1

PERSONS AND FAMILY RELATIONS

I. Persons

A. When law takes effect doctrine C. Retroactivity of laws -

 Art. 2. Laws shall take effect after fifteen days following the  Art. 4. Laws shall have no retroactive effect, unless the contrary
completion of their publication in the Official Gazette, unless it is provided.
is otherwise provided. This Code shall take effect one year after
such publication.  Laws may be given retroactive effect when:
1. it expressly provides;
 The Civil Code took effect on August 30, 1950 2. It is curative or remedial;
3. It is procedural;
 Art. 2 provides publication only in the Official gazette, thus, EO 4. It is penal in character and is favorable to the accused.
No. 200 was issued on June 18,1987 to add newspapers of
general circulation as means of publication. D. Mandatory or prohibitory laws

 Publication MUST be in full or it is not publication at all.  Art. 5. Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law itself
“ authorizes their validity.
 Publication is an indispensable requisite.

 “take effect immediately”means that it shall take effect  A MANDATORY provision of law is that which when omitted,
immediately after publication. renders the proceeding or acts to which it relates generally
illegal or void, meanwhile a PROHIBITORY provision of law is
B. Ignorance of the law that which contain positive prohibition and is couched in the
negative terms importing that the act required SHALL NOT BE
 Art. 3. Ignorance of the law excuses no one from compliance therewith.
DONE otherwise than designated.
 When a law is passed, public is always put on constructive notice of the
law’s existence and effectivity
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E. Waiver of rights G. Legal periods

 Art. 6. Rights may be waived, unless the waiver is contrary to  Art. 13. When the laws speak of years, months, days or nights,
law, public order, public policy, morals, or good customs, or it shall be understood that years are of three hundred sixty-five
prejudicial to a third person with a right recognized by law. days each; months, of thirty days; days, of twenty-four hours;
and nights from sunset to sunrise.
 Waiver is the intentional relinquishment of a known right
 If months are designated by their name, they shall be
 Requisites of a valid waiver: computed by the number of days which they respectively have.
1. right is known to the person waiving ;
2. Waiver is intentionally done.  In computing a period, the first day shall be excluded, and the
last day included.
 Waivers cannot be made if they are contrary to law, public
order, public policy, morals, or good customs, or prejudicial to a
H. Territoriality principle
third person with a right recognized by law.
 Art. 14. Penal laws and those of public security and safety shall
F. Presumption and applicability of custom be obligatory upon all who live or sojourn in the Philippine
territory, subject to the principles of public international law
 Art. 11. Customs which are contrary to law, public order or and to treaty stipulations.
public policy shall not be countenanced. (n)

 Art. 12. A custom must be proved as a fact, according to the I. Conflict of laws
rules of evidence.
 In conflict of laws, it is the state’s domestic law that directs the
 Customs has been defined as a rule of conduct formed by courts and administrative agencies to apply ( or not to apply) a
repetition of acts, uniformly observed(practiced) as a social foreign law in resolving a legal problem involving a foreign
rule, legally binding and obligatory. element.

 Elements of conflict of laws:

1. `The state has a municipal law concerning the use of foreign
law in domestic cases with a foreign element;
2. Said law directs the courts and administrative agencies on
when to use foreign law.
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3. The legal problem at hand involves a foreign element;

4. Either foreign law or Philippine domestic law is available to
resolve the legal problem.

1. Lex Nationalii
 Art. 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.

2. Lex Rei Sitae

 Art. 16. Real property as well as personal property is subject to
the law of the country where it is stipulated.

 However, intestate and testamentary successions, both with

respect to the order of succession and to the amount of
successional rights and to the intrinsic 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.

 In Art. 16, we learn that the Philippines adheres to the

nationality theory in cases involving intestate and
testamentary successions, where we use the national law of
the person whose succession is under consideration.

3. Lex Loci Celebrationis

 Art. 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country
- are executed.
in which they
-
Dismiss the case on the Doctrine of Forum Non Conveniens
4. Doctrine of Renvoi
where justice may be best served in another forum.
 Literally means “referring back”
3. Accept the RENVOI by using Philippine domestic law to
resolve the issue;
 Is a legal phenomenon in private international law where the
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J. Human Relations in relation to persons with focus only on Articles

19,20,21,36

 Human relations exists to prescribe the norm of conduct or the

things we have to observe, comply with or to abide by when
we deal with other human beings.
 Speaks of :
1. limitations to our rights
2. causes of action
3. basis for legal action
4. remedies for the violation of our rights

 Art. 19. Every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith.

 Catch all provision of the Civil code

 Also called the Principle Of Abuse of Rights because it

defines our limits with our rights and sets limitations as
well as on how it should be exercised.

