CIVIL CODE OF THE PHILIPPINES
REPUBLIC ACT. NO. 386, AS
AMENDED
June 18, 1949 – approved by Congress
August 30, 1950 – effectivity
I. GENERAL PRINCIPLES
A. Effect and Application of Laws (Civil
Code)
WHEN LAWS TAKE EFFECT
Art. 2. Laws shall take effect after fifteen days
following the completion of their publication
either in the Official Gazette, or in a
newspaper of general circulation in the
Philippines, unless it is otherwise provided.
(As amended by E.O. No. 200)
A law may provide for its own effectivity. If
the law is silent to its on effectivity, then it
shall take effect only after fifteen (15) days
following its complete publication.
Publication Requirement
Art. 2 does not preclude the requirement of
publication in the Official Gazette even if the
law itself provides for the date of its
effectivity since the clear object of the law is
to give the general public adequate notice of
the various laws which are to regulate their
actions and conduct as citizens.
Purpose
To inform the public of the contents of the
laws.
Newspaper of General Circulation
It is enough that it is published for the
dissemination of local news and general
information, that it has a bona fide
subscription list of paying subscribers, and
that it is published at regular intervals.
“Unless It Is Otherwise Provided”
This clause refers to the date of effectivity
and not to the requirement of publication
itself.
PRESUMPTION OF KNOWLEDGE OF
LAWS
Ignorantia legis non excusat – ignorance of
law excuses no one
Ignorance of Law vs. Ignorance of Fact
While ignorance of the law is no excuse,
ignorance of fact may excuse a party from the
legal consequences of his conduct.
RETROACTIVTY OF LAWS
Lex prospicit, non respicit – the law looks
forward, not backward
Laws are generally prospective in nature
unless the contrary is expressly provided
Retroactive law
One intended to affect transactions which
occurred, or rights which accrued, before it
became operative, and which ascribes to
them effects not inherent in their nature, in
view of the law in force at the time of their
occurrence.
Exceptions:
1. If the law itself provides for
retroactivity
exceptions to the exception:
a. ex post facto law
b. impairment of contract
2. Penal laws favorable to the accused
3. If the law is procedural
4. When the law is curative
5. When the law creates new substantive
rights
6. When the law is remedial
ACTS CONTRARY TO LAW
Art. 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
validity. (4a)
Mandatory – the law commands that
something be done
Prohibitory – the law commands that
something should not be done
Permissive or directory – the law commands
what it permits to be done should be tolerated
or respected
Exceptions to Article 5
1. When the law itself authorizes its
validity although generally they
would have been void.
2. When the law makes the act valid, but
punishes the violator.
3. Where the law merely makes the act
voidable, that is, valid unless
annulled.
4. Where the law declares the act void,
but recognizes legal effects as arising
from it.
WAIVER OF RIGHTS
1. Requisites of a Valid Waiver
2. He must actually have the right which
he renounces;
3. He must have the capacity to make
the renunciation; and
4. The renunciation must be made in a
clear and unequivocal manner.
Elements of Rights
 subject
o active – one who is entitled to demand
the enforcement of the right
o passive – duty-bound to suffer its
enforcement
 object
 efficient cause
Real Right
The power belonging to a person over a
specific thing, without a passive subject
individually determined against whom such
right may be personally exercised; it is
enforceable against the whole world.
Personal Right
The power belonging to one person to
demand of another, as a definite passive
subject, the fulfillment of a prestation to give,
to do or not to do.
REPEAL OF LAWS
Ways of Repealing laws:
1. express – contained in a special
provision of a subsequent law
2. implied – the provisions of the
subsequent law are incompatible with
those of an earlier law and there is no
express repeal
Requisites of Implied Repeal
1. The laws cover the same subject
matter
2. The latter is repugnant to the earlier
JUDICIAL DECISIONS
Art. 8. Judicial decisions applying or
interpreting the laws or the Constitution shall
form a part of the legal system of the
Philippines. (n)
The judicial department has no power to
enact laws because the same is the exclusive
province of the legislative department.
Judicial decisions are evidence of what the
law means, and this is why they are part of
the legal system of the Philippines. The
interpretation placed upon the written law by
a competent court has the force of law.
Doctrine of stare decisis – when the e Court
has once laid down a principle of law as
applicable to a certain state of facts, it will
adhere to that principle and apply it to all
future cases where the facts are substantially
the same.
DUTY TO RENDER JUDGMENT
Art. 9. No judge or court shall decline to
render judgment by reason of the silence,
obscurity or insufficiency of the laws. (6)
Applicability to Criminal Prosecutions
The judge may not decline to render a
judgment. The judge must dismiss the
criminal action because of “nullum crimen,
nulla poena sine lege” (there is no crime
when there is no law punishing it).
PRESUMPTION OF APPLICABILITY
OF LAWS AND CUSTOM
Art. 10. In case of doubt in the interpretation
or application of laws, it is presumed that the
lawmaking body intended right and justice to
prevail. (n)
Dura lex, sed lex – the law may be hard but it
is the law
Art. 11. Customs which are contrary to law,
public order or public policy shall not be
countenanced. (n)
Art. 12. A custom must be proved as a fact,
according to the rules of evidence. (n)
Custom – a rule of conduct formed by
repetition of acts, uniformly observed as a
social rule, legally binding and obligatory
Requisites in Application of Customs
1. Plurality of acts, or various
resolutions of a juridical question
raised repeatedly in life;
2. Uniformity, or identity of acts or
various solutions to the juridical
question;
3. General practice by the great mass of
the social group;
4. Continued performance of these acts
for a long period of time;
5. General conviction that the practice
corresponds to a juridical necessity or
that it is obligatory; and
6. The practice must not be contrary to
law, morals or public order.
Customs are nor subject to judicial notice
because they must be proven as a fact,
according to the rules of evidence.
LEGAL PERIOD
Art. 13. When the laws speak of years,
months, days or nights, it shall be understood
that years are of three hundred sixty-five days
each; months, of thirty days; days, of twenty-
four hours; and nights from sunset to sunrise.
If months are designated by their name, they
shall be computed by the number of days
which they respectively have.
In computing a period, the first day shall be
excluded, and the last day included. (7a)
Computing Period
The first day is excluded while the last day is
included
If Last Day Falls On Saturday, Sunday or
Legal Holiday
Ordinary Contract: the agreement of the
parties prevails because obligations arising
from contracts have the force of law between
the contracting parties.
Rules of Court: if the last day of the period
falls on a Saturday, a Sunday or a legal
holiday in the place where the court sits, the
time shall not run until the next working day.
GENERAL APPLICABILITY OF
PENAL LAWS
Philippine criminal law is binding on all
persons who live or sojourn in Philippine
territory.
Exceptions:
 1. Treaty Stipulations
2. Law of Preferential Application
3. Principles of Public International
Law
NATIONALITY PRINCIPLE
Philippine laws relating to status and
condition are binding upon citizens of the
Philippines, even though living abroad.
Aliens – the national law of the alien shall
govern with respect to their legal capacity,
following the “nationality principle”
embodied in Article 15.
PRINCIPLE OF LEX REI SITAE
Real and personal properties are subject to
the law of the country in which they are
situated (first paragraph, Art. 16).
Note: the principle does not apply to the
second paragraph of Art. 16
What is applicable is the national law of the
decedent, with respect to the following
aspects of intestate or testamentary
succession:
1. the order of succession;
2. the amount of successional rights; and
3. the intrinsic validity of the provisions
of the will.
The national law of the decedent governs the
capacity of the heir to succeed.
FORMALITIESS OR EXTRINSIC
VALIDITY
Lex loci celebrationis – the forms and
solemnities of contracts, wills and other
public instruments are governed by the laws
of the country in which they are executed.
INTRINSIC VALIDITY
of contracts
lex contractus – the proper law of the contract
lex loci voluntatis – the law of the place
voluntarily agreed upon by the contracting
parties
lexx loci intentionis – the law of the place
intended by them expressly or impliedly
of wills – governed by the national law of the
decedent.
SUPPLETORY APPLICATION OF THE
CIVIL CODE
Art. 18. In matters which are governed by the
Code of Commerce and special laws, their
deficiency shall be supplied by the provisions
of this Code. (16a)
B. Human Relations (Arts. 19-22, Civil
Code)
PRINCIPLE OF ABUSE OF RIGHTS
“He who uses a right injures no one.”
Elements of Abuse of Rights
1. there is a legal right or duty;
2. which is exercised in bad faith; and
3. for the sole intent of prejudicing or
injuring another
essential: absence of good faith
CONTRA BONUS MORES
1. there is an act which is legal;
2. but which is contrary to morals, good
customs, public order, or public
policy; and
3. and it is done with intent to injure
Breach of Promise to Marry
Generally: not an actionable wrong
Exceptions:
1. If there is fraud or deceit
2. If expenses are actually incurred
Malicious Prosecution
An action for damages arising from
malicious prosecution is anchored on the
provisions of Articles 21, 2217 and 2219(8)
of the Civil Code.
Requisites of Malicious Prosecution
 1. the fact of the prosecution and the The aptitude to be the subject, active or
further fact that the defendant himself passive, of juridical relations.
was the prosecutor, and that the action
was finally terminated with an One is a person, while one has personality.
acquittal;
2. that in bringing the action the Kinds of Persons:
prosecutor acted without probable 1. Natural or physical persons – human
cause; and beings
3. that the prosecutor was actuated or 2. Juridical or artificial persons – artificial
impelled by legal malice that is beings susceptible of rights and
improper or sinister motive obligations or of being the subject of legal
relations
ACCION IN REM VERSO
An action for recovery of what has been paid JURIDICAL CAPACITY VS.
or delivered without just cause or legal CAPACITY TO ACT
ground. CAPACITY TO
JURIDICAL ACT
ACT
If a person acquires or comes into possession Static Dynamic
of something at the expense of another Aptitude to be the
without just or legal ground through an act or subject of rights Power to give life to
of performance by another or any other and obligations, the juridical acts, toe
means has the obligation to return the same. abstract possibility execute acts with
of receiving legal legal effects
Requisites of Accion in Rem Verso effects
1. that the defendant has been enriched; One, indivisible,
2. that the plaintiff has suffered a loss; irreducible and Does not exist in all
3. that the enrichment of the defendant essentially the men nor does it exist
is without just or legal ground; and same always and to the same extent
4. that the plaintiff has no other action for all men
based on contract, quasi-contract, Intelligence and
crime or quasi-delict. volition is required
and since these do
It is enough that the
II. PERSONS AND FAMILY not exist in all men
person exists, i.e., it
RELATIONS nor to the same
is inherent and
A. Persons and Personality (Civil Code) extent, the law
ineffaceable
denies capacity to
attribute
CIVIL PERSONALITY act absolutely to
Person some and limits it
Any being susceptible of rights and with regard to others
obligations or more specifically, it is every May be lost through
Lost only through
physical or moral, real or juridical and legal other means or
death
being susceptible of rights and obligations or circumstances
being the subject of legal relations. Can be limited or
Cannot be limited
restricted by certain
Personality or restricted
circumstances
RESTRICTIONS ON CAPACITY TO Art. 1. Marriage is a special contract of
ACT AND MODIFACATIONS ON permanent union between a man and a
CAPACITY TO ACT woman entered into in accordance with the
RESTRICTIONS MODIFACATIONS law for the establishment of conjugal and
ON CAPACITY ON CAPACITY TO family life. It is the foundation of the family
TO ACT ACT and an inviolable social institution whose
(Article 38) (Article 39) nature, consequences, and incidents are
1. Minority 1. Age governed by law and not subject to
2. Insanity or 2. Insanity stipulation, except that marriage settlements
imbecility 3. Imbecility may fix the property relations during the
3. Deaf-mute 4. Deaf-mute marriage within the limits provided by this
4. Prodigality 5. Penalty Code. (52a)
5. Civil 6. Prodigality
interdiction 7. Family relations Mail-order bride – unlawful
8. Alienage
9. Absence Trafficking in women – unlawful
10. Insolvency
11. Trusteeship Marriage between rapist and raped victim –
12. Incompetent valid
(persons suffering
the penalty of civil Marriage as a Status
interdiction or who Marriage creates a social status or relation
are hospitalized between the contracting parties, in which not
lepers, prodigals, only they but the State as well are interested,
deaf and dumb who and involves a personal union of those
are unable to read participating in it of a character unknown to
and write, those who any other human relations, and having more
are of unsound mind, to do with the morals and civilization of a
even though they people than any other institution.
have lucid intervals,
and persons not ESSENTIAL REQUISITES OF
being of unsound MARRIAGE
mind, but by reason 1. Legal capacity of the contracting
of age, disease, weak parties who must be a male and a
mind, and other female; and
similar causes, Exception: Republic v. Cagandahan,
cannot, without G.R. No. 166676, where the
outside aid, take care respondent was found out to have
of themselves and Congenital Adrenal Hyperplasia
manage their (CAH) which is a condition where the
property, becoming person afflicted has both male and
thereby an easy prey female characteristics and organs and
for deceit and where, through expert evidence, it
exploitation) (Rule was shown that the respondent,
92, Rules of Court) though genetically a female, secreted
male hormones and not female
B. Marriage (Family Code)
 hormones, had no breast, and did not
have any monthly menstrual period
and where the respondent, in his mind
and emotion, felt like a male person
and did not want to have surgery, the
Supreme Court considered the person
as an “intersex individual” and
granted the preference of the person
to be considered as a male person,
thereby allowing the amendment of
the birth certificate of the person from
female to male.
2. Consent freely given in the presence
of the solemnizing officer.
FORMAL REQUISITIES OF
MARRIAGE
1. Authority of the solemnizing officer;
2. A valid marriage license except in the
cases provided for in Chapter 2 of this
Title;
3. A marriage ceremony which takes
place with the appearance of the
contracting parties before the
solemnizing officer and their personal
declaration that they take each other
as husband and wife in the presence
of not less than two witnesses of legal
age.
EFFECT ON MARRIAGE ON
ABSENCE OR DEFECT IN
REQUIREMENTS
Absence of essential or formal requisites –
void ab initio
Defect in essential requisites – voidable
Irregularity in formal requisites – shall not
affect the validity of the marriage but the
party or parties responsible for the
irregularity shall be civilly, criminally and
administratively liable
The following are some of the irregularities
which do not affect the validity of a marriage:
1. absence of two witnesses of legal age
during the marriage ceremony
(Meister v. Moore, 96 US 76, 24 US
L. Ed. 826);
2. absence of a marriage certificate
(People v. Janssen, 54 Phil. 176);
3. marriage solemnized in a place other
than publicly in the chambers of the
judge or in open court, in church,
chapel, or temple, or in the office of
the consul-general, consul, or vice-
consul;
4. issuance of marriage license in city or
municipality not the residence of
either of the contracting parties
(Alcantara v. Alcantara, G.R. No.
167746, August 28, 2007, 531 SCRA
446);
5. unsworn application for a marriage
license;
6. failure of the contracting parties to
present original birth certificate or
baptismal certificate to the local civil
registrar who likewise failed to ask
for the same;
7. failure of the contracting parties
between the ages of eighteen and
twenty-one to exhibit consent of
parents or persons having legal
charge of them to the local civil
registrar;
8. failure of the contracting parties
between the ages of twenty-one to
twenty-five to exhibit advice of
parents to local civil registrar;
9. failure to undergo marriage
counseling;
10. failure of the local civil registrar to
post the required notices;
11. issuance of marriage license despite
absence of publication or prior to the
completion of the 10-day period for
publication (Alcantara v. Alcantara,
 G.R. No. 167746, August 28, 2007,
531 SCRA 446);
12. failure of the contracting parties to
pay the prescribed fees for the
marriage license;
13. failure of the person solemnizing the
marriage to send copies of the
marriage certificate to the local civil
registrar (Madridejos v. De Leon, 55
Phil. 1); and
14. failure of the local civil registrar to
enter the applications for marriage
licenses filed with him in the registry
book in the order in which they were
received.
AUTHORIZED SOLEMNIZERS OF
MARRIAGE
1. Judge within the court’s jurisdiction
2. Priest, rabbi, imam, or minister of any
church or religious sect
3. Ship captain and airplane chief
Requisites:
a. the marriage must be in articulo
mortis (at least one of the parties
is at the point of death);
b. the marriage must be between
passengers or crew members; and
c. generally, the ship must be at sea
or the plane must be in flight.
4. Military commander
Requisites:
a. he or she must be a military
commander of a unit;
b. he or she must be a commissioned
officer;
c. a chaplain must be assigned to
such unit;
d. the said chaplain must be absent
at the time of the marriage;
e. the marriage must be one in
articulo mortis;
f. the contracting parties, whether
members of the armed forces or
civilians, must be within the zone
of military operation.
Note: If the chaplain is present, he
must be the one who should
solemnize the marriage. The
chaplain’s authority to solemnize
proceeds from Article 7(2). Hence, if
the chaplain cannot comply with
Article 7(2), then it is as if he is absent
as he cannot solemnize a marriage, in
which case, the military commander
can solemnize the marriage.
5. Consul-general, consul, or vice
consul
Note: limited to Filipino citizens
6. Mayor
7. Good faith of parties
VENUE
Non-observance will not invalidate a
marriage but can subject the person or
persons who cause the violation to civil,
criminal, or administrative liability.
Exceptions:
1. marriages contracted in articulo
mortis
