Family Code (Executive Order No 209)

8/12/2019 Family Code (Executive Order No 209)

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EXECUTIVE ORDER NO. 209

THE FAMILY CODE OF THE PHILIPPINES

July 6, 19!

I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by

the Constitution, do hereby order nd promul!te the "mily Code of the Philippines, s follows#

$I$%& I

'ARRIA(&

Chpter ). Re*uisites of 'rri!e

Arti+le ). 'rri!e is spe+il +ontr+t of permnent union between mn nd womn entered

into in ++ordn+e with lw for the estblishment of +onu!l nd fmily life. It is the foundtionof the fmily nd n inviolble so+il institution whose nture, +onse*uen+es, nd in+idents re

!overned by lw nd not sube+t to stipultion, e-+ept tht mrri!e settlements my fi- the

property reltions durin! the mrri!e within the limits provided by this Code. /01

Art. 0. No mrri!e shll be vlid, unless these essentil re*uisites re present#

)1 %e!l +p+ity of the +ontr+tin! prties who must be mle nd femle2 nd

01 Consent freely !iven in the presen+e of the solemni3in! offi+er. /41

Art. 4. $he forml re*uisites of mrri!e re#

)1 Authority of the solemni3in! offi+er2

01 A vlid mrri!e li+ense e-+ept in the +ses provided for in Chpter 0 of this $itle2 nd

41 A mrri!e +eremony whi+h t5es pl+e with the ppern+e of the +ontr+tin! prtiesbefore the solemni3in! offi+er nd their personl de+lrtion tht they t5e e+h other s

husbnd nd wife in the presen+e of not less thn two witnesses of le!l !e. /4, //1

Art. 6. $he bsen+e of ny of the essentil or forml re*uisites shll render the mrri!e void ab

initio, e-+ept s stted in Arti+le 4/ 01.

A defe+t in ny of the essentil re*uisites shll not ffe+t the vlidity of the mrri!e but the prtyor prties responsible for the irre!ulrity shll be +ivilly, +riminlly nd dministrtively lible.

n1

Art. /. Any mle or femle of the !e of ei!hteen yers or upwrds not under ny of theimpediments mentioned in Arti+les 47 nd 48, my +ontr+t mrri!e. /61

Art. 9. No pres+ribed form or reli!ious rite for the solemni3tion of the mrri!e is re*uired. It

shll be ne+essry, however, for the +ontr+tin! prties to pper personlly before the

solemni3in! offi+er nd de+lre in the presen+e of not less thn two witnesses of le!l !e thtthey t5e e+h other s husbnd nd wife. $his de+lrtion shll be +ontined in the mrri!e

+ertifi+te whi+h shll be si!ned by the +ontr+tin! prties nd their witnesses nd ttested by the


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solemni3in! offi+er.

In +se of mrri!e in articulo mortis, when the prty t the point of deth is unble to si!n the

mrri!e +ertifi+te, it shll be suffi+ient for one of the witnesses to the mrri!e to write the

nme of sid prty, whi+h f+t shll be ttested by the solemni3in! offi+er. //1

Art. 7. 'rri!e my be solemni3ed by#

)1 Any in+umbent member of the udi+iry within the +ourt:s urisdi+tion2

01 Any priest, rbbi, imm, or minister of ny +hur+h or reli!ious se+t duly uthori3ed by

his +hur+h or reli!ious se+t nd re!istered with the +ivil re!istrr !enerl, +tin! within thelimits of the written uthority !rnted by his +hur+h or reli!ious se+t nd provided tht t

lest one of the +ontr+tin! prties belon!s to the solemni3in! offi+er:s +hur+h or reli!ious

se+t2

41 Any ship +ptin or irplne +hief only in the +se mentioned in Arti+le 4)2

61 Any militry +ommnder of unit to whi+h +hplin is ssi!ned, in the bsen+e of

the ltter, durin! militry opertion, li5ewise only in the +ses mentioned in Arti+le 402

/1 Any +onsul;!enerl, +onsul or vi+e;+onsul in the +se provided in Arti+le )


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01 Pl+e of birth2

41 A!e nd dte of birth2

61 Civil sttus2

/1 If previously mrried, how, when nd where the previous mrri!e ws dissolved or

nnulled2

91 Present residen+e nd +iti3enship2

71 ?e!ree of reltionship of the +ontr+tin! prties2

81 "ull nme, residen+e nd +iti3enship of the fther2

=1 "ull nme, residen+e nd +iti3enship of the mother2 nd

)


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+orre+tness of the lwful !e of sid prties, s stted in the ppli+tion, or when the lo+l +ivil

re!istrr shll, by merely loo5in! t the ppli+nts upon their personlly pperin! before him, be

+onvin+ed tht either or both of them hve the re*uired !e. 9


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residen+es of the ppli+nts for mrri!e li+ense nd other dt !iven in the ppli+tions. $he

noti+e shll be posted for ten +onse+utive dys on bulletin bord outside the offi+e of the lo+l

+ivil re!istrr lo+ted in +onspi+uous pl+e within the buildin! nd ++essible to the !enerlpubli+. $his noti+e shll re*uest ll persons hvin! 5nowled!e of ny impediment to the mrri!e

to dvise the lo+l +ivil re!istrr thereof. $he mrri!e li+ense shll be issued fter the +ompletionof the period of publi+tion. 941

Art. )8. In +se of ny impediment 5nown to the lo+l +ivil re!istrr or brou!ht to his ttention,he shll note down the prti+ulrs thereof nd his findin!s thereon in the ppli+tion for mrri!e

li+ense, but shll nonetheless issue sid li+ense fter the +ompletion of the period of publi+tion,

unless ordered otherwise by +ompetent +ourt t his own instn+e or tht of ny interest prty.No filin! fee shll be +hr!ed for the petition nor +orrespondin! bond re*uired for the issun+es

of the order. 961

Art. )=. $he lo+l +ivil re!istrr shll re*uire the pyment of the fees pres+ribed by lw or

re!ultions before the issun+e of the mrri!e li+ense. No other sum shll be +olle+ted in thenture of fee or t- of ny 5ind for the issun+e of sid li+ense. It shll, however, be issued free

of +hr!e to indi!ent prties, tht is those who hve no visible mens of in+ome or whose in+ome

is insuffi+ient for their subsisten+e f+t estblished by their ffidvit, or by their oth before thelo+l +ivil re!istrr. 9/1

Art. 0hen either or both of the +ontr+tin! prties re +iti3ens of forei!n +ountry, it shll bene+essry for them before mrri!e li+ense +n be obtined, to submit +ertifi+te of le!l

+p+ity to +ontr+t mrri!e, issued by their respe+tive diplomti+ or +onsulr offi+ils.

@tteless persons or refu!ees from other +ountries shll, in lieu of the +ertifi+te of le!l +p+ity

herein re*uired, submit n ffidvit sttin! the +ir+umstn+es showin! su+h +p+ity to +ontr+t

mrri!e. 991

Art. 00. $he mrri!e +ertifi+te, in whi+h the prties shll de+lre tht they t5e e+h other shusbnd nd wife, shll lso stte#

)1 $he full nme, send !e of e+h +ontr+tin! prty2

01 $heir +iti3enship, reli!ion nd hbitul residen+e2

41 $he dte nd pre+ise time of the +elebrtion of the mrri!e2

61 $ht the proper mrri!e li+ense hs been issued ++ordin! to lw, e-+ept in mrri!e


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provided for in Chpter 0 of this $itle2

/1 $ht either or both of the +ontr+tin! prties hve se+ured the prentl +onsent in

pproprite +ses2

91 $ht either or both of the +ontr+tin! prties hve +omplied with the le!l re*uirementre!rdin! prentl dvi+e in pproprite +ses2 nd

71 $ht the prties hve entered into mrri!e settlement, if ny, tt+hin! +opy thereof.

