CIVIL CODE OF THE PHILIPPINES This clause refers to the date of effectivity

REPUBLIC ACT. NO. 386, AS and not to the requirement of publication

AMENDED itself.

June 18, 1949 – approved by Congress PRESUMPTION OF KNOWLEDGE OF

August 30, 1950 – effectivity LAWS
Ignorantia legis non excusat – ignorance of
I. GENERAL PRINCIPLES law excuses no one
A. Effect and Application of Laws (Civil
Code) Ignorance of Law vs. Ignorance of Fact
While ignorance of the law is no excuse,
WHEN LAWS TAKE EFFECT ignorance of fact may excuse a party from the
Art. 2. Laws shall take effect after fifteen days legal consequences of his conduct.
following the completion of their publication
either in the Official Gazette, or in a RETROACTIVTY OF LAWS
newspaper of general circulation in the Lex prospicit, non respicit – the law looks
Philippines, unless it is otherwise provided. forward, not backward
(As amended by E.O. No. 200)
Laws are generally prospective in nature
A law may provide for its own effectivity. If unless the contrary is expressly provided
the law is silent to its on effectivity, then it
shall take effect only after fifteen (15) days Retroactive law
following its complete publication. One intended to affect transactions which
occurred, or rights which accrued, before it
Publication Requirement became operative, and which ascribes to
Art. 2 does not preclude the requirement of them effects not inherent in their nature, in
publication in the Official Gazette even if the view of the law in force at the time of their
law itself provides for the date of its occurrence.
effectivity since the clear object of the law is
to give the general public adequate notice of Exceptions:
the various laws which are to regulate their 1. If the law itself provides for
actions and conduct as citizens. retroactivity
exceptions to the exception:
Purpose a. ex post facto law
To inform the public of the contents of the b. impairment of contract
laws. 2. Penal laws favorable to the accused
3. If the law is procedural
Newspaper of General Circulation 4. When the law is curative
It is enough that it is published for the 5. When the law creates new substantive
dissemination of local news and general rights
information, that it has a bona fide 6. When the law is remedial
subscription list of paying subscribers, and
that it is published at regular intervals. ACTS CONTRARY TO LAW
Art. 5. Acts executed against the provisions of
“Unless It Is Otherwise Provided” mandatory or prohibitory laws shall be void,
except when the law itself authorizes their right may be personally exercised; it is
validity. (4a) enforceable against the whole world.

Mandatory – the law commands that Personal Right

something be done The power belonging to one person to
Prohibitory – the law commands that demand of another, as a definite passive
something should not be done subject, the fulfillment of a prestation to give,
Permissive or directory – the law commands to do or not to do.
what it permits to be done should be tolerated
or respected REPEAL OF LAWS
Ways of Repealing laws:
Exceptions to Article 5 1. express – contained in a special
1. When the law itself authorizes its provision of a subsequent law
validity although generally they 2. implied – the provisions of the
would have been void. subsequent law are incompatible with
2. When the law makes the act valid, but those of an earlier law and there is no
punishes the violator. express repeal
3. Where the law merely makes the act
voidable, that is, valid unless Requisites of Implied Repeal
annulled. 1. The laws cover the same subject
4. Where the law declares the act void, matter
but recognizes legal effects as arising 2. The latter is repugnant to the earlier
from it.
JUDICIAL DECISIONS
WAIVER OF RIGHTS Art. 8. Judicial decisions applying or
1. Requisites of a Valid Waiver interpreting the laws or the Constitution shall
2. He must actually have the right which form a part of the legal system of the
he renounces; Philippines. (n)
3. He must have the capacity to make
the renunciation; and The judicial department has no power to
4. The renunciation must be made in a enact laws because the same is the exclusive
clear and unequivocal manner. province of the legislative department.

Elements of Rights Judicial decisions are evidence of what the

 subject law means, and this is why they are part of
o active – one who is entitled to demand the legal system of the Philippines. The
the enforcement of the right interpretation placed upon the written law by
o passive – duty-bound to suffer its a competent court has the force of law.
enforcement
 object Doctrine of stare decisis – when the e Court
 efficient cause has once laid down a principle of law as
applicable to a certain state of facts, it will
Real Right adhere to that principle and apply it to all
The power belonging to a person over a future cases where the facts are substantially
specific thing, without a passive subject the same.
individually determined against whom such
DUTY TO RENDER JUDGMENT 5. General conviction that the practice
Art. 9. No judge or court shall decline to corresponds to a juridical necessity or
render judgment by reason of the silence, that it is obligatory; and
obscurity or insufficiency of the laws. (6) 6. The practice must not be contrary to
law, morals or public order.
Applicability to Criminal Prosecutions
The judge may not decline to render a Customs are nor subject to judicial notice
judgment. The judge must dismiss the because they must be proven as a fact,
criminal action because of “nullum crimen, according to the rules of evidence.
nulla poena sine lege” (there is no crime
when there is no law punishing it). LEGAL PERIOD
Art. 13. When the laws speak of years,
PRESUMPTION OF APPLICABILITY months, days or nights, it shall be understood
OF LAWS AND CUSTOM that years are of three hundred sixty-five days
Art. 10. In case of doubt in the interpretation each; months, of thirty days; days, of twenty-
or application of laws, it is presumed that the four hours; and nights from sunset to sunrise.
lawmaking body intended right and justice to
prevail. (n) If months are designated by their name, they
shall be computed by the number of days
Dura lex, sed lex – the law may be hard but it which they respectively have.
is the law
In computing a period, the first day shall be
Art. 11. Customs which are contrary to law, excluded, and the last day included. (7a)
public order or public policy shall not be
countenanced. (n) Computing Period
The first day is excluded while the last day is
Art. 12. A custom must be proved as a fact, included
according to the rules of evidence. (n)
If Last Day Falls On Saturday, Sunday or
Custom – a rule of conduct formed by Legal Holiday
repetition of acts, uniformly observed as a Ordinary Contract: the agreement of the
social rule, legally binding and obligatory parties prevails because obligations arising
from contracts have the force of law between
Requisites in Application of Customs the contracting parties.
1. Plurality of acts, or various Rules of Court: if the last day of the period
resolutions of a juridical question falls on a Saturday, a Sunday or a legal
raised repeatedly in life; holiday in the place where the court sits, the
2. Uniformity, or identity of acts or time shall not run until the next working day.
various solutions to the juridical
question; GENERAL APPLICABILITY OF
3. General practice by the great mass of PENAL LAWS
the social group; Philippine criminal law is binding on all
4. Continued performance of these acts persons who live or sojourn in Philippine
for a long period of time; territory.

Exceptions:
 1. Treaty Stipulations lexx loci intentionis – the law of the place
2. Law of Preferential Application intended by them expressly or impliedly
3. Principles of Public International
Law of wills – governed by the national law of the
decedent.
NATIONALITY PRINCIPLE
Philippine laws relating to status and SUPPLETORY APPLICATION OF THE
condition are binding upon citizens of the CIVIL CODE
Philippines, even though living abroad. Art. 18. In matters which are governed by the
Code of Commerce and special laws, their
Aliens – the national law of the alien shall deficiency shall be supplied by the provisions
govern with respect to their legal capacity, of this Code. (16a)
following the “nationality principle”
embodied in Article 15. B. Human Relations (Arts. 19-22, Civil
Code)
PRINCIPLE OF LEX REI SITAE
Real and personal properties are subject to PRINCIPLE OF ABUSE OF RIGHTS
the law of the country in which they are “He who uses a right injures no one.”
situated (first paragraph, Art. 16).
Elements of Abuse of Rights
Note: the principle does not apply to the 1. there is a legal right or duty;
second paragraph of Art. 16 2. which is exercised in bad faith; and
What is applicable is the national law of the 3. for the sole intent of prejudicing or
decedent, with respect to the following injuring another
aspects of intestate or testamentary essential: absence of good faith
succession:
1. the order of succession; CONTRA BONUS MORES
2. the amount of successional rights; and 1. there is an act which is legal;
3. the intrinsic validity of the provisions 2. but which is contrary to morals, good
of the will. customs, public order, or public
The national law of the decedent governs the policy; and
capacity of the heir to succeed. 3. and it is done with intent to injure

FORMALITIESS OR EXTRINSIC Breach of Promise to Marry

VALIDITY Generally: not an actionable wrong
Lex loci celebrationis – the forms and Exceptions:
solemnities of contracts, wills and other 1. If there is fraud or deceit
public instruments are governed by the laws 2. If expenses are actually incurred
of the country in which they are executed.
Malicious Prosecution
INTRINSIC VALIDITY An action for damages arising from
of contracts malicious prosecution is anchored on the
lex contractus – the proper law of the contract provisions of Articles 21, 2217 and 2219(8)
lex loci voluntatis – the law of the place of the Civil Code.
voluntarily agreed upon by the contracting
parties Requisites of Malicious Prosecution
 1. the fact of the prosecution and the The aptitude to be the subject, active or
further fact that the defendant himself passive, of juridical relations.
was the prosecutor, and that the action
was finally terminated with an One is a person, while one has personality.
acquittal;
2. that in bringing the action the Kinds of Persons:
prosecutor acted without probable 1. Natural or physical persons – human
cause; and beings
3. that the prosecutor was actuated or 2. Juridical or artificial persons – artificial
impelled by legal malice that is beings susceptible of rights and
improper or sinister motive obligations or of being the subject of legal
relations
ACCION IN REM VERSO
An action for recovery of what has been paid JURIDICAL CAPACITY VS.
or delivered without just cause or legal CAPACITY TO ACT
ground. CAPACITY TO
JURIDICAL ACT
ACT
If a person acquires or comes into possession Static Dynamic
of something at the expense of another Aptitude to be the
without just or legal ground through an act or subject of rights Power to give life to
of performance by another or any other and obligations, the juridical acts, toe
means has the obligation to return the same. abstract possibility execute acts with
of receiving legal legal effects
Requisites of Accion in Rem Verso effects
1. that the defendant has been enriched; One, indivisible,
2. that the plaintiff has suffered a loss; irreducible and Does not exist in all
3. that the enrichment of the defendant essentially the men nor does it exist
is without just or legal ground; and same always and to the same extent
4. that the plaintiff has no other action for all men
based on contract, quasi-contract, Intelligence and
crime or quasi-delict. volition is required
and since these do
It is enough that the
II. PERSONS AND FAMILY not exist in all men
person exists, i.e., it
RELATIONS nor to the same
is inherent and
A. Persons and Personality (Civil Code) extent, the law
ineffaceable
denies capacity to
attribute
CIVIL PERSONALITY act absolutely to
Person some and limits it
Any being susceptible of rights and with regard to others
obligations or more specifically, it is every May be lost through
Lost only through
physical or moral, real or juridical and legal other means or
death
being susceptible of rights and obligations or circumstances
being the subject of legal relations. Can be limited or
Cannot be limited
restricted by certain
Personality or restricted
circumstances
RESTRICTIONS ON CAPACITY TO Art. 1. Marriage is a special contract of
ACT AND MODIFACATIONS ON permanent union between a man and a
CAPACITY TO ACT woman entered into in accordance with the
RESTRICTIONS MODIFACATIONS law for the establishment of conjugal and
ON CAPACITY ON CAPACITY TO family life. It is the foundation of the family
TO ACT ACT and an inviolable social institution whose
(Article 38) (Article 39) nature, consequences, and incidents are
1. Minority 1. Age governed by law and not subject to
2. Insanity or 2. Insanity stipulation, except that marriage settlements
imbecility 3. Imbecility may fix the property relations during the
3. Deaf-mute 4. Deaf-mute marriage within the limits provided by this
4. Prodigality 5. Penalty Code. (52a)
5. Civil 6. Prodigality
interdiction 7. Family relations Mail-order bride – unlawful
8. Alienage
9. Absence Trafficking in women – unlawful
10. Insolvency
11. Trusteeship Marriage between rapist and raped victim –
12. Incompetent valid
(persons suffering
the penalty of civil Marriage as a Status
interdiction or who Marriage creates a social status or relation
are hospitalized between the contracting parties, in which not
lepers, prodigals, only they but the State as well are interested,
deaf and dumb who and involves a personal union of those
are unable to read participating in it of a character unknown to
and write, those who any other human relations, and having more
are of unsound mind, to do with the morals and civilization of a
even though they people than any other institution.
have lucid intervals,
and persons not ESSENTIAL REQUISITES OF
being of unsound MARRIAGE
mind, but by reason 1. Legal capacity of the contracting
of age, disease, weak parties who must be a male and a
mind, and other female; and
similar causes, Exception: Republic v. Cagandahan,
cannot, without G.R. No. 166676, where the
outside aid, take care respondent was found out to have
of themselves and Congenital Adrenal Hyperplasia
manage their (CAH) which is a condition where the
property, becoming person afflicted has both male and
thereby an easy prey female characteristics and organs and
for deceit and where, through expert evidence, it
exploitation) (Rule was shown that the respondent,
92, Rules of Court) though genetically a female, secreted
male hormones and not female
B. Marriage (Family Code)
 hormones, had no breast, and did not The following are some of the irregularities
have any monthly menstrual period which do not affect the validity of a marriage:
and where the respondent, in his mind 1. absence of two witnesses of legal age
and emotion, felt like a male person during the marriage ceremony
and did not want to have surgery, the (Meister v. Moore, 96 US 76, 24 US
Supreme Court considered the person L. Ed. 826);
as an “intersex individual” and 2. absence of a marriage certificate
granted the preference of the person (People v. Janssen, 54 Phil. 176);
to be considered as a male person, 3. marriage solemnized in a place other
thereby allowing the amendment of than publicly in the chambers of the
the birth certificate of the person from judge or in open court, in church,
female to male. chapel, or temple, or in the office of
2. Consent freely given in the presence the consul-general, consul, or vice-
of the solemnizing officer. consul;
4. issuance of marriage license in city or
FORMAL REQUISITIES OF municipality not the residence of
MARRIAGE either of the contracting parties
1. Authority of the solemnizing officer; (Alcantara v. Alcantara, G.R. No.
2. A valid marriage license except in the 167746, August 28, 2007, 531 SCRA
cases provided for in Chapter 2 of this 446);
Title; 5. unsworn application for a marriage
3. A marriage ceremony which takes license;
place with the appearance of the 6. failure of the contracting parties to
contracting parties before the present original birth certificate or
solemnizing officer and their personal baptismal certificate to the local civil
declaration that they take each other registrar who likewise failed to ask
as husband and wife in the presence for the same;
of not less than two witnesses of legal 7. failure of the contracting parties
age. between the ages of eighteen and
twenty-one to exhibit consent of
EFFECT ON MARRIAGE ON parents or persons having legal
ABSENCE OR DEFECT IN charge of them to the local civil
REQUIREMENTS registrar;
8. failure of the contracting parties
Absence of essential or formal requisites – between the ages of twenty-one to
void ab initio twenty-five to exhibit advice of
parents to local civil registrar;
Defect in essential requisites – voidable 9. failure to undergo marriage
counseling;
Irregularity in formal requisites – shall not 10. failure of the local civil registrar to
affect the validity of the marriage but the post the required notices;
party or parties responsible for the 11. issuance of marriage license despite
irregularity shall be civilly, criminally and absence of publication or prior to the
administratively liable completion of the 10-day period for
publication (Alcantara v. Alcantara,
 G.R. No. 167746, August 28, 2007, Note: If the chaplain is present, he
531 SCRA 446); must be the one who should
12. failure of the contracting parties to solemnize the marriage. The
pay the prescribed fees for the chaplain’s authority to solemnize
marriage license; proceeds from Article 7(2). Hence, if
13. failure of the person solemnizing the the chaplain cannot comply with
marriage to send copies of the Article 7(2), then it is as if he is absent
marriage certificate to the local civil as he cannot solemnize a marriage, in
registrar (Madridejos v. De Leon, 55 which case, the military commander
Phil. 1); and can solemnize the marriage.
14. failure of the local civil registrar to 5. Consul-general, consul, or vice
enter the applications for marriage consul
licenses filed with him in the registry Note: limited to Filipino citizens
book in the order in which they were 6. Mayor
received. 7. Good faith of parties

