EXECUTIVE ORDER NO.

209 before the solemnizing officer and their

personal declaration that they take each other
THE FAMILY CODE OF THE PHILIPPINES as husband and wife in the presence of not less
than two witnesses of legal age. (53a, 55a)
July 6, 1987
Art. 4. The absence of any of the essential or
I, CORAZON C. AQUINO, President of the formal requisites shall render the marriage void
Philippines, by virtue of the powers vested in ab initio, except as stated in Article 35 (2). A
me by the Constitution, do hereby order and defect in any of the essential requisites shall not
promulgate the Family Code of the Philippines, affect the validity of the marriage but the party
as follows: or parties responsible for the irregularity shall
be civilly, criminally and administratively liable.
TITLE I (n)

MARRIAGE Art. 5. Any male or female of the age of

eighteen years or upwards not under any of
the impediments mentioned in Articles 37 and
Chapter 1. Requisites of Marriage
38, may contract marriage. (54a)
Art. 1. Marriage is a special contract of
Art. 6. No prescribed form or religious rite for
permanent union between a man and a woman
the solemnization of the marriage is required. It
entered into in accordance with law for the
shall be necessary, however, for the contracting
establishment of conjugal and family life. It is
parties to appear personally before the
the foundation of the family and an inviolable
solemnizing officer and declare in the presence
social institution whose nature, consequences,
of not less than two witnesses of legal age that
and incidents are governed by law and not
they take each other as husband and wife. This
subject to stipulation, except that marriage
declaration shall be contained in the marriage
settlements may fix the property relations
certificate which shall be signed by the
during the marriage within the limits provided
contracting parties and their witnesses and
by this Code. (52a)
attested by the solemnizing officer. In case of a
marriage in articulo mortis, when the party at
Art. 2. No marriage shall be valid, unless these
the point of death is unable to sign the marriage
essential requisites are present:
certificate, it shall be sufficient for one of the
witnesses to the marriage to write the name of
(1) Legal capacity of the contracting parties who
said party, which fact shall be attested by the
must be a male and a female; and (2) Consent
solemnizing officer. (55a)
freely given in the presence of the solemnizing
officer. (53a)
Art. 7. Marriage may be solemnized by:
Art. 3. The formal requisites of marriage are:
(1) Any incumbent member of the judiciary
within the court’s jurisdiction;
(1) Authority of the solemnizing officer;
(2) Any priest, rabbi, imam, or minister of any
(2) A valid marriage license except in the cases
church or religious sect duly authorized by his
provided for in Chapter 2 of this Title; and
church or religious sect and registered with the
civil registrar general, acting within the limits of
(3) A marriage ceremony which takes place with
the written authority granted by his church or
the appearance of the contracting parties
religious sect and provided that at least one of with the proper local civil registrar which shall
the contracting parties belongs to the specify the following:
solemnizing officer’s church or religious sect;
(1) Full name of the contracting party; (2) Place
(3) Any ship captain or airplane chief only in the of birth; (3) Age and date of birth; (4) Civil
case mentioned in Article 31; status; (5) If previously married, how, when and
where the previous marriage was dissolved or
(4) Any military commander of a unit to which a annulled; (6) Present residence and citizenship;
chaplain is assigned, in the absence of the (7) Degree of relationship of the contracting
latter, during a military operation, likewise only parties; (8) Full name, residence and citizenship
in the cases mentioned in Article 32; of the father; (9) Full name, residence and
citizenship of the mother; and (10) Full name,
(5) Any consul-general, consul or vice-consul in residence and citizenship of the guardian or
the case provided in Article 10. (56a) person having charge, in case the contracting
party has neither father nor mother and is
Art. 8. The marriage shall be solemnized under the age of twenty-one years. The
publicly in the chambers of the judge or in open applicants, their parents or guardians shall not
court, in the church, chapel or temple, or in the be required to exhibit their residence
office the consul-general, consul or vice-consul, certificates in any formality in connection with
as the case may be, and not elsewhere, except the securing of the marriage license. (59a)
in cases of marriages contracted on the point of
death or in remote places in accordance with Art. 12. The local civil registrar, upon receiving
Article 29 of this Code, or where both of the such application, shall require the presentation
parties request the solemnizing officer in of the original birth certificates or, in default
writing in which case the marriage may be thereof, the baptismal certificates of the
solemnized at a house or place designated by contracting parties or copies of such documents
them in a sworn statement to that effect. (57a) duly attested by the persons having custody of
the originals. These certificates or certified
Art. 9. A marriage license shall be issued by the copies of the documents by this Article need
local civil registrar of the city or municipality not be sworn to and shall be exempt from the
where either contracting party habitually documentary stamp tax. The signature and
resides, except in marriages where no license is official title of the person issuing the certificate
required in accordance with Chapter 2 of this shall be sufficient proof of its authenticity.
Title. (58a)
If either of the contracting parties is unable to
Art. 10. Marriages between Filipino citizens produce his birth or baptismal certificate or a
abroad may be solemnized by a consul-general, certified copy of either because of the
consul or vice-consul of the Republic of the destruction or loss of the original or if it is
Philippines. The issuance of the marriage shown by an affidavit of such party or of any
license and the duties of the local civil registrar other person that such birth or baptismal
and of the solemnizing officer with regard to certificate has not yet been received though the
the celebration of marriage shall be performed same has been required of the person having
by said consular official. (75a) custody thereof at least fifteen days prior to the
date of the application, such party may furnish
Art. 11. Where a marriage license is required, in lieu thereof his current residence certificate
each of the contracting parties shall file or an instrument drawn up and sworn to before
separately a sworn application for such license the local civil registrar concerned or any public
official authorized to administer oaths. Such
instrument shall contain the sworn declaration the proper local civil registrar, or in the form of
of two witnesses of lawful age, setting forth the an affidavit made in the presence of two
full name, residence and citizenship of such witnesses and attested before any official
contracting party and of his or her parents, if authorized by law to administer oaths. The
known, and the place and date of birth of such personal manifestation shall be recorded in
party. The nearest of kin of the contracting both applications for marriage license, and the
parties shall be preferred as witnesses, or, in affidavit, if one is executed instead, shall be
their default, persons of good reputation in the attached to said applications. (61a)
province or the locality.
Art. 15. Any contracting party between the age
The presentation of birth or baptismal of twenty-one and twenty-five shall be obliged
certificate shall not be required if the parents of to ask their parents or guardian for advice upon
the contracting parties appear personally the intended marriage. If they do not obtain
before the local civil registrar concerned and such advice, or if it be unfavorable, the
swear to the correctness of the lawful age of marriage license shall not be issued till after
said parties, as stated in the application, or three months following the completion of the
when the local civil registrar shall, by merely publication of the application therefor. A sworn
looking at the applicants upon their personally statement by the contracting parties to the
appearing before him, be convinced that either effect that such advice has been sought,
or both of them have the required age. (60a) together with the written advice given, if any,
shall be attached to the application for marriage
Art. 13. In case either of the contracting parties license. Should the parents or guardian refuse
has been previously married, the applicant shall to give any advice, this fact shall be stated in
be required to furnish, instead of the birth or the sworn statement. (62a)
baptismal certificate required in the last
preceding article, the death certificate of the Art. 16. In the cases where parental consent or
deceased spouse or the judicial decree of the parental advice is needed, the party or parties
absolute divorce, or the judicial decree of concerned shall, in addition to the requirements
annulment or declaration of nullity of his or her of the preceding articles, attach a certificate
previous marriage. issued by a priest, imam or minister authorized
to solemnize marriage under Article 7 of this
In case the death certificate cannot be secured, Code or a marriage counselor duly accredited
the party shall make an affidavit setting forth by the proper government agency to the effect
this circumstance and his or her actual civil that the contracting parties have undergone
status and the name and date of death of the marriage counseling. Failure to attach said
deceased spouse. (61a) certificates of marriage counseling shall
suspend the issuance of the marriage license for
Art. 14. In case either or both of the contracting a period of three months from the completion
parties, not having been emancipated by a of the publication of the application. Issuance of
previous marriage, are between the ages of the marriage license within the prohibited
eighteen and twenty-one, they shall, in addition period shall subject the issuing officer to
to the requirements of the preceding articles, administrative sanctions but shall not affect the
exhibit to the local civil registrar, the consent to validity of the marriage.
their marriage of their father, mother, surviving
parent or guardian, or persons having legal Should only one of the contracting parties need
charge of them, in the order mentioned. Such parental consent or parental advice, the other
consent shall be manifested in writing by the party must be present at the counseling
interested party, who personally appears before referred to in the preceding paragraph. (n)
Art. 17. The local civil registrar shall prepare a Art. 21. When either or both of the contracting
notice which shall contain the full names and parties are citizens of a foreign country, it shall
residences of the applicants for a marriage be necessary for them before a marriage license
license and other data given in the applications. can be obtained, to submit a certificate of legal
The notice shall be posted for ten consecutive capacity to contract marriage, issued by their
days on a bulletin board outside the office of respective diplomatic or consular officials.
the local civil registrar located in conspicuous
place within the building and accessible to the Stateless persons or refugees from other
general public. This notice shall request all countries shall, in lieu of the certificate of legal
persons having knowledge of any impediment capacity herein required, submit an affidavit
to the marriage to advise the local civil registrar stating the circumstances showing such capacity
thereof. The marriage license shall be issued to contract marriage. (66a)
after the completion of the period of
publication. (63a) Art. 22. The marriage certificate, in which the
parties shall declare that they take each other
Art. 18. In case of any impediment known to the as husband and wife, shall also state:
local civil registrar or brought to his attention,
he shall note down the particulars thereof and (1) The full name, sex and age of each
his findings thereon in the application for contracting party; (2) Their citizenship, religion
marriage license, but shall nonetheless issue and habitual residence; (3) The date and precise
said license after the completion of the period time of the celebration of the marriage; (4) That
of publication, unless ordered otherwise by a the proper marriage license has been issued
competent court at his own instance or that of according to law, except in marriage provided
any interest party. No filing fee shall be charged for in Chapter 2 of this Title; (5) That either or
for the petition nor a corresponding bond both of the contracting parties have secured the
required for the issuances of the order. (64a) parental consent in appropriate cases; (6) That
either or both of the contracting parties have
Art. 19. The local civil registrar shall require the complied with the legal requirement regarding
payment of the fees prescribed by law or parental advice in appropriate cases; and (7)
regulations before the issuance of the marriage That the parties have entered into marriage
license. No other sum shall be collected in the settlement, if any, attaching a copy thereof.
nature of a fee or tax of any kind for the (67a)
issuance of said license. It shall, however, be
issued free of charge to indigent parties, that is Art. 23. It shall be the duty of the person
those who have no visible means of income or solemnizing the marriage to furnish either of
whose income is insufficient for their the contracting parties the original of the
subsistence a fact established by their affidavit, marriage certificate referred to in Article 6 and
or by their oath before the local civil registrar. to send the duplicate and triplicate copies of
(65a) the certificate not later than fifteen days after
the marriage, to the local civil registrar of the
Art. 20. The license shall be valid in any part of place where the marriage was solemnized.
the Philippines for a period of one hundred Proper receipts shall be issued by the local civil
twenty days from the date of issue, and shall be registrar to the solemnizing officer transmitting
deemed automatically canceled at the copies of the marriage certificate. The
expiration of the said period if the contracting solemnizing officer shall retain in his file the
parties have not made use of it. The expiry date quadruplicate copy of the marriage certificate,
shall be stamped in bold characters on the face the copy of the marriage certificate, the original
of every license issued. (65a) of the marriage license and, in proper cases, the
affidavit of the contracting party regarding the to enable such party to appear personally
solemnization of the marriage in place other before the local civil registrar, the marriage may
than those mentioned in Article 8. (68a) be solemnized without necessity of a marriage
license. (72a)
Art. 24. It shall be the duty of the local civil
registrar to prepare the documents required by Art. 29. In the cases provided for in the two
this Title, and to administer oaths to all preceding articles, the solemnizing officer shall
interested parties without any charge in both state in an affidavit executed before the local
cases. The documents and affidavits filed in civil registrar or any other person legally
connection with applications for marriage authorized to administer oaths that the
licenses shall be exempt from documentary marriage was performed in articulo mortis or
stamp tax. (n) that the residence of either party, specifying the
barrio or barangay, is so located that there is no
Art. 25. The local civil registrar concerned shall means of transportation to enable such party to
enter all applications for marriage licenses filed appear personally before the local civil registrar
with him in a registry book strictly in the order and that the officer took the necessary steps to
in which the same are received. He shall record ascertain the ages and relationship of the
in said book the names of the applicants, the contracting parties and the absence of legal
date on which the marriage license was issued, impediment to the marriage. (72a)
and such other data as may be necessary. (n)
Art. 30. The original of the affidavit required in
Art. 26. All marriages solemnized outside the the last preceding article, together with the
Philippines, in accordance with the laws in force legible copy of the marriage contract, shall be
in the country where they were solemnized, sent by the person solemnizing the marriage to
and valid there as such, shall also be valid in this the local civil registrar of the municipality where
country, except those prohibited under Articles it was performed within the period of thirty
35 (1), (4), (5) and (6), 3637 and 38. (17a) days after the performance of the marriage.
(75a)
Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and a Art. 31. A marriage in articulo mortis between
divorce is thereafter validly obtained abroad by passengers or crew members may also be
the alien spouse capacitating him or her to solemnized by a ship captain or by an airplane
remarry, the Filipino spouse shall have capacity pilot not only while the ship is at sea or the
to remarry under Philippine law. (As amended plane is in flight, but also during stopovers at
by Executive Order 227) ports of call. (74a)