 There is an abuse of rights when the following requisites

 Art. 20 speak of the general sanction for all other provisions of law
concur:
which do not especially provide their own sanction.
1. There is a legal right or duty
2. It is exercised in bad faith
 Art. 21. Any person who wilfully causes loss or injury to another in
3. The sole intention is to prejudice or cause injury to
a manner that is contrary to morals, good customs or public policy shall
another
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Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute,

- interdiction are mere restrictions on capacity to act,
prodigality and civil
 Requisites: and do not exempt the incapacitated person from certain obligations,
1. The matter always involve 2 cases, the 1st case is a as when the latter arise from his acts or from property relations, such as
civil case. The 2nd is always a criminal prosecution easements.
2. Both cases must share a similar intimately related  Restrictions on capacity to act
issue 1. Minority
3. There is a question of fact, the answer to which
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 Effect of restrictions on capacity to act:

o Do not exempt the incapacitated person from  Effect of restrictions on capacity to act:
certain obligations, as when the latter arise o Do not exempt the incapacitated person from
from his acts or from property relations. certain obligations, as when the latter arise
o minors cannot give their consent to a contract from his acts or from property relations.
o minors cannot give their consent to a contract
Art. 39. The following circumstances, among others, modify or limit
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 Presumption of Survivorship o Minors: mothers will decide ( for the benefit of the
child)
o Art. 43. If there is a doubt, as between two or more o The IRR of RA 9255 is voided insofar as it provides the
persons who are called to succeed each other, as to mandatory use by illegitimate children of their father’s
which of them died first, whoever alleges the death of surname upon the latter’s recognition of his paternity.
one prior to the other, shall prove the same; in the  Recognition is done thru:
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 a judicial declaration of presumptive death is mandatory in all K. Rules governing persons who are absent
cases of absence.
Title XIV. - ABSENCE
Dela Cruz vs. Gracia-G.R. 177728, July 31,2009 CHAPTER 1
PROVISIONAL MEASURES IN CASE OF ABSENCE
The SC ruled that the autobiography, although a handwritten Absence = is when a person disappears from his domicile and his
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Presumption of death II. Marriage

 For all purposes=absence of 7 years (art. 390 CC)
 For purposes of opening succession (Art. 391, CC
o 10 years (ordinary)
o 5 years (if absentee was 75 years old at the time of
disappearance)
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A. General Principles 2. Failure of the solemnizing officer to transmit copies of

the marriage certificate
 Article 1. Marriage is a special contract of permanent 3. The absence of the marriage certificate in the public
union between a man and a woman entered into in records
accordance with law for the establishment of conjugal  Marriage certificate is merely proof of the
and family life. It is the foundation of the family and an marriage ceremony;
inviolable social institution whose nature,
 Transmission of marriage certificate to the civil
consequences, and incidents are governed by law and
not subject to stipulation, except that marriage
registrar is merely for purposes of recording the
settlements may fix the property relations during the marriage before the NSO/Civil Registrar. Recording
marriage within the limits provided by this Code. will retroact to the actual date of marriage
(Family code) ceremony. Hence, no record of marriage before
the NSO will not affect the validity of a due
 Silverio vs. republic G.R. 174689 October 22, 2007 marriage.
The determination of a person’s sex made at the time
of birth, if not attended by error, is immutable. 1. Essential requisites
 Art. 2. No marriage shall be valid, unless
 There is no law authorizing the change of entry as to these essential requisites are present:
sex in the civil registry for that reason, thus, there is no
legal basis for his petition for the correction or change
of the entries in his birth certificate.
o Legal capacity of the contracting parties who must
be a male and a female; and
 In case of doubt as to existence of marriage, it should be
resolved: o Consent freely given in the presence of the
1. in favor of the existence of marriage. solemnizing officer.
2. In favor of the validity of marriage.
3. That persons living together are presumed to be 2. Formal requisites
married  Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter
 The due existence of marriage is not affected by:
2 of this Title; and
1. Failure of the parties to sign the marriage certificate (3) A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal
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declaration that they take each other as husband and wife in the  Any incumbent member of the judiciary within the court’s
presence of not less than two witnesses of legal age. jurisdiction
 Appellate court justices may solemnize marriage
anywhere in the Philippines
 Trial court judges may solemnize marriage only
On legal capacity: within their respective jurisdiction
 Each party must be at least 18 years old  Any priest, rabbi, imam or minister of any church
 Parties must be a man and a woman or religious sect, provided that:
 There must be no legal impediment like family  The priest etc. Is duly authorized by his church or religious
relations or a subsisting prior marriage sect and acts within the limits of such written authority;
 If the parties are closely related (ascendants and  The priest etc. is registered with the civil registrar
descendants or siblings) the marriage is void for being general
incestuous (Art. 37, FC)  At least one of the contracting parties belongs to
 If one or both parties are already married, the the solemnizing officer’s church or religious sect.
marriage is void for being bigamous (Art. 35,FC)  A ship captain or airplane chief provided that:
On consent: o The marriage is in articulo mortis,
 The consent must be freely given and not obtained o The marriage is between
through duress or fraud. passengers or crew members
 If the consent is vitiated, the marriage is o The marriage is performed while
voidable (Art 45, FC) “shot gun” marriages the ship is at seat or the plane is in
 If there is mistake by one party as to the flight, or during stopovers at ports
identity of the other, the marriage is void (art. of call.
35, FC) (for lack of consent of the other  Any military commander of a unit, provided that:
contracting party) o The marriage is in articulo mortis;
 The consent must be given in the presence of the o The marriage is performed during a
solemnizing officer military operation
o The marriage is between persons
On authority of the solemnizing officer: within the zone of military
The following persons may solemnize a marriage: operation, whether members of the
armed forces or civilians
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o The military commander is a