AUTHORIZED SOLEMNIZERS OF VENUE

MARRIAGE Non-observance will not invalidate a
1. Judge within the court’s jurisdiction marriage but can subject the person or
2. Priest, rabbi, imam, or minister of any persons who cause the violation to civil,
church or religious sect criminal, or administrative liability.
3. Ship captain and airplane chief
Requisites: Exceptions:
a. the marriage must be in articulo 1. marriages contracted in articulo
mortis (at least one of the parties mortis
is at the point of death); 2. in a remote place in accordance with
b. the marriage must be between Article 29 of the Family Code,
passengers or crew members; and 3. marriages where both of the parties
c. generally, the ship must be at sea request a solemnizing officer in
or the plane must be in flight. writing (Navarro v. Domagtoy, July
4. Military commander 19, 1996, A.M. No. MTJ 96-1088, 72
Requisites: SCAD 328) in which case the
a. he or she must be a military marriage may be solemnized at a
commander of a unit; house or place designated by the
b. he or she must be a commissioned parties at a house or place designated
officer; by them in a sworn statement to that
c. a chaplain must be assigned to effect.
such unit;
d. the said chaplain must be absent PLACE OF ISSUE OF MARRIAGE
at the time of the marriage; LICENSE
e. the marriage must be one in Local civil registrar of the city or
articulo mortis; municipality where either of them resides.
f. the contracting parties, whether
members of the armed forces or MARRIAGE APPLICATION
civilians, must be within the zone 1. Full name of the contracting parties;
of military operation. 2. Place of birth;
 3. Age and date of birth;
4. Civil status; DUTY OF THE LOCAL CIVIL
5. If previously married, how, when and REGISTRAR
where the previous marriage was After the marriage application has been
dissolved or annulled; properly filled up and submitted to the local
6. Present residence and citizenship; civil registrar, the latter shall post a notice to
7. Degree of relationship of the inform everybody of the impending
contracting parties; marriage. This notice shall be posted for ten
8. Full name, residence and citizenship consecutive days on a bulletin board outside
of the father; the office of the local civil registrar located in
9. Full name, residence and citizenship a conspicuous place within the building and
of the mother; and accessible to the general public.
10. Full name, residence and citizenship
of the guardian or person having The notice shall request all persons having
charge, in case the contracting parties knowledge of any impediment to the
has neither father nor mother and is marriage to advise the local civil registrar
under the age of twenty-one years. thereof.

NO EMANCIPATION BY MARRIAGE The marriage license shall be issued after the

Emancipation is attained if the child reaches completion of the period of publication.
the age of 18 years
INVESTIGATIVE POWER OF LOCAL
PARENTAL CONSENT CIVIL REGISTRAR AND COURT
If any of the contracting parties is at least 18 INTERVENTION
years old but above and below 21 years of In case of any impediment known to the local
age, the consent of the father, mother, civil registrar or brought to his attention, he
surviving parent, or guardian, or persons shall merely note down the particulars
having legal charge of them, in the order thereof and his findings thereon in the
mentioned, must be obtained before a application for a marriage license. He is
marriage license can be issued to the nonetheless duty bound to issue said license
contracting parties. after payment of the necessary fees unless
exempted due to indigence, after the
PARENTAL ADVICE completion of the period of publication, or
If any of the contracting parties are between after a period of three months from the
21 and 25, they shall be obliged to ask their completion of such publication in cases
parents or guardian for advice upon the where parental advice is necessary and the
intended marriage. same was not obtained as well as in cases
where undergoing marriage counseling is
Parental advice not given or marriage is required and a certificate to that effect was
unfavorable – marriage license shall not be not attached to the marriage application.
issued till after three months following the
completion of the publication of the Only court intervention directing the non-
application therefor. issuance of the marriage license can
empower the local civil registrar to validly
Note: parental advice does not affect refuse to issue said license.
marriage.
MARRIAGE LICENSE AND DATE OF (a) the original copy shall be given to either
ISSUE of the contracting parties;
 Valid only in the Philippines (b) the duplicate and triplicate copies shall
 Good for 120 days from the date of then be sent to the local civil registrar of the
issue place where the marriage was solemnized;
and
Note: The date of the signing of the local civil (c) the quadruplicate copy shall be retained
registrar of the marriage license is the date of by the solemnizing officer, together with the
the issue. From the date of issue, it should be original of the marriage license and, in proper
claimed by the parties. If it is not claimed and cases, the affidavit of the contracting party
therefore not used within 120 days, it shall regarding the solemnization of the marriage
automatically become ineffective. in a place other than those mentioned in
Article 8.
CERTIFICATE OR AFFIDAVIT OF
LEGAL CAPACITY VALIDATION PROVISION
Necessary for foreign citizens to contract Except for marriages prohibited under
marriage in the Philippines. Articles 35(1), (4), (5) and (6), 36, 37 and 38,
marriages solemnized abroad and which are
Reason: Foreign citizens must adhere to the valid there as such are recognized as valid in
public policy in the country. the Philippines.

MARRIAGE CERTIFICATE Divorce between a Filipino Citizen and a

1. The full name, sex and age of each Foreigner
contracting party; When this Court recognized a foreign divorce
2. Their citizenship, religion and decree that was initiated and obtained by the
habitual residence; Filipino spouse and extended its legal effects
3. The date and precise time of the on the issues of child custody and property
celebration of the marriage; relation, it should not stop short in likewise
4. That the proper marriage license has acknowledging that one of the usual and
been issued according to law, except necessary consequences of absolute divorce
in marriages provided for in Chapter is the right to remarry. Indeed, there is no
2 of this Title; longer a mutual obligation to live together
5. That either or both of the contracting and observe fidelity. When the marriage tie is
parties have secured the parental severed and ceased to exist, the civil status
consent in appropriate cases; and the domestic relation of the former
6. That either or both of the contracting spouses change as both of them are freed
parties have complied with the legal from the marital bond.
requirement regarding parental xxx
advice in appropriate cases; and Paragraph 2 of Article 26 speaks of "a
7. That the parties have entered into a divorce xx x validly obtained abroad by the
marriage settlement, if any, attaching alien spouse capacitating him or her to
a copy thereof. remarry. " Based on a clear and plain reading
of the provision, it only requires that there be
DISTRIBUTION OF COPIES a divorce validly obtained abroad. The letter
In quadruplicate copies: of the law does not demand that the alien
spouse should be the one who initiated the
proceeding wherein the divorce decree was 5. Muslim and ethnic groups
granted. It does not distinguish whether the 6. Cohabitation for 5 years
Filipino spouse is the petitioner or the Requisites:
respondent in the foreign divorce proceeding. a. they must live as such for at least
The Court is bound by the words of the five years characterized by
statute; neither can We put words in the exclusivity and continuity that is
mouths of the lawmakers. unbroken. (Republic v. Dayot,
xxx G.R. No. 175581, March 28,
The purpose of Paragraph 2 of Article 26 is 2008, 550 SCRA 435); and
to avoid the absurd situation where the b. they must be without any legal
Filipino spouse remains married to the alien impediment to marry each other.
spouse who, after a foreign divorce decree
that is effective in the country where it was VOID MARRIAGES
rendered, is no longer married to the Filipino Not valid from its inception.
spouse. The provision is a corrective measure 1. Below 18 years of age even with the
to address an anomaly where the Filipino consent of guardian
spouse is tied to the marriage while the 2. Solemnized by any person not legally
foreign spouse is free to marry under the laws authorized to perform marriages
of his or her country. Whether the Filipino except in good faith
spouse initiated the foreign divorce 3. No marriage license except those
proceeding or not, a favorable decree enumerated in the preceding Chapter
dissolving the marriage bond and 4. Bigamous or polygamous marriages
capacitating his or her alien spouse to Exception: absence of spouse (see
remarry will have the same result: the discussion on absence)
Filipino spouse will effectively be without a 5. Mistaken identity
husband or wife. A Filipino who initiated a 6. Subsequent marriages under Art. 53
foreign divorce proceeding 'is in the same 7. Psychological incapacity, even if
place and in like circumstance as a Filipino such incapacity becomes manifest
who is at the receiving end of an alien only after solemnization
initiated proceeding. Therefore, the subject 8. Incestuous marriages whether
provision should not make a distinction. In legitimate or illegitimate between
both instance, it is extended as a means to ascendants or descendants of any
recognize the residual effect of the foreign degree; or between brothers or sisters,
divorce decree on Filipinos whose marital whether full or half-blood.
ties to their alien spouses are severed by 9. Against public policy:
operation of the latter's national law a) Between collateral blood relatives,
(Republic of the Philippines v. Manalo, G.R. whether legitimate or illegitimate, up
No. 221029, April 24, 2018). to the fourth civil degree;
b) Between step-parents and step-
EXEMPTION FROM MARRIAGE children;
LICENSE c) Between parents-in-law and
1. Far areas children-in-law;
2. Solemnizing officers under Art. 7 and d) Between the adopting parent and
the Mayor the adopted child;
3. Chief pilot and ship captains
4. Military commander
 e) Between the surviving spouse of in favor of the common children or, if
the adopting parents and the adopted there are none, the children of the
child; guilty spouse by a previous marriage
f) Between the surviving spouse of or in default of children, the innocent
the adopted child and the adopter; spouse;
g) Between an adopted child and a 3. Donations by reason of marriage shall
legitimate child of the adopter; remain valid, except that if the donee
h) Between the adopted children of contracted the marriage in bad faith,
the same adopter such donations made to said donee
i) Between parties where one, with are revoked by operation of law;
the intention to marry the other, killed 4. The innocent spouse may revoke the
that other person’s spouse or his or designation of the other spouse who
her own spouse. acted in bad faith as a beneficiary in
any insurance policy, even if such
PRESCRIPTIVE PERIOD designation be stipulated as
The time within which to file an action for the irrevocable; and
declaration of nullity of a marriage or to 5. The spouse who contracted the
invoke such nullity as a defense, whether in a subsequent marriage in bad faith shall
direct or collateral manner, does not be disqualified to inherit from the
prescribe. innocent spouse by testate and
intestate succession.
JUDICIAL DECLARATION OF
NULLITY MARRIAGE CONTRACTED IN BAD
If a marriage between two contracting parties FAITH
is void ab initio, any one of them cannot One party – valid
contract a subsequent valid marriage without Both parties – void ab initio
a previous judicial declaration of nullity of
the previous void marriage. VOIDABLE MARRIAGE
1. No parental consent on persons at
EFFECT OF THE TERMINATION OF least 18 but below 21 years of age
SUBSEQUENT MARRIAGE 2. Unsound mind
1. The children of the subsequent 3. Fraud
marriage conceived prior to its a. Non-disclosure of previous
termination shall be considered conviction
legitimate and their custody and b. Concealment of pregnancy by
support in case of dispute shall be another man other than her
decided by the court in a proper husband at the time of the
proceeding; marriage
2. The absolute community of property c. Concealment of sexually
or the conjugal partnership, as the transmissible disease,
case may be, shall be dissolved and regardless of its nature,
liquidated, but if either spouse existing at the time of the
contracted said marriage in bad faith, marriage
his or her share of the net profits of d. Concealment of drug
the community property or conjugal addiction, habitual
partnership property shall be forfeited alcoholism, or homosexuality
 or lesbianism existing at the discovery of
time of the marriage fraud
4. Vitiated consent through force, Within 5
intimidation, or undue influence years from
5. Incapacity to consummate time force,
6. Serious sexually transmitted disease Vitiated Injured intimidation,
and appears to be incurable Consent party or undue
influence
Rule on Triennial Cohabitation disappeared
If the wife remains a virgin for at least 3 years or ceased
from the time the spouses started cohabiting, Incapability Within 5
the husband must show that he was not to Injured years after
impotent during the said period and the consummate party marriage
burden will be upon him to overcome the or STD ceremony
presumption of impotence.
PROCEDURE IN ANNULMENT AND
GROUNDS, PARTIES, PRESCRIPTIVE IN DECLARATION OF NULLITY
PERIOD CASES
PARTY PRES- Governed by Supreme Court En Banc
GROUND TO FILE CRIPTION Resolution in A.M. No. 00-11-01-SC
THE SUIT PERIOD effective March 15, 2003.
Parent or
Anytime
guardian Collusion
before “no-
having Parties come up with an agreement making it
consent
Legal appear that the marriage is defective due to
party”
No parental Charge of the existence of any of the grounds for the
reaches age
consent “no-consent annulment of marriage or the declaration of
of 21
party” its nullity provided by law and agreeing to
Within 5 represent such false or non-existent cause of
“no-consent
years after action before the proper court with the
party”
attaining 21 objective of facilitating the issuance of a
Sane spouse At any time decree of annulment or nullity of marriage.
without before death
knowledge of either The prosecuting attorney or fiscal shall
of insanity party prevent collusion.
Relative,
At any time
guardian, or SUPPORT OF SPOUSES AND
before death
Insanity having legal CUSTODY OF CHILDREN
of either
charge of Governed by whatever agreement the parties
party
insane have made with respect to the same.
During lucid
Insane interval or Principally, the spouses and their children
spouse after gaining shall be supported from the properties of the
sanity absolute community of property or the
Injured Within 5 conjugal partnership of gains as the case may
Fraud be during the pendency of the suit for
party years after
annulment or nullity of marriage in proper 5. Drug addiction or habitual alcoholism
cases. of the respondent;
6. Lesbianism or homosexuality of the
LIQUIDATION AND PARTITION OF respondent;
PROPERTIES 7. Contracting by the respondent of a
The properties shall be liquidated in subsequent bigamous marriage,
accordance with the ordinary rules of co- whether in the Philippines or abroad;
ownership. 8. Sexual infidelity or perversion;
9. Attempt by the respondent against the
the liquidation process provided under the 10. life of the petitioner; or
chapters on the absolute community of 11. Abandonment of petitioner by
property and the conjugal partnership of respondent without justifiable cause
gains will not apply in a void marriage except for more than one year.
in one exceptional case which is the
subsequent void marriage under Article 40 of PETITION FOR LEGAL SEPARATION
the Family Code. In voidable marriage, the SHALL BE DENIED ON THE
properties shall be liquidated in accordance FOLLOWING:
with the rules provided for under the chapters 1. Condonation – act of forgiving the
in the absolute community of property and offense after its commission
the conjugal partnership of gains. If the there 2. Consent
were a pre-nuptial agreement providing that 3. Connivance
separation of property regime governed the 4. Recrimination or equal guilt
marriage, then there is no need for liquidation 5. Collusion
and partition (Valdez vs. RTC, 260 SCRA
221). PRESCRIPTIVE PERIOD
The action must be filed 5 years from the time
C. Legal Separation (Family Code) of the occurrence of the cause.