Chapter 2. Marriages Exempted from License Art. 32. A military commander of a unit, who is
Requirement a commissioned officer, shall likewise have
authority to solemnize marriages in articulo
Art. 27. In case either or both of the contracting mortis between persons within the zone of
parties are at the point of death, the marriage military operation, whether members of the
may be solemnized without necessity of a armed forces or civilians. (74a)
marriage license and shall remain valid even if
the ailing party subsequently survives. (72a) Art. 33. Marriages among Muslims or among
members of the ethnic cultural communities
Art. 28. If the residence of either party is so may be performed validly without the necessity
located that there is no means of transportation of marriage license, provided they are
solemnized in accordance with their customs, whether relationship between the parties be
rites or practices. (78a) legitimate or illegitimate:

Art. 34. No license shall be necessary for the (1) Between ascendants and descendants of any
marriage of a man and a woman who have lived degree; and (2) Between brothers and sisters,
together as husband and wife for at least five whether of the full or half blood. (81a)
years and without any legal impediment to
marry each other. The contracting parties shall Art. 38. The following marriages shall be void
state the foregoing facts in an affidavit before from the beginning for reasons of public policy:
any person authorized by law to administer
oaths. The solemnizing officer shall also state (1) Between collateral blood relatives whether
under oath that he ascertained the legitimate or illegitimate, up to the fourth civil
qualifications of the contracting parties are degree;
found no legal impediment to the marriage.
(76a) (2) Between step-parents and step-children;

Chapter 3. Void and Voidable Marriages (3) Between parents-in-law and children-in-law;

Art. 35. The following marriages shall be void (4) Between the adopting parent and the
from the beginning: adopted child;

(1) Those contracted by any party below (5) Between the surviving spouse of the
eighteen years of age even with the consent of adopting parent and the adopted child;
parents or guardians; (2) Those solemnized by
any person not legally authorized to perform (6) Between the surviving spouse of the
marriages unless such marriages were adopted child and the adopter;
contracted with either or both parties believing
in good faith that the solemnizing officer had (7) Between an adopted child and a legitimate
the legal authority to do so; (3) Those child of the adopter;
solemnized without license, except those
covered the preceding Chapter; (4) Those (8) Between adopted children of the same
bigamous or polygamous marriages not failing adopter; and
under Article 41; (5) Those contracted through
mistake of one contracting party as to the (9) Between parties where one, with the
identity of the other; and (6) Those subsequent intention to marry the other, killed that other
marriages that are void under Article 53. person’s spouse, or his or her own spouse. (82)

