CHAPTER 1 ARTICLE 13.

When the laws speak of years, months,

Effect and Application of Laws days or nights, it shall be understood that years are of
three hundred sixty-five days each; months, of thirty
ARTICLE 1. This Act shall be known as the “Civil days; days, of twenty-four hours; and nights from
Code of the Philippines.” (n) sunset to sunrise.

ARTICLE 2. Laws shall take effect after fifteen days If months are designated by their name, they shall be
following the completion of their publication either in computed by the number of days which they
the Official Gazette or in a newspaper of general respectively have.
circulation in the Philippines, unless it is otherwise
provided. In computing a period, the first day shall be excluded,
and the last day included. (7a)
ARTICLE 3. Ignorance of the law excuses no one
from compliance therewith. (2)
ARTICLE 14. Penal laws and those of public security
and safety shall be obligatory upon all who live or
ARTICLE 4. Laws shall have no retroactive effect, sojourn in Philippine territory, subject to the principles
unless the contrary is provided. (3) of public international law and to treaty stipulations.
(8a)
ARTICLE 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void, except ARTICLE 15. Laws relating to family rights and duties,
when the law itself authorizes their validity. (4a) or to the status, condition and legal capacity of
persons are binding upon citizens of the Philippines,
ARTICLE 6. Rights may be waived, unless the waiver even though living abroad. (9a)
is contrary to law, public order, public policy, morals,
or good customs, or prejudicial to a third person with ARTICLE 16. Real property as well as personal
a right recognized by law. (4a) property is subject to the law of the country where it is
situated.
ARTICLE 7. Laws are repealed only by subsequent
ones, and their violation or non-observance shall not However, intestate and testamentary successions,
be excused by disuse, or custom or practice to the both with respect to the order of succession and to
contrary. the amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated
When the courts declare a law to be inconsistent with by the national law of the person whose succession is
the Constitution, the former shall be void and the under consideration, whatever may be the nature of
latter shall govern. the property and regardless of the country wherein
said property may be found. (10a)

Administrative or executive acts, orders and

regulations shall be valid only when they are not ARTICLE 17. The forms and solemnities of contracts,
contrary to the laws or the Constitution. (5a) wills, and other public instruments shall be governed
by the laws of the country in which they are executed.

ARTICLE 8. Judicial decisions applying or interpreting

the laws or the Constitution shall form part of the legal When the acts referred to are executed before the
system of the Philippines. (n) diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in
ARTICLE 9. No judge or court shall decline to render their execution.
judgment by reason of the silence, obscurity or
insufficiency of the laws. (6)
Prohibitive laws concerning persons, their acts or
property, and those which have for their object public
ARTICLE 10. In case of doubt in the interpretation or order, public policy and good customs shall not be
application of laws, it is presumed that the lawmaking rendered ineffective by laws or judgments
body intended right and justice to prevail. (n) promulgated, or by determinations or conventions
agreed upon in a foreign country. (11a)
ARTICLE 11. Customs which are contrary to law,
public order or public policy shall not be ARTICLE 18. In matters which are governed by the
countenanced. (n) Code of Commerce and special laws, their deficiency
shall be supplied by the provisions of this Code. (16a)
ARTICLE 12. A custom must be proved as a fact,
according to the rules of evidence. (n)
 CHAPTER 2 ARTICLE 27. Any person suffering material or moral
Human Relations (n) loss because a public servant or employee refuses or
neglects, without just cause, to perform his official
ARTICLE 19. Every person must, in the exercise of duty may file an action for damages and other relief
his rights and in the performance of his duties, act against the latter, without prejudice to any disciplinary
with justice, give everyone his due, and observe administrative action that may be taken.
honesty and good faith.
ARTICLE 28. Unfair competition in agricultural,
ARTICLE 20. Every person who, contrary to law, commercial or industrial enterprises or in labor
wilfully or negligently causes damage to another, shall through the use of force, intimidation, deceit,
indemnify the latter for the same. machination or any other unjust, oppressive or
highhanded method shall give rise to a right of action
ARTICLE 21. Any person who wilfully causes loss or by the person who thereby suffers damage.
injury to another in a manner that is contrary to
morals, good customs or public policy shall ARTICLE 29. When the accused in a criminal
compensate the latter for the damage. prosecution is acquitted on the ground that his guilt
has not been proved beyond reasonable doubt, a civil
ARTICLE 22. Every person who through an act of action for damages for the same act or omission may
performance by another, or any other means, be instituted. Such action requires only a
acquires or comes into possession of something at preponderance of evidence. Upon motion of the
the expense of the latter without just or legal ground, defendant, the court may require the plaintiff to file a
shall return the same to him. bond to answer for damages in case the complaint
should be found to be malicious.

ARTICLE 23. Even when an act or event causing

damage to another’s property was not due to the fault If in a criminal case the judgment of acquittal is based
or negligence of the defendant, the latter shall be upon reasonable doubt, the court shall so declare. In
liable for indemnity if through the act or event he was the absence of any declaration to that effect, it may
benefited. be inferred from the text of the decision whether or
not the acquittal is due to that ground.

ARTICLE 24. In all contractual, property or other

relations, when one of the parties is at a disadvantage ARTICLE 30. When a separate civil action is brought
on account of his moral dependence, ignorance, to demand civil liability arising from a criminal offense,
indigence, mental weakness, tender age or other and no criminal proceedings are instituted during the
handicap, the courts must be vigilant for his pendency of the civil case, a preponderance of
protection. evidence shall likewise be sufficient to prove the act
complained of.

ARTICLE 25. Thoughtless extravagance in expenses

for pleasure or display during a period of acute public ARTICLE 31. When the civil action is based on an
want or emergency may be stopped by order of the obligation not arising from the act or omission
courts at the instance of any government or private complained of as a felony, such civil action may
charitable institution. proceed independently of the criminal proceedings
and regardless of the result of the latter.

ARTICLE 26. Every person shall respect the dignity,

personality, privacy and peace of mind of his ARTICLE 32. Any public officer or employee, or any
neighbors and other persons. The following and private individual, who directly or indirectly obstructs,
similar acts, though they may not constitute a criminal defeats, violates or in any manner impedes or impairs
offense, shall produce a cause of action for damages, any of the following rights and liberties of another
prevention and other relief: person shall be liable to the latter for damages:

(1) Prying into the privacy of another’s (1) Freedom of religion;

residence; (2) Freedom of speech;
(2) Meddling with or disturbing the private life or (3) Freedom to write for the press or to maintain
family relations of another; dumrrI a periodical publication;
(3) Intriguing to cause another to be alienated (4) Freedom from arbitrary or illegal detention;
from his friends; (5) Freedom of suffrage;
(4) Vexing or humiliating another on account of (6) The right against deprivation of property
his religious beliefs, lowly station in life, without due process of law;
place of birth, physical defect, or other (7) The right to a just compensation when
personal condition. private property is taken for public use;
(8) The right to the equal protection of the laws;
 (9) The right to be secure in one’s person, ARTICLE 34. When a member of a city or municipal
house, papers, and effects against police force refuses or fails to render aid or protection
unreasonable searches and seizures; to any person in case of danger to life or property,
(10) The liberty of abode and of changing the such peace officer shall be primarily liable for
same; damages, and the city or municipality shall be
(11) The privacy of communication and subsidiarily responsible therefor. The civil action
correspondence; cd herein recognized shall be independent of any
(12) The right to become a member of criminal proceedings, and a preponderance of
associations or societies for purposes not evidence shall suffice to support such action.
contrary to law;
(13) The right to take part in a peaceable ARTICLE 35. When a person, claiming to be injured
assembly to petition the Government for by a criminal offense, charges another with the same,
redress of grievances;
for which no independent civil action is granted in this
(14) The right to be free from involuntary Code or any special law, but the justice of the peace
servitude in any form; finds no reasonable grounds to believe that a crime
(15) The right of the accused against excessive has been committed, or the prosecuting attorney
bail; refuses or fails to institute criminal proceedings, the
(16) The right of the accused to be heard by
complainant may bring a civil action for damages
himself and counsel, to be informed of the against the alleged offender. Such civil action may be
nature and cause of the accusation against supported by a preponderance of evidence. Upon the
him, to have a speedy and public trial, to defendant’s motion, the court may require the plaintiff
meet the witnesses face to face, and to have to file a bond to indemnify the defendant in case the
compulsory process to secure the
complaint should be found to be malicious.
attendance of witness in his behalf;
(17) Freedom from being compelled to be a
witness against one’s self, or from being If during the pendency of the civil action, an
forced to confess guilt, or from being induced information should be presented by the prosecuting
by a promise of immunity or reward to make attorney, the civil action shall be suspended until the
such confession, except when the person termination of the criminal proceedings.
confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and ARTICLE 36. Pre-judicial questions, which must be
unusual punishment, unless the same is decided before any criminal prosecution may be
imposed or inflicted in accordance with a instituted or may proceed, shall be governed by rules
statute which has not been judicially of court which the Supreme Court shall promulgate
declared unconstitutional; and and which shall not be in conflict with the provisions of
(19) Freedom of access to the courts. this Code.

In any of the cases referred to in this article, whether

or not the defendant’s act or omission constitutes a
criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil
action for damages, and for other relief. Such civil
action shall proceed independently of any criminal
prosecution (if the latter be instituted), and may be
proved by a preponderance of evidence.

The indemnity shall include moral damages.

Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable

from a judge unless his act or omission constitutes a
violation of the Penal Code or other penal statute.
Pnamei

ARTICLE 33. In cases of defamation, fraud, and

physical injuries, a civil action for damages, entirely
separate and distinct from the criminal action, may be
brought by the injured party. Such civil action shall
proceed independently of the criminal prosecution,
and shall require only a preponderance of evidence.
 BOOK I ARTICLE 43. If there is a doubt, as between two or
Persons more persons who are called to succeed each other,
as to which of them died first, whoever alleges the
TITLE I death of one prior to the other, shall prove the same;
Civil Personality in the absence of proof, it is presumed that they died
at the same time and there shall be no transmission
CHAPTER 1 of rights from one to the other. (33)
General Provisions
CHAPTER 3
ARTICLE 37. Juridical capacity, which is the fitness to Juridical Persons
be the subject of legal relations, is inherent in every
natural person and is lost only through death. ARTICLE 44. The following are juridical persons:
Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost. (n)
(1) The State and its political subdivisions;
ARTICLE 38. Minority, insanity or imbecility, the state
of being a deaf-mute, prodigality and civil interdiction (2) Other corporations, institutions and entities for
are mere restrictions on capacity to act, and do not public interest or purpose, created by law; their
exempt the incapacitated person from certain personality begins as soon as they have been
obligations, as when the latter arise from his acts or constituted according to law;
from property relations, such as easements. (32a)
(3) Corporations, partnerships and associations for
ARTICLE 39. The following circumstances, among private interest or purpose to which the law grants a
others, modify or limit capacity to act: age, insanity, juridical personality, separate and distinct from that of
imbecility, the state of being a deaf-mute, penalty, each shareholder, partner or member. (35a)
prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of ARTICLE 45. Juridical persons mentioned in Nos. 1
these circumstances are governed in this Code, other and 2 of the preceding article are governed by the
codes, the Rules of Court, and in special laws. laws creating or recognizing them.
Capacity to act is not limited on account of religious
belief or political opinion.
Private corporations are regulated by laws of general
application on the subject.
A married woman, twenty-one years of age or over, is
qualified for all acts of civil life, except in cases
specified by law. (n) Partnerships and associations for private interest or
purpose are governed by the provisions of this Code
concerning partnerships. (36 and 37a)
CHAPTER 2
Natural Persons
ARTICLE 46. Juridical persons may acquire and
possess property of all kinds, as well as incur
ARTICLE 40. Birth determines personality; but the obligations and bring civil or criminal actions, in
conceived child shall be considered born for all conformity with the laws and regulations of their
purposes that are favorable to it, provided it be born organization. (38a)
later with the conditions specified in the following
article. (29a)
ARTICLE 47. Upon the dissolution of corporations,
institutions and other entities for public interest or
ARTICLE 41. For civil purposes, the foetus is purpose mentioned in No. 2 of article 44, their
considered born if it is alive at the time it is completely property and other assets shall be disposed of in
delivered from the mother’s womb. However, if the pursuance of law or the charter creating them. If
foetus had an intra-uterine life of less than seven nothing has been specified on this point, the property
months, it is not deemed born if it dies within and other assets shall be applied to similar purposes
twenty-four hours after its complete delivery from the for the benefit of the region, province, city or
maternal womb. (30a) municipality which during the existence of the
institution derived the principal benefits from the
ARTICLE 42. Civil personality is extinguished by same. (39a)
death.