Grounds for legal separation under Art. 55 PROCEDURE

of the Family Code: Governed by Supreme Court Resolution En
1. Repeated physical violence or grossly Banc, A.M. No. 00-11-01-SC.
abusive conduct directed against the
petitioner, a common child, or a child An action for legal separation shall be tried 6
of the petitioner; months after filing the petition.
2. Physical violence or moral pressure to
compel the petitioner to change EFFECT OF LEGAL SEPARATION
religious or political affiliation; 1. Marriage bond is maintained but the
3. Attempt of respondent to corrupt or spouses shall be entitled to live
induce the petitioner, a common separately from each other;
child, or a child of the petitioner, to 2. Liquidation of property;
engage in prostitution, or connivance 3. Custody of the minor children shall
in such corruption or inducement; be awarded to the innocent spouse;
4. Final judgment sentencing the 4. Intestate and testate disqualification
respondent to imprisonment of more
than six years, even if pardoned; DONATIONS
Donations and the act of the innocent party in Spouses shall be jointly liable for the support
designating the guilty spouse as a beneficiary of the family. The spouses and their children
in an insurance are essentially acts of shall be supported from the properties of the
liberality and the law gives the option to the absolute community or the conjugal
innocent party whether or not he or she will partnership.
revoke the donation or the designation as
beneficiary of the guilty party in an In the absence of the community property,
insurance. the expenses for support and other conjugal
obligations, including the expenses for the
D. Rights and Obligations between management of the household, shall be taken
Husband and Wife (Family Code) from the income or fruits of their separate
properties. In case of the insufficiency or
DUTIES AND OBLIGATIONS absence of said income or fruits, such
 Live together obligations shall be satisfied from their
 Observe mutual love, respect, and separate properties.
fidelity
 Render mutual help and support MANAGEMENT AND RELIEF
In the event that one of the spouses neglects
No Compulsion his or her duties to the conjugal union or
The court cannot compel spouses to live commits acts which tend to bring danger,
together and observe mutual love, respect and dishonor or injury to the other or to the
fidelity. family, the aggrieved party may apply to the
Exception: support court for relief.

Damages for Failure to Comply with LEGITIMATE PROFESSION

Obligations The husband and the wife can engage in any
No action for damages merely because of a lawful enterprise or profession.
breach of marital obligation (Ty v. Court of
Appeals, G.R. No. 127406, November 27, The law does not make it a requirement that
2000). a spouse has to get the prior consent of the
other before entering into any legitimate
DOMICILE profession, occupation, business or activity.
Spouses can only have one domicile but
many residences. The domicile is the place In case of disagreement, the Court decides
where the parties intend to have their whether or not:
permanent residence with the intention of 1. The objection is proper, and
always returning even if they have left it for 2. Benefit has accrued to the family
some time. prior to the objection or thereafter. If
the benefit accrued prior to the
A spouse can validly live away or separately objection, the resulting obligation
from the other only if the latter should live shall be enforced against the separate
abroad or there are other valid and property of the spouse who has not
compelling reasons for the exemption. obtained consent.

EXPENSES FOR SUPPORT AND E. Property Relations of the Spouses

HOUSEHOLD MANAGEMENT (Family Code)
 even if they are married abroad or even if
PROPERTY RELATIONS they reside abroad.
1. Marriage settlements executed before
the marriage Exceptions:
2. Civil Code 1. Both spouses are aliens;
3. Local customs 2. With respect to the extrinsic validity
of contracts affecting property not
REGIMES situated in the Philippines and
 Absolute community of property executed in the country where the
(ACP) property is located; and
 Conjugal partnership of gains (CPG) 3. With respect to the extrinsic validity
 Complete separation of property of contracts entered into the
Philippines but affecting property
In the absence of marriage settlement, or situated in a foreign country whose
when the the regime agreed upon is void, the laws require different formalities for
system of absolute community of property its extrinsic validity.
shall govern.
EFFICACY OF MARRIAGE
MODIFICATIONS IN MARRIAGE SETTLEMENT
SETTLEMENTS The consideration of a marriage settlement is
1. Must be in writing the marriage itself. If the marriage does not
2. Signed by the parties take place, the marriage settlement is
3. Executed before the celebration of the generally rendered void.
marriage
4. Must not prejudice 3rd persons unless DONATION PROPTER NUPTIAS
they are registered in the local civil Donation by reason of marriage. Donations
registry where the marriage contract propter nuptias are without onerous
is recorded as well as in the proper consideration, the marriage being merely the
registries of property. occasion or motive for the donation, not its
“causa.” Being liberalities, they remain
WHEN THERE IS CIVIL subject to reduction for inofficiousness upon
INTERDICTION OR DISABILITY the donor’s death, if they should infringe the
In case of a person upon whom a sentence of legitime of a forced heir (Mateo v. Lagua, 29
civil interdiction has been pronounced or SCRA 864).
who is subject to any other disability, it shall
be indispensable for the guardian, appointed A donation must be made prior to the
by the court, to be made a party to the written celebration of the marriage (Garcia v. Sangil,
marriage settlement. 53 Phil. 968), in consideration of the same
and must be in favor of one or both of the
RULES GOVERNING PROPERTY spouses.
RELATIONS
If the contracting parties are Filipinos, their GOVERNING RULES
property relations will be governed by Title III, Book III, Civil Code
Philippine laws in the absence of any
agreement to the contrary. This rule applies DONATION BETWEEN FUTURE
SPOUSES
 1. there must be a valid marriage
settlement; Reason for Prohibition: According to Justice
2. the marriage settlement must stipulate Puno during the deliberation on this
a property regime other than the particular subject in the Civil Code and
absolute community of property; Family Law Committees, the “intended
3. the donation contained in the benefit does not have to be proven anymore”
marriage settlement must not be more (Minutes of the 164th Joint Meeting of the
than one-fifth of his or her present Civil Code and Family Law Committees held
property; on November 29, 1986, page 5).
4. the donation must be accepted by the
would-be spouse; and The prohibition also applies to persons living
5. it must comply with the requisites together as husband and wife without a valid
established in Title III of Book III of marriage.
the Civil Code on donations.
Indirect Donations (prohibited)
DONATION WITH ENCUMBRANCE 1. to a stepchild who has no compulsory
Donation is an act of liberality. If the object and/or legal heirs, such as his or her
of the donation is subject of an encumbrance, children, other than the other spouse
the donation is still valid. However, the at the time of the donation;
donee’s rights are subject to the 2. to a common child who has no
encumbrance. compulsory and/ or legal heirs other
than the other spouse at the time of the
REVOCATION OF DONATION donation;
PROPTER NUPTIAS 3. to the parents of the other spouse;
1. Marriage is not celebrated or 4. to the other spouse’s adopted child
judicially declared void ab initio who has no compulsory and/or heirs
Exception: donations made in or, in cases when, at the time of the
marriage settlements; donation, the only surviving relative
2. No consent from parents or guardian; of the adopted is the other spouse
3. Annulled marriage and donee acted in (parent of the adopted);
bad faith; 5. to a common adopted child who has
4. Legal separation and donee being the no other compulsory and/or legal
guilty spouse; heirs.
5. With a resolutory condition which
was complied; Reason: Once they die, the spouse of the
6. Ingratitude of the done donor will inherit from the donee.
7. Void donations in Art. 739 (donations
made by persons who were guilty of SYSTEM OF ABSOLUTE
adultery or concubinage at the time of COMMUNITY
the donation)
Absolute Community of Property
DONATION BETWEEN SPOUSES All properties owned by the contracting
DURING MARRIAGE parties before the marriage ceremony and
Any form of donation is void. those which they may acquire thereafter shall
comprise the absolute community of property
Exception: moderate gifts regime. Also, in a partial separation of
property regime, the property not agreed
upon as separate shall pertain to the absolute LIABILITY OF ACP
community 1. Support of the spouses, their common
children and legitimate children of
Alien Married to a Filipino either spouse;
In both absolute community of property and 2. All debts and obligations contracted
conjugal partnership of gains, an alien during the marriage by the designated
married to a Filipino cannot have any interest administrator-spouse for the benefit
in the community or partnership property. of the community, or by both spouses,
or by one spouse with the consent of
Commencement the other;
At the precise moment of the celebration of 3. Debts and obligations contracted by
the marriage. either spouses without the consent of
the other to the extent that the family
NON-WAIVER OF RIGHTS may have been benefited;
If the waiver takes place without a judicial 4. All taxes, liens, charges and
separation of property decree, such waiver expenses, including major or minor
shall be void because it is contrary to law and repairs, upon the community
public policy pursuant to Article 6 of the property;
Civil Code and because such waiver shall 5. All taxes and expenses for mere
constitute an act which is against a preservation made during marriage
prohibitory law as provided in Article 5 of the upon the separate property of either
Civil Code. spouse used by the family;
6. Expenses or donation for self-
Exception: Judicial separation of property improvement activities;
7. Antenuptial debts of either spouse
PROVISIONS ON CO-OWNERSHIP insofar as they have redounded to the
Applies to the ACP between spouses in all benefit of the family;
matters not provided. 8. The value of what is donated or
promised by both spouses in favor of
COMMUNITY PROPERTY their common legitimate children for
All the property owned by the spouses at the the exclusive purpose of commencing
time of the celebration of the marriage or or completing a professional or
acquired thereafter. vocational course or other activity for
self-improvement;
Property acquired during the marriage is 9. Antenuptial debts of either spouse
presumed to belong to the community, unless other than those falling under number
it is proved that it is one of those excluded 7, the support of illegitimate children
therefrom. of either spouse, and liabilities
incurred by either spouse by reason of
EXCLUSIONS a crime or a quasi-delict, in case of
1. Marriage settlement absence or insufficiency of the
2. Property acquired in gratuitous title exclusive property of the debtor-
3. Property for personal and exclusive spouse, the payment of which shall be
use considered as advances to be
4. Property from previous marriage deducted from the share of the debtor-
 spouse upon liquidation of the Neither spouse may donate any community
community; and property without the consent of the other.
10. Expenses of litigation between the
spouses unless the suit is found to be Moderate donations for charity or family
groundless. rejoicing or family distress – valid even
without consent
If the community property is insufficient to
cover the foregoing liabilities, except those Donations by both spouses or by one spouse
falling under number 9, the spouses shall be with the consent of the other will generally be
solidarily liable for the unpaid balance with valid, subject to revocation or reduction
their separate properties. should such donations turn out to be
inofficious or they infringe on the legitime or
GAMES OF CHANCE successional rights of another compulsory
Losses – borne by the loser heir as provided for in Articles 760 to 773 of
Winnings – forms part of community the Civil Code.
property
Reason
JOINT ADMINISTRATION AND The prohibition against a gift or donation of
ENJOYMENT the community property by either spouse
The spouses are co-owners of the properties without the consent of the other is intended to
they introduced into the marriage and those protect the latter’s share therein from the
acquired after the marriage ceremony. prodigality of a reckless or faithless spouse
(Estate of McNutt, 36 Cal App 2d 542, 98 P2d
Joint management or administration does not 253).
require that the husband and the wife always
act together. Each spouse may validly DISSOLUTION OF ABSOLUTE
exercise full power of management alone, COMMUNITY REGIME
subject to the intervention of the court in 1. Death of either spouse;
proper cases. 2. Legal separation decree;
3. Annulment decree; or
Exceptions: those as may be excluded in the 4. Nullity decree
marriage settlement and those listed under
Article 92. EFFECT OF SEPARATION IN FACT

DISPOSITION BY WILL Generally: The separation in fact between

Either spouse may dispose by will of his or husband and wife shall not affect the regime
her interest in the community property. of absolute community.

A testator can provide that certain properties Exception:

after his or her death will go to whoever he or 1. No support to be given to the spouse
she wishes the property will go, provided that who leaves the conjugal home or
the grant will not encroach on the lawful refuses to live therein
legitimes of his compulsory heirs. 2. When the consent of one spouse to
any transaction of the other is
DONATION BETWEEN SPOUSES required by law, judicial
 authorization shall be obtained in a provided for in Articles 101 and 128 may be
summary proceeding; availed of by the aggrieved spouse.
3. In the absence of sufficient
community property, the separate Reliefs
property of both spouses shall be 1. Receivership
solidarily liable for the support of the 2. Judicial separation of property
family. The spouse present shall, 3. Authority to be the sole administrator
upon proper petition in a summary of the absolute community
proceeding, be given judicial
authority to administer or encumber LIQUIDATION PROCEDURE UPON
any specific separate property of the THE DISSOLUTION OF ABSOLUTE
other spouse and use the fruits or COMMUNITY REGIME
proceeds thereof to satisfy the latter’s 1. Inventory – Must be itemized and
share. valued.
2. Payment of debts which the absolute
ABANDONMENT community property is liable must be
Abandonment implies a departure by one paid.
spouse with the avowed intent never to 3. Delivery of exclusive properties of
return, followed by prolonged absence each spouse
without just cause, and without in the 4. Partition of net assets – Equally
meantime providing in the least for one’s divide the net assets/net remainder of
family although able to do so. There must be the community property
absolute cessation of marital relations, duties, 5. Delivery of presumptive legitime – In
and rights with the intention of perpetual accordance to Art. 51 of the Family
separation. xxx “a spouse is deemed to have Code, which refers to annulment or
abandoned the other when he or she has left nullity judgment
the conjugal dwelling without any intention
of returning.” LIQUIDATION UPON DEATH
When the marriage is dissolved by the death
Abandonment must not only be physical of the husband or wife, the community
estrangement but also amount to financial property shall be inventoried, administered,
and moral desertion (Dela Cruz v. Dela Cruz, and liquidated, and the debts thereof paid, in
130 Phil. 324). the estate or intestate proceedings of the
deceased spouse. If both spouses have died,
Prolonged absence: 3 months the conjugal partnership shall be liquidated in
the testate or intestate proceedings of either
Family Obligations (Section 2, Rule 73 of the Rules of Court).
1. Marital
2. Parental However, if the decedent spouse left no will
3. Property relationship and no debts, and the heirs are all of age, or
the minors are represented by their judicial or
Failure to Comply to Family Obligations legal representatives, duly authorized for the
If the negligence or inefficiency is not merely purpose, the parties may, without securing
isolated, but so gross that it is likewise letters of administration from the court,
constantly done without any effort or only divide the estate among themselves as they
with a token effort to improve, the reliefs see fit by means of a public instrument filed
in the office of the register of deeds, and This applies to ACP and CPG. They apply
should they disagree, they may do so in an when the first marriage is terminated by death
ordinary action for partition. If there is only of one of the spouses, and not when the first
one heir, he may adjudicate to himself the marriage has been judicially annulled or
entire estate by means of an affidavit filed in declared void.
the office of the register of deeds (Section 1,
Rule 74 of the Rules of Court). SIMULTANEOUS LIQUIDATION
Refers to at least two marriages contracted
Prescriptive Period – 1 year prior to August 3, 1988 and involves a
If upon the lapse of the 1-year period from the situation where the community properties of
death of one of the spouses, no liquidation is each marriage are to be liquidated
made, any disposition or encumbrance simultaneously.
involving the community property of the
terminated marriage shall be void. Determination of which of the inventoried
properties, including their fruits and income,
Claim Against the Estate belongs to which community property regime
Upon the death of any of the spouses, the depends upon the proofs presented by the
absolute community of property or the contending claimants in accordance with the
conjugal partnership of gains is dissolved or rules of evidence.
terminated. No complaint for the collection
of indebtedness chargeable to the community In case of doubt, the properties inventoried
or conjugal properties can be brought against shall be divided between or among the
the surviving spouse (Alipio v. Court of different communities in proportion to the
Appeals, 341 SCRA 441; Ventura v. capital and duration of each.
Militante, 316 SCRA 226; Calma v. Tanedo,
66 Phil. 594) unless such surviving spouse Scenarios in Case of Doubt, Examples
has committed himself or herself to be 1. When the only information known are
solidarily liable for the claim against the that the two marriages are equal in
absolute community or the conjugal duration and the fair market value of
partnership property (Imperial Insurance v. the inventoried assets at the time of
David, 133 SCRA 317). the liquidation is P15,000 but the
assets in each marriage are unknown.
If the claim is brought against the surviving In this case, since the duration of each
spouse who did not commit himself or herself marriage is equal, the P15,000 shall
to be solidarily liable, and a judgment is be divided equally by the heirs of
rendered directing the surviving spouse to each of the marriages. P7,500 for the
pay the obligation, such judgment is void heirs of the first marriage and the
(Ventura v. Militante, supra). All debts other P7,500 for the second marriage.
chargeable against the community or 2. When the inventoried assets to be
conjugal partnership, which has already been divided and the duration of each
dissolved, must therefore be claimed and paid marriage are known but the actual
in the settlement of estate proceedings of the assets in each particular marriage are
deceased spouse. unknown. Thus, if the only
information are that the first marriage
Mandatory Complete Separation of Property lasted for 2 years and the second
marriage lasted for 3 years and the
 fair market value of the inventoried worth of assets each but the duration
assets is P15,000 at the time of the of the first marriage is 2 years and the
liquidation, the first marriage will be second marriage 3 years, the first
prorated a share of 2/5 of P15,000 marriage will be prorated a share of
which is equal to P6,000 and the 2/5 of P15,000 which is equal to
second marriage will be prorated a P6,000 and the second marriage will
share of three-fifths of P15,000 which be prorated a share of three- fifths of
is equivalent to P9,000. As a result, P15,000 which is equivalent to
P6,000 shall go to the heirs of the first P9,000. As a result, P6,000 shall go to
marriage while P9,000 will go to the the heirs of the first marriage while
heirs of the second marriage (See P9,000 will go to the heirs of the
Dael v. IAC, 171 SCRA 524). second marriage (See Dael v. IAC,
3. When the durations of each marriage 171 SCRA 524). The result is exactly
are the same, the assets of the first and the same as the second scenario.
second marriage are both known and 5. When the durations of each marriage
the assets to be inventoried are also are known but different, the amounts
known. In this case, since the of assets in each marriage are known,
durations are equal, they cancel each and also the amount of the assets to be
other and the prorating will be based inventoried at the time of liquidation
on the amount of the known assets in is ascertained. Thus, if the first
each particular marriage. Thus, if the marriage is for two years and the
value of the first marriage’s asset is second marriage is for three years,
P1,000 and that of the second these respective durations will be
marriage’s asset is P2,000, the first related to the assets for each year and
marriage will be prorated a share of then prorated with the amount of the
1/3 of P15,000 which is equivalent to assets to be inventoried. Thus, if the
P5,000 while the second marriage inventoried assets to be liquidated
will be prorated a share of 2/3 of amounts to P15,000 and if the
P15,000 which is equal to P10,000. duration of the first marriage is two
As a result, the heirs of the first years and that of the second marriage
marriage shall get P5,000 while the is three years and their assets are
heirs of the second marriage shall get P1,000 and P2,000 respectively, the
P10,000. duration of each marriage shall be
4. When the durations of each marriage multiplied to the assets in that
are known but different, the assets of marriage and then prorated with the
each marriage are equal and the assets to be liquidated. Hence, the
amount of the assets to be inventoried first marriage will be prorated a share
at the time of liquidation is of 2/8 of P15,000 which is equivalent
ascertained. Considering that the to P3,750 while the second marriage
assets of each marriage are equal, will be prorated a share of 6/8 of
they will cancel each other. Hence, P15,000 which is equivalent to
the prorating will be based on the P11,250. The heirs of the first
different durations vis-á-vis the marriage will get P3,750 while the
inventoried assets at the time of heirs of the second marriage will get
liquidation. Hence, if each of the P11,250.
marriage has an identical P5,000
CONJUGAL PARTNERSHIP OF GAINS expressly determined in the Family Code or
The spouses shall place in a common fund the by the spouses in their marriage settlements.
fruits of their separate properties and the
income from their work or industry. In case of conflict between the Civil Code on
the rules on partnership and the provisions of
The fruits of paraphernal properties (separate the Family Code on the conjugal partnership
property of the wife), form part of the assets of gains, the latter shall prevail (Homeowners
of the conjugal partnership and are therefore Savings & Loan Bank v. Dailo, G.R. No.
subject to the payment of the debts and 153802, March 11, 2005, 453 SCRA 283).
expenses of the spouses, but not to the
payment of the personal obligation of the PROPERTIES BROUGHT INTO THE
husband, unless it be proved that such MARRIAGE
obligations were productive of some benefit All properties brought into the marriage by
to the family (Quitos v. Sheriff of Manila, 64 the contracting parties belong to each of them
Phil. 115). exclusively. The partnership does not
produce the merger of the properties of each
Upon the dissolution of the marriage, the net spouse (National Bank v. Quintos, 46 Phil.
gains or benefits obtained shall be divided 370)
equally between the spouses unless they have
stipulated another proportion in their The said properties cannot be encumbered,
marriage settlement. alienated nor disposed of by the other spouse
without the consent of the owner- spouse.
WHEN THE CONJUGAL The nature of the property as separate
PARTNERSHIP SHALL COMMENCE property shall remain unless the contrary is
Its application shall commence at the precise proved by positive and convincing evidence.
moment when the marriage ceremony is
celebrated. What is considered is the hour and
not the date of the marriage. Properties Acquired by Gratuitous Title
Anything received by each spouse from any
Prohibition on Waiver source by way of an act of liberality of the
As in the case of the absolute community giver, such as a donation or a gift, shall
regime, no waiver of rights, interests, shares, belong exclusively to the spouse-recipient
and effects of the conjugal partnership of and will not belong to the conjugal
gains can be made during the marriage except partnership property.
upon judicial separation of property.
These include moderate gifts given by one
Reason: To avoid undue pressure and spouse to another during family occasions.
influence exerted upon the weaker spouse
who may be persuaded or coerced into An honorarium may be included as property
parting with his or her interests in the acquired by gratuitous title as it has been
conjugal partnership. defined as something given not as a matter of
obligation but in appreciation for services
SPECIAL TYPE OF PARTNERSHIP rendered, a voluntary donation in
The conjugal partnership shall be governed consideration of services which admit no
by the rules on the contract of partnership in compensation in money (Santiago v.
all that are not in conflict with what is
Commission on Audit, G.R. No. 92284, July Either spouse may mortgage, encumber,
12, 1991). alienate, or otherwise dispose of his or her
exclusive property.
Redemption, Barter, and Exchange
The property shall belong to the spouse who TERMINATION OF
has the right to redeem regardless of whether ADMINISTRATION
or not he or she uses personal funds. Any spouse who alienates his or her
exclusive separate property will terminate the
However, when conjugal funds are used to administration of the other spouse over such
effect the redemption, the spouse making the property and the proceeds of the alienation
redemption through conjugal fund shall be shall be turned over to the owner- spouse.
liable to the conjugal partnership for the
reimbursement of the amount used to redeem PROPERTY DONATED OR LEFT BY
his or her exclusive property (Santos v. WILL TO SPOUSES
Bartolome, 44 Phil. 76). The conjugal A donor or testator may donate or provide in
partnership shall have a lien for the amount a will property to the spouses jointly.
paid by it (See Alvarez v. Espiritu, 14 SCRA
892). The donor or testator may likewise designate
the respective determinate share of each of
If however there is no right of redemption the spouses and, in the absence thereof, share
belonging to either of the spouses, whoever and share alike.
buys or procures something using his or her
own funds shall exclusively own what was The property of the donation will then be
purchased. considered separate property of the spouses.

Property Purchased with the Exclusive

Money of Either Spouse Accretion in Case of Donation
Property purchased using the exclusive
money of one spouse shall belong to such Accretion
spouse. The incorporation or addition of property to
another property.
However, when property is purchased using
the exclusive money of one spouse but the General Rule: In a joint donation, one could
title is taken in the spouses’ joint names, the not accept independently of his co-donee, for
circumstances shall determine whether it there is no right of accretion unless expressly
shall result in a gift from the spouse whose so provided (Genato v. De Lorenzo, 23 SCRA
money was used to effect the purchase, or a 618).
trust in favor of such spouse.
Exception: When the joint donation is in
ADMINISTRATION OF EXCLUSIVE favor of husband and wife.
PROEPRTIES
Each spouse shall retain ownership, ACCRETION IN CASE OF PROPERTY
administration, possession and enjoyment of LEFT BY WILL
his or her exclusive properties. It shall be necessary that the husband and the
wife should be called to the same inheritance,
or to the same portion thereof, pro indiviso
(not divided); and that one of the spouses thus 5. Livestock; and
called dies before the testator or renounces 6. Winnings from game of chance.
the inheritance, or be incapacitated to receive
it INSTALLMENT PURCHASES
When property is bought on installment basis
Payment Using Conjugal Funds partly by exclusive funds of either or both
If conjugal funds are used to pay the spouses and partly by conjugal funds, the
obligations attached to an onerous donation, ownership of the property is determined by
the donee-spouse shall reimburse the the time when the title is vested.
conjugal partnership but the property remains
to be his or her exclusive property. This is but If ownership is vested before the marriage, it
proper because the donated property is belongs to the class of properties exempted
separate property of the donee-spouse. from the conjugal partnership.

Taxes and expenses for mere preservation PAYMENT OF CREDIT IN FAVOR OF

made during the marriage upon the separate SPOUSE
property of either spouse shall be chargeable n a situation where one of the spouses has in
to the conjugal partnership of gains his favor a credit payable in installments or,
in any case, a credit which will be fully paid
NATURE OF PENSIONS, ANNUITIES, during the marriage, all payments made on
GRATUITIES the principal during that marriage shall
Whether retirement benefits, pensions, and belong exclusively to the spouse who owns
annuities are conjugal or separate will depend the credit.
upon how it was obtained and the
circumstances of the case. SOURCE OF FUNDS USED FOR
IMPROVEMENTS
Generally: Gratuity is an act of pure liberality If the value of the improvement and any
resulting increase in value are more than the
An annuity is not a gratuity if the recipient value of the separate property at the time of
thereof is entitled to it as a matter of right. improvement, the entire property of one of
the spouses shall belong to the conjugal
CONJUGAL PARTNERSHIP partnership. But ownership shall vest only
PROPERTY upon reimbursement to the owner-spouse
All property acquired during the marriage, which shall be made at the time of the
whether the acquisition appears to have been liquidation of the conjugal partnership.
made, contracted or registered in the name of
one or both spouses. Usufructuary
prior to liquidation, the owner-spouse still
1. Acquisition by onerous title from owns her separate property and, therefore, the
common fund; same cannot be levied upon to satisfy a
2. Property acquired through industry, conjugal debt (Maramba v. Lozano, 20 SCRA
labor, and profession, and through 474), unless the conjugal funds are
occupation; insufficient to pay the conjugal debts, in
3. Fruits and earning from properties; which case the separate property can be held
4. Hidden treasure (see discussion on solidarily liable
Property)
LIABILITY OF CONJUGAL the spouses with their respective separate
PROPERTY properties.
1. The support of the spouses, their com-
mon children, and the legitimate DEBTS, FINES, PECUNIARY
children of either spouse; INDEMNITIES INCURRED BEFORE
2. All debts and obligations contracted OR DURING THE MARRIAGE
during the marriage by the designated For as long as debts and obligations
administrator-spouse for the benefit redounded to the benefit of the family, such
of the conjugal partnership of gains, debts and obligations, such as hospital and
or by both spouses or by one of them medical expenses of the spouses, may be
with the consent of the other; charged to the conjugal partnership.
3. Debts and obligations contracted by
either spouse without the consent of Need not be quantified into peso or square
the other to the extent that the family meters of real property. It is enough that the
may have been benefited; transaction would result to some discernible
4. All taxes, liens, charges and advantages or good to the conjugal
expenses, including major or minor partnership, directly or indirectly. Thus, the
repairs upon the conjugal partnership health and well-being of both or either of the
property; spouses would undeniably redound to the
5. All taxes and expenses for mere benefit of the conjugal partnership. The
preservation made during the advancement of the interests of the conjugal
marriage upon the separate property partnership depends in great measure on the
of either spouse; soundness of the body and mind of the
6. Expenses to enable either spouse to partners (Costuna v. Domondon, 180 SCRA
commence or complete a profession, 333).
vocational, or other activity for self-
improvement; Difference from Absolute Community Rule
7. Antenuptial debts of either spouse CPG – liable for the personal debts, fines and
insofar as they have redounded to the indemnities of either spouse only after
benefit of the family; payment of all the liabilities of the conjugal
8. The value of what is donated or partnership are covered and when the
promised by both spouses in favor of separate property of the spouse is
their common legitimate children for insufficient.
the exclusive purpose of commencing
or completing a professional or ACP – liabilities may be charged against the
vocational course or other activity for community only in case the separate property
self-improvement; and of the spouse is insufficient.
9. Expenses of litigation between the
spouses unless the suit is found to be Reason: In the absolute community regime,
groundless. the spouses have fewer, if any at all,
exclusive properties with which to meet their
Solidary Obligation personal obligations.
If the conjugal partnership is insufficient to
cover the debts and obligations, the creditors Personal Obligations of Spouses During the
may demand payment from either or any of Marriage
Personal obligations of either of the spouses 8. Conjugal dwelling – Shall be
incurred during the marriage which do not adjudicated to the spouse with whom
redound to the benefit of the family or do not the majority of the common children
have the consent of the other spouse shall be choose to remain.
borne only by the spouse-debtor and his or
her separate property (Francisco v. Gonzales, LIQUIDATION UPON DEATH
G.R. No. 177667, September 17, 2008). See discussion on ACP

