Executive Order No. 209 The Family Code of The Philippines July 6, 1987

EXECUTIVE ORDER NO.
209
THE FAMILY CODE OF THE PHILIPPINES
July 6, 1987
I, CORAZON C. AQUINO, President of the
Philippines, by virtue of the powers vested in
me by the Constitution, do hereby order and
promulgate the Family Code of the
Philippines, as follows:
TITLE I
MARRIAGE
Chapter 1. Requisites of Marriage
Article 1. Marriage is a special contract of
permanent union between a man and a
woman entered into in accordance with law
for the establishment of conjugal and family
life. It is the foundation of the family and an
inviolable social institution whose nature,
consequences, and incidents are governed by
law and not subject to stipulation, except that
marriage settlements may fix the property
relations during the marriage within the limits
provided by this Code. (52a)
Art. 2. No marriage shall be valid, unless
these essential requisites are present:
(1) Legal capacity of the contracting parties
who must be a male and a female; and
(2) Consent freely given in the presence of
the solemnizing officer. (53a)
Art. 3. The formal requisites of marriage are:
void ab initio, except as stated in Article 35

(2).
A defect in any of the essential requisites
shall render the marriage voidable as
provided in Article 45.
An irregularity in the formal requisites shall
not affect the validity of the marriage but the
party or parties responsible for the
irregularity shall be civilly, criminally and
administratively liable. (n)
Art. 5. Any male or female of the age of
eighteen years or upwards not under any of
the impediments mentioned in Articles 37
and 38, may contract marriage. (54a)
Art. 6. No prescribed form or religious rite for
the solemnization of the marriage is required.
It shall be necessary, however, for the
contracting parties to appear personally
before the solemnizing officer and declare in
the presence of not less than two witnesses
of legal age that they take each other as
husband and wife. This declaration shall be
contained in the marriage certificate which
shall be signed by the contracting parties and
their witnesses and attested by the
solemnizing officer.
In case of a marriage in articulo mortis, when
the party at the point of death is unable to
sign the marriage certificate, it shall be
sufficient for one of the witnesses to the
marriage to write the name of said party,
which fact shall be attested by the
solemnizing officer. (55a)
(1) Authority of the solemnizing officer;

Art. 7. Marriage may be solemnized by:
(2) A valid marriage license except in the
cases provided for in Chapter 2 of this Title;
and
(3) A marriage ceremony which takes place
with the appearance of the contracting
parties before the solemnizing officer and
their personal declaration that they take each
other as husband and wife in the presence of
not less than two witnesses of legal age.
(53a, 55a)
Art. 4. The absence of any of the essential or
formal requisites shall render the marriage
(1) Any incumbent member of the judiciary

within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any
church or religious sect duly authorized by his
church or religious sect and registered with
the civil registrar general, acting within the
limits of the written authority granted by his
church or religious sect and provided that at
least one of the contracting parties belongs
to the solemnizing officer's church or religious
sect;
(3) Any ship captain or airplane chief only in

the case mentioned in Article 31;
(4) Any military commander of a unit to
which a chaplain is assigned, in the absence
of the latter, during a military operation,
likewise only in the cases mentioned in
Article 32;
(5) Any consul-general, consul or vice-consul
in the case provided in Article 10. (56a)
Article. 8. The marriage shall be solemnized
publicly in the chambers of the judge or in
open court, in the church, chapel or temple,
or in the office the consul-general, consul or
vice-consul, as the case may be, and not
elsewhere, except in cases of marriages
contracted on the point of death or in remote
places in accordance with Article 29 of this
Code, or where both of the parties request
the solemnizing officer in writing in which
case the marriage may be solemnized at a
house or place designated by them in a
sworn statement to that effect. (57a)
Art. 9. A marriage license shall be issued by
the local civil registrar of the city or
municipality where either contracting party
habitually resides, except in marriages where
no license is required in accordance with
Chapter 2 of this Title. (58a)
Art. 10. Marriages between Filipino citizens
abroad may be solemnized by a consulgeneral, consul or vice-consul of the Republic
of the Philippines. The issuance of the
marriage license and the duties of the local
civil registrar and of the solemnizing officer
with regard to the celebration of marriage
shall be performed by said consular official.
(75a)
Art. 11. Where a marriage license is required,
each of the contracting parties shall file
separately a sworn application for such
license with the proper local civil registrar
which shall specify the following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;

(5) If previously married, how, when and
where the previous marriage was dissolved or
annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting
parties;
(8) Full name, residence and citizenship of the
father;
(9) Full name, residence and citizenship of the
mother; and
(10) Full name, residence and citizenship of
the guardian or person having charge, in case
the contracting party has neither father nor
mother and is under the age of twenty-one
years.
The applicants, their parents or guardians
shall not be required to exhibit their
residence certificates in any formality in
connection with the securing of the marriage
license. (59a)
Art. 12. The local civil registrar, upon
receiving such application, shall require the
presentation of the original birth certificates
or, in default thereof, the baptismal
certificates of the contracting parties or
copies of such documents duly attested by
the persons having custody of the originals.
These certificates or certified copies of the
documents by this Article need not be sworn
to and shall be exempt from the documentary
stamp tax. The signature and official title of
the person issuing the certificate shall be
sufficient proof of its authenticity.
If either of the contracting parties is unable to
produce his birth or baptismal certificate or a
certified copy of either because of the
destruction or loss of the original or if it is
shown by an affidavit of such party or of any
other person that such birth or baptismal
certificate has not yet been received though
the same has been required of the person
having custody thereof at least fifteen days
prior to the date of the application, such
party may furnish in lieu thereof his current
residence certificate or an instrument drawn
up and sworn to before the local civil registrar

concerned or any public official authorized to
administer oaths. Such instrument shall
contain the sworn declaration of two
witnesses of lawful age, setting forth the full
name, residence and citizenship of such
contracting party and of his or her parents, if
known, and the place and date of birth of
such party. The nearest of kin of the
contracting parties shall be preferred as
witnesses, or, in their default, persons of
good reputation in the province or the
locality.
The presentation of birth or baptismal
certificate shall not be required if the parents
of the contracting parties appear personally
before the local civil registrar concerned and
swear to the correctness of the lawful age of
said parties, as stated in the application, or
when the local civil registrar shall, by merely
looking at the applicants upon their
personally
appearing
before
him,
be
convinced that either or both of them have
the required age. (60a)
Art. 13. In case either of the contracting
parties has been previously married, the
applicant shall be required to furnish, instead
of the birth or baptismal certificate required
in the last preceding article, the death
certificate of the deceased spouse or the
judicial decree of the absolute divorce, or the
judicial decree of annulment or declaration of
nullity of his or her previous marriage.
In case the death certificate cannot be
secured, the party shall make an affidavit
setting forth this circumstance and his or her
actual civil status and the name and date of
death of the deceased spouse. (61a)
Art. 14. In case either or both of the
contracting
parties,
not
having
been
emancipated by a previous marriage, are
between the ages of eighteen and twentyone, they shall, in addition to the
requirements of the preceding articles,
exhibit to the local civil registrar, the consent
to their marriage of their father, mother,
surviving parent or guardian, or persons
having legal charge of them, in the order
mentioned. Such consent shall be manifested
in writing by the interested party, who
personally appears before the proper local
civil registrar, or in the form of an affidavit

made in the presence of two witnesses and
attested before any official authorized by law
to
administer
oaths.
The
personal
manifestation shall be recorded in both
applications for marriage license, and the
affidavit, if one is executed instead, shall be
attached to said applications. (61a)
Art. 15. Any contracting party between the
age of twenty-one and twenty-five shall be
obliged to ask their parents or guardian for
advice upon the intended marriage. If they do
not obtain such advice, or if it be unfavorable,
the marriage license shall not be issued till
after three months following the completion
of the publication of the application therefor.
A sworn statement by the contracting parties
to the effect that such advice has been
sought, together with the written advice
given, if any, shall be attached to the
application for marriage license. Should the
parents or guardian refuse to give any advice,
this fact shall be stated in the sworn
statement. (62a)
Art. 16. In the cases where parental consent
or parental advice is needed, the party or
parties concerned shall, in addition to the
requirements of the preceding articles, attach
a certificate issued by a priest, imam or
minister authorized to solemnize marriage
under Article 7 of this Code or a marriage
counselor duly accredited by the proper
government agency to the effect that the
contracting parties have undergone marriage
counseling. Failure to attach said certificates
of marriage counseling shall suspend the
issuance of the marriage license for a period
of three months from the completion of the
publication of the application. Issuance of the
marriage license within the prohibited period
shall
subject
the
issuing
officer
to
administrative sanctions but shall not affect
the validity of the marriage.
Should only one of the contracting parties
need parental consent or parental advice, the
other party must be present at the counseling
referred to in the preceding paragraph. (n)
Art. 17. The local civil registrar shall prepare
a notice which shall contain the full names
and residences of the applicants for a
marriage license and other data given in the
applications. The notice shall be posted for