2. in a remote place in accordance with
Article 29 of the Family Code,
3. marriages where both of the parties
request a solemnizing officer in
writing (Navarro v. Domagtoy, July
19, 1996, A.M. No. MTJ 96-1088, 72
SCAD 328) in which case the
marriage may be solemnized at a
house or place designated by the
parties at a house or place designated
by them in a sworn statement to that
effect.
PLACE OF ISSUE OF MARRIAGE
LICENSE
Local civil registrar of the city or
municipality where either of them resides.
MARRIAGE APPLICATION
1. Full name of the contracting parties;
2. Place of birth;
 3. Age and date of birth;
4. Civil status;
5. If previously married, how, when and
where the previous marriage was
dissolved or annulled;
6. Present residence and citizenship;
7. Degree of relationship of the
contracting parties;
8. Full name, residence and citizenship
of the father;
9. Full name, residence and citizenship
of the mother; and
10. Full name, residence and citizenship
of the guardian or person having
charge, in case the contracting parties
has neither father nor mother and is
under the age of twenty-one years.
NO EMANCIPATION BY MARRIAGE
Emancipation is attained if the child reaches
the age of 18 years
PARENTAL CONSENT
If any of the contracting parties is at least 18
years old but above and below 21 years of
age, the consent of the father, mother,
surviving parent, or guardian, or persons
having legal charge of them, in the order
mentioned, must be obtained before a
marriage license can be issued to the
contracting parties.
PARENTAL ADVICE
If any of the contracting parties are between
21 and 25, they shall be obliged to ask their
parents or guardian for advice upon the
intended marriage.
Parental advice not given or marriage is
unfavorable – marriage license shall not be
issued till after three months following the
completion of the publication of the
application therefor.
Note: parental advice does not affect
marriage.
DUTY OF THE LOCAL CIVIL
REGISTRAR
After the marriage application has been
properly filled up and submitted to the local
civil registrar, the latter shall post a notice to
inform everybody of the impending
marriage. This notice shall be posted for ten
consecutive days on a bulletin board outside
the office of the local civil registrar located in
a conspicuous place within the building and
accessible to the general public.
The notice shall request all persons having
knowledge of any impediment to the
marriage to advise the local civil registrar
thereof.
The marriage license shall be issued after the
completion of the period of publication.
INVESTIGATIVE POWER OF LOCAL
CIVIL REGISTRAR AND COURT
INTERVENTION
In case of any impediment known to the local
civil registrar or brought to his attention, he
shall merely note down the particulars
thereof and his findings thereon in the
application for a marriage license. He is
nonetheless duty bound to issue said license
after payment of the necessary fees unless
exempted due to indigence, after the
completion of the period of publication, or
after a period of three months from the
completion of such publication in cases
where parental advice is necessary and the
same was not obtained as well as in cases
where undergoing marriage counseling is
required and a certificate to that effect was
not attached to the marriage application.
Only court intervention directing the non-
issuance of the marriage license can
empower the local civil registrar to validly
refuse to issue said license.
MARRIAGE LICENSE AND DATE OF
ISSUE
 Valid only in the Philippines
 Good for 120 days from the date of
issue
Note: The date of the signing of the local civil
registrar of the marriage license is the date of
the issue. From the date of issue, it should be
claimed by the parties. If it is not claimed and
therefore not used within 120 days, it shall
automatically become ineffective.
CERTIFICATE OR AFFIDAVIT OF
LEGAL CAPACITY
Necessary for foreign citizens to contract
marriage in the Philippines.
Reason: Foreign citizens must adhere to the
public policy in the country.
MARRIAGE CERTIFICATE
1. The full name, sex and age of each
contracting party;
2. Their citizenship, religion and
habitual residence;
3. The date and precise time of the
celebration of the marriage;
4. That the proper marriage license has
been issued according to law, except
in marriages provided for in Chapter
2 of this Title;
5. That either or both of the contracting
parties have secured the parental
consent in appropriate cases;
6. That either or both of the contracting
parties have complied with the legal
requirement regarding parental
advice in appropriate cases; and
7. That the parties have entered into a
marriage settlement, if any, attaching
a copy thereof.
DISTRIBUTION OF COPIES
In quadruplicate copies:
(a) the original copy shall be given to either
of the contracting parties;
(b) the duplicate and triplicate copies shall
then be sent to the local civil registrar of the
place where the marriage was solemnized;
and
(c) the quadruplicate copy shall be retained
by the solemnizing officer, together with the
original of the marriage license and, in proper
cases, the affidavit of the contracting party
regarding the solemnization of the marriage
in a place other than those mentioned in
Article 8.
VALIDATION PROVISION
Except for marriages prohibited under
Articles 35(1), (4), (5) and (6), 36, 37 and 38,
marriages solemnized abroad and which are
valid there as such are recognized as valid in
the Philippines.
Divorce between a Filipino Citizen and a
Foreigner
When this Court recognized a foreign divorce
decree that was initiated and obtained by the
Filipino spouse and extended its legal effects
on the issues of child custody and property
relation, it should not stop short in likewise
acknowledging that one of the usual and
necessary consequences of absolute divorce
is the right to remarry. Indeed, there is no
longer a mutual obligation to live together
and observe fidelity. When the marriage tie is
severed and ceased to exist, the civil status
and the domestic relation of the former
spouses change as both of them are freed
from the marital bond.
xxx
Paragraph 2 of Article 26 speaks of "a
divorce xx x validly obtained abroad by the
alien spouse capacitating him or her to
remarry. " Based on a clear and plain reading
of the provision, it only requires that there be
a divorce validly obtained abroad. The letter
of the law does not demand that the alien
spouse should be the one who initiated the
proceeding wherein the divorce decree was
granted. It does not distinguish whether the
Filipino spouse is the petitioner or the
respondent in the foreign divorce proceeding.
The Court is bound by the words of the
statute; neither can We put words in the
mouths of the lawmakers.
xxx
The purpose of Paragraph 2 of Article 26 is
to avoid the absurd situation where the
Filipino spouse remains married to the alien
spouse who, after a foreign divorce decree
that is effective in the country where it was
rendered, is no longer married to the Filipino
spouse. The provision is a corrective measure
to address an anomaly where the Filipino
spouse is tied to the marriage while the
foreign spouse is free to marry under the laws
of his or her country. Whether the Filipino
spouse initiated the foreign divorce
proceeding or not, a favorable decree
dissolving the marriage bond and
capacitating his or her alien spouse to
remarry will have the same result: the
Filipino spouse will effectively be without a
husband or wife. A Filipino who initiated a
foreign divorce proceeding 'is in the same
place and in like circumstance as a Filipino
who is at the receiving end of an alien
initiated proceeding. Therefore, the subject
provision should not make a distinction. In
both instance, it is extended as a means to
recognize the residual effect of the foreign
divorce decree on Filipinos whose marital
ties to their alien spouses are severed by
operation of the latter's national law
(Republic of the Philippines v. Manalo, G.R.
No. 221029, April 24, 2018).
EXEMPTION FROM MARRIAGE
LICENSE
1. Far areas
2. Solemnizing officers under Art. 7 and
the Mayor
3. Chief pilot and ship captains
4. Military commander
5. Muslim and ethnic groups
6. Cohabitation for 5 years
Requisites:
a. they must live as such for at least
five years characterized by
exclusivity and continuity that is
unbroken. (Republic v. Dayot,
G.R. No. 175581, March 28,
2008, 550 SCRA 435); and
b. they must be without any legal
impediment to marry each other.
VOID MARRIAGES
Not valid from its inception.
1. Below 18 years of age even with the
consent of guardian
2. Solemnized by any person not legally
authorized to perform marriages
except in good faith
3. No marriage license except those
enumerated in the preceding Chapter
4. Bigamous or polygamous marriages
Exception: absence of spouse (see
discussion on absence)
5. Mistaken identity
6. Subsequent marriages under Art. 53
7. Psychological incapacity, even if
such incapacity becomes manifest
only after solemnization
8. Incestuous marriages whether
legitimate or illegitimate between
ascendants or descendants of any
degree; or between brothers or sisters,
whether full or half-blood.
9. Against public policy:
a) Between collateral blood relatives,
whether legitimate or illegitimate, up
to the fourth civil degree;
b) Between step-parents and step-
children;
c) Between parents-in-law and
children-in-law;
d) Between the adopting parent and
the adopted child;
 e) Between the surviving spouse of
the adopting parents and the adopted
child;
f) Between the surviving spouse of
the adopted child and the adopter;
g) Between an adopted child and a
legitimate child of the adopter;
h) Between the adopted children of
the same adopter
i) Between parties where one, with
the intention to marry the other, killed
that other person’s spouse or his or
her own spouse.
PRESCRIPTIVE PERIOD
The time within which to file an action for the
declaration of nullity of a marriage or to
invoke such nullity as a defense, whether in a
direct or collateral manner, does not
prescribe.
JUDICIAL DECLARATION OF
NULLITY
If a marriage between two contracting parties
is void ab initio, any one of them cannot
contract a subsequent valid marriage without
a previous judicial declaration of nullity of
the previous void marriage.
EFFECT OF THE TERMINATION OF
SUBSEQUENT MARRIAGE
1. The children of the subsequent
marriage conceived prior to its
termination shall be considered
legitimate and their custody and
support in case of dispute shall be
decided by the court in a proper
proceeding;
2. The absolute community of property
or the conjugal partnership, as the
case may be, shall be dissolved and
liquidated, but if either spouse
contracted said marriage in bad faith,
his or her share of the net profits of
the community property or conjugal
partnership property shall be forfeited
in favor of the common children or, if
there are none, the children of the
guilty spouse by a previous marriage
or in default of children, the innocent
spouse;
3. Donations by reason of marriage shall
remain valid, except that if the donee
contracted the marriage in bad faith,
such donations made to said donee
are revoked by operation of law;
4. The innocent spouse may revoke the
designation of the other spouse who
acted in bad faith as a beneficiary in
any insurance policy, even if such
designation be stipulated as
irrevocable; and
5. The spouse who contracted the
subsequent marriage in bad faith shall
be disqualified to inherit from the
innocent spouse by testate and
intestate succession.
MARRIAGE CONTRACTED IN BAD
FAITH
One party – valid
Both parties – void ab initio
VOIDABLE MARRIAGE
1. No parental consent on persons at
least 18 but below 21 years of age
2. Unsound mind
3. Fraud
a. Non-disclosure of previous
conviction
b. Concealment of pregnancy by
another man other than her
husband at the time of the
marriage
c. Concealment of sexually
transmissible disease,
regardless of its nature,
existing at the time of the
marriage
d. Concealment of drug
addiction, habitual
alcoholism, or homosexuality
 or lesbianism existing at the discovery of
time of the marriage fraud
4. Vitiated consent through force, Within 5
intimidation, or undue influence years from
5. Incapacity to consummate time force,
6. Serious sexually transmitted disease Vitiated Injured intimidation,
and appears to be incurable Consent party or undue
influence
Rule on Triennial Cohabitation disappeared
If the wife remains a virgin for at least 3 years or ceased
from the time the spouses started cohabiting, Incapability Within 5
the husband must show that he was not to Injured years after
impotent during the said period and the consummate party marriage
burden will be upon him to overcome the or STD ceremony
presumption of impotence.
PROCEDURE IN ANNULMENT AND
GROUNDS, PARTIES, PRESCRIPTIVE IN DECLARATION OF NULLITY
PERIOD CASES
PARTY PRES- Governed by Supreme Court En Banc
GROUND TO FILE CRIPTION Resolution in A.M. No. 00-11-01-SC
THE SUIT PERIOD effective March 15, 2003.
Parent or
Anytime
guardian Collusion
before “no-
having Parties come up with an agreement making it
consent
Legal appear that the marriage is defective due to
party”
No parental Charge of the existence of any of the grounds for the
reaches age
consent “no-consent annulment of marriage or the declaration of
of 21
party” its nullity provided by law and agreeing to
Within 5 represent such false or non-existent cause of
“no-consent
years after action before the proper court with the
party”
attaining 21 objective of facilitating the issuance of a
Sane spouse At any time decree of annulment or nullity of marriage.
without before death
knowledge of either The prosecuting attorney or fiscal shall
of insanity party prevent collusion.
Relative,
At any time
guardian, or SUPPORT OF SPOUSES AND
before death
Insanity having legal CUSTODY OF CHILDREN
of either
charge of Governed by whatever agreement the parties
party
insane have made with respect to the same.
During lucid
Insane interval or Principally, the spouses and their children
spouse after gaining shall be supported from the properties of the
sanity absolute community of property or the
Injured Within 5 conjugal partnership of gains as the case may
Fraud be during the pendency of the suit for
party years after
annulment or nullity of marriage in proper
cases.
LIQUIDATION AND PARTITION OF
PROPERTIES
The properties shall be liquidated in
accordance with the ordinary rules of co-
ownership.
the liquidation process provided under the
chapters on the absolute community of
property and the conjugal partnership of
gains will not apply in a void marriage except
in one exceptional case which is the
subsequent void marriage under Article 40 of
the Family Code. In voidable marriage, the
properties shall be liquidated in accordance
with the rules provided for under the chapters
in the absolute community of property and
the conjugal partnership of gains. If the there
were a pre-nuptial agreement providing that
separation of property regime governed the
marriage, then there is no need for liquidation
and partition (Valdez vs. RTC, 260 SCRA
221).
C. Legal Separation (Family Code)
Grounds for legal separation under Art. 55
of the Family Code:
1. Repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a child
of the petitioner;
2. Physical violence or moral pressure to
compel the petitioner to change
religious or political affiliation;
3. Attempt of respondent to corrupt or
induce the petitioner, a common
child, or a child of the petitioner, to
engage in prostitution, or connivance
in such corruption or inducement;
4. Final judgment sentencing the
respondent to imprisonment of more
than six years, even if pardoned;
5. Drug addiction or habitual alcoholism
of the respondent;
6. Lesbianism or homosexuality of the
respondent;
7. Contracting by the respondent of a
subsequent bigamous marriage,
whether in the Philippines or abroad;
8. Sexual infidelity or perversion;
9. Attempt by the respondent against the
10. life of the petitioner; or
11. Abandonment of petitioner by
respondent without justifiable cause
for more than one year.
PETITION FOR LEGAL SEPARATION
SHALL BE DENIED ON THE
FOLLOWING:
1. Condonation – act of forgiving the
offense after its commission
2. Consent
3. Connivance
4. Recrimination or equal guilt
5. Collusion
PRESCRIPTIVE PERIOD
The action must be filed 5 years from the time
of the occurrence of the cause.
PROCEDURE
Governed by Supreme Court Resolution En
Banc, A.M. No. 00-11-01-SC.
An action for legal separation shall be tried 6
months after filing the petition.
EFFECT OF LEGAL SEPARATION
1. Marriage bond is maintained but the
spouses shall be entitled to live
separately from each other;
2. Liquidation of property;
3. Custody of the minor children shall
be awarded to the innocent spouse;
4. Intestate and testate disqualification
DONATIONS
Donations and the act of the innocent party in
designating the guilty spouse as a beneficiary
in an insurance are essentially acts of
liberality and the law gives the option to the
innocent party whether or not he or she will
revoke the donation or the designation as
beneficiary of the guilty party in an
insurance.
D. Rights and Obligations between
Husband and Wife (Family Code)
DUTIES AND OBLIGATIONS
 Live together
 Observe mutual love, respect, and
fidelity
 Render mutual help and support
No Compulsion
The court cannot compel spouses to live
together and observe mutual love, respect and
fidelity.
Exception: support
Damages for Failure to Comply with
Obligations
No action for damages merely because of a
breach of marital obligation (Ty v. Court of
Appeals, G.R. No. 127406, November 27,
2000).
DOMICILE
Spouses can only have one domicile but
many residences. The domicile is the place
where the parties intend to have their
permanent residence with the intention of
always returning even if they have left it for
some time.
A spouse can validly live away or separately
from the other only if the latter should live
abroad or there are other valid and
compelling reasons for the exemption.
EXPENSES FOR SUPPORT AND
HOUSEHOLD MANAGEMENT
Spouses shall be jointly liable for the support
of the family. The spouses and their children
shall be supported from the properties of the
absolute community or the conjugal
partnership.
In the absence of the community property,
the expenses for support and other conjugal
obligations, including the expenses for the
management of the household, shall be taken
from the income or fruits of their separate
properties. In case of the insufficiency or
absence of said income or fruits, such
obligations shall be satisfied from their
separate properties.
MANAGEMENT AND RELIEF
In the event that one of the spouses neglects
his or her duties to the conjugal union or
commits acts which tend to bring danger,
dishonor or injury to the other or to the
family, the aggrieved party may apply to the
court for relief.
LEGITIMATE PROFESSION
The husband and the wife can engage in any
lawful enterprise or profession.
The law does not make it a requirement that
a spouse has to get the prior consent of the
other before entering into any legitimate
profession, occupation, business or activity.
In case of disagreement, the Court decides
whether or not:
1. The objection is proper, and
2. Benefit has accrued to the family
prior to the objection or thereafter. If
the benefit accrued prior to the
objection, the resulting obligation
shall be enforced against the separate
property of the spouse who has not
obtained consent.
E. Property Relations of the Spouses
(Family Code)