JOINT ADMINISTRATION AND SIMULTANEOUS LIQUIDATION OF

ENJOYMENT CONJUGAL PARTNERSHIP
See discussion on ACP CONSTITUTED PRIOR TO FAMILY
CODE.
DONATION See discussion on ACP
See discussion on ACP
ADVANCEMENT
TERMINATION OF CONJUGAL Once a spouse dies, the surviving spouse and
PARTNERSHIP the children become co-heirs of the estate left
See discussion on ACP by the deceased. Hence, during liquidation
they have a right to get certain amounts from
EFFECT OF SEPARATION what they technically own to support
See discussion on ACP themselves. The amount which they are
allowed to get must at least be equivalent to
ABANDONMENT the fruits or rents arising from the share
See discussion on ACP which they will eventually obtain after
liquidation.
LIQUIDATION OF CONJUGAL
PARTNERSHIP ASSETS AND The allowances for support to the children
LIABILITIES and the spouse of the deceased pending
1. Inventory; liquidation of the estate are subject to
2. Credits in favor of partnership – Any collation and deductible from their share of
amount advanced during the marriage the inheritance in so far as they exceed what
by the conjugal partnership in favor they are entitled to as fruits or income
of any of the spouses shall be credited (Lesaca v. Lesaca, 91 Phil. 135).
to the conjugal partnership as an
asset; Only the surviving spouse and the children
3. Reimbursement in favor of spouse if are entitled to get the allowances for support.
funds of any of the spouses are used
to buy conjugal property; JUDICIAL SEPARATION OF
4. Payment of debts and obligations of PROPERTY
partnership; If the husband and wife, prior to the marriage,
5. Delivery of separate properties; did not execute any written marital
6. Division of net remainder; agreement providing that the separation of
7. Delivery of presumptive legitime – In property regime will govern their property
accordance to Art. 51 of the Family relationship, they cannot, after the marriage
Code, which refers to annulment or ceremony, alter their property relationship to
nullity judgment;
a separate property regime without REVIVAL OF PREVIOUS PROPERTY
mandatory judicial approval. REGIME
1. Termination of civil interdiction;
Kinds of Judicial Separation of Property 2. Reappearance of absentee spouse;
1. Voluntary 3. When the court, being satisfied that
2. For sufficient cause the spouse granted the power of
administration in the marriage
SUFFICIENT CAUSE FOR JUDICIAL settlements will not again abuse that
SEPARATION OF PROPERTY power, authorizes the resumption of
1. Civil interdiction; said administration;
2. Declaration of absence; 4. When the spouse who has left the
3. Loss of parental authority; conjugal home without a decree of
4. Abandonment and failure to comply legal separation resumes common life
with obligations to the family; with the other;
5. Abuse of administration; 5. Restoration of parental authority;
6. Separation in fact 6. Reconciliation of the spouses who
have separated in fact for at least one
VOLUNTARY SEPARATION year; or
The spouses may agree on the separation of 7. When after voluntary dissolution of
their absolute community of property regime the ACP or CPG has been judicially
or their conjugal partnership of gains. There decreed upon the joint petition of the
must be court approval. spouses, they agree to the revival of
the former property regime. No
EFFECT OF DISSOLUTION OF ACP voluntary separation of property may
OR CPG thereafter be granted.
Complete separation of property applies. In
the same vein, as to properties each of the Judicial Proceeding for Revival
spouses may have acquired or expenses each The spouses should file a motion in the same
of them may have incurred after the finality court proceeding where separation was
of the judicial separation decree, the same decreed for a decree reviving the property
belong exclusively to either of them regime that existed between them before the
independently of the community properties separation of property.
or the conjugal partnership properties.
The agreement shall be executed under oath
RIGHTS OF CREDITORS and specify:
 The recording in the civil registry of 1. the properties to be contributed anew
the petition of the separation of to the restored regime;
property and the final judgment is to 2. those to be retained as separate
aid present and future creditors in properties of each spouse; and
determining whether an asset of a 3. the names of all their known
spouse is conjugal or really separate. creditors, their addresses and the
 The separation of property shall not amounts owing to each.
prejudice the rights previously
acquired by the creditors. TRANSFER OF ADMINISTRATION
1. When a spouse is judicially appointed
guardian of his or her spouse;
 2. When a spouse is judicially declared 1. INFORMAL CIVIL
an absentee; RELATIONSHIPS
3. When one spouse is sentenced to a A man and a woman who are capacitated to
penalty which carries with it civil marry each other, live exclusively with each
interdiction; or other as husband and wife without the benefit
4. When one spouse becomes a fugitive of marriage or under a void marriage.
from justice or is hiding as an accused
in a criminal case. Though there is no technical marital
partnership between persons living as
SEPARATION OF PROPERTY husband and wife without being lawfully
The parties may agree on the extent of their married or under a void marriage,
separation of property regime. It may involve nevertheless there is between them an
present or future property or both. informal civil relationship which would
entitle the parties to some rights (Lesaca v.
Kinds Lesaca, 91 Phil. 135).
1. Total
2. Partial – property not agreed upon as Co-ownership
separate shall pertain to the absolute A form of trust and every co-owner is a
community trustee for the other (Mallilin v. Castillo, G.R.
No. 136803, June 16, 2000).
RIGHTS OF EACH SPOUSE
Each shall own, dispose of, possess, Structure of Property Relationship
administer and enjoy his or her own separate 1. Salaries and wages shall be owned by
estate, without need of the consent of the them in equal shares; and
other. 2. Property acquired by either of the
parties exclusively by his or her own
To each spouse shall belong all earnings from fund belongs to such party provided
his or her profession, business or industry and that there is proof that he or she
all fruits, natural, industrial or civil, due or acquired it by exclusive funds;
received during the marriage from his or her 3. Property acquired by both of them
separate property. through their work or industry shall
be governed by the rules on co-
ownership. Consequently, either
LIABILITY OF EACH SPOUSE spouse may alienate in favor of the
Both spouses shall bear the family expenses other his or her share in the property;
in proportion to their income, or, in case of 4. Property acquired while they live
insufficiency or default thereof, to the current together shall be presumed to have
market value of their separate properties. been obtained by their joint efforts,
work or industry and shall be owned
The spouses are solidary liable to creditors by them in equal shares. A party who
for family expenses. did not participate in the acquisition
by the other party of any property
PROPERTY REGIME OF UNIONS shall be deemed to have contributed
WITHOUT MARRIAGE jointly in the acquisition thereof if the
former’s efforts consisted in the care
 and maintenance of the family and of of marriage, but are not capacitated to
the household; marry;
5. The fruits of the couple’s separate 2. An adulterous relationship even if it
property are not included in the co- occurred prior to the effectivity of the
ownership (Valdes v. RTC, 72 SCAD Family Code (Atienza v. De Castro,
967, 260 SCRA 221); G.R. No. 169698, November 20,
6. Property acquired by any of the 2006, 508 SCRA 593).
parties after separation shall be 3. A bigamous or polygamous marriage;
exclusively owned by the party who 4. Incestuous void marriages under
acquired it; Article 37; and
7. Neither party can encumber or 5. Void marriages by reason of public
dispose by acts inter vivos of his or policy under Article 38.
her share in the property acquired
during cohabitation and owned in Structure of Property Regime
common, without the consent of the 1. The salaries and wages are separately
other, until after the termination of owned by the parties and if any of the
their cohabitation. However, either spouses is married, his or her salary is
spouse may alienate in favor of the the property of the conjugal
other his or her share in the property partnership of gains of such
co-owned. But no one can donate or legitimate marriage;
waive any interest in the co- 2. Property solely acquired by funds of
ownership that would constitute an any of the parties belongs to such
indirect or direct grant of gratuitous party;
advantage to the other which is void 3. Only the properties acquired by both
pursuant to Article 87; of the parties through their actual
8. When only one of the parties to a void joint contribution of money, property,
marriage is in good faith, the share of or industry shall be owned by them in
the party in bad faith in the co- common in proportion to their
ownership shall be forfeited in favor respective contributions;
of their common children. In case of 4. The respective shares of the parties
default of or waiver by any or all of over properties owned in common are
the common children or their presumed to be equal. However,
descendants, each vacant share shall proofs may be shown to show that
belong to the respective surviving their contribution and respective
descendants. In the absence of shares are not equal. Without proof of
descendants, such share shall belong actual contribution by both parties,
to the innocent party. In all cases, the there can be no presumption of co-
forfeiture shall take place upon ownership and equal sharing
termination of the cohabitation. (Villanueva v. Court of Appeals, G.R.
No. 143286, April 14, 2004; Rivera v.
2. COHABITATION NOT FALLING Heirs of Romualdo Villanueva, G.R.
UNDER THE PRECEDING No. 141501, July 21, 2006, 496 SCRA
ARTICLE 135).
1. A man and a woman living together 5. The rule and presumption mentioned
as husband and wife, without benefit above shall apply to joint deposits of
money and evidences of credit; and
 6. If one of the parties is validly married 1. the civil status of persons;
to another, his or her share in the co- 2. the validity of a marriage or of a legal
ownership shall accrue to the absolute separation;
community or conjugal partnership 3. any ground for legal separation;
existing in such valid marriage. If the 4. future support;
party who acted in bad faith is not 5. the jurisdiction of courts; and
validly married to another, his or her 6. future legitime.
share shall be forfeited in the manner
provided in the last paragraph of The rule on earnest efforts also does not apply
Article 147. The foregoing rules on to special proceedings like a petition for the
forfeiture shall likewise apply even if settlement of estate guardianship and custody
both parties are in bad faith. of children, and habeas corpus. The term
“suit” provided by law clearly implies only
F. The Family (Family Code) civil actions (Manalo v. Court of Appeals,
1. The family as an institution G.R. No. 129242, January 16, 2000).

FAMILY Exception from Criminal Liability in Crimes

The foundation of nation, a basic social Against Property
institution which public policy cherishes and Art. 332 of the Revised Penal Code provides
protects. that no criminal, but only civil liability, shall
result from the commission of the crime of
Destructive Agreements theft, swindling or malicious mischief
Family relations are governed by law and no committed or caused mutually by the
custom, practice or agreement destructive of following persons:
the family shall be recognized or given effect. 1. Spouses, ascendants and descendants,
or relatives by affinity in the same
line;
FAMILY RELATIONS 2. The widowed spouse with respect to
1. Between husband and wife; the property which belonged to the
2. Between parents and children; deceased spouse before the same shall
3. Among other ascendants and have passed into the possession of
descendants; and another; and
4. Among brothers and sisters, whether 3. Brothers and sisters and brothers-in-
of the full or half-blood. law and sisters-in-law, if living
together.
EARNEST EFFORTS TO The exemption established by Article 332,
COMPROMISE however, shall not be applicable to strangers
Before a suit can be filed by a person against participating in the commission of the crime.
another belonging to the same family, earnest
efforts must first be made to settle the case Prescriptive Period
amicably. Otherwise, the suit is dismissible. Art. 1109. Prescription does not run between
husband and wife, even though there be a
Exceptions separation of property agreed upon in the
Art. 2035 of the Civil Code provides that no marriage settlements or by judicial decree.
compromise upon the following questions Neither does prescription run between
shall be valid: parents and children, during the minority or
insanity of the latter, and between guardian Appeals, G.R. No. 164740, July 31, 2006, 497
and ward during the continuance of the SCRA 385).
guardianship.
Exception
2. The family home 1. For non-payment of taxes;
2. For debts incurred prior to the
FAMILY HOME constitution of the family home;
The dwelling house where the husband and 3. For debts secured by mortgages on
the wife or by an unmarried head of a family the premises before or after such
and their family reside, and the land on which constitution; and
it is situated. 4. For debts due to laborers, mechanics,
architects, builders, materialmen and
The family home must be part of the others who have rendered service or
properties of the absolute community or the furnished material for the
conjugal partnership, or of the exclusive construction of the building.
properties of either spouse with the latter’s
consent. It may also be constituted by an BENEFICIARIES OF A FAMILY HOME
unmarried head of a family on his or her own 1. The husband and wife, or an
property. unmarried person who is the head of
a family; and
A family home is not affected by the type of 2. Their parents, ascendants,
property regime of the spouses or by the fact descendants, brothers and sisters,
that the marriage has been nullified (Valdez whether the relationship be legitimate
v. RTC, 260 SCRA 221). or illegitimate, who are living in the
family home and who depend upon
A house erected by a person on the property the head of the family for legal
of another is not a family home (Taneo v. support.
Court of Appeals, 304 SCRA 308).
VALUE OF THE FAMILY HOME
A property that is the subject of a conditional Urban areas – must not exceed, at the time of
sale on installment where ownership is its constitution, ₱300,000
reserved by the vendor only to guarantee Rural areas – must not exceed, at the time of
payment of the purchase price may be its constitution, ₱200,000
constituted as a family home.
In any event, if the value of the currency
EXEMPT FROM EXECUTION changes after the adoption of this code, the
The exemption from execution, forced sale or value most favorable for the constitution of a
attachment provided by law is effective from family home shall be the basis of the
the time of the constitution of the family evaluation.
home as such, and lasts so long as any of its
beneficiaries actually resides therein DISPOSITION OF FAMILY HOME
(Modequillo v. Breva, 185 SCRA 766). It is a The family home may be sold, alienated,
personal right which can be claimed only by donated, assigned or encumbered by the
the judgment debtor, and not by the sheriff, owner or owners thereof with the written
and therefore generally must be claimed consent of the person constituting the same,
before the public auction (Versola v. Court of
the latter’s spouse, and a majority of the first to the amount mentioned in Article 157,
beneficiaries of legal age. and then to the liabilities under the judgment
and costs. The excess, if any, shall be
LIMITATION AFTER DEATH delivered to the judgment debtor. (247a,
upon the death of the person who constituted 248a)
the family home, such family home shall
continue as a family home for a period of 10 FAMILY RESIDENCES
years or for as long as there is a minor It does not mean that Articles 152 and 153 of
beneficiary. The heirs cannot partition the said Code have a retroactive effect such that
same unless the court finds compelling all existing family residences are deemed to
reasons therefor. have been constituted as family homes at the
time of the occupation prior to the effectivity
JUDGMENT CREDITOR of the Family Code and are exempt from
There is a need under Article 160 for a court execution for the payment of obligations
decision before a judgment creditor can avail incurred before the effectivity of the Family
of the privilege under Article 160 of the Code. xxx All existing family residences at
Family Code. the time of the effectivity of the Family Code
are considered family homes and are
However, the judgment-claim and the prospectively entitled to the benefits
judgment creditor making the claim should accorded to a family home under the Family
not be one of those mentioned in Article 155. Code (Modequillo v. Breva, 185 SCRA 766).

