THE FAMILY CODE OF THE PHILIPPINES necessary, however, for the contracting parties to appear

personally before the solemnizing officer and declare in

I, CORAZON C. AQUINO, President of the
the presence of not less than two witnesses of legal age
Philippines, by virtue of the powers vested in me by the
that they take each other as husband and wife. This
Constitution, do hereby order and promulgate the Family
declaration shall be contained in the marriage certificate
Code of the Philippines, as follows:
which shall be signed by the contracting parties and their
TITLE I witnesses and attested by the solemnizing officer.
MARRIAGE
In case of a marriage in articulo mortis, when the party at
Chapter 1. Requisites of Marriage the point of death is unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses to
Article 1. Marriage is a special contract of permanent the marriage to write the name of said party, which fact
union between a man and a woman entered into in shall be attested by the solemnizing officer. (55a)
accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an Article 7. Marriage may be solemnized by:
inviolable social institution whose nature, consequences,
(1) Any incumbent member of the judiciary within the
and incidents are governed by law and not subject to
court's jurisdiction;
stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits (2) Any priest, rabbi, imam, or minister of any church or
provided by this Code. (52a) religious sect duly authorized by his church or religious
sect and registered with the civil registrar general, acting
Article 2. No marriage shall be valid, unless these
within the limits of the written authority granted by his
essential requisites are present:
church or religious sect and provided that at least one of
(1) Legal capacity of the contracting parties who must be the contracting parties belongs to the solemnizing officer's
a male and a female; and church or religious sect;

(2) Consent freely given in the presence of the (3) Any ship captain or airplane chief only in the case
solemnizing officer. (53a) mentioned in Article 31;

Article 3. The formal requisites of marriage are: (4) Any military commander of a unit to which a chaplain
is assigned, in the absence of the latter, during a military
(1) Authority of the solemnizing officer; operation, likewise only in the cases mentioned in Article
(2) A valid marriage license except in the cases provided 32;
for in Chapter 2 of this Title; and (5) Any consul-general, consul or vice-consul in the case
(3) A marriage ceremony which takes place with the provided in Article 10. (56a)
appearance of the contracting parties before the Article. 8. The marriage shall be solemnized publicly in
solemnizing officer and their personal declaration that the chambers of the judge or in open court, in the church,
they take each other as husband and wife in the presence chapel or temple, or in the office the consul-general,
of not less than two witnesses of legal age. (53a, 55a) consul or vice-consul, as the case may be, and not
Article 4. The absence of any of the essential or formal elsewhere, except in cases of marriages contracted on the
requisites shall render the marriage void ab initio, except point of death or in remote places in accordance with
as stated in Article 35 (2). Article 29 of this Code, or where both of the parties
request the solemnizing officer in writing in which case
A defect in any of the essential requisites shall not affect the marriage may be solemnized at a house or place
the validity of the marriage but the party or parties designated by them in a sworn statement to that effect.
responsible for the irregularity shall be civilly, criminally (57a)
and administratively liable. (n)
Article 9. A marriage license shall be issued by the local
Article 5. Any male or female of the age of eighteen years civil registrar of the city or municipality where either
or upwards not under any of the impediments mentioned contracting party habitually resides, except in marriages
in Articles 37 and 38, may contract marriage. (54a) where no license is required in accordance with Chapter 2
of this Title (58a)
Article 6. No prescribed form or religious rite for the
solemnization of the marriage is required. It shall be
Article 10. Marriages between Filipino citizens abroad that such birth or baptismal certificate has not yet been
may be solemnized by a consul-general, consul or vice- received though the same has been required of the person
consul of the Republic of the Philippines. The issuance of having custody thereof at least fifteen days prior to the
the marriage license and the duties of the local civil date of the application, such party may furnish in lieu
registrar and of the solemnizing officer with regard to the thereof his current residence certificate or an instrument
celebration of marriage shall be performed by said drawn up and sworn to before the local civil registrar
consular official. (75a) concerned or any public official authorized to administer
oaths. Such instrument shall contain the sworn declaration
Article 11. Where a marriage license is required, each of
of two witnesses of lawful age, setting forth the full name,
the contracting parties shall file separately a sworn
residence and citizenship of such contracting party and of
application for such license with the proper local civil
his or her parents, if known, and the place and date of birth
registrar which shall specify the following:
of such party. The nearest of kin of the contracting parties
(1) Full name of the contracting party; shall be preferred as witnesses, or, in their default, persons
of good reputation in the province or the
(2) Place of birth; locality. [Link]
(3) Age and date of birth; The presentation of birth or baptismal certificate shall not
(4) Civil status; be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and
(5) If previously married, how, when and where the swear to the correctness of the lawful age of said parties,
previous marriage was dissolved or annulled; as stated in the application, or when the local civil
registrar shall, by merely looking at the applicants upon
(6) Present residence and citizenship;
their personally appearing before him, be convinced that
(7) Degree of relationship of the contracting parties; either or both of them have the required age. (60a)