Art. 36. A marriage contracted by any party Art. 39. The action or defense for the
who, at the time of the celebration, was declaration of absolute nullity of a marriage
psychologically incapacitated to comply with shall not prescribe. (As amended by Executive
the essential marital obligations of marriage, Order 227 and Republic Act No. 8533; The
shall likewise be void even if such incapacity phrase “However, in case of marriage
becomes manifest only after its solemnization. celebrated before the effectivity of this Code
(As amended by Executive Order 227) and falling under Article 36, such action or
defense shall prescribe in ten years after this
Art. 37. Marriages between the following are Code shall taken effect” has been deleted by
incestuous and void from the beginning,
Republic Act No. 8533 [Approved February 23, Art. 43. The termination of the subsequent
1998]). marriage referred to in the preceding Article
shall produce the following effects:
Art. 40. The absolute nullity of a previous
marriage may be invoked for purposes of (1) The children of the subsequent marriage
remarriage on the basis solely of a final conceived prior to its termination shall be
judgment declaring such previous marriage considered legitimate; (2) The absolute
void. (n) community of property or the conjugal
partnership, as the case may be, shall be
Art. 41. A marriage contracted by any person dissolved and liquidated, but if either spouse
during subsistence of a previous marriage shall contracted said marriage in bad faith, his or her
be null and void, unless before the celebration share of the net profits of the community
of the subsequent marriage, the prior spouse property or conjugal partnership property shall
had been absent for four consecutive years and be forfeited in favor of the common children or,
the spouse present has a well-founded belief if there are none, the children of the guilty
that the absent spouse was already dead. In spouse by a previous marriage or in default of
case of disappearance where there is danger of children, the innocent spouse; (3) Donations by
death under the circumstances set forth in the reason of marriage shall remain valid, except
provisions of Article 391 of the Civil Code, an that if the donee contracted the marriage in
absence of only two years shall be sufficient. bad faith, such donations made to said donee
are revoked by operation of law; (4) The
For the purpose of contracting the subsequent innocent spouse may revoke the designation of
marriage under the preceding paragraph the the other spouse who acted in bad faith as
spouse present must institute a summary beneficiary in any insurance policy, even if such
proceeding as provided in this Code for the designation be stipulated as irrevocable; and (5)
declaration of presumptive death of the The spouse who contracted the subsequent
absentee, without prejudice to the effect of marriage in bad faith shall be disqualified to
reappearance of the absent spouse. (83a) inherit from the innocent spouse by testate and
intestate succession. (n)
Art. 42. The subsequent marriage referred to in
the preceding Article shall be automatically Art. 44. If both spouses of the subsequent
terminated by the recording of the affidavit of marriage acted in bad faith, said marriage shall
reappearance of the absent spouse, unless be void ab initio and all donations by reason of
there is a judgment annulling the previous marriage and testamentary dispositions made
marriage or declaring it void ab initio. by one in favor of the other are revoked by
operation of law. (n)
A sworn statement of the fact and
circumstances of reappearance shall be Art. 45. A marriage may be annulled for any of
recorded in the civil registry of the residence of the following causes, existing at the time of the
the parties to the subsequent marriage at the marriage:
instance of any interested person, with due
notice to the spouses of the subsequent (1) That the party in whose behalf it is sought to
marriage and without prejudice to the fact of have the marriage annulled was eighteen years
reappearance being judicially determined in of age or over but below twenty-one, and the
case such fact is disputed. (n) marriage was solemnized without the consent
of the parents, guardian or person having
substitute parental authority over the party, in
that order, unless after attaining the age of
twenty-one, such party freely cohabited with existing at the time of the marriage. No other
the other and both lived together as husband misrepresentation or deceit as to character,
and wife; health, rank, fortune or chastity shall constitute
such fraud as will give grounds for action for the
2) That either party was of unsound mind, annulment of marriage. (86a)
unless such party after coming to reason, freely
cohabited with the other as husband and wife; Art. 47. The action for annulment of marriage
must be filed by the following persons and
(3) That the consent of either party was within the periods indicated herein:
obtained by fraud, unless such party
afterwards, with full knowledge of the facts (1) For causes mentioned in number 1 of Article
constituting the fraud, freely cohabited with the 45 by the party whose parent or guardian did
other as husband and wife; not give his or her consent, within five years
after attaining the age of twenty-one, or by the
(4) That the consent of either party was parent or guardian or person having legal
obtained by force, intimidation or undue charge of the minor, at any time before such
influence, unless the same having disappeared party has reached the age of twenty-one;
or ceased, such party thereafter freely
cohabited with the other as husband and wife; (2) For causes mentioned in number 2 of Article
45, by the same spouse, who had no knowledge
(5) That either party was physically incapable of the other’s insanity; or by any relative or
of consummating the marriage with the other, guardian or person having legal charge of the
and such incapacity continues and appears to insane, at any time before the death of either
be incurable; or party, or by the insane spouse during a lucid
interval or after regaining sanity;
(6) That either party was afflicted with a
sexually-transmissible disease found to be (3) For causes mentioned in number 3 of Article
serious and appears to be incurable. (85a) 45, by the injured party, within five years after
the discovery of the fraud;
Art. 46. Any of the following circumstances shall
constitute fraud referred to in Number 3 of the (4) For causes mentioned in number 4 of Article
preceding Article: 45, by the injured party, within five years from
the time the force, intimidation or undue
(1) Non-disclosure of a previous conviction by influence disappeared or ceased;
final judgment of the other party of a crime
involving moral turpitude; (5) For causes mentioned in number 5 and 6 of
Article 45, by the injured party, within five years
(2) Concealment by the wife of the fact that at after the marriage. (87a)
the time of the marriage, she was pregnant by
a man other than her husband; Art. 48. In all cases of annulment or declaration
of absolute nullity of marriage, the Court shall
(3) Concealment of sexually transmissible order the prosecuting attorney or fiscal
disease, regardless of its nature, existing at the assigned to it to appear on behalf of the State
time of the marriage; or to take steps to prevent collusion between the
parties and to take care that evidence is not
(4) Concealment of drug addiction, habitual fabricated or suppressed.
alcoholism or homosexuality or lesbianism
In the cases referred to in the preceding by mutual agreement judicially approved, had
paragraph, no judgment shall be based upon a already provided for such matters.
stipulation of facts or confession of judgment.
(88a) The children or their guardian or the trustee of
their property may ask for the enforcement of
Art. 49. During the pendency of the action and the judgment.
in the absence of adequate provisions in a
written agreement between the spouses, the The delivery of the presumptive legitimes
Court shall provide for the support of the herein prescribed shall in no way prejudice the
spouses and the custody and support of their ultimate successional rights of the children
common children. The Court shall give accruing upon the death of either of both of the
paramount consideration to the moral and parents; but the value of the properties already
material welfare of said children and their received under the decree of annulment or
choice of the parent with whom they wish to absolute nullity shall be considered as advances
remain as provided to in Title IX. It shall also on their legitime. (n)
provide for appropriate visitation rights of the
other parent. (n) Art. 52. The judgment of annulment or of
absolute nullity of the marriage, the partition
Art. 50. The effects provided for by paragraphs and distribution of the properties of the
(2), (3), (4) and (5) of Article 43 and by Article 44 spouses and the delivery of the children’s
shall also apply in the proper cases to marriages presumptive legitimes shall be recorded in the
which are declared ab initio or annulled by final appropriate civil registry and registries of
judgment under Articles 40 and 45. property; otherwise, the same shall not affect
third persons. (n)
The final judgment in such cases shall provide
for the liquidation, partition and distribution of Art. 53. Either of the former spouses may marry
the properties of the spouses, the custody and again after compliance with the requirements
support of the common children, and the of the immediately preceding Article;
delivery of third presumptive legitimes, unless otherwise, the subsequent marriage shall be
such matters had been adjudicated in previous null and void.
judicial proceedings.
Art. 54. Children conceived or born before the
All creditors of the spouses as well as of the judgment of annulment or absolute nullity of
absolute community or the conjugal the marriage under Article 36 has become final
partnership shall be notified of the proceedings and executory shall be considered legitimate.
for liquidation. Children conceived or born of the subsequent
marriage under Article 53 shall likewise be
In the partition, the conjugal dwelling and the legitimate.
lot on which it is situated, shall be adjudicated
in accordance with the provisions of Articles TITLE II
102 and 129.
LEGAL SEPARATION
Art. 51. In said partition, the value of the
presumptive legitimes of all common children, Art. 55. A petition for legal separation may be
computed as of the date of the final judgment filed on any of the following grounds:
of the trial court, shall be delivered in cash,
property or sound securities, unless the parties,
(1) Repeated physical violence or grossly Art. 59. No legal separation may be decreed
abusive conduct directed against the petitioner, unless the Court has taken steps toward the
a common child, or a child of the petitioner; (2) reconciliation of the spouses and is fully
Physical violence or moral pressure to compel satisfied, despite such efforts, that
the petitioner to change religious or political reconciliation is highly improbable. (n)
affiliation; (3) Attempt of respondent to
corrupt or induce the petitioner, a common Art. 60. No decree of legal separation shall be
child, or a child of the petitioner, to engage in based upon a stipulation of facts or a confession
prostitution, or connivance in such corruption of judgment.
or inducement; (4) Final judgment sentencing
the respondent to imprisonment of more than In any case, the Court shall order the
six years, even if pardoned; (5) Drug addiction prosecuting attorney or fiscal assigned to it to
or habitual alcoholism of the respondent; (6) take steps to prevent collusion between the
Lesbianism or homosexuality of the parties and to take care that the evidence is not
respondent; (7) Contracting by the respondent fabricated or suppressed. (101a)
of a subsequent bigamous marriage, whether
in the Philippines or abroad; (8) Sexual Art. 61. After the filing of the petition for legal
infidelity or perversion; (9) Attempt by the separation, the spouses shall be entitled to live
respondent against the life of the petitioner; or separately from each other.
(10) Abandonment of petitioner by respondent
without justifiable cause for more than one The court, in the absence of a written
year. For purposes of this Article, the term agreement between the spouses, shall
“child” shall include a child by nature or by designate either of them or a third person to
adoption. (9a) administer the absolute community or conjugal
partnership property. The administrator
Art. 56. The petition for legal separation shall be appointed by the court shall have the same
denied on any of the following grounds: powers and duties as those of a guardian under
the Rules of Court. (104a)
(1) Where the aggrieved party has condoned
the offense or act complained of; (2) Where the Art. 62. During the pendency of the action for
aggrieved party has consented to the legal separation, the provisions of Article 49
commission of the offense or act complained of; shall likewise apply to the support of the
(3) Where there is connivance between the spouses and the custody and support of the
parties in the commission of the offense or act common children. (105a)
constituting the ground for legal separation; (4)
Where both parties have given ground for legal Art. 63. The decree of legal separation shall
separation; (5) Where there is collusion have the following effects:
between the parties to obtain decree of legal
separation; or (6) Where the action is barred by (1) The spouses shall be entitled to live
prescription. (100a) separately from each other, but the marriage
bonds shall not be severed; (2) The absolute
Art. 57. An action for legal separation shall be community or the conjugal partnership shall be
filed within five years from the time of the dissolved and liquidated but the offending
occurrence of the cause. (102) spouse shall have no right to any share of the
net profits earned by the absolute community
Art. 58. An action for legal separation shall in no or the conjugal partnership, which shall be
case be tried before six months shall have forfeited in accordance with the provisions of
elapsed since the filing of the petition. (103)
Article 43(2); (3) The custody of the minor already effected shall subsist, unless the
children shall be awarded to the innocent spouses agree to revive their former property
spouse, subject to the provisions of Article 213 regime.
of this Code; and (4) The offending spouse shall
be disqualified from inheriting from the The court’s order containing the foregoing shall
innocent spouse by intestate succession. be recorded in the proper civil registries. (108a)
Moreover, provisions in favor of the offending
spouse made in the will of the innocent spouse Art. 67. The agreement to revive the former
shall be revoked by operation of law. (106a) property regime referred to in the preceding
Article shall be executed under oath and shall
Art. 64. After the finality of the decree of legal specify:
separation, the innocent spouse may revoke the
donations made by him or by her in favor of the (1) The properties to be contributed anew to
offending spouse, as well as the designation of the restored regime;
the latter as beneficiary in any insurance policy,
even if such designation be stipulated as (2) Those to be retained as separated properties
irrevocable. The revocation of the donations of each spouse; and
shall be recorded in the registries of property in
the places where the properties are located. (3) The names of all their known creditors, their
Alienations, liens and encumbrances registered addresses and the amounts owing to each. The
in good faith before the recording of the agreement of revival and the motion for its
complaint for revocation in the registries of approval shall be filed with the court in the
property shall be respected. The revocation of same proceeding for legal separation, with
or change in the designation of the insurance copies of both furnished to the creditors named
beneficiary shall take effect upon written therein. After due hearing, the court shall, in its
notification thereof to the insured. order, take measure to protect the interest of
creditors and such order shall be recorded in
The action to revoke the donation under this the proper registries of properties.
Article must be brought within five years from
the time the decree of legal separation become The recording of the ordering in the registries of
final. (107a) property shall not prejudice any creditor not
listed or not notified, unless the debtor-spouse
Art. 65. If the spouses should reconcile, a has sufficient separate properties to satisfy the
corresponding joint manifestation under oath creditor’s claim. (195a, 108a)
duly signed by them shall be filed with the court
in the same proceeding for legal separation. (n) TITLE III
Art. 66. The reconciliation referred to in the
preceding Articles shall have the following RIGHTSAND OBLIGATIONS BETWEEN
consequences: HUSBAND AND WIFE

