a proof of filiation or paternity.
 DNA testing is also a valid means of determining paternity.
  In People vs. Vallejo, the court said that in assessing the probative value
of DNA, the court should consider how the sample were collected, how
they were handled, the possibility of the contamination of the samples,
the procedure followed in analysing the samples, whether the proper
standards and procedures were followed in conducting the tests and the
qualification of the analysts who conducted the tests.

Article 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.
The action already commenced by a child shall survive notwithstanding the death of
either or both of the parties.
Article 174. Legitimate children shall have the right:
1. To bear the surname 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.
3. To be entitled to the legitime and other successional rights granted to them by the
civil code.

 As to the successional rights, the legitime of each illegitimate child shall consists
of one-half of a legitime of a legitimate child. Alos, the illegitimate child has no
right to inhere tab intestato from the legitimate children and relatives of his
father or mother.

CHAPTER 3. ILLEGITIMATE CHILDREN

Article 175. Illegitimate children may established their illegitimate filiation in the same way
and on the same evidence as legitimate children.
The action must be brought within the same period specified in article 173, except
when the action is based on the second paragraph of article 172, in which the case the action
may be brought during the lifetime of the alleged parent.
 Thus, if a philandering husband has a concubine, a child of the concubine by such
philandering husband is surely illegitimate. The illegitimate child may file an
 action to claim his illegitimate status vis-à-vis the said philandering husband.
However, if the concubine has her own spouse, the child cannot file an action to
claim his illegitimate status against the philandering husband because the said
child is born inside the marriage of the concubine and her own spouse. The law
declares that a child conceive inside a valid marriage is considered legitimate. It
is up to the concubine’s spouse to file a case to impugn the legitimacy of the
child. Only the concubine’s spouse and his heirs are given legal standing to
impugn the legitimacy of the child as provided in article 170 and 171 of the FC. If
the concubine’s spouse obtains a court decision that the child is not his, only
then the child can claim his illegitimate status vis-à-vis the philandering husband.
Article 176. Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this code.
However, illegitimate children may use the surname of their father if their filiation has been
expressly recognized by the father through the record of birth appearing in the civil register,
or when in an admission in a public document or private handwritten instrument is made by
the father. Provided, the father has the right to institute an action before the regular courts
to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consists
of one-half of the legitime of the legitimate chid.
 Once parental authority is vested, it cannot be waived except in cases of
adoption, guardianship and surrender to a children’s home or an orphanage. If a
father lives together with his illegitimate child, whom the said father admits as
his, and the said child’s mother, parental authority shall be exercised by both the
father and the mother.

CHAPTER 4. LEGITIMATED CHILDREN

Article 177. Children conceived and born outside of wedlock of parents who, at the time of
conception of the former, were not disqualified by any impediment to marry each other, or
were so disqualified only because either or both of them were below 18 years of age, may be
legitimated.
Article 178. Legitimation shall take place by a subsequent valid marriage between parents.
The annulment of a voidable marriage shall not affect the legitimation.
Article 179. Legitimated children shall enjoy the same rights as legitimate children.
Article 180. The effects of legitimation shall retroact to the time of the child’s birth.
 Requirements. The following are essential and mandatory requirements in the
process of legitimation.
 1. The parents do not suffer any legal impediments or are disqualified to marry
because either one or both of them are 18 years of age at the time of the
conception of the child by the mother.
2. The child has been conceived or born outside of a valid marriage. This is the
rule because if the child is either conceived or born within a valid marriage,
the said child is declared by law as legitimate.
3. The parents subsequently entered into a valid marriage. It is this last step
which by operation of law will finally legitimate the child. The annulment of a
voidable marriage shall not affect the legitimation.
Article 181. The legitimation of children who died before the celebration of the marriage shall
benefit their descendants.
 Under the law, legitimate ascendants and descendants are obliged to support
each other. Hence, in the legitimate direct line, a great grandparent is obliged to
support his great-grandchild. However, under the law also, in case there is
illegitimate child involved, parents are only obliged to support their illegitimate
children and the illegitimate and legitimate children of the latter. In short, in the
illegitimate direct line, great-grandparents are not obliged to support their great
grandchildren. Thus, if Maria has an illegitimate child named Pedro, conceived
and born at a time when she and jose, who was the natural father of Pedro,
were capacitated to marry, and Pedro has a legitimate child named Miguel, who
in turn had a legitimate child named Juan, Maria is not obliged to support Juan
because Maria’s obligation under the law only extends up to her grandson
Miguel. If after the death of her illegitimate child Pedro, Maria got validly
married to Jose, Pedro is thereby legitimated after his death. Hence, he should
have enjoyed the rights of a legitimate child while he was still living. Pedro’s
legitimation after his death benefits his descendants. One of which is Juan.
Hence, Maria is now obliged to support Juan in the proper cases specified in the
family code.
Article 182. Legitimation may be impugn only by those who are prejudiced in their rights,
within 5 years from the time their cause of action accrues.
 “rights” generally refers to successional rights
 In being legitimated, the child acquires all rights of a legitimate child.

TITLE VII. ADOPTION

Article 1. General Provisions

  Statutory Creation. All statutory requirements of adoption must be met and where a
court issues an adoption decree despite the fact the all the requirements are not met,
such decree is nullity. However, if the mandatory requirements are present but there
are only irregularities, substantial compliance of the mandatory requirements is enough.
Article 2. Pre-adoption services
Sec. 4. Counse