ten consecutive days on a bulletin board
outside the office of the local civil registrar
located in a conspicuous place within the
building and accessible to the general public.
This notice shall request all persons having
knowledge of any impediment to the
marriage to advise the local civil registrar
thereof. The marriage license shall be issued
after the completion of the period of
publication. (63a)
Art. 18. In case of any impediment known to
the local civil registrar or brought to his
attention, he shall note down the particulars
thereof and his findings thereon in the
application for marriage license, but shall
nonetheless issue said license after the
completion of the period of publication,
unless ordered otherwise by a competent
court at his own instance or that of any
interest party. No filing fee shall be charged
for the petition nor a corresponding bond
required for the issuances of the order. (64a)
Art. 19. The local civil registrar shall require
the payment of the fees prescribed by law or
regulations before the issuance of the
marriage license. No other sum shall be
collected in the nature of a fee or tax of any
kind for the issuance of said license. It shall,
however, be issued free of charge to indigent
parties, that is those who have no visible
means of income or whose income is
insufficient for their subsistence a fact
established by their affidavit, or by their oath
before the local civil registrar. (65a)
Art. 20. The license shall be valid in any part
of the Philippines for a period of one hundred
twenty days from the date of issue, and shall
be deemed automatically canceled at the
expiration of the said period if the contracting
parties have not made use of it. The expiry
date shall be stamped in bold characters on
the face of every license issued. (65a)
Art. 21. When either or both of the
contracting parties are citizens of a foreign
country, it shall be necessary for them before
a marriage license can be obtained, to submit
a certificate of legal capacity to contract
marriage,
issued
by
their
respective
diplomatic or consular officials.
Stateless persons or refugees from other

countries shall, in lieu of the certificate of
legal capacity herein required, submit an
affidavit stating the circumstances showing
such capacity to contract marriage. (66a)
Art. 22. The marriage certificate, in which the
parties shall declare that they take each
other as husband and wife, shall also state:
(1) The full name, sex and age of each
contracting party;
(2) Their citizenship, religion and habitual
residence;
(3) The date and precise
celebration of the marriage;
time
of
the
(4) That the proper marriage license has been

issued according to law, except in marriage
provided for in Chapter 2 of this Title;
(5) That either or both of the contracting
parties have secured the parental consent in
appropriate cases;
(6) That either or both of the contracting
parties have complied with the legal
requirement regarding parental advice in
appropriate cases; and
(7) That the parties have entered into
marriage settlement, if any, attaching a copy
thereof. (67a)
Art. 23. It shall be the duty of the person
solemnizing the marriage to furnish either of
the contracting parties the original of the
marriage certificate referred to in Article 6
and to send the duplicate and triplicate
copies of the certificate not later than fifteen
days after the marriage, to the local civil
registrar of the place where the marriage was
solemnized. Proper receipts shall be issued by
the local civil registrar to the solemnizing
officer transmitting copies of the marriage
certificate. The solemnizing officer shall
retain in his file the quadruplicate copy of the
marriage certificate, the copy of the marriage
certificate, the original of the marriage
license and, in proper cases, the affidavit of
the
contracting
party
regarding
the
solemnization of the marriage in place other
than those mentioned in Article 8. (68a)
Art. 24. It shall be the duty of the local civil

registrar to prepare the documents required
by this Title, and to administer oaths to all
interested parties without any charge in both
cases. The documents and affidavits filed in
connection with applications for marriage
licenses shall be exempt from documentary
stamp tax. (n)
Art. 25. The local civil registrar concerned
shall enter all applications for marriage
licenses filed with him in a registry book
strictly in the order in which the same are
received. He shall record in said book the
names of the applicants, the date on which
the marriage license was issued, and such
other data as may be necessary. (n)
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 as such, shall
also be valid in this country, except those
prohibited under Articles 35 (1), (4), (5) and
(6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad
by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have
capacity to remarry under Philippine law. (As
amended by Executive Order 227)
Chapter 2. Marriages Exempted from License
Requirement
Art. 27. In case either or both of the
contracting parties are at the point of death,
the marriage may be solemnized without
necessity of a marriage license and shall
remain valid even if the ailing party
subsequently survives. (72a)
Art. 28. If the residence of either party is so
located that there is no means of
transportation to enable such party to appear
personally before the local civil registrar, the
marriage may be solemnized without
necessity of a marriage license. (72a)
Art. 29. In the cases provided for in the two
preceding articles, the solemnizing officer
shall state in an affidavit executed before the
local civil registrar or any other person legally

authorized to administer oaths that the
marriage was performed in articulo mortis or
that the residence of either party, specifying
the barrio or barangay, is so located that
there is no means of transportation to enable
such party to appear personally before the
local civil registrar and that the officer took
the necessary steps to ascertain the ages and
relationship of the contracting parties and the
absence of legal impediment to the marriage.
(72a)
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 solemnizing the marriage
to the local civil registrar of the municipality
where it was performed within the period of
thirty days after the performance of the
marriage. (75a)
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 not only while the ship is at sea
or the plane is in flight, but also during
stopovers at ports of call. (74a)
Art. 32. A military commander of a unit, who
is a commissioned officer, shall likewise have
authority to solemnize marriages in articulo
mortis between persons within the zone of
military operation, whether members of the
armed forces or civilians. (74a)
Art. 33. Marriages among Muslims or among
members of the ethnic cultural communities
may be performed validly without the
necessity of marriage license, provided they
are solemnized in accordance with their
customs, rites or practices. (78a)
Art. 34. No license shall be necessary for the
marriage of a man and a woman who have
lived together as husband and wife for at
least five years and without any legal
impediment to marry each other. The
contracting parties shall state the foregoing
facts in an affidavit before any person
authorized by law to administer oaths. The
solemnizing officer shall also state under oath
that he ascertained the qualifications of the
contracting parties are found no legal
impediment to the marriage. (76a)
Chapter 3. Void and Voidable Marriages

Art. 35. The following marriages shall be void
from the beginning:
(1) Between collateral blood relatives

whether
legitimate or illegitimate, up to the fourth
civil degree;
(2) Between step-parents and step-children;
(1) Those contracted by any party below

eighteen years of age even with the consent
of parents or guardians;
(2) Those solemnized by any person not
legally authorized to perform marriages
unless such marriages were contracted with
either or both parties believing in good faith
that the solemnizing officer had the legal
authority to do so;
(3) Those solemnized without license, except
those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages
not failing under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void
under Article 53.
Art. 36. A marriage contracted by any party
who, at the time of the celebration, was
psychologically incapacitated to comply with
the essential marital obligations of marriage,
shall likewise be void even if such incapacity
becomes
manifest
only
after
its
solemnization. (As amended by Executive
Order 227)
Art. 37. Marriages between the following are
incestuous and void from the beginning,
whether relationship between the parties be
legitimate or illegitimate:
(1) Between ascendants and descendants of
any degree; and
(2) Between brothers and sisters, whether of
the full or half blood. (81a)
Art. 38. The following marriages shall be void
from the beginning for reasons of public
policy:
(3) Between parents-in-law and children-inlaw;

(4) Between the adopting parent and the
adopted child;
(5) Between the surviving spouse of the
adopting parent and the adopted child;
(6) Between the surviving spouse of the
adopted child and the adopter;
(7) Between an adopted child
legitimate child of the adopter;
and
(8) Between adopted children of the same

adopter; and
(9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.
(82)
Art. 39. The action or defense for the
declaration of absolute nullity of a marriage
shall not prescribe. (As amended by
Executive Order 227 and Republic Act No.
8533; The phrase "However, in case of
marriage celebrated before the effectivity of
this Code and falling under Article 36, such
action or defense shall prescribe in ten years
after this Code shall taken effect" has been
deleted by Republic Act No. 8533 [Approved
February 23, 1998]).
Art. 40. The absolute nullity of a previous
marriage may be invoked for purposes of
remarriage on the basis solely of a final
judgment declaring such previous marriage
void. (n)
Art. 41. A marriage contracted by any person
during subsistence of a previous marriage
shall be null and void, unless before the
celebration of the subsequent marriage, the
prior spouse had been absent for four
consecutive years and the spouse present
has a well-founded belief that the absent
spouse was already dead. In case of

disappearance where there is danger of death
under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
For
the
purpose
of
contracting
the
subsequent marriage under the preceding
paragraph the spouse present must institute
a summary proceeding as provided in this
Code for the declaration of presumptive
death of the absentee, without prejudice to
the effect of reappearance of the absent
spouse. (83a)
donations made to said donee are revoked by

operation of law;
(4) The innocent spouse may revoke the
designation of the other spouse who acted in
bad faith as beneficiary in any insurance
policy, even if such designation be stipulated
as irrevocable; and
(5) The spouse who contracted the
subsequent marriage in bad faith shall be
disqualified to inherit from the innocent
spouse by testate and intestate succession.
(n)
Art. 42. The subsequent marriage referred to

in the preceding Article shall be automatically
terminated by the recording of the affidavit of
reappearance of the absent spouse, unless
there is a judgment annulling the previous
marriage or declaring it void ab initio.
Art. 44. If both spouses of the subsequent

marriage acted in bad faith, said marriage
shall be void ab initio and all donations by
reason of marriage and testamentary
dispositions made by one in favor of the other
are revoked by operation of law. (n)
A sworn statement of the fact and

circumstances of reappearance shall be
recorded in the civil registry of the residence
of the parties to the subsequent marriage at
the instance of any interested person, with
due notice to the spouses of the subsequent
marriage and without prejudice to the fact of
reappearance being judicially determined in
case such fact is disputed. (n)
Art. 45. A marriage may be annulled for any

of the following causes, existing at the time
of the marriage:
Art. 43. The termination of the subsequent