(8) Full name, residence and citizenship of the father; Article 13. In case either of the contracting parties has
been previously married, the applicant shall be required to
(9) Full name, residence and citizenship of the mother; furnish, instead of the birth or baptismal certificate
and required in the last preceding article, the death certificate
(10) Full name, residence and citizenship of the guardian of the deceased spouse or the judicial decree of the
or person having charge, in case the contracting party has absolute divorce, or the judicial decree of annulment or
neither father nor mother and is under the age of twenty- declaration of nullity of his or her previous marriage.
one years. In case the death certificate cannot be secured, the party
The applicants, their parents or guardians shall not be shall make an affidavit setting forth this circumstance and
required to exhibit their residence certificates in any his or her actual civil status and the name and date of death
formality in connection with the securing of the marriage of the deceased spouse. (61a)
license. (59a) Article 14. In case either or both of the contracting
Article 12. The local civil registrar, upon receiving such parties, not having been emancipated by a previous
application, shall require the presentation of the original marriage, are between the ages of eighteen and twenty-
birth certificates or, in default thereof, the baptismal one, they shall, in addition to the requirements of the
certificates of the contracting parties or copies of such preceding articles, exhibit to the local civil registrar, the
documents duly attested by the persons having custody of consent to their marriage of their father, mother, surviving
the originals. These certificates or certified copies of the parent or guardian, or persons having legal charge of
documents by this Article need not be sworn to and shall them, in the order mentioned. Such consent shall be
be exempt from the documentary stamp tax. The signature manifested in writing by the interested party, who
and official title of the person issuing the certificate shall personally appears before the proper local civil registrar,
be sufficient proof of its authenticity. [Link] or in the form of an affidavit made in the presence of two
witnesses and attested before any official authorized by
If either of the contracting parties is unable to produce his law to administer oaths. The personal manifestation shall
birth or baptismal certificate or a certified copy of either be recorded in both applications for marriage license, and
because of the destruction or loss of the original or if it is the affidavit, if one is executed instead, shall be attached
shown by an affidavit of such party or of any other person to said applications. (61a)
Article 15. Any contracting party between the age of corresponding bond required for the issuances of the
twenty-one and twenty-five shall be obliged to ask their order. (64a)
parents or guardian for advice upon the intended
Article 19. The local civil registrar shall require the
marriage. If they do not obtain such advice, or if it be
payment of the fees prescribed by law or regulations
unfavorable, the marriage license shall not be issued till
before the issuance of the marriage license. No other sum
after three months following the completion of the
shall be collected in the nature of a fee or tax of any kind
publication of the application therefor. A sworn statement
for the issuance of said license. It shall, however, be
by the contracting parties to the effect that such advice has
issued free of charge to indigent parties, that is those who
been sought, together with the written advice given, if any,
have no visible means of income or whose income is
shall be attached to the application for marriage license.
insufficient for their subsistence a fact established by their
Should the parents or guardian refuse to give any advice,
affidavit, or by their oath before the local civil registrar.
this fact shall be stated in the sworn statement. (62a)
(65a)
Article 16. In the cases where parental consent or parental
Article 20. The license shall be valid in any part of the
advice is needed, the party or parties concerned shall, in
Philippines for a period of one hundred twenty days from
addition to the requirements of the preceding articles,
the date of issue, and shall be deemed automatically
attach a certificate issued by a priest, imam or minister
cancelled at the expiration of the said period if the
authorized to solemnize marriage under Article 7 of this
contracting parties have not made use of it. The expiry
Code or a marriage counsellor duly accredited by the
date shall be stamped in bold characters on the face of
proper government agency to the effect that the
every license issued. (65a)
contracting parties have undergone marriage counselling.
Failure to attach said certificates of marriage counselling Article 21. When either or both of the contracting parties
shall suspend the issuance of the marriage license for a are citizens of a foreign country, it shall be necessary for
period of three months from the completion of the them before a marriage license can be obtained, to submit
publication of the application. Issuance of the marriage a certificate of legal capacity to contract marriage, issued
license within the prohibited period shall subject the by their respective diplomatic or consular officials.
issuing officer to administrative sanctions but shall not
affect the validity of the marriage. Stateless persons or refugees from other countries shall,
in lieu of the certificate of legal capacity herein required,
Should only one of the contracting parties need parental submit an affidavit stating the circumstances showing
consent or parental advice, the other party must be present such capacity to contract marriage. (66a)
at the counselling referred to in the preceding paragraph.
(n) Article 22. The marriage certificate, in which the parties
shall declare that they take each other as husband and
Article 17. The local civil registrar shall prepare a notice wife, shall also state:
which shall contain the full names and residences of the
applicants for a marriage license and other data given in (1) The full name, sex and age of each contracting party;
the applications. The notice shall be posted for ten (2) Their citizenship, religion and habitual residence;
consecutive days on a bulletin board outside the office of
the local civil registrar located in a conspicous place (3) The date and precise time of the celebration of the
within the building and accessible to the general public. marriage;
This notice shall request all persons having knowledge of
(4) That the proper marriage license has been issued
any impediment to the marriage to advise the local civil
according to law, except in marriage provided for in
registrar thereof. The marriage license shall be issued
Chapter 2 of this Title;
after the completion of the period of publication. (63a)
(5) That either or both of the contracting parties have
Article 18. In case of any impediment known to the local
secured the parental consent in appropriate cases;
civil registrar or brought to his attention, he shall note
down the particulars thereof and his findings thereon in (6) That either or both of the contracting parties have
the application for marriage license, but shall nonetheless complied with the legal requirement regarding parental
issue said license after the completion of the period of advice in appropriate cases; and
publication, unless ordered otherwise by a competent
court at his own instance or that of any interest party. No (7) That the parties have entered into marriage settlement,
filing fee shall be charged for the petition nor a if any, attaching a copy thereof. (67a)
Article 23. It shall be the duty of the person solemnizing the marriage may be solemnized without necessity of a
the marriage to furnish either of the contracting parties the marriage license. (72a)
original of the marriage certificate referred to in Article 6
Article 29. In the cases provided for in the two preceding
and to send the duplicate and triplicate copies of the
articles, the solemnizing officer shall state in an affidavit
certificate not later than fifteen days after the marriage, to
executed before the local civil registrar or any other
the local civil registrar of the place where the marriage
person legally authorized to administer oaths that the
was solemnized. Proper receipts shall be issued by the
marriage was performed in articulo mortis or that the
local civil registrar to the solemnizing officer transmitting
residence of either party, specifying the barrio or
copies of the marriage certificate. The solemnizing officer
barangay, is so located that there is no means of
shall retain in his file the quadruplicate copy of the
transportation to enable such party to appear personally
marriage certificate, the copy of the marriage certificate,
before the local civil registrar and that the officer took the
the original of the marriage license and, in proper cases,
necessary steps to ascertain the ages and relationship of
the affidavit of the contracting party regarding the
the contracting parties and the absence of legal
solemnization of the marriage in place other than those
impediment to the marriage. (72a)
mentioned in Article 8. (68a)
Article 30. The original of the affidavit required in the
Article 24. It shall be the duty of the local civil registrar
last preceding article, together with the legible copy of the
to prepare the documents required by this Title, and to
marriage contract, shall be sent by the person solemnizing
administer oaths to all interested parties without any
the marriage to the local civil registrar of the municipality
charge in both cases. The documents and affidavits filed
where it was performed within the period of thirty days
in connection with applications for marriage licenses shall
after the performance of the marriage. (75a)
be exempt from documentary stamp tax. (n)
Article 31. A marriage in articulo mortis between
Article 25. The local civil registrar concerned shall enter
passengers or crew members may also be solemnized by
all applications for marriage licenses filed with him in a
a ship captain or by an airplane pilot not only while the
registry book strictly in the order in which the same are
ship is at sea or the plane is in flight, but also during
received. He shall record in said book the names of the
stopovers at ports of call. (74a)
applicants, the date on which the marriage license was
issued, and such other data as may be necessary. (n) Article 32. A military commander of a unit, who is a
commissioned officer, shall likewise have authority to
Article 26. All marriages solemnized outside the
solemnize marriages in articulo mortis between persons
Philippines, in accordance with the laws in force in the
within the zone of military operation, whether members
country where they were solemnized, and valid there as
of the armed forces or civilians. (74a)
such, shall also be valid in this country, except those
prohibited under Articles 35 (1), (4), (5) and (6), 3637 and Article 33. Marriages among Muslims or among
38. (17a) members of the ethnic cultural communities may be
performed validly without the necessity of marriage
Where a marriage between a Filipino citizen and a
license, provided they are solemnized in accordance with
foreigner is validly celebrated and a divorce is thereafter
their customs, rites or practices. (78a)
validly obtained abroad by the alien spouse capacitating
him or her to remarry, the Filipino spouse shall have Article 34. No license shall be necessary for the marriage
capacity to remarry under Philippine law. (As amended by of a man and a woman who have lived together as
Executive Order 227) husband and wife for at least five years and without any
legal impediment to marry each other. The contracting
Chapter 2. Marriages Exempted from License
parties shall state the foregoing facts in an affidavit before
Requirement
any person authorized by law to administer oaths. The
Article 27. In case either or both of the contracting parties solemnizing officer shall also state under oath that he
are at the point of death, the marriage may be solemnized ascertained the qualifications of the contracting parties are
without necessity of a marriage license and shall remain found no legal impediment to the marriage. (76a)
valid even if the ailing party subsequently survives. (72a)
Chapter 3. Void and Voidable Marriages
Article 28. If the residence of either party is so located
Article 35. The following marriages shall be void from
that there is no means of transportation to enable such
the beginning:
party to appear personally before the local civil registrar,
(1) Those contracted by any party below eighteen years of (8) Between adopted children of the same adopter; and
age even with the consent of parents or guardians;
(9) Between parties where one, with the intention to marry
(2) Those solemnized by any person not legally the other, killed that other person's spouse, or his or her
authorized to perform marriages unless such marriages own spouse. (82)
were contracted with either or both parties believing in
Article 39. The action or defense for the declaration of
good faith that the solemnizing officer had the legal
absolute nullity shall not prescribe. However, in case of
authority to do so;
marriage celebrated before the effectivity of this Code and
(3) Those solemnized without license, except those falling under Article 36, such action or defense shall
covered the preceding Chapter; prescribe in ten years after this Code shall taken effect.
(As amended by Executive Order 227) (n)
(4) Those bigamous or polygamous marriages not failing
under Article 41; Article 40. The absolute nullity of a previous marriage
may be invoked for purposes of remarriage on the basis
(5) Those contracted through mistake of one contracting
solely of a final judgment declaring such previous
party as to the identity of the other; and
marriage void. (n).
(6) Those subsequent marriages that are void under
Article 41. A marriage contracted by any person during
Article 53.
subsistence of a previous marriage shall be null and void,
Article 36. A marriage contracted by any party who, at unless before the celebration of the subsequent marriage,
the time of the celebration, was psychologically the prior spouse had been absent for four consecutive
incapacitated to comply with the essential marital years and the spouse present has a well-founded belief
obligations of marriage, shall likewise be void even if that the absent spouse was already dead. In case of
such incapacity becomes manifest only after its disappearance where there is danger of death under the
solemnization. (As amended by Executive Order 227) circumstances set forth in the provisions of Article 391 of
the Civil Code, an absence of only two years shall be
Article 37. Marriages between the following are sufficient.
incestuous and void from the beginning, whether
relationship between the parties be legitimate or For the purpose of contracting the subsequent marriage
illegitimate: under the preceding paragraph the spouse present must
institute a summary proceeding as provided in this Code
(1) Between ascendants and descendants of any degree; for the declaration of presumptive death of the absentee,
and without prejudice to the effect of reappearance of the
(2) Between brothers and sisters, whether of the full or absent spouse. (83a)
half blood. (81a) Article 42. The subsequent marriage referred to in the
Article 38. The following marriages shall be void from preceding Article shall be automatically terminated by the
the beginning for reasons of public policy: recording of the affidavit of reappearance of the absent
spouse, unless there is a judgment annulling the previous
(1) Between collateral blood relatives whether legitimate marriage or declaring it void ab initio.
or illegitimate, up to the fourth civil degree;
A sworn statement of the fact and circumstances of
(2) Between step-parents and step-children; reappearance shall be recorded in the civil registry of the
residence of the parties to the subsequent marriage at the
(3) Between parents-in-law and children-in-law;
instance of any interested person, with due notice to the
(4) Between the adopting parent and the adopted child; spouses of the subsequent marriage and without prejudice
to the fact of reappearance being judicially determined in
(5) Between the surviving spouse of the adopting parent case such fact is disputed. (n)
and the adopted child;
Article 43. The termination of the subsequent marriage
(6) Between the surviving spouse of the adopted child and referred to in the preceding Article shall produce the
the adopter; following effects:
(7) Between an adopted child and a legitimate child of the (1) The children of the subsequent marriage conceived
adopter; prior to its termination shall be considered legitimate;
(2) The absolute community of property or the conjugal (5) That either party was physically incapable of
partnership, as the case may be, shall be dissolved and consummating the marriage with the other, and such
liquidated, but if either spouse contracted said marriage in incapacity continues and appears to be incurable; or
bad faith, his or her share of the net profits of the
(6) That either party was afflicted with a sexually-
community property or conjugal partnership property
transmissible disease found to be serious and appears to
shall be forfeited in favor of the common children or, if
be incurable. (85a)
there are none, the children of the guilty spouse by a
previous marriage or in default of children, the innocent Article 46. Any of the following circumstances shall
spouse; constitute fraud referred to in Number 3 of the preceding
Article:
(3) Donations by reason of marriage shall remain valid,
except that if the donee contracted the marriage in bad (1) Non-disclosure of a previous conviction by final
faith, such donations made to said donee are revoked by judgment of the other party of a crime involving moral
operation of law; turpitude;
(4) The innocent spouse may revoke the designation of the (2) Concealment by the wife of the fact that at the time of
other spouse who acted in bad faith as beneficiary in any the marriage, she was pregnant by a man other than her
insurance policy, even if such designation be stipulated as husband;
irrevocable; and
(3) Concealment of sexually transmissible disease,
(5) The spouse who contracted the subsequent marriage in regardless of its nature, existing at the time of the
bad faith shall be disqualified to inherit from the innocent marriage; or
spouse by testate and intestate succession. (n)
(4) Concealment of drug addiction, habitual alcoholism or
Article 44. If both spouses of the subsequent marriage homosexuality or lesbianism existing at the time of the
acted in bad faith, said marriage shall be void ab initio and marriage.
all donations by reason of marriage and testamentary
dispositions made by one in favor of the other are revoked No other misrepresentation or deceit as to character,
by operation of law. (n) health, rank, fortune or chastity shall constitute such fraud
as will give grounds for action for the annulment of
Article 45. A marriage may be annulled for any of the marriage. (86a)
following causes, existing at the time of the marriage:
Article 47. The action for annulment of marriage must be
(1) That the party in whose behalf it is sought to have the filed by the following persons and within the periods
marriage annulled was eighteen years of age or over but indicated herein:
below twenty-one, and the marriage was solemnized
without the consent of the parents, guardian or person (1) For causes mentioned in number 1 of Article 45 by the
having substitute parental authority over the party, in that party whose parent or guardian did not give his or her
order, unless after attaining the age of twenty-one, such consent, within five years after attaining the age of
party freely cohabited with the other and both lived twenty-one, or by the parent or guardian or person having
together as husband and wife; legal charge of the minor, at any time before such party
has reached the age of twenty-one;
(2) That either party was of unsound mind, unless such
party after coming to reason, freely cohabited with the (2) For causes mentioned in number 2 of Article 45, by
other as husband and wife; the same spouse, who had no knowledge of the other's
insanity; or by any relative or guardian or person having
(3) That the consent of either party was obtained by fraud, legal charge of the insane, at any time before the death of
unless such party afterwards, with full knowledge of the either party, or by the insane spouse during a lucid interval
facts constituting the fraud, freely cohabited with the or after regaining sanity;
other as husband and wife;
(3) For causes mentioned in number 3 of Articles 45, by
(4) That the consent of either party was obtained by force, the injured party, within five years after the discovery of
intimidation or undue influence, unless the same having the fraud;
disappeared or ceased, such party thereafter freely
cohabited with the other as husband and wife;
(4) For causes mentioned in number 4 of Article 45, by mutual agreement judicially approved, had already
the injured party, within five years from the time the force, provided for such matters.
intimidation or undue influence disappeared or ceased;
The children or their guardian or the trustee of their
(5) For causes mentioned in number 5 and 6 of Article 45, property may ask for the enforcement of the judgment.
by the injured party, within five years after the marriage.
The delivery of the presumptive legitimes herein
(87a)
prescribed shall in no way prejudice the ultimate
Article 48. In all cases of annulment or declaration of successional rights of the children accruing upon the
absolute nullity of marriage, the Court shall order the death of either of both of the parents; but the value of the
prosecuting attorney or fiscal assigned to it to appear on properties already received under the decree of annulment
behalf of the State to take steps to prevent collusion or absolute nullity shall be considered as advances on
between the parties and to take care that evidence is not their legitime. (n)
fabricated or suppressed.
Article 52. The judgment of annulment or of absolute
In the cases referred to in the preceding paragraph, no nullity of the marriage, the partition and distribution of the
judgment shall be based upon a stipulation of facts or properties of the spouses and the delivery of the children's
confession of judgment. (88a) presumptive legitimes shall be recorded in the appropriate
civil registry and registries of property; otherwise, the
Article 49. During the pendency of the action and in the
same shall not affect third persons. (n)
absence of adequate provisions in a written agreement
between the spouses, the Court shall provide for the Article 53. Either of the former spouses may marry again
support of the spouses and the custody and support of their after compliance with the requirements of the
common children. The Court shall give paramount immediately preceding Article; otherwise, the subsequent
consideration to the moral and material welfare of said marriage shall be null and void.
children and their choice of the parent with whom they
Article 54. Children conceived or born before the
wish to remain as provided to in Title IX. It shall also
judgment of annulment or absolute nullity of the marriage
provide for appropriate visitation rights of the other
under Article 36 has become final and executory shall be
parent. (n)
considered legitimate. Children conceived or born of the
Article 50. The effects provided for by paragraphs (2), subsequent marriage under Article 53 shall likewise be
(3), (4) and (5) of Article 43 and by Article 44 shall also legitimate.
apply in the proper cases to marriages which are declared
TITLE II
ab initio or annulled by final judgment under Articles 40
LEGAL SEPARATION
and 45.
Article 55. A petition for legal separation may be filed on
The final judgment in such cases shall provide for the
any of the following grounds:
liquidation, partition and distribution of the properties of
the spouses, the custody and support of the common (1) Repeated physical violence or grossly abusive conduct
children, and the delivery of third presumptive legitimes, directed against the petitioner, a common child, or a child
unless such matters had been adjudicated in previous of the petitioner;
judicial proceedings.
(2) Physical violence or moral pressure to compel the
All creditors of the spouses as well as of the absolute petitioner to change religious or political affiliation;
community or the conjugal partnership shall be notified of
the proceedings for liquidation. (3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner, to
In the partition, the conjugal dwelling and the lot on which engage in prostitution, or connivance in such corruption
it is situated, shall be adjudicated in accordance with the or inducement;
provisions of Articles 102 and 129.
(4) Final judgment sentencing the respondent to
Article 51. In said partition, the value of the presumptive imprisonment of more than six years, even if pardoned;
legitimes of all common children, computed as of the date
of the final judgment of the trial court, shall be delivered (5) Drug addiction or habitual alcoholism of the
in cash, property or sound securities, unless the parties, by respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent The court, in the absence of a written agreement between
bigamous marriage, whether in the Philippines or abroad; the spouses, shall designate either of them or a third
person to administer the absolute community or conjugal
(8) Sexual infidelity or perversion;
partnership property. The administrator appointed by the
(9) Attempt by the respondent against the life of the court shall have the same powers and duties as those of a
petitioner; or guardian under the Rules of Court. (104a)