(1) The legal separation proceedings, if still Art. 68. The husband and wife are obliged to
pending, shall thereby be terminated at live together, observe mutual love, respect and
whatever stage; and fidelity, and render mutual help and support.
(109a)
(2) The final decree of legal separation shall be
set aside, but the separation of property and
any forfeiture of the share of the guilty spouse
Art. 69. The husband and wife shall fix the accrued prior to the objection, the resulting
family domicile. In case of disagreement, the obligation shall be enforced against the
court shall decide. separate property of the spouse who has not
obtained consent.
The court may exempt one spouse from living
with the other if the latter should live abroad or The foregoing provisions shall not prejudice the
there are other valid and compelling reasons for rights of creditors who acted in good faith.
the exemption. However, such exemption shall (117a)
not apply if the same is not compatible with the
solidarity of the family. (110a) TITLE IV

Art. 70. The spouses are jointly responsible for PROPERTY RELATIONS BETWEEN HUSBAND
the support of the family. The expenses for such AND WIFE
support and other conjugal obligations shall be
paid from the community property and, in the Chapter 1. General Provisions
absence thereof, from the income or fruits of
their separate properties. In case of Art. 74. The property relationship between
insufficiency or absence of said income or fruits, husband and wife shall be governed in the
such obligations shall be satisfied from the following order:
separate properties. (111a)
(1) By marriage settlements executed before
Art. 71. The management of the household shall the marriage; (2) By the provisions of this Code;
be the right and the duty of both spouses. The and (3) By the local custom. (118)
expenses for such management shall be paid in
accordance with the provisions of Article 70. Art. 75. The future spouses may, in the marriage
(115a) settlements, agree upon the regime of absolute
community, conjugal partnership of gains,
Art. 72. When one of the spouses neglects his or complete separation of property, or any other
her duties to the conjugal union or commits regime. In the absence of a marriage
acts which tend to bring danger, dishonor or settlement, or when the regime agreed upon is
injury to the other or to the family, the void, the system of absolute community of
aggrieved party may apply to the court for property as established in this Code shall
relief. (116a) govern. (119a)

Art. 73. Either spouse may exercise any Art. 76. In order that any modification in the
legitimate profession, occupation, business or marriage settlements may be valid, it must be
activity without the consent of the other. The made before the celebration of the marriage,
latter may object only on valid, serious, and subject to the provisions of Articles 66, 67, 128,
moral grounds. 135 and 136. (121)