The effect of death upon the rights and obligations of

the deceased is determined by law, by contract and TITLE II
by will. (32a) Citizenship and Domicile
ARTICLE 48. The following are citizens of the Art. 2. No marriage shall be valid, unless these
Philippines: essential requisites are present:

(1) Those who were citizens of the Philippines at the (1) Legal capacity of the contracting parties who must
time of the adoption of the Constitution of the be a male and a female; and
Philippines;
(2) Consent freely given in the presence of the
(2) Those born in the Philippines of foreign parents solemnizing officer. (53a)
who, before the adoption of said Constitution, had
been elected to public office in the Philippines;
Art. 3. The formal requisites of marriage are:

(3) Those whose fathers are citizens of the (1) Authority of the solemnizing officer;
Philippines;

(2) A valid marriage license except in the cases

(4) Those whose mothers are citizens of the provided for in Chapter 2 of this Title; and
Philippines and, upon reaching the age of majority,
elect Philippine citizenship;
(3) A marriage ceremony which takes place with the
appearance of the contracting parties before the
(5) Those who are naturalized in accordance with law. solemnizing officer and their personal declaration that
they take each other as husband and wife in the
ARTICLE 49. Naturalization and the loss and presence of not less than two witnesses of legal age.
reacquisition of citizenship of the Philippines are (53a, 55a)
governed by special laws. (n)
Art. 4. The absence of any of the essential or formal
ARTICLE 50. For the exercise of civil rights and the requisites shall render the marriage void ​ab initio,​
fulfillment of civil obligations, the domicile of natural except as stated in Article 35 (2).
persons is the place of their habitual residence. (40a)
A defect in any of the essential requisites shall not
ARTICLE 51. When the law creating or recognizing affect the validity of the marriage but the party or
them, or any other provision does not fix the domicile parties responsible for the irregularity shall be civilly,
of juridical persons, the same shall be understood to criminally and administratively liable. (n)
be the place where their legal representation is
established or where they exercise their principal Art. 5. Any male or female of the age of eighteen
functions. (41a) years or upwards not under any of the impediments
mentioned in Articles 37 and 38, may contract
THE FAMILY CODE OF THE PHILIPPINES marriage. (54a)

I, CORAZON C. AQUINO, President of the Art. 6. No prescribed form or religious rite for the
Philippines, by virtue of the powers vested in me by solemnization of the marriage is required. It shall be
the Constitution, do hereby order and promulgate the necessary, however, for the contracting parties to
Family Code of the Philippines, as follows: appear personally before the solemnizing officer and
declare in the presence of not less than two witnesses
of legal age that they take each other as husband and
TITLE I
wife. This declaration shall be contained in the
marriage certificate which shall be signed by the
MARRIAGE contracting parties and their witnesses and attested
Chapter 1. Requisites of Marriage by the solemnizing officer.

Article 1. Marriage is a special contract of permanent In case of a marriage in ​articulo mortis​, when the
union between a man and a woman entered into in party at the point of death is unable to sign the
accordance with law for the establishment of conjugal marriage certificate, it shall be sufficient for one of the
and family life. It is the foundation of the family and an witnesses to the marriage to write the name of said
inviolable social institution whose nature, party, which fact shall be attested by the solemnizing
consequences, and incidents are governed by law officer. (55a)
and not subject to stipulation, except that marriage
settlements may fix the property relations during the Art. 7. Marriage may be solemnized by:
marriage within the limits provided by this Code. (52a)
 (1) Any incumbent member of the judiciary (8) Full name, residence and citizenship of the
within the court’s jurisdiction; father;
(2) Any priest, rabbi, imam, or minister of any (9) Full name, residence and citizenship of the
church or religious sect duly authorized by mother; and
his church or religious sect and registered (10) Full name, residence and citizenship of the
with the civil registrar general, acting within guardian or person having charge, in case
the limits of the written authority granted by the contracting party has neither father nor
his church or religious sect and provided that mother and is under the age of twenty-one
at least one of the contracting parties years.
belongs to the solemnizing officer’s church
or religious sect; The applicants, their parents or guardians shall not be
(3) Any ship captain or airplane chief only in the required to exhibit their residence certificates in any
case mentioned in Article 31;
formality in connection with the securing of the
(4) Any military commander of a unit to which a marriage license. (59a)
chaplain is assigned, in the absence of the
latter, during a military operation, likewise
only in the cases mentioned in Article 32; Art. 12. The local civil registrar, upon receiving such
(5) Any consul-general, consul or vice-consul in application, shall require the presentation of the
the case provided in Article 10. (56a) original birth certificates or, in default thereof, the
baptismal certificates of the contracting parties or
copies of such documents duly attested by the
Article. 8. The marriage shall be solemnized publicly persons having custody of the originals. These
in the chambers of the judge or in open court, in the certificates or certified copies of the documents by
church, chapel or temple, or in the office the this Article need not be sworn to and shall be exempt
consul-general, consul or vice-consul, as the case
from the documentary stamp tax. The signature and
may be, and not elsewhere, except in cases of official title of the person issuing the certificate shall
marriages contracted on the point of death or in be sufficient proof of its authenticity.
remote places in accordance with Article 29 of this
Code, or where both of the parties request the
solemnizing officer in writing in which case the If either of the contracting parties is unable to produce
marriage may be solemnized at a house or place his birth or baptismal certificate or a certified copy of
designated by them in a sworn statement to that either because of the destruction or loss of the
effect. (57a) original or if it is shown by an affidavit of such party or
of any other person that such birth or baptismal
certificate has not yet been received though the same
Art. 9. A marriage license shall be issued by the local has been required of the person having custody
civil registrar of the city or municipality where either
thereof at least fifteen days prior to the date of the
contracting party habitually resides, except in application, such party may furnish in lieu thereof his
marriages where no license is required in accordance current residence certificate or an instrument drawn
with Chapter 2 of this Title. (58a) up and sworn to before the local civil registrar
concerned or any public official authorized to
Art. 10. Marriages between Filipino citizens abroad administer oaths. Such instrument shall contain the
may be solemnized by a consul-general, consul or sworn declaration of two witnesses of lawful age,
vice-consul of the Republic of the Philippines. The setting forth the full name, residence and citizenship
issuance of the marriage license and the duties of the of such contracting party and of his or her parents, if
local civil registrar and of the solemnizing officer with known, and the place and date of birth of such party.
regard to the celebration of marriage shall be The nearest of kin of the contracting parties shall be
performed by said consular official. (75a) preferred as witnesses, or, in their default, persons of
good reputation in the province or the locality.
Art. 11. Where a marriage license is required, each of
the contracting parties shall file separately a sworn The presentation of birth or baptismal certificate shall
application for such license with the proper local civil not be required if the parents of the contracting
registrar which shall specify the following: parties appear personally before the local civil
registrar concerned and swear to the correctness of
(1) Full name of the contracting party; the lawful age of said parties, as stated in the
(2) Place of birth; application, or when the local civil registrar shall, by
(3) Age and date of birth; merely looking at the applicants upon their personally
(4) Civil status; appearing before him, be convinced that either or
both of them have the required age. (60a)
(5) If previously married, how, when and where
the previous marriage was dissolved or
annulled; Art. 13. In case either of the contracting parties has
(6) Present residence and citizenship; been previously married, the applicant shall be
(7) Degree of relationship of the contracting required to furnish, instead of the birth or baptismal
parties; certificate required in the last preceding article, the
death certificate of the deceased spouse or the must be present at the counseling referred to in the
judicial decree of the absolute divorce, or the judicial preceding paragraph. (n)
decree of annulment or declaration of nullity of his or
her previous marriage. Art. 17. The local civil registrar shall prepare a notice
which shall contain the full names and residences of
In case the death certificate cannot be secured, the the applicants for a marriage license and other data
party shall make an affidavit setting forth this given in the applications. The notice shall be posted
circumstance and his or her actual civil status and the for ten consecutive days on a bulletin board outside
name and date of death of the deceased spouse. the office of the local civil registrar located in a
(61a) conspicuous place within the building and accessible
to the general public. This notice shall request all
Art. 14. In case either or both of the contracting persons having knowledge of any impediment to the
parties, not having been emancipated by a previous marriage to advise the local civil registrar thereof. The
marriage license shall be issued after the completion
marriage, are between the ages of eighteen and
twenty-one, they shall, in addition to the requirements of the period of publication. (63a)
of the preceding articles, exhibit to the local civil
registrar, the consent to their marriage of their father, Art. 18. In case of any impediment known to the local
mother, surviving parent or guardian, or persons civil registrar or brought to his attention, he shall note
having legal charge of them, in the order mentioned. down the particulars thereof and his findings thereon
Such consent shall be manifested in writing by the in the application for marriage license, but shall
interested party, who personally appears before the nonetheless issue said license after the completion of
proper local civil registrar, or in the form of an affidavit the period of publication, unless ordered otherwise by
made in the presence of two witnesses and attested a competent court at his own instance or that of any
before any official authorized by law to administer interest party. No filing fee shall be charged for the
oaths. The personal manifestation shall be recorded petition nor a corresponding bond required for the
in both applications for marriage license, and the issuances of the order. (64a)
affidavit, if one is executed instead, shall be attached
to said applications. (61a) Art. 19. The local civil registrar shall require the
payment of the fees prescribed by law or regulations
Art. 15. Any contracting party between the age of before the issuance of the marriage license. No other
twenty-one and twenty-five shall be obliged to ask sum shall be collected in the nature of a fee or tax of
their parents or guardian for advice upon the intended any kind for the issuance of said license. It shall,
marriage. If they do not obtain such advice, or if it be however, be issued free of charge to indigent parties,
unfavorable, the marriage license shall not be issued that is those who have no visible means of income or
till after three months following the completion of the whose income is insufficient for their subsistence a
publication of the application therefor. A sworn fact established by their affidavit, or by their oath
statement by the contracting parties to the effect that before the local civil registrar. (65a)
such advice has been sought, together with the
written advice given, if any, shall be attached to the Art. 20. The license shall be valid in any part of the
application for marriage license. Should the parents or Philippines for a period of one hundred twenty days
guardian refuse to give any advice, this fact shall be
from the date of issue, and shall be deemed
stated in the sworn statement. (62a) automatically canceled at the expiration of the said
period if the contracting parties have not made use of
Art. 16. In the cases where parental consent or it. The expiry date shall be stamped in bold characters
parental advice is needed, the party or parties on the face of every license issued. (65a)
concerned shall, in addition to the requirements of the
preceding articles, attach a certificate issued by a
Art. 21. When either or both of the contracting parties
priest, imam or minister authorized to solemnize are citizens of a foreign country, it shall be necessary
marriage under Article 7 of this Code or a marriage for them before a marriage license can be obtained,
counselor duly accredited by the proper government to submit a certificate of legal capacity to contract
agency to the effect that the contracting parties have marriage, issued by their respective diplomatic or
undergone marriage counseling. Failure to attach said
consular officials.
certificates of marriage counseling shall suspend the
issuance of the marriage license for a period of three
months from the completion of the publication of the Stateless persons or refugees from other countries
application. Issuance of the marriage license within shall, in lieu of the certificate of legal capacity herein
the prohibited period shall subject the issuing officer required, submit an affidavit stating the circumstances
to administrative sanctions but shall not affect the showing such capacity to contract marriage. (66a)
validity of the marriage.
Art. 22. The marriage certificate, in which the parties
Should only one of the contracting parties need shall declare that they take each other as husband
parental consent or parental advice, the other party and wife, shall also state:
 (1) The full name, sex and age of each thereafter validly obtained abroad by the alien spouse
contracting party; capacitating him or her to remarry, the Filipino spouse
(2) Their citizenship, religion and habitual shall have capacity to remarry under Philippine law.
residence; (As amended by Executive Order 227)
(3) The date and precise time of the celebration
of the marriage; Chapter 2. Marriages Exempted from License
(4) That the proper marriage license has been Requirement
issued according to law, except in marriage
provided for in Chapter 2 of this Title;
(5) That either or both of the contracting parties Art. 27. In case either or both of the contracting
have secured the parental consent in parties are at the point of death, the marriage may be
appropriate cases; solemnized without necessity of a marriage license
(6) That either or both of the contracting parties and shall remain valid even if the ailing party
have complied with the legal requirement subsequently survives. (72a)
regarding parental advice in appropriate
cases; and Art. 28. If the residence of either party is so located
(7) That the parties have entered into marriage that there is no means of transportation to enable
settlement, if any, attaching a copy thereof. such party to appear personally before the local civil
(67a) registrar, the marriage may be solemnized without
necessity of a marriage license. (72a)
Art. 23. It shall be the duty of the person solemnizing
the marriage to furnish either of the contracting Art. 29. In the cases provided for in the two preceding
parties the original of the marriage certificate referred articles, the solemnizing officer shall state in an
to in Article 6 and to send the duplicate and triplicate affidavit executed before the local civil registrar or any
copies of the certificate not later than fifteen days other person legally authorized to administer oaths
after the marriage, to the local civil registrar of the that the marriage was performed in ​articulo mortis o ​ r
place where the marriage was solemnized. Proper that the residence of either party, specifying the barrio
receipts shall be issued by the local civil registrar to or barangay, is so located that there is no means of
the solemnizing officer transmitting copies of the transportation to enable such party to appear
marriage certificate. The solemnizing officer shall personally before the local civil registrar and that the
retain in his file the quadruplicate copy of the officer took the necessary steps to ascertain the ages
marriage certificate, the copy of the marriage and relationship of the contracting parties and the
certificate, the original of the marriage license and, in absence of legal impediment to the marriage. (72a)
proper cases, the affidavit of the contracting party
regarding the solemnization of the marriage in place
other than those mentioned in Article 8. (68a) Art. 30. The original of the affidavit required in the last
preceding article, together with the legible copy of the
marriage contract, shall be sent by the person
Art. 24. It shall be the duty of the local civil registrar to solemnizing the marriage to the local civil registrar of
prepare the documents required by this Title, and to the municipality where it was performed within the
administer oaths to all interested parties without any period of thirty days after the performance of the
charge in both cases. The documents and affidavits marriage. (75a)
filed in connection with applications for marriage
licenses shall be exempt from documentary stamp
tax. (n) Art. 31. A marriage in articulo mortis between
passengers or crew members may also be
solemnized by a ship captain or by an airplane pilot
Art. 25. The local civil registrar concerned shall enter not only while the ship is at sea or the plane is in
all applications for marriage licenses filed with him in flight, but also during stopovers at ports of call. (74a)
a registry book strictly in the order in which the same
are received. He shall record in said book the names
of the applicants, the date on which the marriage Art. 32. A military commander of a unit, who is a
license was issued, and such other data as may be commissioned officer, shall likewise have authority to
necessary. (n) solemnize marriages in articulo mortis between
persons within the zone of military operation, whether
members of the armed forces or civilians. (74a)
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there Art. 33. Marriages among Muslims or among
as such, shall also be valid in this country, except members of the ethnic cultural communities may be
those prohibited under Articles 35 (1), (4), (5) and (6), performed validly without the necessity of marriage
3637 and 38. (17a) license, provided they are solemnized in accordance
with their customs, rites or practices. (78a)
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
Art. 34. No license shall be necessary for the (4) Between the adopting parent and the
marriage of a man and a woman who have lived adopted child;
together as husband and wife for at least five years (5) Between the surviving spouse of the
and without any legal impediment to marry each adopting parent and the adopted child;
other. The contracting parties shall state the foregoing (6) Between the surviving spouse of the adopted
facts in an affidavit before any person authorized by child and the adopter;
law to administer oaths. The solemnizing officer shall (7) Between an adopted child and a legitimate
also state under oath that he ascertained the child of the adopter;
qualifications of the contracting parties are found no (8) Between adopted children of the same
legal impediment to the marriage. (76a) adopter; and
(9) Between parties where one, with the
Chapter 3. Void and Voidable Marriages intention to marry the other, killed that other
person’s spouse, or his or her own spouse.
(82)
Art. 35. The following marriages shall be void from the
beginning:
Art. 39. The action or defense for the declaration of
absolute nullity of a marriage shall not prescribe. (As
(1) Those contracted by any party below amended by Executive Order 227 and Republic Act
eighteen years of age even with the consent No. 8533; The phrase ​“However, in case of marriage
of parents or guardians; celebrated before the effectivity of this Code and
(2) Those solemnized by any person not legally falling under Article 36, such action or defense shall
authorized to perform marriages unless such prescribe in ten years after this Code shall taken
marriages were contracted with either or effect” ​has been deleted by Republic Act No. 8533
both parties believing in good faith that the [Approved February 23, 1998]).
solemnizing officer had the legal authority to
do so;
(3) Those solemnized without license, except Art. 40. The absolute nullity of a previous marriage
those covered the preceding Chapter; may be invoked for purposes of remarriage on the
(4) Those bigamous or polygamous marriages basis solely of a final judgment declaring such
not failing under Article 41; previous marriage void. (n)
(5) Those contracted through mistake of one
contracting party as to the identity of the Art. 41. A marriage contracted by any person during
other; and subsistence of a previous marriage shall be null and
(6) Those subsequent marriages that are void void, unless before the celebration of the subsequent
under Article 53. marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a
well-founded belief that the absent spouse was
Art. 36. A marriage contracted by any party who, at
the time of the celebration, was psychologically already dead. In case of disappearance where there
incapacitated to comply with the essential marital is danger of death under the circumstances set forth
obligations of marriage, shall likewise be void even if in the provisions of Article 391 of the Civil Code, an
such incapacity becomes manifest only after its absence of only two years shall be sufficient.
solemnization. (As amended by Executive Order 227)
For the purpose of contracting the subsequent
Art. 37. Marriages between the following are marriage under the preceding paragraph the spouse
incestuous and void from the beginning, whether present must institute a summary proceeding as
relationship between the parties be legitimate or provided in this Code for the declaration of
illegitimate: presumptive death of the absentee, without prejudice
to the effect of reappearance of the absent spouse.
(83a)
(1) Between ascendants and descendants of
any degree; and
(2) Between brothers and sisters, whether of the Art. 42. The subsequent marriage referred to in the
full or half blood. (81a) preceding Article shall be automatically terminated by
the recording of the affidavit of reappearance of the
absent spouse, unless there is a judgment annulling
Art. 38. The following marriages shall be void from the the previous marriage or declaring it void ​ab initio.​
beginning for reasons of public policy:
A sworn statement of the fact and circumstances of
(1) Between collateral blood relatives whether reappearance shall be recorded in the civil registry of
legitimate or illegitimate, up to the fourth civil the residence of the parties to the subsequent
degree; marriage at the instance of any interested person,
(2) Between step-parents and step-children; with due notice to the spouses of the subsequent
(3) Between parents-in-law and children-in-law; marriage and without prejudice to the fact of
reappearance being judicially determined in case constituting the fraud, freely cohabited with
such fact is disputed. (n) the other as husband and wife;
(4) That the consent of either party was
Art. 43. The termination of the subsequent marriage obtained by force, intimidation or undue
referred to in the preceding Article shall produce the influence, unless the same having
following effects: disappeared or ceased, such party thereafter
freely cohabited with the other as husband
and wife;
(1) The children of the subsequent marriage (5) That either party was physically incapable of
conceived prior to its termination shall be consummating the marriage with the other,
considered legitimate; and such incapacity continues and appears
(2) The absolute community of property or the to be incurable; or
conjugal partnership, as the case may be, (6) That either party was afflicted with a
shall be dissolved and liquidated, but if either sexually-transmissible disease found to be
spouse contracted said marriage in bad faith, serious and appears to be incurable. (85a)
his or her share of the net profits of the
community property or conjugal partnership
property shall be forfeited in favor of the Art. 46. Any of the following circumstances shall
common children or, if there are none, the constitute fraud referred to in Number 3 of the
preceding Article:
children of the guilty spouse by a previous
marriage or in default of children, the
innocent spouse; (1) Non-disclosure of a previous conviction by final
(3) Donations by reason of marriage shall judgment of the other party of a crime involving moral
remain valid, except that if the donee turpitude;
contracted the marriage in bad faith, such
donations made to said donee are revoked
(2) Concealment by the wife of the fact that at the
by operation of law; time of the marriage, she was pregnant by a man
(4) The innocent spouse may revoke the other than her husband;
designation of the other spouse who acted in
bad faith as beneficiary in any insurance
policy, even if such designation be stipulated (3) Concealment of sexually transmissible disease,
as irrevocable; and regardless of its nature, existing at the time of the
(5) The spouse who contracted the subsequent marriage; or
marriage in bad faith shall be disqualified to
inherit from the innocent spouse by testate (4) Concealment of drug addiction, habitual
and intestate succession. (n) alcoholism or homosexuality or lesbianism existing at
the time of the marriage.
Art. 44. If both spouses of the subsequent marriage
acted in bad faith, said marriage shall be void ​ab initio No other misrepresentation or deceit as to character,
and all donations by reason of marriage and health, rank, fortune or chastity shall constitute such
testamentary dispositions made by one in favor of the fraud as will give grounds for action for the annulment
other are revoked by operation of law. (n) of marriage. (86a)