marriage referred to in the preceding Article
shall produce the following effects:
(1) The children of the subsequent marriage
conceived prior to its termination shall be
considered legitimate;
(2) The absolute community of property or
the conjugal partnership, as the case may be,
shall be dissolved and liquidated, but if either
spouse contracted said marriage in bad faith,
his or her share of the net profits of the
community property or conjugal partnership
property shall be forfeited in favor of the
common children or, if there are none, the
children of the guilty spouse by a previous
marriage or in default of children, the
innocent spouse;
(3) Donations by reason of marriage shall
remain valid, except that if the donee
contracted the marriage in bad faith, such
(1) That the party in whose behalf it is sought

to have the marriage annulled was eighteen
years of age or over but below twenty-one,
and the marriage was solemnized without the
consent of the parents, guardian or person
having substitute parental authority over the
party, in that order, unless after attaining the
age of twenty-one, such party freely
cohabited with the other and both lived
together as husband and wife;
(2) That either party was of unsound mind,
unless such party after coming to reason,
freely cohabited with the other as husband
and wife;
(3) That the consent of either party was
obtained by fraud, unless such party
afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with
the other as husband and wife;
(4) That the consent of either party was
obtained by force, intimidation or undue
influence,
unless
the
same
having
disappeared or ceased, such party thereafter
freely cohabited with the other as husband
and wife;
(5) That either party was physically incapable

of consummating the marriage with the
other, and such incapacity continues and
appears to be incurable; or
(6) That either party was afflicted with a
sexually-transmissible disease found to be
serious and appears to be incurable. (85a)
Art. 46. Any of the following circumstances
shall constitute fraud referred to in Number 3
of the preceding Article:
(1) Non-disclosure of a previous conviction by
final judgment of the other party of a crime
involving moral turpitude;
(2) Concealment by the wife of the fact that
at the time of the marriage, she was
pregnant by a man other than her husband;
(3) Concealment of sexually transmissible
disease, regardless of its nature, existing at
the time of the marriage; or
(4) Concealment of drug addiction, habitual
alcoholism or homosexuality or lesbianism
existing at the time of the marriage.
No other misrepresentation or deceit as to
character, health, rank, fortune or chastity
shall constitute such fraud as will give
grounds for action for the annulment of
marriage. (86a)
Art. 47. The action for annulment of marriage
must be filed by the following persons and
within the periods indicated herein:
(1) For causes mentioned in number 1 of
Article 45 by the party whose parent or
guardian did not give his or her consent,
within five years after attaining the age of
twenty-one, or by the parent or guardian or
person having legal charge of the minor, at
any time before such party has reached the
age of twenty-one;
Article 45, by the same spouse, who had no
knowledge of the other's insanity; or by any
relative or guardian or person having legal
charge of the insane, at any time before the
death of either party, or by the insane spouse
during a lucid interval or after regaining

sanity;
Article 45, by the injured party, within five
years after the discovery of the fraud;
Article 45, by the injured party, within five
years from the time the force, intimidation or
undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6
of Article 45, by the injured party, within five
years after the marriage. (87a)
Art. 48. In all cases of annulment or
declaration of absolute nullity of marriage,
the Court shall order the prosecuting attorney
or fiscal assigned to it to appear on behalf of
the State to take steps to prevent collusion
between the parties and to take care that
evidence is not fabricated or suppressed.
In the cases referred to in the preceding
paragraph, no judgment shall be based upon
a stipulation of facts or confession of
judgment. (88a)
Art. 49. During the pendency of the action
and in the absence of adequate provisions in
a written agreement between the spouses,
the Court shall provide for the support of the
spouses and the custody and support of their
common children. The Court shall give
paramount consideration to the moral and
material welfare of said children and their
choice of the parent with whom they wish to
remain as provided to in Title IX. It shall also
provide for appropriate visitation rights of the
other parent. (n)
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 declared
ab initio or annulled by final judgment under
Articles 40 and 45.
The final judgment in such cases shall
provide for the liquidation, partition and
distribution of the properties of the spouses,
the custody and support of the common
children,
and
the
delivery
of
third
presumptive legitimes, unless such matters
had been adjudicated in previous judicial

proceedings.
subsequent marriage under Article 53 shall

likewise be legitimate.
All creditors of the spouses as well as of the

absolute
community
or
the
conjugal
partnership shall
be notified of
the
proceedings for liquidation.
TITLE II
LEGAL SEPARATION
In the partition, the conjugal dwelling and the

lot on which it is situated, shall be
adjudicated in accordance with the provisions
of Articles 102 and 129.
Art. 51. In said partition, the value of the
presumptive legitimes of all common
children, computed as of the date of the final
judgment of the trial court, shall be delivered
in cash, property or sound securities, unless
the parties, by mutual agreement judicially
approved, had already provided for such
matters.
The children or their guardian or the trustee
of their property may ask for the enforcement
of the judgment.
The delivery of the presumptive legitimes
herein prescribed shall in no way prejudice
the ultimate successional rights of the
children accruing upon the death of either of
both of the parents; but the value of the
properties already received under the decree
of annulment or absolute nullity shall be
considered as advances on their legitime. (n)
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 children's
presumptive legitimes shall be recorded in
the appropriate civil registry and registries of
property; otherwise, the same shall not affect
third persons. (n)
Art. 53. Either of the former spouses may
marry again after compliance with the
requirements of the immediately preceding
Article; otherwise, the subsequent marriage
shall be null and void.
Art. 54. Children conceived or born before the
judgment of annulment or absolute nullity of
the marriage under Article 36 has become
final and executory shall be considered
legitimate. Children conceived or born of the
Art. 55. A petition for legal separation may be

filed on any of the following grounds:
(1) Repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a child of the
petitioner;
(2) Physical violence or moral pressure to
compel the petitioner to change religious or
political affiliation;
(3) Attempt of respondent to corrupt or
induce the petitioner, a common child, or a
child of the petitioner, to engage in
prostitution, or connivance in such corruption
or inducement;
(4) Final judgment sentencing the respondent
to imprisonment of more than six years, even
if pardoned;
(5) Drug addiction or habitual alcoholism of
the respondent;
(6) Lesbianism
respondent;
or
homosexuality
of
the
(7) Contracting by the respondent of a

subsequent bigamous marriage, whether in
the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life
of the petitioner; or
(10)
Abandonment
of
petitioner
by
respondent without justifiable cause for more
than one year.
For purposes of this Article, the term "child"
shall include a child by nature or by adoption.
(9a)
Art. 56. The petition for legal separation shall
be denied on any of the following grounds:
(1) Where the aggrieved party has condoned
the offense or act complained of;
(2) Where the aggrieved party has consented

to the commission of the offense or act
complained of;
(3) Where there is connivance between the
parties in the commission of the offense or
act constituting the ground for legal
separation;
(4) Where both parties have given ground for
legal separation;
(5) Where there is collusion between the
parties to obtain decree of legal separation;
or
(6) Where the action is barred by prescription.
(100a)
Art. 57. An action for legal separation shall be
filed within five years from the time of the
occurrence of the cause. (102)
Art. 58. An action for legal separation shall in
no case be tried before six months shall have
elapsed since the filing of the petition. (103)
Art. 59. No legal separation may be decreed
unless the Court has taken steps toward the
reconciliation of the spouses and is fully
satisfied,
despite
such
efforts,
that
reconciliation is highly improbable. (n)
Art. 60. No decree of legal separation shall be
based upon a stipulation of facts or a
confession of judgment.
In any case, the Court shall order the
prosecuting attorney or fiscal assigned to it to
take steps to prevent collusion between the
parties and to take care that the evidence is
not fabricated or suppressed. (101a)
Art. 61. After the filing of the petition for legal
separation, the spouses shall be entitled to
live separately from each other.
The court, in the absence of a written
agreement between the spouses, shall
designate either of them or a third person to
administer the absolute community or
conjugal
partnership
property.
The
administrator appointed by the court shall
have the same powers and duties as those of

a guardian under the Rules of Court. (104a)
Art. 62. During the pendency of the action for
legal separation, the provisions of Article 49
shall likewise apply to the support of the
spouses and the custody and support of the
common children. (105a)
Art. 63. The decree of legal separation shall
have the following effects:
(1) The spouses shall be entitled to live
separately from each other, but the marriage
bonds shall not be severed;
(2) The absolute community or the conjugal
partnership shall be dissolved and liquidated
but the offending spouse shall have no right
to any share of the net profits earned by the
absolute
community
or
the
conjugal
partnership, which shall be forfeited in
accordance with the provisions of Article
43(2);
(3) The custody of the minor children shall be
awarded to the innocent spouse, subject to
the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified
from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in
favor of the offending spouse made in the will
of the innocent spouse shall be revoked by
operation of law. (106a)
Art. 64. After the finality of the decree of legal
separation, the innocent spouse may revoke
the donations made by him or by her in favor
of the offending spouse, as well as the
designation of the latter as beneficiary in any
insurance policy, even if such designation be
stipulated as irrevocable. The revocation of
the donations shall be recorded in the
registries of property in the places where the
properties are located. Alienations, liens and
encumbrances registered in good faith before
the recording of the complaint for revocation
in the registries of property shall be
respected. The revocation of or change in the
designation of the insurance beneficiary shall
take effect upon written notification thereof
to the insured.
The action to revoke the donation under this