PROPERTY RELATIONS
1. Marriage settlements executed before
the marriage
2. Civil Code
3. Local customs
REGIMES
 Absolute community of property
(ACP)
 Conjugal partnership of gains (CPG)
 Complete separation of property
In the absence of marriage settlement, or
when the the regime agreed upon is void, the
system of absolute community of property
shall govern.
MODIFICATIONS IN MARRIAGE
SETTLEMENTS
1. Must be in writing
2. Signed by the parties
3. Executed before the celebration of the
marriage
4. Must not prejudice 3rd persons unless
they are registered in the local civil
registry where the marriage contract
is recorded as well as in the proper
registries of property.
WHEN THERE IS CIVIL
INTERDICTION OR DISABILITY
In case of a person upon whom a sentence of
civil interdiction has been pronounced or
who is subject to any other disability, it shall
be indispensable for the guardian, appointed
by the court, to be made a party to the written
marriage settlement.
RULES GOVERNING PROPERTY
RELATIONS
If the contracting parties are Filipinos, their
property relations will be governed by
Philippine laws in the absence of any
agreement to the contrary. This rule applies
even if they are married abroad or even if
they reside abroad.
Exceptions:
1. Both spouses are aliens;
2. With respect to the extrinsic validity
of contracts affecting property not
situated in the Philippines and
executed in the country where the
property is located; and
3. With respect to the extrinsic validity
of contracts entered into the
Philippines but affecting property
situated in a foreign country whose
laws require different formalities for
its extrinsic validity.
EFFICACY OF MARRIAGE
SETTLEMENT
The consideration of a marriage settlement is
the marriage itself. If the marriage does not
take place, the marriage settlement is
generally rendered void.
DONATION PROPTER NUPTIAS
Donation by reason of marriage. Donations
propter nuptias are without onerous
consideration, the marriage being merely the
occasion or motive for the donation, not its
“causa.” Being liberalities, they remain
subject to reduction for inofficiousness upon
the donor’s death, if they should infringe the
legitime of a forced heir (Mateo v. Lagua, 29
SCRA 864).
A donation must be made prior to the
celebration of the marriage (Garcia v. Sangil,
53 Phil. 968), in consideration of the same
and must be in favor of one or both of the
spouses.
GOVERNING RULES
Title III, Book III, Civil Code
DONATION BETWEEN FUTURE
SPOUSES
 1. there must be a valid marriage
settlement;
2. the marriage settlement must stipulate
a property regime other than the
absolute community of property;
3. the donation contained in the
marriage settlement must not be more
than one-fifth of his or her present
property;
4. the donation must be accepted by the
would-be spouse; and
5. it must comply with the requisites
established in Title III of Book III of
the Civil Code on donations.
DONATION WITH ENCUMBRANCE
Donation is an act of liberality. If the object
of the donation is subject of an encumbrance,
the donation is still valid. However, the
donee’s rights are subject to the
encumbrance.
REVOCATION OF DONATION
PROPTER NUPTIAS
1. Marriage is not celebrated or
judicially declared void ab initio
Exception: donations made in
marriage settlements;
2. No consent from parents or guardian;
3. Annulled marriage and donee acted in
bad faith;
4. Legal separation and donee being the
guilty spouse;
5. With a resolutory condition which
was complied;
6. Ingratitude of the done
7. Void donations in Art. 739 (donations
made by persons who were guilty of
adultery or concubinage at the time of
the donation)
DONATION BETWEEN SPOUSES
DURING MARRIAGE
Any form of donation is void.
Exception: moderate gifts
Reason for Prohibition: According to Justice
Puno during the deliberation on this
particular subject in the Civil Code and
Family Law Committees, the “intended
benefit does not have to be proven anymore”
(Minutes of the 164th Joint Meeting of the
Civil Code and Family Law Committees held
on November 29, 1986, page 5).
The prohibition also applies to persons living
together as husband and wife without a valid
marriage.
Indirect Donations (prohibited)
1. to a stepchild who has no compulsory
and/or legal heirs, such as his or her
children, other than the other spouse
at the time of the donation;
2. to a common child who has no
compulsory and/ or legal heirs other
than the other spouse at the time of the
donation;
3. to the parents of the other spouse;
4. to the other spouse’s adopted child
who has no compulsory and/or heirs
or, in cases when, at the time of the
donation, the only surviving relative
of the adopted is the other spouse
(parent of the adopted);
5. to a common adopted child who has
no other compulsory and/or legal
heirs.
Reason: Once they die, the spouse of the
donor will inherit from the donee.
SYSTEM OF ABSOLUTE
COMMUNITY
Absolute Community of Property
All properties owned by the contracting
parties before the marriage ceremony and
those which they may acquire thereafter shall
comprise the absolute community of property
regime. Also, in a partial separation of
property regime, the property not agreed
upon as separate shall pertain to the absolute
community
Alien Married to a Filipino
In both absolute community of property and
conjugal partnership of gains, an alien
married to a Filipino cannot have any interest
in the community or partnership property.
Commencement
At the precise moment of the celebration of
the marriage.
NON-WAIVER OF RIGHTS
If the waiver takes place without a judicial
separation of property decree, such waiver
shall be void because it is contrary to law and
public policy pursuant to Article 6 of the
Civil Code and because such waiver shall
constitute an act which is against a
prohibitory law as provided in Article 5 of the
Civil Code.
Exception: Judicial separation of property
PROVISIONS ON CO-OWNERSHIP
Applies to the ACP between spouses in all
matters not provided.
COMMUNITY PROPERTY
All the property owned by the spouses at the
time of the celebration of the marriage or
acquired thereafter.
Property acquired during the marriage is
presumed to belong to the community, unless
it is proved that it is one of those excluded
therefrom.
EXCLUSIONS
1. Marriage settlement
2. Property acquired in gratuitous title
3. Property for personal and exclusive
use
4. Property from previous marriage
LIABILITY OF ACP
1. Support of the spouses, their common
children and legitimate children of
either spouse;
2. All debts and obligations contracted
during the marriage by the designated
administrator-spouse for the benefit
of the community, or by both spouses,
or by one spouse with the consent of
the other;
3. Debts and obligations contracted by
either spouses without the consent of
the other to the extent that the family
may have been benefited;
4. All taxes, liens, charges and
expenses, including major or minor
repairs, upon the community
property;
5. All taxes and expenses for mere
preservation made during marriage
upon the separate property of either
spouse used by the family;
6. Expenses or donation for self-
improvement activities;
7. Antenuptial debts of either spouse
insofar as they have redounded to the
benefit of the family;
8. The value of what is donated or
promised by both spouses in favor of
their common legitimate children for
the exclusive purpose of commencing
or completing a professional or
vocational course or other activity for
self-improvement;
9. Antenuptial debts of either spouse
other than those falling under number
7, the support of illegitimate children
of either spouse, and liabilities
incurred by either spouse by reason of
a crime or a quasi-delict, in case of
absence or insufficiency of the
exclusive property of the debtor-
spouse, the payment of which shall be
considered as advances to be
deducted from the share of the debtor-
 spouse upon liquidation of the
community; and
10. Expenses of litigation between the
spouses unless the suit is found to be
groundless.
If the community property is insufficient to
cover the foregoing liabilities, except those
falling under number 9, the spouses shall be
solidarily liable for the unpaid balance with
their separate properties.
GAMES OF CHANCE
Losses – borne by the loser
Winnings – forms part of community
property
JOINT ADMINISTRATION AND
ENJOYMENT
The spouses are co-owners of the properties
they introduced into the marriage and those
acquired after the marriage ceremony.
Joint management or administration does not
require that the husband and the wife always
act together. Each spouse may validly
exercise full power of management alone,
subject to the intervention of the court in
proper cases.
Exceptions: those as may be excluded in the
marriage settlement and those listed under
Article 92.
DISPOSITION BY WILL
Either spouse may dispose by will of his or
her interest in the community property.
A testator can provide that certain properties
after his or her death will go to whoever he or
she wishes the property will go, provided that
the grant will not encroach on the lawful
legitimes of his compulsory heirs.
DONATION BETWEEN SPOUSES
Neither spouse may donate any community
property without the consent of the other.
Moderate donations for charity or family
rejoicing or family distress – valid even
without consent
Donations by both spouses or by one spouse
with the consent of the other will generally be
valid, subject to revocation or reduction
should such donations turn out to be
inofficious or they infringe on the legitime or
successional rights of another compulsory
heir as provided for in Articles 760 to 773 of
the Civil Code.
Reason
The prohibition against a gift or donation of
the community property by either spouse
without the consent of the other is intended to
protect the latter’s share therein from the
prodigality of a reckless or faithless spouse
(Estate of McNutt, 36 Cal App 2d 542, 98 P2d
253).
DISSOLUTION OF ABSOLUTE
COMMUNITY REGIME
1. Death of either spouse;
2. Legal separation decree;
3. Annulment decree; or
4. Nullity decree
EFFECT OF SEPARATION IN FACT
Generally: The separation in fact between
husband and wife shall not affect the regime
of absolute community.
Exception:
1. No support to be given to the spouse
who leaves the conjugal home or
refuses to live therein
2. When the consent of one spouse to
any transaction of the other is
required by law, judicial
 authorization shall be obtained in a
summary proceeding;
3. In the absence of sufficient
community property, the separate
property of both spouses shall be
solidarily liable for the support of the
family. The spouse present shall,
upon proper petition in a summary
proceeding, be given judicial
authority to administer or encumber
any specific separate property of the
other spouse and use the fruits or
proceeds thereof to satisfy the latter’s
share.
ABANDONMENT
Abandonment implies a departure by one
spouse with the avowed intent never to
return, followed by prolonged absence
without just cause, and without in the
meantime providing in the least for one’s
family although able to do so. There must be
absolute cessation of marital relations, duties,
and rights with the intention of perpetual
separation. xxx “a spouse is deemed to have
abandoned the other when he or she has left
the conjugal dwelling without any intention
of returning.”
Abandonment must not only be physical
estrangement but also amount to financial
and moral desertion (Dela Cruz v. Dela Cruz,
130 Phil. 324).
Prolonged absence: 3 months
Family Obligations
1. Marital
2. Parental
3. Property relationship
Failure to Comply to Family Obligations
If the negligence or inefficiency is not merely
isolated, but so gross that it is likewise
constantly done without any effort or only
with a token effort to improve, the reliefs
provided for in Articles 101 and 128 may be
availed of by the aggrieved spouse.
Reliefs
1. Receivership
2. Judicial separation of property
3. Authority to be the sole administrator
of the absolute community
LIQUIDATION PROCEDURE UPON
THE DISSOLUTION OF ABSOLUTE
COMMUNITY REGIME
1. Inventory – Must be itemized and
valued.
2. Payment of debts which the absolute
community property is liable must be
paid.
3. Delivery of exclusive properties of
each spouse
4. Partition of net assets – Equally
divide the net assets/net remainder of
the community property
5. Delivery of presumptive legitime – In
accordance to Art. 51 of the Family
Code, which refers to annulment or
nullity judgment
LIQUIDATION UPON DEATH
When the marriage is dissolved by the death
of the husband or wife, the community
property shall be inventoried, administered,
and liquidated, and the debts thereof paid, in
the estate or intestate proceedings of the
deceased spouse. If both spouses have died,
the conjugal partnership shall be liquidated in
the testate or intestate proceedings of either
(Section 2, Rule 73 of the Rules of Court).
However, if the decedent spouse left no will
and no debts, and the heirs are all of age, or
the minors are represented by their judicial or
legal representatives, duly authorized for the
purpose, the parties may, without securing
letters of administration from the court,
divide the estate among themselves as they
see fit by means of a public instrument filed
in the office of the register of deeds, and
should they disagree, they may do so in an
ordinary action for partition. If there is only
one heir, he may adjudicate to himself the
entire estate by means of an affidavit filed in
the office of the register of deeds (Section 1,
Rule 74 of the Rules of Court).
Prescriptive Period – 1 year
If upon the lapse of the 1-year period from the
death of one of the spouses, no liquidation is
made, any disposition or encumbrance
involving the community property of the
terminated marriage shall be void.
Claim Against the Estate
Upon the death of any of the spouses, the
absolute community of property or the
conjugal partnership of gains is dissolved or
terminated. No complaint for the collection
of indebtedness chargeable to the community
or conjugal properties can be brought against
the surviving spouse (Alipio v. Court of
Appeals, 341 SCRA 441; Ventura v.
Militante, 316 SCRA 226; Calma v. Tanedo,
66 Phil. 594) unless such surviving spouse
has committed himself or herself to be
solidarily liable for the claim against the
absolute community or the conjugal
partnership property (Imperial Insurance v.
David, 133 SCRA 317).
If the claim is brought against the surviving
spouse who did not commit himself or herself
to be solidarily liable, and a judgment is
rendered directing the surviving spouse to
pay the obligation, such judgment is void
(Ventura v. Militante, supra). All debts
chargeable against the community or
conjugal partnership, which has already been
dissolved, must therefore be claimed and paid
in the settlement of estate proceedings of the
deceased spouse.
Mandatory Complete Separation of Property
This applies to ACP and CPG. They apply
when the first marriage is terminated by death
of one of the spouses, and not when the first
marriage has been judicially annulled or
declared void.
SIMULTANEOUS LIQUIDATION
Refers to at least two marriages contracted
prior to August 3, 1988 and involves a
situation where the community properties of
each marriage are to be liquidated
simultaneously.
Determination of which of the inventoried
properties, including their fruits and income,
belongs to which community property regime
depends upon the proofs presented by the
contending claimants in accordance with the
rules of evidence.
In case of doubt, the properties inventoried
shall be divided between or among the
different communities in proportion to the
capital and duration of each.
Scenarios in Case of Doubt, Examples
1. When the only information known are