(10) Abandonment of petitioner by respondent without Article 62. During the pendency of the action for legal
justifiable cause for more than one year. separation, the provisions of Article 49 shall likewise
apply to the support of the spouses and the custody and
For purposes of this Article, the term "child" shall include support of the common children. (105a)
a child by nature or by adoption. (9a)
Article 63. The decree of legal separation shall have the
Article 56. The petition for legal separation shall be following effects:
denied on any of the following grounds:
(1) The spouses shall be entitled to live separately from
(1) Where the aggrieved party has condoned the offense each other, but the marriage bonds shall not be severed;
or act complained of;
(2) The absolute community or the conjugal partnership
(2) Where the aggrieved party has consented to the shall be dissolved and liquidated but the offending spouse
commission of the offense or act complained of; shall have no right to any share of the net profits earned
(3) Where there is connivance between the parties in the by the absolute community or the conjugal partnership,
commission of the offense or act constituting the ground which shall be forfeited in accordance with the provisions
for legal separation; of Article 43(2);

(4) Where both parties have given ground for legal (3) The custody of the minor children shall be awarded to
separation; the innocent spouse, subject to the provisions of Article
213 of this Code; and
(5) Where there is collusion between the parties to obtain
decree of legal separation; or (4) The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate
(6) Where the action is barred by prescription. (100a) succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent spouse
Article 57. An action for legal separation shall be filed
shall be revoked by operation of law. (106a)
within five years from the time of the occurrence of the
cause. (102) Article 64. After the finality of the decree of legal
separation, the innocent spouse may revoke the donations
Article 58. An action for legal separation shall in no case
made by him or by her in favor of the offending spouse,
be tried before six months shall have elapsed since the
as well as the designation of the latter as beneficiary in
filing of the petition. (103)
any insurance policy, even if such designation be
Article 59. No legal separation may be decreed unless the stipulated as irrevocable. The revocation of the donations
Court has taken steps toward the reconciliation of the shall be recorded in the registries of property in the places
spouses and is fully satisfied, despite such efforts, that where the properties are located. Alienations, liens and
reconciliation is highly improbable. (n) encumbrances registered in good faith before the
recording of the complaint for revocation in the registries
Article 60. No decree of legal separation shall be based of property shall be respected. The revocation of or
upon a stipulation of facts or a confession of judgment. change in the designation of the insurance beneficiary
In any case, the Court shall order the prosecuting attorney shall take effect upon written notification thereof to the
or fiscal assigned to it to take steps to prevent collusion insured.
between the parties and to take care that the evidence is The action to revoke the donation under this Article must
not fabricated or suppressed. (101a) be brought within five years from the time the decree of
Article 61. After the filing of the petition for legal legal separation become final. (107a)
separation, the spouses shall be entitled to live separately Article 65. If the spouses should reconcile, a
from each other. corresponding joint manifestation under oath duly signed
by them shall be filed with the court in the same However, such exemption shall not apply if the same is
proceeding for legal separation. (n) not compatible with the solidarity of the family. (110a)
Article 66. The reconciliation referred to in the preceding Article 70. The spouses are jointly responsible for the
Articles shall have the following consequences: support of the family. The expenses for such support and
other conjugal obligations shall be paid from the
(1) The legal separation proceedings, if still pending, shall
community property and, in the absence thereof, from the
thereby be terminated at whatever stage; and
income or fruits of their separate properties. In case of
(2) The final decree of legal separation shall be set aside, insufficiency or absence of said income or fruits, such
but the separation of property and any forfeiture of the obligations shall be satisfied from the separate properties.
share of the guilty spouse already effected shall subsist, (111a)
unless the spouses agree to revive their former property
Article 71. The management of the household shall be the
regime.
right and the duty of both spouses. The expenses for such
The court's order containing the foregoing shall be management shall be paid in accordance with the
recorded in the proper civil registries. (108a) provisions of Article 70. (115a)

Article 67. The agreement to revive the former property Article 72. When one of the spouses neglects his or her
regime referred to in the preceding Article shall be duties to the conjugal union or commits acts which tend
executed under oath and shall specify: to bring danger, dishonor or injury to the other or to the
family, the aggrieved party may apply to the court for
(1) The properties to be contributed anew to the restored relief. (116a)
regime;
Article 73. Either spouse may exercise any legitimate
(2) Those to be retained as separated properties of each profession, occupation, business or activity without the
spouse; and consent of the other. The latter may object only on valid,
(3) The names of all their known creditors, their addresses serious, and moral grounds.
and the amounts owing to each. In case of disagreement, the court shall decide whether or
The agreement of revival and the motion for its approval not:
shall be filed with the court in the same proceeding for (1) The objection is proper, and
legal separation, with copies of both furnished to the
creditors named therein. After due hearing, the court shall, (2) Benefit has occurred to the family prior to the
in its order, take measure to protect the interest of objection or thereafter. If the benefit accrued prior to the
creditors and such order shall be recorded in the proper objection, the resulting obligation shall be enforced
registries of properties. against the separate property of the spouse who has not
obtained consent.
The recording of the ordering in the registries of property
shall not prejudice any creditor not listed or not notified, The foregoing provisions shall not prejudice the rights of
unless the debtor-spouse has sufficient separate properties creditors who acted in good faith. (117a)
to satisfy the creditor's claim. (195a, 108a)
TITLE IV
TITLE III PROPERTY RELATIONS BETWEEN HUSBAND
RIGHTS AND OBLIGATIONS BETWEEN AND WIFE
HUSBAND AND WIFE
Chapter 1. General Provisions
Article 68. The husband and wife are obliged to live
together, observe mutual love, respect and fidelity, and Article 74. The property relationship between husband
render mutual help and support. (109a) and wife shall be governed in the following order:

Article 69. The husband and wife shall fix the family (1) By marriage settlements executed before the marriage;
domicile. In case of disagreement, the court shall decide.
(2) By the provisions of this Code; and
The court may exempt one spouse from living with the
(3) By the local custom. (118)
other if the latter should live abroad or there are other
valid and compelling reasons for the exemption.
Article 75. The future spouses may, in the marriage consideration of a future marriage, including donations
settlements, agree upon the regime of absolute between the prospective spouses made therein, shall be
community, conjugal partnership of gains, complete rendered void if the marriage does not take place.
separation of property, or any other regime. In the absence However, stipulations that do not depend upon the
of a marriage settlement, or when the regime agreed upon celebration of the marriages shall be valid. (125a)
is void, the system of absolute community of property as
Chapter 2. Donations by Reason of Marriage
established in this Code shall govern. (119a)
Article 82. Donations by reason of marriage are those
Article 76. In order that any modification in the marriage
which are made before its celebration, in consideration of
settlements may be valid, it must be made before the
the same, and in favor of one or both of the future spouses.
celebration of the marriage, subject to the provisions of
(126)
Articles 66, 67, 128, 135 and 136. (121)
Article 83. These donations are governed by the rules on
Article 77. The marriage settlements and any
ordinary donations established in Title III of Book III of
modification thereof shall be in writing, signed by the
the Civil Code, insofar as they are not modified by the
parties and executed before the celebration of the
following articles. (127a)
marriage. They shall not prejudice third persons unless
they are registered in the local civil registry where the Article 84. If the future spouses agree upon a regime
marriage contract is recorded as well as in the proper other than the absolute community of property, they
registries of properties. (122a) cannot donate to each other in their marriage settlements
more than one-fifth of their present property. Any excess
Article 78. A minor who according to law may contract
shall be considered void.
marriage may also execute his or her marriage
settlements, but they shall be valid only if the persons Donations of future property shall be governed by the
designated in Article 14 to give consent to the marriage provisions on testamentary succession and the formalities
are made parties to the agreement, subject to the of wills. (130a)
provisions of Title IX of this Code. (120a)
Article 85. Donations by reason of marriage of property
Article 79. For the validity of any marriage settlement subject to encumbrances shall be valid. In case of
executed by a person upon whom a sentence of civil foreclosure of the encumbrance and the property is sold
interdiction has been pronounced or who is subject to any for less than the total amount of the obligation secured,
other disability, it shall be indispensable for the guardian the donee shall not be liable for the deficiency. If the
appointed by a competent court to be made a party thereto. property is sold for more than the total amount of said
(123a) obligation, the donee shall be entitled to the excess. (131a)
Article 80. In the absence of a contrary stipulation in a Article 86. A donation by reason of marriage may be
marriage settlement, the property relations of the spouses revoked by the donor in the following cases:
shall be governed by Philippine laws, regardless of the
place of the celebration of the marriage and their (1) If the marriage is not celebrated or judicially declared
residence. void ab initio except donations made in the marriage
settlements, which shall be governed by Article 81;
This rule shall not apply:
(2) When the marriage takes place without the consent of
(1) Where both spouses are aliens; the parents or guardian, as required by law;
(2) With respect to the extrinsic validity of contracts (3) When the marriage is annulled, and the donee acted in
affecting property not situated in the Philippines and bad faith;
executed in the country where the property is located; and
(4) Upon legal separation, the donee being the guilty
(3) With respect to the extrinsic validity of contracts spouse;
entered into in the Philippines but affecting property
situated in a foreign country whose laws require different (5) If it is with a resolutory condition and the condition is
formalities for its extrinsic validity. (124a) complied with;