commissioned officer, and Exemption from the marriage license requirement:
o The chaplain assigned to the  In case either or both of the contracting parties are at the
military unit is absent. point of death,
 Any consul-general, consul or vice consul of the  If the residence of either party is so located that there is
Philippines, in marriages between Filipino citizens abroad no means of transpiration to enable such party to appear
 A municipal or city mayor personally before the local civil registrar,
Note: Marriages solemnized by persons without authority are  Marriages among Muslims or among members of the
void, unless the parties were in good faith, believing that the ethnic cultural communities, and
solemnizing officer had authority.  In case the man and the woman have lived together as
 If the solemnizing officer acted outside of his jurisdiction, husband and wife for at least five years
the marriage is not void. It is a mere irregularity which (continuous/unbroken) and without any legal impediment
renders the solemnizing officer administratively liable. to marry each other.

On the marriage ceremony: Note: an irregularity in any of the formal requisites of marriage
 No prescribed form or religious rite for the solemnization does not affect its validity but the party or parties responsible for
of the marriage is required. the irregularity are civilly, criminally and administratively liable.
Requirements:
o Parties must appear personally before the The falsity of the affidavit in support of the marriage license
solemnizing officer; exemption cannot be considered as a mere irregularity in the
o Parties must declare that they take each other as formal requisites of marriage.
husband and wife; and
o Declaration must be in the presence of at least 2 B. Mixed marriages and foreign divorce
witnesses
 Art. 26. All marriages solemnized outside the
Validity of a marriage license: Philippines, in accordance with the laws in force in
o 120 days from the date of issuance and may be used the country where they were solemnized, and
anywhere in the Philippines. valid there as such, shall also be valid in this
o Upon expiration, the marriage license is legally inexistent country, except those prohibited under Articles 35
or void. (1), (4), (5) and (6), 3637 and 38. (17a)
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o The court pronounced that psychological incapacity is not