In case of disagreement, the court shall decide Art. 77. The marriage settlements and any
whether or not: modification thereof shall be in writing, signed
by the parties and executed before the
(1) The objection is proper; and celebration of the marriage. They shall not
prejudice third persons unless they are
(2) Benefit has occurred to the family prior to registered in the local civil registry where the
the objection or thereafter. If the benefit
marriage contract is recorded as well as in the Chapter 2. Donations by Reason of Marriage
proper registries of properties. (122a)
Art. 82. Donations by reason of marriage are
Art. 78. A minor who according to law may those which are made before its celebration, in
contract marriage may also execute his or her consideration of the same, and in favor of one
marriage settlements, but they shall be valid or both of the future spouses. (126)
only if the persons designated in Article 14 to
give consent to the marriage are made parties Art. 83. These donations are governed by the
to the agreement, subject to the provisions of rules on ordinary donations established in Title
Title IX of this Code. (120a) III of Book III of the Civil Code, insofar as they
are not modified by the following articles.
Art. 79. For the validity of any marriage (127a)
settlement executed by a person upon whom a
sentence of civil interdiction has been Art. 84. If the future spouses agree upon a
pronounced or who is subject to any other regime other than the absolute community of
disability, it shall be indispensable for the property, they cannot donate to each other in
guardian appointed by a competent court to be their marriage settlements more than one-fifth
made a party thereto. (123a) of their present property. Any excess shall be
considered void.
Art. 80. In the absence of a contrary stipulation
in a marriage settlement, the property relations Donations of future property shall be governed
of the spouses shall be governed by Philippine by the provisions on testamentary succession
laws, regardless of the place of the celebration and the formalities of wills. (130a)
of the marriage and their residence.
Art. 85. Donations by reason of marriage of
This rule shall not apply: property subject to encumbrances shall be
valid. In case of foreclosure of the encumbrance
(1) Where both spouses are aliens; (2) With and the property is sold for less than the total
respect to the extrinsic validity of contracts amount of the obligation secured, the donee
affecting property not situated in the shall not be liable for the deficiency. If the
Philippines and executed in the country where property is sold for more than the total amount
the property is located; and (3) With respect to of said obligation, the donee shall be entitled to
the extrinsic validity of contracts entered into in the excess. (131a)
the Philippines but affecting property situated
in a foreign country whose laws require Art. 86. A donation by reason of marriage may
different formalities for its extrinsic validity. be revoked by the donor in the following cases:
(124a)
(1) If the marriage is not celebrated or judicially
Art. 81. Everything stipulated in the settlements declared void ab initio except donations made
or contracts referred to in the preceding articles in the marriage settlements, which shall be
in consideration of a future marriage, including governed by Article 81; (2) When the marriage
donations between the prospective spouses takes place without the consent of the parents
made therein, shall be rendered void if the or guardian, as required by law; (3) When the
marriage does not take place. However, marriage is annulled, and the donee acted in
stipulations that do not depend upon the bad faith; (4) Upon legal separation, the donee
celebration of the marriages shall be valid. being the guilty spouse; (5) If it is with a
(125a) resolutory condition and the condition is
complied with; (6) When the donee has Art. 91. Unless otherwise provided in this
committed an act of ingratitude as specified by Chapter or in the marriage settlements, the
the provisions of the Civil Code on donations in community property shall consist of all the
general. (132a) property owned by the spouses at the time of
the celebration of the marriage or acquired
Art. 87. Every donation or grant of gratuitous thereafter. (197a)
advantage, direct or indirect, between the
spouses during the marriage shall be void, Art. 92. The following shall be excluded from
except moderate gifts which the spouses may the community property:
give each other on the occasion of any family
rejoicing. The prohibition shall also apply to (1) Property acquired during the marriage by
persons living together as husband and wife gratuitous title by either spouse, and the fruits
without a valid marriage. (133a) as well as the income thereof, if any, unless it is
expressly provided by the donor, testator or
Chapter 3. System of Absolute Community grantor that they shall form part of the
community property;
Section 1. General Provisions
(2) Property for personal and exclusive use of
Art. 88. The absolute community of property either spouse. However, jewelry shall form part
between spouses shall commence at the precise of the community property;
moment that the marriage is celebrated. Any
stipulation, express or implied, for the (3) Property acquired before the marriage by
commencement of the community regime at either spouse who has legitimate descendants
any other time shall be void. (145a) by a former marriage, and the fruits as well as
the income, if any, of such property. (201a)
Art. 89. No waiver of rights, shares and effects
of the absolute community of property during Art. 93. Property acquired during the marriage
the marriage can be made except in case of is presumed to belong to the community, unless
judicial separation of property. it is proved that it is one of those excluded
there from. (160)
When the waiver takes place upon a judicial
separation of property, or after the marriage Section 3. Charges and Obligations of the
has been dissolved or annulled, the same shall Absolute Community
appear in a public instrument and shall be
recorded as provided in Article 77. The creditors Art. 94. The absolute community of property
of the spouse who made such waiver may shall be liable for:
petition the court to rescind the waiver to the
extent of the amount sufficient to cover the (1) The support of the spouses, their common
amount of their credits. (146a) children, and legitimate children of either
spouse; however, the support of illegitimate
Art. 90. The provisions on co-ownership shall children shall be governed by the provisions of
apply to the absolute community of property this Code on Support; (2) All debts and
between the spouses in all matters not obligations contracted during the marriage by
provided for in this Chapter. (n) the designated administrator-spouse for the
benefit of the community, or by both spouses,
Section 2. What Constitutes Community or by one spouse with the consent of the other;
Property (3) Debts and obligations contracted by either
spouse without the consent of the other to the Section 4. Ownership, Administrative,
extent that the family may have been Enjoyment and Disposition of the Community
benefited; (4) All taxes, liens, charges and Property
expenses, including major or minor repairs,
upon the community property; (5) All taxes and Art. 96. The administration and enjoyment of
expenses for mere preservation made during the community property shall belong to both
marriage upon the separate property of either spouses jointly. In case of disagreement, the
spouse used by the family; (6) Expenses to husband’s decision shall prevail, subject to
enable either spouse to commence or complete recourse to the court by the wife for proper
a professional or vocational course, or other remedy, which must be availed of within five
activity for self-improvement; (7) Ante-nuptial years from the date of the contract
debts of either spouse insofar as they have implementing such decision.
redounded to the benefit of the family; (8) The
value of what is donated or promised by both In the event that one spouse is incapacitated or
spouses in favor of their common legitimate otherwise unable to participate in the
children for the exclusive purpose of administration of the common properties, the
commencing or completing a professional or other spouse may assume sole powers of
vocational course or other activity for self- administration. These powers do not include
improvement; (9) Ante-nuptial debts of either disposition or encumbrance without authority
spouse other than those falling under of the court or the written consent of the other
paragraph (7) of this Article, the support of spouse. In the absence of such authority or
illegitimate children of either spouse, and consent, the disposition or encumbrance shall
liabilities incurred by either spouse by reason of be void. However, the transaction shall be
a crime or a quasi-delict, in case of absence or construed as a continuing offer on the part of
insufficiency of the exclusive property of the the consenting spouse and the third person,
debtor-spouse, the payment of which shall be and may be perfected as a binding contract
considered as advances to be deducted from upon the acceptance by the other spouse or
the share of the debtor-spouse upon liquidation authorization by the court before the offer is
of the community; and (10) Expenses of withdrawn by either or both offerors. (206a)
litigation between the spouses unless the suit is
found to be groundless. Art. 97. Either spouse may dispose by will of his
or her interest in the community property. (n)
If the community property is insufficient to
cover the foregoing liabilities, except those Art. 98. Neither spouse may donate any
falling under paragraph (9), the spouses shall be community property without the consent of the
solidarily liable for the unpaid balance with other. However, either spouse may, without the
their separate properties. (161a, 162a, 163a, consent of the other, make moderate donations
202a-205a) from the community property for charity or on
occasions of family rejoicing or family distress.
Art. 95. Whatever may be lost during the (n)
marriage in any game of chance, betting,
sweepstakes, or any other kind of gambling, Section 5. Dissolution of Absolute Community
whether permitted or prohibited by law, shall Regime
be borne by the loser and shall not be charged
to the community but any winnings therefrom Art. 99. The absolute community terminates:
shall form part of the community property.
(164a)
(1) Upon the death of either spouse; (2) When to have no intention of returning to the
there is a decree of legal separation; (3) When conjugal dwelling. (178a)
the marriage is annulled or declared void; or (4)
In case of judicial separation of property during Section 6. Liquidation of the Absolute
the marriage under Articles 134 to 138. (175a) Community Assets and Liabilities

Art. 100. The separation in fact between Art. 102. Upon dissolution of the absolute
husband and wife shall not affect the regime of community regime, the following procedure
absolute community except that: shall apply:

(1) The spouse who leaves the conjugal home or (1) An inventory shall be prepared, listing
refuses to live therein, without just cause, shall separately all the properties of the absolute
not have the right to be supported; (2) When community and the exclusive properties of each
the consent of one spouse to any transaction of spouse. (2) The debts and obligations of the
the other is required by law, judicial absolute community shall be paid out of its
authorization shall be obtained in a summary assets. In case of insufficiency of said assets, the
proceeding; (3) In the absence of sufficient spouses shall be solidarily liable for the unpaid
community property, the separate property of balance with their separate properties in
both spouses shall be solidarily liable for the accordance with the provisions of the second
support of the family. The spouse present shall, paragraph of Article 94. (3) Whatever remains
upon proper petition in a summary proceeding, of the exclusive properties of the spouses shall
be given judicial authority to administer or thereafter be delivered to each of them. (4) The
encumber any specific separate property of the net remainder of the properties of the absolute
other spouse and use the fruits or proceeds community shall constitute its net assets, which
thereof to satisfy the latter’s share. (178a) shall be divided equally between husband and
wife, unless a different proportion or division
Art. 101. If a spouse without just cause was agreed upon in the marriage settlements,
abandons the other or fails to comply with his or unless there has been a voluntary waiver of
or her obligations to the family, the aggrieved such share provided in this Code. For purpose of
spouse may petition the court for receivership, computing the net profits subject to forfeiture
for judicial separation of property or for in accordance with Articles 43, No. (2) and 63,
authority to be the sole administrator of the No. (2), the said profits shall be the increase in
absolute community, subject to such value between the market value of the
precautionary conditions as the court may community property at the time of the
impose. celebration of the marriage and the market
value at the time of its dissolution. (5) The
The obligations to the family mentioned in the presumptive legitimes of the common children
preceding paragraph refer to marital, parental shall be delivered upon partition, in accordance
or property relations. with Article 51. (6) Unless otherwise agreed
upon by the parties, in the partition of the
A spouse is deemed to have abandoned the properties, the conjugal dwelling and the lot on
other when he or she has left the conjugal which it is situated shall be adjudicated to the
dwelling without intention of returning. The spouse with whom the majority of the common
spouse who has left the conjugal dwelling for a children choose to remain. Children below the
period of three months or has failed within the age of seven years are deemed to have chosen
same period to give any information as to his or the mother, unless the court has decided
her whereabouts shall be prima facie presumed otherwise. In case there in no such majority, the
court shall decide, taking into consideration the provisions in this Chapter shall be of
best interests of said children. (n) supplementary application.

