Basic Law on Persons & Family- According to the Civil Code of the Philippines

The effects provided for by paragraphs 2 , 3 , 4 and 5 of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles and In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime.

The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate.

Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. The petition for legal separation shall be denied on any of the following grounds:. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable.

No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. In any case, the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other. The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property.

The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. During the pendency of the action for legal separation, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children.

The decree of legal separation shall have the following effects:. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation become final. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. The reconciliation referred to in the preceding Articles shall have the following consequences:.

The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify:. The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. The husband and wife shall fix the family domicile.

In case of disagreement, the court shall decide. The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. The spouses are jointly responsible for the support of the family.

The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties. The management of the household shall be the right and the duty of both spouses.

The expenses for such management shall be paid in accordance with the provisions of Article When 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.

Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds. In case of disagreement, the court shall decide whether or not:. 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.

In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions of Articles 66, 67, , and The marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties.

A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code.

For the validity of any marriage settlement executed by 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 a competent court to be made a party thereto. In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.

If the future spouses agree upon a regime other than the absolute community of property, they cannot donate to each other in their marriage settlements more than one-fifth of their present property. Any excess shall be considered void. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills.

Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donee shall not be liable for the deficiency. If the property is sold for more than the total amount of said obligation, the donee shall be entitled to the excess.

A donation by reason of marriage may be revoked by the donor in the following cases:. No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property. When the waiver takes place upon a judicial separation of property, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument and shall be recorded as provided in Article The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits.

The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. The following shall be excluded from the community property:. However, jewelry shall form part of the community property;. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse.

In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.

Either spouse may dispose by will of his or her interest in the community property. Neither spouse may donate any community property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the community property for charity or on occasions of family rejoicing or family distress. The absolute community terminates:. 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.

The obligations to the family mentioned in the preceding paragraph refer to marital, parental or property relations. A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article For purpose of computing the net profits subject to forfeiture in accordance with Articles 43, No.

Children below the age of seven years are deemed to have chosen the mother, unless the court has decided otherwise. In case there in no such majority, the court shall decide, taking into consideration the best interests of said children. If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse.

If upon the lapse of the six months period, no liquidation is made, any disposition or encumbrance involving the community property of the terminated marriage shall be void. Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. Whenever the liquidation of the community properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence.

In case of doubt as to which community the existing properties belong, the same shall be divided between the different communities in proportion to the capital and duration of each. The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Article Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements.

The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements. Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located.

A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same. The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.

Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper.

If the donations are onerous, the amount of the charges shall be borne by the exclusive property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case.

The following are conjugal partnership properties:. However, losses therefrom shall be borne exclusively by the loser-spouse. Whenever an amount or credit payable within a period of time belongs to one of the spouses, the sums which may be collected during the marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse.

However, interests falling due during the marriage on the principal shall belong to the conjugal partnership. The ownership of improvements, whether for utility or adornment, made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership, or to the original owner-spouse, subject to the following rules:.

In either case, the ownership of the entire property shall be vested upon the reimbursement, which shall be made at the time of the liquidation of the conjugal partnership. The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family. Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership. However, the payment of personal debts contracted by either spouse before the marriage, that of fines and indemnities imposed upon them, as well as the support of illegitimate children of either spouse, may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership, such spouse shall be charged for what has been paid for the purpose above-mentioned.

Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether permitted or prohibited by law, shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. Neither spouse may donate any conjugal partnership property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress.

The spouse present shall, upon 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. A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. In case of insufficiency of said assets, the spouses shall be solidarily liable for the unpaid balance with their separate properties, in accordance with the provisions of paragraph 2 of Article In case there is no such majority, the court shall decide, taking into consideration the best interests of said children.

If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. If upon the lapse of the six-month period no liquidation is made, any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void. Whenever the liquidation of the conjugal partnership properties of two or more marriages contracted by the same person before the effectivity of this Code is carried out simultaneously, the respective capital, fruits and income of each partnership shall be determined upon such proof as may be considered according to the rules of evidence.