Where a marriage between a Filipino citizen and a a medical but a legal concept.
foreigner is validly celebrated and a divorce is thereafter o It refers to a personal condition that prevents a spouse to
validly obtained abroad by the alien spouse capacitating comply with fundamental marital obligations only in
him or her to remarry, the Filipino spouse shall have relation to a specific partner that may exist at the time of
capacity to remarry under Philippine law. the marriage but may have revealed through behaviour
subsequent to the ceremonies. It need not be a mental or
Note: a mixed marriage is between a Filipino citizen and a personality disorder. It need not be a permanent and
foreigner, whether celebrated here or abroad. incurable condition. Therefore the testimony of
psychologist or psychiatrist is not mandatory in all cases.
 Extrinsic validity of marriage is governed by lex loci The totality of the evidence must show clear and
celebrationis (Art. 26, Family Code). It is valid in the place convincing evidence to cause the declaration of nullity of
where it was celebrated; it is valid here in the Philippines. marriage.
o Extrinsic validity refers to the formalities or formal
requisites, such as authority of the solemnizing officer, 1. Void due to absence of essential and formal requisites
marriage license, and marriage ceremony. (Art. 35 (1-4)
 Art. 35. The following marriages shall be void from
 Intrinsic validity of marriage is governed by the national law of the beginning:
the parties
o Intrinsic validity goes into the essential requisites of (1) Those contracted by any party below eighteen years of age
marriage; the marriage is void even if at the place of even with the consent of parents or guardians;
celebration of the marriage, a minor may marry. (2) Those solemnized by any person not legally authorized to
o Philippine law on status and capacity applies to perform marriages unless such marriages were contracted with
Filipinos and follow them wherever they may be. either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;
C. Void marriages under the FC. (3) Those solemnized without license, except those covered the
Tan-adal vs. Andal, G.R. No. 196359, May 11, 2021 preceding Chapter
o Modified the requirements of psychological incapacity as
a ground for declaration of nullity of marriage found in 2. Bigamous or polygamous marriages Art. 35 (4)
Art. 36 of the FC.
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 (4) Those bigamous or polygamous marriages not (8) Between adopted children of the same adopter; and
failing under Article 41; (9) Between parties where one, with the intention to
3. Void due to mistake (Art 35(5) marry the other, killed that other person's spouse, or his
o Those contracted through mistake of one or her own spouse.
contracting party as to the identity of the other; 6. Void second marriage (Art 53)
and o Art. 52. The judgment of annulment or of absolute
4. Void for being incestuous (Art 37) nullity of the marriage, the partition and
o Art. 37. Marriages between the following are distribution of the properties of the spouses and
incestuous and void from the beginning, whether the delivery of the children's presumptive
relationship between the parties be legitimate or legitimes shall be recorded in the appropriate civil
illegitimate: registry and registries of property; otherwise, the
o (1) Between ascendants and descendants of any same shall not affect third persons. (n)
degree; and
o (2) Between brothers and sisters, whether of the o Art. 53. Either of the former spouses may marry
full or half blood. again after compliance with the requirements of
5. Void for being contrary to public policy (Art 38) the immediately preceding Article (Art. 52);
Art. 38. The following marriages shall be void from the otherwise, the subsequent marriage shall be null
beginning for reasons of public policy: and void.
Note:
(1) Between collateral blood relatives whether legitimate  Actions to declare a marriage void do not
or illegitimate, up to the fourth civil degree; prescribe (art. 39 but the right of action is lost
(2) Between step-parents and step-children; when either or both spouses die.
(3) Between parents-in-law and children-in-law;  For purposes of remarriage, there must be a
(4) Between the adopting parent and the adopted child; declaration of nullity of marriage.
(5) Between the surviving spouse of the adopting parent
and the adopted child; 7. Void marriage due to psychological incapacity (Art. 36)
(6) Between the surviving spouse of the adopted child and o Art. 36. A marriage contracted by any party who,
the adopter; at the time of the celebration, was psychologically
(7) Between an adopted child and a legitimate child of the incapacitated to comply with the essential marital
adopter; obligations of marriage, shall likewise be void even
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if such incapacity becomes manifest only after its (1) That the party in whose behalf it is sought to have the
solemnization. marriage annulled was eighteen years of age or over but
o Concept: it is the inability to comply with the essential below twenty-one, and the marriage was solemnized without
marital obligations of marriage of one or both of the the consent of the parents, guardian or person having
parties; substitute parental authority over the party, in that order,
o It must be more than just a difficulty, refusal or unless after attaining the age of twenty-one, such party freely
neglect in the performance of the marital obligations cohabited with the other and both lived together as husband
o The marital obligations are the obligations to live and wife;
together, to observe mutual love, respect and fidelity,
to render mutual help and support (2) That either party was of unsound mind, unless such party
o The interpretations of the national appellate after coming to reason, freely cohabited with the other as
matrimonial tribunal of the catholic church shall be husband and wife;
given great respect
o The trial court must order the prosecutor and the (3) That the consent of either party was obtained by fraud,
solicitor general to appear for the state. unless such party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as
o Is infidelity a manifestation of psychological incapacity? husband and wife;
No. Unless unfaithfulness is established as a
manifestation of a disordered personality, completely (4) That the consent of either party was obtained by force,
preventing the respondent from discharging the essential intimidation or undue influence, unless the same having
obligations of the marital state.-Castillo vs Republic-GR disappeared or ceased, such party thereafter freely cohabited
214064, February 6, 2017 with the other as husband and wife;
o SC held that there shall be no strict application of Art. 36.
Case should be decided according to its own facts. (5) That either party was physically incapable of
consummating the marriage with the other, and such
D. Voidable marriages incapacity continues and appears to be incurable; or
o Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the (6) That either party was afflicted with a sexually-transmissible
marriage: disease found to be serious and appears to be incurable.
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Defenses: G. Legal Separation-it is the suspension of the common marital

1. Prescription (5 years) life, both as to person and property, by judicial decree, on any of
2. Ratification the grounds recognized by law.

Art. 46. Any of the following circumstances shall constitute fraud Distinguished from separation de facto or separation in fact:
referred to in Number 3 of the preceding Article:  Legal separation is decreed by the court, separation de
facto is actual separation without any court decree
(1) Non-disclosure of a previous conviction by final judgment of  Legal separation dissolves the property relations of the
the other party of a crime involving moral turpitude; party and removes the guilty party’s capacity to inherit
from the innocent spouse, separation de facto has no
(2) Concealment by the wife of the fact that at the time of the effect on the property relations and capacity to succeed.
marriage, she was pregnant by a man other than her husband;
Art. 55. A petition for legal separation may be filed on any of
(3) Concealment of sexually transmissible disease, regardless of the following grounds:
its nature, existing at the time of the marriage; or
(1) Repeated physical violence or grossly abusive conduct
(4) Concealment of drug addiction, habitual alcoholism or directed against the petitioner, a common child, or a child of
homosexuality or lesbianism existing at the time of the marriage. the petitioner;
o It is the concealment of homosexuality, and not
homosexuality per se, that vitiates the consent of the (2) Physical violence or moral pressure to compel the
innocent party. Such concealment presupposed bad faith petitioner to change religious or political affiliation;
and intent to defraud the other party in giving consent to
the marriage.-Almelor vs. RTC of Las Piňas, GR 179620 (3) Attempt of respondent to corrupt or induce the petitioner,
August 26, 2008 a common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or inducement;
No other misrepresentation or deceit as to character, health,
rank, fortune or chastity shall constitute such fraud as will give (4) Final judgment sentencing the respondent to
grounds for action for the annulment of marriage. imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