Article must be brought within five years from
the time the decree of legal separation
become final. (107a)
Art. 65. If the spouses should reconcile, a
corresponding joint manifestation under oath
duly signed by them shall be filed with the
court in the same proceeding for legal
separation. (n)
Art. 66. The reconciliation referred to in the
preceding Articles shall have the following
consequences:
(1) The legal separation proceedings, if still
pending, shall thereby be terminated at
whatever stage; and
(2) The final decree of legal separation shall
be set aside, but the separation of property
and any forfeiture of the share of the guilty
spouse already effected shall subsist, unless
the spouses agree to revive their former
property regime.
The court's order containing the foregoing
shall be recorded in the proper civil registries.
(108a)
Art. 67. The agreement to revive the former
property regime referred to in the preceding
Article shall be executed under oath and shall
specify:
(1) The properties to be contributed anew to
the restored regime;
(2) Those to be retained as
properties of each spouse; and
separated
(3) The names of all their known creditors,

their addresses and the amounts owing to
each.
The agreement of revival and the motion for
its approval shall be filed with the court in the
same proceeding for legal separation, with
copies of both furnished to the creditors
named therein. After due hearing, the court
shall, in its order, take measure to protect the
interest of creditors and such order shall be
recorded in the proper registries of
properties.
The recording of the ordering in the registries
of property shall not prejudice any creditor
not listed or not notified, unless the debtorspouse has sufficient separate properties to
satisfy the creditor's claim. (195a, 108a)
TITLE III
RIGHTS AND OBLIGATIONS BETWEEN
HUSBAND AND WIFE
Art. 68. The husband and wife are obliged to
live together, observe mutual love, respect
and fidelity, and render mutual help and
support. (109a)
Art. 69. The husband and wife shall fix the
family domicile. In case of disagreement, the
court shall decide.
The court may exempt one spouse from living
with the other if the latter should live abroad
or there are other valid and compelling
reasons for the exemption. However, such
exemption shall not apply if the same is not
compatible with the solidarity of the family.
(110a)
Art. 70. The spouses are jointly responsible
for the support of the family. The expenses
for such support and other conjugal
obligations shall be paid from the community
property and, in the absence thereof, from
the income or fruits of their separate
properties. In case of insufficiency or absence
of said income or fruits, such obligations shall
be satisfied from the separate properties.
(111a)
Art. 71. The management of the household
shall be the right and the duty of both
spouses. The expenses for such management
shall be paid in accordance with the
provisions of Article 70. (115a)
Art. 72. When one of the spouses neglects his
or her duties to the conjugal union or
commits acts which tend to bring danger,
dishonor or injury to the other or to the
family, the aggrieved party may apply to the
court for relief. (116a)
Art. 73. Either spouse may exercise any
legitimate profession, occupation, business or
activity without the consent of the other. The
latter may object only on valid, serious, and
moral grounds.
In case of disagreement, the court shall

decide whether or not:
marriage contract is recorded as well as in

the proper registries of properties. (122a)
(1) The objection is proper; and
Art. 78. A minor who according to law may

contract marriage may also execute his or her
marriage settlements, but they shall be valid
only if the persons designated in Article 14 to
give consent to the marriage are made
parties to the agreement, subject to the
provisions of Title IX of this Code. (120a)
(2) Benefit has occurred to the family prior to

the objection or thereafter. If the benefit
accrued prior to the objection, the resulting
obligation shall be enforced against the
separate property of the spouse who has not
obtained consent.
The foregoing provisions shall not prejudice
the rights of creditors who acted in good
faith. (117a)
TITLE IV
PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE
Chapter 1. General Provisions
Art. 74. The property relationship between
husband and wife shall be governed in the
following order:
(1) By marriage settlements executed before
the marriage;
Art. 79. For the validity of any marriage

settlement executed by a person upon whom
a sentence of civil interdiction has been
pronounced or who is subject to any other
disability, it shall be indispensable for the
guardian appointed by a competent court to
be made a party thereto. (123a)
Art. 80. In the absence of a contrary
stipulation in a marriage settlement, the
property relations of the spouses shall be
governed by Philippine laws, regardless of the
place of the celebration of the marriage and
their residence.
This rule shall not apply:
(1) Where both spouses are aliens;
(2) By the provisions of this Code; and

(3) By the local custom. (118)
Art. 75. The future spouses may, in the
marriage settlements, agree upon the regime
of absolute community, conjugal partnership
of gains, complete separation of property, or
any other regime. In the absence of a
marriage settlement, or when the regime
agreed upon is void, the system of absolute
community of property as established in this
Code shall govern. (119a)
Art. 76. In order that any modification in the
marriage settlements may be valid, it must
be made before the celebration of the
marriage, subject to the provisions of Articles
66, 67, 128, 135 and 136. (121)
Art. 77. The marriage settlements and any
modification thereof shall be in writing,
signed by the parties and executed before the
celebration of the marriage. They shall not
prejudice third persons unless they are
registered in the local civil registry where the
(2) With respect to the extrinsic validity of

contracts affecting property not situated in
the Philippines and executed in the country
where the property is located; and
(3) With respect to the extrinsic validity of
contracts entered into in the Philippines but
affecting property situated in a foreign
country
whose
laws
require
different
formalities for its extrinsic validity. (124a)
Art. 81. Everything stipulated in the
settlements or contracts referred to in the
preceding articles in consideration of a future
marriage, including donations between the
prospective spouses made therein, shall be
rendered void if the marriage does not take
place. However, stipulations that do not
depend upon the celebration of the marriages
shall be valid. (125a)
Chapter 2. Donations by Reason of Marriage
Art. 82. Donations by reason of marriage are
those which are made before its celebration,
in consideration of the same, and in favor of

one or both of the future spouses. (126)
Art. 83. These donations are governed by the
rules on ordinary donations established in
Title III of Book III of the Civil Code, insofar as
they are not modified by the following
articles. (127a)
Art. 84. If the future spouses agree upon a
regime other than the absolute community of
property, they cannot donate to each other in
their marriage settlements more than onefifth of their present property. Any excess
shall be considered void.
Donations of future property shall be
governed by the provisions on testamentary
succession and the formalities of wills. (130a)
Art. 85. Donations by reason of marriage of
property subject to encumbrances shall be
valid. In case of foreclosure of the
encumbrance and the property is sold for less
than the total amount of the obligation
secured, the donee shall not be liable for the
deficiency. If the property is sold for more
than the total amount of said obligation, the
donee shall be entitled to the excess. (131a)
Art. 86. A donation by reason of marriage
may be revoked by the donor in the following
cases:
(1) If the marriage is not celebrated or
judicially declared void ab initio except
donations made in the marriage settlements,
which shall be governed by Article 81;
(2) When the marriage takes place without
the consent of the parents or guardian, as
required by law;
(3) When the marriage is annulled, and the
donee acted in bad faith;
(4) Upon legal separation, the donee being
the guilty spouse;
(5) If it is with a resolutory condition and the
condition is complied with;
(6) When the donee has committed an act of
ingratitude as specified by the provisions of
the Civil Code on donations in general. (132a)
Art. 87. Every donation or grant of gratuitous

advantage, direct or indirect, between the
spouses during the marriage shall be void,
except moderate gifts which the spouses may
give each other on the occasion of any family
rejoicing. The prohibition shall also apply to
persons living together as husband and wife
without a valid marriage. (133a)
Chapter 3. System of Absolute Community
Section 1. General Provisions
Art. 88. The absolute community of property
between spouses shall commence at the
precise moment that the marriage is
celebrated. Any stipulation, express or
implied, for the commencement of the
community regime at any other time shall be
void. (145a)
Art. 89. No waiver of rights, shares and
effects of the absolute community of property
during the marriage can be made except in
case of judicial separation of property.
When the waiver takes place upon a judicial
separation of property, or after the marriage
has been dissolved or annulled, the same
shall appear in a public instrument and shall
be recorded as provided in Article 77. The
creditors of the spouse who made such
waiver may petition the court to rescind the
waiver to the extent of the amount sufficient
to cover the amount of their credits. (146a)
Art. 90. The provisions on co-ownership shall
apply to the absolute community of property
between the spouses in all matters not
provided for in this Chapter. (n)
Section 2.
Property
What
Constitutes
Community
Art. 91. Unless otherwise provided in this