971

Art. 04. It shll be the duty of the person solemni3in! the mrri!e to furnish either of the+ontr+tin! prties the ori!inl of the mrri!e +ertifi+te referred to in Arti+le 9 nd to send the

dupli+te nd tripli+te +opies of the +ertifi+te not lter thn fifteen dys fter the mrri!e, to

the lo+l +ivil re!istrr of the pl+e where the mrri!e ws solemni3ed. Proper re+eipts shll be

issued by the lo+l +ivil re!istrr to the solemni3in! offi+er trnsmittin! +opies of the mrri!e+ertifi+te. $he solemni3in! offi+er shll retin in his file the *udrupli+te +opy of the mrri!e

+ertifi+te, the +opy of the mrri!e +ertifi+te, the ori!inl of the mrri!e li+ense nd, in proper

+ses, the ffidvit of the +ontr+tin! prty re!rdin! the solemni3tion of the mrri!e in pl+eother thn those mentioned in Arti+le 8. 981

Art. 06. It shll be the duty of the lo+l +ivil re!istrr to prepre the do+uments re*uired by this

$itle, nd to dminister oths to ll interested prties without ny +hr!e in both +ses. $he

do+uments nd ffidvits filed in +onne+tion with ppli+tions for mrri!e li+enses shll bee-empt from do+umentry stmp t-. n1

Art. 0/. $he lo+l +ivil re!istrr +on+erned shll enter ll ppli+tions for mrri!e li+enses filedwith him in re!istry boo5 stri+tly in the order in whi+h the sme re re+eived. e shll re+ord in

sid boo5 the nmes of the ppli+nts, the dte on whi+h the mrri!e li+ense ws issued, ndsu+h other dt s my be ne+essry. n1

Art. 09. All mrri!es solemni3ed outside the Philippines, in ++ordn+e with the lws in for+e in

the +ountry where they were solemni3ed, nd vlid there s su+h, shll lso be vlid in this

+ountry, e-+ept those prohibited under Arti+les 4/ )1, 61, /1 nd 91, 4947 nd 48. )71

>here mrri!e between "ilipino +iti3en nd forei!ner is vlidly +elebrted nd divor+e is

therefter vlidly obtined brod by the lien spouse +p+ittin! him or her to remrry, the

"ilipino spouse shll hve +p+ity to remrry under Philippine lw. As mended by &-e+utiveOrder 0071

Chpter 0. 'rri!es &-empted from %i+ense Re*uirement

Art. 07. In +se either or both of the +ontr+tin! prties re t the point of deth, the mrri!e my

be solemni3ed without ne+essity of mrri!e li+ense nd shll remin vlid even if the ilin!


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prty subse*uently survives. 701

Art. 08. If the residen+e of either prty is so lo+ted tht there is no mens of trnsporttion to

enble su+h prty to pper personlly before the lo+l +ivil re!istrr, the mrri!e my besolemni3ed without ne+essity of mrri!e li+ense. 701

Art. 0=. In the +ses provided for in the two pre+edin! rti+les, the solemni3in! offi+er shll stte

in n ffidvit e-e+uted before the lo+l +ivil re!istrr or ny other person le!lly uthori3ed to

dminister oths tht the mrri!e ws performed in articulo mortis or tht the residen+e of eitherprty, spe+ifyin! the brrio or brn!y, is so lo+ted tht there is no mens of trnsporttion to

enble su+h prty to pper personlly before the lo+l +ivil re!istrr nd tht the offi+er too5 the

ne+essry steps to s+ertin the !es nd reltionship of the +ontr+tin! prties nd the bsen+e ofle!l impediment to the mrri!e. 701

Art. 4


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su+h mrri!es were +ontr+ted with either or both prties believin! in !ood fith tht the

solemni3in! offi+er hd the le!l uthority to do so2

41 $hose solemni3ed without li+ense, e-+ept those +overed the pre+edin! Chpter2

61 $hose bi!mous or poly!mous mrri!es not filin! under Arti+le 6)2

/1 $hose +ontr+ted throu!h mist5e of one +ontr+tin! prty s to the identity of theother2 nd

91 $hose subse*uent mrri!es tht re void under Arti+le /4.

Art. 49. A mrri!e +ontr+ted by ny prty who, t the time of the +elebrtion, ws

psy+holo!i+lly in+p+itted to +omply with the essentil mritl obli!tions of mrri!e, shllli5ewise be void even if su+h in+p+ity be+omes mnifest only fter its solemni3tion. As

mended by &-e+utive Order 0071

Art. 47. 'rri!es between the followin! re in+estuous nd void from the be!innin!, whether

reltionship between the prties be le!itimte or ille!itimte#

)1 etween s+endnts nd des+endnts of ny de!ree2 nd

01 etween brothers nd sisters, whether of the full or hlf blood. 8)1

Art. 48. $he followin! mrri!es shll be void from the be!innin! for resons of publi+ poli+y#

)1 etween +ollterl blood reltives whether le!itimte or ille!itimte, up to the fourth

+ivil de!ree2

01 etween step;prents nd step;+hildren2

41 etween prents;in;lw nd +hildren;in;lw2

61 etween the doptin! prent nd the dopted +hild2

/1 etween the survivin! spouse of the doptin! prent nd the dopted +hild2

91 etween the survivin! spouse of the dopted +hild nd the dopter2

71 etween n dopted +hild nd le!itimte +hild of the dopter2

81 etween dopted +hildren of the sme dopter2 nd

=1 etween prties where one, with the intention to mrry the other, 5illed tht otherperson:s spouse, or his or her own spouse. 801


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Art. 4=. $he +tion or defense for the de+lrtion of bsolute nullity of mrri!e shll not

pres+ribe. As mended by &-e+utive Order 007 nd Republi+ A+t No. 8/442 $he phrse

"However, in case of marriage celebrated before the effectivity of this Code and falling underArticle 36, such action or defense shall prescribe in ten years after this Code shall taken effect"

hs been deleted by Republi+ A+t No. 8/44 DApproved "ebrury 04, )==8E1.

Art. 6


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lw2

61 $he inno+ent spouse my revo5e the desi!ntion of the other spouse who +ted in bd

fith s benefi+iry in ny insurn+e poli+y, even if su+h desi!ntion be stipulted s

irrevo+ble2 nd

/1 $he spouse who +ontr+ted the subse*uent mrri!e in bd fith shll be dis*ulified

to inherit from the inno+ent spouse by testte nd intestte su++ession. n1

Art. 66. If both spouses of the subse*uent mrri!e +ted in bd fith, sid mrri!e shll be void

ab initiond ll dontions by reson of mrri!e nd testmentry dispositions mde by one infvor of the other re revo5ed by opertion of lw. n1

Art. 6/. A mrri!e my be nnulled for ny of the followin! +uses, e-istin! t the time of the

mrri!e#

)1 $ht the prty in whose behlf it is sou!ht to hve the mrri!e nnulled ws ei!hteenyers of !e or over but below twenty;one, nd the mrri!e ws solemni3ed without the

+onsent of the prents, !urdin or person hvin! substitute prentl uthority over the

prty, in tht order, unless fter ttinin! the !e of twenty;one, su+h prty freely

+ohbited with the other nd both lived to!ether s husbnd nd wife2

01 $ht either prty ws of unsound mind, unless su+h prty fter +omin! to reson,

freely +ohbited with the other s husbnd nd wife2

41 $ht the +onsent of either prty ws obtined by frud, unless su+h prty fterwrds,

with full 5nowled!e of the f+ts +onstitutin! the frud, freely +ohbited with the other shusbnd nd wife2

61 $ht the +onsent of either prty ws obtined by for+e, intimidtion or undue

influen+e, unless the sme hvin! disppered or +esed, su+h prty therefter freely

+ohbited with the other s husbnd nd wife2

/1 $ht either prty ws physi+lly in+pble of +onsummtin! the mrri!e with the

other, nd su+h in+p+ity +ontinues nd ppers to be in+urble2 or

91 $ht either prty ws ffli+ted with se-ully;trnsmissible disese found to be

serious nd ppers to be in+urble. 8/1

Art. 69. Any of the followin! +ir+umstn+es shll +onstitute frud referred to in Number 4 of thepre+edin! Arti+le#

)1 Non;dis+losure of previous +onvi+tion by finl ud!ment of the other prty of

+rime involvin! morl turpitude2

01 Con+elment by the wife of the f+t tht t the time of the mrri!e, she ws pre!nnt


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by mn other thn her husbnd2

41 Con+elment of se-ully trnsmissible disese, re!rdless of its nture, e-istin! t the

time of the mrri!e2 or

61 Con+elment of dru! ddi+tion, hbitul l+oholism or homose-ulity or lesbinisme-istin! t the time of the mrri!e.

No other misrepresenttion or de+eit s to +hr+ter, helth, rn5, fortune or +hstity shll