that the two marriages are equal in
duration and the fair market value of
the inventoried assets at the time of
the liquidation is P15,000 but the
assets in each marriage are unknown.
In this case, since the duration of each
marriage is equal, the P15,000 shall
be divided equally by the heirs of
each of the marriages. P7,500 for the
heirs of the first marriage and the
other P7,500 for the second marriage.
2. When the inventoried assets to be
divided and the duration of each
marriage are known but the actual
assets in each particular marriage are
unknown. Thus, if the only
information are that the first marriage
lasted for 2 years and the second
marriage lasted for 3 years and the
 fair market value of the inventoried
assets is P15,000 at the time of the
liquidation, the first marriage will be
prorated a share of 2/5 of P15,000
which is equal to P6,000 and the
second marriage will be prorated a
share of three-fifths of P15,000 which
is equivalent to P9,000. As a result,
P6,000 shall go to the heirs of the first
marriage while P9,000 will go to the
heirs of the second marriage (See
Dael v. IAC, 171 SCRA 524).
3. When the durations of each marriage
are the same, the assets of the first and
second marriage are both known and
the assets to be inventoried are also
known. In this case, since the
durations are equal, they cancel each
other and the prorating will be based
on the amount of the known assets in
each particular marriage. Thus, if the
value of the first marriage’s asset is
P1,000 and that of the second
marriage’s asset is P2,000, the first
marriage will be prorated a share of
1/3 of P15,000 which is equivalent to
P5,000 while the second marriage
will be prorated a share of 2/3 of
P15,000 which is equal to P10,000.
As a result, the heirs of the first
marriage shall get P5,000 while the
heirs of the second marriage shall get
P10,000.
4. When the durations of each marriage
are known but different, the assets of
each marriage are equal and the
amount of the assets to be inventoried
at the time of liquidation is
ascertained. Considering that the
assets of each marriage are equal,
they will cancel each other. Hence,
the prorating will be based on the
different durations vis-á-vis the
inventoried assets at the time of
liquidation. Hence, if each of the
marriage has an identical P5,000
worth of assets each but the duration
of the first marriage is 2 years and the
second marriage 3 years, the first
marriage will be prorated a share of
2/5 of P15,000 which is equal to
P6,000 and the second marriage will
be prorated a share of three- fifths of
P15,000 which is equivalent to
P9,000. As a result, P6,000 shall go to
the heirs of the first marriage while
P9,000 will go to the heirs of the
second marriage (See Dael v. IAC,
171 SCRA 524). The result is exactly
the same as the second scenario.
5. When the durations of each marriage
are known but different, the amounts
of assets in each marriage are known,
and also the amount of the assets to be
inventoried at the time of liquidation
is ascertained. Thus, if the first
marriage is for two years and the
second marriage is for three years,
these respective durations will be
related to the assets for each year and
then prorated with the amount of the
assets to be inventoried. Thus, if the
inventoried assets to be liquidated
amounts to P15,000 and if the
duration of the first marriage is two
years and that of the second marriage
is three years and their assets are
P1,000 and P2,000 respectively, the
duration of each marriage shall be
multiplied to the assets in that
marriage and then prorated with the
assets to be liquidated. Hence, the
first marriage will be prorated a share
of 2/8 of P15,000 which is equivalent
to P3,750 while the second marriage
will be prorated a share of 6/8 of
P15,000 which is equivalent to
P11,250. The heirs of the first
marriage will get P3,750 while the
heirs of the second marriage will get
P11,250.
CONJUGAL PARTNERSHIP OF GAINS
The spouses shall place in a common fund the
fruits of their separate properties and the
income from their work or industry.
The fruits of paraphernal properties (separate
property of the wife), form part of the assets
of the conjugal partnership and are therefore
subject to the payment of the debts and
expenses of the spouses, but not to the
payment of the personal obligation of the
husband, unless it be proved that such
obligations were productive of some benefit
to the family (Quitos v. Sheriff of Manila, 64
Phil. 115).
Upon the dissolution of the marriage, the net
gains or benefits obtained shall be divided
equally between the spouses unless they have
stipulated another proportion in their
marriage settlement.
WHEN THE CONJUGAL
PARTNERSHIP SHALL COMMENCE
Its application shall commence at the precise
moment when the marriage ceremony is
celebrated. What is considered is the hour and
not the date of the marriage.
Prohibition on Waiver
As in the case of the absolute community
regime, no waiver of rights, interests, shares,
and effects of the conjugal partnership of
gains can be made during the marriage except
upon judicial separation of property.
Reason: To avoid undue pressure and
influence exerted upon the weaker spouse
who may be persuaded or coerced into
parting with his or her interests in the
conjugal partnership.
SPECIAL TYPE OF PARTNERSHIP
The conjugal partnership shall be governed
by the rules on the contract of partnership in
all that are not in conflict with what is
expressly determined in the Family Code or
by the spouses in their marriage settlements.
In case of conflict between the Civil Code on
the rules on partnership and the provisions of
the Family Code on the conjugal partnership
of gains, the latter shall prevail (Homeowners
Savings & Loan Bank v. Dailo, G.R. No.
153802, March 11, 2005, 453 SCRA 283).
PROPERTIES BROUGHT INTO THE
MARRIAGE
All properties brought into the marriage by
the contracting parties belong to each of them
exclusively. The partnership does not
produce the merger of the properties of each
spouse (National Bank v. Quintos, 46 Phil.
370)
The said properties cannot be encumbered,
alienated nor disposed of by the other spouse
without the consent of the owner- spouse.
The nature of the property as separate
property shall remain unless the contrary is
proved by positive and convincing evidence.
Properties Acquired by Gratuitous Title
Anything received by each spouse from any
source by way of an act of liberality of the
giver, such as a donation or a gift, shall
belong exclusively to the spouse-recipient
and will not belong to the conjugal
partnership property.
These include moderate gifts given by one
spouse to another during family occasions.
An honorarium may be included as property
acquired by gratuitous title as it has been
defined as something given not as a matter of
obligation but in appreciation for services
rendered, a voluntary donation in
consideration of services which admit no
compensation in money (Santiago v.
Commission on Audit, G.R. No. 92284, July
12, 1991).
Redemption, Barter, and Exchange
The property shall belong to the spouse who
has the right to redeem regardless of whether
or not he or she uses personal funds.
However, when conjugal funds are used to
effect the redemption, the spouse making the
redemption through conjugal fund shall be
liable to the conjugal partnership for the
reimbursement of the amount used to redeem
his or her exclusive property (Santos v.
Bartolome, 44 Phil. 76). The conjugal
partnership shall have a lien for the amount
paid by it (See Alvarez v. Espiritu, 14 SCRA
892).
If however there is no right of redemption
belonging to either of the spouses, whoever
buys or procures something using his or her
own funds shall exclusively own what was
purchased.
Property Purchased with the Exclusive
Money of Either Spouse
Property purchased using the exclusive
money of one spouse shall belong to such
spouse.
However, when property is purchased using
the exclusive money of one spouse but the
title is taken in the spouses’ joint names, the
circumstances shall determine whether it
shall result in a gift from the spouse whose
money was used to effect the purchase, or a
trust in favor of such spouse.
ADMINISTRATION OF EXCLUSIVE
PROEPRTIES
Each spouse shall retain ownership,
administration, possession and enjoyment of
his or her exclusive properties.
Either spouse may mortgage, encumber,
alienate, or otherwise dispose of his or her
exclusive property.
TERMINATION OF
ADMINISTRATION
Any spouse who alienates his or her
exclusive separate property will terminate the
administration of the other spouse over such
property and the proceeds of the alienation
shall be turned over to the owner- spouse.
PROPERTY DONATED OR LEFT BY
WILL TO SPOUSES
A donor or testator may donate or provide in
a will property to the spouses jointly.
The donor or testator may likewise designate
the respective determinate share of each of
the spouses and, in the absence thereof, share
and share alike.
The property of the donation will then be
considered separate property of the spouses.
Accretion in Case of Donation
Accretion
The incorporation or addition of property to
another property.
General Rule: In a joint donation, one could
not accept independently of his co-donee, for
there is no right of accretion unless expressly
so provided (Genato v. De Lorenzo, 23 SCRA
618).
Exception: When the joint donation is in
favor of husband and wife.
ACCRETION IN CASE OF PROPERTY
LEFT BY WILL
It shall be necessary that the husband and the
wife should be called to the same inheritance,
or to the same portion thereof, pro indiviso
(not divided); and that one of the spouses thus
called dies before the testator or renounces
the inheritance, or be incapacitated to receive
it
Payment Using Conjugal Funds
If conjugal funds are used to pay the
obligations attached to an onerous donation,
the donee-spouse shall reimburse the
conjugal partnership but the property remains
to be his or her exclusive property. This is but
proper because the donated property is
separate property of the donee-spouse.
Taxes and expenses for mere preservation
made during the marriage upon the separate
property of either spouse shall be chargeable
to the conjugal partnership of gains
NATURE OF PENSIONS, ANNUITIES,
GRATUITIES
Whether retirement benefits, pensions, and
annuities are conjugal or separate will depend
upon how it was obtained and the
circumstances of the case.
Generally: Gratuity is an act of pure liberality
An annuity is not a gratuity if the recipient
thereof is entitled to it as a matter of right.
CONJUGAL PARTNERSHIP
PROPERTY
All property acquired during the marriage,
whether the acquisition appears to have been
made, contracted or registered in the name of
one or both spouses.
1. Acquisition by onerous title from
common fund;
2. Property acquired through industry,
labor, and profession, and through
occupation;
3. Fruits and earning from properties;
4. Hidden treasure (see discussion on
Property)
5. Livestock; and
6. Winnings from game of chance.
INSTALLMENT PURCHASES
When property is bought on installment basis
partly by exclusive funds of either or both
spouses and partly by conjugal funds, the
ownership of the property is determined by
the time when the title is vested.
If ownership is vested before the marriage, it
belongs to the class of properties exempted
from the conjugal partnership.
PAYMENT OF CREDIT IN FAVOR OF
SPOUSE
n a situation where one of the spouses has in
his favor a credit payable in installments or,
in any case, a credit which will be fully paid
during the marriage, all payments made on
the principal during that marriage shall
belong exclusively to the spouse who owns
the credit.
SOURCE OF FUNDS USED FOR
IMPROVEMENTS
If the value of the improvement and any
resulting increase in value are more than the
value of the separate property at the time of
improvement, the entire property of one of
the spouses shall belong to the conjugal
partnership. But ownership shall vest only
upon reimbursement to the owner-spouse
which shall be made at the time of the
liquidation of the conjugal partnership.
Usufructuary
prior to liquidation, the owner-spouse still
owns her separate property and, therefore, the
same cannot be levied upon to satisfy a
conjugal debt (Maramba v. Lozano, 20 SCRA
474), unless the conjugal funds are
insufficient to pay the conjugal debts, in
which case the separate property can be held
solidarily liable
LIABILITY OF CONJUGAL
PROPERTY
1. The support of the spouses, their com-
mon children, and the legitimate
children of either spouse;
2. All debts and obligations contracted
during the marriage by the designated
administrator-spouse for the benefit
of the conjugal partnership of gains,
or by both spouses or by one of them
with the consent of the other;
3. Debts and obligations contracted by
either spouse without the consent of
the other to the extent that the family
may have been benefited;
4. All taxes, liens, charges and
expenses, including major or minor
repairs upon the conjugal partnership
property;
5. All taxes and expenses for mere
preservation made during the
marriage upon the separate property
of either spouse;
6. Expenses to enable either spouse to
commence or complete a profession,
vocational, or other activity for self-
improvement;
7. Antenuptial debts of either spouse
insofar as they have redounded to the
benefit of the family;
8. The value of what is donated or
promised by both spouses in favor of
their common legitimate children for
the exclusive purpose of commencing
or completing a professional or
vocational course or other activity for
self-improvement; and
9. Expenses of litigation between the
spouses unless the suit is found to be
groundless.
Solidary Obligation
If the conjugal partnership is insufficient to
cover the debts and obligations, the creditors
may demand payment from either or any of
the spouses with their respective separate
properties.
DEBTS, FINES, PECUNIARY
INDEMNITIES INCURRED BEFORE
OR DURING THE MARRIAGE
For as long as debts and obligations
redounded to the benefit of the family, such
debts and obligations, such as hospital and
medical expenses of the spouses, may be
charged to the conjugal partnership.
Need not be quantified into peso or square
meters of real property. It is enough that the
transaction would result to some discernible
advantages or good to the conjugal
partnership, directly or indirectly. Thus, the
health and well-being of both or either of the
spouses would undeniably redound to the
benefit of the conjugal partnership. The
advancement of the interests of the conjugal
partnership depends in great measure on the
soundness of the body and mind of the
partners (Costuna v. Domondon, 180 SCRA
333).
Difference from Absolute Community Rule
CPG – liable for the personal debts, fines and
indemnities of either spouse only after
payment of all the liabilities of the conjugal
partnership are covered and when the
separate property of the spouse is
insufficient.
ACP – liabilities may be charged against the
community only in case the separate property
of the spouse is insufficient.
Reason: In the absolute community regime,
the spouses have fewer, if any at all,
exclusive properties with which to meet their
personal obligations.
Personal Obligations of Spouses During the
Marriage
Personal obligations of either of the spouses
incurred during the marriage which do not
redound to the benefit of the family or do not
have the consent of the other spouse shall be
borne only by the spouse-debtor and his or
her separate property (Francisco v. Gonzales,
G.R. No. 177667, September 17, 2008).
8. Conjugal dwelling – Shall be
adjudicated to the spouse with whom
the majority of the common children
choose to remain.
LIQUIDATION UPON DEATH
See discussion on ACP