Article 81. Everything stipulated in the settlements or (6) When the donee has committed an act of ingratitude
contracts referred to in the preceding articles in as specified by the provisions of the Civil Code on
donations in general. (132a)
Article 87. Every donation or grant of gratuitous the fruits as well as the income, if any, of such property.
advantage, direct or indirect, between the spouses during (201a)
the marriage shall be void, except moderate gifts which
Article 93. Property acquired during the marriage is
the spouses may give each other on the occasion of any
presumed to belong to the community, unless it is proved
family rejoicing. The prohibition shall also apply to
that it is one of those excluded therefrom. (160)
persons living together as husband and wife without a
valid marriage. (133a) Section 3. Charges and Obligations of the Absolute
Community
Chapter 3. System of Absolute Community
Article 94. The absolute community of property shall be
Section 1. General Provisions
liable for:
Article 88. The absolute community of property between
(1) The support of the spouses, their common children,
spouses shall commence at the precise moment that the
and legitimate children of either spouse; however, the
marriage is celebrated. Any stipulation, express or
support of illegitimate children shall be governed by the
implied, for the commencement of the community regime
provisions of this Code on Support;
at any other time shall be void. (145a)
(2) All debts and obligations contracted during the
Article 89. No waiver of rights, shares and effects of the
marriage by the designated administrator-spouse for the
absolute community of property during the marriage can
benefit of the community, or by both spouses, or by one
be made except in case of judicial separation of property.
spouse with the consent of the other;
When the waiver takes place upon a judicial separation of
(3) Debts and obligations contracted by either spouse
property, or after the marriage has been dissolved or
without the consent of the other to the extent that the
annulled, the same shall appear in a public instrument and
family may have been benefited;
shall be recorded as provided in Article 77. The creditors
of the spouse who made such waiver may petition the (4) All taxes, liens, charges and expenses, including major
court to rescind the waiver to the extent of the amount or minor repairs, upon the community property;
sufficient to cover the amount of their credits. (146a)
(5) All taxes and expenses for mere preservation made
Article 90. The provisions on co-ownership shall apply to during marriage upon the separate property of either
the absolute community of property between the spouses spouse used by the family;
in all matters not provided for in this Chapter. (n)
(6) Expenses to enable either spouse to commence or
Section 2. What Constitutes Community Property complete a professional or vocational course, or other
activity for self-improvement;
Article 91. Unless otherwise provided in this Chapter or
in the marriage settlements, the community property shall (7) Antenuptial debts of either spouse insofar as they have
consist of all the property owned by the spouses at the redounded to the benefit of the family;
time of the celebration of the marriage or acquired
thereafter. (197a) (8) The value of what is donated or promised by both
spouses in favor of their common legitimate children for
Article 92. The following shall be excluded from the the exclusive purpose of commencing or completing a
community property: professional or vocational course or other activity for self-
improvement;
(1) Property acquired during the marriage by gratuitous
title by either spouse, and the fruits as well as the income (9) Antenuptial debts of either spouse other than those
thereof, if any, unless it is expressly provided by the falling under paragraph (7) of this Article, the support of
donor, testator or grantor that they shall form part of the illegitimate children of either spouse, and liabilities
community property; incurred by either spouse by reason of a crime or a quasi-
delict, in case of absence or insufficiency of the exclusive
(2) Property for personal and exclusive use of either
property of the debtor-spouse, the payment of which shall
spouse. However, jewelry shall form part of the
be considered as advances to be deducted from the share
community property;
of the debtor-spouse upon liquidation of the community;
(3) Property acquired before the marriage by either spouse and
who has legitimate descendants by a former marriage, and
(10) Expenses of litigation between the spouses unless the (2) When there is a decree of legal separation;
suit is found to be groundless.
(3) When the marriage is annulled or declared void; or
If the community property is insufficient to cover the
(4) In case of judicial separation of property during the
foregoing liabilities, except those falling under paragraph
marriage under Article 134 to 138. (175a)
(9), the spouses shall be solidarily liable for the unpaid
balance with their separate properties. (161a, 162a, 163a, Article 100. The separation in fact between husband and
202a-205a) wife shall not affect the regime of absolute community
except that:
Article 95. Whatever may be lost during the marriage in
any game of chance, betting, sweepstakes, or any other (1) The spouse who leaves the conjugal home or refuses
kind of gambling, whether permitted or prohibited by law, to live therein, without just cause, shall not have the right
shall be borne by the loser and shall not be charged to the to be supported;
community but any winnings therefrom shall form part of
the community property. (164a) (2) When the consent of one spouse to any transaction of
the other is required by law, judicial authorization shall be
Section 4. Ownership, Administrative, Enjoyment obtained in a summary proceeding;
and Disposition of the Community Property
(3) In the absence of sufficient community property, the
Article 96. The administration and enjoyment of the separate property of both spouses shall be solidarily liable
community property shall belong to both spouses jointly. for the support of the family. The spouse present shall,
In case of disagreement, the husband's decision shall upon proper petition in a summary proceeding, be given
prevail, subject to recourse to the court by the wife for judicial authority to administer or encumber any specific
proper remedy, which must be availed of within five years separate property of the other spouse and use the fruits or
from the date of the contract implementing such decision. proceeds thereof to satisfy the latter's share. (178a)
In the event that one spouse is incapacitated or otherwise Article 101. If a spouse without just cause abandons the
unable to participate in the administration of the common other or fails to comply with his or her obligations to the
properties, the other spouse may assume sole powers of family, the aggrieved spouse may petition the court for
administration. These powers do not include disposition receivership, for judicial separation of property or for
or encumbrance without authority of the court or the authority to be the sole administrator of the absolute
written consent of the other spouse. In the absence of such community, subject to such precautionary conditions as
authority or consent, the disposition or encumbrance shall the court may impose.
be void. However, the transaction shall be construed as a
continuing offer on the part of the consenting spouse and The obligations to the family mentioned in the preceding
the third person, and may be perfected as a binding paragraph refer to marital, parental or property relations.
contract upon the acceptance by the other spouse or A spouse is deemed to have abandoned the other when her
authorization by the court before the offer is withdrawn or she has left the conjugal dwelling without intention of
by either or both offerors. (206a) returning. The spouse who has left the conjugal dwelling
Article 97. Either spouse may dispose by will of his or for a period of three months or has failed within the same
her interest in the community property. (n) period to give any information as to his or her
whereabouts shall be prima facie presumed to have no
Article 98. Neither spouse may donate any community intention of returning to the conjugal dwelling. (178a)
property without the consent of the other. However, either
spouse may, without the consent of the other, make Section 6. Liquidation of the Absolute Community
moderate donations from the community property for Assets and Liabilities
charity or on occasions of family rejoicing or family Article 102. Upon dissolution of the absolute community
distress. (n) regime, the following procedure shall apply:
Section 5. Dissolution of Absolute Community (1) An inventory shall be prepared, listing separately all
Regime the properties of the absolute community and the
Article 99. The absolute community terminates: exclusive properties of each spouse.

(1) Upon the death of either spouse; (2) The debts and obligations of the absolute community
shall be paid out of its assets. In case of insufficiency of
said assets, the spouses shall be solidarily liable for the same person before the effectivity of this Code is carried
unpaid balance with their separate properties in out simultaneously, the respective capital, fruits and
accordance with the provisions of the second paragraph of income of each community shall be determined upon such
Article 94. proof as may be considered according to the rules of
evidence. In case of doubt as to which community the
(3) Whatever remains of the exclusive properties of the
existing properties belong, the same shall be divided
spouses shall thereafter be delivered to each of them.
between the different communities in proportion to the
(4) The net remainder of the properties of the absolute capital and duration of each. (189a)
community shall constitute its net assets, which shall be
Chapter 4. Conjugal Partnership of Gains
divided equally between husband and wife, unless a
different proportion or division was agreed upon in the Section 1. General Provisions
marriage settlements, or unless there has been a voluntary
Article 105. In case the future spouses agree in the
waiver of such share provided in this Code. For purpose
marriage settlements that the regime of conjugal
of computing the net profits subject to forfeiture in
partnership gains shall govern their property relations
accordance with Articles 43, No. (2) and 63, No. (2), the
during marriage, the provisions in this Chapter shall be of
said profits shall be the increase in value between the
supplementary application.
market value of the community property at the time of the
celebration of the marriage and the market value at the The provisions of this Chapter shall also apply to conjugal
time of its dissolution. partnerships of gains already established between spouses
before the effectivity of this Code, without prejudice to
(5) The presumptive legitimes of the common children
vested rights already acquired in accordance with the
shall be delivered upon partition, in accordance with
Civil Code or other laws, as provided in Article 256. (n)
Article 51.
Article 106. Under the regime of conjugal partnership of
(6) Unless otherwise agreed upon by the parties, in the
gains, the husband and wife place in a common fund the
partition of the properties, the conjugal dwelling and the
proceeds, products, fruits and income from their separate
lot on which it is situated shall be adjudicated to the
properties and those acquired by either or both spouses
spouse with whom the majority of the common children
through their efforts or by chance, and, upon dissolution
choose to remain. Children below the age of seven years
of the marriage or of the partnership, the net gains or
are deemed to have chosen the mother, unless the court
benefits obtained by either or both spouses shall be
has decided otherwise. In case there in no such majority,
divided equally between them, unless otherwise agreed in
the court shall decide, taking into consideration the best
the marriage settlements. (142a)
interests of said children. (n)
Article 107. The rules provided in Articles 88 and 89 shall
Article 103. Upon the termination of the marriage by
also apply to conjugal partnership of gains. (n)
death, the community property shall be liquidated in the
same proceeding for the settlement of the estate of the Article 108. The conjugal partnership shall be governed
deceased. by the rules on the contract of partnership in all that is not
in conflict with what is expressly determined in this
If no judicial settlement proceeding is instituted, the
Chapter or by the spouses in their marriage settlements.
surviving spouse shall liquidate the community property
(147a)
either judicially or extra-judicially within six months from
the death of the deceased spouse. If upon the lapse of the Section 2. Exclusive Property of Each Spouse
six months period, no liquidation is made, any disposition
or encumbrance involving the community property of the Article 109. The following shall be the exclusive property
terminated marriage shall be void. of each spouse:

Should the surviving spouse contract a subsequent (1) That which is brought to the marriage as his or her
marriage without compliance with the foregoing own;
requirements, a mandatory regime of complete separation (2) That which each acquires during the marriage by
of property shall govern the property relations of the gratuitous title;
subsequent marriage. (n)
Article 104. Whenever the liquidation of the community
properties of two or more marriages contracted by the
(3) That which is acquired by right of redemption, by (1) Those acquired by onerous title during the marriage at
barter or by exchange with property belonging to only one the expense of the common fund, whether the acquisition
of the spouses; and be for the partnership, or for only one of the spouses;
(4) That which is purchased with exclusive money of the (2) Those obtained from the labor, industry, work or
wife or of the husband. (148a) profession of either or both of the spouses;
Article 110. The spouses retain the ownership, (3) The fruits, natural, industrial, or civil, due or received
possession, administration and enjoyment of their during the marriage from the common property, as well as
exclusive properties. the net fruits from the exclusive property of each spouse;
Either spouse may, during the marriage, transfer the (4) The share of either spouse in the hidden treasure which
administration of his or her exclusive property to the other the law awards to the finder or owner of the property
by means of a public instrument, which shall be recorded where the treasure is found;
in the registry of property of the place the property is
(5) Those acquired through occupation such as fishing or
located. (137a, 168a, 169a)
hunting;
Article 111. A spouse of age may mortgage, encumber,
(6) Livestock existing upon the dissolution of the
alienate or otherwise dispose of his or her exclusive
partnership in excess of the number of each kind brought
property, without the consent of the other spouse, and
to the marriage by either spouse; and
appear alone in court to litigate with regard to the same.
(n) (7) Those which are acquired by chance, such as winnings
from gambling or betting. However, losses therefrom
Article 112. The alienation of any exclusive property of a
shall be borne exclusively by the loser-spouse. (153a,
spouse administered by the other automatically terminates
154a, 155, 159)
the administration over such property and the proceeds of
the alienation shall be turned over to the owner-spouse. Article 118. Property bought on installments paid partly
(n) from exclusive funds of either or both spouses and partly
from conjugal funds belongs to the buyer or buyers if full
Article 113. Property donated or left by will to the
ownership was vested before the marriage and to the
spouses, jointly and with designation of determinate
conjugal partnership if such ownership was vested during
shares, shall pertain to the donee-spouses as his or her
the marriage. In either case, any amount advanced by the
own exclusive property, and in the absence of designation,
partnership or by either or both spouses shall be
share and share alike, without prejudice to the right of
reimbursed by the owner or owners upon liquidation of
accretion when proper. (150a)
the partnership. (n)
Article 114. If the donations are onerous, the amount of
Article 119. Whenever an amount or credit payable
the charges shall be borne by the exclusive property of the
within a period of time belongs to one of the spouses, the
donee spouse, whenever they have been advanced by the
sums which may be collected during the marriage in
conjugal partnership of gains. (151a)
partial payments or by installments on the principal shall
Article 115. Retirement benefits, pensions, annuities, be the exclusive property of the spouse. However,
gratuities, usufructs and similar benefits shall be governed interests falling due during the marriage on the principal
by the rules on gratuitous or onerous acquisitions as may shall belong to the conjugal partnership. (156a, 157a)
be proper in each case. (n)
Article 120. The ownership of improvements, whether
Section 3. Conjugal Partnership Property for utility or adornment, made on the separate property of
the spouses at the expense of the partnership or through
Article 116. All property acquired during the marriage,
the acts or efforts of either or both spouses shall pertain to
whether the acquisition appears to have been made,
the conjugal partnership, or to the original owner-spouse,
contracted or registered in the name of one or both
subject to the following rules:
spouses, is presumed to be conjugal unless the contrary is
proved. (160a) When the cost of the improvement made by the conjugal
partnership and any resulting increase in value are more
Article 117. The following are conjugal partnership
than the value of the property at the time of the
properties:
improvement, the entire property of one of the spouses
shall belong to the conjugal partnership, subject to for the unpaid balance with their separate properties.
reimbursement of the value of the property of the owner- (161a)
spouse at the time of the improvement; otherwise, said
Article 122. The payment of personal debts contracted by
property shall be retained in ownership by the owner-
the husband or the wife before or during the marriage shall
spouse, likewise subject to reimbursement of the cost of
not be charged to the conjugal properties partnership
the improvement.
except insofar as they redounded to the benefit of the
In either case, the ownership of the entire property shall family.
be vested upon the reimbursement, which shall be made
Neither shall the fines and pecuniary indemnities imposed
at the time of the liquidation of the conjugal partnership.
upon them be charged to the partnership.
(158a)
However, the payment of personal debts contracted by
Section 4. Charges Upon and Obligations of the
either spouse before the marriage, that of fines and
Conjugal Partnership
indemnities imposed upon them, as well as the support of
Article 121. The conjugal partnership shall be liable for: illegitimate children of either spouse, may be enforced
against the partnership assets after the responsibilities
(1) The support of the spouse, their common children, and
enumerated in the preceding Article have been covered, if
the legitimate children of either spouse; however, the
the spouse who is bound should have no exclusive
support of illegitimate children shall be governed by the
property or if it should be insufficient; but at the time of
provisions of this Code on Support;
the liquidation of the partnership, such spouse shall be
(2) All debts and obligations contracted during the charged for what has been paid for the purpose above-
marriage by the designated administrator-spouse for the mentioned. (163a)
benefit of the conjugal partnership of gains, or by both
Article 123. Whatever may be lost during the marriage in
spouses or by one of them with the consent of the other;
any game of chance or in betting, sweepstakes, or any
(3) Debts and obligations contracted by either spouse other kind of gambling whether permitted or prohibited
without the consent of the other to the extent that the by law, shall be borne by the loser and shall not be charged
family may have benefited; to the conjugal partnership but any winnings therefrom
shall form part of the conjugal partnership property.
(4) All taxes, liens, charges, and expenses, including (164a)
major or minor repairs upon the conjugal partnership
property; Section 5. Administration of the Conjugal
Partnership Property
(5) All taxes and expenses for mere preservation made
during the marriage upon the separate property of either Article 124. The administration and enjoyment of the
spouse; conjugal partnership shall belong to both spouses jointly.
In case of disagreement, the husband's decision shall
(6) Expenses to enable either spouse to commence or prevail, subject to recourse to the court by the wife for
complete a professional, vocational, or other activity for proper remedy, which must be availed of within five years
self-improvement; from the date of the contract implementing such decision.
(7) Antenuptial debts of either spouse insofar as they have In the event that one spouse is incapacitated or otherwise
redounded to the benefit of the family; unable to participate in the administration of the conjugal
(8) The value of what is donated or promised by both properties, the other spouse may assume sole powers of
spouses in favor of their common legitimate children for administration. These powers do not include disposition
the exclusive purpose of commencing or completing a or encumbrance without authority of the court or the
professional or vocational course or other activity for self- written consent of the other spouse. In the absence of such
improvement; and authority or consent, the disposition or encumbrance shall
be void. However, the transaction shall be construed as a
(9) Expenses of litigation between the spouses unless the continuing offer on the part of the consenting spouse and
suit is found to groundless. the third person, and may be perfected as a binding
contract upon the acceptance by the other spouse or
If the conjugal partnership is insufficient to cover the
authorization by the court before the offer is withdrawn
foregoing liabilities, the spouses shall be solidarily liable
by either or both offerors. (165a)
Article 125. Neither spouse may donate any conjugal whereabouts shall be prima facie presumed to have no
partnership property without the consent of the other. intention of returning to the conjugal dwelling. (167a,
However, either spouse may, without the consent of the 191a)
other, make moderate donations from the conjugal
Section 7. Liquidation of the Conjugal Partnership
partnership property for charity or on occasions of family
Assets and Liabilities
rejoicing or family distress. (174a)
Article 129. Upon the dissolution of the conjugal
Section 6. Dissolution of Conjugal Partnership
partnership regime, the following procedure shall apply:
Regime
(1) An inventory shall be prepared, listing separately all
Article 126. The conjugal partnership terminates:
the properties of the conjugal partnership and the
(1) Upon the death of either spouse; exclusive properties of each spouse.
(2) When there is a decree of legal separation; (2) Amounts advanced by the conjugal partnership in
payment of personal debts and obligations of either
(3) When the marriage is annulled or declared void; or
spouse shall be credited to the conjugal partnership as an
(4) In case of judicial separation of property during the asset thereof.
marriage under Articles 134 to 138 (175a)
(3) Each spouse shall be reimbursed for the use of his or
Article 127. The separation in fact between husband and her exclusive funds in the acquisition of property or for
wife shall not affect the regime of conjugal partnership, the value of his or her exclusive property, the ownership
except that: of which has been vested by law in the conjugal
partnership.
(1) The spouse who leaves the conjugal home or refuses
to live therein, without just cause, shall not have the right (4) The debts and obligations of the conjugal partnership
to be supported; shall be paid out of the conjugal assets. In case of
insufficiency of said assets, the spouses shall be solidarily
(2) When the consent of one spouse to any transaction of liable for the unpaid balance with their separate
the other is required by law, judicial authorization shall be properties, in accordance with the provisions of paragraph
obtained in a summary proceeding; (2) of Article 121.
(3) In the absence of sufficient conjugal partnership (5) Whatever remains of the exclusive properties of the
property, the separate property of both spouses shall be spouses shall thereafter be delivered to each of them.
solidarily liable for the support of the family. The spouse
present shall, upon petition in a summary proceeding, be (6) Unless the owner had been indemnified from whatever
given judicial authority to administer or encumber any source, the loss or deterioration of movables used for the
specific separate property of the other spouse and use the benefit of the family, belonging to either spouse, even due
fruits or proceeds thereof to satisfy the latter's share. to fortuitous event, shall be paid to said spouse from the
(178a) conjugal funds, if any.

Article 128. If a spouse without just cause abandons the (7) The net remainder of the conjugal partnership
other or fails to comply with his or her obligation to the properties shall constitute the profits, which shall be
family, the aggrieved spouse may petition the court for divided equally between husband and wife, unless a
receivership, for judicial separation of property, or for different proportion or division was agreed upon in the
authority to be the sole administrator of the conjugal marriage settlements or unless there has been a voluntary
partnership property, subject to such precautionary waiver or forfeiture of such share as provided in this
conditions as the court may impose. Code.

The obligations to the family mentioned in the preceding (8) The presumptive legitimes of the common children
paragraph refer to marital, parental or property relations. shall be delivered upon the partition in accordance with
Article 51.
A spouse is deemed to have abandoned the other when he
or she has left the conjugal dwelling without intention of (9) In the partition of the properties, the conjugal dwelling
returning. The spouse who has left the conjugal dwelling and the lot on which it is situated shall, unless otherwise
for a period of three months or has failed within the same agreed upon by the parties, be adjudicated to the spouse
period to give any information as to his or her with whom the majority of the common children choose
to remain. Children below the age of seven years are between spouses during the marriage shall not take place
deemed to have chosen the mother, unless the court has except by judicial order. Such judicial separation of
decided otherwise. In case there is no such majority, the property may either be voluntary or for sufficient cause.
court shall decide, taking into consideration the best (190a)
interests of said children. (181a, 182a, 183a, 184a, 185a)
Article 135. Any of the following shall be considered
Article 130. Upon the termination of the marriage by sufficient cause for judicial separation of property:
death, the conjugal partnership property shall be
(1) That the spouse of the petitioner has been sentenced to
liquidated in the same proceeding for the settlement of the
a penalty which carries with it civil interdiction;
estate of the deceased.
(2) That the spouse of the petitioner has been judicially
If no judicial settlement proceeding is instituted, the
declared an absentee;
surviving spouse shall liquidate the conjugal partnership
property either judicially or extra-judicially within six (3) That loss of parental authority of the spouse of
months from the death of the deceased spouse. If upon the petitioner has been decreed by the court;
lapse of the six-month period no liquidation is made, any
disposition or encumbrance involving the conjugal (4) That the spouse of the petitioner has abandoned the
partnership property of the terminated marriage shall be latter or failed to comply with his or her obligations to the
void. family as provided for in Article 101;

Should the surviving spouse contract a subsequent (5) That the spouse granted the power of administration in
marriage without compliance with the foregoing the marriage settlements has abused that power; and
requirements, a mandatory regime of complete separation (6) That at the time of the petition, the spouses have been
of property shall govern the property relations of the separated in fact for at least one year and reconciliation is
subsequent marriage. (n) highly improbable.
Article 131. Whenever the liquidation of the conjugal In the cases provided for in Numbers (1), (2) and (3), the
partnership properties of two or more marriages presentation of the final judgment against the guilty or
contracted by the same person before the effectivity of absent spouse shall be enough basis for the grant of the
this Code is carried out simultaneously, the respective decree of judicial separation of property. (191a)
capital, fruits and income of each partnership shall be
determined upon such proof as may be considered Article 136. The spouses may jointly file a verified
according to the rules of evidence. In case of doubt as to petition with the court for the voluntary dissolution of the
which partnership the existing properties belong, the same absolute community or the conjugal partnership of gains,
shall be divided between the different partnerships in and for the separation of their common properties.
proportion to the capital and duration of each. (189a)
All creditors of the absolute community or of the conjugal
Article 132. The Rules of Court on the administration of partnership of gains, as well as the personal creditors of
estates of deceased persons shall be observed in the the spouse, shall be listed in the petition and notified of
appraisal and sale of property of the conjugal partnership, the filing thereof. The court shall take measures to protect
and other matters which are not expressly determined in the creditors and other persons with pecuniary interest.
this Chapter. (187a) (191a)