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(4) Where both parties have given ground for legal

(6) Lesbianism or homosexuality of the respondent; separation;

(7) Contracting by the respondent of a subsequent bigamous (5) Where there is collusion between the parties to obtain
marriage, whether in the Philippines or abroad; decree of legal separation; or

(8) Sexual infidelity or perversion; (6) Where the action is barred by prescription. (100a)

(9) Attempt by the respondent against the life of the

petitioner; or Art. 57. An action for legal separation shall be filed within five
years from the time of the occurrence of the cause. (102)
(10) Abandonment of petitioner by respondent without
justifiable cause for more than one year. Art. 58. An action for legal separation shall in no case be tried
before six months shall have elapsed since the filing of the
For purposes of this Article, the term "child" shall include a petition. (103)
child by nature or by adoption. (9a)
Art. 59. No legal separation may be decreed unless the Court
Art. 56. The petition for legal separation shall be denied on has taken steps toward the reconciliation of the spouses and
any of the following grounds: is fully satisfied, despite such efforts, that reconciliation is
highly improbable. (n)
(1) Where the aggrieved party has condoned the offense or
act complained of; Art. 60. No decree of legal separation shall be based upon a
(2) Where the aggrieved party has consented to the stipulation of facts or a confession of judgment.
commission of the offense or act complained of;
In any case, the Court shall order the prosecuting attorney or
(3) Where there is connivance between the parties in the fiscal assigned to it to take steps to prevent collusion
commission of the offense or act constituting the ground for between the parties and to take care that the evidence is not
legal separation; fabricated or suppressed. (101a)
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Art. 61. After the filing of the petition for legal separation, the
spouses shall be entitled to live separately from each other. (4) The offending spouse shall be disqualified from inheriting
from the innocent spouse by intestate succession. Moreover,
The court, in the absence of a written agreement between provisions in favor of the offending spouse made in the will of
the spouses, shall designate either of them or a third person the innocent spouse shall be revoked by operation of law.
to administer the absolute community or conjugal (106a)
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a
guardian under the Rules of Court. (104a) Art. 64. After the finality of the decree of legal separation, the
innocent spouse may revoke the donations made by him or
Art. 62. During the pendency of the action for legal by her in favor of the offending spouse, as well as the
separation, the provisions of Article 49 shall likewise apply to designation of the latter as beneficiary in any insurance
the support of the spouses and the custody and support of policy, even if such designation be stipulated as irrevocable.
the common children. (105a) The revocation of the donations shall be recorded in the
registries of property in the places where the properties are
Art. 63. The decree of legal separation shall have the located. Alienations, liens and encumbrances registered in
following effects: good faith before the recording of the complaint for
revocation in the registries of property shall be respected.
(1) The spouses shall be entitled to live separately from each The revocation of or change in the designation of the
other, but the marriage bonds shall not be severed; insurance beneficiary shall take effect upon written
(2) The absolute community or the conjugal partnership shall notification thereof to the insured.
be dissolved and liquidated but the offending spouse shall The action to revoke the donation under this Article must be
have no right to any share of the net profits earned by the brought within five years from the time the decree of legal
absolute community or the conjugal partnership, which shall separation become final. (107a)
be forfeited in accordance with the provisions of Article
43(2); Art. 65. If the spouses should reconcile, a corresponding joint
manifestation under oath duly signed by them shall be filed
(3) The custody of the minor children shall be awarded to the with the court in the same proceeding for legal separation.
innocent spouse, subject to the provisions of Article 213 of (n)
this Code; and
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Art. 66. The reconciliation referred to in the preceding take measure to protect the interest of creditors and such
Articles shall have the following consequences: order shall be recorded in the proper registries of properties.
The recording of the ordering in the registries of property
(1) The legal separation proceedings, if still pending, shall shall not prejudice any creditor not listed or not notified,
thereby be terminated at whatever stage; and unless the debtor-spouse has sufficient separate properties to
(2) The final decree of legal separation shall be set aside, but satisfy the creditor's claim. (195a, 108a)
the separation of property and any forfeiture of the share of H. Property Relations between Spouses
the guilty spouse already effected shall subsist, unless the o Property relations are governed by:
spouses agree to revive their former property regime. 1. the marriage settlement
2. provisions of the Family Code
The court's order containing the foregoing shall be recorded 3. local customs
in the proper civil registries. (108a)
*requisites of a valid marriage settlement-
Art. 67. The agreement to revive the former property regime 1. Must be entered before the celebration of marriage;
referred to in the preceding Article shall be executed under  if it is executed after the marriage, it is void and
oath and shall specify: without effect);
 If there is no marriage settlement before the
(1) The properties to be contributed anew to the restored marriage, the default property regime is Absolute
regime; community of property according to Art. 75 FC.
(2) Those to be retained as separated properties of each
spouse; and o Property Relations between Spouses
1. Donation Propter Nuptias
(3) The names of all their known creditors, their addresses Article 82 FC
and the amounts owing to each. Donations by reason of marriage are those which are
made before its celebration, in consideration of the same,
The agreement of revival and the motion for its approval shall and in favor of one or both of the future spouses..
be filed with the court in the same proceeding for legal
separation, with copies of both furnished to the creditors 2. Void Donations by the Spouses
named therein. After due hearing, the court shall, in its order, Article 87. Every donation or grant of gratuitous
advantage, direct or indirect, between the spouses during
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the marriage shall be void, except moderate gifts which 5. it must fix the terms and conditions of their property
the spouses may give each other on the occasion of any relations.
family rejoicing. The prohibition shall also apply to
persons living together as husband and wife without a 4. Conjugal Partnership of Gains regime
valid marriage. o the default property regime for marriages
celebrated before the effectivity of the Family
3. Absolute Community of Property Regime Code ( before 1988).
o Absolute community of property according to Art.
75 FC. N.B. Under the FC, parties must execute a marriage settlement if
Includes: they want to be governed by the Conjugal Partnership of Gains
1. all properties owned by the spouses at the time
of the marriage or acquired thereafter; Included under the Conjugal Partnership of Gains are the
2. inclusive of fruits and income following:
Excluding: 1. Those acquired by onerous title during the marriage at
1. Property (inclusive of fruits and income thereof) the expense of the common fund whether the acquisition
acquired during the marriage by gratuitous title, be for the partnership pr for only one of the spouses
except when the donor, testator or grantor expressly 2. Those obtained from the labor, industry, work or
provides otherwise, profession (LIWP) of either or both of the spouses;
2. Property acquired before the marriage by either 3. The fruits, natural, industrial, or civil, due or received
spouses who has legitimate descendants by a former during the marriage from the common property, as well
marriage as the net fruits from the exclusive property of each
3. Property for personal and exclusive use except jewelry spouse
2. It must be in writing 4. Share of either spouse in the hidden treasure which the
o mandatory per Art. 77 FC, “shall” law awards to the finder or owner of the property where
o Should be in a public instrument the treasure is found
3. It must be signed by the parties 5. Those acquired through occupation such as fishing or
4. to affect third persons, it must be registered in the civil hunting
registry and registry of property (if not registered, it is 6. Livestock existing upon the dissolution of the partnership
binding only between the husband and the wife) in excess of the number of each kind brought to the
marriage by either spouse
 21