Art. 103. Upon the termination of the marriage The provisions of this Chapter shall also apply to
by death, the community property shall be conjugal partnerships of gains already
liquidated in the same proceeding for the established between spouses before the
settlement of the estate of the deceased. effectivity of this Code, without prejudice to
vested rights already acquired in accordance
If no judicial settlement proceeding is instituted, with the Civil Code or other laws, as provided in
the surviving spouse shall liquidate the Article 256. (n)
community property either judicially or extra-
judicially within six months from the death of Art. 106. Under the regime of conjugal
the deceased spouse. If upon the lapse of the partnership of gains, the husband and wife
six months period, no liquidation is made, any place in a common fund the proceeds,
disposition or encumbrance involving the products, fruits and income from their separate
community property of the terminated properties and those acquired by either or both
marriage shall be void. spouses through their efforts or by chance, and,
upon dissolution of the marriage or of the
Should the surviving spouse contract a partnership, the net gains or benefits obtained
subsequent marriage without compliance with by either or both spouses shall be divided
the foregoing requirements, a mandatory equally between them, unless otherwise agreed
regime of complete separation of property shall in the marriage settlements. (142a)
govern the property relations of the subsequent
marriage. (n) Art. 107. The rules provided in Articles 88 and
89 shall also apply to conjugal partnership of
Art. 104. Whenever the liquidation of the gains. (n)
community properties of two or more
marriages contracted by the same person Art. 108. The conjugal partnership shall be
before the effectivity of this Code is carried out governed by the rules on the contract of
simultaneously, the respective capital, fruits partnership in all that is not in conflict with
and income of each community shall be what is expressly determined in this Chapter or
determined upon such proof as may be by the spouses in their marriage settlements.
considered according to the rules of evidence. (147a)
In case of doubt as to which community the
existing properties belong, the same shall be Section 2. Exclusive Property of Each Spouse
divided between the different communities in
proportion to the capital and duration of each. Art. 109. The following shall be the exclusive
(189a) property of each spouse:

Chapter 4. Conjugal Partnership of Gains (1) That which is brought to the marriage as his
or her own; (2) That which each acquires during
Section 1. General Provisions the marriage by gratuitous title; (3) That which
is acquired by right of redemption, by barter or
Art. 105. In case the future spouses agree in the by exchange with property belonging to only
marriage settlements that the regime of one of the spouses; and (4) That which is
conjugal partnership gains shall govern their purchased with exclusive money of the wife or
property relations during marriage, the of the husband. (148a)
Art. 110. The spouses retain the ownership, Art. 116. All property acquired during the
possession, administration and enjoyment of marriage, whether the acquisition appears to
their exclusive properties. have been made, contracted or registered in
the name of one or both spouses, is presumed
Either spouse may, during the marriage, to be conjugal unless the contrary is proved.
transfer the administration of his or her (160a)
exclusive property to the other by means of a
public instrument, which shall be recorded in Art. 117. The following are conjugal partnership
the registry of property of the place the properties:
property is located. (137a, 168a, 169a)
(1) Those acquired by onerous title during the
Art. 111. A spouse of age may mortgage, marriage at the expense of the common fund,
encumber, alienate or otherwise dispose of his whether the acquisition be for the partnership,
or her exclusive property, without the consent or for only one of the spouses; (2) Those
of the other spouse, and appear alone in court obtained from the labor, industry, work or
to litigate with regard to the same. (n) profession of either or both of the spouses; (3)
The fruits, natural, industrial, or civil, due or
Art. 112. The alienation of any exclusive received during the marriage from the common
property of a spouse administered by the other property, as well as the net fruits from the
automatically terminates the administration exclusive property of each spouse; (4) The share
over such property and the proceeds of the of either spouse in the hidden treasure which
alienation shall be turned over to the owner- the law awards to the finder or owner of the
spouse. (n) property where the treasure is found; (5) Those
acquired through occupation such as fishing or
Art. 113. Property donated or left by will to the hunting; (6) Livestock existing upon the
spouses, jointly and with designation of dissolution of the partnership in excess of the
determinate shares, shall pertain to the donee- number of each kind brought to the marriage by
spouses as his or her own exclusive property, either spouse; and (7) Those which are acquired
and in the absence of designation, share and by chance, such as winnings from gambling or
share alike, without prejudice to the right of betting. However, losses therefrom shall be
accretion when proper. (150a) borne exclusively by the loser-spouse. (153a,
154a, 155, 159)
Art. 114. If the donations are onerous, the
amount of the charges shall be borne by the Art. 118. Property bought on installments paid
exclusive property of the donee spouse, partly from exclusive funds of either or both
whenever they have been advanced by the spouses and partly from conjugal funds belongs
conjugal partnership of gains. (151a) to the buyer or buyers if full ownership was
vested before the marriage and to the conjugal
Art. 115. Retirement benefits, pensions, partnership if such ownership was vested
annuities, gratuities, usufructs and similar during the marriage. In either case, any amount
benefits shall be governed by the rules on advanced by the partnership or by either or
gratuitous or onerous acquisitions as may be both spouses shall be reimbursed by the owner
proper in each case. (n) or owners upon liquidation of the partnership.
(n)
Section 3. Conjugal Partnership Property
Art. 119. Whenever an amount or credit
payable within a period of time belongs to one
of the spouses, the sums which may be
collected during the marriage in partial benefit of the conjugal partnership of gains, or
payments or by installments on the principal by both spouses or by one of them with the
shall be the exclusive property of the spouse. consent of the other; (3) Debts and obligations
However, interests falling due during the contracted by either spouse without the
marriage on the principal shall belong to the consent of the other to the extent that the
conjugal partnership. (156a, 157a) family may have benefited; (4) All taxes, liens,
charges, and expenses, including major or
Art. 120. The ownership of improvements, minor repairs upon the conjugal partnership
whether for utility or adornment, made on the property; (5) All taxes and expenses for mere
separate property of the spouses at the preservation made during the marriage upon
expense of the partnership or through the acts the separate property of either spouse; (6)
or efforts of either or both spouses shall pertain Expenses to enable either spouse to commence
to the conjugal partnership, or to the original or complete a professional, vocational, or other
owner-spouse, subject to the following rules: activity for self-improvement; (7) Ante-nuptial
debts of either spouse insofar as they have
When the cost of the improvement made by redounded to the benefit of the family; (8) The
the conjugal partnership and any resulting value of what is donated or promised by both
increase in value are more than the value of the spouses in favor of their common legitimate
property at the time of the improvement, the children for the exclusive purpose of
entire property of one of the spouses shall commencing or completing a professional or
belong to the conjugal partnership, subject to vocational course or other activity for self-
reimbursement of the value of the property of improvement; and (9) Expenses of litigation
the owner-spouse at the time of the between the spouses unless the suit is found to
improvement; otherwise, said property shall be groundless. If the conjugal partnership is
retained in ownership by the owner-spouse, insufficient to cover the foregoing liabilities, the
likewise subject to reimbursement of the cost spouses shall be solidarily liable for the unpaid
of the improvement. balance with their separate properties. (161a)

In either case, the ownership of the entire Art. 122. The payment of personal debts
property shall be vested upon the contracted by the husband or the wife before or
reimbursement, which shall be made at the during the marriage shall not be charged to the
time of the liquidation of the conjugal conjugal properties partnership except insofar
partnership. (158a) as they redounded to the benefit of the family.