Art. 45. A marriage may be annulled for any of the Art. 47. The action for annulment of marriage must be
following causes, existing at the time of the marriage: filed by the following persons and within the periods
indicated herein:
(1) That the party in whose behalf it is sought to
have the marriage annulled was eighteen (1) For causes mentioned in number 1 of Article
years of age or over but below twenty-one, 45 by the party whose parent or guardian did
and the marriage was solemnized without not give his or her consent, within five years
the consent of the parents, guardian or after attaining the age of twenty-one, or by
person having substitute parental authority the parent or guardian or person having legal
over the party, in that order, unless after charge of the minor, at any time before such
attaining the age of twenty-one, such party party has reached the age of twenty-one;
freely cohabited with the other and both lived (2) For causes mentioned in number 2 of Article
together as husband and wife; 45, by the same spouse, who had no
(2) That either party was of unsound mind, knowledge of the other’s insanity; or by any
unless such party after coming to reason, relative or guardian or person having legal
freely cohabited with the other as husband charge of the insane, at any time before the
and wife; death of either party, or by the insane
(3) That the consent of either party was spouse during a lucid interval or after
obtained by fraud, unless such party regaining sanity;
afterwards, with full knowledge of the facts
 (3) For causes mentioned in number 3 of Article the parties, by mutual agreement judicially approved,
45, by the injured party, within five years had already provided for such matters.
after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article The children or their guardian or the trustee of their
45, by the injured party, within five years property may ask for the enforcement of the
from the time the force, intimidation or undue judgment.
influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of
Article 45, by the injured party, within five The delivery of the presumptive legitimes herein
years after the marriage. (87a) prescribed shall in no way prejudice the ultimate
successional rights of the children accruing upon the
death of either of both of the parents; but the value of
Art. 48. In all cases of annulment or declaration of the properties already received under the decree of
absolute nullity of marriage, the Court shall order the annulment or absolute nullity shall be considered as
prosecuting attorney or fiscal assigned to it to appear
advances on their legitime. (n)
on behalf of the State to take steps to prevent
collusion between the parties and to take care that
evidence is not fabricated or suppressed. Art. 52. The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution of
the properties of the spouses and the delivery of the
In the cases referred to in the preceding paragraph, children’s presumptive legitimes shall be recorded in
no judgment shall be based upon a stipulation of facts
the appropriate civil registry and registries of property;
or confession of judgment. (88a) otherwise, the same shall not affect third persons. (n)

Art. 49. During the pendency of the action and in the Art. 53. Either of the former spouses may marry again
absence of adequate provisions in a written after compliance with the requirements of the
agreement between the spouses, the Court shall immediately preceding Article; otherwise, the
provide for the support of the spouses and the
subsequent marriage shall be null and void.
custody and support of their common children. The
Court shall give paramount consideration to the moral
and material welfare of said children and their choice Art. 54. Children conceived or born before the
of the parent with whom they wish to remain as judgment of annulment or absolute nullity of the
provided to in Title IX. It shall also provide for marriage under Article 36 has become final and
appropriate visitation rights of the other parent. (n) executory shall be considered legitimate. Children
conceived or born of the subsequent marriage under
Article 53 shall likewise be legitimate.
Art. 50. The effects provided for by paragraphs (2),
(3), (4) and (5) of Article 43 and by Article 44 shall
also apply in the proper cases to marriages which are TITLE II
declared ab initio or annulled by final judgment under
Articles 40 and 45. LEGAL SEPARATION
Art. 55. A petition for legal separation may be filed on
The final judgment in such cases shall provide for the any of the following grounds:
liquidation, partition and distribution of the properties
of the spouses, the custody and support of the
common children, and the delivery of third (1) Repeated physical violence or grossly
presumptive legitimes, unless such matters had been abusive conduct directed against the
adjudicated in previous judicial proceedings. petitioner, a common child, or a child of the
petitioner;
(2) Physical violence or moral pressure to
All creditors of the spouses as well as of the absolute compel the petitioner to change religious or
community or the conjugal partnership shall be political affiliation;
notified of the proceedings for liquidation. (3) Attempt of respondent to corrupt or induce
the petitioner, a common child, or a child of
In the partition, the conjugal dwelling and the lot on the petitioner, to engage in prostitution, or
which it is situated, shall be adjudicated in connivance in such corruption or
accordance with the provisions of Articles 102 and inducement;
129. (4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if
pardoned;
Art. 51. In said partition, the value of the presumptive (5) Drug addiction or habitual alcoholism of the
legitimes of all common children, computed as of the respondent;
date of the final judgment of the trial court, shall be (6) Lesbianism or homosexuality of the
delivered in cash, property or sound securities, unless respondent;
 (7) Contracting by the respondent of a Art. 61. After the filing of the petition for legal
subsequent bigamous marriage, whether in separation, the spouses shall be entitled to live
the Philippines or abroad; separately from each other.
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of The court, in the absence of a written agreement
the petitioner; or between the spouses, shall designate either of them
(10) Abandonment of petitioner by respondent or a third person to administer the absolute
without justifiable cause for more than one
community or conjugal partnership property. The
year. administrator appointed by the court shall have the
same powers and duties as those of a guardian under
For purposes of this Article, the term ​“child” shall the Rules of Court. (104a)
include a child by nature or by adoption. (9a)
Art. 62. During the pendency of the action for legal
Art. 56. The petition for legal separation shall be separation, the provisions of Article 49 shall likewise
denied on any of the following grounds: apply to the support of the spouses and the custody
and support of the common children. (105a)
(1) Where the aggrieved party has condoned the
offense or act complained of; Art. 63. The decree of legal separation shall have the
following effects:
(2) Where the aggrieved party has consented to the
commission of the offense or act complained of; (1) The spouses shall be entitled to live separately
from each other, but the marriage bonds shall not be
(3) Where there is connivance between the parties in severed;
the commission of the offense or act constituting the
ground for legal separation; (2) The absolute community or the conjugal
partnership shall be dissolved and liquidated but the
(4) Where both parties have given ground for legal offending spouse shall have no right to any share of
the net profits earned by the absolute community or
separation;
the conjugal partnership, which shall be forfeited in
accordance with the provisions of Article 43(2);
(5) Where there is collusion between the parties to
obtain decree of legal separation; or
(3) The custody of the minor children shall be
awarded to the innocent spouse, subject to the
(6) Where the action is barred by prescription. (100a) provisions of Article 213 of this Code; and