JOINT ADMINISTRATION AND SIMULTANEOUS LIQUIDATION OF

ENJOYMENT CONJUGAL PARTNERSHIP
See discussion on ACP CONSTITUTED PRIOR TO FAMILY
CODE.
DONATION See discussion on ACP
See discussion on ACP
ADVANCEMENT
TERMINATION OF CONJUGAL Once a spouse dies, the surviving spouse and
PARTNERSHIP the children become co-heirs of the estate left
See discussion on ACP by the deceased. Hence, during liquidation
they have a right to get certain amounts from
EFFECT OF SEPARATION what they technically own to support
See discussion on ACP themselves. The amount which they are
allowed to get must at least be equivalent to
ABANDONMENT the fruits or rents arising from the share
See discussion on ACP which they will eventually obtain after
liquidation.
LIQUIDATION OF CONJUGAL
PARTNERSHIP ASSETS AND The allowances for support to the children
LIABILITIES and the spouse of the deceased pending
1. Inventory; liquidation of the estate are subject to
2. Credits in favor of partnership – Any collation and deductible from their share of
amount advanced during the marriage the inheritance in so far as they exceed what
by the conjugal partnership in favor they are entitled to as fruits or income
of any of the spouses shall be credited (Lesaca v. Lesaca, 91 Phil. 135).
to the conjugal partnership as an
asset; Only the surviving spouse and the children
3. Reimbursement in favor of spouse if are entitled to get the allowances for support.
funds of any of the spouses are used
to buy conjugal property; JUDICIAL SEPARATION OF
4. Payment of debts and obligations of PROPERTY
partnership; If the husband and wife, prior to the marriage,
5. Delivery of separate properties; did not execute any written marital
6. Division of net remainder; agreement providing that the separation of
7. Delivery of presumptive legitime – In property regime will govern their property
accordance to Art. 51 of the Family relationship, they cannot, after the marriage
Code, which refers to annulment or ceremony, alter their property relationship to
nullity judgment;
a separate property regime without
mandatory judicial approval.
Kinds of Judicial Separation of Property
1. Voluntary
2. For sufficient cause
SUFFICIENT CAUSE FOR JUDICIAL
SEPARATION OF PROPERTY
1. Civil interdiction;
2. Declaration of absence;
3. Loss of parental authority;
4. Abandonment and failure to comply
with obligations to the family;
5. Abuse of administration;
6. Separation in fact
VOLUNTARY SEPARATION
The spouses may agree on the separation of
their absolute community of property regime
or their conjugal partnership of gains. There
must be court approval.
EFFECT OF DISSOLUTION OF ACP
OR CPG
Complete separation of property applies. In
the same vein, as to properties each of the
spouses may have acquired or expenses each
of them may have incurred after the finality
of the judicial separation decree, the same
belong exclusively to either of them
independently of the community properties
or the conjugal partnership properties.
RIGHTS OF CREDITORS
 The recording in the civil registry of
the petition of the separation of
property and the final judgment is to
aid present and future creditors in
determining whether an asset of a
spouse is conjugal or really separate.
 The separation of property shall not
prejudice the rights previously
acquired by the creditors.
REVIVAL OF PREVIOUS PROPERTY
REGIME
1. Termination of civil interdiction;
2. Reappearance of absentee spouse;
3. When the court, being satisfied that
the spouse granted the power of
administration in the marriage
settlements will not again abuse that
power, authorizes the resumption of
said administration;
4. When the spouse who has left the
conjugal home without a decree of
legal separation resumes common life
with the other;
5. Restoration of parental authority;
6. Reconciliation of the spouses who
have separated in fact for at least one
year; or
7. When after voluntary dissolution of
the ACP or CPG has been judicially
decreed upon the joint petition of the
spouses, they agree to the revival of
the former property regime. No
voluntary separation of property may
thereafter be granted.
Judicial Proceeding for Revival
The spouses should file a motion in the same
court proceeding where separation was
decreed for a decree reviving the property
regime that existed between them before the
separation of property.
The agreement shall be executed under oath
and specify:
1. the properties to be contributed anew
to the restored regime;
2. those to be retained as separate
properties of each spouse; and
3. the names of all their known
creditors, their addresses and the
amounts owing to each.
TRANSFER OF ADMINISTRATION
1. When a spouse is judicially appointed
guardian of his or her spouse;
 2. When a spouse is judicially declared
an absentee;
3. When one spouse is sentenced to a
penalty which carries with it civil
interdiction; or
4. When one spouse becomes a fugitive
from justice or is hiding as an accused
in a criminal case.
SEPARATION OF PROPERTY
The parties may agree on the extent of their
separation of property regime. It may involve
present or future property or both.
Kinds
1. Total
2. Partial – property not agreed upon as
separate shall pertain to the absolute
community
RIGHTS OF EACH SPOUSE
Each shall own, dispose of, possess,
administer and enjoy his or her own separate
estate, without need of the consent of the
other.
To each spouse shall belong all earnings from
his or her profession, business or industry and
all fruits, natural, industrial or civil, due or
received during the marriage from his or her
separate property.
LIABILITY OF EACH SPOUSE
Both spouses shall bear the family expenses
in proportion to their income, or, in case of
insufficiency or default thereof, to the current
market value of their separate properties.
The spouses are solidary liable to creditors
for family expenses.
PROPERTY REGIME OF UNIONS
WITHOUT MARRIAGE
1. INFORMAL CIVIL
RELATIONSHIPS
A man and a woman who are capacitated to
marry each other, live exclusively with each
other as husband and wife without the benefit
of marriage or under a void marriage.
Though there is no technical marital
partnership between persons living as
husband and wife without being lawfully
married or under a void marriage,
nevertheless there is between them an
informal civil relationship which would
entitle the parties to some rights (Lesaca v.
Lesaca, 91 Phil. 135).
Co-ownership
A form of trust and every co-owner is a
trustee for the other (Mallilin v. Castillo, G.R.
No. 136803, June 16, 2000).
Structure of Property Relationship
1. Salaries and wages shall be owned by
them in equal shares; and
2. Property acquired by either of the
parties exclusively by his or her own
fund belongs to such party provided
that there is proof that he or she
acquired it by exclusive funds;
3. Property acquired by both of them
through their work or industry shall
be governed by the rules on co-
ownership. Consequently, either
spouse may alienate in favor of the
other his or her share in the property;
4. Property acquired while they live
together shall be presumed to have
been obtained by their joint efforts,
work or industry and shall be owned
by them in equal shares. A party who
did not participate in the acquisition
by the other party of any property
shall be deemed to have contributed
jointly in the acquisition thereof if the
former’s efforts consisted in the care
 and maintenance of the family and of
the household;
5. The fruits of the couple’s separate
property are not included in the co-
ownership (Valdes v. RTC, 72 SCAD
967, 260 SCRA 221);
6. Property acquired by any of the
parties after separation shall be
exclusively owned by the party who
acquired it;
7. Neither party can encumber or
dispose by acts inter vivos of his or
her share in the property acquired
during cohabitation and owned in
common, without the consent of the
other, until after the termination of
their cohabitation. However, either
spouse may alienate in favor of the
other his or her share in the property
co-owned. But no one can donate or
waive any interest in the co-
ownership that would constitute an
indirect or direct grant of gratuitous
advantage to the other which is void
pursuant to Article 87;
8. When only one of the parties to a void
marriage is in good faith, the share of
the party in bad faith in the co-
ownership shall be forfeited in favor
of their common children. In case of
default of or waiver by any or all of
the common children or their
descendants, each vacant share shall
belong to the respective surviving
descendants. In the absence of
descendants, such share shall belong
to the innocent party. In all cases, the
forfeiture shall take place upon
termination of the cohabitation.
2. COHABITATION NOT FALLING
UNDER THE PRECEDING
ARTICLE
1. A man and a woman living together
as husband and wife, without benefit
of marriage, but are not capacitated to
marry;
2. An adulterous relationship even if it
occurred prior to the effectivity of the
Family Code (Atienza v. De Castro,
G.R. No. 169698, November 20,
2006, 508 SCRA 593).
3. A bigamous or polygamous marriage;
4. Incestuous void marriages under
Article 37; and
5. Void marriages by reason of public
policy under Article 38.
Structure of Property Regime
1. The salaries and wages are separately
owned by the parties and if any of the
spouses is married, his or her salary is
the property of the conjugal
partnership of gains of such
legitimate marriage;
2. Property solely acquired by funds of
any of the parties belongs to such
party;
3. Only the properties acquired by both
of the parties through their actual
joint contribution of money, property,
or industry shall be owned by them in
common in proportion to their
respective contributions;
4. The respective shares of the parties
over properties owned in common are
presumed to be equal. However,
proofs may be shown to show that
their contribution and respective
shares are not equal. Without proof of
actual contribution by both parties,
there can be no presumption of co-
ownership and equal sharing
(Villanueva v. Court of Appeals, G.R.
No. 143286, April 14, 2004; Rivera v.
Heirs of Romualdo Villanueva, G.R.
No. 141501, July 21, 2006, 496 SCRA
135).
5. The rule and presumption mentioned
above shall apply to joint deposits of
money and evidences of credit; and
 6. If one of the parties is validly married
to another, his or her share in the co-
ownership shall accrue to the absolute
community or conjugal partnership
existing in such valid marriage. If the
party who acted in bad faith is not
validly married to another, his or her
share shall be forfeited in the manner
provided in the last paragraph of
Article 147. The foregoing rules on
forfeiture shall likewise apply even if
both parties are in bad faith.
F. The Family (Family Code)
1. The family as an institution
FAMILY
The foundation of nation, a basic social
institution which public policy cherishes and
protects.
Destructive Agreements
Family relations are governed by law and no
custom, practice or agreement destructive of
the family shall be recognized or given effect.
FAMILY RELATIONS
1. Between husband and wife;
2. Between parents and children;
3. Among other ascendants and
descendants; and
4. Among brothers and sisters, whether
of the full or half-blood.
EARNEST EFFORTS TO
COMPROMISE
Before a suit can be filed by a person against
another belonging to the same family, earnest
efforts must first be made to settle the case
amicably. Otherwise, the suit is dismissible.
Exceptions
Art. 2035 of the Civil Code provides that no
compromise upon the following questions
shall be valid:
1. the civil status of persons;
2. the validity of a marriage or of a legal
separation;
3. any ground for legal separation;
4. future support;
5. the jurisdiction of courts; and
6. future legitime.
The rule on earnest efforts also does not apply
to special proceedings like a petition for the
settlement of estate guardianship and custody
of children, and habeas corpus. The term
“suit” provided by law clearly implies only
civil actions (Manalo v. Court of Appeals,
G.R. No. 129242, January 16, 2000).
Exception from Criminal Liability in Crimes
Against Property
Art. 332 of the Revised Penal Code provides
that no criminal, but only civil liability, shall
result from the commission of the crime of
theft, swindling or malicious mischief
committed or caused mutually by the
following persons:
1. Spouses, ascendants and descendants,
or relatives by affinity in the same
line;
2. The widowed spouse with respect to
the property which belonged to the
deceased spouse before the same shall
have passed into the possession of
another; and
3. Brothers and sisters and brothers-in-
law and sisters-in-law, if living
together.
The exemption established by Article 332,
however, shall not be applicable to strangers
participating in the commission of the crime.
Prescriptive Period
Art. 1109. Prescription does not run between
husband and wife, even though there be a
separation of property agreed upon in the
marriage settlements or by judicial decree.
Neither does prescription run between
parents and children, during the minority or
insanity of the latter, and between guardian
and ward during the continuance of the
guardianship.
2. The family home
FAMILY HOME
The dwelling house where the husband and
the wife or by an unmarried head of a family
and their family reside, and the land on which
it is situated.
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.
A family home is not affected by the type of
property regime of the spouses or by the fact
that the marriage has been nullified (Valdez
v. RTC, 260 SCRA 221).
A house erected by a person on the property
of another is not a family home (Taneo v.
Court of Appeals, 304 SCRA 308).
A property that is the subject of a conditional
sale on installment where ownership is
reserved by the vendor only to guarantee
payment of the purchase price may be
constituted as a family home.
EXEMPT FROM EXECUTION
The exemption from execution, forced sale or
attachment provided by law is effective from
the time of the constitution of the family
home as such, and lasts so long as any of its
beneficiaries actually resides therein
(Modequillo v. Breva, 185 SCRA 766). It is a
personal right which can be claimed only by
the judgment debtor, and not by the sheriff,
and therefore generally must be claimed
before the public auction (Versola v. Court of
Appeals, G.R. No. 164740, July 31, 2006, 497
SCRA 385).
Exception
1. For non-payment of taxes;
2. For debts incurred prior to the
constitution of the family home;
3. For debts secured by mortgages on
the premises before or after such
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.
BENEFICIARIES OF A FAMILY HOME
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.
VALUE OF THE FAMILY HOME
Urban areas – must not exceed, at the time of
its constitution, ₱300,000
Rural areas – must not exceed, at the time of
its constitution, ₱200,000
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 the
evaluation.
DISPOSITION OF FAMILY HOME
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.
LIMITATION AFTER DEATH
upon the death of the person who constituted
the family home, such family home shall
continue as a family home for a period of 10
years or for as long as there is a minor
beneficiary. The heirs cannot partition the
same unless the court finds compelling
reasons therefor.
JUDGMENT CREDITOR
There is a need under Article 160 for a court
decision before a judgment creditor can avail
of the privilege under Article 160 of the
Family Code.
However, the judgment-claim and the
judgment creditor making the claim should
not be one of those mentioned in Article 155.
Art. 160. When a creditor whose claim 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 costs. The excess, if any, shall be
delivered to the judgment debtor. (247a,
248a)
FAMILY RESIDENCES
It does not mean that Articles 152 and 153 of
said Code have a retroactive effect such that
all existing family residences are deemed to
have been constituted as family homes at the
time of the occupation prior to the effectivity
of the Family Code and are exempt from
execution for the payment of obligations
incurred before the effectivity of the Family
Code. xxx All existing family residences at
the time of the effectivity of the Family Code
are considered family homes and are
prospectively entitled to the benefits
accorded to a family home under the Family
Code (Modequillo v. Breva, 185 SCRA 766).
G. Paternity and Filiation (Family Code)
FILIATION OF CHILDREN
 Nature
o Legitimate – conceived or
born during the marriage
o Illegitimate – children
conceived outside a valid
marriage
 Adoption
Artificially Inseminated Child
Considered as a legitimate child of the
husband and 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 and that the
instrument is recorded in the civil registry
together with the birth certificate of the child.
WHEN LEGITIMACY OF A CHILD
MAY BE IMPUGNED
1. Physical incapacity
2. Living separately
 3. Serious illness
4. Sterility
5. Vasectomy
6. Scientific testing
7. Vitiated consent in artificial
insemination
If the husband agreed to the artificial
insemination of his wife by the sperm of
another man and the spouses observed all the
requirements of the law, the husband cannot
anymore impugn the legitimacy of the child.
PRESUMPTION OF FILIATION
1. A child born 180 days after the
solemnization of the subsequent
marriage is considered to have been
conceived during the former
marriage, provided it be born within
300 days after the termination of the
former marriage;
2. A child born after 180 days following
the celebration of the subsequent
marriage is considered to have been
conceived during such marriage, even
though it be born within the 300 days
after the termination of the former
marriage.
Access Presumed Prior to Termination of
Marriage
Access between the spouses is presumed
during the marriage. This presumption holds
even immediately before the official
termination of marriage.
Reason: It is not unlikely that the spouses
could have engaged in sexual intercourse just
prior to the death of one of them or just before
the issuance of a decree of annulment or a
declaration of nullity.
The rules will not apply in case there are
convincing proofs of filiation that the father
of the child is the previous husband or the
subsequent husband, as the case may be.
NO PRESUMPTION FOR A CHILD
BORN AFTER 300 DAYS AFTER
TERMINATION OF MARRIAGE.
The law considers 300 days as the longest
gestation period of a child in the mother’s
womb. In the absence of any subsequent
marriage after the termination of the first
marriage, the father of a child born after 300
days from such termination can be anybody.
This includes the husband of the previous
marriage as it is not improbable that the
gestation period may even extend
extraordinarily beyond 300 days or that the
previously married couple had sexual
intercourse after the finality of their decree of
annulment or nullity. While there have been
cases where the gestation period reached
from up to 316 to 330 days (Ousley v. Ousley,
261 SW 2d 817), this is not normal and,
hence, other convincing proofs of filiation
must be shown. Thus, no presumption can
attach, thereby necessitating the introduction
of evidence by whoever alleges legitimacy or
illegitimacy.
PARTIES IN IMPUGNING THE
LEGITIMACY OF A CHILD
Only the husband can file a direct action to
impugn the legitimacy of a child.
Exception: Heirs of the husband –
1. If the husband should die before the
expiration of the period fixed for
bringing his action;
2. If he should die after the filing of the
complaint, without having desisted
therefrom; or
3. If the child was born after the death of
the husband.
Reason: desire to protect innocent children
against attacks upon paternity (Russell v.
Russell Eng [1924] AC 687 [HL]; Taylor v.
Taylor, 295 So. 2d 494).
Prescriptive Periods 3. after action had already been
1. 1 year from knowledge of the birth or instituted,
its recording in the civil register, if the
impugner resides in the city or RIGHTS OF THE LEGITIMATE CHILD
municipality where the birth took 1. To bear the surname of the father and
place or was recorded; the mother, in conformity with the
2. 2 years from knowledge of the birth provisions of the Civil Code on
or its recording in the civil register, if Surnames;
the impugner resides in the 2. To receive support from their parents,
Philippines other than in the city or their ascendants, and in proper cases,
municipality where the birth took their brothers and sisters, in
place or was recorded; and conformity with the provisions of this
3. 3 years, if the impugner resides Code on Support; and
abroad; 3. To be entitled to the legitime and
If the birth of the child has been concealed other successional rights granted to
from or was unknown to the husband or his them by the Civil Code.
heirs, the period shall be counted from the
discovery or knowledge of the birth of the CLAIM OF ILLEGITIMATE
child or of the fact of registration of the birth, CHILDREN
whichever is earlier. (same with Proof of Filiation of Legitimate
Children)
PROOF OF FILIATION OF
LEGITIMATE CHILDREN Prescriptive Period
1. Record of birth Whole lifetime.
2. Final judgment
3. Admission in public or private Exception: For proofs used under Art. 172,
handwritten document the illegitimate child may only bring the
4. Open and continuous possession of action during the lifetime of the alleged
legitimate status parent (Uyguanco v. Court of Appeals, G.R.
5. Evidence under the Rules of Court No. 76873, October 26, 1989, 178 SCRA
and special laws 684).
6. Deoxyribonucleic Acid (DNA)
testing RIGHTS OF AN ILLEGITIMATE
CHILD
ACTION TO CLAIM LEGITIMACY 1. Use the surname of the mother;
The right of action for legitimacy devolving 2. Under the parental authority of the
upon the child is of a personal character and mother;
generally pertains exclusively to him. Only 3. Use the surname of the father if their
the child may exercise it at any time during filiation has been expressly
his lifetime. recognized by the father through the
record of birth appearing in the civil
Exception: It may be transmitted to the heirs register, or when an admission in a
– public document or private
1. if he or she died during his or her handwritten instrument is made by
minority, or the father;
2. while insane, or 4. Legitime is ½ of the legitimate child.