Article 133. From the common mass of property support Article 137. Once the separation of property has been
shall be given to the surviving spouse and to the children decreed, the absolute community or the conjugal
during the liquidation of the inventoried property and partnership of gains shall be liquidated in conformity with
until what belongs to them is delivered; but from this shall this Code.
be deducted that amount received for support which
During the pendency of the proceedings for separation of
exceeds the fruits or rents pertaining to them. (188a)
property, the absolute community or the conjugal
Chapter 5. Separation of Property of the Spouses and partnership shall pay for the support of the spouses and
Administration of Common Property by One Spouse their children. (192a)
During the Marriage
Article 138. After dissolution of the absolute community
Article 134. In the absence of an express declaration in or of the conjugal partnership, the provisions on complete
the marriage settlements, the separation of property separation of property shall apply. (191a)
Article 139. The petition for separation of property and If the other spouse is not qualified by reason of
the final judgment granting the same shall be recorded in incompetence, conflict of interest, or any other just cause,
the proper local civil registries and registries of property. the court shall appoint a suitable person to be the
(193a) administrator. (n)
Article 140. The separation of property shall not Chapter 6. Regime of Separation of Property
prejudice the rights previously acquired by creditors.
Article 143. Should the future spouses agree in the
(194a)
marriage settlements that their property relations during
Article 141. The spouses may, in the same proceedings marriage shall be governed by the regime of separation of
where separation of property was decreed, file a motion property, the provisions of this Chapter shall be
in court for a decree reviving the property regime that suppletory. (212a)
existed between them before the separation of property in
Article 144. Separation of property may refer to present
any of the following instances:
or future property or both. It may be total or partial. In the
(1) When the civil interdiction terminates; latter case, the property not agreed upon as separate shall
pertain to the absolute community. (213a)
(2) When the absentee spouse reappears;
Article 145. Each spouse shall own, dispose of, possess,
(3) When the court, being satisfied that the spouse granted
administer and enjoy his or her own separate estate,
the power of administration in the marriage settlements
without need of the consent of the other. To each spouse
will not again abuse that power, authorizes the resumption
shall belong all earnings from his or her profession,
of said administration;
business or industry and all fruits, natural, industrial or
(4) When the spouse who has left the conjugal home civil, due or received during the marriage from his or her
without a decree of legal separation resumes common life separate property. (214a)
with the other;
Article 146. Both spouses shall bear the family expenses
(5) When parental authority is judicially restored to the in proportion to their income, or, in case of insufficiency
spouse previously deprived thereof; or default thereof, to the current market value of their
separate properties.
(6) When the spouses who have separated in fact for at
least one year, reconcile and resume common life; or The liabilities of the spouses to creditors for family
expenses shall, however, be solidary. (215a)
(7) When after voluntary dissolution of the absolute
community of property or conjugal partnership has been Chapter 7. Property Regime of Unions Without
judicially decreed upon the joint petition of the spouses, Marriage
they agree to the revival of the former property regime.
Article 147. When a man and a woman who are
No voluntary separation of property may thereafter be
capacitated to marry each other, live exclusively with each
granted.
other as husband and wife without the benefit of marriage
The revival of the former property regime shall be or under a void marriage, their wages and salaries shall be
governed by Article 67. (195a) owned by them in equal shares and the property acquired
by both of them through their work or industry shall be
Article 142. The administration of all classes of exclusive governed by the rules on co-ownership.
property of either spouse may be transferred by the court
to the other spouse: In the absence of proof to the contrary, properties acquired
while they lived together shall be presumed to have been
(1) When one spouse becomes the guardian of the other; obtained by their joint efforts, work or industry, and shall
(2) When one spouse is judicially declared an absentee; be owned by them in equal shares. For purposes of this
Article, a party who did not participate in the acquisition
(3) When one spouse is sentenced to a penalty which by the other party of any property shall be deemed to have
carries with it civil interdiction; or contributed jointly in the acquisition thereof if the
former's efforts consisted in the care and maintenance of
(4) When one spouse becomes a fugitive from justice or
the family and of the household.
is in hiding as an accused in a criminal case.
Neither party can encumber or dispose by acts inter vivos (3) Among brothers and sisters, whether of the full or
of his or her share in the property acquired during halfblood. (217a)
cohabitation and owned in common, without the consent
Article 151. No suit between members of the same family
of the other, until after the termination of their
shall prosper unless it should appear from the verified
cohabitation.
complaint or petition that earnest efforts toward a
When only one of the parties to a void marriage is in good compromise have been made, but that the same have
faith, the share of the party in bad faith in the co- failed. If it is shown that no such efforts were in fact made,
ownership shall be forfeited in favor of their common the same case must be dismissed.
children. In case of default of or waiver by any or all of
This rules shall not apply to cases which may not be the
the common children or their descendants, each vacant
subject of compromise under the Civil Code. (222a)
share shall belong to the respective surviving
descendants. In the absence of descendants, such share Chapter 2. The Family Home
shall belong to the innocent party. In all cases, the
forfeiture shall take place upon termination of the Article 152. The family home, constituted jointly by the
cohabitation. (144a) husband and the wife or by an unmarried head of a family,
is the dwelling house where they and their family reside,
Article 148. In cases of cohabitation not falling under the and the land on which it is situated. (223a)
preceding Article, only the properties acquired by both of
the parties through their actual joint contribution of Article 153. The family home is deemed constituted on a
money, property, or industry shall be owned by them in house and lot from the time it is occupied as a family
common in proportion to their respective contributions. In residence. From the time of its constitution and so long as
the absence of proof to the contrary, their contributions any of its beneficiaries actually resides therein, the family
and corresponding shares are presumed to be equal. The home continues to be such and is exempt from execution,
same rule and presumption shall apply to joint deposits of forced sale or attachment except as hereinafter provided
money and evidences of credit. and to the extent of the value allowed by law. (223a)

If one of the parties is validly married to another, his or Article 154. The beneficiaries of a family home are:
her share in the co-ownership shall accrue to the absolute (1) The husband and wife, or an unmarried person who is
community or conjugal partnership existing in such valid the head of a family; and
marriage. If the party who acted in bad faith is not validly
married to another, his or her shall be forfeited in the (2) Their parents, ascendants, descendants, brothers and
manner provided in the last paragraph of the preceding sisters, whether the relationship be legitimate or
Article. illegitimate, who are living in the family home and who
depend upon the head of the family for legal support.
The foregoing rules on forfeiture shall likewise apply (226a)
even if both parties are in both faith. (144a)
Article 155. The family home shall be exempt from
TITLE V execution, forced sale or attachment except:
THE FAMILY
(1) For nonpayment of taxes;
Chapter 1. The Family as an Institution
(2) For debts incurred prior to the constitution of the
Article 149. The family, being the foundation of the family home;
nation, is a basic social institution which public policy
(3) For debts secured by mortgages on the premises before
cherishes and protects. Consequently, family relations are
or after such constitution; and
governed by law and no custom, practice or agreement
destructive of the family shall be recognized or given (4) For debts due to laborers, mechanics, architects,
effect. (216a, 218a) builders, materialmen and others who have rendered
service or furnished material for the construction of the
Article 50. Family relations include those:
building. (243a)
(1) Between husband and wife;
Article 156. The family home must be part of the
(2) Between parents and children; 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 At the execution sale, no bid below the value allowed for
unmarried head of a family on his or her own property. a family home shall be considered. The proceeds shall be
applied first to the amount mentioned in Article 157, and
Nevertheless, property that is the subject of a conditional
then to the liabilities under the judgment and the costs.
sale on installments where ownership is reserved by the
The excess, if any, shall be delivered to the judgment
vendor only to guarantee payment of the purchase price
debtor. (247a, 248a)
may be constituted as a family home. (227a, 228a)
Article 161. For purposes of availing of the benefits of a
Article 157. The actual value of the family home shall not
family home as provided for in this Chapter, a person may
exceed, at the time of its constitution, the amount of the
constitute, or be the beneficiary of, only one family home.
three hundred thousand pesos in urban areas, and two
(n)
hundred thousand pesos in rural areas, or such amounts as
may hereafter be fixed by law. Article 162. The provisions in this Chapter shall also
govern existing family residences insofar as said
In any event, if the value of the currency changes after the
provisions are applicable. (n)
adoption of this Code, the value most favorable for the
constitution of a family home shall be the basis of TITLE VI
evaluation. PATERNITY AND FILIATION
For purposes of this Article, urban areas are deemed to
Chapter 1. Legitimate Children
include chartered cities and municipalities whose annual
income at least equals that legally required for chartered Article 163. The filiation of children may be by nature or
cities. All others are deemed to be rural areas. (231a) by adoption. Natural filiation may be legitimate or
illegitimate. (n)
Article 158. The family home may be sold, alienated,
donated, assigned or encumbered by the owner or owners Article 164. Children conceived or born during the
thereof with the written consent of the person constituting marriage of the parents are legitimate.
the same, the latter's spouse, and a majority of the
Children conceived as a result of artificial insemination of
beneficiaries of legal age. In case of conflict, the court
the wife with the sperm of the husband or that of a donor
shall decide. (235a)
or both are likewise legitimate children of the husband
Article 159. The family home shall continue despite the and his wife, provided, that both of them authorized or
death of one or both spouses or of the unmarried head of ratified such insemination in a written instrument
the family for a period of ten years or for as long as there executed and signed by them before the birth of the child.
is a minor beneficiary, and the heirs cannot partition the The instrument shall be recorded in the civil registry
same unless the court finds compelling reasons therefor. together with the birth certificate of the child. (55a, 258a)
This rule shall apply regardless of whoever owns the
Article 165. Children conceived and born outside a valid
property or constituted the family home. (238a)
marriage are illegitimate, unless otherwise provided in
Article 160. When a creditor whose claims is not among this Code. (n)
those mentioned in Article 155 obtains a judgment in his
Article 166. Legitimacy of a child may be impugned only
favor, and he has reasonable grounds to believe that the
on the following grounds:
family home is actually worth more than the maximum
amount fixed in Article 157, he may apply to the court (1) That it was physically impossible for the husband to
which rendered the judgment for an order directing the have sexual intercourse with his wife within the first 120
sale of the property under execution. The court shall so days of the 300 days which immediately preceded the
order if it finds that the actual value of the family home birth of the child because of:
exceeds the maximum amount allowed by law as of the
time of its constitution. If the increased actual value (a) the physical incapacity of the husband to have sexual
exceeds the maximum allowed in Article 157 and results intercourse with his wife;
from subsequent voluntary improvements introduced by (b) the fact that the husband and wife were living
the person or persons constituting the family home, by the separately in such a way that sexual intercourse was not
owner or owners of the property, or by any of the possible; or
beneficiaries, the same rule and procedure shall apply.
(c) serious illness of the husband, which absolutely Article 171. The heirs of the husband may impugn the
prevented sexual intercourse; filiation of the child within the period prescribed in the
preceding article only in the following cases:
(2) That it is proved that for biological or other scientific
reasons, the child could not have been that of the husband, (1) If the husband should died before the expiration of the
except in the instance provided in the second paragraph of period fixed for bringing his action;
Article 164; or
(2) If he should die after the filing of the complaint
(3) That in case of children conceived through artificial without having desisted therefrom; or
insemination, the written authorization or ratification of
(3) If the child was born after the death of the husband.
either parent was obtained through mistake, fraud,
(262a)
violence, intimidation, or undue influence. (255a)
Chapter 2. Proof of Filiation
Article 167. The child shall be considered legitimate
although the mother may have declared against its Article 172. The filiation of legitimate children is
legitimacy or may have been sentenced as an adulteress. established by any of the following:
(256a)
(1) The record of birth appearing in the civil register or a
Article 168. If the marriage is terminated and the mother final judgment; or
contracted another marriage within three hundred days
after such termination of the former marriage, these rules (2) An admission of legitimate filiation in a public
shall govern in the absence of proof to the contrary: document or a private handwritten instrument and signed
by the parent concerned.
(1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to In the absence of the foregoing evidence, the legitimate
have been conceived during the former marriage, filiation shall be proved by:
provided it be born within three hundred days after the (1) The open and continuous possession of the status of a
termination of the former marriage; legitimate child; or
(2) A child born after one hundred eighty days following (2) Any other means allowed by the Rules of Court and
the celebration of the subsequent marriage is considered special laws. (265a, 266a, 267a)
to have been conceived during such marriage, even
though it be born within the three hundred days after the Article 173. The action to claim legitimacy may be
termination of the former marriage. (259a) brought by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during
Article 169. The legitimacy or illegitimacy of a child minority or in a state of insanity. In these cases, the heirs
born after three hundred days following the termination of shall have a period of five years within which to institute
the marriage shall be proved by whoever alleges such the action.
legitimacy or illegitimacy. (261a)
Article 174. Legitimate children shall have the right:
Article 170. The action to impugn the legitimacy of the
child shall be brought within one year from the knowledge (1) To bear the surnames of the father and the mother, in
of the birth or its recording in the civil register, if the conformity with the provisions of the Civil Code on
husband or, in a proper case, any of his heirs, should reside Surnames;
in the city or municipality where the birth took place or
(2) To receive support from their parents, their ascendants,
was recorded.
and in proper cases, their brothers and sisters, in
If the husband or, in his default, all of his heirs do not conformity with the provisions of this Code on Support;
reside at the place of birth as defined in the first paragraph and
or where it was recorded, the period shall be two years if
(3) To be entitled to the legitimate and other successional
they should reside in the Philippines; and three years if
rights granted to them by the Civil Code. (264a)
abroad. If the birth of the child has been concealed from
or was unknown to the husband or his heirs, the period Chapter 3. Illegitimate Children
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. (263a)
Article 175. Illegitimate children may establish their In addition, the adopter must be at least sixteen years older
illegitimate filiation in the same way and on the same than the person to be adopted, unless the adopter is the
evidence as legitimate children. parent by nature of the adopted, or is the spouse of the
legitimate parent of the person to be adopted. (27a, EO 91
The action must be brought within the same period
and PD 603)
specified in Article 173, except when the action is based
on the second paragraph of Article 172, in which case the Article 184. The following persons may not adopt:
action may be brought during the lifetime of the alleged
(1) The guardian with respect to the ward prior to the
parent. (289a)
approval of the final accounts rendered upon the
Article 176. Illegitimate children shall use the surname termination of their guardianship relation;
and shall be under the parental authority of their mother,
(2) Any person who has been convicted of a crime
and shall be entitled to support in conformity with this
involving moral turpitude;
Code. The legitime of each illegitimate child shall consist
of one-half of the legitime of a legitimate child. Except (3) An alien, except:
for this modification, all other provisions in the Civil
Code governing successional rights shall remain in force. (a) A former Filipino citizen who seeks to adopt a relative
(287a) by consanguinity;

Chapter 4. Legitimated Children (b) One who seeks to adopt the legitimate child of his or
her Filipino spouse; or
Article 177. Only children conceived and born outside of
wedlock of parents who, at the time of the conception of (c) One who is married to a Filipino citizen and seeks to
the former, were not disqualified by any impediment to adopt jointly with his or her spouse a relative by
marry each other may be legitimated. (269a) consanguinity of the latter.

