FUNDAMENTALS OF

FAMILY CODE

Atty. Gleneden Arago Balverde

What is your understanding for
“ FAMILY” ?
IS THIS
A FAMILY?
A MAN and WOMAN
living together as husband
and wife without the benefit
of marriage and with
offspring.

IS THIS A FAMILY?
A MAN and WOMAN
living together as husband
and wife with the benefit
of marriage and with
offspring.

IS THIS A FAMILY?
A MAN and WOMAN
living together as husband
and wife without the benefit
of marriage. No offspring.

IS THIS A FAMILY?
Husband and wife living
Together with the benefit
of marriage. No offspring.

IS THIS A FAMILY?
A Woman and a WOMAN
living together as husband
and wife without the benefit
of marriage. No offspring.

IS THIS A FAMILY?
A Woman and a WOMAN
living together as husband
and wife without the benefit
of marriage and with offspring.

IS THIS A FAMILY?
Siblings ( three sisters).
No living parents.
No other relatives.
Only the 3 of them.

Is this a FAMILY?
* What is the Legal Definition Of FAMILY?
TITLE V
THE FAMILY
Chapter 1. The Family as an Institution

Art. 149. The family, being the foundation of the nation, is a basic
social institution which public policy cherishes and protects.
Consequently, family relations are governed by law and no custom,
practice or agreement destructive of the family shall be recognized
or given effect. (216a, 218a)
Art. 150. Family relations include those:
(1)Between husband and wife;(
(2)2) Between parents and children;
(3)Among other ascendants and descendants; and
(4)Among brothers and sisters, whether of the full or half-blood. 
So as per Legal
Definition,
determine again
whether they may be
considered as a FAMILY?
So as per your personal
definition or opinion,
determine again whether
they may be considered as a
FAMILY
Let’s start with the
Fundamentals of the
Family Code!
Valid Marriage
Declaration of Nullity
Annulment
Legal Separation

 Rights and obligations of Husband and

Wife
 Property Relation bet Husband and Wife
 Paternity and Filiation
Support
 TITLE 1 – MARRIAGE
ART. 2 ESSENTIAL REQUISITES OF MARRIAGE

1.Legal capacity of the

contracting parties;
2.Consent freely given in the
presence of the solemnizing
officer.
 TITLE 1 – MARRIAGE
ART. 3 FORMAL REQUISITES OF MARRIAGE

1.Authority of the solemnizing

officer;
2.Valid marriage license;
3.Marriage ceremony with the
presence of contracting parties,
the solemnizing officer and at
least two witnesses of legal age.
 TITLE 1 – MARRIAGE
ART. 4 EFFECTS if there is:

Absence of essential The marriage is void ab

or formal requisites initio
Defect in any of the The marriage is voidable
essential requisites
Irregularity in any of Does not affect the
the formal requisites validity of the marriage
but the party or parties
responsible for the
irregularity shall be civilly,
criminally and
administratively liable.
 TITLE 1 – MARRIAGE
ART. 7 SOLEMNIZING OFFICER

1. Incumbent member of Judiciary

within the court’s jurisdiction
2. Any Priest, rabbi, imam, or minister
of any church or religious sect duly
authorized;
3. Ship Captain or airplane chief in
cases of marriage by articulo mortis:
4. Military commander of a unit in
absence of chaplain only in cases of
marriage by articulo mortis;
5. Any consul general, consul or vice-
consul provided parties are both Filipino
citizens.

Where a judge solemnizes a marriage outside his court’s

jurisdiction, there is a resultant irregularity in the formal
requisite laid down in Art. 3, which while it may not affect
the validity of the marriage, may subject the officiating
official to administrative liability.
(Navarro v. Domagtoy, 259 SCRA 129 (1996)
(Aranes v. Occiano, A.M. No. MTJ-02-1390)
 TITLE 1 – MARRIAGE
ART. 26 MARRIAGE SOLEMNIZED/DIVORCE
OBTAINED ABROAD
(par.1) VALIDITY OF MARRIAGES SOLEMNIZED ABROAD

GENERAL RULE: Marriage solemnized outside the Philippines is

valid if solemnized in accordance with the laws of the country of
celebration.