LEGITIMATED CHILD
Requirements in the Process of Legitimation:
1. The parents do not suffer any legal
impediment or are disqualified to
marry because either one or both of
them are 18 years of age at the time of
the conception of the child by the
mother;
2. The child has been conceived and
born outside of a valid marriage. This
is the rule because, if the child is
either conceived or born within a
particular valid marriage, the said
child is declared by law as legitimate;
3. The parents subsequently enter into a
valid marriage. It is this last step
which by operation of law will finally
legitimate the child. The annulment
of a voidable marriage shall not affect
the legitimation.
EFFECTS
1. Enjoys the same rights as legitimate
children;
2. Retroacts to the time of the child’s
birth
3. Legitimation of children who died
before the celebration of the marriage
shall benefit their descendants.
IMPUGNING THE LEGITIMATION
Legitimation may be impugned only by those
who are prejudiced in their rights
Prescriptive Period
Within 5 years from the date their cause of
action accrues.
H. Adoption
ADOPTION
The process of making a child, whether
related or not to the adopter, possesses in
general, the rights accorded to a legitimate
child (In the Matter of the Adoption of
Stephanie Nathy Astorga Garcia, 454 SCRA
541, 551 (2005))
1. R.A. No. 8552 (Domestic Adoption Act
of 1998)
a) Who may adopt
Filipino Adopter:
1. Must be of legal age and at least
sixteen (16) years older than the
adoptee (exception: if the adopter is
the biological parent of the adoptee or
the spouse of the adoptee’s parent, in
which case, the requirement of
sixteen-year difference may be
waived);
2. Must be in possession of full civil
capacity and legal rights, of good
moral character and has not been
convicted of any crime involving
moral turpitude; and
3. Must be emotionally and
psychologically capable of caring for
children and in a position to support
and care for his or her children in
keeping with the means of the family.
Alien Adopter
1. Must possess the same qualifications
required of Filipino nationals;
2. His/her country must have diplomatic
relations with the Republic of the
Philippines;
3. He/she has been certified by his/her
diplomatic or consular office or any
appropriate government agency to be
legally capacitated to adopt in his/her
country;
4. His/her government allows the
adoptee to enter his/her country as
his/her adopted son/daughter;
5. He/she has been living in the
Philippines for at least 3 continuous
years prior to the filing of the
 application for adoption and
maintains such residence until the
adoption decree is entered
Requirements on residency and certification
of alien’s qualification to adopt in his/her
country may be waived for the following:
i. a former Filipino citizen who
seeks to adopt a relative within
the 4th degree of consanguinity or
affinity;
ii. one who seeks to adopt the
legitimate son/daughter of his/her
Filipino spouse; or
iii. one who is married to a Filipino
citizen and seeks to adopt jointly
with his/ her spouse a relative
within the 4th degree of
consanguinity or affinity of the
Filipino spouse.
Note: The Civil Code states that one who has
legitimate, legitimated, acknowledged
natural children, or natural children by legal
fiction is ineligible to adopt another child.
Joint Adoption of Spouses
Required by law, except for the following
instances:
1. if one spouse seeks to adopt the
legitimate son/daughter of the other;
or
2. if one spouse seeks to adopt his/her
own illegitimate son/ daughter,
provided, however, that the other
spouse has signified his/her consent
thereto; or
3. if the spouses are legally separated
from each other.
b) Who may be adopted
The following may be adopted:
1. Any person below 18 years of age
who has been administratively of
judicially declared available for
adoption
2. The legitimate son/daughter of one
spouse by the other spouse
3. An illegitimate son/daughter by a
qualified adopter to improve his/her
status to that of legitimacy
4. A person of legal age if, prior to the
adoption, said person has been
consistently considered and treated
by the adopter(s) as his/her own child
since minority.
5. A child whose adoption has been
previously rescinded. To be legally
available for adoption, the child must
be below 8 years of age.
6. A child whose biological or adoptive
parent(s) has died provided that the
child is below 18 years of age. In this
case, the law requires that no adoption
proceedings shall be initiated within 6
months from the time of death of said
parent(s).
Requirement of Consent
The written consent of the following to the
adoption is required:
1. The adoptee, if 10 years of age or
over;
2. The biological parent(s) of the child,
if known, or the legal guardian, or the
proper government instrumentality
which has legal custody of the child;
3. The legitimate and adopted
sons/daughters, ten (10) years of age
or over, of the adopter(s) and adoptee,
if any;
4. The illegitimate sons/daughters, ten
(10) years of age or over, of the
adopter if living with said adopter and
the latter’s spouse, if any;
5. The spouse, if any, of the person
adopting or to be adopted.
c) Rights of an adopted child
  The adoptee is deemed a legitimate
child of the adopter
o Acquires the rights and
obligations arising from the
relationship of parent and
child
o Includes right to use the
surname of the adopters
 The parental authority of biological
parents shall be terminated
 The parental authority shall be vested
to the adopters (except that if the
adopter is the spouse of the parent by
nature of the adopted, parental
authority over the adopted shall be
exercised jointly by both spouses)
 The adopted shall remain an intestate
heir of his parents and other blood
relatives.
Rules on the Legal or Intestate Succession to
the Estate of the Adopted:
1. Legitimate and illegitimate children
and descendants and the surviving
spouse of the adopted shall inherit
from the adopted, in accordance with
the ordinary rules of legal or intestate
succession;
2. When the parents, legitimate or
illegitimate, or the legitimate
ascendants of the adopted concur with
the adopter, they shall divide the
entire estate, one-half to be inherited
by the parents or ascendants and the
other half, by the adopters;
3. When the surviving spouse or the
illegitimate children of the adopted
concur with the adopters, they shall
divide the entire estate in equal
shares, one-half to be inherited by the
spouse or the illegitimate children of
the adopted and the other half, by the
adopters.
4. When the adopters concur with the
illegitimate children and the
surviving spouse of the adopted, they
shall divide the entire estate in equal
shares, one-third to be inherited by
the illegitimate children, one-third by
the surviving spouse, and one-third
by the adopters;
5. When only the adopters survive, they
shall inherit the entire estate; and
6. When only collateral blood relatives
of the adopted survive, then the
ordinary rules of legal or intestate
succession shall apply.
d) Instances when adoption may be
rescinded
The adoption may be rescinded on any of the
following grounds committed by the
adopter(s):
a. repeated physical and verbal
maltreatment by the adopter(s)
despite having undergone counseling;
b. attempt on the life of the adoptee;
c. sexual assault or violence; or
d. abandonment and failure to comply
with parental obligations.
e) Effects of rescission
If the petition is granted, the following are the
effects:
1. The parental authority of the
adoptee’s biological parent(s), if
known, or the legal custody of the
Department, shall be restored if the
adoptee is still a minor or
incapacitated.
2. The reciprocal rights and obligations
of the adopter(s) and the adoptee to
each other shall be extinguished.
3. The court shall order the Civil
Registrar to cancel the amended
certificate of birth of the adoptee and
restore his/her original birth
certificate.
4. Succession rights shall revert to its
status prior to adoption, but only as of
 the date of judgment of judicial
rescission. However, vested rights
acquired prior to judicial rescission
shall be respected.
All the foregoing effects of rescission of
adoption shall be without prejudice to the
penalties imposable under the Penal Code if
the criminal acts are properly proven.
2. R.A. No. 8043 (Inter-Country Adoption
Act of 1995)
a) When allowed
Allowed when the adopted shall prove
beneficial to the child’s best interests and
shall serve and protect his/her fundamental
rights
b) Who may adopt
Any foreign national or a Filipino citizen
permanently residing abroad who has the
qualifications and none of the
disqualifications under the Inter-Country
Adoption Act may file an application if
he/she:
a. is at least twenty-seven (27) years of
age;
b. is at least sixteen (16) years older than
the child to be adopted at the time of
the filing of the application unless the
applicant is the parent by nature of the
child to be adopted or is the spouse of
such parent by nature;
c. has the capacity to act and assume all
the rights and responsibilities incident
to parental authority under his/her
national law;
d. has undergone appropriate
counseling from an accredited
counselor in his/her country;
e. has not been convicted of a crime
involving moral turpitude;
f. is eligible to adopt under his/her
national law;
g. can provide the proper care and
support and give the necessary moral
values and example to the child and in
the proper case, to all his/her other
children;
h. comes from a country:
i. with whom the Philippines
has diplomatic relations;
ii. whose government maintains
a foreign adoption agency;
and
iii. whose laws allow adoption;
and
i. files jointly with his/her spouse, if
any, who shall have the same
qualifications and none of the
disqualifications to adopt as
prescribed above.
Other factors:
1. Total personality of the applicants;
2. Emotional maturity;
3. Quality of marital relationship;
4. Feeling about children;
5. Feeling about childlessness and
readiness to adopt; and
6. Motivation
c) Who may be adopted
LEGALLY-FREE CHILD
Any child who has been voluntarily or
involuntarily committed to the DSWD as
dependent, abandoned or neglected pursuant
to the provisions of the Child and Youth
Welfare Code may be the subject of Inter-
Country Adoption.
In case of a child who is voluntarily
committed, the physical transfer of said child
shall be made not earlier than 6 months from
the date the Deed of Voluntary Commitment
was executed by the child’s biological
parent/s.
The prohibition against physical transfer
shall not apply to adoption by a relative or
children with special medical conditions.
 illegitimate
A person below 15 years of age. son/daughter
but the other
Commitment spouse must
a. involuntary commitment, in case of a give his/her
dependent child, or through the consent;
termination of parental or 3. If the spouses
guardianship rights by reason of are legally
abandonment, substantial and separated from
continuous or repeated neglect and/or each other.
parental incompetence to discharge
parental responsibilities, and in the
manner, form and procedure I. Support (Family Code)
hereinafter prescribed; or
b. voluntary commitment, through the SUPPORT
relinquishment of parental or Includes whatever is necessary to keep a
guardianship rights in the manner and person alive.
form hereinafter prescribed.
Support is the most sacred and important of
3. Distinction between domestic adoption all obligations imposed by law and it is
and inter-country adoption imposed with overwhelming reality.
DOMESTIC INTER-COUNTRY
ADOTION ADOPTION MANDATORY NATURE
Adoption Decree Mandatory obligation to support each other:
Issued in the Issued outside of the 1. The spouses;
Philippines Philippines 2. Legitimate ascendants and
Who May be Adopted (see above) descendants;
Who May Adopt (see Above) 3. Parents and their legitimate children
Requirement of Joint Adoption by and the legitimate and illegitimate
Spouses children of the latter;
General rule: Rule: if the adopter 4. Parents and their illegitimate children
husband and wife is married, his/her and the legitimate and illegitimate
shall jointly adopt; spouse must jointly children of the latter; and
otherwise, the file for the adoption. 5. Legitimate brothers and sisters,
adoption shall not be whether of full or half-blood.
allowed. 6. Illegitimate brothers and sisters (until
the brother or sister is of age and the
Exceptions: need for his or her support is due to
1. If one spouse his or her fault or negligence)
seeks to adopt
the legitimate PROPERTIES ANSWERABLE FOR
son/daughter of SUPPORT
the other; 1. absolute community of property
2. If one spouse 2. conjugal partnership
seeks to adopt
his/her own
Note: If ACP or CP is insufficient to cover
the support of the foregoing persons, the
spouses shall be solidarily liable with their
separate properties.
WHEN RIGHT TO SUPPORT
BETWEEN SPOUSES CEASES
After the final judgment granting a petition
for:
 Annulment; or
 Petition for declaration of nullity of
marriage
Note: even when the marriage bond is not
severed in legal separation, the obligation of
mutual support likewise ceases upon the
finality of a decree of legal separation,
although the court may, in its discretion,
order the guilty spouse to give support to the
innocent one.
Support Pendente Lite Between Spouses
The court shall provide for the support of the
spouses and their common children in the
absence of a written agreement between the
spouses during the pendency of action for
annulment, declaration of absolute nullity of
marriage, and even an action for legal
separation
Spousal Support
In determining support for the spouses, the
court may be guided by the following rules:
a. In the absence of adequate provisions in a
written agreement between the spouses,
the spouses may be supported from the
properties of the absolute community or
the conjugal partnership;
b. The court may award support to either
spouse in such amount and for such
period of time as the court may deem just
and reasonable based on their standard of
living during the marriage;
c. The court may likewise consider the
following factors:
i. whether the spouse seeking support is
the custodian of a child whose
circumstances make it appropriate for
that spouse not to seek outside
employment;
ii. the time necessary to acquire
sufficient education and training to
enable the spouse seeking support to
find appropriate employment, and
that spouse’s future earning capacity;
iii. the duration of the marriage;
iv. the comparative financial resources
of the spouses, including their
comparative earning abilities in the
labor market;
v. the needs and obligations of each
spouse;
vi. the contribution of each spouse to the
marriage, including services rendered
in home-making, child care,
education, and career building of the
other spouse;
vii. the age and health of the spouses;
viii. the physical and emotional conditions
of the spouses;
ix. the ability of the supporting spouse to
give support, taking into account that
spouse’s earning capacity, earned and
unearned income, assets, and
standard of living; and
x. any other factor the court may deem
just and equitable;
d. The Family Court may even direct the
deduction of the provisional support from
the salary of the spouse.
Child Support
Common children of spouses – supported by
ACP or CP
Provisional Support from Parents
1. the financial resources of the
custodial and non-custodial parent
and those of the child;
 2. the physical and emotional health of
the child and his or her special needs
and aptitudes;
3. the standard of living the child has
been accustomed to;
4. the non-monetary contributions that
the parents will make toward the care
and well-being of the child
ORDER OF LIABILITY OF SUPPORT
Whenever two or more persons are obliged to
give support, the order of liability of support
is the following:
1. the spouse;
2. the descendants in the nearest degree;
3. the ascendants in the nearest degree;
and
4. the brothers and sisters.
Note: when two or more recipients at the
same time claim support from one and the
same person legally obliged to give it, should
the latter not have sufficient means to satisfy
all claims, the order established in Article
199 shall still be followed, unless the
concurrent obligees should be the spouse and
a child subject to parental authority, in which
case the child shall be preferred.
AMOUNT OF SUPPORT
In proportion to the resources or means of the
giver and to the necessities of the recipient,
and the same may be reduced or increased
proportionately, according to the reduction or
increase of the necessities of the recipient and
the resources or means of the person obliged
to furnish the same.
DETERMINING THE AMOUNT OF
SUPPORT TO BE AWARDED
In proportion to the resources or means of the
giver and the necessities of the recipient.
DEMANDABILITY OF PAYMENT
From the time the person who has a right to
receive the same needs it for maintenance,
but it shall not be paid except from the date
of judicial or extra-judicial demand.
MANNER OF PAYMENT
Payment shall be made within the first five
days of each corresponding month.
In case of death of the person entitled to
receive support, his heirs shall not be obliged
to return what he has received in advance for
such support.
Options to Fulfill the Obligation
1. by paying the allowance fixed; or
2. by receiving and maintaining in the
family dwelling the person who has a
right to receive support (exception:
cannot be availed in case there is a
moral or legal obstacle)
CHARACTERTISTICS OF RIGHT TO
SUPPORT
1. the right to receive legal support, as
well as any money or property
obtained as such support, cannot be
levied upon on attachment or
execution for to allow attachment or
execution of the right to sup- port, or
of what is used for support, would
defeat the purpose which the law
gives to the recipient against want and
misery;
2. the right to receive support cannot be
renounced nor can it be transmitted to
a third person;
3. future support cannot be the subject
of a compromise; and
4. compensation may not even be set up
against a creditor who has a claim for
support due by gratuitous title.
PAYMENT BY STRANGER OR THIRD
PERSONS
Stranger – one who does not have any
obligation to give support to the person who
received it. In other words, the giver must not
be one of those enumerated in Articles 195 196 of the Family
and 196 of the Family Code. Code