7. Those which are acquired by chance, such as winnings 5. All taxes and expenses for mere preservation made during
from gambling or betting. However, losses therefore shall marriage upon the separate property of either spouse
be borne exclusively by the loser spouse used by the family;
6. Expenses to enable either spouse to commence or
Included under the Conjugal Partnership of Gains are the complete a professional or vocational course, or other
following: activity for self-improvement;
1. property that is brought to the marriage as his or her 7. Ante-nuptial debts of either spouse insofar as they have
own redounded to the benefit of the family;
2. property acquired during the marriage by gratuitous 8. The value of what is donated or promised by both
title spouses in favour of their common legitimate children for
3. property acquired by right of redemption, barter or the exclusive purpose of commencing or completing a
exchange with property belonging to either spouse professional or vocational course or other activity for self-
4. property purchased with exclusive money or either improvement;
spouse 9. Ante-nuptial debts of either spouse other than those
o What can be charged against the Community falling under paragraph (7) of this Article, the support of
Property or Conjugal Partnership? illegitimate children of either spouse, and liabilities
1. Support of the spouses, their common children and incurred by wither spose by reason of a crime or a quasi-
legitimate children of either spouse, however, the delict, in case of absence or insufficiency of the exclusive
support of illegitimate children shall be governed by the property of the debtor-spouse, the payment of which
provisions of this Code on Support; shall be considered as advances to be deducted from the
2. All debts and obligations contracted during the marriage share of the debtor-spouse upon liquidation of the
by the designated administrator-spouse for the benefit of community; and
the community, or by both spouses, or by one spouse 10. Expenses of litigation between the spouses unless the suit
with the consent of the other; is found to be groundless
3. Debts and obligations contracted by either spouse
without the consent of the other to the extent that the In case of insufficiency of common funds, Art 94 and 121 of
family may have been benefited; the FC provide that if the community property or conjugal
4. All taxes, liens, charges and expenses, including major or partnership is insufficient to cover the foregoing liabilities,
minor repairs, upon the community property; the spouses shall be solidarily liable for the unpaid balance
with their separate properties.
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industrial or civil, due or received during the marriage