Article 178. Legitimation shall take place by a Aliens not included in the foregoing exceptions may
subsequent valid marriage between parents. The adopt Filipino children in accordance with the rules on
annulment of a viodable marriage shall not affect the inter-country adoptions as may be provided by law. (28a,
legitimation. (270a) EO 91 and PD 603)

Article 179. Legitimated children shall enjoy the same Article 185. Husband and wife must jointly adopt, except
rights as legitimate children. (272a) in the following cases:

Article 180. The effects of legitimation shall retroact to (1) When one spouse seeks to adopt his own illegitimate
the time of the child's birth. (273a) child; or

Article 181. The legitimation of children who died before (2) When one spouse seeks to adopt the legitimate child
the celebration of the marriage shall benefit their of the other. (29a, EO 91 and PD 603)
descendants. (274) Article 186. In case husband and wife jointly adopt or one
Article 182. Legitimation may be impugned only by spouse adopts the legitimate child of the other, joint
those who are prejudiced in their rights, within five years parental authority shall be exercised by the spouses in
from the time their cause of action accrues. (275a) accordance with this Code. (29a, EO and PD 603)

TITLE VII Article 187. The following may not be adopted:

ADOPTION (1) A person of legal age, unless he or she is a child by
Article 183. A person of age and in possession of full civil nature of the adopter or his or her spouse, or, prior to the
capacity and legal rights may adopt, provided he is in a adoption, said person has been consistently considered
position to support and care for his children, legitimate or and treated by the adopter as his or her own child during
illegitimate, in keeping with the means of the family. minority.

Only minors may be adopted, except in the cases when (2) An alien with whose government the Republic of the
the adoption of a person of majority age is allowed in this Philippines has no diplomatic relations; and
Title.
(3) A person who has already been adopted unless such (4) When the adopters concur with the illegitimate
adoption has been previously revoked or rescinded. (30a, children and the surviving spouse of the adopted, they
EO 91 and PD 603) shall divide the entire estate in equal shares, one-third to
be inherited by the illegitimate children, one-third by the
Article 188. The written consent of the following to the
surviving spouse, and one-third by the adopters;
adoption shall be necessary:
(5) When only the adopters survive, they shall inherit the
(1) The person to be adopted, if ten years of age or over,
entire estate; and
(2) The parents by nature of the child, the legal guardian,
(6) When only collateral blood relatives of the adopted
or the proper government instrumentality;
survive, then the ordinary rules of legal or intestate
(3) The legitimate and adopted children, ten years of age succession shall apply. (39(4)a, PD 603)
or over, of the adopting parent or parents;
Article 191. If the adopted is a minor or otherwise
(4) The illegitimate children, ten years of age or over, of incapacitated, the adoption may be judicially rescinded
the adopting parent, if living with said parent and the upon petition of any person authorized by the court or
latter's spouse, if any; and proper government instrumental acting on his behalf, on
the same grounds prescribed for loss or suspension of
(5) The spouse, if any, of the person adopting or to be parental authority. If the adopted is at least eighteen years
adopted. (31a, EO 91 and PD 603) of age, he may petition for judicial rescission of the
Article 189. Adoption shall have the following effects: adoption on the same grounds prescribed for disinheriting
an ascendant. (40a, PD 603)
(1) For civil purposes, the adopted shall be deemed to be
a legitimate child of the adopters and both shall acquire Article 192. The adopters may petition the court for the
the reciprocal rights and obligations arising from the judicial rescission of the adoption in any of the following
relationship of parent and child, including the right of the cases:
adopted to use the surname of the adopters; (1) If the adopted has committed any act constituting
(2) The parental authority of the parents by nature over ground for disinheriting a descendant; or
the adopted shall terminate and be vested in the adopters, (2) When the adopted has abandoned the home of the
except that if the adopter is the spouse of the parent by adopters during minority for at least one year, or, by some
nature of the adopted, parental authority over the adopted other acts, has definitely repudiated the adoption. (41a,
shall be exercised jointly by both spouses; and PD 603)
(3) The adopted shall remain an intestate heir of his Article 193. If the adopted minor has not reached the age
parents and other blood relatives. (39(1)a, (3)a, PD 603) of majority at the time of the judicial rescission of the
Article 190. Legal or intestate succession to the estate of adoption, the court in the same proceeding shall reinstate
the adopted shall be governed by the following rules: the parental authority of the parents by nature, unless the
latter are disqualified or incapacitated, in which case the
(1) Legitimate and illegitimate children and descendants court shall appoint a guardian over the person and
and the surviving spouse of the adopted shall inherit from property of the minor. If the adopted person is physically
the adopted, in accordance with the ordinary rules of legal or mentally handicapped, the court shall appoint in the
or intestate succession; same proceeding a guardian over his person or property
or both.
(2) When the parents, legitimate or illegitimate, or the
legitimate ascendants of the adopted concur with the Judicial rescission of the adoption shall extinguish all
adopter, they shall divide the entire estate, one-half to be reciprocal rights and obligations between the adopters and
inherited by the parents or ascendants and the other half, the adopted arising from the relationship of parent and
by the adopters; child. The adopted shall likewise lose the right to use the
surnames of the adopters and shall resume his surname
(3) When the surviving spouse or the illegitimate children
prior to the adoption.
of the adopted concur with the adopters, they shall divide
the entire estate in equal shares, one-half to be inherited The court shall accordingly order the amendment of the
by the spouse or the illegitimate children of the adopted records in the proper registries. (42a, PD 603)
and the other half, by the adopters.
 TITLE VIII between the spouses ceases. However, in case of legal
SUPPORT separation, the court may order that the guilty spouse shall
give support to the innocent one, specifying the terms of
Article 194. Support compromises everything
such order. (292a)
indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with Article 199. Whenever two or more persons are obliged
the financial capacity of the family. to give support, the liability shall devolve upon the
following persons in the order herein provided:
The education of the person entitled to be supported
referred to in the preceding paragraph shall include his (1) The spouse;
schooling or training for some profession, trade or
(2) The descendants in the nearest degree;
vocation, even beyond the age of majority. Transportation
shall include expenses in going to and from school, or to (3) The ascendants in the nearest degree; and
and from place of work. (290a)
(4) The brothers and sisters. (294a)
Article 105. Subject to the provisions of the succeeding
articles, the following are obliged to support each other to Article 200. When the obligation to give support falls
the whole extent set forth in the preceding article: upon two or more persons, the payment of the same shall
be divided between them in proportion to the resources of
(1) The spouses; each.
(2) Legitimate ascendants and descendants; However, in case of urgent need and by special
circumstances, the judge may order only one of them to
(3) Parents and their legitimate children and the legitimate
furnish the support provisionally, without prejudice to his
and illegitimate children of the latter;
right to claim from the other obligors the share due from
(4) Parents and their illegitimate children and the them.
legitimate and illegitimate children of the latter; and
When two or more recipients at the same time claim
(5) Legitimate brothers and sisters, whether of full or half- support from one and the same person legally obliged to
blood (291a) give it, should the latter not have sufficient means to
satisfy all claims, the order established in the preceding
Article 196. Brothers and sisters not legitimately related,
article shall be followed, unless the concurrent obligees
whether of the full or half-blood, are likewise bound to
should be the spouse and a child subject to parental
support each other to the full extent set forth in Article
authority, in which case the child shall be preferred.
194, except only when the need for support of the brother
(295a)
or sister, being of age, is due to a cause imputable to the
claimant's fault or negligence. (291a) Article 201. The amount of support, in the cases referred
to in Articles 195 and 196, shall be in proportion to the
Article 197. In case of legitimate ascendants;
resources or means of the giver and to the necessities of
descendants, whether legitimate or illegitimate; and
the recipient. (296a)
brothers and sisters, whether legitimately or illegitimately
related, only the separate property of the person obliged Article 202. Support in the cases referred to in the
to give support shall be answerable provided that in case preceding article shall be reduced or increased
the obligor has no separate property, the absolute proportionately, according to the reduction or increase of
community or the conjugal partnership, if financially the necessities of the recipient and the resources or means
capable, shall advance the support, which shall be of the person obliged to furnish the same. (297a)
deducted from the share of the spouse obliged upon the
Article 203. The obligation to give support shall be
liquidation of the absolute community or of the conjugal
demandable from the time the person who has a right to
partnership. (n)
receive the same needs it for maintenance, but it shall not
Article 198. During the proceedings for legal separation be paid except from the date of judicial or extrajudicial
or for annulment of marriage, and for declaration of demand.
nullity of marriage, the spouses and their children shall be
Support pendente lite may be claimed in accordance with
supported from the properties of the absolute community
the Rules of Court.
or the conjugal partnership. After the final judgment
granting the petition, the obligation of mutual support
Payment shall be made within the first five days of each Article 210. Parental authority and responsibility may not
corresponding month or when the recipient dies, his heirs be renounced or transferred except in the cases authorized
shall not be obliged to return what he has received in by law. (313a)
advance. (298a)
Article 211. The father and the mother shall jointly
Article 204. The person obliged to give support shall exercise parental authority over the persons of their
have the option to fulfill the obligation either by paying common children. In case of disagreement, the father's
the allowance fixed, or by receiving and maintaining in decision shall prevail, unless there is a judicial order to
the family dwelling the person who has a right to receive the contrary.
support. The latter alternative cannot be availed of in case
Children shall always observe respect and reverence
there is a moral or legal obstacle thereto. (299a)
towards their parents and are obliged to obey them as long
Article 205. The right to receive support under this Title as the children are under parental authority. (311a)
as well as any money or property obtained as such support
Article 212. In case of absence or death of either parent,
shall not be levied upon on attachment or execution.
the parent present shall continue exercising parental
(302a)
authority. The remarriage of the surviving parent shall not
Article 206. When, without the knowledge of the person affect the parental authority over the children, unless the
obliged to give support, it is given by a stranger, the latter court appoints another person to be the guardian of the
shall have a right to claim the same from the former, person or property of the children. (n)
unless it appears that he gave it without intention of being
Article 213. In case of separation of the parents, parental
reimbursed. (2164a)
authority shall be exercised by the parent designated by
Article 207. When the person obliged to support another the Court. The Court shall take into account all relevant
unjustly refuses or fails to give support when urgently considerations, especially the choice of the child over
needed by the latter, any third person may furnish support seven years of age, unless the parent chosen is unfit. (n)
to the needy individual, with right of reimbursement from
No child under seven years of age shall be separated from
the person obliged to give support. This Article shall
the mother unless the court finds compelling reasons to
particularly apply when the father or mother of a child
order otherwise.
under the age of majority unjustly refuses to support or
fails to give support to the child when urgently needed. Article 214. In case of death, absence or unsuitability of
(2166a) the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several
Article 208. In case of contractual support or that given
survive, the one designated by the court, taking into
by will, the excess in amount beyond that required for
account the same consideration mentioned in the
legal support shall be subject to levy on attachment or
preceding article, shall exercise the authority. (355a)
execution.
Article 215. No descendant shall be compelled, in a
Furthermore, contractual support shall be subject to
criminal case, to testify against his parents and
adjustment whenever modification is necessary due to
grandparents, except when such testimony is
changes of circumstances manifestly beyond the
indispensable in a crime against the descendant or by one
contemplation of the parties. (n)
parent against the other. (315a)
TITLE IX
Chapter 2. Substitute and Special Parental Authority
PARENTAL AUTHORITY
Article 216. In default of parents or a judicially appointed
Chapter 1. General Provisions guardian, the following person shall exercise substitute
parental authority over the child in the order indicated:
Article 209. Pursuant to the natural right and duty of
parents over the person and property of their (1) The surviving grandparent, as provided in Art. 214;
unemancipated children, parental authority and
responsibility shall include the caring for and rearing (2) The oldest brother or sister, over twenty-one years of
them for civic consciousness and efficiency and the age, unless unfit or disqualified; and
development of their moral, mental and physical character (3) The child's actual custodian, over twenty-one years of
and well-being. (n) age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over the civic affairs, and inspire in them compliance with the
property of the child becomes necessary, the same order duties of citizenship;
of preference shall be observed. (349a, 351a, 354a)
(4) To furnish them with good and wholesome educational
Article 217. In case of foundlings, abandoned neglected materials, supervise their activities, recreation and
or abused children and other children similarly situated, association with others, protect them from bad company,
parental authority shall be entrusted in summary judicial and prevent them from acquiring habits detrimental to
proceedings to heads of children's homes, orphanages and their health, studies and morals;
similar institutions duly accredited by the proper
(5) To represent them in all matters affecting their
government agency. (314a)
interests;
Article 218. The school, its administrators and teachers,
(6) To demand from them respect and obedience;
or the individual, entity or institution engaged in child are
shall have special parental authority and responsibility (7) To impose discipline on them as may be required
over the minor child while under their supervision, under the circumstances; and
instruction or custody.
(8) To perform such other duties as are imposed by law
Authority and responsibility shall apply to all authorized upon parents and guardians. (316a)
activities whether inside or outside the premises of the
school, entity or institution. (349a) Article 221. Parents and other persons exercising parental
authority shall be civilly liable for the injuries and
Article 219. Those given the authority and responsibility damages caused by the acts or omissions of their
under the preceding Article shall be principally and unemancipated children living in their company and
solidarily liable for damages caused by the acts or under their parental authority subject to the appropriate
omissions of the unemancipated minor. The parents, defenses provided by law. (2180(2)a and (4)a )
judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily Article 222. The courts may appoint a guardian of the
liable. child's property or a guardian ad litem when the best
interests of the child so requires. (317)
The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved that Article 223. The parents or, in their absence or incapacity,
they exercised the proper diligence required under the the individual, entity or institution exercising parental
particular circumstances. authority, may petition the proper court of the place where
the child resides, for an order providing for disciplinary
All other cases not covered by this and the preceding measures over the child. The child shall be entitled to the
articles shall be governed by the provisions of the Civil assistance of counsel, either of his choice or appointed by
Code on quasi-delicts. (n) the court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
Chapter 3. Effect of Parental Authority
Upon the Persons of the Children However, if in the same proceeding the court finds the
petitioner at fault, irrespective of the merits of the petition,
Article 220. The parents and those exercising parental
or when the circumstances so warrant, the court may also
authority shall have with the respect to their
order the deprivation or suspension of parental authority
unemancipated children on wards the following rights and
or adopt such other measures as it may deem just and
duties:
proper. (318a)
(1) To keep them in their company, to support, educate
Article 224. The measures referred to in the preceding
and instruct them by right precept and good example, and
article may include the commitment of the child for not
to provide for their upbringing in keeping with their
more than thirty days in entities or institutions engaged in
means;
child care or in children's homes duly accredited by the
(2) To give them love and affection, advice and counsel, proper government agency.
companionship and understanding;
The parent exercising parental authority shall not interfere
(3) To provide them with moral and spiritual guidance, with the care of the child whenever committed but shall
inculcate in them honesty, integrity, self-discipline, self- provide for his support. Upon proper petition or at its own
reliance, industry and thrift, stimulate their interest in
instance, the court may terminate the commitment of the proceeds to the child. In any case, the proceeds thus give
child whenever just and proper. (391a) in whole or in part shall not be charged to the child's
legitime. (322a)
Chapter 4. Effect of Parental Authority
Upon the Property of the Children Chapter 5. Suspension or Termination of Parental
Authority
Article 225. The father and the mother shall jointly
exercise legal guardianship over the property of the Article 228. Parental authority terminates permanently:
unemancipated common child without the necessity of a
(1) Upon the death of the parents;
court appointment. In case of disagreement, the father's
decision shall prevail, unless there is a judicial order to (2) Upon the death of the child; or
the contrary.
(3) Upon emancipation of the child. (327a)
Where the market value of the property or the annual
income of the child exceeds P50,000, the parent Article 229. Unless subsequently revived by a final
concerned shall be required to furnish a bond in such judgment, parental authority also terminates:
amount as the court may determine, but not less than ten (1) Upon adoption of the child;
per centum (10%) of the value of the property or annual
income, to guarantee the performance of the obligations (2) Upon appointment of a general guardian;
prescribed for general guardians.
(3) Upon judicial declaration of abandonment of the child
A verified petition for approval of the bond shall be filed in a case filed for the purpose;
in the proper court of the place where the child resides, or,
(4) Upon final judgment of a competent court divesting
if the child resides in a foreign country, in the proper court
the party concerned of parental authority; or
of the place where the property or any part thereof is
situated. (5) Upon judicial declaration of absence or incapacity of
the person exercising parental authority. (327a)
The petition shall be docketed as a summary special
proceeding in which all incidents and issues regarding the Article 230. Parental authority is suspended upon
performance of the obligations referred to in the second conviction of the parent or the person exercising the same
paragraph of this Article shall be heard and resolved. of a crime which carries with it the penalty of civil
interdiction. The authority is automatically reinstated
The ordinary rules on guardianship shall be merely
upon service of the penalty or upon pardon or amnesty of
suppletory except when the child is under substitute
the offender. (330a)
parental authority, or the guardian is a stranger, or a parent
has remarried, in which case the ordinary rules on Article 231. The court in an action filed for the purpose
guardianship shall apply. (320a) in a related case may also suspend parental authority if the
parent or the person exercising the same:
Article 226. The property of the unemancipated child
earned or acquired with his work or industry or by onerous (1) Treats the child with excessive harshness or cruelty;
or gratuitous title shall belong to the child in ownership
and shall be devoted exclusively to the latter's support and (2) Gives the child corrupting orders, counsel or example;
education, unless the title or transfer provides otherwise. (3) Compels the child to beg; or
The right of the parents over the fruits and income of the (4) Subjects the child or allows him to be subjected to acts
child's property shall be limited primarily to the child's of lasciviousness.
support and secondarily to the collective daily needs of
the family. (321a, 323a) The grounds enumerated above are deemed to include
cases which have resulted from culpable negligence of the
Article 227. If the parents entrust the management or parent or the person exercising parental
administration of any of their properties to an authority. [Link]
unemancipated child, the net proceeds of such property
shall belong to the owner. The child shall be given a If the degree of seriousness so warrants, or the welfare of
reasonable monthly allowance in an amount not less than the child so demands, the court shall deprive the guilty
that which the owner would have paid if the administrator party of parental authority or adopt such other measures
were a stranger, unless the owner, grants the entire as may be proper under the circumstances.
The suspension or deprivation may be revoked and the
parental authority revived in a case filed for the purpose Chapter 1. Prefatory Provisions
or in the same proceeding if the court finds that the cause
Article 238. Until modified by the Supreme Court, the
therefor has ceased and will not be repeated. (33a)
procedural rules provided for in this Title shall apply as
Article 232. If the person exercising parental authority regards separation in fact between husband and wife,
has subjected the child or allowed him to be subjected to abandonment by one of the other, and incidents involving
sexual abuse, such person shall be permanently deprived parental authority. (n)
by the court of such authority. (n)
Chapter 2. Separation in Fact
Article 233. The person exercising substitute parental
Article 239. When a husband and wife are separated in
authority shall have the same authority over the person of
fact, or one has abandoned the other and one of them seeks
the child as the parents.
judicial authorization for a transaction where the consent
In no case shall the school administrator, teacher of of the other spouse is required by law but such consent is
individual engaged in child care exercising special withheld or cannot be obtained, a verified petition may be
parental authority inflict corporal punishment upon the filed in court alleging the foregoing facts.
child. (n)
The petition shall attach the proposed deed, if any,
TITLE X embodying the transaction, and, if none, shall describe in
EMANCIPATION AND AGE OF MAJORITY detail the said transaction and state the reason why the
required consent thereto cannot be secured. In any case,
Article 234. Emancipation takes place by the attainment
the final deed duly executed by the parties shall be
of majority. Unless otherwise provided, majority
submitted to and approved by the court. (n)
commences at the age of twenty-one years.
Article 240. Claims for damages by either spouse, except
Emancipation also takes place:
costs of the proceedings, may be litigated only in a
(1) By the marriage of the minor; or separate action. (n)