PAYMENT BY STRANGER UNDER J. Parental Authority (Family Code)

ART. 206
When, without the knowledge of the person PARENTAL AUTORITY
obliged to give support, it is given by a Parental authority involves a mass of rights
stranger, the latter shall have a right to claim and obligation which the law grants for the
the same from the former, unless it appears purpose of the children’s physical
that he gave it without intention of being preservation and development, as well as the
reimbursed. cultivation of their intellect and the education
of their hearts and senses. As regards parental
Requisites for the Recovery on the Part of the authority, there is no power, but a task; no
Stranger complex of rights, but a sum of duties; no
1. the support of a dependent has been sovereignty but a sacred trust for the welfare
furnished by a stranger; of the minor (Incang v. CA, 296 SCRA 128).
2. the support was given without the
knowledge of the person obliged to Consequences of Parental Authority
give support; and Rights of Parents
3. the support must not have been given 1. the right to have them in their
without the intention of being company (custody);
reimbursed 2. the right to be obeyed and respected;
3. the right to impose discipline on them
PAYMENT BY STRANGER UNDER as may be required under the
ART. 207 circumstances;
The obligation to reimburse is the same that 4. the right to withhold or give consent
arises from quasi-contract. in certain matters;
5. the right to exercise legal
CONTRACTUAL SUPPORT VS. guardianship over the property of
LEGAL SUPPORT unemancipated common children;
CONTRACTUAL 6. limited right of usufruct over the
LEGAL SUPPORT
SUPPORT child’s property
originates either
from the will of the Duties of Parents
obligor (as those the right to support 1. To support, educate and instruct them
given by will) or arises from, or is by right precept and good example,
from the agreement based on, the and to provide for their upbringing in
of the parties (or provisions of law keeping with their means;
those expressed in 2. To give them love and affection,
contracts) advice and counsel, companionship
the recipient and the and understanding
giver must be 3. To provide them with moral and
mutually obliged to spiritual guidance, inculcate in them
give support under honesty, integrity, self-discipline,
Articles 195 and self-reliance, industry and thrift,
stimulate their interest in civic affairs,
 and inspire in them compliance with
the duties of citizenship;
4. To furnish them with good and
wholesome educational materials,
supervise their activities, recreation
and association with others, protect
them from bad company, and prevent
them from acquiring habits
detrimental to their health, studies
and morals;
5. To represent them in all matters
affecting their interests;
6. To perform such other duties as are
imposed by law upon parents and
guardians.
RENUNCIATION AND TRANSFER OF
PARENTAL AUTHORITY
Parental authority and responsibility are
inalienable and may not be transferred or
renounced except in cases authorized by law.
The right attached to parental authority, being
purely personal, the law allows a waiver of
parental authority only in cases of adoption,
guardianship and surrender to a children’s
home or an orphan institution. When a parent
entrusts the custody of a minor to another,
such as a friend or godfather, even in a
document, what is given is merely temporary
custody and it does not constitute a
renunciation of parental authority. Even if a
definite renunciation is manifest, the law still
disallows the same. Only in the case of the
parent’s death, absence, or unsuitability may
substitute parental authority be exercised by
the surviving parents. In the case at bar, there
is no proof that the father cannot support the
child at the present time. The fact that he
failed to financially support the child for
three years is not sufficient reason to strip
him of custody. His efforts to get the child
and take care of him may be construed as an
act to rectify his past misdeeds. Being a
soldier and going around the country cannot
be enough reason to deprive the father of
custody. The father’s employment of trickery
in spiriting away his son from the maternal
grandparents, though unjustifiable, is not a
ground to wrest custody from him (Santos v.
CA, 58 SCAD 17, 242 SCRA 407)
JOINT PARENTAL AUTHORITY
The parents are equally bound to ensure the
wholesome upbringing of the children.
Requisites for Illegitimate Children:
1. the father is certain; and
2. the illegitimate children are living
with the said father and the mother,
who are cohabiting without benefit of
marriage or under a void marriage not
falling under Articles 36 and 53.
Cases Wherein the Parental Authority is
Vested to the Mother Only:
1. where the paternity of the child is
unknown or in doubt, and
2. where, though paternity is certain, the
father is not living with the mother
and the child.
Preferential Choice of the Father
In case of conflict between the parents, the
decision of the father prevails. It is presumed
that the decision of the father is for the
children’s best interest.
Duties of Children
Children shall always observe respect and
reverence toward their parents and are
obliged to obey them as long as the children
are under parental authority.
Every child shall obey and honor his or her
parents or guardian; respect his or her
grandparents, old relatives, and persons
holding substitute parental authority; exert
his utmost for his or her education and
training; and cooperate with the family in all
matters that make for the good of the same.
Responsibilities of a Child Under
Presidential Decree No. 603
Art. 4. Responsibilities of the Child. — Every
child, regardless of the circumstances of his
birth, sex, religion, social status, political
antecedents and other factors shall:
1. Strive to lead an upright and virtuous
life in accordance with the tenets of
his religion, the teachings of his
elders and mentors, and the bidding of
a clean conscience;
2. Love, respect and obey his parents,
and cooperate with them in the
strengthening of the family;
3. Extend to his brothers and sisters his
love, thoughtfulness, and helpfulness,
and endeavor with them to keep the
family harmonious and united;
4. Exert his utmost to develop his
potentialities for service, particularly
by undergoing a formal education
suited to his abilities, in order that he
may become an asset to himself and
to society;
5. Respect not only his elders but also
the customs and traditions of our
people, the memory of our heroes, the
duly constituted authorities, the laws
of our country, and the principles and
institutions of democracy;
6. Participate actively in civic affairs
and in the promotion of the general
welfare, always bearing in mind that
it is the youth who will eventually be
called upon to discharge the
responsibility of leadership in
shaping the nation’s future;
7. Help in the observance of individual
human rights, the strengthening of
freedom everywhere, the fostering of
cooperation among nations in the
pursuit of their common aspirations
for programs and prosperity, and the
furtherance of world peace.
REMARRIAGE OF PARENT
Death of one of the parents will not terminate
the parental authority of the surviving parent.
Remarriage does not affect the parental
authority of the surviving parent.
The new spouse does not automatically
possess parental authority unless the new
spouse adopts the children of the surviving
parent.
SEPARATION
Parental authority shall be given to any of the
parents who may be designated by the court
in case the parents have separated from each
other.
Note: Parental authority of the other spouse
is not terminated.
Custody of Children
Parents are never deprived of the custody and
care of children except for cause. This is a
universal rule of all systems of law, as
beneficient to the child as it is just to the
parent. Indeed, it might well be said to belong
to the realm of natural justice (Ibanez De
Aldecoa v. Hongkong and Shanghai Bank, 30
Phil. 228).
Custody Hearings
Rule on Custody of Minors and Writ of
Habeas Corpus in Relation to Custody of
Minors (A.M. No. 03-04-04-SC)
Parental Preference Rule
The natural parents, who are of good
character and who can reasonably provide for
the child, are ordinarily entitled to the
custody as against all persons. The right of
custody accorded to parents spring from the
exercise of parental authority (Santos v. CA,
58 SCAD 17, 242 SCRA 407).
Maternal Preference
The mother is the natural custodian of her
young.
The law favors the mother if she is a fit and
proper person to have custody of her children
so that they may not only receive her
attention, care, supervision and kindly
advice, but also may have the advantage and
benefit of a mother’s love and devotion for
which there is no substitute.
No child under seven years of age shall be
separated from the mother, unless the court
finds compelling reasons to order otherwise.
Custody Granted to Others
Custody may even be awarded to persons
who are strangers to the family if such award
would best serve the paramount interest of
the child (Balatbat v. Balatbat, 98 Phil. 998).
No Final Custody Judgment
The custody of minor children are always
open to adjustments as the circumstances
relevant to the matter may demand in the light
of the inflexible criterion, namely, the
paramount interest of the children (Unson III
v. Navarro, 101 SCRA 189; Pablo-Gualberto
v. Gualberto V, G.R. No. 154994, June 28,
2005, 461 SCRA 450).
SUBSTITUTE PARENTAL
AUTHORITY OF GRANDPARENTS
It is a biological fact that grandparents are
bound to their grandchildren by the
unbreakable links of heredity. It is common
human experience that the concern and
interest grandparents take in the welfare of
their grandchildren far exceed anything
explicable in purely biological terms. A very
special relationship often arises and
continues between grandparents and
grandchildren. The tensions and conflicts
which commonly mar relations between
parents and children are often absent between
those very same parents and their
grandchildren. Visits with a grandparent are
often a precious part of a child’s experience
and there are benefits which devolve upon the
grandchild from the relationship with his
grandparents which he cannot derive from
any other relationship. Neither the legislature
nor the court is blind to human truths which
grandparents and grandchildren have always
known (Mimkon v. Ford, 66 N.J. 426, 332 A.
2d 199 [1975]).
FILIAL PRIVILEGE
Art. 215. No descendant shall be compelled,
in a criminal case, to testify against his
parents and grandparents, except when such
testimony is indispensable in a crime, against
the descendant or by one parent against the
other. (315a)
Reason: To foster family unity and
tranquility
Marital Privilege
The husband or the wife, during or after the
marriage, can not be examined without the
consent of the other as to any communication
received in confidence by one from the other
during the marriage, except in a civil case by
one against the other, or in a criminal case for
a crime committed by one against the other or
the latter’s direct descendants or ascendants
(Section 24(a) of Rule 130 of the Rules of
Court).
Reason: the husband and wife are considered
as but one person, and because of this unity,
when one is excluded on the ground of
interest, the other is also excluded; and the
courts are reluctant to sanction any rule
tending to promote domestic dissension
(Merritt v. State, 93 ALR 3d 1005).
Exception: The spouses can testify against
each other in a civil case by one against the
other, or in a criminal case for a crime
committed by one against the other. (People
v. Francisco, 78 Phil. 694)
SUBSTITUTE PARENTAL
AUTHORITY
1. The surviving grandparent;
2. The oldest brother or sister, over
twenty-one years of age, unless unfit
or disqualified; and
3. The child’s actual custodian, over
twenty- ne years of age, unless unfit
or disqualified.
The person exercising substitute parental
authority shall have the same authority over
the person of the child as the parents.
UNFORTUNATE CHILDREN
1. Foundling – a newborn child
abandoned by its parents who are
unknown
2. Abandoned child – one who has no
proper parental care or guardianship,
or whose parents or guardians have
deserted him for a period of a least six
continuous months
3. Neglected child – one whose basic
needs have been deliberately
unattended or inadequately attended
 Physical Neglect – the child is
malnourished, ill clad and without
proper shelter. A child is
unattended when left by himself
without provisions for his needs
and/or without proper supervision
 Emotional Neglect – when
children are mal- treated, raped or
seduced; when children are
exploited, over-worked or made
to work under conditions not
conducive to good health; or are
made to beg in the streets or
public places, or when children
are in moral danger, or exposed to
gambling, prostitution or other
vices
4. Abused child – can come within the
second kind of a neglected child
5. Dependent child – one who is without
a parent, guardian or custodian; or
one whose parent, guardian or other
custodian for good cause desires to be
relieved of his care and custody; and
is dependent upon the public for
support
LIABILITY OF PERSONS
POSSESSING SPECIAL PARENTAL
AUTHORITY
Those given the authority and responsibility
under Art. 218 (schools, administrators,
individual, entity, or institution engaged in
child care) shall be principally and solidarily
liable for damages casued by the acts or
omissions of the unemancipated minor;
parents, judicial guardians or the persons
exercising substitute parental authority over
said minor shall be subsidiarily liable.
Can be exercised only over minors while
under their supervision, instruction or
custody.
Persons and entities given by law special
parental authority are the school, its
administrators and teachers, or the individual,
entity or institution engaged in child care.
Special parental authority can be exercised
only over minors while under their
supervision, instruction or custody. The
authority and supervision also attach to all
authorized activities whether inside or
outside the school, entity or institution.
Defense of Persons with Special Parental
Authority
The liability will not apply if it is proved that
they exercised the proper diligence of a good
father required under special circumstances.
PARENTAL RIGHTS AND DUTIES

Under Article 220 of the Civil Code:
1. To keep them in their company, to
support, educate and instruct them by
right precept and good example, and
to provide for their up-bringing in
keeping with their means;
2. To give them love and affection,
advice and counsel, companionship
and understanding;
3. To provide them with moral and
spiritual guidance, inculcate in them
honesty, integrity, self-discipline,
self-reliance, industry and thrift,
stimulate their interest in civic affairs,
and inspire in them compliance with
the duties of citizenship;
4. To enhance, protect, preserve and
maintain their physical and mental
health at all times;
5. To furnish them with good and
whole-some educational materials,
supervise their activities, recreation
and association with others, protect
them from bad company, and prevent
them from acquiring habits
detrimental to their health, studies
and morals;
6. To represent them in all matters
affecting their interests;
7. To demand from them respect and
obedience;
8. To impose discipline on them as may
be required under the circumstances;
and
9. To perform such other duties as are
imposed by law upon parents and
guardians
Under Art. 46, P.D. No. 603 of the Child and
Youth Welfare Code:
1. to give them affection,
companionship and understanding;
2. to extend to them the benefits of
moral guidance, self-discipline and
religious instruction;
3. to supervise their activities, including
recreation;
4. to inculcate in them the value of
industry, thrift and self-reliance;
5. to stimulate their interest in civic
affairs, teach them the duties of
citizenship, and develop their
commitment to their country;
6. to advise them properly on any matter
affecting their development and well-
being;
7. to always set a good example;
8. to provide them with the adequate
support as defined in the law
particularly the Family Code; and
9. to administer their property, if any,
according to their best interest subject
to the provisions of the Family Code,
particularly Article 225.
Rights of Children
Under Art. 356 of the Civil Code:
1. is entitled to parental care;
2. shall receive at least elementary
education;
3. shall be given moral and civic
training by the parents or guardian;
and
4. has a right to live in an atmosphere
conducive to his physical, moral and
intellectual development.
Under Art. 3, P.D. No. 603 of the Child and
Youth Welfare Code:
1. Every child is endowed with the
dignity and worth of a human being
from the moment of his conception,
as generally accepted in medical
parlance, and has, therefore the rights
to be born well.
2. Every child has a right to a
wholesome family life that will
provide him with love, care and
understanding, guidance and
 counseling, and moral and material
security.
The dependent or abandoned child
shall be provided with the nearest
substitute for a home.
3. Every child has the right to a well-
rounded development of his
personality to the end that he may
become a happy, useful and active
member of society.
The gifted child shall be given
opportunity and encouragement to
develop his special talents.
The emotionally disturbed or socially
maladjusted child shall be treated
with sympathy and understanding,
and shall be entitled to treatment and
competent care.
The physically or mentally
handicapped child shall be given the
treatment, education and care
required by his particular condition.
4. Every child has the right to a balanced
diet, adequate clothing, sufficient
shelter, proper medical attention, and
all the basic physical requirements of
a healthy and vigorous life.
5. Every child has the right to be brought
up in an atmosphere of morality and
rectitude for the enrichment and the
strengthening of his character.
6. Every child has the right to an
education commensurate with his
abilities and to the development of his
skills for the improvement of his
capacity for service to himself and to
his fellowmen.
7. Every child has the right to full
opportunities for safe and wholesome
recreation and activities, individual as
well as social, for the wholesome use
of his leisure hours.
8. Every child has the right to protection
against exploitation, improper
influences, hazards, and other
conditions and circumstances
prejudicial to his physical, mental,
emotional, social and moral
development.
9. Every child has the right to live in a
community and a society that can
offer him an environment free from
pernicious influences and conducive
to the promotion of his health and the
cultivation of his desirable traits and
attributes.
10. Every child has the right to care,
assistance, and protection of the State,
particularly when his parents or
guardians fail or are unable to provide
him with his fundamental needs for
growth, development and
improvement.
11. Every child has the right to an
efficient and honest government that
will deepen his faith in democracy
and inspire him with the morality of
the constituted authorities both in
their public and private lives.
12. Every child has the right to grow up
as a free individual, in an atmosphere
of peace, understanding, tolerance,
and universal brotherhood, and with
the determination to contribute his
share in the building of a better world.
PRIMARY LIABILITY OF PARENTS
Minor children – principally and primarily
liable
Unemancipated children – solidarily liable
Condition: The unemancipated child must be
living in the company of the parents and
under their parental authority.
Exception: Parents must show that they
exercised DILIGENCE OF A GOOD
FATHER OF A FAMILY.
GUARDIAN
A guardianship is a trust relation of the most
sacred character, in which one person, called
a “guardian,” acts for another, called the of the child’s property (Pineda v. Court of
“ward,” whom the law regards as incapable Appeals, 45 SCAD 30, 226 SCRA 754).
of managing his own affairs (39 Am. Jur. 9).
OWNERSHIP
Guardians ad litem are considered officers of Properties that may be earned or acquired by
the court in a limited sense, and the office of a minor child with his work or industry or by
such guardian is to represent the interest or onerous or gratuitous title shall belong to the
the incompetent or the minor (Rivero v. Court child in ownership. It shall be primarily used
of Appeals, G.R. No. 141273, May 17, 2005, for his own welfare, support and education.
458 SCRA 714)
Note: if the child’s property is more than
Selection sufficient to maintain the said child, the said
Appointment of a guardian ad litem is properties may be used to defray the
addressed to the sound discretion of the court collective daily needs of the family.
and designed to assist the court in the
determination of the best interest of the child. Right of Usufruct Over the Child’s Property
The parents, as usufructuary, have the right to
A court cannot appoint a guardian who is not make use of the fruits and income of the
personally subject to its jurisdiction. children’s property but only for the following
purposes:
Rule on Guardianship of Minors – A.M. No. 1. for the child’s support; and
03-02-05-SC 2. for the collective daily needs of the
family.
DISCIPLINARY ACTION
Parents – have the parental duty of ALLOWANCE OF UNEMANCIPATED
undertaking measures to discipline their CHILD
children. Parents who have engaged their
unemancipated children to take care of their
Court – if the children remain incorrigible, properties shall only be entitled to the net
the court may impose drastic disciplinary fruits of the properties so managed.
measures for the child’s improvement and
which the court may provide as warranted TERMINATION OF PARENTAL
under the premises. AUTHORITY
1. Death of the parents
Note: The child is entitled to counsel so that 2. Death of the child
if the child counters that it is in fact his or her Reason: Civil personality is
parents who have been seriously mistreating extinguished by death.
him or her and this fact is proven, parental The effect of death upon the rights
authority of the parents may even be and obligations of the deceased is
suspended or terminated. determined by law, by contract and by
will.
LEGAL GUARDIAN OF MINOR’S 3. Emancipation
PROPERTY Age of majority: 18 years
Regardless of the value of the unemancipated
common child’s property, the father and Effect: Parental authority of permanently
mother ipso jure become the legal guardian terminated.