EXCEPTIONS:
minor[Art.35(1)];
1.bigamous or polygamous marriages [Art.35(4);
2.those contracted through mistake of one contracting
 party as to the identity of the other
[Art.35(5)];
3. subsequent marriages that are void [Art.
35(6)];
4. marriages contracted by any party who,
at the time of celebration; was
psychologically incapacitated (Art.36);
5. incestuous marriages (Art. 37); and
6. those marriage that are void for reasons
of public policy (Art. 38);
(par.2) VALIDITY OF DIVORCE OBTAINES ABROAD

RULE: A divorce validly obtained abroad by the

alien spouse, capacitating him/her to remarry can
allow the Filipino to remarry.

The reckoning point is not the citizenship of the

parties at the time of celebration of their
marriage, but their citizenship at the time a valid
divorce is obtained abroad by the alien spouse
capacitating the latter to remarry.
(R.P. v. Orbecido, G.R. No. 154380, Oct. 5, 2005)
 A foreign divorce can be
recognized here, provided the
divorce decree is proven as a fact
and valid under the national law of
the alien spouse.

(Garcia v. CA,G.R. No. 138322, Oct. 2,

2001; Bayot v. CA,G.R. No. 155635,
Nov. 7, 2008)
 TITLE 1 – MARRIAGE
ART. 27 MARRIAGES EXCEPTED FROM MARRIAGE
LICENSE REQUIREMENT

a. in articulo mortis;
b. in a remote place;
c. of people who have cohabited for 5
years at least;
d. marriage between pagans or
Mohammedans who live in non-
Christian provinces and who married
in accordance with their customs.
 TITLE 1 – MARRIAGE
ART. 31 MARRIAGE IN ARTICULO MORTIS
DURING VOYAGE

A ship captain or airplane pilot may

solemnize marriage in articulo mortis
between passengers or crew members.
(See doctrines on Article 7 on
Solemnizing Officer)
 TITLE 1 – MARRIAGE
ART. 34 LEGAL RATIFICATION OF
COHABITATION
Exempt from Marriage License
Requisites:
1. The man and woman must have been living together
as husband and wife for at least five years before the
marriage.
2. The parties have no legal impediment to marry each
other.
3. The fact of absence of legal impediment between
parties must be present at the time of marriage.
4. The parties must execute an affidavit that they lived
together for at least five years.
4.The parties must execute an affidavit
that they lived together for at least five
years.
5.The solemnizing officer must execute
a sworn statement that he has
ascertained the qualifications of the
parties and that he had found no legal
impediment to their marriage.
(Manzano v. Sanchez, G.R. No. MTJ-00-
1329, March 8, 2001)
 TITLE 1 – MARRIAGE
ART. 35 MARRIAGE VOID AB INITIO

1. contracted by any party less than 18 years of age, even if with consent
of parents;
2. no authority of solemnizing officer, except when one or both of
parties believe in good faith that solemnizing officer has authority;
3. solemnized without license, except those from requirement of
marriage license;
4. bigamous or polygamous marriages;
5. mistake in identity of one contracting party;
6. subsequent marriages that are void under Art. 53;
7. contracted by psychologically incapacitated person at time of
celebration;(Art. 36)
8. incestuous marriages; (Art. 37) and
9. void by reason public policy (Art. 38)
 TITLE 1 – MARRIAGE
ART. 36 PSYCHOLOGICAL INCAPACITY AS A
GROUND FOR NULLITY OF MARRIAGE

A marriage contracted by any party who, at the time

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

Psychological incapacity must be characterized by

(a) gravity (b) juridical antecedence and (c)
incurability.
 Such illness must be grave enough to
bring about the disability of the party to
assume the essential obligations of
marriage. Thus, “mild characteriological
peculiarities , mood changes, occasional
emotional outburst” cannot ne accepted
as root causes. The illness must be shown
as downright incapacity or inability, not a
refusal, neglect or difficulty, must less ill
will. (Santos v. CA, 240 SCRA 20)
(Republic v. Hamano, G.R. No. 149498,
May 20,2004)
 The other forms of psychoses, if existing at the
inception of marriage, like the state of a party
being of unsound mind or concealment of drug
addiction, habitual alcoholism, homosexuality or
lesbianism should occur only during the marriage,
they become mere grounds for legal separation
under Article 55 of the Family Code. These
provisions of the Code, however, do not
necessarily preclude the possibility of these
various circumstances being themselves,
depending on the degree and severity of the
disorder, indicia of psychological incapacity.
(Santos v. CA., G.R. No. 240 SCRA 20)
(Hernandez v. C.A., G. R. No.126010, Dec. 8,
1999)
 TITLE 1 – MARRIAGE
ART. 38 VOID MARRIAGE BY REASONS OF
PUBLIC POLICY
1. between collateral blood relatives whether legitimate or
illegitimate up to the fourth civil degree
2. between step-parents and step-children
3. between parents-in-law and children-in-law
4. between the adopting parent and the adopted child
5. between the surviving spouse of the adopting parent and the
adopted child
6. between the surviving spouse of the adopted child and the adopter
7. between an adopted child and a legitimate child of the adopter
8. between the adopted children of the same adopter
9. between parties where one, with the intention to marry the other,
killed the latter’s spouse, or his/her spouse
TITLE 1- MARRIAGE
ART. 39 ACTION FOR DECLARATION OF
ABSOLUTE NULLITY