+onstitute su+h frud s will !ive !rounds for +tion for the nnulment of mrri!e. 891

Art. 67. $he +tion for nnulment of mrri!e must be filed by the followin! persons nd withinthe periods indi+ted herein#

)1 "or +uses mentioned in number ) of Arti+le 6/ by the prty whose prent or !urdin

did not !ive his or her +onsent, within five yers fter ttinin! the !e of twenty;one, orby the prent or !urdin or person hvin! le!l +hr!e of the minor, t ny time beforesu+h prty hs re+hed the !e of twenty;one2

01 "or +uses mentioned in number 0 of Arti+le 6/, by the sme spouse, who hd no

5nowled!e of the other:s insnity2 or by ny reltive or !urdin or person hvin! le!l

+hr!e of the insne, t ny time before the deth of either prty, or by the insne spousedurin! lu+id intervl or fter re!inin! snity2

41 "or +uses mentioned in number 4 of Arti+le 6/, by the inured prty, within five yers

fter the dis+overy of the frud2

61 "or +uses mentioned in number 6 of Arti+le 6/, by the inured prty, within five yers

from the time the for+e, intimidtion or undue influen+e disppered or +esed2

/1 "or +uses mentioned in number / nd 9 of Arti+le 6/, by the inured prty, within five

yers fter the mrri!e. 871

Art. 68. In ll +ses of nnulment or de+lrtion of bsolute nullity of mrri!e, the Court shll

order the prose+utin! ttorney or fis+l ssi!ned to it to pper on behlf of the @tte to t5e stepsto prevent +ollusion between the prties nd to t5e +re tht eviden+e is not fbri+ted or

suppressed.

In the +ses referred to in the pre+edin! pr!rph, no ud!ment shll be bsed upon stipultion

of f+ts or +onfession of ud!ment. 881

Art. 6=. ?urin! the penden+y of the +tion nd in the bsen+e of de*ute provisions in written

!reement between the spouses, the Court shll provide for the support of the spouses nd the

+ustody nd support of their +ommon +hildren. $he Court shll !ive prmount +onsidertion to

the morl nd mteril welfre of sid +hildren nd their +hoi+e of the prent with whom they


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wish to remin s provided to in $itle IF. It shll lso provide for pproprite visittion ri!hts of

the other prent. n1

Art. /


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$I$%& II

%&(A% @&PARA$ION

Art. //. A petition for le!l seprtion my be filed on ny of the followin! !rounds#

)1 Repeted physi+l violen+e or !rossly busive +ondu+t dire+ted !inst the petitioner,

+ommon +hild, or +hild of the petitioner2

01 Physi+l violen+e or morl pressure to +ompel the petitioner to +hn!e reli!ious or

politi+l ffilition2

41 Attempt of respondent to +orrupt or indu+e the petitioner, +ommon +hild, or +hild

of the petitioner, to en!!e in prostitution, or +onnivn+e in su+h +orruption orindu+ement2

61 "inl ud!ment senten+in! the respondent to imprisonment of more thn si- yers,

even if prdoned2

/1 ?ru! ddi+tion or hbitul l+oholism of the respondent2

91 %esbinism or homose-ulity of the respondent2

71 Contr+tin! by the respondent of subse*uent bi!mous mrri!e, whether in thePhilippines or brod2

81 @e-ul infidelity or perversion2

=1 Attempt by the respondent !inst the life of the petitioner2 or

)


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/1 >here there is +ollusion between the prties to obtin de+ree of le!l seprtion2 or

91 >here the +tion is brred by pres+ription. )


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the provisions of Arti+le 0)4 of this Code2 nd

61 $he offendin! spouse shll be dis*ulified from inheritin! from the inno+ent spouse

by intestte su++ession. 'oreover, provisions in fvor of the offendin! spouse mde in the

will of the inno+ent spouse shll be revo5ed by opertion of lw. )


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su+h order shll be re+orded in the proper re!istries of properties.

$he re+ordin! of the orderin! in the re!istries of property shll not preudi+e ny +reditor not

listed or not notified, unless the debtor;spouse hs suffi+ient seprte properties to stisfy the+reditor:s +lim. )=/, )&&N U@AN? AN? >I"&

Art. 98. $he husbnd nd wife re obli!ed to live to!ether, observe mutul love, respe+t nd

fidelity, nd render mutul help nd support. )


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))71

$I$%& IB

PROP&R$G R&%A$ION@ &$>&&N U@AN? AN? >I"&

Chpter ). (enerl Provisions

Art. 76. $he property reltionship between husbnd nd wife shll be !overned in the followin!

order#)1 y mrri!e settlements e-e+uted before the mrri!e2

01 y the provisions of this Code2 nd

41 y the lo+l +ustom. ))81

Art. 7/. $he future spouses my, in the mrri!e settlements, !ree upon the re!ime of bsolute

+ommunity, +onu!l prtnership of !ins, +omplete seprtion of property, or ny other re!ime.In the bsen+e of mrri!e settlement, or when the re!ime !reed upon is void, the system of

bsolute +ommunity of property s estblished in this Code shll !overn. ))=1

Art. 79. In order tht ny modifi+tion in the mrri!e settlements my be vlid, it must be mde

before the +elebrtion of the mrri!e, sube+t to the provisions of Arti+les 99, 97, )08, )4/ nd)49. )0)1

Art. 77. $he mrri!e settlements nd ny modifi+tion thereof shll be in writin!, si!ned by the

prties nd e-e+uted before the +elebrtion of the mrri!e. $hey shll not preudi+e third persons

unless they re re!istered in the lo+l +ivil re!istry where the mrri!e +ontr+t is re+orded s

well s in the proper re!istries of properties. )001

Art. 78. A minor who ++ordin! to lw my +ontr+t mrri!e my lso e-e+ute his or her

mrri!e settlements, but they shll be vlid only if the persons desi!nted in Arti+le )6 to !ive+onsent to the mrri!e re mde prties to the !reement, sube+t to the provisions of $itle IF of

this Code. )0


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01 >ith respe+t to the e-trinsi+ vlidity of +ontr+ts ffe+tin! property not situted in the

Philippines nd e-e+uted in the +ountry where the property is lo+ted2 nd

41 >ith respe+t to the e-trinsi+ vlidity of +ontr+ts entered into in the Philippines but

ffe+tin! property situted in forei!n +ountry whose lws re*uire different formlitiesfor its e-trinsi+ vlidity. )061

Art. 8). &verythin! stipulted in the settlements or +ontr+ts referred to in the pre+edin! rti+les

in +onsidertion of future mrri!e, in+ludin! dontions between the prospe+tive spouses mdetherein, shll be rendered void if the mrri!e does not t5e pl+e. owever, stipultions tht do

not depend upon the +elebrtion of the mrri!es shll be vlid. )0/1

Chpter 0. ?ontions by Reson of 'rri!e

Art. 80. ?ontions by reson of mrri!e re those whi+h re mde before its +elebrtion, in

+onsidertion of the sme, nd in fvor of one or both of the future spouses. )091

Art. 84. $hese dontions re !overned by the rules on ordinry dontions estblished in $itle IIIof oo5 III of the Civil Code, insofr s they re not modified by the followin! rti+les. )071

Art. 86. If the future spouses !ree upon re!ime other thn the bsolute +ommunity of property,

they +nnot donte to e+h other in their mrri!e settlements more thn one;fifth of their presentproperty. Any e-+ess shll be +onsidered void.

?ontions of future property shll be !overned by the provisions on testmentry su++ession nd

the formlities of wills. )4hen the mrri!e t5es pl+e without the +onsent of the prents or !urdin, sre*uired by lw2

41 >hen the mrri!e is nnulled, nd the donee +ted in bd fith2

61 Upon le!l seprtion, the donee bein! the !uilty spouse2
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/1 If it is with resolutory +ondition nd the +ondition is +omplied with2

91 >hen the donee hs +ommitted n +t of in!rtitude s spe+ified by the provisions of

the Civil Code on dontions in !enerl. )401

Art. 87. &very dontion or !rnt of !rtuitous dvnt!e, dire+t or indire+t, between the spousesdurin! the mrri!e shll be void, e-+ept moderte !ifts whi+h the spouses my !ive e+h other

on the o++sion of ny fmily reoi+in!. $he prohibition shll lso pply to persons livin!

to!ether s husbnd nd wife without vlid mrri!e. )441

Chpter 4. @ystem of Absolute Community

@e+tion ). (enerl Provisions

Art. 88. $he bsolute +ommunity of property between spouses shll +ommen+e t the pre+ise

moment tht the mrri!e is +elebrted. Any stipultion, e-press or implied, for the

+ommen+ement of the +ommunity re!ime t ny other time shll be void. )6/1

Art. 8=. No wiver of ri!hts, shres nd effe+ts of the bsolute +ommunity of property durin! themrri!e +n be mde e-+ept in +se of udi+il seprtion of property.