Art. 160. When a creditor whose claim is not G. Paternity and Filiation (Family Code)
among those mentioned in Article 155
obtains a judgment in his favor, and he has FILIATION OF CHILDREN
reasonable grounds to believe that the family  Nature
home is actually worth more than the o Legitimate – conceived or
maximum amount fixed in Article 157, he born during the marriage
may apply to the court which rendered the o Illegitimate – children
judgment for an order directing the sale of conceived outside a valid
the property under execution. The court shall marriage
so order if it finds that the actual value of the  Adoption
family home exceeds the maximum amount
allowed by law as of the time of its Artificially Inseminated Child
constitution. If the increased actual value Considered as a legitimate child of the
exceeds the maximum allowed in Article 157 husband and wife provided that both of them
and results from subsequent voluntary authorized or ratified such insemination in a
improvements introduced by the person or written instrument executed and signed by
persons constituting the family home, by the them before the birth of the child and that the
owner or owners of the property, or by any of instrument is recorded in the civil registry
the beneficiaries, the same rule and together with the birth certificate of the child.
procedure shall apply.
WHEN LEGITIMACY OF A CHILD
At the execution sale, no bid below the value MAY BE IMPUGNED
allowed for a family home shall be 1. Physical incapacity
considered. The proceeds shall be applied 2. Living separately
 3. Serious illness
4. Sterility NO PRESUMPTION FOR A CHILD
5. Vasectomy BORN AFTER 300 DAYS AFTER
6. Scientific testing TERMINATION OF MARRIAGE.
7. Vitiated consent in artificial The law considers 300 days as the longest
insemination gestation period of a child in the mother’s
womb. In the absence of any subsequent
If the husband agreed to the artificial marriage after the termination of the first
insemination of his wife by the sperm of marriage, the father of a child born after 300
another man and the spouses observed all the days from such termination can be anybody.
requirements of the law, the husband cannot This includes the husband of the previous
anymore impugn the legitimacy of the child. marriage as it is not improbable that the
gestation period may even extend
PRESUMPTION OF FILIATION extraordinarily beyond 300 days or that the
1. A child born 180 days after the previously married couple had sexual
solemnization of the subsequent intercourse after the finality of their decree of
marriage is considered to have been annulment or nullity. While there have been
conceived during the former cases where the gestation period reached
marriage, provided it be born within from up to 316 to 330 days (Ousley v. Ousley,
300 days after the termination of the 261 SW 2d 817), this is not normal and,
former marriage; hence, other convincing proofs of filiation
2. A child born after 180 days following must be shown. Thus, no presumption can
the celebration of the subsequent attach, thereby necessitating the introduction
marriage is considered to have been of evidence by whoever alleges legitimacy or
conceived during such marriage, even illegitimacy.
though it be born within the 300 days
after the termination of the former PARTIES IN IMPUGNING THE
marriage. LEGITIMACY OF A CHILD
Only the husband can file a direct action to
Access Presumed Prior to Termination of impugn the legitimacy of a child.
Marriage
Access between the spouses is presumed Exception: Heirs of the husband –
during the marriage. This presumption holds 1. If the husband should die before the
even immediately before the official expiration of the period fixed for
termination of marriage. bringing his action;
2. If he should die after the filing of the
Reason: It is not unlikely that the spouses complaint, without having desisted
could have engaged in sexual intercourse just therefrom; or
prior to the death of one of them or just before 3. If the child was born after the death of
the issuance of a decree of annulment or a the husband.
declaration of nullity.
Reason: desire to protect innocent children
The rules will not apply in case there are against attacks upon paternity (Russell v.
convincing proofs of filiation that the father Russell Eng [1924] AC 687 [HL]; Taylor v.
of the child is the previous husband or the Taylor, 295 So. 2d 494).
subsequent husband, as the case may be.
Prescriptive Periods 3. after action had already been
1. 1 year from knowledge of the birth or instituted,
its recording in the civil register, if the
impugner resides in the city or RIGHTS OF THE LEGITIMATE CHILD
municipality where the birth took 1. To bear the surname of the father and
place or was recorded; the mother, in conformity with the
2. 2 years from knowledge of the birth provisions of the Civil Code on
or its recording in the civil register, if Surnames;
the impugner resides in the 2. To receive support from their parents,
Philippines other than in the city or their ascendants, and in proper cases,
municipality where the birth took their brothers and sisters, in
place or was recorded; and conformity with the provisions of this
3. 3 years, if the impugner resides Code on Support; and
abroad; 3. To be entitled to the legitime and
If the birth of the child has been concealed other successional rights granted to
from or was unknown to the husband or his them by the Civil Code.
heirs, the period shall be counted from the
discovery or knowledge of the birth of the CLAIM OF ILLEGITIMATE
child or of the fact of registration of the birth, CHILDREN
whichever is earlier. (same with Proof of Filiation of Legitimate
Children)
PROOF OF FILIATION OF
LEGITIMATE CHILDREN Prescriptive Period
1. Record of birth Whole lifetime.
2. Final judgment
3. Admission in public or private Exception: For proofs used under Art. 172,
handwritten document the illegitimate child may only bring the
4. Open and continuous possession of action during the lifetime of the alleged
legitimate status parent (Uyguanco v. Court of Appeals, G.R.
5. Evidence under the Rules of Court No. 76873, October 26, 1989, 178 SCRA
and special laws 684).
6. Deoxyribonucleic Acid (DNA)
testing RIGHTS OF AN ILLEGITIMATE
CHILD
ACTION TO CLAIM LEGITIMACY 1. Use the surname of the mother;
The right of action for legitimacy devolving 2. Under the parental authority of the
upon the child is of a personal character and mother;
generally pertains exclusively to him. Only 3. Use the surname of the father if their
the child may exercise it at any time during filiation has been expressly
his lifetime. recognized by the father through the
record of birth appearing in the civil
Exception: It may be transmitted to the heirs register, or when an admission in a
– public document or private
1. if he or she died during his or her handwritten instrument is made by
minority, or the father;
2. while insane, or 4. Legitime is ½ of the legitimate child.
 child (In the Matter of the Adoption of
LEGITIMATED CHILD Stephanie Nathy Astorga Garcia, 454 SCRA
541, 551 (2005))
Requirements in the Process of Legitimation:
1. The parents do not suffer any legal 1. R.A. No. 8552 (Domestic Adoption Act
impediment or are disqualified to of 1998)
marry because either one or both of
them are 18 years of age at the time of a) Who may adopt
the conception of the child by the
mother; Filipino Adopter:
2. The child has been conceived and 1. Must be of legal age and at least
born outside of a valid marriage. This sixteen (16) years older than the
is the rule because, if the child is adoptee (exception: if the adopter is
either conceived or born within a the biological parent of the adoptee or
particular valid marriage, the said the spouse of the adoptee’s parent, in
child is declared by law as legitimate; which case, the requirement of
3. The parents subsequently enter into a sixteen-year difference may be
valid marriage. It is this last step waived);
which by operation of law will finally 2. Must be in possession of full civil
legitimate the child. The annulment capacity and legal rights, of good
of a voidable marriage shall not affect moral character and has not been
the legitimation. convicted of any crime involving
moral turpitude; and
EFFECTS 3. Must be emotionally and
1. Enjoys the same rights as legitimate psychologically capable of caring for
children; children and in a position to support
2. Retroacts to the time of the child’s and care for his or her children in
birth keeping with the means of the family.
3. Legitimation of children who died
before the celebration of the marriage Alien Adopter
shall benefit their descendants. 1. Must possess the same qualifications
required of Filipino nationals;
IMPUGNING THE LEGITIMATION 2. His/her country must have diplomatic
Legitimation may be impugned only by those relations with the Republic of the
who are prejudiced in their rights Philippines;
3. He/she has been certified by his/her
Prescriptive Period diplomatic or consular office or any
Within 5 years from the date their cause of appropriate government agency to be
action accrues. legally capacitated to adopt in his/her
country;
H. Adoption 4. His/her government allows the
adoptee to enter his/her country as
ADOPTION his/her adopted son/daughter;
The process of making a child, whether 5. He/she has been living in the
related or not to the adopter, possesses in Philippines for at least 3 continuous
general, the rights accorded to a legitimate years prior to the filing of the
 application for adoption and judicially declared available for
maintains such residence until the adoption
adoption decree is entered 2. The legitimate son/daughter of one
spouse by the other spouse
Requirements on residency and certification 3. An illegitimate son/daughter by a
of alien’s qualification to adopt in his/her qualified adopter to improve his/her
country may be waived for the following: status to that of legitimacy
i. a former Filipino citizen who 4. A person of legal age if, prior to the
seeks to adopt a relative within adoption, said person has been
the 4th degree of consanguinity or consistently considered and treated
affinity; by the adopter(s) as his/her own child
ii. one who seeks to adopt the since minority.
legitimate son/daughter of his/her 5. A child whose adoption has been
Filipino spouse; or previously rescinded. To be legally
iii. one who is married to a Filipino available for adoption, the child must
citizen and seeks to adopt jointly be below 8 years of age.
with his/ her spouse a relative 6. A child whose biological or adoptive
within the 4th degree of parent(s) has died provided that the
consanguinity or affinity of the child is below 18 years of age. In this
Filipino spouse. case, the law requires that no adoption
proceedings shall be initiated within 6
Note: The Civil Code states that one who has months from the time of death of said
legitimate, legitimated, acknowledged parent(s).
natural children, or natural children by legal
fiction is ineligible to adopt another child. Requirement of Consent
The written consent of the following to the
Joint Adoption of Spouses adoption is required:
Required by law, except for the following 1. The adoptee, if 10 years of age or
instances: over;
1. if one spouse seeks to adopt the 2. The biological parent(s) of the child,
legitimate son/daughter of the other; if known, or the legal guardian, or the
or proper government instrumentality
2. if one spouse seeks to adopt his/her which has legal custody of the child;
own illegitimate son/ daughter, 3. The legitimate and adopted
provided, however, that the other sons/daughters, ten (10) years of age
spouse has signified his/her consent or over, of the adopter(s) and adoptee,
thereto; or if any;
3. if the spouses are legally separated 4. The illegitimate sons/daughters, ten
from each other. (10) years of age or over, of the
adopter if living with said adopter and
b) Who may be adopted the latter’s spouse, if any;
5. The spouse, if any, of the person
The following may be adopted: adopting or to be adopted.
1. Any person below 18 years of age
who has been administratively of c) Rights of an adopted child
  The adoptee is deemed a legitimate shall divide the entire estate in equal
child of the adopter shares, one-third to be inherited by
o Acquires the rights and the illegitimate children, one-third by
obligations arising from the the surviving spouse, and one-third
relationship of parent and by the adopters;
child 5. When only the adopters survive, they
o Includes right to use the shall inherit the entire estate; and
surname of the adopters 6. When only collateral blood relatives
 The parental authority of biological of the adopted survive, then the
parents shall be terminated ordinary rules of legal or intestate
 The parental authority shall be vested succession shall apply.
to the adopters (except that if the
adopter is the spouse of the parent by d) Instances when adoption may be
nature of the adopted, parental rescinded
authority over the adopted shall be
exercised jointly by both spouses) The adoption may be rescinded on any of the
 The adopted shall remain an intestate following grounds committed by the
heir of his parents and other blood adopter(s):
relatives. a. repeated physical and verbal
maltreatment by the adopter(s)
Rules on the Legal or Intestate Succession to despite having undergone counseling;
the Estate of the Adopted: b. attempt on the life of the adoptee;
1. Legitimate and illegitimate children c. sexual assault or violence; or
and descendants and the surviving d. abandonment and failure to comply
spouse of the adopted shall inherit with parental obligations.
from the adopted, in accordance with
the ordinary rules of legal or intestate e) Effects of rescission
succession;
2. When the parents, legitimate or If the petition is granted, the following are the
illegitimate, or the legitimate effects:
ascendants of the adopted concur with 1. The parental authority of the
the adopter, they shall divide the adoptee’s biological parent(s), if
entire estate, one-half to be inherited known, or the legal custody of the
by the parents or ascendants and the Department, shall be restored if the
other half, by the adopters; adoptee is still a minor or
3. When the surviving spouse or the incapacitated.
illegitimate children of the adopted 2. The reciprocal rights and obligations
concur with the adopters, they shall of the adopter(s) and the adoptee to
divide the entire estate in equal each other shall be extinguished.
shares, one-half to be inherited by the 3. The court shall order the Civil
spouse or the illegitimate children of Registrar to cancel the amended
the adopted and the other half, by the certificate of birth of the adoptee and
adopters. restore his/her original birth
4. When the adopters concur with the certificate.
illegitimate children and the 4. Succession rights shall revert to its
surviving spouse of the adopted, they status prior to adoption, but only as of
 the date of judgment of judicial values and example to the child and in
rescission. However, vested rights the proper case, to all his/her other
acquired prior to judicial rescission children;
shall be respected. h. comes from a country:
All the foregoing effects of rescission of i. with whom the Philippines
adoption shall be without prejudice to the has diplomatic relations;
penalties imposable under the Penal Code if ii. whose government maintains
the criminal acts are properly proven. a foreign adoption agency;
and
2. R.A. No. 8043 (Inter-Country Adoption iii. whose laws allow adoption;
Act of 1995) and
i. files jointly with his/her spouse, if
a) When allowed any, who shall have the same
Allowed when the adopted shall prove qualifications and none of the
beneficial to the child’s best interests and disqualifications to adopt as
shall serve and protect his/her fundamental prescribed above.
rights
Other factors:
b) Who may adopt 1. Total personality of the applicants;
Any foreign national or a Filipino citizen 2. Emotional maturity;
permanently residing abroad who has the 3. Quality of marital relationship;
qualifications and none of the 4. Feeling about children;
disqualifications under the Inter-Country 5. Feeling about childlessness and
Adoption Act may file an application if readiness to adopt; and
he/she: 6. Motivation
a. is at least twenty-seven (27) years of
age; c) Who may be adopted
b. is at least sixteen (16) years older than
the child to be adopted at the time of LEGALLY-FREE CHILD
the filing of the application unless the Any child who has been voluntarily or
applicant is the parent by nature of the involuntarily committed to the DSWD as
child to be adopted or is the spouse of dependent, abandoned or neglected pursuant
such parent by nature; to the provisions of the Child and Youth
c. has the capacity to act and assume all Welfare Code may be the subject of Inter-
the rights and responsibilities incident Country Adoption.
to parental authority under his/her
national law; In case of a child who is voluntarily
d. has undergone appropriate committed, the physical transfer of said child
counseling from an accredited shall be made not earlier than 6 months from
counselor in his/her country; the date the Deed of Voluntary Commitment
e. has not been convicted of a crime was executed by the child’s biological
involving moral turpitude; parent/s.
f. is eligible to adopt under his/her
national law; The prohibition against physical transfer
g. can provide the proper care and shall not apply to adoption by a relative or
support and give the necessary moral children with special medical conditions.
 illegitimate
A person below 15 years of age. son/daughter
but the other
Commitment spouse must
a. involuntary commitment, in case of a give his/her
dependent child, or through the consent;
termination of parental or 3. If the spouses
guardianship rights by reason of are legally
abandonment, substantial and separated from
continuous or repeated neglect and/or each other.
parental incompetence to discharge
parental responsibilities, and in the
manner, form and procedure I. Support (Family Code)
hereinafter prescribed; or
b. voluntary commitment, through the SUPPORT
relinquishment of parental or Includes whatever is necessary to keep a
guardianship rights in the manner and person alive.
form hereinafter prescribed.
Support is the most sacred and important of
3. Distinction between domestic adoption all obligations imposed by law and it is
and inter-country adoption imposed with overwhelming reality.
DOMESTIC INTER-COUNTRY
ADOTION ADOPTION MANDATORY NATURE
Adoption Decree Mandatory obligation to support each other:
Issued in the Issued outside of the 1. The spouses;
Philippines Philippines 2. Legitimate ascendants and
Who May be Adopted (see above) descendants;
Who May Adopt (see Above) 3. Parents and their legitimate children
Requirement of Joint Adoption by and the legitimate and illegitimate
Spouses children of the latter;
General rule: Rule: if the adopter 4. Parents and their illegitimate children
husband and wife is married, his/her and the legitimate and illegitimate
shall jointly adopt; spouse must jointly children of the latter; and
otherwise, the file for the adoption. 5. Legitimate brothers and sisters,
adoption shall not be whether of full or half-blood.
allowed. 6. Illegitimate brothers and sisters (until
the brother or sister is of age and the
Exceptions: need for his or her support is due to
1. If one spouse his or her fault or negligence)
seeks to adopt
the legitimate PROPERTIES ANSWERABLE FOR
son/daughter of SUPPORT
the other; 1. absolute community of property
2. If one spouse 2. conjugal partnership
seeks to adopt
his/her own
Note: If ACP or CP is insufficient to cover i. whether the spouse seeking support is
the support of the foregoing persons, the the custodian of a child whose
spouses shall be solidarily liable with their circumstances make it appropriate for
separate properties. that spouse not to seek outside
employment;
WHEN RIGHT TO SUPPORT ii. the time necessary to acquire
BETWEEN SPOUSES CEASES sufficient education and training to
After the final judgment granting a petition enable the spouse seeking support to
for: find appropriate employment, and
 Annulment; or that spouse’s future earning capacity;
 Petition for declaration of nullity of iii. the duration of the marriage;
marriage iv. the comparative financial resources
of the spouses, including their
Note: even when the marriage bond is not comparative earning abilities in the
severed in legal separation, the obligation of labor market;
mutual support likewise ceases upon the v. the needs and obligations of each
finality of a decree of legal separation, spouse;
although the court may, in its discretion, vi. the contribution of each spouse to the
order the guilty spouse to give support to the marriage, including services rendered
innocent one. in home-making, child care,
education, and career building of the
Support Pendente Lite Between Spouses other spouse;
The court shall provide for the support of the vii. the age and health of the spouses;
spouses and their common children in the viii. the physical and emotional conditions
absence of a written agreement between the of the spouses;
spouses during the pendency of action for ix. the ability of the supporting spouse to
annulment, declaration of absolute nullity of give support, taking into account that
marriage, and even an action for legal spouse’s earning capacity, earned and
separation unearned income, assets, and
standard of living; and
Spousal Support x. any other factor the court may deem
In determining support for the spouses, the just and equitable;
court may be guided by the following rules: d. The Family Court may even direct the
a. In the absence of adequate provisions in a deduction of the provisional support from
written agreement between the spouses, the salary of the spouse.
the spouses may be supported from the
properties of the absolute community or Child Support
the conjugal partnership; Common children of spouses – supported by
b. The court may award support to either ACP or CP
spouse in such amount and for such
period of time as the court may deem just Provisional Support from Parents
and reasonable based on their standard of 1. the financial resources of the
living during the marriage; custodial and non-custodial parent
c. The court may likewise consider the and those of the child;
following factors:
 2. the physical and emotional health of but it shall not be paid except from the date
the child and his or her special needs of judicial or extra-judicial demand.
and aptitudes;
3. the standard of living the child has MANNER OF PAYMENT
been accustomed to; Payment shall be made within the first five
4. the non-monetary contributions that days of each corresponding month.
the parents will make toward the care
and well-being of the child In case of death of the person entitled to
receive support, his heirs shall not be obliged
ORDER OF LIABILITY OF SUPPORT to return what he has received in advance for
Whenever two or more persons are obliged to such support.
give support, the order of liability of support
is the following: Options to Fulfill the Obligation
1. the spouse; 1. by paying the allowance fixed; or
2. the descendants in the nearest degree; 2. by receiving and maintaining in the
3. the ascendants in the nearest degree; family dwelling the person who has a
and right to receive support (exception:
4. the brothers and sisters. cannot be availed in case there is a
moral or legal obstacle)
Note: when two or more recipients at the
same time claim support from one and the CHARACTERTISTICS OF RIGHT TO
same person legally obliged to give it, should SUPPORT
the latter not have sufficient means to satisfy 1. the right to receive legal support, as
all claims, the order established in Article well as any money or property
199 shall still be followed, unless the obtained as such support, cannot be
concurrent obligees should be the spouse and levied upon on attachment or
a child subject to parental authority, in which execution for to allow attachment or
case the child shall be preferred. execution of the right to sup- port, or
of what is used for support, would
AMOUNT OF SUPPORT defeat the purpose which the law
In proportion to the resources or means of the gives to the recipient against want and
giver and to the necessities of the recipient, misery;
and the same may be reduced or increased 2. the right to receive support cannot be
proportionately, according to the reduction or renounced nor can it be transmitted to
increase of the necessities of the recipient and a third person;
the resources or means of the person obliged 3. future support cannot be the subject
to furnish the same. of a compromise; and
4. compensation may not even be set up
DETERMINING THE AMOUNT OF against a creditor who has a claim for
SUPPORT TO BE AWARDED support due by gratuitous title.
In proportion to the resources or means of the
giver and the necessities of the recipient. PAYMENT BY STRANGER OR THIRD
PERSONS
DEMANDABILITY OF PAYMENT Stranger – one who does not have any
From the time the person who has a right to obligation to give support to the person who
receive the same needs it for maintenance, received it. In other words, the giver must not
be one of those enumerated in Articles 195 196 of the Family
and 196 of the Family Code. Code