JUDICIAL TERMINATION OF
PARENTAL AUTHORITY
1. Adoption – all legal ties between the
biological parent(s) and the adoptee
shall be severed and the same shall
then be vested on the adopter(s) upon
the finality of a judicial adoption
decree.
Exception: the biological parent is the
spouse of the adopter
2. Guardianship
3. Judicial declaration of abandonment
of the child
Reason: neglect or refusal to perform
the natural and legal obligations of
care and support which the parents
owe to their children.
4. Divestment by final court judgment –
if the welfare of the children
demands. The decree may only be
issued only upon clean, convincing,
and positive proofs.
5. Judicial declaration of absence or
incapacity
Reason: parental authority cannot be
expected from an absentee or one
who is incapacitated.
SUSPENSION OF PARENTAL
AUTHORITY
1. Conviction of the parent of a crime
which carries the penalty of civil
interdiction
Authority is reinstated upon service
of the penalty or upon pardon or
amnesty of the offender
2. Excessive harshness or cruelty
3. Corrupting orders, counsel, or
example
Reason: It is the duty of the parents to
provide the children with moral and
spiritual guidance, inculcate in them
honesty, integrity and self-discipline
and stimulate them in their interest in
civil affairs.
4. Compels the child to beg
5. Acts of lasciviousness
6. Culpable negligence
If these grounds are present and if the degree
of seriousness so warrants, or the welfare of
the child so demands, the court shall deprive
the guilty party of parental authority or adopt
such other measures 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 or in the same
proceeding if the court finds that the cause
therefor has ceased and will not be repeated.
SEXUAL ABUSE
Parents who sexually abuse or allow their
child to be sexually abused shall be
permanently deprived by court of parental
authority.
CORPORAL PUNISHMENT
The infliction of physical disciplinary
measures to a student.
While a teacher may be administratively or
civilly liable in the event that he or she
inflicts corporal punishment to a student, it
has been held that where there was no
criminal intent on the part of the teacher who
angrily and repeatedly whipped a student
resulting in slight physical injuries to the said
student and where the purpose of the teacher
was to discipline a student, the said teacher
cannot be held feloniously liable for the
criminal offense of slight physical injuries
(Bagajo v. Marave, 86 SCRA 389).
Right of Parents to Inflict Corporal
Punishment
Parents and persons exercising substitute
parental authority can inflict corporal
punishment.
Only persons exercising special parental
authority cannot inflict corporal punishment.
K. Emancipation (Arts. 234 and 236,
Family Code, as amended by R.A. No.
6809 which lowered the age of majority)
EMANCIPATION
Attained upon reaching the age of eighteen
(18) years
Marriage – not a ground for emancipation
because of Article 35(1) of the Family Code
Parental consent required for contracting
marriage until the age of twenty-one (21)
years
L. Retroactivity of the Family Code (Art.
256)
RETROACTIVE EFFECT
The provisions of the Family Code have a
retrospective application
Exception:
Retrospectivity does not apply to vested
rights
Vested rights
Fixed, unalterable, absolute, complete and
unconditional to the exercise of which no
obstacle exists, and which is perfect in itself
and not dependent upon a contingency.
M. Funerals (Arts. 305-310, Civil Code)
ARRANGEMENTS
The duty and right to make arrangements for
the funeral of a relative is devolved to:
1. Spouse
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
(paternal shall have a better right)
4. Brothers and sisters (oldest shall be
preferred)
KINDS OF FUNERAL
The wishes of the deceased shall be followed.
Absence of expression: shall be based on
religious beliefs or affiliation of the deceased.
Reason: Religious beliefs cater to the
spiritual and concept of death of the
deceased.
Every funeral shall be in keeping with the
social position of the deceased.
Reason: The kind of funeral is the last
manifestation of the kind of life which the
deceased has attained and the law sees to it
that those who will be in charge of the funeral
arrangements will accord the right type of
respect due to the deceased.
RESPECT FOR THE DEAD
Art. 308. No human remains shall be re-
tained, interred, disposed of or exhumed
without the consent of the persons mentioned
in Articles 294 and 305.
Art. 309. Any person who allows disrespect
to the dead, or wrongfully interferes with a
funeral shall be liable to the family of the
deceased for damages, material and moral.
Reason: Philippine culture and tradition give
reverence to the dead.
LIABILITY OF CONUGAL
PARTNERSHIP
If the deceased is married, the law clearly
provides that the tombstone or mausoleum
shall be deemed a part of the funeral expenses
and shall be chargeable to the conjugal
partnership property.
N. Use of Surnames
1. Arts. 364-380, Civil Code (other articles
not repealed by Family Code)
LEGITIMATE AND LEGITIMATED
CHILDREN
Legitimate children shall have the right to
bear the surname of the father and mother
Legitimated children shall have the same
rights as legitimate children.
ADOPTED CHILD
An adoptee shall be considered as a
legitimate child.
ILLEGITIMATE CHILDREN
As amended by R.A. No. 9255 – An Act
Allowing Illegitimate Children to Use the
Surname of Their Father
Illegitimate children shall use the surname of
the mother.
Illegitimate children may use the surname of
the father is their filiation has been expressly
recognized by the father through record of
birth appearing in the civil register or when
an admission in a public document or private
handwritten document is made by the father.
The father has the right to institute an action
before the regular courts to prove non-
filiation during his lifetime.
CONCEPTION INSIDE AN
ANNULLABLE MARRIAGE
Legitimate children are those conceived or
born inside a valid marriage. An annullable
marriage is valid until annulled or terminated.
Hence, a child conceived inside a marriage
prior to its annulment is legitimate.
MARRIED WOMAN
May use either of the following:
1. Her maiden first name and surname
and add her husband’s surname; or
2. Her maiden first name and her
husband’s surname; or
3. Her husband’s full name, but
prefixing a word indicating that she is
his wife, such as “Mrs.”
Article 370 is directory and permissive in
character because when a woman gets
married, she does not change her name but
only her civil status. Moreover, this is
consistent with the rule that surname
indicates descent (Remo v. Honorable
Secretary of Foreign Affairs, G.R. No.
169202, March 5, 2010; Yasin v. Honorable
Judge Shari’a District Court, 311 Phil 696,
707)
In Remo v. Honorable Secretary of Foreign
Affairs, G.R. No. 169202, March 5, 2010, the
Supreme Court ruled that, for purposes of
surnames used in the passport, a married
woman who opted to use the surname of her
husband in her passport must continue to use
it in case of renewal. She cannot revert to
using her maiden surname because, pursuant
to Republic Act No. 8239, the law regulating
the issuance of passport, a married woman
who used the surname of her husband in
initially obtaining a passport can change her
surname to her maiden surname in
subsequent renewals only if the marriage
were annulled or nullified or the woman
obtained a valid divorce abroad. The
Supreme Court likewise stated that Republic
Act No. 8239 is a more specific law than the
Civil Code on surnames and therefore the
former should prevail. It is submitted that the
decision of the Supreme Court in the Remo
case should have been the other way around.
The woman should have been allowed to use
her maiden surname. This decision should
not have been decided from the perspective
of mere statutory construction but it should
have been determined from a rights-based
perspective which is more fundamental.
Article 370 of the Civil Code deals with a
fundamental right to the use of a surname by
a woman. Republic Act No. 8239 merely
deals with a procedural rule that does not go
into the intrinsic significance of the
importance of a surname. While it may be
true that a passport is the property of the
State, this is not enough reason to deprive its
citizen of a fundamental right which the State
must also protect.
ANNULMENT
If the wife is the guilty party, she shall resume
her maiden name and surname.
If the wife is the innocent spouse, she may
resume her maiden name and surname.
However, she may choose to continue
employing her former husband’s surname,
unless:
1. The court decrees otherwise, or
2. She or the former husband is married
again to another person
LEGAL SEPARATION
The wife shall continue using her name and
surname employed before the legal
separation.
Reason: In legal separation, the bond of
marriage is not severed.
WIDOW
A widow can use the surname of the husband
as if he were still living in accordance with
Art. 370.
IDENTITY OF NAMES
The younger person shall be obliged to use
such additional name or surname as will
avoid confusion.
IDENTITY OF NAMES BETWEEN
ASCENDANTS AND DESCENDANTS
Only the son can use the word Junior.
Grandsons and other direct male descendants
shall use either:
1. Add a middle name or the mother’s
surname; or
2. Add the Roman numerals II, III, and
so on.
CHANGE OF NAME OR SURNAME
Can be effected through the office of the local
civil registrar reviewable by the office of the
Civil Registrar General, and finally the
Courts.
A change of name is a privilege and not a
matter of right, so that before a person can be
authorized to change his or her name given
either in his or her certificate or civil registry,
he or she must show proper or reasonable
cause or any compelling reason which may
justify such change (Yu Chi Han v. Republic,
15 SCRA 454; Ng Yao Siong v. Republic, 16
SCRA 483)
A change of surname is however, a matter of
judicial discretion which must be exercised in
the light of the reasons adduced and the
consequences that will likely follow (Yu v.
Republic, 17 SCRA 253).
A person should not be allowed to use a
surname which otherwise he is not permitted
to employ under the law (Manuel v. Republic,
1 SCRA 836).
Reasons for Change of Name (Republic v.
Tañada, 42 SCRA 419)
1. a ridiculous name, a name tainted
with dishonor, or a name extremely
difficult to write or pronounce;
2. a change of civil status; and
3. a need to avoid confusion
The purpose of the law in allowing a change
of name or surname is to give a person an
opportunity to improve his or her personality
and to promote his or her best interest
(Calderon v. Republic, 19 SCRA 721).
Effect of Change of Name
A change of name does not alter family
relations, rights or duties, legal capacity, civil
status or citizenship (Calderon v. Republic,
19 SCRA 721).
Nature of Proceedings
Change of name: Section 3 up to 7 of R.A.
No. 9048
Change of surname: a judicial proceeding in
rem
USURPATION OF NAME
Art. 377. Usurpation of a name and surname
may be the subject of an action for damages
and other relief.
Art. 378. The unauthorized or unlawful use of
another person’s surname gives a right of
action to the latter.
Elements:
1. there is an actual use of another’s
name by the defendant;
2. the use is unauthorized; and
3. the use of another’s name is to
designate personality or identify a
person
PEN NAMES OR STAGE NAMES
A person may use a name other than his name
called pen names or stage names. It must be
done in good faith and without injury to third
persons.
People using pen names and stage names can
have a vested right on such names because
the law also provides that it cannot be
usurped.
2. R.A. No. 9255 (An Act Allowing
Illegitimate Children to Use the Surname
of Their Father)
See discussion on Illegitimate Children on
Use of Surnames
O. Absence
1. Art. 41, Family Code
EXCEPTIONS TO A SUBSEQUENT
BIGAMOUS MARRIAGE
1. The prior spouse of the contracting
party must have been absent for four
consecutive years, or two years where
there is danger of death under the
circumstances stated in Article 391 of
the Civil Code at the time of
disappearance;
2. The spouse present has a well-
founded belief that the absent spouse
is already dead; and
3. There is a judicial declaration of
presumptive death of the absentee for
which purpose the spouse present can
institute a summary proceeding in
court to ask for that declaration.
Judicial Declaration of Presumptive Death –
needed to contract another marriage,
otherwise the subsequent marriage is void ab
initio for being a bigamous marriage.
2. Art. 381-389, Civil Code
COURT APPOINTMENT
The appointment of a representative of an
absentee be made by way of court order
The spouse must file an application for
appointment with the courts with respect to
the properties of his or her very own absent
spouse (note: if there is no legal separation,
the spouse present is preferred)
JUDICIAL DECLARATION OF
ABSENCE
Necessary for interested persons to be able to
protect their rights, interests, and benefits in
connection with the person who has
disappeared
THE FOLLOWING MAY ASK FOR
THE DECLARATION OF ABSENCE
(Art. 385)
1. Present spouse
2. Testamentary heirs
3. Intestate heirs
4. Interested party – those who may
have over the property of the absentee
some right subordinated to the
condition of his death.
Effectivity of Judicial Declaration – shall not
take effect until six (6) months after its
publication in a newspaper of general
circulation.
4. In danger of death under other
circumstances
APPEARANCE OF ABSENTEE
Art. 392. If the absentee appears, or without
appearing his existence is proved, he shall
recover his property in the condition in which
it may be found, and the price of any property
that may have been alienated or the property
acquired therewith; but he cannot claim
either fruits or rents.

Note: Absence of the absentee shall be

counted not from the effectivity of the
judicial decree but from the date on which the
last news of the absentee was received (Jones
v. Hortiguela, 64 Phil. 179).

PROHIBITION OF ALIENATION

Administration shall cease in the following

cases:
1. Appearance of absentee
2. Death
3. Superior interest

3. Art. 390-392, Civil Code (Presumption

of Death)

ABSENCE IN ART. 390

Death is presumed if the “absence” of a
person from his domicile when unheard of
lasted for 7 years

PERSONS PRESUMED DEAD

Missing persons for 4 years:
1. On board a vessel lost during a sea
voyage
2. On board a lost aeroplane
3. In the armed forces who has taken
part in a war