Chapter or in the marriage settlements, the
community property shall consist of all the
property owned by the spouses at the time of
the celebration of the marriage or acquired
thereafter. (197a)
Art. 92. The following shall be excluded from
the community property:
(1) Property acquired during the marriage by

gratuitous title by either spouse, and the
fruits as well as the income thereof, if any,
unless it is expressly provided by the donor,
testator or grantor that they shall form part of
the community property;
(2) Property for personal and exclusive use of
either spouse. However, jewelry shall form
part of the community property;
(3) Property acquired before the marriage by
either
spouse
who
has
legitimate
descendants by a former marriage, and the
fruits as well as the income, if any, of such
property. (201a)
Art. 93. Property acquired during the
marriage is presumed to belong to the
community, unless it is proved that it is one
of those excluded therefrom. (160)
Section 3. Charges and Obligations of the
Absolute Community
Art. 94. The absolute community of property
shall be liable for:
(1) The support of the spouses, their common
children, and legitimate children of either
spouse; however, the support of illegitimate
children shall be governed by the provisions
of this Code on Support;
(2) All debts and obligations contracted
during the marriage by the designated
administrator-spouse for the benefit of the
community, or by both spouses, or by one
spouse with the consent of the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to
the extent that the family may have been
benefited;
(4) All taxes, liens, charges and expenses,
including major or minor repairs, upon the
community property;
(5) All taxes and expenses for mere
preservation made during marriage upon the
separate property of either spouse used by
the family;
(6) Expenses to enable either spouse to

commence or complete a professional or
vocational course, or other activity for selfimprovement;
(7) Ante-nuptial debts of either spouse insofar
as they have redounded to the benefit of the
family;
(8) The value of what is donated or promised
by both spouses in favor of their common
legitimate children for the exclusive purpose
of commencing or completing a professional
or vocational course or other activity for selfimprovement;
(9) Ante-nuptial debts of either spouse other
than those falling under paragraph (7) of this
Article, the support of illegitimate children of
either spouse, and liabilities incurred by
either spouse by reason of a crime or a quasidelict, in case of absence or insufficiency of
the exclusive property of the debtor-spouse,
the payment of which shall be considered as
advances to be deducted from the share of
the debtor-spouse upon liquidation of the
community; and
(10) Expenses of litigation between the
spouses unless the suit is found to be
groundless.
If the community property is insufficient to
cover the foregoing liabilities, except those
falling under paragraph (9), the spouses shall
be solidarily liable for the unpaid balance
with their separate properties. (161a, 162a,
163a, 202a-205a)
Art. 95. Whatever may be lost during the
marriage in any game of chance, betting,
sweepstakes, or any other kind of gambling,
whether permitted or prohibited by law, shall
be borne by the loser and shall not be
charged to the community but any winnings
therefrom shall form part of the community
property. (164a)
Section 4. Ownership, Administrative,
Enjoyment and Disposition of the Community
Property
Art. 96. The administration and enjoyment of
the community property shall belong to both
spouses jointly. In case of disagreement, the
husband's decision shall prevail, subject to

recourse to the court by the wife for proper
remedy, which must be availed of within five
years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated
or otherwise unable to participate in the
administration of the common properties, the
other spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority
of the court or the written consent of the
other spouse. In the absence of such
authority or consent, the disposition or
encumbrance shall be void. However, the
transaction shall be construed as a continuing
offer on the part of the consenting spouse
and the third person, and may be perfected
as a binding contract upon the acceptance by
the other spouse or authorization by the court
before the offer is withdrawn by either or
both offerors. (206a)
Art. 97. Either spouse may dispose by will of
his or her interest in the community property.
(n)
Art. 98. Neither spouse may donate any
community property without the consent of
the other. However, either spouse may,
without the consent of the other, make
moderate donations from the community
property for charity or on occasions of family
rejoicing or family distress. (n)
Section 5. Dissolution of Absolute Community
Regime
Art. 99. The absolute community terminates:
(1) Upon the death of either spouse;
(2) When there
separation;
is
decree
of
legal
(3) When the marriage is annulled or declared

void; or
(4) In case of judicial separation of property
during the marriage under Articles 134 to
138. (175a)
Art. 100. The separation in fact between

husband and wife shall not affect the regime
of absolute community except that:
(1) The spouse who leaves the conjugal home
or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in a
summary proceeding;
(3) In the absence of sufficient community
property, the separate property of both
spouses shall be solidarily liable for the
support of the family. The spouse present
shall, upon proper petition in a summary
proceeding, be given judicial authority to
administer or encumber any specific separate
property of the other spouse and use the
fruits or proceeds thereof to satisfy the
latter's share. (178a)
Art. 101. If a spouse without just cause
abandons the other or fails to comply with his
or her obligations to the family, the aggrieved
spouse
may
petition
the
court
for
receivership, for judicial separation of
property or for authority to be the sole
administrator of the absolute community,
subject to such precautionary conditions as
the court may impose.
The obligations to the family mentioned in
the preceding paragraph refer to marital,
parental or property relations.
A spouse is deemed to have abandoned the
other when her or she has left the conjugal
dwelling without intention of returning. The
spouse who has left the conjugal dwelling for
a period of three months or has failed within
the same period to give any information as to
his or her whereabouts shall be prima facie
presumed to have no intention of returning to
the conjugal dwelling. (178a)
Section 6. Liquidation
Community
Assets and Liabilities
of
the
Absolute
Art. 102. Upon dissolution of the absolute

community regime, the following procedure
shall apply:
(1) An inventory shall be prepared, listing

separately all the properties of the absolute
community and the exclusive properties of
each spouse.
(2) The debts and obligations of the absolute
community shall be paid out of its assets. In
case of insufficiency of said assets, the
spouses shall be solidarily liable for the
unpaid balance with their separate properties
in accordance with the provisions of the
second paragraph of Article 94.
(3) Whatever remains of the exclusive
properties of the spouses shall thereafter be
delivered to each of them.
If no judicial settlement proceeding is

instituted, the surviving spouse shall liquidate
the community property either judicially or
extra-judicially within six months from the
death of the deceased spouse. If upon the
lapse of the six months period, no liquidation
is made, any disposition or encumbrance
involving the community property of the
terminated marriage shall be void.
Should the surviving spouse contract a
subsequent marriage without compliance
with
the
foregoing
requirements,
a
mandatory regime of complete separation of
property shall govern the property relations
of the subsequent marriage. (n)
(4) The net remainder of the properties of the

absolute community shall constitute its net
assets, which shall be divided equally
between husband and wife, unless a different
proportion or division was agreed upon in the
marriage settlements, or unless there has
been a voluntary waiver of such share
provided in this Code. For purpose of
computing the net profits subject to forfeiture
in accordance with Articles 43, No. (2) and
63, No. (2), the said profits shall be the
increase in value between the market value
of the community property at the time of the
celebration of the marriage and the market
value at the time of its dissolution.
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 carried
out simultaneously, the respective capital,
fruits and income of each community shall be
determined upon such proof as may be
considered according to the rules of evidence.
In case of doubt as to which community the
existing properties belong, the same shall be
divided between the different communities in
proportion to the capital and duration of
each. (189a)
(5) The presumptive legitimes of the common

children shall be delivered upon partition, in
accordance with Article 51.
Section 1. General Provisions
(6) Unless otherwise agreed upon by the

parties, in the partition of the properties, the
conjugal dwelling and the lot on which it is
situated shall be adjudicated to the spouse
with whom the majority of the common
children choose to remain. Children below the
age of seven years are deemed to have
chosen the mother, unless the court has
decided otherwise. In case there in no such
majority, the court shall decide, taking into
consideration the best interests of said
children. (n)
Art. 103. Upon the termination of the
marriage by death, the community property
shall be liquidated in the same proceeding for
the settlement of the estate of the deceased.
Chapter 4. Conjugal Partnership of Gains
Art. 105. In case the future spouses agree in

the marriage settlements that the regime of
conjugal partnership gains shall govern their
property relations during marriage, the
provisions in this Chapter shall be of
supplementary application.
The provisions of this Chapter shall also apply
to conjugal partnerships of gains already
established between spouses before the
effectivity of this Code, without prejudice to
vested rights already acquired in accordance
with the Civil Code or other laws, as provided
in Article 256. (n)
Art. 106. Under the regime of conjugal
partnership of gains, the husband and wife
place in a common fund the proceeds,
products, fruits and income from their
separate properties and those acquired by
either or both spouses through their efforts or

by chance, and, upon dissolution of the
marriage or of the partnership, the net gains
or benefits obtained by either or both
spouses shall be divided equally between
them, unless otherwise agreed in the
marriage settlements. (142a)
Art. 107. The rules provided in Articles 88 and
89 shall also apply to conjugal partnership of
gains. (n)
Art. 108. The conjugal partnership shall be
governed by the rules on the contract of
partnership in all that is not in conflict with
what is expressly determined in this Chapter
or by the spouses in their marriage
settlements. (147a)
Section 2. Exclusive Property of Each Spouse
Art. 109. The following shall be the exclusive
property of each spouse:
(1) That which is brought to the marriage as
his or her own;
(2) That which each acquires during the
marriage by gratuitous title;
(3) That which is acquired by right of
redemption, by barter or by exchange with
property belonging to only one of the
spouses; and
(4) That which is purchased with exclusive
money of the wife or of the husband. (148a)
Art. 110. The spouses retain the ownership,
possession, administration and enjoyment of
their exclusive properties.
Either spouse may, during the marriage,
transfer the administration of his or her
exclusive property to the other by means of a
public instrument, which shall be recorded in
the registry of property of the place the
property is located. (137a, 168a, 169a)
Art. 111. A spouse of age may mortgage,
encumber, alienate or otherwise dispose of
his or her exclusive property, without the
consent of the other spouse, and appear
alone in court to litigate with regard to the
same. (n)
Art. 112. The alienation of any exclusive