In case of doubt as to which partnership the existing properties belong, the same shall be divided between the different partnerships in proportion to the capital and duration of each. The Rules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in this Chapter.

From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them. Any of the following shall be considered sufficient cause for judicial separation of property:.

The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains, and for the separation of their common properties. All creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouse, shall be listed in the petition and notified of the filing thereof.

The court shall take measures to protect the creditors and other persons with pecuniary interest. Once the separation of property has been decreed, the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code. During the pendency of the proceedings for separation of property, the absolute community or the conjugal partnership shall pay for the support of the spouses and their children. After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply.

The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and registries of property. The separation of property shall not prejudice the rights previously acquired by creditors. The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances:.

No voluntary separation of property may thereafter be granted. The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse:. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community.

Each spouse 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. 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 liabilities of the spouses to creditors for family expenses shall, however, be solidary. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, 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.

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. 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.

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In all cases, the forfeiture shall take place upon termination of the cohabitation. In cases of cohabitation not falling under the preceding Article, 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.

In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit. 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 shall be forfeited in the manner provided in the last paragraph of the preceding Article. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. Family relations include those:.

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This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. The beneficiaries of a family home are:. Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home.

The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law. In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis of evaluation.

For purposes of this Article, urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. All others are deemed to be rural areas. The family home may be sold, alienated, donated, assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same, the latter's spouse, and a majority of the beneficiaries of legal age.

In case of conflict, the court shall decide. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor.

This rule shall apply regardless of whoever owns the property or constituted the family home. When a creditor whose claims is not among those mentioned in Article 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 , 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 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 , and then to the liabilities under the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor. For purposes of availing of the benefits of a family home as provided for in this Chapter, a person may constitute, or be the beneficiary of, only one family home.

The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. Children conceived or born during the marriage of the parents are legitimate. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child.

Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. Legitimacy of a child may be impugned only on the following grounds:. If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary:.

The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier.

The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases:. Legitimate children shall have the right:. The action must be brought within the same period specified in Article , except when the action is based on the second paragraph of Article , in which case the action may be brought during the lifetime of the alleged parent.

Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.

Legitimated children shall enjoy the same rights as legitimate children. The effects of legitimation shall retroact to the time of the child's birth. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. Only minors may be adopted, except in the cases when the adoption of a person of majority age is allowed in this Title. In addition, the adopter must be at least sixteen years older than the person to be adopted, unless the adopter is the parent by nature of the adopted, or is the spouse of the legitimate parent of the person to be adopted.

The following persons may not adopt:. Husband and wife must jointly adopt, except in the following cases:. The following may not be adopted:. The adopters may petition the court for the judicial rescission of the adoption in any of the following cases:. Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption.

The court shall accordingly order the amendment of the records in the proper registries. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority.

Transportation shall include expenses in going to and from school, or to and from place of work. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:. In case of legitimate ascendants; descendants, whether legitimate or illegitimate; and brothers and sisters, whether legitimately or illegitimately related, only the separate property of the person obliged to give support shall be answerable provided that in case the obligor has no separate property, the absolute community or the conjugal partnership, if financially capable, shall advance the support, which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership.

During the proceedings for legal separation or for annulment of marriage, and for declaration of nullity of marriage, the spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. After the final judgment granting the petition, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, specifying the terms of such order. Whenever two or more persons are obliged to give support, the liability shall devolve upon the following persons in the order herein provided:.

However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them. 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 the preceding article shall 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.

The amount of support, in the cases referred to in Articles and , shall be in proportion to the resources or means of the giver and to the necessities of the recipient. Support in the cases referred to in the preceding article shall 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. The obligation to give support shall be demandable 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.

Support pendente lite may be claimed in accordance with the Rules of Court. Payment shall be made within the first five days of each corresponding month or when the recipient dies, his heirs shall not be obliged to return what he has received in advance. The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed, or by receiving and maintaining in the family dwelling the person who has a right to receive support.

