TITLE V
THE FAMILY
Chapter 1. The Family as an Institution
Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy cherishes and
protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family
shall be recognized or given effect. (216a, 218a)
Art. 50. Family relations include those:
(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of the full or half-blood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it should appear from the verified complaint or
petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such
efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. (222a)
Chapter 2. The Family Home
Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the
dwelling house where they and their family reside, and the land on which it is situated. (223a)
Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From
the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be
such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value
allowed by law. (223a)
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person who is the head of a family; and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and who depend upon the head of the family for legal support. (226a)
Art. 155. The family home shall be exempt from execution, forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such constitution; and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service
or furnished material for the construction of the building. (243a)
Art. 156. The family home must be part of the properties of the absolute community or the conjugal partnership, or of the
exclusive properties of either spouse with the latter's consent. It may also be constituted by an unmarried head of a family on
his or her own property.
Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor
only to guarantee payment of the purchase price may be constituted as a family home. (227a, 228a)
Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three
hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter
be fixed by law.
In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the
constitution of a family home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose annual income at
least equals that legally required for chartered cities. All others are deemed to be rural areas. (231a)
Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with
the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age.
In case of conflict, the court shall decide. (235a)
Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for
a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court
finds compelling reasons therefor. This rule shall apply regardless of whoever owns the property or constituted the family
home.(238a)
Art. 160. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment in his favor, and he
has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article
157, he may apply to the court which rendered the judgment for an order directing the sale of the property under execution.
The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as
of the time of its constitution. If the increased actual value exceeds the maximum allowed in Article 157 and results from
subsequent voluntary improvements introduced by the person or persons constituting the family home, by the owner or
owners of the property, or by any of the beneficiaries, the same rule and procedure shall apply.
At the execution sale, no bid below the value allowed for a family home shall be considered. The proceeds shall be applied
first to the amount mentioned in Article 157, and then to the liabilities under the judgment and the costs. The excess, if any,
shall be delivered to the judgment debtor. (247a, 248a)
Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute,
or be the beneficiary of, only one family home. (n)
Art. 162. The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable.
(n)
TITLE VI
PATERNITY AND FILIATION
Chapter 1. Legitimate Children
Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. (n)
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both
are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such
insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be
recorded in the civil registry together with the birth certificate of the child. (55a, 258a)
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. (n)
Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120
days of the 300 days which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was
not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband,
except in the instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written authorization or ratification of
either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. (255a)
Art. 167. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have
been sentenced as an adulteress. (256a)
Art. 168. If the marriage is terminated and the mother contracted another marriage within three hundred days after such
termination of the former marriage, these rules shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered
to have been conceived during the former marriage, provided it be born within three hundred days after the
termination of the former marriage;
(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered
to have been conceived during such marriage, even though it be born within the three hundred days after the
termination of the former marriage. (259a)
Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall
be proved by whoever alleges such legitimacy or illegitimacy. (261a)
Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or
its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality
where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it
was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of
the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the
discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier. (263a)
Art. 171. The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article
only in the following cases:
(1) If the husband should died before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint without having desisted therefrom; or
(3) If the child was born after the death of the husband. (262a)
Chapter 2. Proof of Filiation
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the
parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be
proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)
Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the
heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years
within which to institute the action.
Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on
Surnames;
(2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in
conformity with the provisions of this Code on Support; and
(3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (264a)
Chapter 3. Illegitimate Children
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate
children.
The action must be brought within the same period specified in Article 173, except when the action is based on the second
paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be
entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime
of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall
remain in force. (287a)
Chapter 4. Legitimated Children
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former,
were not disqualified by any impediment to marry each other may be legitimated. (269a)
Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable
marriage shall not affect the legitimation. (270a)chan robles virtual law library
Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)
Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)
Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (274)
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their
cause of action accrues. (275a)