I, CORAZON C.

AQUINO, President of the Philippines, by virtue of the powers

vested in me by the Constitution, do hereby order and promulgate the Family
Code of the Philippines, as follows:

TITLE I
MARRIAGE

Chapter 1. Requisites of Marriage

Article 1. Marriage is a special contract of permanent union between a man

and a woman entered into in accordance with law for the establishment of
conjugal and family life. It is the foundation of the family and an inviolable
social institution whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage settlements may fix
the property relations during the marriage within the limits provided by this
Code. (52a)

Art. 2. No marriage shall be valid, unless these essential requisites are

present:
(1) Legal capacity of the contracting parties who must be a male and a
female; and

(2) Consent freely given in the presence of the solemnizing officer. (53a)
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter
2 of this Title; and

(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. (53a, 55a)
Art. 4. The absence of any of the essential or formal requisites shall render
the marriage void ab initio, except as stated in Article 35 (a).

A defect in any of the essential requisites shall render the marriage voidable
as provided in Article 45.

An irregularity in the formal requisites shall not affect the validity of the
marriage but the party or parties responsible for the irregularity shall be
civilly, criminally administratively liable. (n)

Art. 5. Any male or female of the age of eighteen years or upwards not under
any of the impediments mentioned in Articles 37 and 38, may contract
marriage. (54a)
Art. 6. No prescribed form or religious rite for the solemnization of the
marriage is required. It shall be necessary, however, for the contracting
parties to appear personally before the solemnizing officer and declare in the
presence of not less than two witnesses of legal age that they take each
other as husband and wife. This declaration shall be contained in the
marriage certificate which shall be signed by the contracting parties and their
witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at the point of death
is unable to sign the marriage certificate, it shall be sufficient for one of the
witnesses to the marriage to write the name of said party, which fact shall be
attested by the solemnizing officer. (55a)

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court's
jurisdiction;

(2) Any priest, rabbi, imam, or minister of any church or religious sect
duly authorized by his church or religious sect and registered with the
civil registrar general, acting within the limits of the written authority
granted by his church or religious sect and provided that at least one
of the contracting parties belongs to the solemnizing officer's church or
religious sect;

(3) Any ship captain or airplane chief only in the case mentioned in
Article 31;

(4) Any military commander of a unit to which a chaplain is assigned,

in the absence of the latter, during a military operation, likewise only
in the cases mentioned in Article 32;

(5) Any consul-general, consul or vice-consul in the case provided in

Article 10. (56a)
Article. 8. The marriage shall be solemnized publicly in the chambers of the
judge or in open court, in the church, chapel or temple, or in the office the
consul-general, consul or vice-consul, as the case may be, and not
elsewhere, except in cases of marriages contracted on the point of death or
in remote places in accordance with Article 29 of this Code, or where both of
the parties request the solemnizing officer in writing in which case the
marriage may be solemnized at a house or place designated by them in a
sworn statement to that effect. (57a)

Art. 9. A marriage license shall be issued by the local civil registrar of the city
or municipality where either contracting party habitually resides, except in
marriages where no license is required in accordance with Chapter 2 of this
Title. (58a)

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a

consul-general, consul or vice-consul of the Republic of the Philippines. The
issuance of the marriage license and the duties of the local civil registrar and
of the solemnizing officer with regard to the celebration of marriage shall be
performed by said consular official. (75a)

Art. 11. Where a marriage license is required, each of the contracting parties
shall file separately a sworn application for such license with the proper local
civil registrar which shall specify the following:
(1) Full name of the contracting party;

(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 party has neither father nor
mother and is under the age of twenty-one years.
The applicants, their parents or guardians shall not be required to exhibit
their residence certificates in any formality in connection with the securing of
the marriage license. (59a)

Art. 12. The local civil registrar, upon receiving such application, shall require
the presentation of the original birth certificates or, in default thereof, the
baptismal certificates of the contracting parties or copies of such documents
duly attested by the persons having custody of the originals. These
certificates or certified copies of the documents by this Article need not be
sworn to and shall be exempt from the documentary stamp tax. The
signature and official title of the person issuing the certificate shall be
sufficient proof of its authenticity.

If either of the contracting parties is unable to produce his birth or baptismal

certificate or a certified copy of either because of the destruction or loss of
the original or if it is shown by an affidavit of such party or of any other
person that such birth or baptismal certificate has not yet been received
though the same has been required of the person having custody thereof at
least fifteen days prior to the date of the application, such party may furnish
in lieu thereof his current residence certificate or an instrument drawn up and
sworn to before the local civil registrar concerned or any public official
authorized to administer oaths. Such instrument shall contain the sworn
declaration of two witnesses of lawful age, setting forth the full name,
residence and citizenship of such contracting party and of his or her parents,
if known, and the place and date of birth of such party. The nearest of kin of
the contracting parties shall be preferred as witnesses, or, in their default,
persons of good reputation in the province or the locality.

The presentation of birth or baptismal certificate shall not be required if the

parents of the contracting parties appear personally before the local civil
registrar concerned and swear to the correctness of the lawful age of said
parties, as stated in the application, or when the local civil registrar shall, by
merely looking at the applicants upon their personally appearing before him,
be convinced that either or both of them have the required age. (60a)

Art. 13. In case either of the contracting parties has been previously married,
the applicant shall be required to furnish, instead of the birth or baptismal
certificate required in the last preceding article, the death certificate of the
deceased spouse or the judicial decree of the absolute divorce, or the judicial
decree of annulment or declaration of nullity of his or her previous marriage.

In case the death certificate cannot be secured, the party shall make an
affidavit setting forth this circumstance and his or her actual civil status and
the name and date of death of the deceased spouse. (61a)

Art. 14. In case either or both of the contracting parties, not having been
emancipated by a previous marriage, are between the ages of eighteen and
twenty-one, they shall, in addition to the requirements of the preceding
articles, exhibit to the local civil registrar, the consent to their marriage of
their father, mother, surviving parent or guardian, or persons having legal
charge of them, in the order mentioned. Such consent shall be manifested in
writing by the interested party, who personally appears before the proper
local civil registrar, or in the form of an affidavit made in the presence of two
witnesses and attested before any official authorized by law to administer
oaths. The personal manifestation shall be recorded in both applications for
marriage license, and the affidavit, if one is executed instead, shall be
attached to said applications. (61a)

Art. 15. Any contracting party between the age of twenty-one and twenty-
five shall be obliged to ask their parents or guardian for advice upon the
intended marriage. If they do not obtain such advice, or if it be unfavorable,
the marriage license shall not be issued till after three months following the
completion of the publication of the application therefor. A sworn statement
by the contracting parties to the effect that such advice has been sought,
together with the written advice given, if any, shall be attached to the
application for marriage license. Should the parents or guardian refuse to
give any advice, this fact shall be stated in the sworn statement. (62a)

Art. 16. In the cases where parental consent or parental advice is needed,
the party or parties concerned shall, in addition to the requirements of the
preceding articles, attach a certificate issued by a priest, imam or minister
authorized to solemnize marriage under Article 7 of this Code or a marriage
counselor duly accredited by the proper government agency to the effect that
the contracting parties have undergone marriage counseling. Failure to
attach said certificates of marriage counseling shall suspend the issuance of
the marriage license for a period of three months from the completion of the
publication of the application. Issuance of the marriage license within the
prohibited period shall subject the issuing officer to administrative sanctions
but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental
advice, the other party must be present at the counseling referred to in the
preceding paragraph. (n)