>hen the wiver t5es pl+e upon udi+il seprtion of property, or fter the mrri!e hs been

dissolved or nnulled, the sme shll pper in publi+ instrument nd shll be re+orded sprovided in Arti+le 77. $he +reditors of the spouse who mde su+h wiver my petition the +ourt

to res+ind the wiver to the e-tent of the mount suffi+ient to +over the mount of their +redits.

)691

Art. =ht Constitutes Community Property

Art. =). Unless otherwise provided in this Chpter or in the mrri!e settlements, the +ommunity

property shll +onsist of ll the property owned by the spouses t the time of the +elebrtion of

the mrri!e or +*uired therefter. )=71

Art. =0. $he followin! shll be e-+luded from the +ommunity property#

)1 Property +*uired durin! the mrri!e by !rtuitous title by either spouse, nd the

fruits s well s the in+ome thereof, if ny, unless it is e-pressly provided by the donor,

testtor or !rntor tht they shll form prt of the +ommunity property2

01 Property for personl nd e-+lusive use of either spouse. owever, ewelry shll formprt of the +ommunity property2


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41 Property +*uired before the mrri!e by either spouse who hs le!itimte

des+endnts by former mrri!e, nd the fruits s well s the in+ome, if ny, of su+h

property. 0


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)


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61 In +se of udi+il seprtion of property durin! the mrri!e under Arti+les )46 to

)48. )7/1

Art. )


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delivered to e+h of them.

61 $he net reminder of the properties of the bsolute +ommunity shll +onstitute its net

ssets, whi+h shll be divided e*ully between husbnd nd wife, unless different

proportion or division ws !reed upon in the mrri!e settlements, or unless there hsbeen voluntry wiver of su+h shre provided in this Code. "or purpose of +omputin!

the net profits sube+t to forfeiture in ++ordn+e with Arti+les 64, No. 01 nd 94, No. 01,

the sid profits shll be the in+rese in vlue between the mr5et vlue of the +ommunityproperty t the time of the +elebrtion of the mrri!e nd the mr5et vlue t the time of

its dissolution.

/1 $he presumptive le!itimes of the +ommon +hildren shll be delivered upon prtition,

in ++ordn+e with Arti+le /).

91 Unless otherwise !reed upon by the prties, in the prtition of the properties, the

+onu!l dwellin! nd the lot on whi+h it is situted shll be dudi+ted to the spousewith whom the mority of the +ommon +hildren +hoose to remin. Children below the

!e of seven yers re deemed to hve +hosen the mother, unless the +ourt hs de+idedotherwise. In +se there in no su+h mority, the +ourt shll de+ide, t5in! into

+onsidertion the best interests of sid +hildren. n1

Art. )


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Art. )


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utomti+lly termintes the dministrtion over su+h property nd the pro+eeds of the liention

shll be turned over to the owner;spouse. n1

Art. ))4. Property donted or left by will to the spouses, ointly nd with desi!ntion of

determinte shres, shll pertin to the donee;spouses s his or her own e-+lusive property, nd inthe bsen+e of desi!ntion, shre nd shre li5e, without preudi+e to the ri!ht of ++retion when

proper. )/


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Art. ))8. Property bou!ht on instllments pid prtly from e-+lusive funds of either or both

spouses nd prtly from +onu!l funds belon!s to the buyer or buyers if full ownership wsvested before the mrri!e nd to the +onu!l prtnership if su+h ownership ws vested durin!

the mrri!e. In either +se, ny mount dvn+ed by the prtnership or by either or both spouses

shll be reimbursed by the owner or owners upon li*uidtion of the prtnership. n1

Art. ))=. >henever n mount or +redit pyble within period of time belon!s to one of thespouses, the sums whi+h my be +olle+ted durin! the mrri!e in prtil pyments or by

instllments on the prin+ipl shll be the e-+lusive property of the spouse. owever, interests

fllin! due durin! the mrri!e on the prin+ipl shll belon! to the +onu!l prtnership. )/9,

)/71

Art. )0hen the +ost of the improvement mde by the +onu!l prtnership nd ny resultin!

in+rese in vlue re more thn the vlue of the property t the time of the improvement,

the entire property of one of the spouses shll belon! to the +onu!l prtnership, sube+tto reimbursement of the vlue of the property of the owner;spouse t the time of the

improvement2 otherwise, sid property shll be retined in ownership by the owner;

spouse, li5ewise sube+t to reimbursement of the +ost of the improvement.

In either +se, the ownership of the entire property shll be vested upon thereimbursement, whi+h shll be mde t the time of the li*uidtion of the +onu!l

prtnership. )/81

@e+tion 6. Chr!es Upon nd Obli!tions of

the Conu!l Prtnership

Art. )0). $he +onu!l prtnership shll be lible for#

)1 $he support of the spouse, their +ommon +hildren, nd the le!itimte +hildren of eitherspouse2 however, the support of ille!itimte +hildren shll be !overned by the provisions

of this Code on @upport2

01 All debts nd obli!tions +ontr+ted durin! the mrri!e by the desi!nted

dministrtor;spouse for the benefit of the +onu!l prtnership of !ins, or by both

spouses or by one of them with the +onsent of the other2

41 ?ebts nd obli!tions +ontr+ted by either spouse without the +onsent of the other to

the e-tent tht the fmily my hve benefited2

61 All t-es, liens, +hr!es, nd e-penses, in+ludin! mor or minor repirs upon the+onu!l prtnership property2


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/1 All t-es nd e-penses for mere preservtion mde durin! the mrri!e upon the

seprte property of either spouse2

91 &-penses to enble either spouse to +ommen+e or +omplete professionl, vo+tionl,

or other +tivity for self;improvement2

71 Ante;nuptil debts of either spouse insofr s they hve redounded to the benefit of the

fmily2

81 $he vlue of wht is donted or promised by both spouses in fvor of their +ommon

le!itimte +hildren for the e-+lusive purpose of +ommen+in! or +ompletin! professionlor vo+tionl +ourse or other +tivity for self;improvement2 nd

=1 &-penses of liti!tion between the spouses unless the suit is found to !roundless.

If the +onu!l prtnership is insuffi+ient to +over the fore!oin! libilities, the spouses shll besolidrily lible for the unpid bln+e with their seprte properties. )9)1

Art. )00. $he pyment of personl debts +ontr+ted by the husbnd or the wife before or durin!the mrri!e shll not be +hr!ed to the +onu!l properties prtnership e-+ept insofr s they

redounded to the benefit of the fmily.

Neither shll the fines nd pe+uniry indemnities imposed upon them be +hr!ed to the

prtnership.

owever, the pyment of personl debts +ontr+ted by either spouse before the mrri!e, tht of

fines nd indemnities imposed upon them, s well s the support of ille!itimte +hildren of eitherspouse, my be enfor+ed !inst the prtnership ssets fter the responsibilities enumerted in the

pre+edin! Arti+le hve been +overed, if the spouse who is bound should hve no e-+lusiveproperty or if it should be insuffi+ient2 but t the time of the li*uidtion of the prtnership, su+h

spouse shll be +hr!ed for wht hs been pid for the purpose bove;mentioned. )941

Art. )04. >htever my be lost durin! the mrri!e in ny !me of +hn+e or in bettin!,sweepst5es, or ny other 5ind of !mblin! whether permitted or prohibited by lw, shll be

borne by the loser nd shll not be +hr!ed to the +onu!l prtnership but ny winnin!s

therefrom shll form prt of the +onu!l prtnership property. )961

@e+tion /. Administrtion of the

Conu!l Prtnership Property

Art. )06. $he dministrtion nd enoyment of the +onu!l prtnership shll belon! to bothspouses ointly. In +se of dis!reement, the husbnd:s de+ision shll previl, sube+t to re+ourse

to the +ourt by the wife for proper remedy, whi+h must be viled of within five yers from the

dte of the +ontr+t implementin! su+h de+ision.