Void Marriage Voidable Marriage

decree of nullity decree for annulment
always void valid until annulled
action does not prescribe action prescribes
 TITLE 1 – MARRIAGE
ART. 40 RULE ON ABSOLUTE NULLITY OF A
PREVIOUS MARRIAGE
The absolute nullity of a previous marriage may be invoked
for purposes of marriage on the basis solely of a final
judgment declaring such previous marriage void.
A marriage even one which is void or voidable, shall be
deemed valid until declared otherwise in a judicial proceeding.
The outcome of the civil case for annulment of the petitioner’s
marriage had no bearing upon the determination of the
petitioner’s innocence or guilt in the criminal case for bigamy,
because all that is required for the charge of bigamy to prosper
is that the first marriage be subsisting at the time the second
marriage is contracted.
(Adunado v. P.P., G.R. No. 159218, Mar. 30, 2004)
(Te v. CA, G.R. No. 126746, Nov. 29,2000)
 TITLE 1-MARRIAGE
ART. 41 RULE ON MARRIAGE CONTRACTED
DURING EFFECTIVITY OF PREVIOUS MARRIAGE

GENERAL RULE: null and void

EXCEPTION: when prior spouse had been absent for
4 years, or 2 years in case of disappearance with
danger of death, and spouse present had well-
founded belief that former was already dead.
The present spouse must institute a summary
proceeding for the declaration of the presumptive
death of absent spouse. Otherwise, the marriage
shall be null and void.
 TITLE 1 – MARRIAGE
ART. 45 GROUNDS FOR ANNULMENT OF
MARRIAGE
The existence of any of the following grounds at the time of marriage
renders the marriage voidable:
1. non-age (18 to below 21, without parental consent) unless after
attaining age of 21, party freely cohabited with each other;
2. unsoundness of mind, unless party after coming to reason, freely
cohabited with each other;
3. fraud, unless party afterwards, with full knowledge of fraud freely
cohabited with other (correlate with Art. 46)
4. force, intimidation, or undue influence, unless same having
disappeared or ceased, such party thereafter freely cohabited with
other;
5. impotence; and
6. sexually transmitted disease that is serious and appears to be
incurable
NOTE:
Sterility is not a ground for the annulment
of marriage.
Impotence, otherwise known
as erectile dysfunction (ED), refers to
trouble getting or maintaining an erection.
This can make it difficult or impossible to
have intercourse. 
Sterility, also called infertility, refers to
an inability to produce or release sperm.
 TITLE 1 – MARRIAGE
ART. 46 LIMITED CONCEPT OF FRAUD AS A
GROUND FOR ANNULMENT OF MARRIAGE
1. non-disclosure of a previous conviction by final judgement of
the party of a crime involving moral turpitude;
2. concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;
3. concealment of a sexually transmissible disease, regardless of
its nature, existing at the time of the marriage; or
4. concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the
marriage.
The enumeration above is exclusive. (Anaya v. Palaroan, G.R.No.
L-27930 Nov. 26,1970)
TITLE 1–MARRIAGE
ART. 47 PERSON WHO MAY SUE FOR
ANNULMENT OF THE MARRIAGE AND
PRESCRIPTIVE PERIOD
1. Non-age: ( 18 y/o -21 y/o)
> Persons:
a. before party becomes 21 – his/her parent
b. before party becomes 21 – the party himself
> Period:
- within five (5) years after reaching 21
2. Unsoundness of Mind:
> Persons – the spouse (who did NOT know of the other’s
insanity) OR the relatives or guardians of the insane.
> Period - at any time before the death of either party.
3. FRAUD
> Person – the injured party
> Period – within five (5) years after the discovery of the
fraud
> (Note: if both committed fraud, neither can sue.)
4. Force or Intimidation or Undue Influence
> Person – the injured party
> Period – within five (5) years from the time the force
or intimidation or undue influenced ceased
5. Impotence
> Person – the injured party
> Period – within five (5) years after the celebration of
the marriage
6. Sexually Transmissible Disease
> Person – the injured party
> Period – within five (5) years after the celebration of
the marriage
 TITLE 1 – MARRIAGE
ART. 50 DELIVERING OF PRESUMPTIVE
LEGITIMES DURING THE LIFETIME OF THE
PARENTS
 delivery of presumptive legitimes during the lifetime of
the parents in the following cases:
a. legal separation;
b. annulment of marriage;
c. declaration of nullity of marriage;
 TITLE 1 – MARRIAGE
ART. 51 COMPUTATION OF THE PRESUMPTIVE
LEGITIMES