property of a spouse administered by the
other
automatically
terminates
the
administration over such property and the
proceeds of the alienation shall be turned
over to the owner-spouse. (n)
Art. 113. Property donated or left by will to
the spouses, jointly and with designation of
determinate shares, shall pertain to the
donee-spouses as his or her own exclusive
property, and in the absence of designation,
share and share alike, without prejudice to
the right of accretion when proper. (150a)
Art. 114. If the donations are onerous, the
amount of the charges shall be borne by the
exclusive property of the donee spouse,
whenever they have been advanced by the
conjugal partnership of gains. (151a)
Art. 115. Retirement benefits, pensions,
annuities, gratuities, usufructs and similar
benefits shall be governed by the rules on
gratuitous or onerous acquisitions as may be
proper in each case. (n)
Section 3. Conjugal Partnership Property
Art. 116. All property acquired during the
marriage, whether the acquisition appears to
have been made, contracted or registered in
the name of one or both spouses, is
presumed to be conjugal unless the contrary
is proved. (160a)
Art. 117. The following
partnership properties:
are
conjugal
(1) Those acquired by onerous title during the

marriage at the expense of the common fund,
whether
the
acquisition
be
for
the
partnership, or for only one of the spouses;
(2) Those obtained from the labor, industry,
work or profession of either or both of the
spouses;
(3) The fruits, natural, industrial, or civil, due
or received during the marriage from the
common property, as well as the net fruits
from the exclusive property of each spouse;
(4) The share of either spouse in the hidden

treasure which the law awards to the finder
or owner of the property where the treasure
is found;
(5) Those acquired through occupation such
as fishing or hunting;
(6) Livestock existing upon the dissolution of
the partnership in excess of the number of
each kind brought to the marriage by either
spouse; and
shall belong to the conjugal partnership,

subject to reimbursement of the value of the
property of the owner-spouse at the time of
the improvement; otherwise, said property
shall be retained in ownership by the ownerspouse, likewise subject to reimbursement of
the cost of the improvement.
In either case, the ownership of the entire
property
shall
be
vested
upon
the
reimbursement, which shall be made at the
time of the liquidation of the conjugal
partnership. (158a)
(7) Those which are acquired by chance, such

as winnings from gambling or betting.
However, losses therefrom shall be borne
exclusively by the loser-spouse. (153a, 154a,
155, 159)
Section 4. Charges Upon and Obligations of

the Conjugal Partnership
Art. 118. Property bought on installments

paid partly from exclusive funds of either or
both spouses and partly from conjugal funds
belongs to the buyer or buyers if full
ownership was vested before the marriage
and to the conjugal partnership if such
ownership was vested during the marriage. In
either case, any amount advanced by the
partnership or by either or both spouses shall
be reimbursed by the owner or owners upon
liquidation of the partnership. (n)
(1) The support of the spouse, their common

children, and the legitimate children of either
spouse; however, the support of illegitimate
children shall be governed by the provisions
of this Code on Support;
Art. 119. Whenever an amount or credit

payable within a period of time belongs to
one of the spouses, the sums which may be
collected during the marriage in partial
payments or by installments on the principal
shall be the exclusive property of the spouse.
However, interests falling due during the
marriage on the principal shall belong to the
conjugal partnership. (156a, 157a)
Art. 121. The conjugal partnership shall be

liable for:
(2) All debts and obligations contracted

during the marriage by the designated
administrator-spouse for the benefit of the
conjugal partnership of gains, or by both
spouses or by one of them with the consent
of the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to
the extent that the family may have
benefited;
(4) All taxes, liens, charges, and expenses,
including major or minor repairs upon the
conjugal partnership property;
Art. 120. The ownership of improvements,

whether for utility or adornment, made on the
separate property of the spouses at the
expense of the partnership or through the
acts or efforts of either or both spouses shall
pertain to the conjugal partnership, or to the
original
owner-spouse, subject to the
following rules:
(5) All taxes and expenses for mere

preservation made during the marriage upon
the separate property of either spouse;
When the cost of the improvement made by

the conjugal partnership and any resulting
increase in value are more than the value of
the property at the time of the improvement,
the entire property of one of the spouses
(7) Ante-nuptial debts of either spouse insofar

as they have redounded to the benefit of the
family;
(6) Expenses to enable either spouse to

commence or complete a professional,
vocational, or other activity for selfimprovement;
(8) The value of what is donated or promised

by both spouses in favor of their common
legitimate children for the exclusive purpose
of commencing or completing a professional
or vocational course or other activity for selfimprovement; and
(9) Expenses of litigation between the
spouses unless the suit is found to
groundless.
If the conjugal partnership is insufficient to
cover the foregoing liabilities, the spouses
shall be solidarily liable for the unpaid
balance with their separate properties. (161a)
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 properties partnership except
insofar as they redounded to the benefit of
the family.
Neither shall the fines and pecuniary
indemnities imposed upon them be charged
to the partnership.
Art. 124. The administration and enjoyment

of the conjugal partnership shall belong to
both spouses jointly. In case of disagreement,
the husband's decision shall prevail, subject
to recourse to the court by the wife for proper
remedy, which must be availed of within five
years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated
or otherwise unable to participate in the
administration of the conjugal properties, the
other spouse may assume sole powers of
administration. These powers do not include
disposition or encumbrance without authority
of the court or the written consent of the
other spouse. In the absence of such
authority or consent, the disposition or
encumbrance shall be void. However, the
transaction shall be construed as a continuing
offer on the part of the consenting spouse
and the third person, and may be perfected
as a binding contract upon the acceptance by
the other spouse or authorization by the court
before the offer is withdrawn by either or
both offerors. (165a)
However, the payment of personal debts

contracted by either spouse before the
marriage, that of fines and indemnities
imposed upon them, as well as the support of
illegitimate children of either spouse, may be
enforced against the partnership assets after
the responsibilities enumerated in the
preceding Article have been covered, if the
spouse who is bound should have no
exclusive property or if it should be
insufficient; but at the time of the liquidation
of the partnership, such spouse shall be
charged for what has been paid for the
purpose above-mentioned. (163a)
Art. 125. Neither spouse may donate any

conjugal partnership property without the
consent of the other. However, either spouse
may, without the consent of the other, make
moderate donations from the conjugal
partnership property for charity or on
occasions of family rejoicing or family
distress. (174a)
Art. 123. Whatever may be lost during the

marriage in any game of chance or in betting,
sweepstakes, or any other kind of gambling
whether permitted or prohibited by law, shall
be borne by the loser and shall not be
charged to the conjugal partnership but any
winnings therefrom shall form part of the
conjugal partnership property. (164a)
(1) Upon the death of either spouse;
Section 5. Administration of the

Conjugal Partnership Property
Section 6. Dissolution of Conjugal Partnership

Regime
Art.
126.
terminates:
The
(2) When there

separation;
conjugal
is
partnership
decree
of
legal
(3) When the marriage is annulled or declared

void; or
(4) In case of judicial separation of property
during the marriage under Articles 134 to
138. (175a)
Art. 127. The separation in fact between

husband and wife shall not affect the regime
of conjugal partnership, except that:
(1) The spouse who leaves the conjugal home
or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in a
summary proceeding;
(3) In the absence of sufficient conjugal
partnership property, the separate property
of both spouses shall be solidarily liable for
the support of the family. The spouse present
shall, upon petition in a summary proceeding,
be given judicial authority to administer or
encumber any specific separate property of
the other spouse and use the fruits or
proceeds thereof to satisfy the latter's share.
(178a)
Art. 128. If a spouse without just cause
abandons the other or fails to comply with his
or her obligation to the family, the aggrieved
spouse
may
petition
the
court
for
receivership, for judicial separation of
property, or for authority to be the sole
administrator of the conjugal partnership
property, subject to such precautionary
conditions as the court may impose.
The obligations to the family mentioned in
the preceding paragraph refer to marital,
parental or property relations.
A spouse is deemed to have abandoned the
other when he or she has left the conjugal
dwelling without intention of returning. The
spouse who has left the conjugal dwelling for
a period of three months or has failed within
the same period to give any information as to
his or her whereabouts shall be prima facie
presumed to have no intention of returning to
the conjugal dwelling. (167a, 191a)
Section 7. Liquidation of the
Conjugal Partnership Assets and Liabilities
Art. 129. Upon the dissolution of the conjugal
partnership regime, the following procedure
shall apply:
(1) An inventory shall be prepared, listing

separately all the properties of the conjugal
partnership and the exclusive properties of
each spouse.
(2) Amounts advanced by the conjugal
partnership in payment of personal debts and
obligations of either spouse shall be credited
to the conjugal partnership as an asset
thereof.
(3) Each spouse shall be reimbursed for the
use of his or her exclusive funds in the
acquisition of property or for the value of his
or her exclusive property, the ownership of
which has been vested by law in the conjugal
partnership.
(4) The debts and obligations of the conjugal
partnership shall be paid out of the conjugal
assets. In case of insufficiency of said assets,
the spouses shall be solidarily liable for the
unpaid
balance
with
their
separate
properties, in accordance with the provisions
of paragraph (2) of Article 121.
(5) Whatever remains of the exclusive
properties of the spouses shall thereafter be
delivered to each of them.
(6) Unless the owner had been indemnified
from
whatever
source,
the
loss
or
deterioration of movables used for the benefit
of the family, belonging to either spouse,
even due to fortuitous event, shall be paid to
said spouse from the conjugal funds, if any.
(7) The net remainder of the conjugal
partnership properties shall constitute the
profits, which shall be divided equally
between husband and wife, unless a different
proportion or division was agreed upon in the
marriage settlements or unless there has
been a voluntary waiver or forfeiture of such
share as provided in this Code.
(8) The presumptive legitimes of the common
children shall be delivered upon the partition
in accordance with Article 51.
(9) In the partition of the properties, the
conjugal dwelling and the lot on which it is
situated shall, unless otherwise agreed upon
by the parties, be adjudicated to the spouse
with whom the majority of the common
children choose to remain. Children below the

