CIVIL CODE OF THE PHILIPPINES

REVIEWER

INTRODUCTION

LAW
 Instructions for Human Machinery
 An ordinance of reason promulgate for the common good by Him who is in authority
 Types
 Natural Law – promulgated impliedly in our conscience and mind
Natural Moral Law – do good or do evil
Law of Nature – Law of gravity
 Positive Law – promulgated expressly or directly
Divine Positive Law – Ten Commandments
Divine-Human Positive Law – Law of the Church
Human-Positive Law – Republic Acts, E.O. etc.
 Human Positive Law
 Reasonable Law of action, expressly or directly promulgated by competent human authority for the
common good and usually, but not necessarily, imposing a sanction in case of obedience


Book 1 – PERSONS

Title I – Civil Personality

Chapter 1 – General Provisions (Art. 37-39)

Juridical Capacity
 Fitness to be subject to legal relations
 Inherent in every natural person
 Lost only through death
Capacity to act
 Power to do acts with legal effect
 It is acquired and may be lost
 Restrictions on Capacity to Act but is not exempted from certain relations
1. Minority
2. Insanity / Imbecility
3. The state of being deaf-mute
4. Prodigality
5. Civil Interdiction
 Not limited on account of religious belief

Chapter 2 – Natural Persons (Art. 40-43)

Natural persons
 Birth determines personality
 A fetus is considered alive if
o It is alive at the time it is completely delivered from the mother’s womb
o It was delivered after seven months intra-uterine life and lived for 24 hours after delivery
 Civil personality is extinguished by death
 The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by
will.
 Chapter 3 – Juridical Persons (Art. 44-47)
Juridical persons
 Types of Juridical Persons
1. The state and its political subdivisions
 Governed by laws creating or recognizing them
2. Other corporations, institutions, and entities for public purpose, created by law
 Personality begins as soon as they have been constituted according to law
 Governed by laws creating or recognizing them
 Upon their dissolution, their property and assets shall be disposed of in pursuance of law or the
charter creating them. If nothing has been specified on this point, the property and other assets
shall be applied to similar purposes for the benefit of the region, province, city or municipality
which during existence of the institution derived the principal benefits from the same. (47)
3. Corporations, partnerships and Associations for private interests or purpose
 The law grants a juridical personality, separate and distinct from that of each shareholder,
partner or member.
 Private corporations are regulated by laws of general application on the subject
 Partnerships and associations for private interest or purpose are governed by the provisions of
this Code concerning partnerships.
 May acquire and possess property of all kinds, incur obligations, and bring civil or criminal actions in conformity
with the laws and regulations of their organization.

Title II – Citizenship and Domicile

Citizens of the Philippines are

1. Those who were citizens of the Philippines at the time of the adoption of the constitution of the Philippines
2. Those born in the Philippines of foreign parents who, before adoption of said Constitution, had been elected to
public office in the Philippines.
3. Those whose fathers are citizen of the Philippines
4. Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine
Citizenship.
5. Those who are naturalized in accordance with law

Book II – The Family Code of the Philippines: Executive Order No. 209

Title I – Marriage
Chapter 1 – Requisites of Marriage (Art. 1-26)