The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. The right to receive support under this Title as well as any money or property obtained as such support shall not be levied upon on attachment or execution. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it without intention of being reimbursed.

When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. This Article shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed. In case of contractual support or that given by will, the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution.

Furthermore, contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.

In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. In case of separation of the parents, parental authority shall be exercised by the parent designated by the Court.

The Court shall take into account all relevant considerations, especially the choice of the child over seven years of age, unless the parent chosen is unfit. In case of death, absence or unsuitability of the parents, substitute parental authority shall be exercised by the surviving grandparent. In case several survive, the one designated by the court, taking into account the same consideration mentioned in the preceding article, shall exercise the authority. 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.

In case of foundlings, abandoned neglected or abused children and other children similarly situated, parental authority shall be entrusted in summary judicial proceedings to heads of children's homes, orphanages and similar institutions duly accredited by the proper government agency. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. The parents or, in their absence or incapacity, the individual, entity or institution exercising parental authority, may petition the proper court of the place where the child resides, for an order providing for disciplinary measures over the child.

The child shall be entitled to the assistance of counsel, either of his choice or appointed by the court, and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. However, if in the same proceeding the court finds the petitioner at fault, irrespective of the merits of the petition, or when the circumstances so warrant, the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper.

The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. Upon proper petition or at its own instance, the court may terminate the commitment of the child whenever just and proper.

A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated. The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.

The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education, unless the title or transfer provides otherwise.

The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner.

The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus give in whole or in part shall not be charged to the child's legitime.

The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same:. 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. If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse, such person shall be permanently deprived by the court of such authority. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. In no case shall the school administrator, teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child.

Such emancipation shall be irrevocable. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life. The annulment or declaration of nullity of the marriage of a minor or of the recorded agreement mentioned in the foregoing. Articles and shall revive the parental authority over the minor but shall not affect acts and transactions that took place prior to the recording of the final judgment in the Civil Register.

The petition shall attach the proposed deed, if any, embodying the transaction, and, if none, shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. In any case, the final deed duly executed by the parties shall be submitted to and approved by the court. Claims for damages by either spouse, except costs of the proceedings, may be litigated only in a separate action. Jurisdiction over the petition shall, upon proof of notice to the other spouse, be exercised by the proper court authorized to hear family cases, if one exists, or in the regional trial court or its equivalent sitting in the place where either of the spouses resides.

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Upon the filing of the petition, the court shall notify the other spouse, whose consent to the transaction is required, of said petition, ordering said spouse to show cause why the petition should not be granted, on or before the date set in said notice for the initial conference. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. After the initial conference, if the court deems it useful, the parties may be assisted by counsel at the succeeding conferences and hearings.

In case of non-appearance of the spouse whose consent is sought, the court shall inquire into the reasons for his failure to appear, and shall require such appearance, if possible. If, despite all efforts, the attendance of the non-consenting spouse is not secured, the court may proceed ex parte and render judgment as the facts and circumstances may warrant.

In any case, the judge shall endeavor to protect the interests of the non-appearing spouse. If the petition is not resolved at the initial conference, said petition shall be decided in a summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound discretion of the court.

If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. The judgment of the court shall be immediately final and executory. The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules. Such petitions shall be verified and filed in the proper court of the place where the child resides. Upon the filing of the petition, the court shall notify the parents or, in their absence or incapacity, the individuals, entities or institutions exercising parental authority over the child.

The rules in Chapter 2 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. If any provision of this Code is held invalid, all the other provisions not affected thereby shall remain valid. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.

This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the Executive Secretary, Office of the President. Chan Robles Virtual Law Library. Either party is i nflicted with a sexually transmissible disease STD.