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In the event tht one spouse is in+p+itted or otherwise unble to prti+ipte in the

dministrtion of the +onu!l properties, the other spouse my ssume sole powers of

dministrtion. $hese powers do not in+lude disposition or en+umbrn+e without uthority of the+ourt or the written +onsent of the other spouse. In the bsen+e of su+h uthority or +onsent, the

disposition or en+umbrn+e shll be void. owever, the trns+tion shll be +onstrued s +ontinuin! offer on the prt of the +onsentin! spouse nd the third person, nd my be perfe+teds bindin! +ontr+t upon the ++eptn+e by the other spouse or uthori3tion by the +ourt before

the offer is withdrwn by either or both offerors. )9/1

Art. )0/. Neither spouse my donte ny +onu!l prtnership property without the +onsent of the

other. owever, either spouse my, without the +onsent of the other, m5e moderte dontionsfrom the +onu!l prtnership property for +hrity or on o++sions of fmily reoi+in! or fmily

distress. )761

@e+tion 9. ?issolution of Conu!l Prtnership Re!ime

Art. )09. $he +onu!l prtnership termintes#

)1 Upon the deth of either spouse2

01 >hen there is de+ree of le!l seprtion2

41 >hen the mrri!e is nnulled or de+lred void2 or

61 In +se of udi+il seprtion of property durin! the mrri!e under Arti+les )46 to

)48. )7/1

Art. )07. $he seprtion in f+t between husbnd nd wife shll not ffe+t the re!ime of +onu!l

prtnership, e-+ept tht#)1 $he spouse who leves the +onu!l home or refuses to live therein, without ust +use,

shll not hve the ri!ht to be supported2

01 >hen the +onsent of one spouse to ny trns+tion of the other is re*uired by lw,

udi+il uthori3tion shll be obtined in summry pro+eedin!2

41 In the bsen+e of suffi+ient +onu!l prtnership property, the seprte property of both

spouses shll be solidrily lible for the support of the fmily. $he spouse present shll,

upon petition in summry pro+eedin!, be !iven udi+il uthority to dminister oren+umber ny spe+ifi+ seprte property of the other spouse nd use the fruits or pro+eeds

thereof to stisfy the ltter:s shre. )781

Art. )08. If spouse without ust +use bndons the other or fils to +omply with his or her

obli!tion to the fmily, the !!rieved spouse my petition the +ourt for re+eivership, for udi+ilseprtion of property, or for uthority to be the sole dministrtor of the +onu!l prtnership

property, sube+t to su+h pre+utionry +onditions s the +ourt my impose.


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$he obli!tions to the fmily mentioned in the pre+edin! pr!rph refer to mritl, prentl or

property reltions.

A spouse is deemed to hve bndoned the other when he or she hs left the +onu!l dwellin!

without intention of returnin!. $he spouse who hs left the +onu!l dwellin! for period of threemonths or hs filed within the sme period to !ive ny informtion s to his or her wherebouts

shll be prim f+ie presumed to hve no intention of returnin! to the +onu!l dwellin!. )97,

)=)1

@e+tion 7. %i*uidtion of the

Conu!l Prtnership Assets nd %ibilities

Art. )0=. Upon the dissolution of the +onu!l prtnership re!ime, the followin! pro+edure shll

pply#

)1 An inventory shll be prepred, listin! seprtely ll the properties of the +onu!lprtnership nd the e-+lusive properties of e+h spouse.

01 Amounts dvn+ed by the +onu!l prtnership in pyment of personl debts nd

obli!tions of either spouse shll be +redited to the +onu!l prtnership s n sset

thereof.

41 &+h spouse shll be reimbursed for the use of his or her e-+lusive funds in the

+*uisition of property or for the vlue of his or her e-+lusive property, the ownership of

whi+h hs been vested by lw in the +onu!l prtnership.

61 $he debts nd obli!tions of the +onu!l prtnership shll be pid out of the +onu!lssets. In +se of insuffi+ien+y of sid ssets, the spouses shll be solidrily lible for the

unpid bln+e with their seprte properties, in ++ordn+e with the provisions of

pr!rph 01 of Arti+le )0).

/1 >htever remins of the e-+lusive properties of the spouses shll therefter bedelivered to e+h of them.

91 Unless the owner hd been indemnified from whtever sour+e, the loss or deteriortion

of movbles used for the benefit of the fmily, belon!in! to either spouse, even due to

fortuitous event, shll be pid to sid spouse from the +onu!l funds, if ny.

71 $he net reminder of the +onu!l prtnership properties shll +onstitute the profits,

whi+h shll be divided e*ully between husbnd nd wife, unless different proportion or

division ws !reed upon in the mrri!e settlements or unless there hs been voluntry

wiver or forfeiture of su+h shre s provided in this Code.

81 $he presumptive le!itimes of the +ommon +hildren shll be delivered upon the


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prtition in ++ordn+e with Arti+le /).

=1 In the prtition of the properties, the +onu!l dwellin! nd the lot on whi+h it is

situted shll, unless otherwise !reed upon by the prties, be dudi+ted to the spouse

with whom the mority of the +ommon +hildren +hoose to remin. Children below the!e of seven yers re deemed to hve +hosen the mother, unless the +ourt hs de+ided

otherwise. In +se there is no su+h mority, the +ourt shll de+ide, t5in! into

+onsidertion the best interests of sid +hildren. )8), )80, )84, )86, )8/1

Art. )4henever the li*uidtion of the +onu!l prtnership properties of two or more

mrri!es +ontr+ted by the sme person before the effe+tivity of this Code is +rried outsimultneously, the respe+tive +pitl, fruits nd in+ome of e+h prtnership shll be determined

upon su+h proof s my be +onsidered ++ordin! to the rules of eviden+e. In +se of doubt s to

whi+h prtnership the e-istin! properties belon!, the sme shll be divided between the differentprtnerships in proportion to the +pitl nd durtion of e+h. )8=1

Art. )40. $he Rules of Courton the dministrtion of esttes of de+esed persons shll be

observed in the pprisl nd sle of property of the +onu!l prtnership, nd other mtters

whi+h re not e-pressly determined in this Chpter. )871

Art. )44. "rom the +ommon mss of property support shll be !iven to the survivin! spouse ndto the +hildren durin! the li*uidtion of the inventoried property nd until wht belon!s to them is

delivered2 but from this shll be dedu+ted tht mount re+eived for support whi+h e-+eeds the

fruits or rents pertinin! to them. )881

Chpter /. @eprtion of Property of the

@pouses nd Administrtion of Common Property by

One @pouse ?urin! the 'rri!e

Art. )46. In the bsen+e of n e-press de+lrtion in the mrri!e settlements, the seprtion of

property between spouses durin! the mrri!e shll not t5e pl+e e-+ept by udi+il order. @u+h
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udi+il seprtion of property my either be voluntry or for suffi+ient +use. )=


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re+orded in the proper lo+l +ivil re!istries nd re!istries of property. )=41

Art. )6hen the +ivil interdi+tion termintes2

01 >hen the bsentee spouse reppers2

41 >hen the +ourt, bein! stisfied tht the spouse !rnted the power of dministrtion inthe mrri!e settlements will not !in buse tht power, uthori3es the resumption of

sid dministrtion2

61 >hen the spouse who hs left the +onu!l home without de+ree of le!l seprtion

resumes +ommon life with the other2

/1 >hen prentl uthority is udi+illy restored to the spouse previously deprived

thereof2

91 >hen the spouses who hve seprted in f+t for t lest one yer, re+on+ile nd

resume +ommon life2 or

71 >hen fter voluntry dissolution of the bsolute +ommunity of property or +onu!lprtnership hs been udi+illy de+reed upon the oint petition of the spouses, they !ree

to the revivl of the former property re!ime. No voluntry seprtion of property my

therefter be !rnted.

$he revivl of the former property re!ime shll be !overned by Arti+le 97. )=/1

Art. )60. $he dministrtion of ll +lsses of e-+lusive property of either spouse my be

trnsferred by the +ourt to the other spouse#

)1 >hen one spouse be+omes the !urdin of the other2

01 >hen one spouse is udi+illy de+lred n bsentee2

41 >hen one spouse is senten+ed to penlty whi+h +rries with it +ivil interdi+tion2 or

61 >hen one spouse be+omes fu!itive from usti+e or is in hidin! s n ++used in +riminl +se.