Art. 17. The local civil registrar shall prepare a notice which shall contain the
full names and residences of the applicants for a marriage license and other
data given in the applications. The 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.
This 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. (63a)

Art. 18. In case of any impediment known to the local civil registrar or
brought to his attention, he shall note down the particulars thereof and his
findings thereon in the application for marriage license, but shall nonetheless
issue said license after the completion of the period of publication, unless
ordered otherwise by a competent court at his own instance or that of any
interest party. No filing fee shall be charged for the petition nor a
corresponding bond required for the issuances of the order. (64a)

Art. 19. The local civil registrar shall require the payment of the fees
prescribed by law or regulations before the issuance of the marriage license.
No other sum shall be collected in the nature of a fee or tax of any kind for
the issuance of said license. It shall, however, be issued free of charge to
indigent parties, that is those who have no visible means of income or whose
income is insufficient for their subsistence a fact established by their
affidavit, or by their oath before the local civil registrar. (65a)

Art. 20. The license shall be valid in any part of the Philippines for a period of
one hundred twenty days from the date of issue, and shall be deemed
automatically canceled at the expiration of the said period if the contracting
parties have not made use of it. The expiry date shall be stamped in bold
characters on the face of every license issued. (65a)
Art. 21. When either or both of the contracting parties are citizens of a
foreign country, it shall be necessary for them before a marriage license can
be obtained, to submit a certificate of legal capacity to contract marriage,
issued by their respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the

certificate of legal capacity herein required, submit an affidavit stating the
circumstances showing such capacity to contract marriage. (66a)

Art. 22. The marriage certificate, in which the parties shall declare that they
take each other as husband and wife, shall also state:
(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 marriage 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 marriage settlement, if any,
attaching a copy thereof. (67a)
Art. 23. It shall be the duty of the person solemnizing the marriage to furnish
either of the contracting parties the original of the marriage certificate
referred to in Article 6 and to send the duplicate and triplicate copies of the
certificate not later than fifteen days after the marriage, to the local civil
registrar of the place where the marriage was solemnized. Proper receipts
shall be issued by the local civil registrar to the solemnizing officer
transmitting copies of the marriage certificate. The solemnizing officer shall
retain in his file the quadruplicate copy of the marriage certificate, the copy
of the marriage certificate, the original of the marriage license and, in proper
cases, the affidavit of the contracting party regarding the solemnization of
the marriage in place other than those mentioned in Article 8. (68a)

Art. 24. It shall be the duty of the local civil registrar to prepare the
documents required by this Title, and to administer oaths to all interested
parties without any charge in both cases. The documents and affidavits filed
in connection with applications for marriage licenses shall be exempt from
documentary stamp tax. (n)
Art. 25. The local civil registrar concerned shall enter all applications for
marriage licenses filed with him in a registry book strictly in the order in
which the same are received. He shall record in said book the names of the
applicants, the date on which the marriage license was issued, and such
other data as may be necessary. (n)

Art. 26. All marriages solemnized outside the Philippines, in accordance with
the laws in force in the country where they were solemnized, and valid there
as such, shall also be valid in this country, except those prohibited under
Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly

celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law. (As amended by Executive Order 227)

Chapter 2. Marriages Exempted from License Requirement

Art. 27. In case either or both of the contracting parties are at the point of
death, the marriage may be solemnized without necessity of a marriage
license and shall remain valid even if the ailing party subsequently survives.
(72a)

Art. 28. If the residence of either party is so located that there is no means
of transportation to enable such party to appear personally before the local
civil registrar, the marriage may be solemnized without necessity of a
marriage license. (72a)

Art. 29. In the cases provided for in the two preceding articles, the
solemnizing officer shall state in an affidavit executed before the local civil
registrar or any other person legally authorized to administer oaths that the
marriage was performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that there is no means
of transportation to enable such party to appear personally before the local
civil registrar and that the officer took the necessary steps to ascertain the
ages and relationship of the contracting parties and the absence of legal
impediment to the marriage. (72a)

Art. 30. The original of the affidavit required in the last preceding article,
together with the legible copy of the marriage contract, shall be sent by the
person solemnizing the marriage to the local civil registrar of the municipality
where it was performed within the period of thirty days after the performance
of the marriage. (75a)

Art. 31. A marriage in articulo mortis between passengers or crew members

may also be solemnized by a ship captain or by an airplane pilot not only
while the ship is at sea or the plane is in flight, but also during stopovers at
ports of call. (74a)
Art. 32. A military commander of a unit, who is a commissioned officer, shall
likewise have authority to solemnize marriages in articulo mortis between
persons within the zone of military operation, whether members of the
armed forces or civilians. (74a)

Art. 33. Marriages among Muslims or among members of the ethnic cultural
communities may be performed validly without the necessity of marriage
license, provided they are solemnized in accordance with their customs, rites
or practices. (78a)

Art. 34. No license shall be necessary for the marriage of a man and a
woman who have lived together as husband and wife for at least five years
and without any legal impediment to marry each other. The contracting
parties shall state the foregoing facts in an affidavit before any person
authorized by law to administer oaths. The solemnizing officer shall also state
under oath that he ascertained the qualifications of the contracting parties
are found no legal impediment to the marriage. (76a)

Chapter 3. Void and Voidable Marriages

Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even
with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform

marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
authority to do so;

(3) Those solemnized without license, except those covered the

preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article

41;

(5) Those contracted through mistake of one contracting party as to

the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void even if such incapacity
becomes manifest only after its solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or
illegitimate:
 (1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)
Art. 38. The following marriages shall be void from the beginning for reasons
of public policy:
(1) Between collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;

(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the
adopted child;

(6) Between the surviving spouse of the adopted child and the
adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other,
killed that other person's spouse, or his or her own spouse. (82)
Art. 39. The action or defense for the declaration of absolute nullity of a
marriage shall not prescribe. (As amended by Executive Order 227 and
Republic Act No. 8533; The phrase "However, in case of marriage celebrated
before the effectivity of this Code and falling under Article 36, such action or
defense shall prescribe in ten years after this Code shall taken effect"has
been deleted by Republic Act No. 8533 [Approved February 23, 1998]).

Art. 40. The absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment declaring such
previous marriage void. (n)

Art. 41. A marriage contracted by any person during subsistence of a

previous marriage shall be null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been absent for four consecutive
years and the spouse present has a well-founded belief that the absent
spouse was already dead. In case of disappearance where there is danger of
death under the circumstances set forth in the provisions of Article 391 of the
Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding
paragraph the spouse present must institute a summary proceeding as
provided in this Code for the declaration of presumptive death of the
absentee, without prejudice to the effect of reappearance of the absent
spouse. (83a)

Art. 42. The subsequent marriage referred to in the preceding Article shall be
automatically terminated by the recording of the affidavit of reappearance of
the absent spouse, unless there is a judgment annulling the previous
marriage or declaring it void ab initio.