Section 4. Charges Upon and Obligations of the Neither shall the fines and pecuniary
Conjugal Partnership indemnities imposed upon them be charged to
the partnership.
Art. 121. The conjugal partnership shall be liable
for: However, the payment of personal debts
contracted by either spouse before the
(1) The support of the spouse, their common marriage, that of fines and indemnities imposed
children, and the legitimate children of either upon them, as well as the support of
spouse; however, the support of illegitimate illegitimate children of either spouse, may be
children shall be governed by the provisions of enforced against the partnership assets after
this Code on Support; (2) All debts and the responsibilities enumerated in the
obligations contracted during the marriage by preceding Article have been covered, if the
the designated administrator-spouse for the spouse who is bound should have no exclusive
property or if it should be insufficient; but at the
time of the liquidation of the partnership, such partnership property for charity or on occasions
spouse shall be charged for what has been paid of family rejoicing or family distress. (174a)
for the purpose above-mentioned. (163a)
Section 6. Dissolution of Conjugal Partnership
Art. 123. Whatever may be lost during the Regime
marriage in any game of chance or in betting,
sweepstakes, or any other kind of gambling Art. 126. The conjugal partnership terminates:
whether permitted or prohibited by law, shall
be borne by the loser and shall not be charged (1) Upon the death of either spouse; (2) When
to the conjugal partnership but any winnings there is a decree of legal separation; (3) When
therefrom shall form part of the conjugal the marriage is annulled or declared void; or (4)
partnership property. (164a) In case of judicial separation of property during
the marriage under Articles 134 to 138. (175a)
Section 5. Administration of the Conjugal
Partnership Property Art. 127. The separation in fact between
husband and wife shall not affect the regime of
Art. 124. The administration and enjoyment of conjugal partnership, except that:
the conjugal partnership shall belong to both
spouses jointly. In case of disagreement, the (1) The spouse who leaves the conjugal home or
husband’s decision shall prevail, subject to refuses to live therein, without just cause, shall
recourse to the court by the wife for proper not have the right to be supported; (2) When
remedy, which must be availed of within five the consent of one spouse to any transaction of
years from the date of the contract the other is required by law, judicial
implementing such decision. authorization shall be obtained in a summary
proceeding; (3) In the absence of sufficient
In the event that one spouse is incapacitated or conjugal partnership property, the separate
otherwise unable to participate in the property of both spouses shall be solidarily
administration of the conjugal properties, the liable for the support of the family. The spouse
other spouse may assume sole powers of present shall, upon petition in a summary
administration. These powers do not include proceeding, be given judicial authority to
disposition or encumbrance without authority administer or encumber any specific separate
of the court or the written consent of the other property of the other spouse and use the fruits
spouse. In the absence of such authority or or proceeds thereof to satisfy the latter’s share.
consent, the disposition or encumbrance shall (178a)
be void. However, the transaction shall be
construed as a continuing offer on the part of Art. 128. If a spouse without just cause
the consenting spouse and the third person, abandons the other or fails to comply with his
and may be perfected as a binding contract or her obligation to the family, the aggrieved
upon the acceptance by the other spouse or spouse may petition the court for receivership,
authorization by the court before the offer is for judicial separation of property, or for
withdrawn by either or both offerors. (165a) authority to be the sole administrator of the
conjugal partnership property, subject to such
Art. 125. Neither spouse may donate any precautionary conditions as the court may
conjugal partnership property without the impose.
consent of the other. However, either spouse
may, without the consent of the other, make
moderate donations from the conjugal
The obligations to the family mentioned in the remainder of the conjugal partnership
preceding paragraph refer to marital, parental properties shall constitute the profits, which
or property relations. shall be divided equally between husband and
wife, unless a different proportion or division
A spouse is deemed to have abandoned the was agreed upon in the marriage settlements or
other when he or she has left the conjugal unless there has been a voluntary waiver or
dwelling without intention of returning. The forfeiture of such share as provided in this
spouse who has left the conjugal dwelling for a Code. (8) The presumptive legitimes of the
period of three months or has failed within the common children shall be delivered upon the
same period to give any information as to his or partition in accordance with Article 51. (9) In
her whereabouts shall be prima facie presumed the partition of the properties, the conjugal
to have no intention of returning to the dwelling and the lot on which it is situated shall,
conjugal dwelling.(167a, 191a) unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the
Section 7. Liquidation of the Conjugal majority of the common children choose to
Partnership Assets and Liabilities remain. Children below the age of seven years
are deemed to have chosen the mother, unless
Art. 129. Upon the dissolution of the conjugal the court has decided otherwise. In case there
partnership regime, the following procedure is no suchmajority, the court shall decide, taking
shall apply: into consideration the best interests of said
children. (181a, 182a, 183a, 184a, 185a)
(1) An inventory shall be prepared, listing
separately all the properties of the conjugal Art. 130. Upon the termination of the marriage
partnership and the exclusive properties of each by death, the conjugal partnership property
spouse. (2) Amounts advanced by the conjugal shall be liquidated in the same proceeding for
partnership in payment of personal debts and the settlement of the estate of the deceased.
obligations of either spouse shall be credited to
the conjugal partnership as an asset thereof. (3) If no judicial settlement proceeding is instituted,
Each spouse shall be reimbursed for the use of the surviving spouse shall liquidate the conjugal
his or her exclusive funds in the acquisition of partnership property either judicially or extra-
property or for the value of his or her exclusive judicially within six months from the death of
property, the ownership of which has been the deceased spouse. If upon the lapse of the
vested by law in the conjugal partnership. (4) six-month period no liquidation is made, any
The debts and obligations of the conjugal disposition or encumbrance involving the
partnership shall be paid out of the conjugal conjugal partnership property of the terminated
assets. In case of insufficiency of said assets, the marriage shall be void.
spouses shall be solidarily liable for the unpaid
balance with their separate properties, in Should the surviving spouse contract a
accordance with the provisions of paragraph (2) subsequent marriage without compliance with
of Article 121. (5) Whatever remains of the the foregoing requirements, a mandatory
exclusive properties of the spouses shall regime of complete separation of property shall
thereafter be delivered to each of them. (6) govern the property relations of the subsequent
Unless the owner had been indemnified from marriage. (n)
whatever source, the loss or deterioration of
movables used for the benefit of the family, Art. 131. Whenever the liquidation of the
belonging to either spouse, even due to conjugal partnership properties of two or more
fortuitous event, shall be paid to said spouse marriages contracted by the same person
from the conjugal funds, if any. (7) The net before the effectivity of this Code is carried out
simultaneously, the respective capital, fruits the spouse of petitioner has been decreed by
and income of each partnership shall be the court; (4) That the spouse of the petitioner
determined upon such proof as may be has abandoned the latter or failed to comply
considered according to the rules of evidence. with his or her obligations to the family as
In case of doubt as to which partnership the provided for in Article 101; (5) That the spouse
existing properties belong, the same shall be granted the power of administration in the
divided between the different partnerships in marriage settlements has abused that power;
proportion to the capital and duration of each. and (6) That at the time of the petition, the
(189a) spouses have been separated in fact for at least
one year and reconciliation is highly
Art. 132. The Rules of Court on the improbable.
administration of estates of deceased persons
shall be observed in the appraisal and sale of In the cases provided for in Numbers (1), (2)
property of the conjugal partnership, and other and (3), the presentation of the final judgment
matters which are not expressly determined in against the guilty or absent spouse shall be
this Chapter. (187a) enough basis for the grant of the decree of
judicial separation of property. (191a)
Art. 133. From the common mass of property
support shall be given to the surviving spouse Art. 136. The spouses may jointly file a verified
and to the children during the liquidation of the petition with the court for the voluntary
inventoried property and until what belongs to dissolution of the absolute community or the
them is delivered; but from this shall be conjugal partnership of gains, and for the
deducted that amount received for support separation of their common properties.
which exceeds the fruits or rents pertaining to
them. (188a) All creditors of the absolute community or of
the conjugal partnership of gains, as well as the
Chapter 5. Separation of Property of the personal creditors of the spouse, shall be listed
Spouses and Administration of Common in the petition and notified of the filing thereof.
Property by One Spouse During the Marriage The court shall take measures to protect the
creditors and other persons with pecuniary
Art. 134. In the absence of an express interest. (191a)
declaration in the marriage settlements, the
separation of property between spouses during Art. 137. Once the separation of property has
the marriage shall not take place except by been decreed, the absolute community or the
judicial order. Such judicial separation of conjugal partnership of gains shall be liquidated
property may either be voluntary or for in conformity with this Code. During the
sufficient cause. (190a) pendency of the proceedings for separation of
property, the absolute community or the
Art. 135. Any of the following shall be conjugal partnership shall pay for the support of
considered sufficient cause for judicial the spouses and their children. (192a)
separation of property:
Art. 138. After dissolution of the absolute
(1) That the spouse of the petitioner has been community or of the conjugal partnership, the
sentenced to a penalty which carries with it civil provisions on complete separation of property
interdiction; (2) That the spouse of the shall apply. (191a)
petitioner has been judicially declared an
absentee; (3) That loss of parental authority of
Art. 139. The petition for separation of property interdiction; or (4) When one spouse becomes a
and the final judgment granting the same shall fugitive from justice or is in hiding as an accused
be recorded in the proper local civil registries in a criminal case. If the other spouse is not
and registries of property. (193a) qualified by reason of incompetence, conflict of
interest, or any other just cause, the court shall
Art. 140. The separation of property shall not appoint a suitable person to be the
prejudice the rights previously acquired by administrator.(n)
creditors. (194a)
Chapter 6. Regime of Separation of Property
Art. 141. The spouses may, in the same
proceedings where separation of property was Art. 143. Should the future spouses agree in the
decreed, file a motion in court for a decree marriage settlements that their property
reviving the property regime that existed relations during marriage shall be governed by
between them before the separation of the regime of separation of property, the
property in any of the following instances: provisions of this Chapter shall be suppletory.
(212a)
(1) When the civil interdiction terminates; (2)
When the absentee spouse reappears; (3) Art. 144. Separation of property may refer to
When the court, being satisfied that the spouse present or future property or both. It may be
granted the power of administration in the total or partial. In the latter case, the property
marriage settlements will not again abuse that not agreed upon as separate shall pertain to the
power, authorizes the resumption of said absolute community. (213a)
administration; (4) When the spouse who has
left the conjugal home without a decree of legal Art. 145. Each spouse shall own, dispose of,
separation resumes common life with the possess, administer and enjoy his or her own
other; (5) When parental authority is judicially separate estate, without need of the consent of
restored to the spouse previously deprived the other. To each spouse shall belong all
thereof; (6) When the spouses who have earnings from his or her profession, business or
separated in fact for at least one year, reconcile industry and all fruits, natural, industrial or civil,
and resume common life; or (7) When after due or received during the marriage from his or
voluntary dissolution of the absolute her separate property. (214a)
community of property or conjugal partnership
has been judicially decreed upon the joint Art. 146. Both spouses shall bear the family
petition of the spouses, they agree to the expenses in proportion to their income, or, in
revival of the former property regime. No case of insufficiency or default thereof, to the
voluntary separation of property may thereafter current market value of their separate
be granted. The revival of the former property properties.
regime shall be governed by Article 67. (195a)
The liabilities of the spouses to creditors for
Art. 142. The administration of all classes of family expenses shall, however, be solidary.
exclusive property of either spouse may be (215a)
transferred by the court to the other spouse:
Chapter 7. Property Regime of Unions Without
(1) When one spouse becomes the guardian of Marriage
the other; (2) When one spouse is judicially
declared an absentee; (3) When one spouse is Art. 147. When a man and a woman who are
sentenced to a penalty which carries with it civil capacitated to marry each other, live exclusively
with each other as husband and wife without presumption shall apply to joint deposits of
the benefit of marriage or under a void money and evidences of credit.
marriage, their wages and salaries shall be
owned by them in equal shares and the If one of the parties is validly married to
property acquired by both of them through another, his or her share in the co-ownership
their work or industry shall be governed by the shall accrue to the absolute community or
rules on co-ownership. conjugal partnership existing in such valid
marriage. If the party who acted in bad faith is
In the absence of proof to the contrary, not validly married to another, his or her shall
properties acquired while they lived together be forfeited in the manner provided in the last
shall be presumed to have been obtained by paragraph of the preceding Article.
their joint efforts, work or industry, and shall be
owned by them in equal shares. For purposes of The foregoing rules on forfeiture shall likewise
this Article, a party who did not participate in apply even if both parties are in bad faith.
the acquisition by the other party of any (144a)
property shall be deemed to have contributed
jointly in the acquisition thereof if the former’s TITLE V
efforts consisted in the care and maintenance
of the family and of the household. THE FAMILY