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

ART. 206
When, without the knowledge of the person PARENTAL AUTORITY
obliged to give support, it is given by a Parental authority involves a mass of rights
stranger, the latter shall have a right to claim and obligation which the law grants for the
the same from the former, unless it appears purpose of the children’s physical
that he gave it without intention of being preservation and development, as well as the
reimbursed. cultivation of their intellect and the education
of their hearts and senses. As regards parental
Requisites for the Recovery on the Part of the authority, there is no power, but a task; no
Stranger complex of rights, but a sum of duties; no
1. the support of a dependent has been sovereignty but a sacred trust for the welfare
furnished by a stranger; of the minor (Incang v. CA, 296 SCRA 128).
2. the support was given without the
knowledge of the person obliged to Consequences of Parental Authority
give support; and Rights of Parents
3. the support must not have been given 1. the right to have them in their
without the intention of being company (custody);
reimbursed 2. the right to be obeyed and respected;
3. the right to impose discipline on them
PAYMENT BY STRANGER UNDER as may be required under the
ART. 207 circumstances;
The obligation to reimburse is the same that 4. the right to withhold or give consent
arises from quasi-contract. in certain matters;
5. the right to exercise legal
CONTRACTUAL SUPPORT VS. guardianship over the property of
LEGAL SUPPORT unemancipated common children;
CONTRACTUAL 6. limited right of usufruct over the
LEGAL SUPPORT
SUPPORT child’s property
originates either
from the will of the Duties of Parents
obligor (as those the right to support 1. To support, educate and instruct them
given by will) or arises from, or is by right precept and good example,
from the agreement based on, the and to provide for their upbringing in
of the parties (or provisions of law keeping with their means;
those expressed in 2. To give them love and affection,
contracts) advice and counsel, companionship
the recipient and the and understanding
giver must be 3. To provide them with moral and
mutually obliged to spiritual guidance, inculcate in them
give support under honesty, integrity, self-discipline,
Articles 195 and self-reliance, industry and thrift,
stimulate their interest in civic affairs,
 and inspire in them compliance with custody. The father’s employment of trickery
the duties of citizenship; in spiriting away his son from the maternal
4. To furnish them with good and grandparents, though unjustifiable, is not a
wholesome educational materials, ground to wrest custody from him (Santos v.
supervise their activities, recreation CA, 58 SCAD 17, 242 SCRA 407)
and association with others, protect
them from bad company, and prevent JOINT PARENTAL AUTHORITY
them from acquiring habits The parents are equally bound to ensure the
detrimental to their health, studies wholesome upbringing of the children.
and morals;
5. To represent them in all matters Requisites for Illegitimate Children:
affecting their interests; 1. the father is certain; and
6. To perform such other duties as are 2. the illegitimate children are living
imposed by law upon parents and with the said father and the mother,
guardians. who are cohabiting without benefit of
marriage or under a void marriage not
falling under Articles 36 and 53.
RENUNCIATION AND TRANSFER OF
PARENTAL AUTHORITY Cases Wherein the Parental Authority is
Parental authority and responsibility are Vested to the Mother Only:
inalienable and may not be transferred or 1. where the paternity of the child is
renounced except in cases authorized by law. unknown or in doubt, and
The right attached to parental authority, being 2. where, though paternity is certain, the
purely personal, the law allows a waiver of father is not living with the mother
parental authority only in cases of adoption, and the child.
guardianship and surrender to a children’s
home or an orphan institution. When a parent Preferential Choice of the Father
entrusts the custody of a minor to another, In case of conflict between the parents, the
such as a friend or godfather, even in a decision of the father prevails. It is presumed
document, what is given is merely temporary that the decision of the father is for the
custody and it does not constitute a children’s best interest.
renunciation of parental authority. Even if a
definite renunciation is manifest, the law still Duties of Children
disallows the same. Only in the case of the Children shall always observe respect and
parent’s death, absence, or unsuitability may reverence toward their parents and are
substitute parental authority be exercised by obliged to obey them as long as the children
the surviving parents. In the case at bar, there are under parental authority.
is no proof that the father cannot support the
child at the present time. The fact that he Every child shall obey and honor his or her
failed to financially support the child for parents or guardian; respect his or her
three years is not sufficient reason to strip grandparents, old relatives, and persons
him of custody. His efforts to get the child holding substitute parental authority; exert
and take care of him may be construed as an his utmost for his or her education and
act to rectify his past misdeeds. Being a training; and cooperate with the family in all
soldier and going around the country cannot matters that make for the good of the same.
be enough reason to deprive the father of
Responsibilities of a Child Under REMARRIAGE OF PARENT
Presidential Decree No. 603 Death of one of the parents will not terminate
the parental authority of the surviving parent.
Art. 4. Responsibilities of the Child. — Every
child, regardless of the circumstances of his Remarriage does not affect the parental
birth, sex, religion, social status, political authority of the surviving parent.
antecedents and other factors shall:
1. Strive to lead an upright and virtuous The new spouse does not automatically
life in accordance with the tenets of possess parental authority unless the new
his religion, the teachings of his spouse adopts the children of the surviving
elders and mentors, and the bidding of parent.
a clean conscience;
2. Love, respect and obey his parents, SEPARATION
and cooperate with them in the Parental authority shall be given to any of the
strengthening of the family; parents who may be designated by the court
3. Extend to his brothers and sisters his in case the parents have separated from each
love, thoughtfulness, and helpfulness, other.
and endeavor with them to keep the
family harmonious and united; Note: Parental authority of the other spouse
4. Exert his utmost to develop his is not terminated.
potentialities for service, particularly
by undergoing a formal education Custody of Children
suited to his abilities, in order that he Parents are never deprived of the custody and
may become an asset to himself and care of children except for cause. This is a
to society; universal rule of all systems of law, as
5. Respect not only his elders but also beneficient to the child as it is just to the
the customs and traditions of our parent. Indeed, it might well be said to belong
people, the memory of our heroes, the to the realm of natural justice (Ibanez De
duly constituted authorities, the laws Aldecoa v. Hongkong and Shanghai Bank, 30
of our country, and the principles and Phil. 228).
institutions of democracy;
6. Participate actively in civic affairs Custody Hearings
and in the promotion of the general Rule on Custody of Minors and Writ of
welfare, always bearing in mind that Habeas Corpus in Relation to Custody of
it is the youth who will eventually be Minors (A.M. No. 03-04-04-SC)
called upon to discharge the
responsibility of leadership in Parental Preference Rule
shaping the nation’s future; The natural parents, who are of good
7. Help in the observance of individual character and who can reasonably provide for
human rights, the strengthening of the child, are ordinarily entitled to the
freedom everywhere, the fostering of custody as against all persons. The right of
cooperation among nations in the custody accorded to parents spring from the
pursuit of their common aspirations exercise of parental authority (Santos v. CA,
for programs and prosperity, and the 58 SCAD 17, 242 SCRA 407).
furtherance of world peace.
Maternal Preference
The mother is the natural custodian of her grandchildren. Visits with a grandparent are
young. often a precious part of a child’s experience
and there are benefits which devolve upon the
The law favors the mother if she is a fit and grandchild from the relationship with his
proper person to have custody of her children grandparents which he cannot derive from
so that they may not only receive her any other relationship. Neither the legislature
attention, care, supervision and kindly nor the court is blind to human truths which
advice, but also may have the advantage and grandparents and grandchildren have always
benefit of a mother’s love and devotion for known (Mimkon v. Ford, 66 N.J. 426, 332 A.
which there is no substitute. 2d 199 [1975]).

No child under seven years of age shall be

separated from the mother, unless the court FILIAL PRIVILEGE
finds compelling reasons to order otherwise. Art. 215. No descendant shall be compelled,
in a criminal case, to testify against his
Custody Granted to Others parents and grandparents, except when such
Custody may even be awarded to persons testimony is indispensable in a crime, against
who are strangers to the family if such award the descendant or by one parent against the
would best serve the paramount interest of other. (315a)
the child (Balatbat v. Balatbat, 98 Phil. 998).
Reason: To foster family unity and
No Final Custody Judgment tranquility
The custody of minor children are always
open to adjustments as the circumstances Marital Privilege
relevant to the matter may demand in the light The husband or the wife, during or after the
of the inflexible criterion, namely, the marriage, can not be examined without the
paramount interest of the children (Unson III consent of the other as to any communication
v. Navarro, 101 SCRA 189; Pablo-Gualberto received in confidence by one from the other
v. Gualberto V, G.R. No. 154994, June 28, during the marriage, except in a civil case by
2005, 461 SCRA 450). one against the other, or in a criminal case for
a crime committed by one against the other or
SUBSTITUTE PARENTAL the latter’s direct descendants or ascendants
AUTHORITY OF GRANDPARENTS (Section 24(a) of Rule 130 of the Rules of
It is a biological fact that grandparents are Court).
bound to their grandchildren by the
unbreakable links of heredity. It is common Reason: the husband and wife are considered
human experience that the concern and as but one person, and because of this unity,
interest grandparents take in the welfare of when one is excluded on the ground of
their grandchildren far exceed anything interest, the other is also excluded; and the
explicable in purely biological terms. A very courts are reluctant to sanction any rule
special relationship often arises and tending to promote domestic dissension
continues between grandparents and (Merritt v. State, 93 ALR 3d 1005).
grandchildren. The tensions and conflicts
which commonly mar relations between Exception: The spouses can testify against
parents and children are often absent between each other in a civil case by one against the
those very same parents and their other, or in a criminal case for a crime
committed by one against the other. (People 4. Abused child – can come within the
v. Francisco, 78 Phil. 694) second kind of a neglected child
5. Dependent child – one who is without
SUBSTITUTE PARENTAL a parent, guardian or custodian; or
AUTHORITY one whose parent, guardian or other
1. The surviving grandparent; custodian for good cause desires to be
2. The oldest brother or sister, over relieved of his care and custody; and
twenty-one years of age, unless unfit is dependent upon the public for
or disqualified; and support
3. The child’s actual custodian, over
twenty- ne years of age, unless unfit LIABILITY OF PERSONS
or disqualified. POSSESSING SPECIAL PARENTAL
AUTHORITY
The person exercising substitute parental Those given the authority and responsibility
authority shall have the same authority over under Art. 218 (schools, administrators,
the person of the child as the parents. individual, entity, or institution engaged in
child care) shall be principally and solidarily
UNFORTUNATE CHILDREN liable for damages casued by the acts or
1. Foundling – a newborn child omissions of the unemancipated minor;
abandoned by its parents who are parents, judicial guardians or the persons
unknown exercising substitute parental authority over
2. Abandoned child – one who has no said minor shall be subsidiarily liable.
proper parental care or guardianship,
or whose parents or guardians have Can be exercised only over minors while
deserted him for a period of a least six under their supervision, instruction or
continuous months custody.
3. Neglected child – one whose basic
needs have been deliberately Persons and entities given by law special
unattended or inadequately attended parental authority are the school, its
 Physical Neglect – the child is administrators and teachers, or the individual,
malnourished, ill clad and without entity or institution engaged in child care.
proper shelter. A child is
unattended when left by himself Special parental authority can be exercised
without provisions for his needs only over minors while under their
and/or without proper supervision supervision, instruction or custody. The
 Emotional Neglect – when authority and supervision also attach to all
children are mal- treated, raped or authorized activities whether inside or
seduced; when children are outside the school, entity or institution.
exploited, over-worked or made
to work under conditions not Defense of Persons with Special Parental
conducive to good health; or are Authority
made to beg in the streets or The liability will not apply if it is proved that
public places, or when children they exercised the proper diligence of a good
are in moral danger, or exposed to father required under special circumstances.
gambling, prostitution or other
vices PARENTAL RIGHTS AND DUTIES
 3. to supervise their activities, including
Under Article 220 of the Civil Code: recreation;
1. To keep them in their company, to 4. to inculcate in them the value of
support, educate and instruct them by industry, thrift and self-reliance;
right precept and good example, and 5. to stimulate their interest in civic
to provide for their up-bringing in affairs, teach them the duties of
keeping with their means; citizenship, and develop their
2. To give them love and affection, commitment to their country;
advice and counsel, companionship 6. to advise them properly on any matter
and understanding; affecting their development and well-
3. To provide them with moral and being;
spiritual guidance, inculcate in them 7. to always set a good example;
honesty, integrity, self-discipline, 8. to provide them with the adequate
self-reliance, industry and thrift, support as defined in the law
stimulate their interest in civic affairs, particularly the Family Code; and
and inspire in them compliance with 9. to administer their property, if any,
the duties of citizenship; according to their best interest subject
4. To enhance, protect, preserve and to the provisions of the Family Code,
maintain their physical and mental particularly Article 225.
health at all times;
5. To furnish them with good and Rights of Children
whole-some educational materials,
supervise their activities, recreation Under Art. 356 of the Civil Code:
and association with others, protect 1. is entitled to parental care;
them from bad company, and prevent 2. shall receive at least elementary
them from acquiring habits education;
detrimental to their health, studies 3. shall be given moral and civic
and morals; training by the parents or guardian;
6. To represent them in all matters and
affecting their interests; 4. has a right to live in an atmosphere
7. To demand from them respect and conducive to his physical, moral and
obedience; intellectual development.
8. To impose discipline on them as may
be required under the circumstances; Under Art. 3, P.D. No. 603 of the Child and
and Youth Welfare Code:
9. To perform such other duties as are 1. Every child is endowed with the
imposed by law upon parents and dignity and worth of a human being
guardians from the moment of his conception,
as generally accepted in medical
Under Art. 46, P.D. No. 603 of the Child and parlance, and has, therefore the rights
Youth Welfare Code: to be born well.
1. to give them affection, 2. Every child has a right to a
companionship and understanding; wholesome family life that will
2. to extend to them the benefits of provide him with love, care and
moral guidance, self-discipline and understanding, guidance and
religious instruction;
 counseling, and moral and material prejudicial to his physical, mental,
security. emotional, social and moral
The dependent or abandoned child development.
shall be provided with the nearest 9. Every child has the right to live in a
substitute for a home. community and a society that can
3. Every child has the right to a well- offer him an environment free from
rounded development of his pernicious influences and conducive
personality to the end that he may to the promotion of his health and the
become a happy, useful and active cultivation of his desirable traits and
member of society. attributes.
The gifted child shall be given 10. Every child has the right to care,
opportunity and encouragement to assistance, and protection of the State,
develop his special talents. particularly when his parents or
The emotionally disturbed or socially guardians fail or are unable to provide
maladjusted child shall be treated him with his fundamental needs for
with sympathy and understanding, growth, development and
and shall be entitled to treatment and improvement.
competent care. 11. Every child has the right to an
The physically or mentally efficient and honest government that
handicapped child shall be given the will deepen his faith in democracy
treatment, education and care and inspire him with the morality of
required by his particular condition. the constituted authorities both in
4. Every child has the right to a balanced their public and private lives.
diet, adequate clothing, sufficient 12. Every child has the right to grow up
shelter, proper medical attention, and as a free individual, in an atmosphere
all the basic physical requirements of of peace, understanding, tolerance,
a healthy and vigorous life. and universal brotherhood, and with
5. Every child has the right to be brought the determination to contribute his
up in an atmosphere of morality and share in the building of a better world.
rectitude for the enrichment and the
strengthening of his character. PRIMARY LIABILITY OF PARENTS
6. Every child has the right to an Minor children – principally and primarily
education commensurate with his liable
abilities and to the development of his Unemancipated children – solidarily liable
skills for the improvement of his
capacity for service to himself and to Condition: The unemancipated child must be
his fellowmen. living in the company of the parents and
7. Every child has the right to full under their parental authority.
opportunities for safe and wholesome
recreation and activities, individual as Exception: Parents must show that they
well as social, for the wholesome use exercised DILIGENCE OF A GOOD
of his leisure hours. FATHER OF A FAMILY.
8. Every child has the right to protection
against exploitation, improper GUARDIAN
influences, hazards, and other A guardianship is a trust relation of the most
conditions and circumstances sacred character, in which one person, called
a “guardian,” acts for another, called the of the child’s property (Pineda v. Court of
“ward,” whom the law regards as incapable Appeals, 45 SCAD 30, 226 SCRA 754).
of managing his own affairs (39 Am. Jur. 9).
OWNERSHIP
Guardians ad litem are considered officers of Properties that may be earned or acquired by
the court in a limited sense, and the office of a minor child with his work or industry or by
such guardian is to represent the interest or onerous or gratuitous title shall belong to the
the incompetent or the minor (Rivero v. Court child in ownership. It shall be primarily used
of Appeals, G.R. No. 141273, May 17, 2005, for his own welfare, support and education.
458 SCRA 714)
Note: if the child’s property is more than
Selection sufficient to maintain the said child, the said
Appointment of a guardian ad litem is properties may be used to defray the
addressed to the sound discretion of the court collective daily needs of the family.
and designed to assist the court in the
determination of the best interest of the child. Right of Usufruct Over the Child’s Property
The parents, as usufructuary, have the right to
A court cannot appoint a guardian who is not make use of the fruits and income of the
personally subject to its jurisdiction. children’s property but only for the following
purposes:
Rule on Guardianship of Minors – A.M. No. 1. for the child’s support; and
03-02-05-SC 2. for the collective daily needs of the
family.
DISCIPLINARY ACTION
Parents – have the parental duty of ALLOWANCE OF UNEMANCIPATED
undertaking measures to discipline their CHILD
children. Parents who have engaged their
unemancipated children to take care of their
Court – if the children remain incorrigible, properties shall only be entitled to the net
the court may impose drastic disciplinary fruits of the properties so managed.
measures for the child’s improvement and
which the court may provide as warranted TERMINATION OF PARENTAL
under the premises. AUTHORITY
1. Death of the parents
Note: The child is entitled to counsel so that 2. Death of the child
if the child counters that it is in fact his or her Reason: Civil personality is
parents who have been seriously mistreating extinguished by death.
him or her and this fact is proven, parental The effect of death upon the rights
authority of the parents may even be and obligations of the deceased is
suspended or terminated. determined by law, by contract and by
will.
LEGAL GUARDIAN OF MINOR’S 3. Emancipation
PROPERTY Age of majority: 18 years
Regardless of the value of the unemancipated
common child’s property, the father and Effect: Parental authority of permanently
mother ipso jure become the legal guardian terminated.
 4. Compels the child to beg
JUDICIAL TERMINATION OF 5. Acts of lasciviousness
PARENTAL AUTHORITY 6. Culpable negligence
1. Adoption – all legal ties between the
biological parent(s) and the adoptee If these grounds are present and if the degree
shall be severed and the same shall of seriousness so warrants, or the welfare of
then be vested on the adopter(s) upon the child so demands, the court shall deprive
the finality of a judicial adoption the guilty party of parental authority or adopt
decree. such other measures as may be proper under
Exception: the biological parent is the the circumstances.
spouse of the adopter
2. Guardianship The suspension or deprivation may be
3. Judicial declaration of abandonment revoked and the parental authority revived in
of the child a case filed for the purpose or in the same
Reason: neglect or refusal to perform proceeding if the court finds that the cause
the natural and legal obligations of therefor has ceased and will not be repeated.
care and support which the parents
owe to their children. SEXUAL ABUSE
4. Divestment by final court judgment – Parents who sexually abuse or allow their
if the welfare of the children child to be sexually abused shall be
demands. The decree may only be permanently deprived by court of parental
issued only upon clean, convincing, authority.
and positive proofs.
5. Judicial declaration of absence or CORPORAL PUNISHMENT
incapacity The infliction of physical disciplinary
Reason: parental authority cannot be measures to a student.
expected from an absentee or one
who is incapacitated. While a teacher may be administratively or
civilly liable in the event that he or she
SUSPENSION OF PARENTAL inflicts corporal punishment to a student, it
AUTHORITY has been held that where there was no
1. Conviction of the parent of a crime criminal intent on the part of the teacher who
which carries the penalty of civil angrily and repeatedly whipped a student
interdiction resulting in slight physical injuries to the said
Authority is reinstated upon service student and where the purpose of the teacher
of the penalty or upon pardon or was to discipline a student, the said teacher
amnesty of the offender cannot be held feloniously liable for the
2. Excessive harshness or cruelty criminal offense of slight physical injuries
3. Corrupting orders, counsel, or (Bagajo v. Marave, 86 SCRA 389).
example
Reason: It is the duty of the parents to Right of Parents to Inflict Corporal
provide the children with moral and Punishment
spiritual guidance, inculcate in them Parents and persons exercising substitute
honesty, integrity and self-discipline parental authority can inflict corporal
and stimulate them in their interest in punishment.
civil affairs.
Only persons exercising special parental
authority cannot inflict corporal punishment. KINDS OF FUNERAL
The wishes of the deceased shall be followed.
K. Emancipation (Arts. 234 and 236,
Family Code, as amended by R.A. No. Absence of expression: shall be based on
6809 which lowered the age of majority) religious beliefs or affiliation of the deceased.
Reason: Religious beliefs cater to the
EMANCIPATION spiritual and concept of death of the
Attained upon reaching the age of eighteen deceased.
(18) years
Every funeral shall be in keeping with the
Marriage – not a ground for emancipation social position of the deceased.
because of Article 35(1) of the Family Code Reason: The kind of funeral is the last
manifestation of the kind of life which the
Parental consent required for contracting deceased has attained and the law sees to it
marriage until the age of twenty-one (21) that those who will be in charge of the funeral
years arrangements will accord the right type of
respect due to the deceased.
L. Retroactivity of the Family Code (Art.
256) RESPECT FOR THE DEAD