A sworn statement of the fact and circumstances of reappearance shall be

recorded in the civil registry of the residence of the parties to the subsequent
marriage at the instance of any interested person, with due notice to the
spouses of the subsequent marriage and without prejudice to the fact of
reappearance being judicially determined in case such fact is disputed. (n)

Art. 43. The termination of the subsequent marriage referred to in the

preceding Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its
termination shall be considered legitimate;

(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 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. (n)
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said
marriage shall be void ab initio and all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked by
operation of law. (n)

Art. 45. A marriage may be annulled for any of the following causes, existing
at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one, and
the marriage was solemnized without the consent of the parents,
 guardian or person having substitute parental authority over the party,
in that order, unless after attaining the age of twenty-one, such party
freely cohabited with the other and both lived together as husband and
wife;

(2) That either party was of unsound mind, unless such party after
coming to reason, freely cohabited with the other as husband and
wife;

(3) That the consent of either party was obtained by fraud, unless
such party afterwards, with full knowledge of the facts constituting the
fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force,

intimidation or undue influence, unless the same having disappeared
or ceased, such party thereafter freely cohabited with the other as
husband and wife;

(5) That either party was physically incapable of consummating the

marriage with the other, and such incapacity continues and appears to
be incurable; or

(6) That either party was afflicted with a sexually-transmissible

disease found to be serious and appears to be incurable. (85a)
Art. 46. Any of the following circumstances shall constitute fraud referred to
in Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the
other party of a crime involving moral turpitude;

(2) Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;

(3) Concealment of sexually transmissible disease, regardless of its

nature, existing at the time of the marriage; or

(4) Concealment of drug addiction, habitual alcoholism or

homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or
chastity shall constitute such fraud as will give grounds for action for the
annulment of marriage. (86a)

Art. 47. The action for annulment of marriage must be filed by the following
persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose
parent or guardian did not give his or her consent, within five years
after attaining the age of twenty-one, or by the parent or guardian or
person having legal charge of the minor, at any time before such party
has reached the age of twenty-one;
 (2) For causes mentioned in number 2 of Article 45, by the same
spouse, who had no knowledge of the other's insanity; or by any
relative or guardian or person having legal charge of the insane, at
any time before the death of either party, or by the insane spouse
during a lucid interval or after regaining sanity;

(3) For causes mentioned in number 3 of Article 45, by the injured

party, within five years after the discovery of the fraud;

(4) For causes mentioned in number 4 of Article 45, by the injured

party, within five years from the time the force, intimidation or undue
influence disappeared or ceased;

(5) For causes mentioned in number 5 and 6 of Article 45, by the

injured party, within five years after the marriage. (87a)
Art. 48. In all cases of annulment or declaration of absolute nullity of
marriage, the Court shall order the prosecuting attorney or fiscal assigned to
it to appear on behalf of the State to take steps to prevent collusion between
the parties and to take care that evidence is not fabricated or suppressed.

In the cases referred to in the preceding paragraph, no judgment shall be

based upon a stipulation of facts or confession of judgment. (88a)

Art. 49. During the pendency of the action and in the absence of adequate
provisions in a written agreement between the spouses, the Court shall
provide for the support of the spouses and the custody and support of their
common children. The Court shall give paramount consideration to the moral
and material welfare of said children and their choice of the parent with
whom they wish to remain as provided to in Title IX. It shall also provide for
appropriate visitation rights of the other parent. (n)

Art. 50. 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 45.

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 102 and 129.
Art. 51. 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. (n)

Art. 52. 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. (n)

Art. 53. 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.

Art. 54. 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.

TITLE II
LEGAL SEPARATION

Art. 55. A petition for legal separation may be filed on any of the following
grounds:
(1) Repeated physical violence or grossly abusive conduct directed
against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to

change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a

common child, or a child of the petitioner, to engage in prostitution, or
connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of

more than six years, even if pardoned;
 (5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous

marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable

cause for more than one year.
For purposes of this Article, the term "child" shall include a child by nature or
by adoption. (9a)

Art. 56. The petition for legal separation shall be denied on any of the
following grounds:
(1) Where the aggrieved party has condoned the offense or act
complained of;

(2) Where the aggrieved party has consented to the commission of the
offense or act complained of;

(3) Where there is connivance between the parties in the commission

of the offense or act constituting the ground for legal separation;

(4) Where both parties have given ground for legal separation;

(5) Where there is collusion between the parties to obtain decree of

legal separation; or

(6) Where the action is barred by prescription. (100a)

Art. 57. An action for legal separation shall be filed within five years from the
time of the occurrence of the cause. (102)

Art. 58. An action for legal separation shall in no case be tried before six
months shall have elapsed since the filing of the petition. (103)

Art. 59. 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. (n)

Art. 60. 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. (101a)

Art. 61. 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. (104a)

Art. 62. 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. (105a)

Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other,
but the marriage bonds shall not be severed;

(2) The absolute community or the conjugal partnership shall be

dissolved and liquidated but the offending spouse shall have no right
to any share of the net profits earned by the absolute community or
the conjugal partnership, which shall be forfeited in accordance with
the provisions of Article 43(2);

(3) The custody of the minor children shall be awarded to the innocent
spouse, subject to the provisions of Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favor
of the offending spouse made in the will of the innocent spouse shall
be revoked by operation of law. (106a)
Art. 64. After the finality of the decree of legal separation, the innocent
spouse may revoke the donations made by him or by her in favor of the
offending spouse, as well as the designation of the latter as beneficiary in
any insurance policy, even if such designation be stipulated as irrevocable.
The revocation of the donations shall be recorded in the registries of property
in the places where the properties are located. Alienations, liens and
encumbrances registered in good faith before the recording of the complaint
for revocation in the registries of property shall be respected. The revocation
of or change in the designation of the insurance beneficiary shall take effect
upon written notification thereof to the insured.

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. (107a)

Art. 65. 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. (n)

Art. 66. The reconciliation referred to in the preceding Articles shall have the
following consequences:
(1) The legal separation proceedings, if still pending, shall thereby be
terminated at whatever stage; and

(2) The final decree of legal separation shall be set aside, but the
separation of property and any forfeiture of the share of the guilty
spouse already effected shall subsist, unless the spouses agree to
revive their former property regime.
The court's order containing the foregoing shall be recorded in the proper
civil registries. (108a)

Art. 67. The agreement to revive the former property regime referred to in
the preceding Article shall be executed under oath and shall specify:
(1) The properties to be contributed anew to the restored regime;

(2) Those to be retained as separated properties of each spouse; and

(3) The names of all their known creditors, their addresses and the
amounts owing to each.
The agreement of revival and the motion for its approval shall be filed with
the court in the same proceeding for legal separation, with copies of both
furnished to the creditors named therein. After due hearing, the court shall,
in its order, take measure to protect the interest of creditors and such order
shall be recorded in the proper registries of properties.

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. (195a, 108a)

TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 68. The husband and wife are obliged to live together, observe mutual
love, respect and fidelity, and render mutual help and support. (109a)

Art. 69. 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. (110a)

Art. 70. 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. (111a)

Art. 71. 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 70. (115a)

Art. 72. 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.
(116a)

Art. 73. 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:

(1) The objection is proper; and

(2) Benefit has occurred 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.
The foregoing provisions shall not prejudice the rights of creditors who acted
in good faith. (117a)

TITLE IV
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 1. General Provisions

Art. 74. The property relationship between husband and wife shall be
governed in the following order:
(1) By marriage settlements executed before the marriage;

(2) By the provisions of this Code; and

(3) By the local custom. (118)

Art. 75. The future spouses may, in the marriage settlements, agree upon
the regime of absolute community, conjugal partnership of gains, complete
separation of property, or any other regime. In the absence of a marriage
settlement, or when the regime agreed upon is void, the system of absolute
community of property as established in this Code shall govern. (119a)

Art. 76. 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, 128, 135 and 136. (121)

Art. 77. 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. (122a)

Art. 78. 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.
(120a)

Art. 79. 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. (123a)

Art. 80. 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.