Marriage
 A special contract of permanent union between a man and a woman entered in accordance with law for the
establishment of conjugal and family life.
 The foundation of the family and an inviolable social institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that marriage settlements may fix the property relations
during the marriage within the limits provided by this Code.
 ESSENTIAL REQUISITES OF MARRIAGE
1. Legal capacities of contracting parties who must be a man and a woman
 Contracting parties must be 18 years old and above
2. Consent freely given in the presence of the solemnizing officer
 FORMAL REQUISITES OF MARRIAGE
1. Authority of the solemnizing officer
 No prescribed form or religious rite is required
2. A valid marriage license (with exemption for some cases)
3. A marriage ceremony which takes place with:
 The appearance of the contracting parties before the solemnizing officer
  Their personal declaration that they take each other as husband and wife
 This declaration shall be contained in the marriage certificate which shall be signed by
the contracting parties, their witnesses and attested by the solemnizing officer
 With the presence of not less than two witnesses of legal age.
 Witness can sign the marriage certificate in cases of marriage in articulo mortis or either
or both of the party is unable to sign it; this must be attested by the solemnizing officer.
 NOTES FOR MARRIAGE REQUISITES
1. ABSENCE of any ESSENTIAL AND FORMAL requisites shall render the MARRIAGE – VOID AB INITIO
(Invalid from the very beginning)
2. DEFECT in any of the ESSENTIAL requisites shall render the MARRIAGE – VOIDABLE (Valid until any of the
parties filed for its invalidity)
3. IRREGULARITY in the FORMAL requisites shall NOT AFFECT THE VALIDITY of the Marriage, but the PARTY
OR PARTIES RESPONSIBLE for the irregularity shall be civilly, criminally, and administratively LIABLE.
 AUTHORIZED SOLEMNIZING OFFICERS
1. Any incumbent member of the judiciary within the court’s jurisdiction
2. Any priest. Rabbi, imam, or minister of any church or religious sect who is
 Duly authorized by his church or religious sect
 Registered with the civil registrar general
 Acting within the limits of the written authority granted by his church or religious sect
 Provided that at least one of the contracting parties belongs to the solemnizing officer’s church
or religious sect.
3. Any ship captain or airplane chief only in cases of
 marriage in articulo mortis;
 and between their passengers and crew members
4. Any military commander of a unit to which a chaplain (priest in the military) is assigned only in cases of
 marriage in articulo mortis;
 during military operations whether among military officers or civilians
5. Any consul general, consul or vice consul
 Only among Filipino citizens abroad
 Upon solemnization, said official shall also perform the duties of
 Local civil registrar in the issuance of the marriage license
 MARRIAGE LICENSE
 If required, each contracting party shall file separately a sworn application for such license with the
proper local civil registry
 Sworn application shall indicate the ff:
1. Full name of the contracting party
2. Place of birth
3. Age and date of birth
4. Civil status
5. If previously married, how, when and where the previous marriage was dissolved or annulled
6. Present residence and citizenship
7. Degree of relationship of the contracting parties
8. Full name, residence, and citizenship of the father
9. Full name, residence, and citizenship of the mother
10. Full name, residence and citizenship of the guardian or person having charge, in case the
contracting party has neither father nor mother and is under the age of twenty-one years.
Note: Residence Certificates are not required.
 Documents needed to be presented n case to case basis
 Birth Certificates or Baptismal Certificates
 Shall be presented to the civil registrar upon application
 Exemption for presentation
 1. If the parents of the contracting parties appear personally before the local civil registrar
concerned and swear to the correctness of the lawful age of said parties as stated in the
application.
2. When the local civil registrar shall, by merely looking at the applicants upon their
personally appearing before him, be convinced that either or both of them have the
required age.
 Copies of it must be attested by the persons having custody of the originals
 It is not required to be sworn to and exempted from documentary stamp tax
 Signature and official title of the person issuing the certificate shall be sufficient proof of its
authenticity.
 INABILITY to produce said document due to (1) destruction and (2) not able to receive it,
contracting parties may furnish his/ her
1. Residence certificate
2. Sworn Statement/ Instrument
o Must be sworn to before a local civil registrar concerned or any public official
authorized to administer oaths.
o Shall contain the declaration of two witness of lawful age, residence and
citizenship of such contracting party and his or her parents, if known, and the
place and date of birth of such party.
 The nearest of kin shall be preferred as witnesses or persons pf good
reputation in the province or the locality.
 OTHER CASES
 If one or both parties are previously married
 Instead of birth certificate and baptismal cert, they must present:
1. Death certificate of the deceased spouse
o If said document cannot be secured, the party shall make an affidavit setting
forth this circumstance and his or her actual civil status and the name and date
of death of the deceased spouse.
2. Judicial decree of the absolute divorce or annulment or declaration of nullity of his or
her previous marriage.
 If one or both parties are in the ages of 18 – 21;
 In addition to the other requirements, they are required to present
1. Written consent to their marriage by their father, mother, surviving parent or guardian
or persons having legal charge of them
o Must be manifested in the presence of two witnesses
o Attested before any official authorized by law to administer oaths.
2. Certificate issued by a priest, imam or minister authorized to solemnized marriage or a
marriage counsellor duly accredited by the proper government agency to the effect that
the contracting parties have undergone marriage counseling
o Failure to obtain such document shall suspend the issuance of marriage license
for three months.
 If one or both parties are in the ages of 21-25
 Must obtain the ff:
1. Written advice from their parents or guardian
o Failure to obtain such document or if it be unfavorable, the marriage license
shall not be issued till after three months following the publication of the
application thereof.
o After obtaining such doc, the contracting parties shall submit a sworn statement
together with it and it will be attached to the marriage license application.
o Refusal of parents or guardian to give such advice shall be indicated in the
sworn statement.
 2. Certificate issued by a priest, imam or minister authorized to solemnized marriage or a
marriage counsellor duly accredited by the proper government agency to the effect that
the contracting parties have undergone marriage counseling
o Failure to obtain such document shall suspend the issuance of marriage license
for three months.
 If one or both parties are citizens of a foreign country
 Before the applying for a marriage license, they must submit a CERTIFICATE OF LEGAL CAPACITY
TO MARRIAGE, issued by their respective diplomatic or consular officials.
 For stateless persons or refugees from other countries
 Must submit an affidavit stating the circumstances showing such capacity to contract marriage.

