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The
Family Code of the Philippines
(Executive Order No. 209,
July 6, 1987,
as amended by Executive Order No. 227, July 17, 1987)
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)
Article 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)
Article 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)
Article 4. The absence of any of the essential or formal
requisites shall render the marriage void ab initio,
except as stated in Article 35 (2).
A defect in any of the essential requisites shall render
the marriage voidable as provided in Article 45. (n)
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 and administratively liable. (n)
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Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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.
Article 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)
Article 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)
Article 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)
Article 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]).
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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.
Article 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)
Article 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)
Article 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.
Article 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.
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TITLE II
LEGAL SEPARATION
Article 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)
Article 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)
Article 57. An action for legal separation shall be
filed within five years from the time of the occurrence
of the cause. (102)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
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TITLE III
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
Article 68. The husband and wife are obliged to live
together, observe mutual love, respect and fidelity,
and render mutual help and support. (109a)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
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TITLE
IV
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
Chapter 1. General Provisions
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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
Article 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)
Article 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
Article 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)
Article 97. Either spouse may dispose by will of his
or her interest in the community property. (n)
Article 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
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 107. The rules provided in Articles 88 and
89 shall also apply to conjugal partnership of gains.
(n)
Article 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
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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
Article 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)
Article 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
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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)
Article 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)
Article 138. After dissolution of the absolute community
or of the conjugal partnership, the provisions on complete
separation of property shall apply. (191a)
Article 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)
Article 140. The separation of property shall not prejudice
the rights previously acquired by creditors. (194a)
Article 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)
Article 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
Article 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)
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
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TITLE V
THE FAMILY
Chapter 1. The Family as an
Institution
Article 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)
Article 150. 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)
Article 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
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 162. The provisions in this Chapter shall also
govern existing family residences insofar as said provisions
are applicable. (n)
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TITLE
VI
PATERNITY AND FILIATION
Chapter 1. Legitimate Children
Article 163. The filiation of children may be by nature
or by adoption. Natural filiation may be legitimate
or illegitimate. (n)
Article 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)
Article 165. Children conceived and born outside a
valid marriage are illegitimate, unless otherwise provided
in this Code. (n)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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)
Article 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.
Article 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
Article 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)
Article 176. Illegitimate children shall use the surname
and shall be under the parental authority of their mother,
and shall be entitled to support in conformity with
this Code. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate
child. Except for this modification, all other provisions
in the Civil Code governing successional rights shall
remain in force. (287a)
Chapter 4. Legitimated Children
Article 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)
Article 178. Legitimation shall take place by a subsequent
valid marriage between parents. The annulment of a voidable
marriage shall not affect the legitimation. (270a)
Article 179. Legitimated children shall enjoy the same
rights as legitimate children. (272a)
Article 180. The effects of legitimation shall retroact
to the time of the child's birth. (273a)
Article 181. The legitimation of children who died
before the celebration of the marriage shall benefit
their descendants. (274)
Article 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)
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TITLE VII
ADOPTION
Article 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, EO 91 and PD 603)
Article 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, EO 91 and PD 603)
Article 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, EO 91 and PD 603)
Article 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, EO and PD 603)
Article 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,
EO 91 and PD 603)
Article 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, EO 91 and PD 603)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
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TITLE VIII
SUPPORT
Article 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)
Article 195. 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
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TITLE IX
PARENTAL AUTHORITY
Chapter 1. General Provisions
Article 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)
Article 210. Parental authority and responsibility
may not be renounced or transferred except in the cases
authorized by law. (313a)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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
Article 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 Article
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)
Article 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)
Article 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)
Article 219. 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
Article 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)
Article 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 )
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
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TITLE X
EMANCIPATION AND AGE OF MAJORITY
Article 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)
Article 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)
Article 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)
Article 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)
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TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Chapter 1. Prefatory Provisions
Article 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
Article 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)
Article 240. Claims for damages by either spouse, except
costs of the proceedings, may be litigated only in a
separate action. (n)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 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)
Article 247. The judgment of the court shall be immediately
final and executory. (n)
Article 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
Article 249. Petitions filed under Articles 223, 225
and 235 of this Code involving parental authority shall
be verified. (n)
Article 250. Such petitions shall be verified and filed
in the proper court of the place where the child resides.
(n)
Article 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)
Article 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
Article 253. The foregoing rules in Chapter 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)
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TITLE XII
FINAL PROVISIONS
Article 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.
Article 255. If any provision of this Code is held
invalid, all the other provisions not affected thereby
shall remain valid.
Article 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.
Article 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.
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