This rule shall not apply:

(1) Where 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 in

the Philippines but affecting property situated in a foreign country
whose laws require different formalities for its extrinsic validity. (124a)
Art. 81. Everything stipulated in the settlements or contracts referred to in
the preceding articles in consideration of a future marriage, including
donations between the prospective spouses made therein, shall be rendered
void if the marriage does not take place. However, stipulations that do not
depend upon the celebration of the marriages shall be valid. (125a)

Chapter 2. Donations by Reason of Marriage

Art. 82. Donations by reason of marriage are those which are made before its
celebration, in consideration of the same, and in favor of one or both of the
future spouses. (126)

Art. 83. These donations are governed by the rules on ordinary donations
established in Title III of Book III of the Civil Code, insofar as they are not
modified by the following articles. (127a)

Art. 84. 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. (130a)

Art. 85. 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. (131a)

Art. 86. A donation by reason of marriage may be revoked by the donor in

the following cases:
(1) If the marriage is not celebrated or judicially declared void ab initio
except donations made in the marriage settlements, which shall be
governed by Article 81;

(2) When the marriage takes place without the consent of the parents
or guardian, as required by law;

(3) When the marriage is annulled, and the donee acted in bad faith;

(4) Upon legal separation, the donee being the guilty spouse;

(5) If it is with a resolutory condition and the condition is complied

with;

(6) When the donee has committed an act of ingratitude as specified

by the provisions of the Civil Code on donations in general. (132a)
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect,
between the spouses during the marriage shall be void, except moderate
gifts which the spouses may give each other on the occasion of any family
rejoicing. The prohibition shall also apply to persons living together as
husband and wife without a valid marriage. (133a)

Chapter 3. System of Absolute Community

Section 1. General Provisions

Art. 88. The absolute community of property between spouses shall

commence at the precise moment that the marriage is celebrated. Any
stipulation, express or implied, for the commencement of the community
regime at any other time shall be void. (145a)

Art. 89. 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 77. 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. (146a)

Art. 90. 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. (n)

Section 2. What Constitutes Community Property

Art. 91. Unless otherwise provided in this Chapter or in the marriage

settlements, the community property shall consist of all the property owned
by the spouses at the time of the celebration of the marriage or acquired
thereafter. (197a)

Art. 92. The following shall be excluded from the community property:
(1) Property acquired during the marriage by gratuitous title by either
spouse, and the fruits as well as the income thereof, if any, unless it is
expressly provided by the donor, testator or grantor that they shall
form part of the community property;

(2) Property for personal and exclusive use of either spouse. However,
jewelry shall form part of the community property;

(3) Property acquired before the marriage by either spouse who has
legitimate descendants by a former marriage, and the fruits as well as
the income, if any, of such property. (201a)
Art. 93. Property acquired during the marriage is presumed to belong to the
community, unless it is proved that it is one of those excluded therefrom.
(160)

Section 3. Charges and Obligations of the Absolute Community

Art. 94. The absolute community of property shall be liable for:

(1) The support of the spouses, their common children, and legitimate
children of either spouse; however, the support of illegitimate children
shall be governed by the provisions of this Code on Support;
 (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 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 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 to enable either spouse to commence or complete a

professional or vocational course, or other activity for self-
improvement;

(7) Ante-nuptial 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) Ante-nuptial debts of either spouse other than those falling under
paragraph (7) of this Article, 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 paragraph (9), the spouses shall be solidarily liable
for the unpaid balance with their separate properties. (161a, 162a, 163a, 202a-205a)

Art. 95. Whatever may be lost during the marriage in any game of chance,
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
community but any winnings therefrom shall form part of the community
property. (164a)

Section 4. Ownership, Administrative,

 Enjoyment and Disposition of the Community Property

Art. 96. The administration and enjoyment of the community property shall
belong to both spouses jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court by the wife for proper
remedy, which must be availed of within five years from the date of the
contract implementing such decision.

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. (206a)

Art. 97. Either spouse may dispose by will of his or her interest in the
community property. (n)

Art. 98. 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. (n)

Section 5. Dissolution of Absolute Community Regime

Art. 99. The absolute community terminates:

(1) Upon the death of either spouse;

(2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; or

(4) In case of judicial separation of property during the marriage under

Articles 134 to 138. (175a)
Art. 100. The separation in fact between husband and wife shall not affect
the regime of absolute community except that:
(1) The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be supported;

(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. (178a)
Art. 101. If a spouse without just cause abandons the other or fails to comply
with his or her obligations to the family, the aggrieved spouse may petition
the court for receivership, for judicial separation of property or for authority
to be the sole administrator of the absolute community, subject to such
precautionary conditions as the court may impose.

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. (178a)

Section 6. Liquidation of the Absolute Community

Assets and Liabilities

Art. 102. Upon dissolution of the absolute community regime, the following
procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties
of the absolute community and the exclusive properties of each
spouse.

(2) The debts and obligations of the absolute community shall be paid
out of its assets. In case of insufficiency of said assets, the spouses
shall be solidarily liable for the unpaid balance with their separate
properties in accordance with the provisions of the second paragraph
of Article 94.

(3) Whatever remains of the exclusive properties of the spouses shall

thereafter be delivered to each of them.

(4) The net remainder of the properties of the absolute community

shall constitute its net assets, which shall be divided equally between
husband and wife, unless a different proportion or division was agreed
upon in the marriage settlements, or unless there has been a
voluntary waiver of such share provided in this Code. For purpose of
computing the net profits subject to forfeiture in accordance with
Articles 43, No. (2) and 63, No. (2), the said profits shall be the
increase in value between the market value of the community property
 at the time of the celebration of the marriage and the market value at
the time of its dissolution.

(5) The presumptive legitimes of the common children shall be

delivered upon partition, in accordance with Article 51.

(6) Unless otherwise agreed upon by the parties, in the partition of the
properties, the conjugal dwelling and the lot on which it is situated
shall be adjudicated to the spouse with whom the majority of the
common children choose to remain. 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. (n)
Art. 103. Upon the termination of the marriage by death, the community
property shall be liquidated in the same proceeding for the settlement of the
estate of the deceased.

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. (n)

Art. 104. 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.
(189a)

Chapter 4. Conjugal Partnership of Gains

Section 1. General Provisions

Art. 105. In case the future spouses agree in the marriage settlements that
the regime of conjugal partnership gains shall govern their property relations
during marriage, the provisions in this Chapter shall be of supplementary
application.

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 256. (n)

Art. 106. 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. (142a)

Art. 107. The rules provided in Articles 88 and 89 shall also apply to conjugal
partnership of gains. (n)

Art. 108. 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.
(147a)

Section 2. Exclusive Property of Each Spouse

Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title;

(3) That which is acquired by right of redemption, by barter or by

exchange with property belonging to only one of the spouses; and

(4) That which is purchased with exclusive money of the wife or of the
husband. (148a)
Art. 110. The spouses retain the ownership, possession, administration and
enjoyment of their exclusive properties.