 OTHER NOTATIONS FOR ISSUANCE OF MARRIAGE LICENSE

 Issuance of license shall only be prohibited by an order or a competent court or that of any interested
party.
 Payment of fees shall only be free of charge to indigent parties, that is, those who have no visible means
of income or whose income is insufficient for their substance, a fact established by their affidavit, or by
their oath before the local civil registrar.
 VALIDITY: The license shall be valid in any part of the Philippines for a period of one hundred twenty
(120) days from the date of issue, and shall be deemed automatically cancelled at the expiration of said
period if the contracting parties have not made use of it

 MARRIAGE CERTIFICATE
 Declaration of contracting parties that they take each other as husband and wife
 Indicates the ff:
1. The full name, sex, and age of each contracting party
2. Their citizenship, religion, and habitual residence
3. The date and precise time of the celebration of their marriage
4. That the proper marriage license has been issued according to law, except in marriages provided
for in Chapter 2 of this Title
5. That either or both of the contracting parties have secured the parental consent in appropriate
cases
6. That either or both of the contracting parties have complied with the legal requirement
regarding parental advice in appropriate cases
7. That the parties have entered into a marriage settlement, if any, attaching a copy thereof.
 Process
 Solemnizing officer must
1. Furnish to the contracting parties the original of the Marriage Certificate
2. Send not later than 15 days after solemnization the duplicate and triplicate to the local
civil registrar where the marriage was solemnized
3. He then must keep the quadruplicate copy, the original marriage license and in some
cases, the affidavit of the contracting party regarding the place of the solemnization of
their marriage.
 MARRIAGES OUTSIDE THE PHILIPPINES
 Shall be both binding and valid by the law of the country where they were solemnized and of the
Philippines
 MARRIAGES BETWEEN A FILIPINO AND A FOREIGNER
 If a divorce is validly obtained by the alien spouse abroad, the Filipino spouse shall likewise have the
capacity to remarry under Philippine Law.

CHAPTER 2 – MARRIAGE EXEMPT FROM THE LICENSE REQUIREMENT (Art 27 – 34)

Marriage Exempt from The License Requirement

1. Marriages in articulo mortis
  In case either or both parties are at the point of death
 Shall remain valid even if both parties later on survived.
 Can be solemnized by a ship captain or airplane pilot not only while the ship is at sea or the plane is in
flight, but also during stopovers at ports of call.
 A military officer can solemnize marriage between persons within the zone of military operations.
2. Far off residence
 If the residence of either party is so located that there is no means of transportation to personally
appear before the local civil registrar.
3. Marriage among Muslims or members of the ethnic cultural communities
 Provided that they are solemnized in accordance with their customs, rites, or practices
4. Common Husband or Wife
 Couples who have lived together as husband and wife for at least FIVE YEARS and without any legal
impediment to marry each other.

Affidavit of Exemption
 Must indicate the valid reasons/ grounds for exemption of license to be furnish by the solemnizing officer.
 Together with the marriage certificate, documents must be sent to the local civil registrar within 30 days after
solemnization

CHAPTER 3 – VOID AND VOIDABLE MARRIAGES (Art 35 – 54)

Marriages that are VOID AB INITIO (Void from the beginning)
1. Those contracted by any party below eighteen years of age even with the consent of parents or guardian
2. Those solemnized by any person not legally authorized to perform marriages
 Unless such marriages were contracted with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so.
3. Those solemnized without a license, except those stated in Chapter 2.
4. Those bigamous or polygamous marriages
 Unless contracting parties have a well-founded belief that previous spouse is dead due to the
disappearance of at least four consecutive years or two years where there is a known danger of death
upon disappearance.
5. Those contracted through mistake of one contracting party as to identify of the other
6. Those subsequent marriages that are void under Article 53

PSYCHOLOGICAL INCAPACITY
 Marriages shall be void if one of the contracting parties who, at the time of the celebration, was psychologically
incapacitated to comply with the essential marital obligations of marriage even if such capacity becomes
manifest only after its solemnization.