RETROACTIVE EFFECT Art. 308. No human remains shall be re-

The provisions of the Family Code have a tained, interred, disposed of or exhumed
retrospective application without the consent of the persons mentioned
in Articles 294 and 305.
Exception:
Retrospectivity does not apply to vested Art. 309. Any person who allows disrespect
rights to the dead, or wrongfully interferes with a
funeral shall be liable to the family of the
Vested rights deceased for damages, material and moral.
Fixed, unalterable, absolute, complete and
unconditional to the exercise of which no Reason: Philippine culture and tradition give
obstacle exists, and which is perfect in itself reverence to the dead.
and not dependent upon a contingency.
LIABILITY OF CONUGAL
M. Funerals (Arts. 305-310, Civil Code) PARTNERSHIP
If the deceased is married, the law clearly
ARRANGEMENTS provides that the tombstone or mausoleum
The duty and right to make arrangements for shall be deemed a part of the funeral expenses
the funeral of a relative is devolved to: and shall be chargeable to the conjugal
1. Spouse partnership property.
2. Descendants in the nearest degree
3. Ascendants in the nearest degree N. Use of Surnames
(paternal shall have a better right) 1. Arts. 364-380, Civil Code (other articles
4. Brothers and sisters (oldest shall be not repealed by Family Code)
preferred)
LEGITIMATE AND LEGITIMATED 3. Her husband’s full name, but
CHILDREN prefixing a word indicating that she is
Legitimate children shall have the right to his wife, such as “Mrs.”
bear the surname of the father and mother
Article 370 is directory and permissive in
Legitimated children shall have the same character because when a woman gets
rights as legitimate children. married, she does not change her name but
only her civil status. Moreover, this is
ADOPTED CHILD consistent with the rule that surname
An adoptee shall be considered as a indicates descent (Remo v. Honorable
legitimate child. Secretary of Foreign Affairs, G.R. No.
169202, March 5, 2010; Yasin v. Honorable
ILLEGITIMATE CHILDREN Judge Shari’a District Court, 311 Phil 696,
As amended by R.A. No. 9255 – An Act 707)
Allowing Illegitimate Children to Use the
Surname of Their Father In Remo v. Honorable Secretary of Foreign
Affairs, G.R. No. 169202, March 5, 2010, the
Illegitimate children shall use the surname of Supreme Court ruled that, for purposes of
the mother. surnames used in the passport, a married
woman who opted to use the surname of her
Illegitimate children may use the surname of husband in her passport must continue to use
the father is their filiation has been expressly it in case of renewal. She cannot revert to
recognized by the father through record of using her maiden surname because, pursuant
birth appearing in the civil register or when to Republic Act No. 8239, the law regulating
an admission in a public document or private the issuance of passport, a married woman
handwritten document is made by the father. who used the surname of her husband in
initially obtaining a passport can change her
The father has the right to institute an action surname to her maiden surname in
before the regular courts to prove non- subsequent renewals only if the marriage
filiation during his lifetime. were annulled or nullified or the woman
obtained a valid divorce abroad. The
CONCEPTION INSIDE AN Supreme Court likewise stated that Republic
ANNULLABLE MARRIAGE Act No. 8239 is a more specific law than the
Legitimate children are those conceived or Civil Code on surnames and therefore the
born inside a valid marriage. An annullable former should prevail. It is submitted that the
marriage is valid until annulled or terminated. decision of the Supreme Court in the Remo
Hence, a child conceived inside a marriage case should have been the other way around.
prior to its annulment is legitimate. The woman should have been allowed to use
her maiden surname. This decision should
MARRIED WOMAN not have been decided from the perspective
May use either of the following: of mere statutory construction but it should
1. Her maiden first name and surname have been determined from a rights-based
and add her husband’s surname; or perspective which is more fundamental.
2. Her maiden first name and her Article 370 of the Civil Code deals with a
husband’s surname; or fundamental right to the use of a surname by
a woman. Republic Act No. 8239 merely
deals with a procedural rule that does not go 1. Add a middle name or the mother’s
into the intrinsic significance of the surname; or
importance of a surname. While it may be 2. Add the Roman numerals II, III, and
true that a passport is the property of the so on.
State, this is not enough reason to deprive its
citizen of a fundamental right which the State CHANGE OF NAME OR SURNAME
must also protect. Can be effected through the office of the local
civil registrar reviewable by the office of the
ANNULMENT Civil Registrar General, and finally the
If the wife is the guilty party, she shall resume Courts.
her maiden name and surname.
A change of name is a privilege and not a
If the wife is the innocent spouse, she may matter of right, so that before a person can be
resume her maiden name and surname. authorized to change his or her name given
either in his or her certificate or civil registry,
However, she may choose to continue he or she must show proper or reasonable
employing her former husband’s surname, cause or any compelling reason which may
unless: justify such change (Yu Chi Han v. Republic,
1. The court decrees otherwise, or 15 SCRA 454; Ng Yao Siong v. Republic, 16
2. She or the former husband is married SCRA 483)
again to another person
A change of surname is however, a matter of
LEGAL SEPARATION judicial discretion which must be exercised in
The wife shall continue using her name and the light of the reasons adduced and the
surname employed before the legal consequences that will likely follow (Yu v.
separation. Republic, 17 SCRA 253).

Reason: In legal separation, the bond of A person should not be allowed to use a
marriage is not severed. surname which otherwise he is not permitted
to employ under the law (Manuel v. Republic,
WIDOW 1 SCRA 836).
A widow can use the surname of the husband
as if he were still living in accordance with Reasons for Change of Name (Republic v.
Art. 370. Tañada, 42 SCRA 419)
1. a ridiculous name, a name tainted
IDENTITY OF NAMES with dishonor, or a name extremely
The younger person shall be obliged to use difficult to write or pronounce;
such additional name or surname as will 2. a change of civil status; and
avoid confusion. 3. a need to avoid confusion

IDENTITY OF NAMES BETWEEN The purpose of the law in allowing a change

ASCENDANTS AND DESCENDANTS of name or surname is to give a person an
Only the son can use the word Junior. opportunity to improve his or her personality
and to promote his or her best interest
Grandsons and other direct male descendants (Calderon v. Republic, 19 SCRA 721).
shall use either:
Effect of Change of Name
A change of name does not alter family O. Absence
relations, rights or duties, legal capacity, civil 1. Art. 41, Family Code
status or citizenship (Calderon v. Republic,
19 SCRA 721). EXCEPTIONS TO A SUBSEQUENT
BIGAMOUS MARRIAGE
Nature of Proceedings 1. The prior spouse of the contracting
Change of name: Section 3 up to 7 of R.A. party must have been absent for four
No. 9048 consecutive years, or two years where
there is danger of death under the
Change of surname: a judicial proceeding in circumstances stated in Article 391 of
rem the Civil Code at the time of
disappearance;
USURPATION OF NAME 2. The spouse present has a well-
Art. 377. Usurpation of a name and surname founded belief that the absent spouse
may be the subject of an action for damages is already dead; and
and other relief. 3. There is a judicial declaration of
presumptive death of the absentee for
Art. 378. The unauthorized or unlawful use of which purpose the spouse present can
another person’s surname gives a right of institute a summary proceeding in
action to the latter. court to ask for that declaration.

Elements: Judicial Declaration of Presumptive Death –

1. there is an actual use of another’s needed to contract another marriage,
name by the defendant; otherwise the subsequent marriage is void ab
2. the use is unauthorized; and initio for being a bigamous marriage.
3. the use of another’s name is to
designate personality or identify a 2. Art. 381-389, Civil Code
person
COURT APPOINTMENT
PEN NAMES OR STAGE NAMES The appointment of a representative of an
A person may use a name other than his name absentee be made by way of court order
called pen names or stage names. It must be
done in good faith and without injury to third The spouse must file an application for
persons. appointment with the courts with respect to
the properties of his or her very own absent
People using pen names and stage names can spouse (note: if there is no legal separation,
have a vested right on such names because the spouse present is preferred)
the law also provides that it cannot be
usurped. JUDICIAL DECLARATION OF
ABSENCE
2. R.A. No. 9255 (An Act Allowing Necessary for interested persons to be able to
Illegitimate Children to Use the Surname protect their rights, interests, and benefits in
of Their Father) connection with the person who has
See discussion on Illegitimate Children on disappeared
Use of Surnames
THE FOLLOWING MAY ASK FOR 4. In danger of death under other
THE DECLARATION OF ABSENCE circumstances
(Art. 385)
1. Present spouse APPEARANCE OF ABSENTEE
2. Testamentary heirs Art. 392. If the absentee appears, or without
3. Intestate heirs appearing his existence is proved, he shall
4. Interested party – those who may recover his property in the condition in which
have over the property of the absentee it may be found, and the price of any property
some right subordinated to the that may have been alienated or the property
condition of his death. acquired therewith; but he cannot claim
either fruits or rents.
Effectivity of Judicial Declaration – shall not
take effect until six (6) months after its
publication in a newspaper of general
circulation.

Note: Absence of the absentee shall be

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

PROHIBITION OF ALIENATION

Administration shall cease in the following

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

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

of Death)

ABSENCE IN ART. 390

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

PERSONS PRESUMED DEAD

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