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. (137a, 168a, 169a)

Art. 111. 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. (n)

Art. 112. 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.
(n)

Art. 113. 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. (150a)

Art. 114. 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. (151a)

Art. 115. 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. (n)

Section 3. Conjugal Partnership Property

Art. 116. 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, is presumed to be conjugal unless the contrary is proved. (160a)

Art. 117. The following are conjugal partnership properties:

(1) Those acquired by onerous title during the marriage at the expense
of the common fund, whether the acquisition be for the partnership, or
for only one of the spouses;

(2) Those obtained from the labor, industry, work or profession of

either or both of the spouses;

(3) The fruits, natural, industrial, or civil, due or received during the
marriage from the common property, as well as the net fruits from the
exclusive property of each spouse;

(4) The share of either spouse in the hidden treasure which the law
awards to the finder or owner of the property where the treasure is
found;

(5) Those acquired through occupation such as fishing or hunting;

(6) Livestock existing upon the dissolution of the partnership in excess

of the number of each kind brought to the marriage by either spouse;
and

(7) Those which are acquired by chance, such as winnings from

gambling or betting. However, losses therefrom shall be borne
exclusively by the loser-spouse. (153a, 154a, 155, 159)
Art. 118. Property bought on installments paid partly from exclusive funds of
either or both spouses and partly from conjugal funds belongs to the buyer
or buyers if full ownership was vested before the marriage and to the
conjugal partnership if such ownership was vested during the marriage. In
either case, any amount advanced by the partnership or by either or both
spouses shall be reimbursed by the owner or owners upon liquidation of the
partnership. (n)

Art. 119. 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. (156a, 157a)

Art. 120. 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:
When the cost of the improvement made by the conjugal partnership
and any resulting increase in value are more than the value of the
property at the time of the improvement, the entire property of one of
the spouses shall belong to the conjugal partnership, subject to
reimbursement of the value of the property of the owner-spouse at the
time of the improvement; otherwise, said property shall be retained in
ownership by the owner-spouse, likewise subject to reimbursement of
the cost of the improvement.

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. (158a)
Section 4. Charges Upon and Obligations of
the Conjugal Partnership

Art. 121. The conjugal partnership shall be liable for:

(1) The support of the spouse, their common children, and the
legitimate children of either spouse; however, the support of
illegitimate children shall be governed by the provisions of this Code
on Support;

(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 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

professional, vocational, or other activity for self-improvement;

(7) Ante-nuptial 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 groundless.
If the conjugal partnership is insufficient to cover the foregoing liabilities, the
spouses shall be solidarily liable for the unpaid balance with their separate
properties. (161a)

Art. 122. 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. (163a)

Art. 123. 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. (164a)

Section 5. Administration of the

Conjugal Partnership Property

Art. 124. The administration and enjoyment of the conjugal partnership shall
belong to both spouses jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the court by the wife for proper
remedy, which must be availed of within five years from the date of the
contract implementing such decision.

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. 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. (165a)

Art. 125. 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. (174a)

Section 6. Dissolution of Conjugal Partnership Regime

Art. 126. The conjugal partnership terminates:

(1) Upon the death of either spouse;

(2) When there is a decree of legal separation;

(3) When the marriage is annulled or declared void; or

(4) In case of judicial separation of property during the marriage under

Articles 134 to 138. (175a)
Art. 127. The separation in fact between husband and wife shall not affect
the regime of conjugal partnership, except that:
(1) The spouse who leaves the conjugal home or refuses to live
therein, without just cause, shall not have the right to be supported;

(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 conjugal partnership property, the

separate property of both spouses shall be solidarily liable for the
support of the family. 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. (178a)
Art. 128. If a spouse without just cause abandons the other or fails to comply
with his or her obligation to the family, the aggrieved spouse may petition
the court for receivership, for judicial separation of property, or for authority
to be the sole administrator of the conjugal partnership property, subject to
such precautionary conditions as the court may impose.

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 he 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.
(167a, 191a)

Section 7. Liquidation of the

Conjugal Partnership Assets and Liabilities

Art. 129. Upon the dissolution of the conjugal partnership regime, the
following procedure shall apply:
(1) An inventory shall be prepared, listing separately all the properties
of the conjugal partnership and the exclusive properties of each
spouse.

(2) Amounts advanced by the conjugal partnership in payment of

personal debts and obligations of either spouse shall be credited to the
conjugal partnership as an asset thereof.

(3) Each spouse shall be reimbursed for the use of his or her exclusive
funds in the acquisition of property or for the value of his or her
exclusive property, the ownership of which has been vested by law in
the conjugal partnership.

(4) The debts and obligations of the conjugal partnership shall be paid
out of the conjugal assets. 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 121.

(5) Whatever remains of the exclusive properties of the spouses shall

thereafter be delivered to each of them.

(6) Unless the owner had been indemnified from whatever source, the
loss or deterioration of movables used for the benefit of the family,
belonging to either spouse, even due to fortuitous event, shall be paid
to said spouse from the conjugal funds, if any.

(7) The net remainder of the conjugal partnership properties shall

constitute the profits, which shall be divided equally between husband
 and wife, unless a different proportion or division was agreed upon in
the marriage settlements or unless there has been a voluntary waiver
or forfeiture of such share as provided in this Code.

(8) The presumptive legitimes of the common children shall be

delivered upon the partition in accordance with Article 51.

(9) In the partition of the properties, the conjugal dwelling and the lot
on which it is situated shall, unless otherwise agreed upon by the
parties, be adjudicated to the spouse with whom the majority of the
common children choose to remain. Children below the age of seven
years are deemed to have chosen the mother, unless the court has
decided otherwise. In case there is no such majority, the court shall
decide, taking into consideration the best interests of said children.
(181a, 182a, 183a, 184a, 185a)
Art. 130. Upon the termination of the marriage by death, the conjugal
partnership property shall be liquidated in the same proceeding for the
settlement of the estate of the deceased.

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.

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. (n)

Art. 131. 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. (189a)

Art. 132. 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. (187a)

Art. 133. 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. (188a)

Chapter 5. Separation of Property of the

Spouses and Administration of Common Property by
One Spouse During the Marriage

Art. 134. In the absence of an express declaration in the marriage

settlements, the separation of property between spouses during the marriage
shall not take place except by judicial order. Such judicial separation of
property may either be voluntary or for sufficient cause. (190a)

Art. 135. Any of the following shall be considered sufficient cause for judicial
separation of property:
(1) That the spouse of the petitioner has been sentenced to a penalty
which carries with it civil interdiction;

(2) That the spouse of the petitioner has been judicially declared an
absentee;

(3) That loss of parental authority of the spouse of petitioner has been
decreed by the court;

(4) That the spouse of the petitioner has abandoned the latter or failed
to comply with his or her obligations to the family as provided for in
Article 101;

(5) That the spouse granted the power of administration in the

marriage settlements has abused that power; and

(6) That at the time of the petition, the spouses have been separated
in fact for at least one year and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the presentation of the
final judgment against the guilty or absent spouse shall be enough basis for
the grant of the decree of judicial separation of property. (191a)

Art. 136. 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. (191a)

Art. 137. 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. (192a)

Art. 138. After dissolution of the absolute community or of the conjugal

partnership, the provisions on complete separation of property shall apply.
(191a)

Art. 139. 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. (193a)

Art. 140. The separation of property shall not prejudice the rights previously
acquired by creditors. (194a)

Art. 141. 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:
(1) When the civil interdiction terminates;

(2) When the absentee spouse reappears;

(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) When parental authority is judicially restored to the spouse

previously deprived thereof;

(6) When the spouses who have separated in fact for at least one
year, reconcile and resume common life; or

(7) When after voluntary dissolution of the absolute community of

property or conjugal partnership 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.
The revival of the former property regime shall be governed by Article 67.
(195a)

Art. 142. The administration of all classes of exclusive property of either

spouse may be transferred by the court to the other spouse:
(1) When one spouse becomes the guardian of the other;
 (2) When one 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 in hiding as

an accused in a criminal case.
If the other spouse is not qualified by reason of incompetence, conflict of
interest, or any other just cause, the court shall appoint a suitable person to
be the administrator. (n)

Chapter 6. Regime of Separation of Property

Art. 143. Should the future spouses agree in the marriage settlements that
their property relations during marriage shall be governed by the regime of
separation of property, the provisions of this Chapter shall be suppletory.
(212a)

Art. 144. 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. (213a)

Art. 145. 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. (214a)

Art. 146. 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. (215a)

Chapter 7. Property Regime of Unions Without Marriage

Art. 147. When 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, their wages and salaries shall
be owned by them in equal shares and the property acquired by both of them
through their work or industry shall be governed by the rules on co-
ownership.