In the partition and distribution of the properties of

the spouses as the effect of legal separation,
annulment of marriage, declaration of nullity of
marriage and the automatic termination of a
subsequent marriage by the reappearance of the
absent spouse, the value of the presumptive
legitimes of the common children shall be computed
as of the date of the final judgment of the trial
court.
 TITLE1-MARRIAGE
ART. 52 REQUISITES TO COMPLY
WHEN THERE IS JUDGMENT OF
ANNULMENT OR OF ABSOLUTE
NULLITY OF MARRIAGE
The following shall be recorded in the
appropriate civil registry and registries
of property, otherwise, these will not
affect third persons:
> the judgment of annulment or
declaration of nullity of the marriage
> the partition and distribution of the
properties of the spouses, and
>the delivery of the children’s
presumptive legitimes
 TITLE 1 – MARRIAGE
ART. 53 EFFECT OF NON-COMPLIANCE OF
RECORDING

Either of the former spouses may

marry again after complying with the
requirements of the immediately
preceding Article; otherwise, the
subsequent marriage shall be null
and void.
 TITLE 1 – MARRIAGE
ART. 54 STATUS OF CHILDREN CONCEIVED OR
BORN BEFORE JUDGEMENT

Children conceived or born before the

judgment of the annulment (Article 45) or
absolute nullity of marriage on the ground of
psychological incacity has become final and
executory shall be considered as LEGITIMATE.
The same holds true with those conceived or
born of the subsequent marriage under
Article 53.
TITLE II – LEGAL SEPARATION
ART. 55 GROUNDS FOR LEGAL SEPARATION

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 affiliation;
3. attempt of respondent to corrupt or induce the petitioner,
a common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or
inducement;
4. final judgment sentencing the respondent to imprisonment
of more than six years, even if pardoned;
5. drug addiction or habitual alcoholism of the
respondent;
6. lesbianism or homosexuality of 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; or
10. abandonment of petitioner by respondent
without justifiable cause for more than one year.
 DRUG ADDICTION AS A GROUND FOR LEGAL
SEPARATION

there should be no condonation or consent to the

drug addiction (see other grounds of denial under
Article 56)
the action has not prescribed (see Article 57)
the drug addiction arises during the marriage.

Every act of sexual infidelity committed by the man is a

ground for legal separation under Art.55(8) of the
Family Code (Tolentino, Civil Code, 1990, ed.,321).
TITLE II – LEGAL SEPARATION
ART. 56 GROUNDS FOR THE DENIAL OF A PETITION FOR
LEGAL SEPARATION

1. condonation to the act complained of;

2. consent to the commission of the act
complained;
3. connivance between the parties;
4. mutual guilt of parties;
5. collusion between the parties;
6. action is barred by the prescription
TITLE II – LEGAL SEPARATION
ART. 57 PRESCRIPTIVE PERIOD TO FILE AN ACTION
FOR LEGAL SEPARATION

An action for legal separation shall be

filled within five (5) years from the time
of the occurrence of the cause.
 TITLE III – RIGHTS AND
OBLIGATIONS BETWEEN
HUSBAND AND WIFE
ART. 68 OBLIGATIONS BETWEEN HUSBAND AND WIFE

 to live together,
 to observe mutual love, respect and fidelity; and
 to render mutual help and support
TITLE IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
ART. 77 REQUISITES FOR THE ENFORCEABILITY OF MARRIAGE
SETTLEMENTS