Prosecuting attorney or fiscal should: Take steps to prevent collusion between the parties. Take care that evidence is not fabricated or suppressed. The following must be accomplished: Partition and distribution of the properties of the spouses. Recording of the judgment of annulment or absolute nullity. There will be collusion only if the parties had arranged to make it appear that a ground existed or had been committed although it was not, or if the parties had connived to bring about a matrimonial case even in the absence of grounds therefore.

A grant of annulment of marriage or legal separation by default is fraught with danger of collusion. If the defendant spouse fails to answer the complaint, the court cannot declare him or her in default but instead, should order the prosecuting attorney to determine if collusion exists between the parties. Under these circumstances, the non-intervention of a prosecuting attorney to assure lack of collusion between the contending parties is not fatal to the validity of the proceedings in the trial court.

CA, GR , April 10, Cooling-off Period — 6 months period designed to give the parties enough time to further contemplate their positions with the end in view of attaining reconciliation between them. Grounds for denial of petition: D eath of either party during the pendency of the case Lapuz-Sy vs. R econciliation of the spouses during the pendency of the case. Effects of filing petition: The spouses shall be entitled to live separately from each other.

The husband shall have no more right to have sexual intercourse with his wife. In the absence of an agreement between the parties, the court shall designate the husband, the wife, or a 3 rd person to manage the absolute community or conjugal partnership property. Effects of decree of legal separation: The spouses shall be entitled to live separately from each other but the marriage bond is not severed. The absolute community or conjugal partnership shall be dissolved and liquidated.

The custody of the minor children shall be awarded to the innocent spouse subject to the provisions of Art. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession and the provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. Effects of Reconciliation of the Spouses: The legal separation proceedings, if still pending, shall thereby be terminated at whatever stage. The final decree of legal separation shall be set aside, but the separation of property and any forfeiture of share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.

Donations by Reason of Marriage. Governed by the rules on ordinary donations except that if future property is donated, it must conform with formalities of wills. Governed by rules on donations Arts. No limit except that donor shall leave property enough for his support.

May be included provided donation is mortis causa. VOID, either direct or indirect donation. This rule also applies to common-law spouses. Article 87, Family Code. System of Absolute Community AC. This is so because it is more in keeping with Filipino culture. Community property shall consist of all property owned by the spouses at the time of the marriage or acquired thereafter. No waiver of rights allowed during the marriage except in case of judicial separation of property. The waiver must be in a public instrument. Administration of the community property.

It shall belong to both spouses jointly. In case one spouse is incapacitated or unable to participate in the administration of the common properties, other spouse may assume sole powers. These powers do not include: Any alienation or encumbrance is void if without the written consent of the other spouse.

Rule on Game of Chance. Shall be borne by the loser-spouse and shall not be charged to the community property. Shall form part of the community property. Steps in Liquidation of AC: Inventory of Community Property. Inventory of separate property of the wife. Inventory of separate property of the husband. P ayment of Community Debts. D ivision of the net community assets. Delivery of p resumptive legitimes, if any, to the children. Conjugal Partnership of Gains CP. Exclusive Property Of Each Spouse: Reverse Accession — if the cost of the improvement and the plus value is more than the value of the principal property at the time of the improvement, the property becomes conjugal.

Accession — if the cost of the improvement of the plus value is equal to or less than the value of the principal property at the time of the improvement, the entire property becomes the exclusive property of the spouse. I nventory of the Conjugal Partnership of Gains assets. R estitution of advances made to each spouse. Payment of d ebts to each spouse. Payment of o bligations to third parties.

D elivery of exclusive properties. Payment of l osses and deterioration of movables belonging to each spouse. Delivery of p resumptive legitimes. D ivision of the net conjugal partnership properties. Property bought on installments paid partly from exclusive funds of the spouses and partly form conjugal funds: Support for family except for illegitimate children of either spouse;. Debts and obligations which must have been contracted: Debts and obligations without marital consent provided the family was benefited;. All taxes, liens, charges and expenses including major or minor repairs upon the community or conjugal property;.

However, in conjugal partnership, actual use need not be proved because it is presumed. All taxes and expenses for mere preservation made during the marriage upon the exclusive property of either spouse used by the family;. Expenses for education or self-improvement of either spouse;. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family;.