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. In all cases, the forfeiture shall take place
upon termination of the cohabitation. (144a)

Art. 148. 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. (144a)

TITLE V
THE FAMILY

Chapter 1. The Family as an Institution

Art. 149. The family, being the foundation of the nation, is a basic social
institution which public policy cherishes and protects. Consequently, family
relations are governed by law and no custom, practice or agreement
destructive of the family shall be recognized or given effect. (216a, 218a)

Art. 50. Family relations include those:

(1) Between husband and wife;

(2) Between parents and children;

(3) Among brothers and sisters, whether of the full or half-blood. (217a)
Art. 151. No suit between members of the same family shall prosper unless it
should appear from the verified complaint or petition that earnest efforts
toward a compromise have been made, but that the same have failed. If it is
shown that no such efforts were in fact made, the same case must be
dismissed.

This rules shall not apply to cases which may not be the subject of
compromise under the Civil Code. (222a)

Chapter 2. The Family Home

Art. 152. The family home, constituted jointly by the husband and the wife or
by an unmarried head of a family, is the dwelling house where they and their
family reside, and the land on which it is situated. (223a)

Art. 153. The family home is deemed constituted on a house and lot from the
time it is occupied as a family residence. From the time of its constitution
and so long as any of its beneficiaries actually resides therein, the family
home continues to be such and is exempt from execution, forced sale or
attachment except as hereinafter provided and to the extent of the value
allowed by law. (223a)

Art. 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of
a family; and

(2) Their parents, ascendants, descendants, brothers and sisters,

whether the relationship be legitimate or illegitimate, who are living in
the family home and who depend upon the head of the family for legal
support. (226a)
Art. 155. The family home shall be exempt from execution, forced sale or
attachment except:
(1) For nonpayment of taxes;

(2) For debts incurred prior to the constitution of the family home;

(3) For debts secured by mortgages on the premises before or after

such constitution; and

(4) For debts due to laborers, mechanics, architects, builders,

materialmen and others who have rendered service or furnished
material for the construction of the building. (243a)
Art. 156. The family home must be part of the properties of the absolute
community or the conjugal partnership, or of the exclusive properties of
either spouse with the latter's consent. It may also be constituted by an
unmarried head of a family on his or her own property.

Nevertheless, property that is the subject of a conditional sale on

installments where ownership is reserved by the vendor only to guarantee
payment of the purchase price may be constituted as a family home. (227a,
228a)

Art. 157. The actual value of the family home shall not exceed, at the time of
its constitution, the amount of the three hundred thousand pesos in urban
areas, and two hundred thousand pesos in rural areas, or such amounts as
may hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this
Code, the value most favorable for the constitution of a family home shall be
the basis of evaluation.

For purposes of this Article, urban areas are deemed to include chartered
cities and municipalities whose annual income at least equals that legally
required for chartered cities. All others are deemed to be rural areas. (231a)

Art. 158. The family home may be sold, alienated, donated, assigned or
encumbered by the owner or owners thereof with the written consent of the
person constituting the same, the latter's spouse, and a majority of the
beneficiaries of legal age. In case of conflict, the court shall decide. (235a)

Art. 159. The family home shall continue despite the death of one or both
spouses or of the unmarried head of the family for a period of ten years or
for as long as there is a minor beneficiary, and the heirs cannot partition the
same unless the court finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the family home.
(238a)

Art. 160. When a creditor whose claims is not among those mentioned in
Article 155 obtains a judgment in his favor, and he has reasonable grounds
to believe that the family home is actually worth more than the maximum
amount fixed in Article 157, he may apply to the court which rendered the
judgment for an order directing the sale of the property under execution. The
court shall so order if it finds that the actual value of the family home
exceeds the maximum amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the maximum allowed in
Article 157 and results from subsequent voluntary improvements introduced
by the person or persons constituting the family home, by the owner or
owners of the property, or by any of the beneficiaries, the same rule and
procedure shall apply.

At the execution sale, no bid below the value allowed for a family home shall
be considered. The proceeds shall be applied first to the amount mentioned
in Article 157, and then to the liabilities under the judgment and the costs.
The excess, if any, shall be delivered to the judgment debtor. (247a, 248a)

Art. 161. For purposes of availing of the benefits of a family home as

provided for in this Chapter, a person may constitute, or be the beneficiary
of, only one family home. (n)

Art. 162. The provisions in this Chapter shall also govern existing family
residences insofar as said provisions are applicable. (n)

TITLE VI
PATERNITY AND FILIATION

Chapter 1. Legitimate Children

Art. 163. The filiation of children may be by nature or by adoption. Natural

filiation may be legitimate or illegitimate. (n)

Art. 164. Children conceived or born during the marriage of the parents are
legitimate.

Children conceived as a result of artificial insemination of the wife with the

sperm of the husband or that of a donor or both are likewise legitimate
children of the husband and his wife, provided, that both of them authorized
or ratified such insemination in a written instrument executed and signed by
them before the birth of the child. The instrument shall be recorded in the
civil registry together with the birth certificate of the child. (55a, 258a)

Art. 165. Children conceived and born outside a valid marriage are
illegitimate, unless otherwise provided in this Code. (n)

Art. 166. Legitimacy of a child may be impugned only on the following

grounds:
(1) That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
which immediately preceded the birth of the child because of:

(a) the physical incapacity of the husband to have sexual

intercourse with his wife;

(b) the fact that the husband and wife were living separately in
such a way that sexual intercourse was not possible; or

(c) serious illness of the husband, which absolutely prevented

sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the instance
provided in the second paragraph of Article 164; or

(3) That in case of children conceived through artificial insemination,

the written authorization or ratification of either parent was obtained
through mistake, fraud, violence, intimidation, or undue influence.
(255a)
Art. 167. The child shall be considered legitimate although the mother may
have declared against its legitimacy or may have been sentenced as an
adulteress. (256a)

Art. 168. If the marriage is terminated and the mother contracted another
marriage within three hundred days after such termination of the former
marriage, these rules shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to have been
conceived during the former marriage, provided it be born within three
hundred days after the termination of the former marriage;

(2) A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to have been
conceived during such marriage, even though it be born within the
three hundred days after the termination of the former marriage. (259a)
Art. 169. The legitimacy or illegitimacy of a child born after three hundred
days following the termination of the marriage shall be proved by whoever
alleges such legitimacy or illegitimacy. (261a)

Art. 170. The action to impugn the legitimacy of the child shall be brought
within one year from the knowledge of the birth or its recording in the civil
register, if the husband or, in a proper case, any of his heirs, should reside in
the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of
birth as defined in the first paragraph or where it was recorded, the period
shall be two years if they should reside in the Philippines; and three years if
abroad. If the birth of the child has been concealed from or was unknown to
the husband or his heirs, the period shall be counted from the discovery or
knowledge of the birth of the child or of the fact of registration of said birth,
whichever is earlier. (263a)