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If the other spouse is not *ulified by reson of in+ompeten+e, +onfli+t of interest, or ny other

ust +use, the +ourt shll ppoint suitble person to be the dministrtor. n1

Chpter 9. Re!ime of @eprtion of Property

Art. )64. @hould the future spouses !ree in the mrri!e settlements tht their property reltionsdurin! mrri!e shll be !overned by the re!ime of seprtion of property, the provisions of this

Chpter shll be suppletory. 0)01

Art. )66. @eprtion of property my refer to present or future property or both. It my be totl or

prtil. In the ltter +se, the property not !reed upon s seprte shll pertin to the bsolute+ommunity. 0)41

Art. )6/. &+h spouse shll own, dispose of, possess, dminister nd enoy his or her own

seprte estte, without need of the +onsent of the other. $o e+h spouse shll belon! ll ernin!sfrom his or her profession, business or industry nd ll fruits, nturl, industril or +ivil, due or

re+eived durin! the mrri!e from his or her seprte property. 0)61

Art. )69. oth spouses shll ber the fmily e-penses in proportion to their in+ome, or, in +se of

insuffi+ien+y or defult thereof, to the +urrent mr5et vlue of their seprte properties.

$he libilities of the spouses to +reditors for fmily e-penses shll, however, be solidry. 0)/1

Chpter 7. Property Re!ime of Unions >ithout 'rri!e

Art. )67. >hen mn nd womn who re +p+itted to mrry e+h other, live e-+lusively

with e+h other s husbnd nd wife without the benefit of mrri!e or under void mrri!e,their w!es nd slries shll be owned by them in e*ul shres nd the property +*uired by both

of them throu!h their wor5 or industry shll be !overned by the rules on +o;ownership.

In the bsen+e of proof to the +ontrry, properties +*uired while they lived to!ether shll be

presumed to hve been obtined by their oint efforts, wor5 or industry, nd shll be owned by

them in e*ul shres. "or purposes of this Arti+le, prty who did not prti+ipte in the

+*uisition by the other prty of ny property shll be deemed to hve +ontributed ointly in the+*uisition thereof if the former:s efforts +onsisted in the +re nd mintenn+e of the fmily nd

of the household.

Neither prty +n en+umber or dispose by +ts inter vivos of his or her shre in the property+*uired durin! +ohbittion nd owned in +ommon, without the +onsent of the other, until fterthe termintion of their +ohbittion.

>hen only one of the prties to void mrri!e is in !ood fith, the shre of the prty in bd fith

in the +o;ownership shll be forfeited in fvor of their +ommon +hildren. In +se of defult of orwiver by ny or ll of the +ommon +hildren or their des+endnts, e+h v+nt shre shll belon!

to the respe+tive survivin! des+endnts. In the bsen+e of des+endnts, su+h shre shll belon! to


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the inno+ent prty. In ll +ses, the forfeiture shll t5e pl+e upon termintion of the

+ohbittion. )661

Art. )68. In +ses of +ohbittion not fllin! under the pre+edin! Arti+le, only the properties

+*uired by both of the prties throu!h their +tul oint +ontribution of money, property, orindustry shll be owned by them in +ommon in proportion to their respe+tive +ontributions. In the

bsen+e of proof to the +ontrry, their +ontributions nd +orrespondin! shres re presumed to be

e*ul. $he sme rule nd presumption shll pply to oint deposits of money nd eviden+es of+redit.

If one of the prties is vlidly mrried to nother, his or her shre in the +o;ownership shll ++rue

to the bsolute +ommunity or +onu!l prtnership e-istin! in su+h vlid mrri!e. If the prty

who +ted in bd fith is not vlidly mrried to nother, his or her shll be forfeited in the mnnerprovided in the lst pr!rph of the pre+edin! Arti+le.

$he fore!oin! rules on forfeiture shll li5ewise pply even if both prties re in bd fith. )661

$I$%& B$& "A'I%G

Chpter ). $he "mily s n Institution

Art. )6=. $he fmily, bein! the foundtion of the ntion, is bsi+ so+il institution whi+h publi+

poli+y +herishes nd prote+ts. Conse*uently, fmily reltions re !overned by lw nd no +ustom,

pr+ti+e or !reement destru+tive of the fmily shll be re+o!ni3ed or !iven effe+t. 0)9, 0)81

Art. /


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Art. )/0. $he fmily home, +onstituted ointly by the husbnd nd the wife or by n unmrried

hed of fmily, is the dwellin! house where they nd their fmily reside, nd the lnd on whi+hit is situted. 0041

Art. )/4. $he fmily home is deemed +onstituted on house nd lot from the time it is o++upied

s fmily residen+e. "rom the time of its +onstitution nd so lon! s ny of its benefi+iries+tully resides therein, the fmily home +ontinues to be su+h nd is e-empt from e-e+ution,for+ed sle or tt+hment e-+ept s hereinfter provided nd to the e-tent of the vlue llowed by

lw. 0041

Art. )/6. $he benefi+iries of fmily home re#

)1 $he husbnd nd wife, or n unmrried person who is the hed of fmily2 nd

01 $heir prents, s+endnts, des+endnts, brothers nd sisters, whether the reltionshipbe le!itimte or ille!itimte, who re livin! in the fmily home nd who depend upon the

hed of the fmily for le!l support. 0091

Art. )//. $he fmily home shll be e-empt from e-e+ution, for+ed sle or tt+hment e-+ept#

)1 "or nonpyment of t-es2

01 "or debts in+urred prior to the +onstitution of the fmily home2

41 "or debts se+ured by mort!!es on the premises before or fter su+h +onstitution2 nd

61 "or debts due to lborers, me+hni+s, r+hite+ts, builders, mterilmen nd others who

hve rendered servi+e or furnished mteril for the +onstru+tion of the buildin!. 0641

Art. )/9. $he fmily home must be prt of the properties of the bsolute +ommunity or the

+onu!l prtnership, or of the e-+lusive properties of either spouse with the ltter:s +onsent. Itmy lso be +onstituted by n unmrried hed of fmily on his or her own property.

Nevertheless, property tht is the sube+t of +onditionl sle on instllments where ownership is

reserved by the vendor only to !urntee pyment of the pur+hse pri+e my be +onstituted s fmily home. 007, 0081

Art. )/7. $he +tul vlue of the fmily home shll not e-+eed, t the time of its +onstitution, the

mount of the three hundred thousnd pesos in urbn res, nd two hundred thousnd pesos in

rurl res, or su+h mounts s my herefter be fi-ed by lw.

In ny event, if the vlue of the +urren+y +hn!es fter the doption of this Code, the vlue mostfvorble for the +onstitution of fmily home shll be the bsis of evlution.

"or purposes of this Arti+le, urbn res re deemed to in+lude +hrtered +ities nd muni+iplities

whose nnul in+ome t lest e*uls tht le!lly re*uired for +hrtered +ities. All others re


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deemed to be rurl res. 04)1

Art. )/8. $he fmily home my be sold, liented, donted, ssi!ned or en+umbered by the owner

or owners thereof with the written +onsent of the person +onstitutin! the sme, the ltter:s spouse,

nd mority of the benefi+iries of le!l !e. In +se of +onfli+t, the +ourt shll de+ide. 04/1

Art. )/=. $he fmily home shll +ontinue despite the deth of one or both spouses or of the

unmrried hed of the fmily for period of ten yers or for s lon! s there is minor

benefi+iry, nd the heirs +nnot prtition the sme unless the +ourt finds +ompellin! resonstherefor. $his rule shll pply re!rdless of whoever owns the property or +onstituted the fmily

home. 0481

Art. )9hen +reditor whose +lims is not mon! those mentioned in Arti+le )// obtins

ud!ment in his fvor, nd he hs resonble !rounds to believe tht the fmily home is +tullyworth more thn the m-imum mount fi-ed in Arti+le )/7, he my pply to the +ourt whi+h

rendered the ud!ment for n order dire+tin! the sle of the property under e-e+ution. $he +ourtshll so order if it finds tht the +tul vlue of the fmily home e-+eeds the m-imum mount

llowed by lw s of the time of its +onstitution. If the in+resed +tul vlue e-+eeds them-imum llowed in Arti+le )/7 nd results from subse*uent voluntry improvements introdu+ed

by the person or persons +onstitutin! the fmily home, by the owner or owners of the property, or

by ny of the benefi+iries, the sme rule nd pro+edure shll pply.