Art. 57. An action for legal separation shall be filed (4) The offending spouse shall be disqualified from
within five years from the time of the occurrence of inheriting from the innocent spouse by intestate
the cause. (102) succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent
Art. 58. An action for legal separation shall in no case spouse shall be revoked by operation of law. (106a)
be tried before six months shall have elapsed since
the filing of the petition. (103) Art. 64. After the finality of the decree of legal
separation, the innocent spouse may revoke the
Art. 59. No legal separation may be decreed unless donations made by him or by her in favor of the
the Court has taken steps toward the reconciliation of offending spouse, as well as the designation of the
the spouses and is fully satisfied, despite such efforts, latter as beneficiary in any insurance policy, even if
that reconciliation is highly improbable. (n) such designation be stipulated as irrevocable. The
revocation of the donations shall be recorded in the
registries of property in the places where the
Art. 60. No decree of legal separation shall be based properties are located. Alienations, liens and
upon a stipulation of facts or a confession of encumbrances registered in good faith before the
judgment. recording of the complaint for revocation in the
registries of property shall be respected. The
In any case, the Court shall order the prosecuting revocation of or change in the designation of the
attorney or fiscal assigned to it to take steps to insurance beneficiary shall take effect upon written
prevent collusion between the parties and to take care notification thereof to the insured.
that the evidence is not fabricated or suppressed.
(101a) The action to revoke the donation under this Article
must be brought within five years from the time the
decree of legal separation become final. (107a)
Art. 65. If the spouses should reconcile, a The court may exempt one spouse from living with the
corresponding joint manifestation under oath duly other if the latter should live abroad or there are other
signed by them shall be filed with the court in the valid and compelling reasons for the exemption.
same proceeding for legal separation. (n) However, such exemption shall not apply if the same
is not compatible with the solidarity of the family.
Art. 66. The reconciliation referred to in the preceding (110a)
Articles shall have the following consequences:
Art. 70. The spouses are jointly responsible for the
support of the family. The expenses for such support
(1) The legal separation proceedings, if still pending,
shall thereby be terminated at whatever stage; and and other conjugal obligations shall be paid from the
community property and, in the absence thereof, from
the income or fruits of their separate properties. In
(2) The final decree of legal separation shall be set case of insufficiency or absence of said income or
aside, but the separation of property and any fruits, such obligations shall be satisfied from the
forfeiture of the share of the guilty spouse already separate properties. (111a)
effected shall subsist, unless the spouses agree to
revive their former property regime.
Art. 71. The management of the household shall be
the right and the duty of both spouses. The expenses
The court’s order containing the foregoing shall be for such management shall be paid in accordance
recorded in the proper civil registries. (108a) with the provisions of Article 70. (115a)

Art. 67. The agreement to revive the former property Art. 72. When one of the spouses neglects his or her
regime referred to in the preceding Article shall be duties to the conjugal union or commits acts which
executed under oath and shall specify: tend to bring danger, dishonor or injury to the other or
to the family, the aggrieved party may apply to the
(1) The properties to be contributed anew to the court for relief. (116a)
restored regime;
Art. 73. Either spouse may exercise any legitimate
(2) Those to be retained as separated properties of profession, occupation, business or activity without
each spouse; and the consent of the other. The latter may object only on
valid, serious, and moral grounds.
(3) The names of all their known creditors, their
addresses and the amounts owing to each. In case of disagreement, the court shall decide
whether or not:

The agreement of revival and the motion for its

approval shall be filed with the court in the same (1) The objection is proper; and
proceeding for legal separation, with copies of both
furnished to the creditors named therein. After due (2) Benefit has occurred to the family prior to the
hearing, the court shall, in its order, take measure to objection or thereafter. If the benefit accrued prior to
protect the interest of creditors and such order shall the objection, the resulting obligation shall be
be recorded in the proper registries of properties. enforced against the separate property of the spouse
who has not obtained consent.
The recording of the ordering in the registries of
property shall not prejudice any creditor not listed or The foregoing provisions shall not prejudice the rights
not notified, unless the debtor-spouse has sufficient of creditors who acted in good faith. (117a)
separate properties to satisfy the creditor’s claim.
(195a, 108a)
TITLE IV

TITLE III
PROPERTY RELATIONS BETWEEN HUSBAND
AND WIFE
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND
AND WIFE CHAPTER 1. GENERAL PROVISIONS
Art. 68. The husband and wife are obliged to live Art. 74. The property relationship between husband
together, observe mutual love, respect and fidelity, and wife shall be governed in the following order:
and render mutual help and support. (109a)
(1) By marriage settlements executed before the
Art. 69. The husband and wife shall fix the family marriage;
domicile. In case of disagreement, the court shall
decide.
(2) By the provisions of this Code; and Art. 81. Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration of a future marriage, including
(3) By the local custom. (118)
donations between the prospective spouses made
therein, shall be rendered void if the marriage does
Art. 75. The future spouses may, in the marriage not take place. However, stipulations that do not
settlements, agree upon the regime of absolute depend upon the celebration of the marriages shall be
community, conjugal partnership of gains, complete valid. (125a)
separation of property, or any other regime. In the
absence of a marriage settlement, or when the regime
agreed upon is void, the system of absolute Chapter 2. Donations by Reason of Marriage
community of property as established in this Code
shall govern. (119a) Art. 82. Donations by reason of marriage are those
which are made before its celebration, in
Art. 76. In order that any modification in the marriage consideration of the same, and in favor of one or both
of the future spouses. (126)
settlements may be valid, it must be made before the
celebration of the marriage, subject to the provisions
of Articles 66, 67, 128, 135 and 136. (121) Art. 83. These donations are governed by the rules on
ordinary donations established in Title III of Book III of
Art. 77. The marriage settlements and any the Civil Code, insofar as they are not modified by the
modification thereof shall be in writing, signed by the following articles. (127a)
parties and executed before the celebration of the
marriage. They shall not prejudice third persons Art. 84. If the future spouses agree upon a regime
unless they are registered in the local civil registry other than the absolute community of property, they
where the marriage contract is recorded as well as in cannot donate to each other in their marriage
the proper registries of properties. (122a) settlements more than one-fifth of their present
property. Any excess shall be considered void.
Art. 78. A minor who according to law may contract
marriage may also execute his or her marriage Donations of future property shall be governed by the
settlements, but they shall be valid only if the persons provisions on testamentary succession and the
designated in Article 14 to give consent to the formalities of wills. (130a)
marriage are made parties to the agreement, subject
to the provisions of Title IX of this Code. (120a) Art. 85. Donations by reason of marriage of property
subject to encumbrances shall be valid. In case of
Art. 79. For the validity of any marriage settlement foreclosure of the encumbrance and the property is
executed by a person upon whom a sentence of civil sold for less than the total amount of the obligation
interdiction has been pronounced or who is subject to secured, the donee shall not be liable for the
any other disability, it shall be indispensable for the deficiency. If the property is sold for more than the
guardian appointed by a competent court to be made total amount of said obligation, the donee shall be
a party thereto. (123a) entitled to the excess. (131a)

Art. 80. In the absence of a contrary stipulation in a Art. 86. A donation by reason of marriage may be
marriage settlement, the property relations of the revoked by the donor in the following cases:
spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the (1) If the marriage is not celebrated or judicially
marriage and their residence.
declared void ab initio except donations made in the
marriage settlements, which shall be governed by
This rule shall not apply: Article 81;

(1) Where both spouses are aliens; (2) When the marriage takes place without the
consent of the parents or guardian, as required by
(2) With respect to the extrinsic validity of contracts law;
affecting property not situated in the Philippines and
executed in the country where the property is located; (3) When the marriage is annulled, and the donee
and acted in bad faith;

(3) With respect to the extrinsic validity of contracts (4) Upon legal separation, the donee being the guilty
entered into in the Philippines but affecting property spouse;
situated in a foreign country whose laws require
different formalities for its extrinsic validity. (124a)
(5) If it is with a resolutory condition and the condition (2) Property for personal and exclusive use of either
is complied with; spouse. However, jewelry shall form part of the
community property;
(6) When the donee has committed an act of
ingratitude as specified by the provisions of the Civil (3) Property acquired before the marriage by either
Code on donations in general. (132a) spouse who has legitimate descendants by a former
marriage, and the fruits as well as the income, if any,
Art. 87. Every donation or grant of gratuitous of such property. (201a)
advantage, direct or indirect, between the spouses
during the marriage shall be void, except moderate Art. 93. Property acquired during the marriage is
gifts which the spouses may give each other on the presumed to belong to the community, unless it is
occasion of any family rejoicing. The prohibition shall proved that it is one of those excluded therefrom.
also apply to persons living together as husband and (160)
wife without a valid marriage. (133a)
Section 3. Charges and Obligations of the
Chapter 3. System of Absolute Community Absolute Community

SECTION 1. GENERAL PROVISIONS Art. 94. The absolute community of property shall be
Art. 88. The absolute community of property between liable for:
spouses shall commence at the precise moment that
the marriage is celebrated. Any stipulation, express or (1) The support of the spouses, their common
implied, for the commencement of the community children, and legitimate children of either spouse;
regime at any other time shall be void. (145a) however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;
Art. 89. No waiver of rights, shares and effects of the
absolute community of property during the marriage (2) All debts and obligations contracted during the
can be made except in case of judicial separation of marriage by the designated administrator-spouse for
property. the benefit of the community, or by both spouses, or
by one spouse with the consent of the other;
When the waiver takes place upon a judicial
separation of property, or after the marriage has been (3) Debts and obligations contracted by either spouse
dissolved or annulled, the same shall appear in a without the consent of the other to the extent that the
public instrument and shall be recorded as provided in family may have been benefited;
Article 77. The creditors of the spouse who made
such waiver may petition the court to rescind the
waiver to the extent of the amount sufficient to cover (4) All taxes, liens, charges and expenses, including
the amount of their credits. (146a) major or minor repairs, upon the community property;

Art. 90. The provisions on co-ownership shall apply to (5) All taxes and expenses for mere preservation
the absolute community of property between the made during marriage upon the separate property of
spouses in all matters not provided for in this Chapter. either spouse used by the family;
(n)
(6) Expenses to enable either spouse to commence
Section 2. What Constitutes Community Property or complete a professional or vocational course, or
other activity for self-improvement;
Art. 91. Unless otherwise provided in this Chapter or
in the marriage settlements, the community property (7) Ante-nuptial debts of either spouse insofar as they
shall consist of all the property owned by the spouses have redounded to the benefit of the family;
at the time of the celebration of the marriage or
acquired thereafter. (197a) (8) The value of what is donated or promised by both
spouses in favor of their common legitimate children
Art. 92. The following shall be excluded from the for the exclusive purpose of commencing or
community property: completing a professional or vocational course or
other activity for self-improvement;
(1) Property acquired during the marriage by
gratuitous title by either spouse, and the fruits as well (9) Ante-nuptial debts of either spouse other than
as the income thereof, if any, unless it is expressly those falling under paragraph (7) of this Article, the
provided by the donor, testator or grantor that they support of illegitimate children of either spouse, and
shall form part of the community property; liabilities incurred by either spouse by reason of a
crime or a quasi-delict, in case of absence or Section 5. Dissolution of Absolute Community
insufficiency of the exclusive property of the Regime
debtor-spouse, the payment of which shall be
considered as advances to be deducted from the Art. 99. The absolute community terminates:
share of the debtor-spouse upon liquidation of the
community; and
(1) Upon the death of either spouse;
(10) Expenses of litigation between the spouses
unless the suit is found to be groundless. (2) When there is a decree of legal separation;

If the community property is insufficient to cover the (3) When the marriage is annulled or declared void; or
foregoing liabilities, except those falling under
paragraph (9), the spouses shall be solidarily liable for (4) In case of judicial separation of property during the
the unpaid balance with their separate properties. marriage under Articles 134 to 138. (175a)
(161a, 162a, 163a, 202a-205a)

Art. 100. The separation in fact between husband and

Art. 95. Whatever may be lost during the marriage in wife shall not affect the regime of absolute community
any game of chance, betting, sweepstakes, or any except that:
other kind of gambling, whether permitted or
prohibited by law, shall be borne by the loser and
shall not be charged to the community but any (1) The spouse who leaves the conjugal home or
winnings therefrom shall form part of the community refuses to live therein, without just cause, shall not
property. (164a) have the right to be supported;

Section 4. Ownership, Administrative, (2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be obtained in a summary
ENJOYMENT AND DISPOSITION OF THE proceeding;
COMMUNITY PROPERTY
Art. 96. The administration and enjoyment of the
community property shall belong to both spouses (3) In the absence of sufficient community property,
jointly. In case of disagreement, the husband’s the separate property of both spouses shall be
decision shall prevail, subject to recourse to the court solidarily liable for the support of the family. The
by the wife for proper remedy, which must be availed spouse present shall, upon proper petition in a
of within five years from the date of the contract summary proceeding, be given judicial authority to
implementing such decision. administer or encumber any specific separate
property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter’s share. (178a)
In the event that one spouse is incapacitated or
otherwise unable to participate in the administration of
the common properties, the other spouse may Art. 101. If a spouse without just cause abandons the
assume sole powers of administration. These powers other or fails to comply with his or her obligations to
do not include disposition or encumbrance without the family, the aggrieved spouse may petition the
authority of the court or the written consent of the court for receivership, for judicial separation of
other spouse. In the absence of such authority or property or for authority to be the sole administrator of
consent, the disposition or encumbrance shall be the absolute community, subject to such
void. However, the transaction shall be construed as precautionary conditions as the court may impose.
a continuing offer on the part of the consenting
spouse and the third person, and may be perfected as The obligations to the family mentioned in the
a binding contract upon the acceptance by the other preceding paragraph refer to marital, parental or
spouse or authorization by the court before the offer is property relations.
withdrawn by either or both offerors. (206a)
A spouse is deemed to have abandoned the other
Art. 97. Either spouse may dispose by will of his or when her or she has left the conjugal dwelling without
her interest in the community property. (n) intention of returning. The spouse who has left the
conjugal dwelling for a period of three months or has
Art. 98. Neither spouse may donate any community failed within the same period to give any information
property without the consent of the other. However, as to his or her whereabouts shall be prima facie
either spouse may, without the consent of the other, presumed to have no intention of returning to the
make moderate donations from the community conjugal dwelling. (178a)
property for charity or on occasions of family rejoicing
or family distress. (n) Section 6. Liquidation of the Absolute Community
 ASSETS AND LIABILITIES Should the surviving spouse contract a subsequent
Art. 102. Upon dissolution of the absolute community marriage without compliance with the foregoing
regime, the following procedure shall apply: requirements, a mandatory regime of complete
separation of property shall govern the property
relations of the subsequent marriage. (n)
(1) An inventory shall be prepared, listing separately
all the properties of the absolute community and the
exclusive properties of each spouse. Art. 104. Whenever the liquidation of the community
properties of two or more marriages contracted by the
same person before the effectivity of this Code is
(2) The debts and obligations of the absolute carried out simultaneously, the respective capital,
community shall be paid out of its assets. In case of fruits and income of each community shall be
insufficiency of said assets, the spouses shall be determined upon such proof as may be considered
solidarily liable for the unpaid balance with their according to the rules of evidence. In case of doubt as
separate properties in accordance with the provisions to which community the existing properties belong,
of the second paragraph of Article 94. the same shall be divided between the different
communities in proportion to the capital and duration
(3) Whatever remains of the exclusive properties of of each. (189a)
the spouses shall thereafter be delivered to each of
them. Chapter 4. Conjugal Partnership of Gains