1. must be made before the celebration of the marriage;

2. it shall be in writing;
3. must signed by the parties;
4. it shall not prejudice third persons unless:

> it is registered in the local civil registry where the

marriage contract is recorded as well as in the proper
registries of property.
TITLE IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
ART. 87 DONATION BETWEEN SPOUSES

Donations between spouses during marriage, and

those living together as husband and wife, shall
be void, except moderate gifts given to each
other on the occasion of family rejoicing.
TITLE IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
ART. 90 RULES ON CO-OWNERSHIP SUPPLETORY (ACP)

The provisions on co-ownership shall apply to

the absolute community of property between
the spouses in all matters not provided for in
this Chapter.
TITLE IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
ART. 91 SYSTEM OF ABSOLUTE COMMUNITY

GENERAL RULE: Community property shall

consist of all property owned by the spouses at
the time or the marriage or acquired thereafter.
TITLE IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
ART. 93 COMMUNITY PROPERTY BY PRESUMPTION

Property acquired during the marriage is

presumed to belong to the community, unless
it is proved that it is one of those excluded
therefrom.
 TITLE IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
ART. 101 ABANDONMENT OF THE CONJUGAL DWELLING

If a spouse without justifiable cause abandons the

other or fails to comply with his or her obligations to
the family, the aggrieved spouse may petition the
court for receivership, for judicial separation of
property or for authority to be the sole administrator
of the absolute community….
 (par.3) A spouse is deemed to have
abandoned the other when he or she has left
the conjugal dwelling without any intention
of returning. The spouse who has left the
conjugal dwelling for a period of three
months or has failed within the same period
to give any information as to his or her
whereabouts shall be prima facie presumed
to have no intention of returning to the
conjugal dwelling.
 TITLE IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
ART. 124 DISPOSITION OR ENCUMBRANCE OF CONJUGAL
PROPERTY

Only in the event where one spouse is incapacitated or

otherwise unable to participate in the administration of the
conjugal properties, may the other spouse assume sole
powers of administration. However, 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 is void, but may be perfected
as a binding contract with other spouse’s acceptance or
court’s authorization before withdrawal.
 TITLE IV – PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
ART. 135 GROUNDS FOR JUDICIAL SEPARATION OF PROPERTY

(par. 4) That the spouse of the petitioner has

abandoned the latter or failed to comply with his or
her obligations to the family
 TITLE IV – PROPERTY
RELATIONS BETWEEN
HUSBAND AND WIFE
ART. 147 PROPERTY REGIME OF UNIONS
WITHOUT MARRIAGE WHERE PARTIES HAVE
NO LEGAL IMPEDIMENT TO MARRY
General Rule: Special Coownership
( owned by them in equal shares)
• A party who did not participate in the acquisition of any
property shall be deemed to have contributed jointly in the
acquisition thereof if the part’s efforts consisted in the care
and maintenance of the family and of the household.
 TITLE IV – PROPERTY
RELATIONS BETWEEN
HUSBAND AND WIFE
ART. 148 PROPERTY REGIME OF UNIONS
WITHOUT MARRIAGE WHERE PARTIES ARE
WITH LEGAL IMPEDIMENT TO MARRY
General Rule: Actual Joint Contribution

*The efforts of one of the parties in maintaining the family and

household shall not be considered adequate contribution in the
acquisition of properties.

Forfeiture: If one party is validly married to another, his/her share

in the co-ownership shall accrue to the benefit of the absolute
community or conjugal partnership existing in the such valid
marriage.
 TITLE VI – PATERNITY AND
FILIATION
ART. 163 FILIATION

The filiation of children may be by nature

or by adoption. Natural filiation may be
legitimate or illegitimate.
TITLE VI – PATERNITY AND FILIATION
ART. 164 PRESUMPTION OF LEGITIMACY

Children conceived and born during the marriage of the

parents are legitimate.