(2) By the recording in the Civil Register of an agreement Article 241. Jurisdiction over the petition shall, upon
in a public instrument executed by the parent exercising proof of notice to the other spouse, be exercised by the
parental authority and the minor at least eighteen years of proper court authorized to hear family cases, if one exists,
age. Such emancipation shall be irrevocable. (397a, 398a, or in the regional trial court or its equivalent sitting in the
400a, 401a) place where either of the spouses resides. (n)

Article 235. The provisions governing emancipation by Article 242. Upon the filing of the petition, the court shall
recorded agreement shall also apply to an orphan minor notify the other spouse, whose consent to the transaction
and the person exercising parental authority but the is required, of said petition, ordering said spouse to show
agreement must be approved by the court before it is cause why the petition should not be granted, on or before
recorded. (n) the date set in said notice for the initial conference. The
notice shall be accompanied by a copy of the petition and
Article 236. Emancipation for any cause shall terminate shall be served at the last known address of the spouse
parental authority over the person and property of the concerned. (n)
child who shall then be qualified and responsible for all
acts of civil life. (412a) Article 243. A preliminary conference shall be conducted
by the judge personally without the parties being assisted
Article 237. The annulment or declaration of nullity of by counsel. After the initial conference, if the court deems
the marriage of a minor or of the recorded agreement it useful, the parties may be assisted by counsel at the
mentioned in the foregoing. Articles 234 and 235 shall succeeding conferences and hearings. (n)
revive the parental authority over the minor but shall not
affect acts and transactions that took place prior to the Article 244. In case of non-appearance of the spouse
recording of the final judgment in the Civil Register. (n) whose consent is sought, the court shall inquire into the
reasons for his failure to appear, and shall require such
TITLE XI appearance, if possible. (n)
SUMMARY JUDICIAL PROCEEDINGS IN THE
FAMILY LAW
Article 245. If, despite all efforts, the attendance of the Article 254. If any provision of this Code is held invalid,
non-consenting spouse is not secured, the court may all the other provisions not affected thereby shall remain
proceed ex parte and render judgment as the facts and valid.
circumstances may warrant. In any case, the judge shall
Article 255. This Code shall have retroactive effect
endeavor to protect the interests of the non-appearing
insofar as it does not prejudice or impair vested or
spouse. (n)
acquired rights in accordance with the Civil Code or other
Article 246. If the petition is not resolved at the initial laws.
conference, said petition shall be decided in a summary
Article 265. This Code shall take effect one year after the
hearing on the basis of affidavits, documentary evidence
completion of its publication in a newspaper of general
or oral testimonies at the sound discretion of the court. If
circulation, as certified by the Executive Secretary, Office
testimony is needed, the court shall specify the witnesses
of the President.
to be heard and the subject-matter of their testimonies,
directing the parties to present said witnesses. (n) Done in the City of Manila, this 6th day of July, in the year
of Our Lord, nineteen hundred and eighty-seven.
Article 247. The judgment of the court shall be
immediately final and executory. (n)
Article 248. The petition for judicial authority to
administer or encumber specific separate property of the
abandoning spouse and to use the fruits or proceeds
thereof for the support of the family shall also be governed
by these rules. (n)
Chapter 3. Incidents Involving Parental Authority
Article 249. Petitions filed under Articles 223, 225 and
235 of this Code involving parental authority shall be
verified.. (n)
Article 250. Such petitions shall be verified and filed in
the proper court of the place where the child resides. (n)
Article 251. Upon the filing of the petition, the court shall
notify the parents or, in their absence or incapacity, the
individuals, entities or institutions exercising parental
authority over the child. (n)
Article 252. The rules in Chapter 2 hereof shall also
govern summary proceedings under this Chapter insofar
as they are applicable. (n)
TITLE XII
FINAL PROVISIONS
Article 253. Titles III, IV, V, VI, VIII, IX, XI, and XV of
Book 1 of Republic Act No. 386, otherwise known as the
Civil Code of the Philippines, as amended, and Articles
17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of
Presidential Decree No. 603, otherwise known as the
Child and Youth Welfare Code, as amended, and all laws,
decrees, executive orders, proclamations, rules and
regulations, or parts thereof, inconsistent herewith are
hereby repealed.