(4) The net remainder of the properties of the SECTION 1. GENERAL PROVISIONS
absolute community shall constitute its net assets,
which shall be divided equally between husband and Art. 105. In case the future spouses agree in the
wife, unless a different proportion or division was marriage settlements that the regime of conjugal
partnership gains shall govern their property relations
agreed upon in the marriage settlements, or unless
there has been a voluntary waiver of such share during marriage, the provisions in this Chapter shall
provided in this Code. For purpose of computing the be of supplementary application.
net profits subject to forfeiture in accordance with
Articles 43, No. (2) and 63, No. (2), the said profits The provisions of this Chapter shall also apply to
shall be the increase in value between the market conjugal partnerships of gains already established
value of the community property at the time of the between spouses before the effectivity of this Code,
celebration of the marriage and the market value at without prejudice to vested rights already acquired in
the time of its dissolution. accordance with the Civil Code or other laws, as
provided in Article 256. (n)
(5) The presumptive legitimes of the common children
shall be delivered upon partition, in accordance with Art. 106. Under the regime of conjugal partnership of
Article 51. gains, the husband and wife place in a common fund
the proceeds, products, fruits and income from their
(6) Unless otherwise agreed upon by the parties, in separate properties and those acquired by either or
the partition of the properties, the conjugal dwelling both spouses through their efforts or by chance, and,
and the lot on which it is situated shall be adjudicated upon dissolution of the marriage or of the partnership,
the net gains or benefits obtained by either or both
to the spouse with whom the majority of the common
children choose to remain. Children below the age of spouses shall be divided equally between them,
seven years are deemed to have chosen the mother, unless otherwise agreed in the marriage settlements.
unless the court has decided otherwise. In case there (142a)
in no such majority, the court shall decide, taking into
consideration the best interests of said children. (n) Art. 107. The rules provided in Articles 88 and 89
shall also apply to conjugal partnership of gains. (n)
Art. 103. Upon the termination of the marriage by
death, the community property shall be liquidated in Art. 108. The conjugal partnership shall be governed
the same proceeding for the settlement of the estate by the rules on the contract of partnership in all that is
of the deceased. not in conflict with what is expressly determined in this
Chapter or by the spouses in their marriage
settlements. (147a)
If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the community
property either judicially or extra-judicially within six Section 2. Exclusive Property of Each Spouse
months from the death of the deceased spouse. If
upon the lapse of the six months period, no liquidation Art. 109. The following shall be the exclusive property
is made, any disposition or encumbrance involving of each spouse:
the community property of the terminated marriage
shall be void.
(1) That which is brought to the marriage as his or her spouses, is presumed to be conjugal unless the
own; contrary is proved. (160a)

(2) That which each acquires during the marriage by Art. 117. The following are conjugal partnership
gratuitous title; properties:

(3) That which is acquired by right of redemption, by (1) Those acquired by onerous title during the
barter or by exchange with property belonging to only marriage at the expense of the common fund,
one of the spouses; and whether the acquisition be for the partnership, or for
only one of the spouses;
(4) That which is purchased with exclusive money of
the wife or of the husband. (148a) (2) Those obtained from the labor, industry, work or
profession of either or both of the spouses;
Art. 110. The spouses retain the ownership,
possession, administration and enjoyment of their (3) The fruits, natural, industrial, or civil, due or
exclusive properties. received during the marriage from the common
property, as well as the net fruits from the exclusive
Either spouse may, during the marriage, transfer the property of each spouse;
administration of his or her exclusive property to the
other by means of a public instrument, which shall be (4) The share of either spouse in the hidden treasure
recorded in the registry of property of the place the which the law awards to the finder or owner of the
property is located. (137a, 168a, 169a) property where the treasure is found;

Art. 111. A spouse of age may mortgage, encumber, (5) Those acquired through occupation such as
alienate or otherwise dispose of his or her exclusive fishing or hunting;
property, without the consent of the other spouse, and
appear alone in court to litigate with regard to the (6) Livestock existing upon the dissolution of the
same. (n) partnership in excess of the number of each kind
brought to the marriage by either spouse; and
Art. 112. The alienation of any exclusive property of a
spouse administered by the other automatically (7) Those which are acquired by chance, such as
terminates the administration over such property and winnings from gambling or betting. However, losses
the proceeds of the alienation shall be turned over to therefrom shall be borne exclusively by the
the owner-spouse. (n) loser-spouse. (153a, 154a, 155, 159)

Art. 113. Property donated or left by will to the

Art. 118. Property bought on installments paid partly
spouses, jointly and with designation of determinate from exclusive funds of either or both spouses and
shares, shall pertain to the donee-spouses as his or partly from conjugal funds belongs to the buyer or
her own exclusive property, and in the absence of buyers if full ownership was vested before the
designation, share and share alike, without prejudice marriage and to the conjugal partnership if such
to the right of accretion when proper. (150a)
ownership was vested during the marriage. In either
case, any amount advanced by the partnership or by
Art. 114. If the donations are onerous, the amount of either or both spouses shall be reimbursed by the
the charges shall be borne by the exclusive property owner or owners upon liquidation of the partnership.
of the donee spouse, whenever they have been (n)
advanced by the conjugal partnership of gains. (151a)
Art. 119. Whenever an amount or credit payable
Art. 115. Retirement benefits, pensions, annuities, within a period of time belongs to one of the spouses,
gratuities, usufructs and similar benefits shall be the sums which may be collected during the marriage
governed by the rules on gratuitous or onerous in partial payments or by installments on the principal
acquisitions as may be proper in each case. (n) shall be the exclusive property of the spouse.
However, interests falling due during the marriage on
the principal shall belong to the conjugal partnership.
Section 3. Conjugal Partnership Property
(156a, 157a)

Art. 116. All property acquired during the marriage,

whether the acquisition appears to have been made, Art. 120. The ownership of improvements, whether for
contracted or registered in the name of one or both utility or adornment, made on the separate property of
the spouses at the expense of the partnership or
through the acts or efforts of either or both spouses
shall pertain to the conjugal partnership, or to the completing a professional or vocational course or
original owner-spouse, subject to the following rules: other activity for self-improvement; and

When the cost of the improvement made by the (9) Expenses of litigation between the spouses unless
conjugal partnership and any resulting increase in the suit is found to groundless.
value are more than the value of the property at the
time of the improvement, the entire property of one of If the conjugal partnership is insufficient to cover the
the spouses shall belong to the conjugal partnership, foregoing liabilities, the spouses shall be solidarily
subject to reimbursement of the value of the property
liable for the unpaid balance with their separate
of the owner-spouse at the time of the improvement; properties. (161a)
otherwise, said property shall be retained in
ownership by the owner-spouse, likewise subject to
reimbursement of the cost of the improvement. Art. 122. The payment of personal debts contracted
by the husband or the wife before or during the
marriage shall not be charged to the conjugal
In either case, the ownership of the entire property
properties partnership except insofar as they
shall be vested upon the reimbursement, which shall redounded to the benefit of the family.
be made at the time of the liquidation of the conjugal
partnership. (158a)
Neither shall the fines and pecuniary indemnities
imposed upon them be charged to the partnership.
Section 4. Charges Upon and Obligations of the
Conjugal Partnership
However, the payment of personal debts contracted
by either spouse before the marriage, that of fines
Art. 121. The conjugal partnership shall be liable for: and indemnities imposed upon them, as well as the
support of illegitimate children of either spouse, may
(1) The support of the spouse, their common children, be enforced against the partnership assets after the
and the legitimate children of either spouse; however, responsibilities enumerated in the preceding Article
the support of illegitimate children shall be governed have been covered, if the spouse who is bound
by the provisions of this Code on Support; should have no exclusive property or if it should be
insufficient; but at the time of the liquidation of the
(2) All debts and obligations contracted during the partnership, such spouse shall be charged for what
marriage by the designated administrator-spouse for has been paid for the purpose above-mentioned.
the benefit of the conjugal partnership of gains, or by (163a)
both spouses or by one of them with the consent of
the other; Art. 123. Whatever may be lost during the marriage in
any game of chance or in betting, sweepstakes, or
(3) Debts and obligations contracted by either spouse any other kind of gambling whether permitted or
without the consent of the other to the extent that the prohibited by law, shall be borne by the loser and
family may have benefited; shall not be charged to the conjugal partnership but
any winnings therefrom shall form part of the conjugal
partnership property. (164a)
(4) All taxes, liens, charges, and expenses, including
major or minor repairs upon the conjugal partnership
property; Section 5. Administration of the Conjugal
Partnership Property

(5) All taxes and expenses for mere preservation

made during the marriage upon the separate property Art. 124. The administration and enjoyment of the
conjugal partnership shall belong to both spouses
of either spouse;
jointly. In case of disagreement, the husband’s
decision shall prevail, subject to recourse to the court
(6) Expenses to enable either spouse to commence by the wife for proper remedy, which must be availed
or complete a professional, vocational, or other of within five years from the date of the contract
activity for self-improvement; implementing such decision.

(7) Ante-nuptial debts of either spouse insofar as they In the event that one spouse is incapacitated or
have redounded to the benefit of the family; otherwise unable to participate in the administration of
the conjugal properties, the other spouse may
(8) The value of what is donated or promised by both assume sole powers of administration. These powers
spouses in favor of their common legitimate children do not include disposition or encumbrance without
for the exclusive purpose of commencing or authority of the court or the written consent of the
other spouse. In the absence of such authority or
consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed as The obligations to the family mentioned in the
a continuing offer on the part of the consenting preceding paragraph refer to marital, parental or
spouse and the third person, and may be perfected as property relations.
a binding contract upon the acceptance by the other
spouse or authorization by the court before the offer is A spouse is deemed to have abandoned the other
withdrawn by either or both offerors. (165a) when he or she has left the conjugal dwelling without
intention of returning. The spouse who has left the
Art. 125. Neither spouse may donate any conjugal conjugal dwelling for a period of three months or has
partnership property without the consent of the other. failed within the same period to give any information
However, either spouse may, without the consent of as to his or her whereabouts shall be prima facie
the other, make moderate donations from the presumed to have no intention of returning to the
conjugal partnership property for charity or on conjugal dwelling. (167a, 191a)
occasions of family rejoicing or family distress. (174a)
Section 7. Liquidation of the Conjugal Partnership
Section 6. Dissolution of Conjugal Partnership Assets and Liabilities
Regime
Art. 129. Upon the dissolution of the conjugal
Art. 126. The conjugal partnership terminates: partnership regime, the following procedure shall
apply:
(1) Upon the death of either spouse;
(1) An inventory shall be prepared, listing separately
all the properties of the conjugal partnership and the
(2) When there is a decree of legal separation;
exclusive properties of each spouse.

(3) When the marriage is annulled or declared void; or

(2) Amounts advanced by the conjugal partnership in
payment of personal debts and obligations of either
(4) In case of judicial separation of property during the spouse shall be credited to the conjugal partnership
marriage under Articles 134 to 138. (175a) as an asset thereof.

Art. 127. The separation in fact between husband and (3) Each spouse shall be reimbursed for the use of his
wife shall not affect the regime of conjugal or her exclusive funds in the acquisition of property or
partnership, except that: for the value of his or her exclusive property, the
ownership of which has been vested by law in the
(1) The spouse who leaves the conjugal home or conjugal partnership.
refuses to live therein, without just cause, shall not
have the right to be supported; (4) The debts and obligations of the conjugal
partnership shall be paid out of the conjugal assets. In
(2) When the consent of one spouse to any case of insufficiency of said assets, the spouses shall
transaction of the other is required by law, judicial be solidarily liable for the unpaid balance with their
authorization shall be obtained in a summary separate properties, in accordance with the provisions
proceeding; of paragraph (2) of Article 121.

(3) In the absence of sufficient conjugal partnership (5) Whatever remains of the exclusive properties of
property, the separate property of both spouses shall the spouses shall thereafter be delivered to each of
be solidarily liable for the support of the family. The them.
spouse present shall, upon petition in a summary
proceeding, be given judicial authority to administer or (6) Unless the owner had been indemnified from
encumber any specific separate property of the other whatever source, the loss or deterioration of
spouse and use the fruits or proceeds thereof to movables used for the benefit of the family, belonging
satisfy the latter’s share. (178a) to either spouse, even due to fortuitous event, shall
be paid to said spouse from the conjugal funds, if any.
Art. 128. If a spouse without just cause abandons the
other or fails to comply with his or her obligation to the (7) The net remainder of the conjugal partnership
family, the aggrieved spouse may petition the court properties shall constitute the profits, which shall be
for receivership, for judicial separation of property, or divided equally between husband and wife, unless a
for authority to be the sole administrator of the different proportion or division was agreed upon in the
conjugal partnership property, subject to such marriage settlements or unless there has been a
precautionary conditions as the court may impose. voluntary waiver or forfeiture of such share as
provided in this Code.
(8) The presumptive legitimes of the common children Chapter 5. Separation of Property of the Spouses
shall be delivered upon the partition in accordance and Administration of Common Property by One
with Article 51. Spouse During the Marriage

(9) In the partition of the properties, the conjugal Art. 134. In the absence of an express declaration in
dwelling and the lot on which it is situated shall, the marriage settlements, the separation of property
unless otherwise agreed upon by the parties, be between spouses during the marriage shall not take
adjudicated to the spouse with whom the majority of place except by judicial order. Such judicial
the common children choose to remain. Children separation of property may either be voluntary or for
below the age of seven years are deemed to have sufficient cause. (190a)
chosen the mother, unless the court has decided
otherwise. In case there is no such majority, the court Art. 135. Any of the following shall be considered
shall decide, taking into consideration the best sufficient cause for judicial separation of property:
interests of said children. (181a, 182a, 183a, 184a,
185a)
(1) That the spouse of the petitioner has been
sentenced to a penalty which carries with it civil
Art. 130. Upon the termination of the marriage by interdiction;
death, the conjugal partnership property shall be
liquidated in the same proceeding for the settlement
of the estate of the deceased. (2) That the spouse of the petitioner has been
judicially declared an absentee;
If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the conjugal (3) That loss of parental authority of the spouse of
partnership property either judicially or extra-judicially petitioner has been decreed by the court;
within six months from the death of the deceased
spouse. If upon the lapse of the six-month period no (4) That the spouse of the petitioner has abandoned
liquidation is made, any disposition or encumbrance the latter or failed to comply with his or her obligations
involving the conjugal partnership property of the to the family as provided for in Article 101;
terminated marriage shall be void.