Children conceived as a result of artificial insemination of the

wife with the sperm of the husband or that of a donor or both
are likewise legitimate children of the husband and wife,
provided that both of them authorized and 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.
TITLE VI – PATERNITY AND
FILIATION
ART. 165 ILLEGITIMATE CHILDREN

Children conceived and born outside a

valid marriage are illegitimate, unless
otherwise provided in this Code.
 SUPPORT
It comprises everything indispensable for
sustenance, dwelling, clothing, medical
attendance and transportation, in keeping
with the financial capacity of the family,
including the education of the person
entitled to be supported until he
completes his education or training for
some profession, trade or vocation, even
beyond the age of majority (Art. 194, FC).
 CHARACTERISTICS OF
SUPPORT
1. Personal
2. Reciprocal on the part of those who are by
law bound to support each other
3. Intransmissible
4. Mandatory
5. Provisional character of support judgment
6. Exempt from attachment or execution
7. Not subject to waiver or compensation
 COMPOSITION OF SUPPORT
Support comprises everything indispensable for:
1. Sustenance
2. Dwelling
3. Clothing
4. Medical attendance
5. Education – includes schooling or training for some
profession, trade or vocation, even beyond the age of
majority
6. Transportation – includes expenses going to and from
school, or to from place of work
 KINDS OF SUPPORT

1.LEGAL – required or given by law;

2.JUDICIAL – required by court; May be:
a.Pendente lite
b.In a final judgment
3.CONVENTIONAL – by agreement.
 PERSONS OBLIGED TO SUPPORT
EACH OTHER
1. Spouses;
NOTE: The spouse must be the legitimate spouse in order to be entitled to
support
2. Legitimate ascendants & descendants;
3. Parents and their legitimate children, and the legitimate and
illegitimate of the latter;
4. Parents and their illegitimate children, and the legitimate and
illegitimate children of the latter;
5. Legitimate brothers and sisters whether full or half-blood (Art. 195,
FC)
NOTE: Brothers and sisters not legitimately related likewise bound to support
each other. However, when the need for support of the brother or sister,
being of age, is due to a cause imputable to the claimant’s fault or negligence.
In this case, the illegitimate brother or sister has no right to be supported.
 SOURCES OF SUPPORT
During Marriage Pending Litigation After Litigation
CHILDREN
From the From the community From the separate
community property property properties of the spouses

LIABILITY TO SUPPORT
The liability to support devolves upon in the following
order:
1. Spouse
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
 SUPPORT DURING MARRIAGE LITIGATION
Source of support during the pendency of legal
separation, annulment and declaration of nullity of
marriage proceedings
The spouse and their common children shall be supported from the
properties of the absolute community or the conjugal partnership.
Mutual support of the spouses after the final judgment
granting the petition for legal separation, annulment and
declaration of nullity of marriage
GR: Spouses are no longer obliged to render mutual support after
final judgment. The obligation of mutual support ceases after final
judgment.

XPN: In case of legal separation the Court may order that the
guilty spouse shall give support to the innocent one.
 AMOUNT OF SUPPORT
Amount shall be in proportion to the resources or means
of the giver and to the necessities of the recipient ( Art.
201, FC).

Support may be decreased or increased proportionately

according to the reduction or increase of the necessities
of the recipient and the resources of the person obliged to
furnish the same (Art. 202, FC)
 OPTIONS
Options given to persons giving support
1. To give a fixed monthly allowance; or
2. To receive and maintain the recipient in the giver’s
home or family dwelling (Art. 204, FC).
Q.What if support is given by a stranger without
the knowledge of the person obliged to give
support?
R.
GR: The stranger shall have the right of reimbursement.
XPN: Unless it appears that he gave it without any
intention of being reimbursed (Art. 206, FC).
Q.What if the person obliged to give support
unjustly refuses or fails to give support when
urgently needed?

R. Any third person may furnish support to the

needy individual, with a right of reimbursement
(Art. 207, FC).
NOTE: In case of annulment or
declaration of absolute nullity of marriage,
Article 49 of the Family Code grants
visitation rights to a parent who is deprived
of custody of his children. Such visitation
rights flow from the natural right of both
parent and child to each other’s company.
There being no such parent-child
relationship between them, a person has no
legally demandable right of visitation
(Conception vs. Court of Appeals, G.R.
123450, August 31, 2005)
Exercise of parental authority in case of absence, death,
remarriage of either parent, or legal or de facto separation
of parents

1. Absence or death of either parent- parent present shall

continue exercising parental authority
2. Remarriage of either parent- it shall not affect the
parental authority over the children, unless the court
appoints another person to be the guardian of the person
or property of the children(Art.213, FC)
3. Legal or de facto separation of parents- the parent
designated by the court.