VOID AB INITIO AND INCESTOUS Marriages (May be legitimate or illegitimate relationships)

1. Between ascendants and descendants of any degree
2. Between brothers and sisters, whether of full or half blood.

VOID AB INITO Marriages for reasons of PUBLIC POLICY

1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree
2. Between stepparents and step-children
3. Between parents-in-law and children-in-law
4. Between the adopting parent and the adopted child
5. Between the surviving spouse of the adopted parent and adopted child
6. Between the surviving spouse of the adopted child and the adopter
7. Between an adopted child and a legitimate child of the adopter
8. Between the adopted children of the same adopter
9. Between parties where one, with the intention to marry the other, killed the other person’s spouse or his or her
own spouse.
Valid Bigamous Marriage / Subsequent Marriage
 Subsequent marriage with the contracting party having a well-founded belief that previous spouse is dead due
to the disappearance of at least four consecutive years or two years when there is a known danger of death
upon disappearance.
 Contracting spouse must institute a summary proceeding for the declaration of presumptive death of the
absentee, without prejudice to the effect of reappearance of the absent spouse.
 If absent spouse reappeared later on, subsequent marriage shall be terminated unless there is a judgement
annulling the previous marriage or declaring it void ab initio.
 Effects of termination of subsequent marriage
(Shall also apply to marriages declared void ab initio or annulled by final judgement)
1. Children of the subsequent marriage
 Shall be considered legitimate if it is conceived prior to its termination
 Custody and support in case of dispute shall be decided by the court in a proper proceeding.
2. Absolute community property or conjugal partnership
 Shall be dissolved and liquidated
 If either spouse contracted said marriage in bad faith, his or her share shall be forfeited and will
be in favor by the ff. order
1. Common Children
2. Children of the guilty spouse by a previous marriage
3. Children of the innocent spouse
3. Donations by reasons of marriage
 Shall remain valid except that if the donee contracted the marriage in bad faith
4. The innocent spouse may revoke the designation of the other spouse who acted in bad faith as
beneficiary in any insurance policy, even if such designation be stipulated as irrevocable
5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the
innocent spouse by testate and intestate succession.

Void Ab Initio Subsequent Marriage

 If both spouses acted in bad faith
 All donations by reasons of marriage and testamentary dispositions made by one in favor of the other are
revoked by operation of law.

GROUNDS FOR ANNULMENT OF MARRIAGE (VOIDABLE MARRIAGES)

1. Contracting parties with ages of 18-21 years old without parental consent
 Can be filed by:
o The party whose parent or guardian did not give his or her consent within five years after
attaining the age of 21.
o The parent or guardian or person having legal charge if the minor at any time before such party
has reached the age of 21.
2. Psychological Incapacity / Unsound mind of either parties
 Can be filed by:
o The sane spouse who had no knowledge of the other’s insanity
o Any relative guardian or person having legal charge of the insane, at any time before the death
of either party
o The insane spouse during a lucid interval or after regaining sanity
3. Consent was obtained by fraud
 Fraud Circumstances
i. Non-disclosure of a previous conviction by final judgement of the other party of a crime
involving moral turpitude;
ii. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a
man other than her husband
iii. Concealment of a sexually transmitted disease, regardless of its nature, existing at the time of
the marriage
 iv. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at
the time of marriage.
 Can be filed by the injured party within five years after the discovery of the fraud
4. Consent was obtained by force, intimidation or undue influence
 Can be filed by the injured party within five years from the time the force, intimidation or undue
influence disappeared or ceased
5. Continuous and incurable physical incapacity of either parties to consummate the marriage
 Can be filed by the injured party within five years after the marriage
6. Either party was afflicted with a sexually transmissible disease found to be serious and incurable
 Can be filed by the injured party within five years after the marriage

FINAL JUDGEMENT for annulment of marriage

 Shall indicate the ff
1. Liquidation, partition and distribution of the properties of the spouses
o Absolute community property, conjugal partnership
2. The custody and support of the common children
o The court shall give paramount consideration to the moral and material welfare of said children
and their choice of the parent with whom they wish to remain.
o Shall also provide appropriate visitation rights
3. The delivery of their presumptive legitimes
 Must be recorded in the appropriate civil registry and registries of property, otherwise the same shall not affect
third persons

TITLE II – LEGAL SEPARATION (Art 55 – 67)