(5) That the spouse granted the power of

Should the surviving spouse contract a subsequent administration in the marriage settlements has
marriage without compliance with the foregoing abused that power; and
requirements, a mandatory regime of complete
separation of property shall govern the property
relations of the subsequent marriage. (n) (6) That at the time of the petition, the spouses have
been separated in fact for at least one year and
reconciliation is highly improbable.
Art. 131. Whenever the liquidation of the conjugal
partnership properties of two or more marriages
contracted by the same person before the effectivity In the cases provided for in Numbers (1), (2) and (3),
of this Code is carried out simultaneously, the the presentation of the final judgment against the
respective capital, fruits and income of each guilty or absent spouse shall be enough basis for the
partnership shall be determined upon such proof as grant of the decree of judicial separation of property.
may be considered according to the rules of evidence. (191a)
In case of doubt as to which partnership the existing
properties belong, the same shall be divided between Art. 136. The spouses may jointly file a verified
the different partnerships in proportion to the capital petition with the court for the voluntary dissolution of
and duration of each. (189a) the absolute community or the conjugal partnership of
gains, and for the separation of their common
Art. 132. The Rules of Court on the administration of properties.
estates of deceased persons shall be observed in the
appraisal and sale of property of the conjugal All creditors of the absolute community or of the
partnership, and other matters which are not conjugal partnership of gains, as well as the personal
expressly determined in this Chapter. (187a) creditors of the spouse, shall be listed in the petition
and notified of the filing thereof. The court shall take
Art. 133. From the common mass of property support measures to protect the creditors and other persons
shall be given to the surviving spouse and to the with pecuniary interest. (191a)
children during the liquidation of the inventoried
property and until what belongs to them is delivered; Art. 137. Once the separation of property has been
but from this shall be deducted that amount received decreed, the absolute community or the conjugal
for support which exceeds the fruits or rents
pertaining to them. (188a)
partnership of gains shall be liquidated in conformity Art. 142. The administration of all classes of exclusive
with this Code. property of either spouse may be transferred by the
court to the other spouse:
During the pendency of the proceedings for
separation of property, the absolute community or the (1) When one spouse becomes the guardian of the
conjugal partnership shall pay for the support of the other;
spouses and their children. (192a)
(2) When one spouse is judicially declared an
Art. 138. After dissolution of the absolute community absentee;
or of the conjugal partnership, the provisions on
complete separation of property shall apply. (191a) (3) When one spouse is sentenced to a penalty which
carries with it civil interdiction; or
Art. 139. The petition for separation of property and
the final judgment granting the same shall be (4) When one spouse becomes a fugitive from justice
recorded in the proper local civil registries and or is in hiding as an accused in a criminal case.
registries of property. (193a)

If the other spouse is not qualified by reason of

Art. 140. The separation of property shall not incompetence, conflict of interest, or any other just
prejudice the rights previously acquired by creditors. cause, the court shall appoint a suitable person to be
(194a) the administrator. (n)

Art. 141. The spouses may, in the same proceedings Chapter 6. Regime of Separation of Property
where separation of property was decreed, file a
motion in court for a decree reviving the property
regime that existed between them before the Art. 143. Should the future spouses agree in the
separation of property in any of the following marriage settlements that their property relations
instances: during marriage shall be governed by the regime of
separation of property, the provisions of this Chapter
shall be suppletory. (212a)
(1) When the civil interdiction terminates;

Art. 144. Separation of property may refer to present

(2) When the absentee spouse reappears; or future property or both. It may be total or partial. In
the latter case, the property not agreed upon as
(3) When the court, being satisfied that the spouse separate shall pertain to the absolute community.
granted the power of administration in the marriage (213a)
settlements will not again abuse that power,
authorizes the resumption of said administration;
Art. 145. Each spouse shall own, dispose of, possess,
administer and enjoy his or her own separate estate,
(4) When the spouse who has left the conjugal home without need of the consent of the other. To each
without a decree of legal separation resumes spouse shall belong all earnings from his or her
common life with the other; profession, business or industry and all fruits, natural,
industrial or civil, due or received during the marriage
from his or her separate property. (214a)
(5) When parental authority is judicially restored to the
spouse previously deprived thereof;
Art. 146. Both spouses shall bear the family expenses
(6) When the spouses who have separated in fact for in proportion to their income, or, in case of
at least one year, reconcile and resume common life; insufficiency or default thereof, to the current market
or value of their separate properties.

The liabilities of the spouses to creditors for family

(7) When after voluntary dissolution of the absolute
community of property or conjugal partnership has expenses shall, however, be solidary. (215a)
been judicially decreed upon the joint petition of the
spouses, they agree to the revival of the former Chapter 7. Property Regime of Unions Without
property regime. No voluntary separation of property Marriage
may thereafter be granted.
Art. 147. When a man and a woman who are
The revival of the former property regime shall be capacitated to marry each other, live exclusively with
governed by Article 67. (195a) each other as husband and wife without the benefit of
marriage or under a void marriage, their wages and
salaries shall be owned by them in equal shares and Art. 149. The family, being the foundation of the
the property acquired by both of them through their nation, is a basic social institution which public policy
work or industry shall be governed by the rules on cherishes and protects. Consequently, family relations
co-ownership. are governed by law and no custom, practice or
agreement destructive of the family shall be
In the absence of proof to the contrary, properties recognized or given effect. (216a, 218a)
acquired while they lived together shall be presumed
to have been obtained by their joint efforts, work or Art. 50. Family relations include those:
industry, and shall be owned by them in equal shares.
For purposes of this Article, a party who did not (1) Between husband and wife;
participate in the acquisition by the other party of any
property shall be deemed to have contributed jointly in
the acquisition thereof if the former’s efforts consisted (2) Between parents and children;
in the care and maintenance of the family and of the
household. (3) Among brothers and sisters, whether of the full or
half-blood. (217a)
Neither party can encumber or dispose by acts inter
vivos of his or her share in the property acquired Art. 151. No suit between members of the same
during cohabitation and owned in common, without family shall prosper unless it should appear from the
the consent of the other, until after the termination of verified complaint or petition that earnest efforts
their cohabitation. toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts
When only one of the parties to a void marriage is in were in fact made, the same case must be dismissed.
good faith, the share of the party in bad faith in the
co-ownership shall be forfeited in favor of their This rules shall not apply to cases which may not be
common children. In case of default of or waiver by the subject of compromise under the Civil Code.
any or all of the common children or their (222a)
descendants, each vacant share shall belong to the
respective surviving descendants. In the absence of
descendants, such share shall belong to the innocent Chapter 2. The Family Home
party. In all cases, the forfeiture shall take place upon
termination of the cohabitation. (144a) Art. 152. The family home, constituted jointly by the
husband and the wife or by an unmarried head of a
Art. 148. In cases of cohabitation not falling under the family, is the dwelling house where they and their
preceding Article, only the properties acquired by both family reside, and the land on which it is situated.
of the parties through their actual joint contribution of (223a)
money, property, or industry shall be owned by them
in common in proportion to their respective Art. 153. The family home is deemed constituted on a
contributions. In the absence of proof to the contrary, house and lot from the time it is occupied as a family
their contributions and corresponding shares are residence. From the time of its constitution and so
presumed to be equal. The same rule and long as any of its beneficiaries actually resides
presumption shall apply to joint deposits of money therein, the family home continues to be such and is
and evidences of credit. exempt from execution, forced sale or attachment
except as hereinafter provided and to the extent of the
If one of the parties is validly married to another, his value allowed by law. (223a)
or her share in the co-ownership shall accrue to the
absolute community or conjugal partnership existing Art. 154. The beneficiaries of a family home are:
in such valid marriage. If the party who acted in bad
faith is not validly married to another, his or her shall
be forfeited in the manner provided in the last (1) The husband and wife, or an unmarried person
paragraph of the preceding Article. who is the head of a family; and

The foregoing rules on forfeiture shall likewise apply (2) Their parents, ascendants, descendants, brothers
even if both parties are in bad faith. (144a) 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.
TITLE V (226a)

THE FAMILY Art. 155. The family home shall be exempt from
execution, forced sale or attachment except:
CHAPTER 1. THE FAMILY AS AN INSTITUTION
(1) For nonpayment of taxes; 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
(2) For debts incurred prior to the constitution of the
family home; 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
(3) For debts secured by mortgages on the premises directing the sale of the property under execution. The
before or after such constitution; and court shall so order if it finds that the actual value of
the family home exceeds the maximum amount
(4) For debts due to laborers, mechanics, architects, allowed by law as of the time of its constitution. If the
builders, materialmen and others who have rendered increased actual value exceeds the maximum allowed
service or furnished material for the construction of in Article 157 and results from subsequent voluntary
the building. (243a) 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
Art. 156. The family home must be part of the same rule and procedure shall apply.
properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either
spouse with the latter’s consent. It may also be At the execution sale, no bid below the value allowed
constituted by an unmarried head of a family on his or for a family home shall be considered. The proceeds
her own property. 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
Nevertheless, property that is the subject of a delivered to the judgment debtor. (247a, 248a)
conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of
the purchase price may be constituted as a family Art. 161. For purposes of availing of the benefits of a
home. (227a, 228a) family home as provided for in this Chapter, a person
may constitute, or be the beneficiary of, only one
family home. (n)
Art. 157. The actual value of the family home shall not
exceed, at the time of its constitution, the amount of
the three hundred thousand pesos in urban areas, Art. 162. The provisions in this Chapter shall also
and two hundred thousand pesos in rural areas, or govern existing family residences insofar as said
such amounts as may hereafter be fixed by law. provisions are applicable. (n)

In any event, if the value of the currency changes TITLE VI

after the adoption of this Code, the value most
favorable for the constitution of a family home shall be PATERNITY AND FILIATION
the basis of evaluation.
CHAPTER 1. LEGITIMATE CHILDREN
For purposes of this Article, urban areas are deemed Art. 163. The filiation of children may be by nature or
to include chartered cities and municipalities whose by adoption. Natural filiation may be legitimate or
annual income at least equals that legally required for illegitimate. (n)
chartered cities. All others are deemed to be rural
areas. (231a) Art. 164. Children conceived or born during the
marriage of the parents are legitimate.
Art. 158. The family home may be sold, alienated,
donated, assigned or encumbered by the owner or Children conceived as a result of artificial
owners thereof with the written consent of the person insemination of the wife with the sperm of the
constituting the same, the latter’s spouse, and a husband or that of a donor or both are likewise
majority of the beneficiaries of legal age. In case of legitimate children of the husband and his wife,
conflict, the court shall decide. (235a) provided, that both of them authorized or ratified such
insemination in a written instrument executed and
Art. 159. The family home shall continue despite the signed by them before the birth of the child. The
death of one or both spouses or of the unmarried instrument shall be recorded in the civil registry
head of the family for a period of ten years or for as together with the birth certificate of the child. (55a,
long as there is a minor beneficiary, and the heirs 258a)
cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply Art. 165. Children conceived and born outside a valid
regardless of whoever owns the property or marriage are illegitimate, unless otherwise provided in
constituted the family home. (238a) this Code. (n)
Art. 166. Legitimacy of a child may be impugned only Art. 170. The action to impugn the legitimacy of the
on the following grounds: child shall be brought within one year from the
knowledge of the birth or its recording in the civil
(1) That it was physically impossible for the husband register, if the husband or, in a proper case, any of his
to have sexual intercourse with his wife within the first heirs, should reside in the city or municipality where
120 days of the 300 days which immediately the birth took place or was recorded.
preceded the birth of the child because of:
If the husband or, in his default, all of his heirs do not
reside at the place of birth as defined in the first
(a) the physical incapacity of the husband to have
sexual intercourse with his wife; paragraph or where it was recorded, the period shall
be two years if they should reside in the Philippines;
and three years if abroad. If the birth of the child has
(b) the fact that the husband and wife were living been concealed from or was unknown to the husband
separately in such a way that sexual intercourse was or his heirs, the period shall be counted from the
not possible; or discovery or knowledge of the birth of the child or of
the fact of registration of said birth, whichever is
(c) serious illness of the husband, which absolutely earlier. (263a)
prevented sexual intercourse;
Art. 171. The heirs of the husband may impugn the
(2) That it is proved that for biological or other filiation of the child within the period prescribed in the
scientific reasons, the child could not have been that preceding article only in the following cases:
of the husband, except in the instance provided in the
second paragraph of Article 164; or (1) If the husband should died before the expiration of
the period fixed for bringing his action;
(3) That in case of children conceived through artificial
insemination, the written authorization or ratification of (2) If he should die after the filing of the complaint
either parent was obtained through mistake, fraud, without having desisted therefrom; or
violence, intimidation, or undue influence. (255a)
(3) If the child was born after the death of the
Art. 167. The child shall be considered legitimate husband. (262a)
although the mother may have declared against its
legitimacy or may have been sentenced as an
adulteress. (256a) Chapter 2. Proof of Filiation