The value of what is donated or promised by both spouses in favor of their common legitimate children for education or self-improvement; and. Expenses of litigation between spouses unless found to be groundless. The separate properties shall be solidarily and subsidiarily liable for the obligations if the community or conjugal properties are insufficient. The absolute community property shall also be liable for ante-nuptial debts mentioned above, support of illegitimate children, and liabilities incurred by either spouse by reason of a crime or quasi-delict in case of insolvency of the exclusive property of the debtor-spouse.

Payment of which shall be advanced by the absolute community property, subject to deduction from the share of the debtor-spouse. The conjugal partnership property shall likewise be liable for the payment of the personal debts of either spouse insofar as they have redounded to the benefit of the family. Indirect benefits that might accrue to a husband in his signing a surety or guarantee agreement not in favor of the family but in favor of his employer corporation are not the benefits that can be considered as giving a direct advantage accruing to the family.

Hence, the creditors cannot go against the conjugal partnership property of the husband in satisfying the obligation subject of the surety agreement. A contrary view would put in peril the conjugal partnership property by allowing it to be given gratuitously as in cases of donation of conjugal partnership property, which is prohibited. Regime of Separation of Property.

The spouses contribute to the family expenses proportionately with their income and the value of their properties. However, the liability of the spouses to the creditors for family expenses is solidary. Property Regime of Unions Without Marriage. Void marriages due to absence of formal requisite. With legal impediment to marry.

Bigamous or polygamous marriages. Incestuous void marriages under Art. Void marriages by reason of public policy under Art. Owned in equal shares. Separately owned by the parties. Property Acquired Exclusively by Either Party. Belongs to such party. Property Acquired by Both Parties. Governed by the rules on co-ownership. Owned by them in common in proportion to their respective contributions. Presumption of joint acquisition and equal sharing as to property acquired while they live together.

No presumption of joint acquisition. When there is evidence of joint acquisition but none as to the extent of actual contribution, there is a presumption of equal sharing. When only one of the parties is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited: If the party who acted in. It must be stressed that actual contribution is required by this provision, in contrast to Art.

If the actual contribution of the party is not proved, there will be no co-ownership and no presumption of equal shares. Hence, mere cohabitation without proof of contribution will not result in a co-ownership.

Civil Code of the Philippines: An Overview

The family home is exempt from execution, forced sale or attachment. Only those who are conceived or born during a valid marriage. Those children who are. Conceived as a result of a rtificial insemination. Born of a v oidable marriage before decree of annulment. C onceived or born before judgment of annulment or absolute nullity under Art. C onceived or born of subsequent marriage under Art. Of mothers who may have declared against its legitimacy or was sentenced as an a dultress.

L egitimated, conceived and born outside of wedlock of parents without impediment at the time of conception and had subsequently married. Those conceived and born outside a valid marriage are illegitimate. Rules on Impugning Legitimacy. Only the husband may impugn. The heirs, if the husband dies before the end of the prescription of the action, or after filing complaint, or child was born after death. The question of legitimacy cannot be collaterally attacked, it can be impugned only in a direct action. Rule on the Status of Children born after days following Termination of Marriage.

Rules as to whom the child belongs. Filiation of legitimate or illegitimate children is established by any of the following: The r ecord of birth appearing in the civil registrar or a final judgment. An a dmission of legitimate or illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of any of the foregoing evidence, such legitimate or illegitimate filiation shall be proved by: O pen and continuous possession of the status of a legitimate or illegitimate child;.

A ny other means allowed by the Rules of Court and special laws. Continuous does not mean that the concession of status shall continue forever but only that it shall not be of an intermittent character while it is continuous. The possession of such status means that the father has treated the child as his own, directly and not through others, spontaneously and without concealment though without publicity. There must be a showing of permanent intention of the supposed father to consider the child as his own by continuous and clear manifestation of paternal affection and care.