At the e-e+ution sle, no bid below the vlue llowed for fmily home shll be +onsidered. $he

pro+eeds shll be pplied first to the mount mentioned in Arti+le )/7, nd then to the libilities

under the ud!ment nd the +osts. $he e-+ess, if ny, shll be delivered to the ud!ment debtor.

067, 0681

Art. )9). "or purposes of vilin! of the benefits of fmily home s provided for in this

Chpter, person my +onstitute, or be the benefi+iry of, only one fmily home. n1

Art. )90. $he provisions in this Chpter shll lso !overn e-istin! fmily residen+es insofr s

sid provisions re ppli+ble. n1

$I$%& BI

PA$&RNI$G AN? "I%IA$ION

Chpter ). %e!itimte Children

Art. )94. $he filition of +hildren my be by nture or by doption. Nturl filition my be

le!itimte or ille!itimte. n1

Art. )96. Children +on+eived or born durin! the mrri!e of the prents re le!itimte.

Children +on+eived s result of rtifi+il insemintion of the wife with the sperm of the husbnd

or tht of donor or both re li5ewise le!itimte +hildren of the husbnd nd his wife, provided,


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tht both of them uthori3ed or rtified su+h insemintion in written instrument e-e+uted nd

si!ned by them before the birth of the +hild. $he instrument shll be re+orded in the +ivil re!istry

to!ether with the birth +ertifi+te of the +hild. //, 0/81

Art. )9/. Children +on+eived nd born outside vlid mrri!e re ille!itimte, unless otherwiseprovided in this Code. n1

Art. )99. %e!itim+y of +hild my be impu!ned only on the followin! !rounds#

)1 $ht it ws physi+lly impossible for the husbnd to hve se-ul inter+ourse with his

wife within the first )0< dys of the 4


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09)1

Art. )7


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)1 $o ber the surnmes of the fther nd the mother, in +onformity with the provisions of

the Civil Code on @urnmes2

01 $o re+eive support from their prents, their s+endnts, nd in proper +ses, theirbrothers nd sisters, in +onformity with the provisions of this Code on @upport2 nd

41 $o be entitled to the le!itimte nd other su++essionl ri!hts !rnted to them by the

Civil Code. 0961

Chpter 4. Ille!itimte Children

Art. )7/. Ille!itimte +hildren my estblish their ille!itimte filition in the sme wy nd on the

sme eviden+e s le!itimte +hildren.

$he +tion must be brou!ht within the sme period spe+ified in Arti+le )74, e-+ept when the+tion is bsed on the se+ond pr!rph of Arti+le )70, in whi+h +se the +tion my be brou!ht

durin! the lifetime of the lle!ed prent. 08=1

Art. )79. Ille!itimte +hildren shll use the surnme nd shll be under the prentl uthority of

their mother, nd shll be entitled to support in +onformity with this Code. $he le!itime of e+hille!itimte +hild shll +onsist of one;hlf of the le!itime of le!itimte +hild. &-+ept for this

modifi+tion, ll other provisions in theCivil Code!overnin! su++essionl ri!hts shll remin in

for+e. 0871

Chpter 6. %e!itimted Children

Art. )77. Only +hildren +on+eived nd born outside of wedlo+5 of prents who, t the time of the+on+eption of the former, were not dis*ulified by ny impediment to mrry e+h other my be

le!itimted. 09=1

Art. )78. %e!itimtion shll t5e pl+e by subse*uent vlid mrri!e between prents. $hennulment of voidble mrri!e shll not ffe+t the le!itimtion. 07


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)1 A person of le!l !e, unless he or she is +hild by nture of the dopter or his or her

spouse, or, prior to the doption, sid person hs been +onsistently +onsidered nd tretedby the dopter s his or her own +hild durin! minority.

01 An lien with whose !overnment the Republi+ of the Philippines hs no diplomti+

reltions2 nd

41 A person who hs lredy been dopted unless su+h doption hs been previously

revo5ed or res+inded. 4


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inherited by the prents or s+endnts nd the other hlf, by the dopters2

41 >hen the survivin! spouse or the ille!itimte +hildren of the dopted +on+ur with the

dopters, they shll divide the entire estte in e*ul shres, one;hlf to be inherited by the

spouse or the ille!itimte +hildren of the dopted nd the other hlf, by the dopters.

61 >hen the dopters +on+ur with the ille!itimte +hildren nd the survivin! spouse of

the dopted, they shll divide the entire estte in e*ul shres, one;third to be inherited by

the ille!itimte +hildren, one;third by the survivin! spouse, nd one;third by the dopters2

/1 >hen only the dopters survive, they shll inherit the entire estte2 nd

91 >hen only +ollterl blood reltives of the dopted survive, then the ordinry rules of

le!l or intestte su++ession shll pply. 4=61, P? 9


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$I$%& BIII

@UPPOR$

Art. )=6. @upport +omprises everythin! indispensble for sustenn+e, dwellin!, +lothin!, medi+l

ttendn+e, edu+tion nd trnsporttion, in 5eepin! with the finn+il +p+ity of the fmily.

$he edu+tion of the person entitled to be supported referred to in the pre+edin! pr!rph shllin+lude his s+hoolin! or trinin! for some profession, trde or vo+tion, even beyond the !e of

mority. $rnsporttion shll in+lude e-penses in !oin! to nd from s+hool, or to nd from pl+e

of wor5. 0=


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inno+ent one, spe+ifyin! the terms of su+h order. 0=01

Art. )==. >henever two or more persons re obli!ed to !ive support, the libility shll devolve

upon the followin! persons in the order herein provided#

)1 $he spouse2

01 $he des+endnts in the nerest de!ree2

41 $he s+endnts in the nerest de!ree2 nd

61 $he brothers nd sisters. 0=61

Art. 0hen two or more re+ipients t the sme time +lim support from one nd the sme person

le!lly obli!ed to !ive it, should the ltter not hve suffi+ient mens to stisfy ll +lims, theorder estblished in the pre+edin! rti+le shll be followed, unless the +on+urrent obli!ees should

be the spouse nd +hild sube+t to prentl uthority, in whi+h +se the +hild shll be preferred.

0=/1

Art. 0


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morl or le!l obst+le thereto. 0==1

Art. 0


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property of the +hildren. n1

Art. 0)4. In +se of seprtion of the prents, prentl uthority shll be e-er+ised by the prent

desi!nted by the Court. $he Court shll t5e into ++ount ll relevnt +onsidertions, espe+illy

the +hoi+e of the +hild over seven yers of !e, unless the prent +hosen is unfit. n1

Art. 0)6. In +se of deth, bsen+e or unsuitbility of the prents, substitute prentl uthority

shll be e-er+ised by the survivin! !rndprent. In +se severl survive, the one desi!nted by the

+ourt, t5in! into ++ount the sme +onsidertion mentioned in the pre+edin! rti+le, shlle-er+ise the uthority. 4//1

Art. 0)/. No des+endnt shll be +ompelled, in +riminl +se, to testify !inst his prents nd

!rndprents, e-+ept when su+h testimony is indispensble in +rime !inst the des+endnt or

by one prent !inst the other. 4)/1

Chpter 0. @ubstitute nd @pe+il Prentl Authority

Art. 0)9. In defult of prents or udi+illy ppointed !urdin, the followin! person shlle-er+ise substitute prentl uthority over the +hild in the order indi+ted#

)1 $he survivin! !rndprent, s provided in Art. 0)62

01 $he oldest brother or sister, over twenty;one yers of !e, unless unfit or dis*ulified2

nd

41 $he +hild:s +tul +ustodin, over twenty;one yers of !e, unless unfit or dis*ulified.

>henever the ppointment or udi+il !urdin over the property of the +hild be+omes

ne+essry, the sme order of preferen+e shll be observed. 46=, 4/), 4/61

Art. 0)7. In +se of foundlin!s, bndoned ne!le+ted or bused +hildren nd other +hildren

similrly situted, prentl uthority shll be entrusted in summry udi+il pro+eedin!s to hedsof +hildren:s homes, orphn!es nd similr institutions duly ++redited by the proper

!overnment !en+y. 4)61

Art. 0)8. $he s+hool, its dministrtors nd te+hers, or the individul, entity or institution

en!!ed in +hild re shll hve spe+il prentl uthority nd responsibility over the minor +hild

while under their supervision, instru+tion or +ustody.