Art. 168. If the marriage is terminated and the mother Art. 172. The filiation of legitimate children is
established by any of the following:
contracted another marriage within three hundred
days after such termination of the former marriage,
these rules shall govern in the absence of proof to the (1) The record of birth appearing in the civil register or
contrary: a final judgment; or

(1) A child born before one hundred eighty days after (2) An admission of legitimate filiation in a public
the solemnization of the subsequent marriage is document or a private handwritten instrument and
considered to have been conceived during the former signed by the parent concerned.
marriage, provided it be born within three hundred
days after the termination of the former marriage; In the absence of the foregoing evidence, the
legitimate filiation shall be roved by:
(2) A child born after one hundred eighty days
following the celebration of the subsequent marriage (1) The open and continuous possession of the status
is considered to have been conceived during such
of a legitimate child; or
marriage, even though it be born within the three
hundred days after the termination of the former
marriage. (259a) (2) Any other means allowed by the Rules of Court
and special laws. (265a, 266a, 267a)
Art. 169. The legitimacy or illegitimacy of a child born
after three hundred days following the termination of Art. 173. The action to claim legitimacy may be
the marriage shall be proved by whoever alleges such brought by the child during his or her lifetime and shall
legitimacy or illegitimacy. (261a) be transmitted to the heirs should the child die during
minority or in a state of insanity. In these cases, the
heirs shall have a period of five years within which to
institute the action.
Art. 174. Legitimate children shall have the right: Art. 182. Legitimation may be impugned only by those
who are prejudiced in their rights, within five years
from the time their cause of action accrues. (275a)
(1) To bear the surnames of the father and the
mother, in conformity with the provisions of the Civil
Code on Surnames; TITLE VII

(2) To receive support from their parents, their ADOPTION

ascendants, and in proper cases, their brothers and Art. 183. A person of age and in possession of full
sisters, in conformity with the provisions of this Code civil capacity and legal rights may adopt, provided he
on Support; and is in a position to support and care for his children,
legitimate or illegitimate, in keeping with the means of
(3) To be entitled to the legitimate and other the family.
successional rights granted to them by the Civil Code.
(264a) Only minors may be adopted, except in the cases
when the adoption of a person of majority age is
Chapter 3. Illegitimate Children allowed in this Title.

Art. 175. Illegitimate children may establish their In addition, the adopter must be at least sixteen years
illegitimate filiation in the same way and on the same older than the person to be adopted, unless the
evidence as legitimate children. adopter is the parent by nature of the adopted, or is
the spouse of the legitimate parent of the person to be
adopted. (27a, E. O. 91 and PD 603)
The action must be brought within the same period
specified in Article 173, except when the action is
based on the second paragraph of Article 172, in Art. 184. The following persons may not adopt:
which case the action may be brought during the
lifetime of the alleged parent. (289a) (1) The guardian with respect to the ward prior to the
approval of the final accounts rendered upon the
Art. 176. Illegitimate children shall use the surname termination of their guardianship relation;
and shall be under the parental authority of their
mother, and shall be entitled to support in conformity (2) Any person who has been convicted of a crime
with this Code. The legitime of each illegitimate child involving moral turpitude;
shall consist of one-half of the legitime of a legitimate
child. Except for this modification, all other provisions
in the Civil Code governing successional rights shall (3) An alien, except:
remain in force. (287a)
(a) A former Filipino citizen who seeks to adopt a
Chapter 4. Legitimated Children relative by consanguinity;

Art. 177. Only children conceived and born outside of (b) One who seeks to adopt the legitimate child of his
wedlock of parents who, at the time of the conception or her Filipino spouse; or
of the former, were not disqualified by any
impediment to marry each other may be legitimated. (c) One who is married to a Filipino citizen and seeks
(269a) to adopt jointly with his or her spouse a relative by
consanguinity of the latter.
Art. 178. Legitimation shall take place by a
subsequent valid marriage between parents. The Aliens not included in the foregoing exceptions may
annulment of a voidable marriage shall not affect the adopt Filipino children in accordance with the rules on
legitimation. (270a) inter-country adoptions as may be provided by law.
(28a, E. O. 91 and PD 603)
Art. 179. Legitimated children shall enjoy the same
rights as legitimate children. (272a) Art. 185. Husband and wife must jointly adopt, except
in the following cases:
Art. 180. The effects of legitimation shall retroact to
the time of the child’s birth. (273a) (1) When one spouse seeks to adopt his own
illegitimate child; or
Art. 181. The legitimation of children who died before
the celebration of the marriage shall benefit their (2) When one spouse seeks to adopt the legitimate
descendants. (274) child of the other. (29a, E. O. 91 and PD 603)
Art. 186. In case husband and wife jointly adopt or (3) The adopted shall remain an intestate heir of his
one spouse adopts the legitimate child of the other, parents and other blood relatives. (39(1)a, (3)a, PD
joint parental authority shall be exercised by the 603)
spouses in accordance with this Code. (29a, E. O.
and PD 603) Art. 190. Legal or intestate succession to the estate of
the adopted shall be governed by the following rules:
Art. 187. The following may not be adopted:
(1) Legitimate and illegitimate children and
(1) A person of legal age, unless he or she is a child descendants and the surviving spouse of the adopted
by nature of the adopter or his or her spouse, or, prior shall inherit from the adopted, in accordance with the
to the adoption, said person has been consistently ordinary rules of legal or intestate succession;
considered and treated by the adopter as his or her
own child during minority. (2) When the parents, legitimate or illegitimate, or the
legitimate ascendants of the adopted concur with the
(2) An alien with whose government the Republic of adopter, they shall divide the entire estate, one-half to
the Philippines has no diplomatic relations; and be inherited by the parents or ascendants and the
other half, by the adopters;
(3) A person who has already been adopted unless
such adoption has been previously revoked or (3) When the surviving spouse or the illegitimate
rescinded. (30a, E. O. 91 and PD 603) children of the adopted concur with the adopters, they
shall divide the entire estate in equal shares, one-half
to be inherited by the spouse or the illegitimate
Art. 188. The written consent of the following to the
adoption shall be necessary: children of the adopted and the other half, by the
adopters.

(1) The person to be adopted, if ten years of age or

over, (4) When the adopters concur with the illegitimate
children and the surviving spouse of the adopted, they
shall divide the entire estate in equal shares, one-third
(2) The parents by nature of the child, the legal to be inherited by the illegitimate children, one-third by
guardian, or the proper government instrumentality; the surviving spouse, and one-third by the adopters;

(3) The legitimate and adopted children, ten years of (5) When only the adopters survive, they shall inherit
age or over, of the adopting parent or parents; the entire estate; and

(4) The illegitimate children, ten years of age or over, (6) When only collateral blood relatives of the adopted
of the adopting parent, if living with said parent and survive, then the ordinary rules of legal or intestate
the latter’s spouse, if any; and succession shall apply. (39(4)a, PD 603)

(5) The spouse, if any, of the person adopting or to be Art. 191. If the adopted is a minor or otherwise
adopted. (31a, E. O. 91 and PD 603) incapacitated, the adoption may be judicially
rescinded upon petition of any person authorized by
Art. 189. Adoption shall have the following effects: the court or proper government instrumental acting on
his behalf, on the same grounds prescribed for loss or
suspension of parental authority. If the adopted is at
(1) For civil purposes, the adopted shall be deemed to least eighteen years of age, he may petition for
be a legitimate child of the adopters and both shall judicial rescission of the adoption on the same
acquire the reciprocal rights and obligations arising grounds prescribed for disinheriting an ascendant.
from the relationship of parent and child, including the (40a, PD 603)
right of the adopted to use the surname of the
adopters;
Art. 192. The adopters may petition the court for the
judicial rescission of the adoption in any of the
(2) The parental authority of the parents by nature following cases:
over the adopted shall terminate and be vested in the
adopters, except that if the adopter is the spouse of
the parent by nature of the adopted, parental authority (1) If the adopted has committed any act constituting
over the adopted shall be exercised jointly by both ground for disinheriting a descendant; or
spouses; and
(2) When the adopted has abandoned the home of
the adopters during minority for at least one year, or,
by some other acts, has definitely repudiated the Art. 196. Brothers and sisters not legitimately related,
adoption. (41a, PD 603) whether of the full or half-blood, are likewise bound to
support each other to the full extent set forth in Article
Art. 193. If the adopted minor has not reached the 194, except only when the need for support of the
age of majority at the time of the judicial rescission of brother or sister, being of age, is due to a cause
the adoption, the court in the same proceeding shall imputable to the claimant’s fault or negligence. (291a)
reinstate the parental authority of the parents by
nature, unless the latter are disqualified or Art. 197. In case of legitimate ascendants;
incapacitated, in which case the court shall appoint a descendants, whether legitimate or illegitimate; and
guardian over the person and property of the minor. If brothers and sisters, whether legitimately or
the adopted person is physically or mentally illegitimately related, only the separate property of the
handicapped, the court shall appoint in the same person obliged to give support shall be answerable
proceeding a guardian over his person or property or provided that in case the obligor has no separate
both. property, the absolute community or the conjugal
partnership, if financially capable, shall advance the
Judicial rescission of the adoption shall extinguish all support, which shall be deducted from the share of
reciprocal rights and obligations between the adopters the spouse obliged upon the liquidation of the
and the adopted arising from the relationship of absolute community or of the conjugal partnership. (n)
parent and child. The adopted shall likewise lose the
right to use the surnames of the adopters and shall Art. 198. During the proceedings for legal separation
resume his surname prior to the adoption. or for annulment of marriage, and for declaration of
nullity of marriage, the spouses and their children
The court shall accordingly order the amendment of shall be supported from the properties of the absolute
the records in the proper registries. (42a, PD 603) community or the conjugal partnership. After the final
judgment granting the petition, the obligation of
mutual support between the spouses ceases.
TITLE VIII However, in case of legal separation, the court may
order that the guilty spouse shall give support to the
SUPPORT innocent one, specifying the terms of such order.
(292a)
Art. 194. Support comprises everything indispensable
for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping Art. 199. Whenever two or more persons are obliged
with the financial capacity of the family. to give support, the liability shall devolve upon the
following persons in the order herein provided:
The education of the person entitled to be supported
referred to in the preceding paragraph shall include (1) The spouse;
his schooling or training for some profession, trade or
vocation, even beyond the age of majority. (2) The descendants in the nearest degree;
Transportation shall include expenses in going to and
from school, or to and from place of work. (290a)
(3) The ascendants in the nearest degree; and
Art. 195. Subject to the provisions of the succeeding
articles, the following are obliged to support each (4) The brothers and sisters. (294a)
other to the whole extent set forth in the preceding
article: Art. 200. When the obligation to give support falls
upon two or more persons, the payment of the same
(1) The spouses; shall be divided between them in proportion to the
resources of each.
(2) Legitimate ascendants and descendants;
However, in case of urgent need and by special
circumstances, the judge may order only one of them
(3) Parents and their legitimate children and the to furnish the support provisionally, without prejudice
legitimate and illegitimate children of the latter; to his right to claim from the other obligors the share
due from them.
(4) Parents and their illegitimate children and the
legitimate and illegitimate children of the latter; and When two or more recipients at the same time claim
support from one and the same person legally obliged
(5) Legitimate brothers and sisters, whether of full or to give it, should the latter not have sufficient means
half-blood (291a) to satisfy all claims, the order established in the
preceding article shall be followed, unless the
concurrent obligees should be the spouse and a child Art. 208. In case of contractual support or that given
subject to parental authority, in which case the child by will, the excess in amount beyond that required for
shall be preferred. (295a) legal support shall be subject to levy on attachment or
execution.
Art. 201. The amount of support, in the cases referred
to in Articles 195 and 196, shall be in proportion to the Furthermore, contractual support shall be subject to
resources or means of the giver and to the adjustment whenever modification is necessary due
necessities of the recipient. (296a) to changes of circumstances manifestly beyond the
contemplation of the parties. (n)
Art. 202. Support in the cases referred to in the
preceding article shall be reduced or increased TITLE IX
proportionately, according to the reduction or increase
of the necessities of the recipient and the resources PARENTAL AUTHORITY
or means of the person obliged to furnish the same.
(297a)
CHAPTER 1. GENERAL PROVISIONS
Art. 209. Pursuant to the natural right and duty of
Art. 203. The obligation to give support shall be parents over the person and property of their
demandable from the time the person who has a right unemancipated children, parental authority and
to receive the same needs it for maintenance, but it responsibility shall include the caring for and rearing
shall not be paid except from the date of judicial or them for civic consciousness and efficiency and the
extra-judicial demand. development of their moral, mental and physical
character and well-being. (n)
Support pendente lite may be claimed in accordance
with the Rules of Court. Art. 210. Parental authority and responsibility may not
be renounced or transferred except in the cases
Payment shall be made within the first five days of authorized by law. (313a)
each corresponding month or when the recipient dies,
his heirs shall not be obliged to return what he has Art. 211. The father and the mother shall jointly
received in advance. (298a) exercise parental authority over the persons of their
common children. In case of disagreement, the
Art. 204. The person obliged to give support shall father’s decision shall prevail, unless there is a judicial
have the option to fulfill the obligation either by paying order to the contrary.
the allowance fixed, or by receiving and maintaining in
the family dwelling the person who has a right to Children shall always observe respect and reverence
receive support. The latter alternative cannot be towards their parents and are obliged to obey them as
availed of in case there is a moral or legal obstacle long as the children are under parental authority.
thereto. (299a) (311a)