The paternal affection and care must not be attributed to pure charity. The SC in Lim vs. CA , ruled that petitioner was the father of his illegitimate children because the evidences convincingly show this. Hence, it was the petitioner who paid the bills for the hospitalization of the mother when she gave birth. He was the one who caused the registration of the name of the child using his surname in the birth certificate. CA For a baptismal certificate to be proof of filiation under the Rules of Court, it must be shown that the father therein participated in the preparation of the same.

A birth certificate not signed by the alleged father indicated in said certificate is not competent evidence of paternity. Proof of filiation of petitioners to the late Enrique Baluyut is not sufficient to confer upon them any hereditary right in the estate of the deceased. What is necessary to be established by an illegitimate not natural child in order that he may be entitled to successional rights under Art of NCC, is not the fact of his bare filiation but a filiation acknowledged by the putative parent.

Rights of the Children. Receive support from parents.

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Receive support according to FC. Illegitimate children may use the surname of their father if: The child is i llegitimate. Domestic Adoption Act of Rule on Adoption by Spouses. Who may be adopted: Effectivity of Decree of Adoption. It applies also in case the petitioner s dies before the issuance of the decree of adoption to protect the interest of the adoptee. S everance of legal ties between the biological parents and the adoptee and the same shall be vested in the adopters.

A doptee shall be considered as a legitimate child of the adopter s for all intents and purposes. In l egal or intestate succession, the adoptee and the adopter s shall have reciprocal rights of succession without distinction from legitimate filiation. However, if there is a will, the rules on testamentary succession shall be followed.

Only the adoptee is given the right to rescind the decree of adoption. The adopter can NOT rescind the decree of the adoption but he or she may disinherit the adoptee. Reciprocal rights and obligations of the adopter s and the adoptee to each other shall be extinguished. The amended certificate of birth of the adoptee shall be cancelled and its original shall be restored. Succession rights shall revert to its status prior to the adoption, but vested rights shall not be affected. Inter-Country Adoption Act of R. No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally.

Convention on the Rights of a Child, and to abide by the rules and regulations issued to implement the Inter-Country Adoption Act. For a comprehensive discussion of the procedural aspects of adoption, please refer to A. F everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family. Legal — that which is required or given by law.

Judicial — required by the court to be given whether pendente lite or in a final judgment. Conventional — given by agreement. N ot subject to waiver or compensation. E xempt from attachment or execution. R eciprocal on the part of those who are by law bound to support each other. Persons obliged to support each other: Support shall be in proportion to the resources or means of the giver and to the necessities of the recipient. Order of liability if several persons are obliged to give support: When the obligation to give support falls upon 2 or more persons payment shall be divided between them in proportion to the resources of each, but in case of urgent need and special circumstances, the court may order one of them to furnish the support provisionally subject to the right to claim from the other obligors the share due them.

When two or more recipients at the same time claim for support and the obligor does not have sufficient means to satisfy all claims: Rules as to the exercise of PA: If the child is illegitimate, parental authority is with the mother. Rule in case of legal separation of parents: No child under 7 years of age shall be separated from the mother.

When the court finds compelling reason to order otherwise. Paramount consideration in matters of custody of a child is the welfare and well-being of the child. Persons Exercising Substitute PA: Persons Exercising Special PA: Parental authority and responsibility are inalienable and may not be transferred and renounced except in cases authorized by law. Kinds of Properties of a Minor. The petitioner finds the first name or nickname to be ridiculous, tainted with dishonour or extremely difficult to write or pronounce.

The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community. The change will avoid confusion. Please refer to Remedial Law Memory Aid for a comprehensive discussion of the procedural aspects of change of name. For all purposes including those of opening succession, a period of 4 YEARS , and for purposes of remarriage of the spouse present, a period of 2 YEARS , is sufficient under the following circumstances: Civil Law Persons and Family Relations.

U nless the law otherwise provides 2. C urative statutes 3. I nterpretative statutes 4.