Authority nd responsibility shll pply to ll uthori3ed +tivities whether inside or outside the

premises of the s+hool, entity or institution. 46=1

Art. )0=. $hose !iven the uthority nd responsibility under the pre+edin! Arti+le shll beprin+iplly nd solidrily lible for dm!es +used by the +ts or omissions of the

unemn+ipted minor. $he prents, udi+il !urdins or the persons e-er+isin! substitute prentl


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uthority over sid minor shll be subsidirily lible.

$he respe+tive libilities of those referred to in the pre+edin! pr!rph shll not pply if it is

proved tht they e-er+ised the proper dili!en+e re*uired under the prti+ulr +ir+umstn+es.

All other +ses not +overed by this nd the pre+edin! rti+les shll be !overned by the provisionsof the Civil Codeon *usi;deli+ts. n1

Chpter 4. &ffe+t of Prentl AuthorityUpon the Persons of the Children

Art. 00


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by onerous or !rtuitous title shll belon! to the +hild in ownership nd shll be devoted

e-+lusively to the ltter:s support nd edu+tion, unless the title or trnsfer provides otherwise.

$he ri!ht of the prents over the fruits nd in+ome of the +hild:s property shll be limited

primrily to the +hild:s support nd se+ondrily to the +olle+tive dily needs of the fmily. 40),4041

Art. 007. If the prents entrust the mn!ement or dministrtion of ny of their properties to n

unemn+ipted +hild, the net pro+eeds of su+h property shll belon! to the owner. $he +hild shllbe !iven resonble monthly llown+e in n mount not less thn tht whi+h the owner would

hve pid if the dministrtor were strn!er, unless the owner, !rnts the entire pro+eeds to the

+hild. In ny +se, the pro+eeds thus !ive in whole or in prt shll not be +hr!ed to the +hild:s

le!itime. 4001

Chpter /. @uspension or $ermintion of Prentl Authority

Art. 008. Prentl uthority termintes permnently#)1 Upon the deth of the prents2

01 Upon the deth of the +hild2 or

41 Upon emn+iption of the +hild. 4071

Art. 00=. Unless subse*uently revived by finl ud!ment, prentl uthority lso termintes#)1 Upon doption of the +hild2

01 Upon ppointment of !enerl !urdin2

41 Upon udi+il de+lrtion of bndonment of the +hild in +se filed for the purpose2

61 Upon finl ud!ment of +ompetent +ourt divestin! the prty +on+erned of prentl

uthority2 or

/1 Upon udi+il de+lrtion of bsen+e or in+p+ity of the person e-er+isin! prentluthority. 4071

Art. 04


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)1 $rets the +hild with e-+essive hrshness or +ruelty2

01 (ives the +hild +orruptin! orders, +ounsel or e-mple2

41 Compels the +hild to be!2 or

61 @ube+ts the +hild or llows him to be sube+ted to +ts of ls+iviousness.

$he !rounds enumerted bove re deemed to in+lude +ses whi+h hve resulted from +ulpblene!li!en+e of the prent or the person e-er+isin! prentl uthority.

If the de!ree of seriousness so wrrnts, or the welfre of the +hild so demnds, the +ourt shll

deprive the !uilty prty of prentl uthority or dopt su+h other mesures s my be properunder the +ir+umstn+es.

$he suspension or deprivtion my be revo5ed nd the prentl uthority revived in +se filed

for the purpose or in the sme pro+eedin! if the +ourt finds tht the +use therefor hs +esed ndwill not be repeted. 441

Art. 040. If the person e-er+isin! prentl uthority hs sube+ted the +hild or llowed him to besube+ted to se-ul buse, su+h person shll be permnently deprived by the +ourt of su+h

uthority. n1

Art. 044. $he person e-er+isin! substitute prentl uthority shll hve the sme uthority over

the person of the +hild s the prents.

In no +se shll the s+hool dministrtor, te+her of individul en!!ed in +hild +re e-er+isin!

spe+il prentl uthority infli+t +orporl punishment upon the +hild. n1

$I$%& F&'ANCIPA$ION AN? A(& O" 'AHORI$G

Art. 046. &mn+iption t5es pl+e by the ttinment of mority. Unless otherwise provided,mority +ommen+es t the !e of twenty;one yers.

&mn+iption lso t5es pl+e#

)1 y the mrri!e of the minor2 or

01 y the re+ordin! in the Civil Re!ister of n !reement in publi+ instrument e-e+uted

by the prent e-er+isin! prentl uthority nd the minor t lest ei!hteen yers of !e.@u+h emn+iption shll be irrevo+ble. 4=7, 4=8, 6


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the +ourt before it is re+orded. n1

Art. 049. &mn+iption for ny +use shll terminte prentl uthority over the person nd

property of the +hild who shll then be *ulified nd responsible for ll +ts of +ivil life. 6)01

Art. 047. $he nnulment or de+lrtion of nullity of the mrri!e of minor or of the re+orded!reement mentioned in the fore!oin!. Arti+les 046 nd 04/ shll revive the prentl uthority

over the minor but shll not ffe+t +ts nd trns+tions tht too5 pl+e prior to the re+ordin! of

the finl ud!ment in the Civil Re!ister. n1

$I$%& FI

@U''ARG HU?ICIA% PROC&&?IN(@ IN $& "A'I%G %A>

Chpter ). Preftory Provisions

Art. 048. Until modified by the @upreme Court, the pro+edurl rules provided for in this $itle

shll pply s re!rds seprtion in f+t between husbnd nd wife, bndonment by one of theother, nd in+idents involvin! prentl uthority. n1

Chpter 0. @eprtion in "+t

Art. 04=. >hen husbnd nd wife re seprted in f+t, or one hs bndoned the other nd one

of them see5s udi+il uthori3tion for trns+tion where the +onsent of the other spouse is

re*uired by lw but su+h +onsent is withheld or +nnot be obtined, verified petition my befiled in +ourt lle!in! the fore!oin! f+ts.

$he petition shll tt+h the proposed deed, if ny, embodyin! the trns+tion, nd, if none, shll

des+ribe in detil the sid trns+tion nd stte the reson why the re*uired +onsent thereto +nnotbe se+ured. In ny +se, the finl deed duly e-e+uted by the prties shll be submitted to nd

pproved by the +ourt. n1

Art. 06


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be ssisted by +ounsel t the su++eedin! +onferen+es nd herin!s. n1

Art. 066. In +se of non;ppern+e of the spouse whose +onsent is sou!ht, the +ourt shll in*uire

into the resons for his filure to pper, nd shll re*uire su+h ppern+e, if possible. n1

Art. 06/. If, despite ll efforts, the ttendn+e of the non;+onsentin! spouse is not se+ured, the+ourt my pro+eed e- prte nd render ud!ment s the f+ts nd +ir+umstn+es my wrrnt. In

ny +se, the ud!e shll endevor to prote+t the interests of the non;pperin! spouse. n1

Art. 069. If the petition is not resolved t the initil +onferen+e, sid petition shll be de+ided in

summry herin! on the bsis of ffidvits, do+umentry eviden+e or orl testimonies t thesound dis+retion of the +ourt. If testimony is needed, the +ourt shll spe+ify the witnesses to be

herd nd the sube+t;mtter of their testimonies, dire+tin! the prties to present sid witnesses.

n1

Art. 067. $he ud!ment of the +ourt shll be immeditely finl nd e-e+utory. n1

Art. 068. $he petition for udi+il uthority to dminister or en+umber spe+ifi+ seprte property

of the bndonin! spouse nd to use the fruits or pro+eeds thereof for the support of the fmily

shll lso be !overned by these rules. n1

Chpter 4. In+idents Involvin! Prentl Authority

Art. 06=. Petitions filed under Arti+les 004, 00/ nd 04/ of this Code involvin! prentl uthorityshll be verified. n1

Art. 0/


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Art. 0/6. $itles III, IB, B, BI, BIII, IF, FI, nd FB of oo5 ) of Republi+ A+t No. 489, otherwise5nown s the Civil Code of the Philippines, s mended, nd Arti+les )7, )8, )=, 07, 08, 0=, 4

Documents

Family Code (Executive Order No 209)