GROUND FOR LEGAL SEPARATION

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child
of the petitioner
2. Physical violence of moral pressure to compel the petitioner to change religious or political affiliation
3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or inducement
4. Final judgement sentencing the respondent to imprisonment for more than six years, even if pardoned
5. Drug addiction or habitual alcoholism of the respondent
6. Lesbianism or homosexuality of the respondent
7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad
8. Sexual infidelity or perversion
9. Attempt by the respondent against the life of the petitioner
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
Note: Child – child by nature or by adoption

DENIABLE GROUNDS FOR LEGAL SEPARATION

1. Where the aggrieved party has condoned the offense or act complained of
2. Where the aggrieved party has consented to the commission of the offense or act complained of
3. Where there is connivance between the parties in the commission of the offenses or act constituting the ground
for legal separation
4. Where both parties have given ground for legal separation
5. Where there is collusion between the parties to obtain the decree of legal separation
6. Where there is action barred by prescription

LEGAL SEPARATION
 An action of legal separation shall in no case be tried before six months shall have elapsed since the filing of the
petition.
  No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses
and is fully satisfied, despite such efforts, that reconciliation is highly improbable.

EFFECTS OF LEGAL SEPARATION

1. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed.
2. The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse
shall have no rights to the net profits earned by the said properties.
3. The custody of the minor children shall be awarded to the innocent spouse.
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.
Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked
by operation of law.
RECONCILIATION After or During Legal Separation Processes
 Parties must file a corresponding joint manifestation under oath duly signed by them with the court in the same
proceeding for legal separation
 Consequences
1. Pending Legal Separation at whatever stage shall be terminated
2. Final decree for legal separation shall be set aside but the separation of property and any forfeiture of
the share of the guilty spouse already effected shall subsist unless the spouses agree to revive their
former property regime.
a. Reviving the former property regime shall be executed under oath, shall be filed in the court in
the same proceeding for legal separation and shall specify:
i. The properties to be contributed anew to the restored regime
ii. Those to be retained as separated properties of each spouse
iii. The names of all their known creditors, their addresses and the amounts owing to each.
 This shall be recorded in the proper civil registries

TITLE III – RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art 68 - 73

Rights and Obligations Between Husband And Wife

1. To live together, observe mutual love, respect, and fidelity, and render mutual help and support
2. To fix family domicile. In case of disagreement, the court shall decide
3. The spouses are jointly responsible for the support of the family.
4. The management of the household shall be the right and duty of both spouses.
5. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring
danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief.
6. Either spouse may exercise legitimate profession, occupation, business, or activity without the consent of the
other. The latter may object only on valid, serious, and moral grounds.
a. In Case of disagreement the court shall decide whether or not (1) the objection is proper, and (2) Benefit
has accrued to the family prior to the objection or thereafter. If the benefit accrued prior to the
objection, the resulting obligation shall be enforced against the separate property of the spouse who
has not obtained consent.

TITLE IV – PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 1 – General Provisions (Art 74 -81)

Property relations between husband and wife shall be governed in the following order:
1. By marriage settlements executed before the marriage
2. By the provisions of this Code
3. By local customs

MARRIAGE SETTLEMENTS
  May indicates the regime of absolute community, conjugal property of gains, complete separation of property or
any other regime.
 In its absence, the system of absolute community of property shall govern.
 Any modification in it shall only be valid if it is made before the celebration of the marriage.
 Shall be in writing, signed by the parties and executed before the celebration of the marriage.
 A minor can enter into a marriage settlement only if his/her parents/ guardian are entered as parties to the
agreement.
 Validity of marriage settlements executed by a person who sentence of civil interdiction has been pronounced or
who is subject to any other disability, it shall be indispensable for the guardian appointed by a competent court
to be made party thereto.
 In the absence of a contrary stipulation in a marriage settlement, the property relations of the spouse shall be
governed by Philippine laws, regardless of the place of the celebration of marriage and their residence UNLESS:
o Both spouses are aliens
o With respect to extrinsic validity of contracts affecting property not situated in the Philippines and
executed in the country where the property is located.
o With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property
situated in a foreign country whose laws require different formalities for its extrinsic validity.
 Everything stipulated in the settlement or contracts shall be rendered void if the marriage does not take place.
However, stipulations that do not depend upon the celebration of the marriage shall be valid.