Art. 171. The heirs of the husband may impugn the filiation of the child
within the period prescribed in the preceding article only in the following
cases:
(1) If the husband should died before the expiration of the period fixed
for bringing his action;

(2) If he should die after the filing of the complaint without having
desisted therefrom; or

(3) If the child was born after the death of the husband. (262a)
Chapter 2. Proof of Filiation

Art. 172. The filiation of legitimate children is established by any of the

following:
 (1) The record of birth appearing in the civil register or a final
judgment; or

(2) An admission of legitimate filiation in a public document or a

private handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be

proved by:
(1) The open and continuous possession of the status of a legitimate
child; or

(2) Any other means allowed by the Rules of Court and special laws.
(265a, 266a, 267a)
Art. 173. The action to claim legitimacy may be brought by the child during
his or her lifetime and shall be transmitted to the heirs should the child die
during minority or in a state of insanity. In these cases, the heirs shall have a
period of five years within which to institute the action.

Art. 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity
with the provisions of the Civil Code on Surnames;

(2) To receive support from their parents, their ascendants, and in

proper cases, their brothers and sisters, in conformity with the
provisions of this Code on Support; and

(3) To be entitled to the legitimate and other successional rights

granted to them by the Civil Code. (264a)
Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173,
except when the action is based on the second paragraph of Article 172, in
which case the action may be brought during the lifetime of the alleged
parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the
parental authority of their mother, and shall be entitled to support in
conformity with this Code. However, illegitimate children may use the
surname of their father if their filiation has been expressly recognized by the
father through the record of birth appearing in the civil register, or when an
admission in a public document or private handwritten instrument is made by
the father. Provided, the father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime. The legitime of each
illegitimate child shall consist of one-half of the legitime of a legitimate child.
 Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents
who, at the time of the conception of the former, were not disqualified by
any impediment to marry each other may be legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage

between parents. The annulment of a voidable marriage shall not affect the
legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate
children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child's
birth. (273a)

Art. 181. The legitimation of children who died before the celebration of the
marriage shall benefit their descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in
their rights, within five years from the time their cause of action accrues.
(275a)

TITLE VII
ADOPTION

Art. 183. A person of age and in possession of full civil capacity and legal
rights may adopt, provided he is in a position to support and care for his
children, legitimate or illegitimate, in keeping with the means of the family.

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. (27a, E. O. 91
and PD 603)

Art. 184. The following persons may not adopt:

(1) The guardian with respect to the ward prior to the approval of the
final accounts rendered upon the termination of their guardianship
relation;

(2) Any person who has been convicted of a crime involving moral
turpitude;

(3) An alien, except:

 (a) A former Filipino citizen who seeks to adopt a relative by
consanguinity;

(b) One who seeks to adopt the legitimate child of his or her
Filipino spouse; or

(c) One who is married to a Filipino citizen and seeks to adopt

jointly with his or her spouse a relative by consanguinity of the
latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in
accordance with the rules on inter-country adoptions as may be provided by
law. (28a, E. O. 91 and PD 603)

Art. 185. Husband and wife must jointly adopt, except in the following cases:
(1) When one spouse seeks to adopt his own illegitimate child; or

(2) When one spouse seeks to adopt the legitimate child of the other.
(29a, E. O. 91 and PD 603)
Art. 186. In case husband and wife jointly adopt or one spouse adopts the
legitimate child of the other, joint parental authority shall be exercised by the
spouses in accordance with this Code. (29a, E. O. and PD 603)

Art. 187. The following may not be adopted:

(1) A person of legal age, unless he or she is a child by nature of the
adopter or his or her spouse, or, prior to the adoption, said person has
been consistently considered and treated by the adopter as his or her
own child during minority.

(2) An alien with whose government the Republic of the Philippines has
no diplomatic relations; and

(3) A person who has already been adopted unless such adoption has
been previously revoked or rescinded. (30a, E. O. 91 and PD 603)
Art. 188. The written consent of the following to the adoption shall be
necessary:
(1) The person to be adopted, if ten years of age or over,

(2) The parents by nature of the child, the legal guardian, or the
proper government instrumentality;

(3) The legitimate and adopted children, ten years of age or over, of
the adopting parent or parents;

(4) The illegitimate children, ten years of age or over, of the adopting
parent, if living with said parent and the latter's spouse, if any; and

(5) The spouse, if any, of the person adopting or to be adopted. (31a, E.

O. 91 and PD 603)
Art. 189. Adoption shall have the following effects:
 (1) For civil purposes, the adopted shall be deemed to be a legitimate
child of the adopters and both shall acquire the reciprocal rights and
obligations arising from the relationship of parent and child, including
the right of the adopted to use the surname of the adopters;

(2) The parental authority of the parents by nature over the adopted
shall terminate and be vested in 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;
and

(3) The adopted shall remain an intestate heir of his parents and other
blood relatives. (39(1)a, (3)a, PD 603)
Art. 190. Legal or intestate succession to the estate of the adopted shall be
governed by the following rules:
(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. (39(4)a, PD
603)
Art. 191. If the adopted is a minor or otherwise incapacitated, the adoption
may be judicially rescinded upon petition of any person authorized by the
court or proper government instrumental acting on his behalf, on the same
grounds prescribed for loss or suspension of parental authority. If the
adopted is at least eighteen years of age, he may petition for judicial
rescission of the adoption on the same grounds prescribed for disinheriting
an ascendant. (40a, PD 603)
Art. 192. The adopters may petition the court for the judicial rescission of the
adoption in any of the following cases:
(1) If the adopted has committed any act constituting ground for
disinheriting a descendant; or

(2) When the adopted has abandoned the home of the adopters during
minority for at least one year, or, by some other acts, has definitely
repudiated the adoption. (41a, PD 603)
Art. 193. If the adopted minor has not reached the age of majority at the
time of the judicial rescission of the adoption, the court in the same
proceeding shall reinstate the parental authority of the parents by nature,
unless the latter are disqualified or incapacitated, in which case the court
shall appoint a guardian over the person and property of the minor. If the
adopted person is physically or mentally handicapped, the court shall appoint
in the same proceeding a guardian over his person or property or both.

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. (42a, PD 603)

TITLE VIII

SUPPORT

Art. 194. Support comprises everything indispensable for sustenance,

dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family.

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. (290a)

Art. 105. 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:
(1) The spouses;

(2) Legitimate ascendants and descendants;

(3) Parents and their legitimate children and the legitimate and
illegitimate children of the latter;
 (4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and

(5) Legitimate brothers and sisters, whether of full or half-blood (291a)

Art. 196. Brothers and sisters not legitimately related, whether of the full or
half-blood, are likewise bound to support each other to the full extent set
forth in Article 194, except only when the need for support of the brother or
sister, being of age, is due to a cause imputable to the claimant's fault or
negligence. (291a)

Art. 197. 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. (n)

Art. 198. 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. (292a)

Art. 199. Whenever two or more persons are obliged to give support, the
liability shall devolve upon the following persons in the order herein
provided:
(1) The spouse;

(2) The descendants in the nearest degree;

(3) The ascendants in the nearest degree; and

(4) The brothers and sisters. (294a)

Art. 200. When the obligation to give support falls upon two or more persons,
the payment of the same shall be divided between them in proportion to the
resources of each.