Note that this is different from the rule in ordinary from his or her separate property.
partnerships where the partners are subsidiarily and jointly 3. Both spouses shall bear the family expenses in proportion
liable for unpaid partnership debts. to their income, or, in case of insufficiency or default
thereof, to the current market value of their separate
o How is the Community Property or Conjugal properties.
Partnership administered and disposed? 4. The liabilities of the spouses to creditors form family
1. In case of disagreement, husband’s decision expenses shall, however, be solidary.
shall prevail, subject to recourse to the court
by the wife for proper remedy; 6. Property regime of unions without marriage
2. In case one spouse is incapacitated or unable Rules on co-ownership (50-50) in case:
to participate in the administration of the 1. Common law spouses are without impediment ( they
common properties, the other spose may are not disqualified to marry each other)
assume sole powers 2. Marriage is declared void but the spouses are without
3. Any disposition or encumbrance without the impediment
consent of the other spouse is void
4. It can, however, be subsequently accepted by Rules on actual joint contribution, in case of common-law
the other spouse before the offer is withdrawn spouses with impediment (they are not qualified to marry
each other)
5. Separation of Property regime
Requisites 7. Judicial separation of property
1. The parties agree to it in the marriage settlement; Grounds:
2. Upon application with and orders of the court to 1. The spouse of the petitioner has been sentenced to a
separate the properties of the parties penalty which carries with it civil interdiction
Consequences 2. The spouse of the petitioner has been judicially
1. Each spouse shall own, dispose of , possess, administer declared as an absentee
and enjoy his or her own separate estate, without need of 3. The spouse of the petitioner lost parental authority by
the consent of the other decree of the court
2. To each spouse shall belong all earnings from his or her
profession, business or industry and all fruits, natural,
 23

4. The spouse of the petitioner has abandoned the latter  Art. 151. No suit between members of the same
or failed to comply with his or her obligations to the family shall prosper unless it should appear from
family; the verified complaint or petition that earnest
5. The spouse granted the power of administration in efforts toward a compromise have been made, but
the marriage settlement has abused that power that the same have failed. If it is shown that no
6. At the time of the petition, the spouses have been such efforts were in fact made, the same case
separated in fact for at least one year and must be dismissed.
reconciliation is highly improbable  These rules shall not apply to cases which may not
be the subject of compromise under the Civil
I. The Family Code.
 General principles
TITLE V J. The Family Home
THE FAMILY  General principles
Chapter 1. The Family as an Institution
Chapter 2. The Family Home
 Art. 149. The family, being the foundation of the
nation, is a basic social institution which public Art. 152. The family home, constituted jointly by the
policy cherishes and protects. Consequently, husband and the wife or by an unmarried head of a
family relations are governed by law and no family, is the dwelling house where they and their
custom, practice or agreement destructive of the family reside, and the land on which it is situated.
family shall be recognized or given effect. (216a, (223a)
218a)
Art. 153. The family home is deemed constituted on a
 Art. 50. Family relations include those: house and lot from the time it is occupied as a family
(1) Between husband and wife; residence. From the time of its constitution and so
(2) Between parents and children long as any of its beneficiaries actually resides therein,
(3) Among brothers and sisters, whether of the full the family home continues to be such and is exempt
or half-blood. (217a) from execution, forced sale or attachment except as
hereinafter provided and to the extent of the value
allowed by law. (223a)
 24

constituted by an unmarried head of a family on his or

Art. 154. The beneficiaries of a family home are: her own property.
Nevertheless, property that is the subject of a
(1) The husband and wife, or an unmarried person conditional sale on instalments where ownership is
who is the head of a family; and reserved by the vendor only to guarantee payment of
(2) Their parents, ascendants, descendants, brothers the purchase price may be constituted as a family
and sisters, whether the relationship be legitimate or home. (227a, 228a)
illegitimate, who are living in the family home and
who depend upon the head of the family for legal Art. 157. The actual value of the family home shall not
support. (226a) exceed, at the time of its constitution, the amount of
the three hundred thousand pesos in urban areas, and
Art. 155. The family home shall be exempt from two hundred thousand pesos in rural areas, or such
execution, forced sale or attachment except: amounts as may hereafter be fixed by law.
(1) For non-payment of taxes;
(2) For debts incurred prior to the constitution of the In any event, if the value of the currency changes after
family home; the adoption of this Code, the value most favorable
for the constitution of a family home shall be the basis
(3) For debts secured by mortgages on the premises of evaluation.
before or after such constitution; and
For purposes of this Article, urban areas are deemed
(4) For debts due to labourers, mechanics, architects, to include chartered cities and municipalities whose
builders, material men and others who have rendered annual income at least equals that legally required for
service or furnished material for the construction of chartered cities. All others are deemed to be rural
the building. (243a) areas. (231a)