CHAPTER 2 – DONATIONS BY REASON OF MARRIAGE (Art 82 – 87)

Donations by reason of marriage
 DEFINITION: Donations made before its celebration, in consideration of the same and in favor of one or both
spouses. 82
 RULES: Governed by the rules on ordinary donations established in Title III Book III of the Civil Code. 83
 SPECIAL RULES
o If the future spouse agrees upon a regime other than the absolute community of property, they cannot
donate each other in their marriage settlements more than one-fifth of their present property. Any
excess shall be considered void. 84
o Donations of future property shall be governed by the provisions on the testamentary succession and
the formalities of wills.
 Donations by reason of marriage of property subject to encumbrances shall be valid,85
o In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the
obligation secured, the done shall not be liable for the deficiency.
o If the property is sold for more than the total amount of said obligation, the done shall be entitled to the
excess.
 REVOKABLE DONATIONS BY REASON OF MARRIAGE 86
1. If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage
settlements not requiring for a celebration of marriage.
2. When the marriage takes place without the consent of the parents or guardian
3. When the marriage is annulled and the done acted in bad faith
4. Upon legal separation, the done being the guilty spouse
5. If it is with a resolutory condition and the condition is complied with
6. When the done has committed an act of ingratitude as specified by the provisions of the Civil Code on
donations in general
 Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during marriage shall
be void, except moderate gifts which the spouses may give each other on the occasion of any family rejoicing.
The prohibition shall also apply to persons living together as husband and wife without a valid marriage.

CHAPTER 3 – SYSTEM OF ABSOLUTE COMMUNITY

Section 1 General Provisions (Art 88-90)

Absolute community property
 Shall only commence at the precise moment the marriage is celebrated
 Any stipulation, express or implied, for the commencement of the community regime at any other time shall be
void.
 Governed by the provisions on co-ownership
Section 2 – What constitute community property (Art 91-92)
 DEFINITION: Consists of all the property owned by the spouses at the time of the celebration of the marriage or
acquired thereafter.
 EXCLUSION
1. Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the
income thereof, if any, unless it is expressly provided by the donor, testator or grantor
2. Property for personal and exclusive use of either spouse except jewelries
3. Property acquired before the marriage by either spouse who has legitimate descendants by a former
marriage and the fruits as well as the income, if any, of such property
 Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one
of those excluded there from.
Section 3 – Charges upon and obligations of the absolute community
 USES/ LIABILITIES
1. The support of the spouse, their common children and legitimate children of either spouse.
2. All debts and obligations contracted during the marriage by the designated administrator-spouse for the
benefit of the community, or by both spouses, or by one spouse with the consent of the other
3. Debts and obligations contracted by either spouse without the consent of the other to the extent that the
family may have been benefited.
4. All taxes, liens, charges and expenses, including major or minor repairs, upon the community property
5. All taxes and expenses for mere preservation made during marriage upon the separate property of either
spouse used by the family
6. Expenses enable either spouse

TITLE V – The Family

CHAPTER 1 – The Family as an Institution

FAMILY
 Foundation of the nation
 A basic social institution which public cherishes and protects
 Family Relations
1. Between Husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, whether of the full or half-blood
 Earnest efforts of compromise should be conducted first before any suit among family members shall prosper

CHAPTER 2 – The Family Home

FAMILY HOME
 Constituted jointly by a husband or wife or an unmarried head of the family
 The dwelling where they and their family reside and the land on which it is situated.
 Deemed constituted on a house and lot from time it is occupied as a family residence
 So long as any of its beneficiaries resides there in, it shall continue to be such and is exempt from execution,
forced sale or attachment.
 ITS BENEFICIARIES
1. The husband and wife or an unmarries person who is the head of a family
2. Their parents, ascendants and descendants, brothers and sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and who depend upon the head of the family for legal
support.
 GROUNDS FOR ITS EXECUTION, FORCED SALE OR ATTACHMENT
1. For non-payment of taxes
2. For debts incurred prior to the constitution of the family home
3. For debts secured by mortgages and on the premises before or after such constitution
4. For debts due to laborers, mechanics architects, builders, materialmen and others who have rendered
service or furnished material for the construction of the building.
 Must be a part of the absolute community property / conjugal partnership / exclusive properties of either
spouse with the latter’s consent.
 May also be constituted by an unmarried head of a family on his or her own property.
 May be sold, alienated, donated, assigned, or encumbered by the owner or owners thereof with the written
consent of the person constituting the same, the latter’s spouse, and a majority of the beneficiaries of legal age.
In case of conflict, the court shall decide.
 Shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of
ten years or for as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court
finds compelling reasons thereof.