Art. 205. The right to receive support under this Title Art. 212. In case of absence or death of either parent,
as well as any money or property obtained as such the parent present shall continue exercising parental
support shall not be levied upon on attachment or authority. The remarriage of the surviving parent shall
execution. (302a) not affect the parental authority over the children,
unless the court appoints another person to be the
Art. 206. When, without the knowledge of the person guardian of the person or property of the children. (n)
obliged to give support, it is given by a stranger, the
latter shall have a right to claim the same from the Art. 213. In case of separation of the parents, parental
former, unless it appears that he gave it without authority shall be exercised by the parent designated
intention of being reimbursed. (2164a) by the Court. The Court shall take into account all
relevant considerations, especially the choice of the
Art. 207. When the person obliged to support another child over seven years of age, unless the parent
unjustly refuses or fails to give support when urgently chosen is unfit. (n)
needed by the latter, any third person may furnish
support to the needy individual, with right of Art. 214. In case of death, absence or unsuitability of
reimbursement from the person obliged to give the parents, substitute parental authority shall be
support. This Article shall particularly apply when the exercised by the surviving grandparent. In case
father or mother of a child under the age of majority several survive, the one designated by the court,
unjustly refuses to support or fails to give support to taking into account the same consideration mentioned
the child when urgently needed. (2166a) in the preceding article, shall exercise the authority.
(355a)
Art. 215. No descendant shall be compelled, in a All other cases not covered by this and the preceding
criminal case, to testify against his parents and articles shall be governed by the provisions of the
grandparents, except when such testimony is Civil Code on quasi-delicts. (n)
indispensable in a crime against the descendant or by
one parent against the other. (315a) Chapter 3. Effect of Parental Authority Upon the
Persons of the Children
Chapter 2. Substitute and Special Parental
Authority Art. 220. The parents and those exercising parental
authority shall have with the respect to their
Art. 216. In default of parents or a judicially appointed unemancipated children on wards the following rights
guardian, the following person shall exercise and duties:
substitute parental authority over the child in the order
indicated: (1) To keep them in their company, to support,
educate and instruct them by right precept and good
(1) The surviving grandparent, as provided in Art. 214; example, and to provide for their upbringing in
keeping with their means;
(2) The oldest brother or sister, over twenty-one years
of age, unless unfit or disqualified; and (2) To give them love and affection, advice and
counsel, companionship and understanding;
(3) The child’s actual custodian, over twenty-one
years of age, unless unfit or disqualified. (3) To provide them with moral and spiritual guidance,
inculcate in them honesty, integrity, self-discipline,
self-reliance, industry and thrift, stimulate their interest
Whenever the appointment or a judicial guardian over
the property of the child becomes necessary, the in civic affairs, and inspire in them compliance with
same order of preference shall be observed. (349a, the duties of citizenship;
351a, 354a)
(4) To furnish them with good and wholesome
Art. 217. In case of foundlings, abandoned neglected educational materials, supervise their activities,
recreation and association with others, protect them
or abused children and other children similarly
situated, parental authority shall be entrusted in from bad company, and prevent them from acquiring
summary judicial proceedings to heads of children’s habits detrimental to their health, studies and morals;
homes, orphanages and similar institutions duly
accredited by the proper government agency. (314a) (5) To represent them in all matters affecting their
interests;
Art. 218. The school, its administrators and teachers,
or the individual, entity or institution engaged in child (6) To demand from them respect and obedience;
are shall have special parental authority and
responsibility over the minor child while under their (7) To impose discipline on them as may be required
supervision, instruction or custody. under the circumstances; and

Authority and responsibility shall apply to all (8) To perform such other duties as are imposed by
authorized activities whether inside or outside the
law upon parents and guardians. (316a)
premises of the school, entity or institution. (349a)

Art. 221. Parents and other persons exercising

Art. 129. Those given the authority and responsibility parental authority shall be civilly liable for the injuries
under the preceding Article shall be principally and and damages caused by the acts or omissions of their
solidarily liable for damages caused by the acts or unemancipated children living in their company and
omissions of the unemancipated minor. The parents,
under their parental authority subject to the
judicial guardians or the persons exercising substitute appropriate defenses provided by law. (2180(2)a and
parental authority over said minor shall be subsidiarily (4)a )
liable.

Art. 222. The courts may appoint a guardian of the

The respective liabilities of those referred to in the child’s property or a guardian ad litem when the best
preceding paragraph shall not apply if it is proved that
interests of the child so requires. (317)
they exercised the proper diligence required under the
particular circumstances.
Art. 223. The parents or, in their absence or
incapacity, the individual, entity or institution
exercising parental authority, may petition the proper
court of the place where the child resides, for an order parent has remarried, in which case the ordinary rules
providing for disciplinary measures over the child. The on guardianship shall apply. (320a)
child shall be entitled to the assistance of counsel,
either of his choice or appointed by the court, and a Art. 226. The property of the unemancipated child
summary hearing shall be conducted wherein the earned or acquired with his work or industry or by
petitioner and the child shall be heard. onerous or gratuitous title shall belong to the child in
ownership and shall be devoted exclusively to the
However, if in the same proceeding the court finds the latter’s support and education, unless the title or
petitioner at fault, irrespective of the merits of the transfer provides otherwise.
petition, or when the circumstances so warrant, the
court may also order the deprivation or suspension of The right of the parents over the fruits and income of
parental authority or adopt such other measures as it the child’s property shall be limited primarily to the
may deem just and proper. (318a) child’s support and secondarily to the collective daily
needs of the family. (321a, 323a)
Art. 224. The measures referred to in the preceding
article may include the commitment of the child for not Art. 227. If the parents entrust the management or
more than thirty days in entities or institutions administration of any of their properties to an
engaged in child care or in children’s homes duly unemancipated child, the net proceeds of such
accredited by the proper government agency. property shall belong to the owner. The child shall be
given a reasonable monthly allowance in an amount
The parent exercising parental authority shall not not less than that which the owner would have paid if
interfere with the care of the child whenever the administrator were a stranger, unless the owner,
committed but shall provide for his support. Upon grants the entire proceeds to the child. In any case,
proper petition or at its own instance, the court may the proceeds thus give in whole or in part shall not be
terminate the commitment of the child whenever just charged to the child’s legitime. (322a)
and proper. (391a)
Chapter 5. Suspension or Termination of Parental
Chapter 4. Effect of Parental Authority Upon the Authority
Property of the Children
Art. 228. Parental authority terminates permanently:
Art. 225. The father and the mother shall jointly
exercise legal guardianship over the property of the (1) Upon the death of the parents;
unemancipated common child without the necessity of
(2) Upon the death of the child; or
a court appointment. In case of disagreement, the (3) Upon emancipation of the child. (327a)
father’s decision shall prevail, unless there is a judicial
order to the contrary.
Art. 229. Unless subsequently revived by a final
judgment, parental authority also terminates:
Where the market value of the property or the annual
income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such (1) Upon adoption of the child;
amount as the court may determine, but not less than
ten ​per centum (10%) of the value of the property or (2) Upon appointment of a general guardian;
annual income, to guarantee the performance of the
obligations prescribed for general guardians.
(3) Upon judicial declaration of abandonment of the
child in a case filed for the purpose;
A verified petition for approval of the bond shall be
filed in the proper court of the place where the child
resides, or, if the child resides in a foreign country, in (4) Upon final judgment of a competent court
the proper court of the place where the property or divesting the party concerned of parental authority; or
any part thereof is situated.
(5) Upon judicial declaration of absence or incapacity
The petition shall be docketed as a summary special of the person exercising parental authority. (327a)
proceeding in which all incidents and issues regarding
the performance of the obligations referred to in the Art. 230. Parental authority is suspended upon
second paragraph of this Article shall be heard and conviction of the parent or the person exercising the
resolved. same of a crime which carries with it the penalty of
civil interdiction. The authority is automatically
The ordinary rules on guardianship shall be merely reinstated upon service of the penalty or upon pardon
suppletory except when the child is under substitute or amnesty of the offender. (330a)
parental authority, or the guardian is a stranger, or a
Art. 231. The court in an action filed for the purpose in Art. 235. The provisions governing emancipation by
a related case may also suspend parental authority if recorded agreement shall also apply to an orphan
the parent or the person exercising the same: minor and the person exercising parental authority but
the agreement must be approved by the court before
(1) Treats the child with excessive harshness or it is recorded. (n)
cruelty;
(2) Gives the child corrupting orders, counsel or Art. 236. Emancipation for any cause shall terminate
example; parental authority over the person and property of the
(3) Compels the child to beg; or child who shall then be qualified and responsible for
(4) Subjects the child or allows him to be all acts of civil life. (412a)
subjected to acts of lasciviousness.
Art. 237. The annulment or declaration of nullity of the
The grounds enumerated above are deemed to marriage of a minor or of the recorded agreement
include cases which have resulted from culpable mentioned in the foregoing. Articles 234 and 235 shall
negligence of the parent or the person exercising revive the parental authority over the minor but shall
parental authority. not affect acts and transactions that took place prior
to the recording of the final judgment in the Civil
If the degree of seriousness so warrants, or the Register. (n)
welfare of the child so demands, the court shall
deprive the guilty party of parental authority or adopt TITLE XIII
such other measures as may be proper under the Use of Surnames (n)
circumstances.
ARTICLE 364. Legitimate and legitimated children
The suspension or deprivation may be revoked and shall principally use the surname of the father.
the parental authority revived in a case filed for the
purpose or in the same proceeding if the court finds ARTICLE 365. An adopted child shall bear the
that the cause therefor has ceased and will not be
surname of the adopter.
repeated. (33a)

ARTICLE 366. A natural child acknowledged by both

Art. 232. If the person exercising parental authority parents shall principally use the surname of the
has subjected the child or allowed him to be subjected father. If recognized by only one of the parents, a
to sexual abuse, such person shall be permanently natural child shall employ the surname of the
deprived by the court of such authority. (n)
recognizing parent.

Art. 233. The person exercising substitute parental ARTICLE 367. Natural children by legal fiction shall
authority shall have the same authority over the principally employ the surname of the father.
person of the child as the parents.

ARTICLE 368. Illegitimate children referred to in

In no case shall the school administrator, teacher of article 287 shall bear the surname of the mother.
individual engaged in child care exercising special
parental authority inflict corporal punishment upon the
child. (n) ARTICLE 369. Children conceived before the decree
annulling a voidable marriage shall principally use the
surname of the father.
TITLE X

ARTICLE 370. A married woman may use:

EMANCIPATION AND AGE OF MAJORITY
Art. 234. Emancipation takes place by the attainment
of majority. Unless otherwise provided, majority (1) Her maiden first name and surname and add
commences at the age of twenty-one years. her husband’s surname, or
(2) Her maiden first name and her husband’s
surname, or
Emancipation also takes place: (3) Her husband’s full name, but prefixing a
word indicating that she is his wife, such as
(1) By the marriage of the minor; or “Mrs.”
(2) By the recording in the Civil Register of an
agreement in a public instrument executed ARTICLE 371. In case of annulment of marriage, and
by the parent exercising parental authority the wife is the guilty party, she shall resume her
and the minor at least eighteen years of age. maiden name and surname. If she is the innocent
Such emancipation shall be irrevocable. spouse, she may resume her maiden name and
(397a, 398a, 400a, 401a)
surname. However, she may choose to continue TITLE XVI
employing her former husband’s surname, unless: Civil Register

(1) The court decrees otherwise, or ARTICLE 407. Acts, events and judicial decrees
(2) She or the former husband is married again concerning the civil status of persons shall be
to another person. recorded in the civil register. (325a)

ARTICLE 372. When legal separation has been ARTICLE 408. The following shall be entered in the
granted, the wife shall continue using her name and civil register:
surname employed before the legal separation.
(1) Births;
ARTICLE 373. A widow may use the deceased (2) marriages;
husband’s surname as though he were still living, in (3) deaths; aoLnLe
accordance with article 370. (4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the
ARTICLE 374. In case of identity of names and
surnames, the younger person shall be obliged to use beginning;
such additional name or surname as will avoid (7) legitimations;
confusion. (8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
ARTICLE 375. In case of identity of names and (11) loss, or
surnames between ascendants and descendants, the (12) recovery of citizenship;
word “Junior” can be used only by a son. Grandsons (13) civil interdiction;
and other direct male descendants shall either: (14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(1) Add a middle name or the mother’s surname, or (16) changes of name. (326a)

(2) Add the Roman numerals II, III, and so on. ARTICLE 409. In cases of legal separation, adoption,
naturalization and other judicial orders mentioned in
the preceding article, it shall be the duty of the clerk of
ARTICLE 376. No person can change his name or the court which issued the decree to ascertain
surname without judicial authority. whether the same has been registered, and if this has
not been done, to send a copy of said decree to the
ARTICLE 377. Usurpation of a name and surname civil registry of the city or municipality where the court
may be the subject of an action for damages and is functioning. (n)
other relief.
ARTICLE 410. The books making up the civil register
ARTICLE 378. The unauthorized or unlawful use of and all documents relating thereto shall be considered
another person’s surname gives a right of action to public documents and shall be prima facie evidence
the latter. of the facts therein contained. (n)

ARTICLE 379. The employment of pen names or ARTICLE 411. Every civil registrar shall be civilly
stage names is permitted, provided it is done in good responsible for any unauthorized alteration made in
faith and there is no injury to third persons. Pen any civil register, to any person suffering damage
names and stage names cannot be usurped. thereby. However, the civil registrar may exempt
himself from such liability if he proves that he has
taken every reasonable precaution to prevent the
ARTICLE 380. Except as provided in the preceding unlawful alteration. (n)
article, no person shall use different names and
surnames.
ARTICLE 412. No entry in a civil register shall be
changed or corrected, without a judicial order. (n)

ARTICLE 413. All other matters pertaining to the

registration of civil status shall be governed by special
laws. (n)