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. (295a)

Art. 201. The amount of support, in the cases referred to in Articles 195 and
196, shall be in proportion to the resources or means of the giver and to the
necessities of the recipient. (296a)

Art. 202. 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. (297a)

Art. 203. 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. (298a)

Art. 204. 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. (299a)

Art. 205. 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. (302a)

Art. 206. 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. (2164a)

Art. 207. 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.
(2166a)
Art. 208. 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. (n)

TITLE IX
PARENTAL AUTHORITY

Chapter 1. General Provisions

Art. 209. Pursuant to the natural right and duty of parents over the person
and property of their unemancipated children, parental authority and
responsibility shall include the caring for and rearing them for civic
consciousness and efficiency and the development of their moral, mental and
physical character and well-being. (n)

Art. 210. Parental authority and responsibility may not be renounced or

transferred except in the cases authorized by law. (313a)

Art. 211. 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. (311a)

Art. 212. 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. (n)

Art. 213. 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. (n)

Art. 214. 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. (355a)

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)

Chapter 2. Substitute and Special Parental Authority

Art. 216. In default of parents or a judicially appointed guardian, the

following person shall exercise substitute parental authority over the child in
the order indicated:
(1) The surviving grandparent, as provided in Art. 214;

(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-one years of age, unless
unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the
child becomes necessary, the same order of preference shall be observed.
(349a, 351a, 354a)

Art. 217. 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. (314a)

Art. 218. 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. (349a)

Art. 129. 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. (n)

Chapter 3. Effect of Parental Authority

Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with
the respect to their unemancipated children on wards the following rights and
duties:
(1) To keep them in their company, to support, educate and instruct
them by right precept and good example, and to provide for their
upbringing 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 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 demand from them respect and obedience;

(7) To impose discipline on them as may be required under the

circumstances; and

(8) To perform such other duties as are imposed by law upon parents
and guardians. (316a)
Art. 221. Parents and other persons exercising parental authority shall be
civilly liable for the injuries and damages caused by the acts or omissions of
their unemancipated children living in their company and under their parental
authority subject to the appropriate defenses provided by law. (2180(2)a and (4)a )

Art. 222. 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. (317)

Art. 223. 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.
(318a)

Art. 224. 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. (391a)

Chapter 4. Effect of Parental Authority Upon

the Property of the Children

Art. 225. The father and the mother shall jointly exercise legal guardianship
over the property of the unemancipated common child without the necessity
of a court appointment. In case of disagreement, the father's decision shall
prevail, unless there is a judicial order to the contrary.

Where the market value of the property or the annual income of the child
exceeds P50,000, the parent concerned shall be required to furnish a bond in
such amount as the court may determine, but not less than ten per centum
(10%) of the value of the property or annual income, to guarantee the
performance of the obligations prescribed for general guardians.

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. (320a)

Art. 226. 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. (321a, 323a)

Art. 227. 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. (322a)

Chapter 5. Suspension or Termination of Parental Authority

Art. 228. Parental authority terminates permanently:

(1) Upon the death of the parents;

(2) Upon the death of the child; or

(3) Upon emancipation of the child. (327a)

Art. 229. Unless subsequently revived by a final judgment, parental authority
also terminates:
(1) Upon adoption of the child;

(2) Upon appointment of a general guardian;

(3) Upon judicial declaration of abandonment of the child in a case

filed for the purpose;

(4) Upon final judgment of a competent court divesting the party

concerned of parental authority; or

(5) Upon judicial declaration of absence or incapacity of the person

exercising parental authority. (327a)
Art. 230. Parental authority is suspended upon conviction of the parent or the
person exercising the same of a crime which carries with it the penalty of
civil interdiction. The authority is automatically reinstated upon service of the
penalty or upon pardon or amnesty of the offender. (330a)

Art. 231. 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:
(1) Treats the child with excessive harshness or cruelty;

(2) Gives the child corrupting orders, counsel or example;

(3) Compels the child to beg; or

 (4) Subjects the child or allows him to be subjected to acts of
lasciviousness.
The grounds enumerated above are deemed to include cases which have
resulted from culpable negligence of the parent or the person exercising
parental authority.

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. (33a)

Art. 232. 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. (n)

Art. 233. 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. (n)

TITLE X
EMANCIPATION AND AGE OF MAJORITY

Art. 234. Emancipation takes place by the attainment of majority. Unless

otherwise provided, majority commences at the age of twenty-one years.

Emancipation also takes place:

(1) By the marriage of the minor; or

(2) By the recording in the Civil Register of an agreement in a public

instrument executed by the parent exercising parental authority and
the minor at least eighteen years of age. Such emancipation shall be
irrevocable. (397a, 398a, 400a, 401a)
Art. 235. The provisions governing emancipation by recorded agreement
shall also apply to an orphan minor and the person exercising parental
authority but the agreement must be approved by the court before it is
recorded. (n)

Art. 236. 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. (412a)

Art. 237. The annulment or declaration of nullity of the marriage of a minor

or of the recorded agreement mentioned in the foregoing. Articles 234 and
235 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. (n)

TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW

Chapter 1. Prefatory Provisions

Art. 238. Until modified by the Supreme Court, the procedural rules provided
for in this Title shall apply as regards separation in fact between husband and
wife, abandonment by one of the other, and incidents involving parental
authority. (n)

Chapter 2. Separation in Fact

Art. 239. When a husband and wife are separated in fact, or one has
abandoned the other and one of them seeks judicial authorization for a
transaction where the consent of the other spouse is required by law but
such consent is withheld or cannot be obtained, a verified petition may be
filed in court alleging the foregoing facts.

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. (n)

Art. 240. Claims for damages by either spouse, except costs of the
proceedings, may be litigated only in a separate action. (n)

Art. 241. 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. (n)

Art. 242. 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. (n)

Art. 243. 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. (n)
Art. 244. 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. (n)

Art. 245. 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. (n)

Art. 246. 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. (n)

Art. 247. The judgment of the court shall be immediately final and executory.
(n)

Art. 248. The petition for judicial authority to administer or encumber specific
separate property of the abandoning spouse and to use the fruits or proceeds
thereof for the support of the family shall also be governed by these rules. (n)

Chapter 3. Incidents Involving Parental Authority

Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code
involving parental authority shall be verified. (n)

Art. 250. Such petitions shall be verified and filed in the proper court of the
place where the child resides. (n)

Art. 251. Upon the filing of the petition, the court shall notify the parents or,
in their absence or incapacity, the individuals, entities or institutions
exercising parental authority over the child. (n)

Art. 252. The rules in Chapter 2 hereof shall also govern summary
proceedings under this Chapter insofar as they are applicable. (n)

Chapter 4. Other Matters Subject to Summary Proceedings

Art. 253. The foregoing rules in Chapters 2 and 3 hereof shall likewise govern
summary proceedings filed under Articles 41, 51, 69, 73, 96, 124 and 127,
insofar as they are applicable. (n)

TITLE XII
FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic Act
No. 386, otherwise known as the Civil Code of the Philippines, as amended,
and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and 42 of Presidential
Decree No. 603, otherwise known as the Child and Youth Welfare Code, as
amended, and all laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof, inconsistent herewith are hereby repealed.

Art. 255. If any provision of this Code is held invalid, all the other provisions
not affected thereby shall remain valid.

Art. 256. 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.

Art. 257. 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.

Done in the City of Manila, this 6th day of July, in the year of Our Lord,
nineteen hundred and eighty-seven.