Art. 158. The family home may be sold, alienated,

Art. 156. The family home must be part of the donated, assigned or encumbered by the owner or
properties of the absolute community or the conjugal owners thereof with the written consent of the person
partnership, or of the exclusive properties of either constituting the same, the latter's spouse, and a
spouse with the latter's consent. It may also be
 25

majority of the beneficiaries of legal age. In case of At the execution sale, no bid below the value allowed
conflict, the court shall decide. (235a) for a family home shall be considered. The proceeds
shall be applied first to the amount mentioned in
Art. 159. The family home shall continue despite the Article 157, and then to the liabilities under the
death of one or both spouses or of the unmarried judgment and the costs. The excess, if any, shall be
head of the family for a period of ten years or for as delivered to the judgment debtor. (247a, 248a)
long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds Art. 161. For purposes of availing of the benefits of a
compelling reasons therefor. This rule shall apply family home as provided for in this Chapter, a person
regardless of whoever owns the property or may constitute, or be the beneficiary of, only one
constituted the family home. (238a) family home. (n)

Art. 160. When a creditor whose claims is not among Art. 162. The provisions in this Chapter shall also
those mentioned in Article 155 obtains a judgment in govern existing family residences insofar as said
his favor, and he has reasonable grounds to believe provisions are applicable. (n)
that the family home is actually worth more than the
maximum amount fixed in Article 157, he may apply K. Paternity and Filiation
to the court which rendered the judgment for an 1. Concept s of Paternity, Filiation, and Legitimacy
order directing the sale of the property under
execution. The court shall so order if it finds that the o Paternity is the status or relation of the parent
actual value of the family home exceeds the maximum with respect to his or her child.
amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the N.B. Result of DNA is an acceptable evidence to prove the
maximum allowed in Article 157 and results from paternity of a child ( Ong vs Diaz GR No. 171713, December 17,
subsequent voluntary improvements introduced by 2007)
the person or persons constituting the family home, o Filiation is the status or relation of a child with
by the owner or owners of the property, or by any of respect to his or her parents.
the beneficiaries, the same rule and procedure shall
apply. Kinds of Filiation:
 26

 By nature legitimacy or may have been sentenced as an

1. Legitimate( proven by means of: birth certificate, adulteress;
marriage certificate or acknowledgment)  The law requires that every presumption be made in
2. Illegitimate favour of legitimacy. (Concepcion vs Court of Appeals,
GR No, 123450 August 31, 2005)
 By adoption  The presumption of legitimacy in the FC actually fixes
Established by law according to the procedure a civil status for the child born in wedlock, and that
prescribed by the law. civil status cannot be attacked collaterally. The
legitimacy of the child can be impugned only in a
2. Legitimate children direct action brought for th at purpose, by the proper
a) Who are legitimate children? parties, and within the period limited by law.
 They are children conceived or born during (Geronimo vs Santos GR No 197099 September 28,
the marriage of the parents. Thus: 2015).
1. A child conceived before marriage (pre-marital) but born
after his parents got marries, is legitimate. Rules when the mother gives birth after the marriage:
2. A child conceived during the marriage, but born after the  When the mother has not remarried:
marriage has already been terminated (due to death or o If the child is born WITHIN 300 days from the
annulment) is legitimate termination of the marriage, he is presumed to
3. Children conceived as a result of artificial insemination be legitimate.
are legitimate, provided: o If the child is born AFTER 300 days following
1. the conditions for legitimate children apply; the termination of the marriage, his legitimacy
2. Both husband and wife authorized the or illegitimacy shall be proved
insemination in a written instrument;  When the mother contracted another marriage
3. The written instrument is recorded together AFTER 300 days following the termination of the
with the birth certificate of the child. former marriage
o If the child is born during the second marriage,
Presumption of Legitimacy he is a legitimate child of the said marriage.
 Art 167, FC. The child shall be considered legitimate o If the child is born before the second marriage,
although the mother may have declared against its his legitimacy or illegitimacy shall be proved.
 27

 When the mother contracted another marriage

within 300 days after the termination of the first
marriage:
o The child is conceived of the first marriage if he
is born within 180 days from the solemnization
of the second marriage and within 300 days
after the termination of the first marriage
o The child is considered conceived of the subsequent
marriage if he is born after 180 days following the
solemnization of the second marriage even if born within
the 300 days after the termination of the of the former
marriage