Neither party can encumber or dispose by acts Chapter 1. The Family as an Institution
inter vivos of his or her share in the property
acquired during cohabitation and owned in Art. 149. The family, being the foundation of
common, without the consent of the other, the nation, is a basic social institution which
until after the termination of their cohabitation. public policy cherishes and protects.
Consequently, family relations are governed by
When only one of the parties to a void marriage law and no custom, practice or agreement
is in good faith, the share of the party in bad destructive of the family shall be recognized or
faith in the co-ownership shall be forfeited in given effect. (216a, 218a)
favor of their common children. In case of
default of or waiver by any or all of the common Art. 150. Family relations include those:
children or their descendants, each vacant
share shall belong to the respective surviving (1) Between husband and wife; (2) Between
descendants. In the absence of descendants, parents and children; (3) Among brothers and
such share shall belong to the innocent party. In sisters, whether of the full or half-blood. (217a)
all cases, the forfeiture shall take place upon
termination of the cohabitation. (144a) Art. 151. No suit between members of the same
family shall prosper unless it should appear
Art. 148. In cases of cohabitation not falling from the verified complaint or petition that
under the preceding Article, only the properties earnest efforts toward a compromise have been
acquired by both of the parties through their made, but that the same have failed. If it is
actual joint contribution of money, property, or shown that no such efforts were in fact made,
industry shall be owned by them in common in the same case must be dismissed.
proportion to their respective contributions. In
the absence of proof to the contrary, their This rules shall not apply to cases which may
contributions and corresponding shares are not be the subject of compromise under the
presumed to be equal. The same rule and Civil Code. (222a)
 Chapter 2. The Family Home unmarried head of a family on his or her own
property.
Art. 152. The family home, constituted jointly by
the husband and the wife or by an unmarried Nevertheless, property that is the subject of a
head of a family, is the dwelling house where conditional sale on installments where
they and their family reside, and the land on ownership is reserved by the vendor only to
which it is situated. (223a) guarantee payment of the purchase price may
be constituted as a family home. (227a, 228a)
Art. 153. The family home is deemed
constituted on a house and lot from the time it Art. 157. The actual value of the family home
is occupied as a family residence. From the time shall not exceed, at the time of its constitution,
of its constitution and so long as any of its the amount of the three hundred thousand
beneficiaries actually resides therein, the family pesos in urban areas, and two hundred
home continues to be such and is exempt from thousand pesos in rural areas, or such amounts
execution, forced sale or attachment except as as may hereafter be fixed by law.
hereinafter provided and to the extent of the
value allowed by law. (223a) In any event, if the value of the currency
changes after the adoption of this Code, the
Art. 154. The beneficiaries of a family home are: value most favorable for the constitution of a
family home shall be the basis of evaluation.
(1) The husband and wife, or an unmarried
person who is the head of a family; and (2) For purposes of this Article, urban areas are
Their parents, ascendants, descendants, deemed to include chartered cities and
brothers and sisters, whether the relationship municipalities whose annual income at least
be legitimate or illegitimate, who are living in equals that legally required for chartered cities.
the family home and who depend upon the All others are deemed to be rural areas. (231a)
head of the family for legal support. (226a)
Art. 158. The family home may be sold,
Art. 155. The family home shall be exempt from alienated, donated, assigned or encumbered by
execution, forced sale or attachment except: the owner or owners thereof with the written
consent of the person constituting the same,
(1) For nonpayment of taxes; (2) For debts the latter’s spouse, and a majority of the
incurred prior to the constitution of the family beneficiaries of legal age. In case of conflict, the
home; (3) For debts secured by mortgages on court shall decide. (235a)
the premises before or after such constitution;
and (4) For debts due to laborers, mechanics, Art. 159. The family home shall continue
architects, builders, materialmen and others despite the death of one or both spouses or of
who have rendered service or furnished the unmarried head of the family for a period of
material for the construction of the building. ten years or for as long as there is a minor
(243a) beneficiary, and the heirs cannot partition the
same unless the court finds compelling reasons
Art. 156. The family home must be part of the therefor. This rule shall apply regardless of
properties of the absolute community or the whoever owns the property or constituted the
conjugal partnership, or of the exclusive family home. (238a)
properties of either spouse with the latter’s
consent. It may also be constituted by an Art. 160. When a creditor whose claims is not
among those mentioned in Article 155 obtains a
judgment in his favor, and he has reasonable
grounds to believe that the family home is
actually worth more than the maximum amount
fixed in Article 157, he may apply to the court
which rendered the judgment for an order
directing the sale of the property under
execution. The court shall so order if it finds
that the actual value of the family home
exceeds the maximum amount allowed by law
as of the time of its constitution. If the
increased actual value exceeds the maximum
allowed in Article 157 and results from
subsequent voluntary improvements
introduced by the person or persons
constituting the family home, by the owner or
owners of the property, or by any of the
beneficiaries, the same rule and procedure shall
apply.

At the execution sale, no bid below the value

allowed for a family home shall be considered.
The proceeds shall be applied first to the
amount mentioned in Article 157, and then to
the liabilities under the judgment and the costs.
The excess, if any, shall be delivered to the
judgment debtor. (247a, 248a)

Art. 161. For purposes of availing of the benefits

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

Art. 162. The provisions in this Chapter shall

also govern existing family residences insofar as
said provisions are applicable. (n)