age of seven years are deemed to have
chosen the mother, unless the court has
decided otherwise. In case there is no such
majority, the court shall decide, taking into
consideration the best interests of said
children. (181a, 182a, 183a, 184a, 185a)
Art. 130. Upon the termination of the
marriage by death, the conjugal partnership
property shall be liquidated in the same
proceeding for the settlement of the estate of
the deceased.
If no judicial settlement proceeding is
instituted, the surviving spouse shall liquidate
the conjugal partnership property either
judicially or extra-judicially within six months
from the death of the deceased spouse. If
upon the lapse of the six-month period no
liquidation is made, any disposition or
encumbrance
involving
the
conjugal
partnership property of the terminated
marriage shall be void.
Should the surviving spouse contract a
subsequent marriage without compliance
with
the
foregoing
requirements,
a
mandatory regime of complete separation of
property shall govern the property relations
of the subsequent marriage. (n)
Art. 131. Whenever the liquidation of the
conjugal partnership properties of two or
more marriages contracted by the same
person before the effectivity of this Code is
carried out simultaneously, the respective
capital, fruits and income of each partnership
shall be determined upon such proof as may
be considered according to the rules of
evidence. In case of doubt as to which
partnership the existing properties belong,
the same shall be divided between the
different partnerships in proportion to the
capital and duration of each. (189a)
Art. 132. The Rules of Court on the
administration of estates of deceased persons
shall be observed in the appraisal and sale of
property of the conjugal partnership, and
other matters which are not expressly
determined in this Chapter. (187a)
Art. 133. From the common mass of property
support shall be given to the surviving spouse
and to the children during the liquidation of

the inventoried property and until what
belongs to them is delivered; but from this
shall be deducted that amount received for
support which exceeds the fruits or rents
pertaining to them. (188a)
Chapter 5. Separation of Property of the
Spouses and Administration of Common
Property by
One Spouse During the Marriage
Art. 134. In the absence of an express
declaration in the marriage settlements, the
separation of property between spouses
during the marriage shall not take place
except by judicial order. Such judicial
separation of property may either be
voluntary or for sufficient cause. (190a)
Art. 135. Any of the following shall be
considered sufficient cause for judicial
separation of property:
(1) That the spouse of the petitioner has been
sentenced to a penalty which carries with it
civil interdiction;
(2) That the spouse of the petitioner has been
judicially declared an absentee;
(3) That loss of parental authority of the
spouse of petitioner has been decreed by the
court;
(4) That the spouse of the petitioner has
abandoned the latter or failed to comply with
his or her obligations to the family as
provided for in Article 101;
(5) That the spouse granted the power of
administration in the marriage settlements
has abused that power; and
(6) That at the time of the petition, the
spouses have been separated in fact for at
least one year and reconciliation is highly
improbable.
In the cases provided for in Numbers (1), (2)
and (3), the presentation of the final
judgment against the guilty or absent spouse
shall be enough basis for the grant of the
decree of judicial separation of property.
(191a)
Art. 136. The spouses may jointly file a

verified petition with the court for the
voluntary
dissolution
of
the
absolute
community or the conjugal partnership of
gains, and for the separation of their common
properties.
All creditors of the absolute community or of
the conjugal partnership of gains, as well as
the personal creditors of the spouse, shall be
listed in the petition and notified of the filing
thereof. The court shall take measures to
protect the creditors and other persons with
pecuniary interest. (191a)
Art. 137. Once the separation of property has
been decreed, the absolute community or the
conjugal partnership of gains shall be
liquidated in conformity with this Code.
During the pendency of the proceedings for
separation
of
property,
the
absolute
community or the conjugal partnership shall
pay for the support of the spouses and their
children. (192a)
Art. 138. After dissolution of the absolute
community or of the conjugal partnership, the
provisions on complete separation of property
shall apply. (191a)
in the marriage settlements will not again

abuse that power, authorizes the resumption
of said administration;
(4) When the spouse who has left the
conjugal home without a decree of legal
separation resumes common life with the
other;
(5) When parental authority is judicially
restored to the spouse previously deprived
thereof;
(6) When the spouses who have separated in
fact for at least one year, reconcile and
resume common life; or
(7) When after voluntary dissolution of the
absolute community of property or conjugal
partnership has been judicially decreed upon
the joint petition of the spouses, they agree
to the revival of the former property regime.
No voluntary separation of property may
thereafter be granted.
The revival of the former property regime
shall be governed by Article 67. (195a)
Art. 142. The administration of all classes of
exclusive property of either spouse may be
transferred by the court to the other spouse:
Art. 139. The petition for separation of

property and the final judgment granting the
same shall be recorded in the proper local
civil registries and registries of property.
(193a)
(1) When one spouse becomes the guardian

of the other;
Art. 140. The separation of property shall not

prejudice the rights previously acquired by
creditors. (194a)
(3) When one spouse is sentenced to a

penalty which carries with it civil interdiction;
or
Art. 141. The spouses may, in the same

proceedings where separation of property
was decreed, file a motion in court for a
decree reviving the property regime that
existed between them before the separation
of property in any of the following instances:
(4) When one spouse becomes a fugitive from

justice or is in hiding as an accused in a
criminal case.
(2) When one spouse is judicially declared an

absentee;
(1) When the civil interdiction terminates;
If the other spouse is not qualified by reason

of incompetence, conflict of interest, or any
other just cause, the court shall appoint a
suitable person to be the administrator. (n)
(2) When the absentee spouse reappears;
Chapter 6. Regime of Separation of Property
(3) When the court, being satisfied that the

spouse granted the power of administration
Art. 143. Should the future spouses agree in

the marriage settlements that their property
relations during marriage shall be governed

by the regime of separation of property, the
provisions of this Chapter shall be suppletory.
(212a)
Art. 144. Separation of property may refer to
present or future property or both. It may be
total or partial. In the latter case, the
property not agreed upon as separate shall
pertain to the absolute community. (213a)
Art. 145. Each spouse shall own, dispose of,
possess, administer and enjoy his or her own
separate estate, without need of the consent
of the other. To each spouse shall belong all
earnings from his or her profession, business
or industry and all fruits, natural, industrial or
civil, due or received during the marriage
from his or her separate property. (214a)
Art. 146. Both spouses shall bear the family
expenses in proportion to their income, or, in
case of insufficiency or default thereof, to the
current market value of their separate
properties.
The liabilities of the spouses to creditors for
family expenses shall, however, be solidary.
(215a)
Chapter 7. Property Regime of Unions Without
Marriage
Art. 147. When a man and a woman who are
capacitated to marry each other, live
exclusively with each other as husband and
wife without the benefit of marriage or under
a void marriage, their wages and salaries
shall be owned by them in equal shares and
the property acquired by both of them
through their work or industry shall be
governed by the rules on co-ownership.
In the absence of proof to the contrary,
properties acquired while they lived together
shall be presumed to have been obtained by
their joint efforts, work or industry, and shall
be owned by them in equal shares. For
purposes of this Article, a party who did not
participate in the acquisition by the other
party of any property shall be deemed to
have contributed jointly in the acquisition
thereof if the former's efforts consisted in the
care and maintenance of the family and of
the household.
Neither party can encumber or dispose by

acts inter vivos of his or her share in the
property acquired during cohabitation and
owned in common, without the consent of the
other, until after the termination of their
cohabitation.
When only one of the parties to a void
marriage is in good faith, the share of the
party in bad faith in the co-ownership shall be
forfeited in favor of their common children. In
case of default of or waiver by any or all of
the common children or their descendants,
each vacant share shall belong to the
respective surviving descendants. In the
absence of descendants, such share shall
belong to the innocent party. In all cases, the
forfeiture shall take place upon termination of
the cohabitation. (144a)
Art. 148. In cases of cohabitation not falling
under the preceding Article, only the
properties acquired by both of the parties
through their actual joint contribution of
money, property, or industry shall be owned
by them in common in proportion to their
respective contributions. In the absence of
proof to the contrary, their contributions and
corresponding shares are presumed to be
equal. The same rule and presumption shall
apply to joint deposits of money and
evidences of credit.
If one of the parties is validly married to
another, his or her share in the co-ownership
shall accrue to the absolute community or
conjugal partnership existing in such valid
marriage. If the party who acted in bad faith
is not validly married to another, his or her
shall be forfeited in the manner provided in
the last paragraph of the preceding Article.
The foregoing rules on forfeiture shall likewise
apply even if both parties are in bad faith.
(144a)
TITLE V
THE FAMILY
Chapter 1. The Family as an Institution
Art. 149. The family, being the foundation of
the nation, is a basic social institution which
public
policy
cherishes
and
protects.
Consequently, family relations are governed
by law and no custom, practice or agreement
destructive of the family shall be recognized
or given effect. (216a, 218a)
Art. 155. The family home shall be exempt

from execution, forced sale or attachment
except:
(1) For nonpayment of taxes;
Art. 150. Family relations include those:

(1) Between husband and wife;
(2) Between parents and children;
(3) Among brothers and sisters, whether of
the full or half-blood. (217a)
Art. 151. No suit between members of the
same family shall prosper unless it should
appear from the verified complaint or petition
that earnest efforts toward a compromise
have been made, but that the same have
failed. If it is shown that no such efforts were
in fact made, the same case must be
dismissed.
This rules shall not apply to cases which may
not be the subject of compromise under the
Civil Code. (222a)
Chapter 2. The Family Home
Art. 152. The family home, constituted jointly
by the husband and the wife or by an
unmarried head of a family, is the dwelling
house where they and their family reside, and
the land on which it is situated. (223a)
Art. 153. The family home is deemed
constituted on a house and lot from the time
it is occupied as a family residence. From the
time of its constitution and so long as any of
its beneficiaries actually resides therein, the
family home continues to be such and is
exempt from execution, forced sale or
attachment except as hereinafter provided
and to the extent of the value allowed by law.
(223a)
Art. 154. The beneficiaries of a family home
are:
(1) The husband and wife, or an unmarried
person who is the head of a family; and
(2) Their parents, ascendants, descendants,
brothers and sisters, whether the relationship
be legitimate or illegitimate, who are living in
the family home and who depend upon the
head of the family for legal support. (226a)
(2) For debts incurred prior to the constitution

of the family home;
(3) For debts secured by mortgages on the
premises before or after such constitution;
and
(4) For debts due to laborers, mechanics,
architects, builders, material men and others
who have rendered service or furnished
material for the construction of the building.
(243a)
Art. 156. The family home must be part of the
properties of the absolute community or the
conjugal partnership, or of the exclusive
properties of either spouse with the latter's
consent. It may also be constituted by an
unmarried head of a family on his or her own
property.
Nevertheless, property that is the subject of a
conditional sale on installments where
ownership is reserved by the vendor only to
guarantee payment of the purchase price
may be constituted as a family home. (227a,
228a)
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, and two
hundred thousand pesos in rural areas, or
such amounts as may hereafter be fixed by
law.
In any event, if the value of the currency
changes after the adoption of this Code, the
value most favorable for the constitution of a
family home shall be the basis of evaluation.
For purposes of this Article, urban areas are
deemed to include chartered cities and
municipalities whose annual income at least
equals that legally required for chartered
cities. All others are deemed to be rural
areas. (231a)
Art. 158. The family home may be sold,

alienated, donated, assigned or encumbered
by the owner or owners thereof with the
written consent of the person constituting the
same, the latter's spouse, and a majority of
the beneficiaries of legal age. In case of
conflict, the court shall decide. (235a)
Art. 162. The provisions in this Chapter shall

also govern existing family residences insofar
as said provisions are applicable. (n)
Art. 159. The family home shall continue

despite the death of one or both spouses or
of the unmarried head of the family for a
period of ten years or for as long as there is a
minor beneficiary, and the heirs cannot
partition the same unless the court finds
compelling reasons therefor. This rule shall
apply regardless of whoever owns the
property or constituted the family home.
(238a)
Chapter 1. Legitimate Children
Art. 160. When a creditor whose claims is not

among those mentioned in Article 155
obtains a judgment in his favor, and he has
reasonable grounds to believe that the family
home is actually worth more than the
maximum amount fixed in Article 157, he
may apply to the court which rendered the
judgment for an order directing the sale of
the property under execution. The court shall
so order if it finds that the actual value of the
family home exceeds the maximum amount
allowed by law as of the time of its
constitution. If the increased actual value
exceeds the maximum allowed in Article 157
and results from subsequent voluntary
improvements introduced by the person or
persons constituting the family home, by the
owner or owners of the property, or by any of
the beneficiaries, the same rule and
procedure shall apply.
At the execution sale, no bid below the value
allowed for a family home shall be
considered. The proceeds shall be applied
first to the amount mentioned in Article 157,
and then to the liabilities under the judgment
and the costs. The excess, if any, shall be
delivered to the judgment debtor. (247a,
248a)
Art. 161. For purposes of availing of the
benefits of a family home as provided for in
this Chapter, a person may constitute, or be
the beneficiary of, only one family home. (n)
TITLE VI
PATERNITY AND FILIATION
Art. 163. The filiation of children may be by

nature or by adoption. Natural filiation may
be legitimate or illegitimate. (n)
Art. 164. Children conceived or born during
the marriage of the parents are legitimate.
Children conceived as a result of artificial
insemination of the wife with the sperm of
the husband or that of a donor or both are
likewise legitimate children of the husband
and his wife, provided, that both of them
authorized or ratified such insemination in a
written instrument executed and signed by
them before the birth of the child. The
instrument shall be recorded in the civil
registry together with the birth certificate of
the child. (55a, 258a)
Art. 165. Children conceived and born outside
a valid marriage are illegitimate, unless
otherwise provided in this Code. (n)
Art. 166. Legitimacy of a child may be
impugned only on the following grounds:
(1) That it was physically impossible for the
husband to have sexual intercourse with his
wife within the first 120 days of the 300 days
which immediately preceded the birth of the
child because of:
(a) the physical incapacity of the husband to
have sexual intercourse with his wife;
(b) the fact that the husband and wife were
living separately in such a way that sexual
intercourse was not possible; or
(c) serious illness of the husband, which
absolutely prevented sexual intercourse;
(2) That it is proved that for biological or
other scientific reasons, the child could not
have been that of the husband, except in the
instance provided in the second paragraph of

Article 164; or
(3) That in case of children conceived through
artificial
insemination,
the
written
authorization or ratification of either parent
was obtained through mistake, fraud,
violence, intimidation, or undue influence.
(255a)
Art. 167. The child shall be considered
legitimate although the mother may have
declared against its legitimacy or may have
been sentenced as an adulteress. (256a)
Art. 168. If the marriage is terminated and
the mother contracted another marriage
within three hundred days after such
termination of the former marriage, these
rules shall govern in the absence of proof to
the contrary:
(1) A child born before one hundred eighty
days after the solemnization of the
subsequent marriage is considered to have
been conceived during the former marriage,
provided it be born within three hundred days
after the termination of the former marriage;
(2) A child born after one hundred eighty days
following the celebration of the subsequent
marriage is considered to have been
conceived during such marriage, even though
it be born within the three hundred days after
the termination of the former marriage.
(259a)
Art. 169. The legitimacy or illegitimacy of a
child born after three hundred days following
the termination of the marriage shall be
proved by whoever alleges such legitimacy or
illegitimacy. (261a)
Art. 170. The action to impugn the legitimacy
of the child shall be brought within one year
from the knowledge of the birth or its
recording in the civil register, if the husband
or, in a proper case, any of his heirs, should
reside in the city or municipality where the
birth took place or was recorded.
If the husband or, in his default, all of his
heirs do not reside at the place of birth as
defined in the first paragraph or where it was
recorded, the period shall be two years if they
should reside in the Philippines; and three

years if abroad. If the birth of the child has
been concealed from or was unknown to the
husband or his heirs, the period shall be
counted from the discovery or knowledge of
the birth of the child or of the fact of
registration of said birth, whichever is earlier.
(263a)
Art. 171. The heirs of the husband may
impugn the filiation of the child within the
period prescribed in the preceding article only
in the following cases:
(1) If the husband should died before the
expiration of the period fixed for bringing his
action;
(2) If he should die after the filing of the
complaint without having desisted therefrom;
or
(3) If the child was born after the death of the
husband. (262a)
Chapter 2. Proof of Filiation
Art. 172. The filiation of legitimate children is
established by any of the following:
(1) The record of birth appearing in the civil
register or a final judgment; or
(2) An admission of legitimate filiation in a
public document or a private handwritten
instrument and signed by the parent
concerned.
In the absence of the foregoing evidence, the
legitimate filiation shall be
proved by:
(1) The open and continuous possession of
the status of a legitimate child; or
(2) Any other means allowed by the Rules of
Court and special laws. (265a, 266a, 267a)
Art. 173. The action to claim legitimacy may
be brought by the child during his or her
lifetime and shall be transmitted to the heirs
should the child die during minority or in a
state of insanity. In these cases, the heirs
shall have a period of five years within which
to institute the action.
Art. 174. Legitimate children shall have the

right:
(1) To bear the surnames of the father and
the mother, in conformity with the provisions
of the Civil Code on Surnames;
(2) To receive support from their parents,
their ascendants, and in proper cases, their
brothers and sisters, in conformity with the
provisions of this Code on Support; and
(3) To be entitled to the legitimate and other
successional rights granted to them by the
Civil Code. (264a)
Art. 179. Legitimated children shall enjoy the

same rights as legitimate children. (272a)
Art. 180. The effects of legitimation shall
retroact to the time of the child's birth. (273a)
Art. 181. The legitimation of children who
died before the celebration of the marriage
shall benefit their descendants. (274)
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)
TITLE VII
Chapter 3. Illegitimate Children
ADOPTION
Art. 175. Illegitimate children may establish

their illegitimate filiation in the same way and
on the same evidence as legitimate children.
Art. 183. A person of age and in possession of

full civil capacity and legal rights may adopt,
provided he is in a position to support and
care
for
his
children,
legitimate
or
illegitimate, in keeping with the means of the
family.
The action must be brought within the same

period specified in Article 173, except when
the action is based on the second paragraph
of Article 172, in which case the action may
be brought during the lifetime of the alleged
parent. (289a)
Art. 176. Illegitimate children shall use the
surname and shall be under the parental
authority of their mother, and shall be
entitled to support in conformity with this
Code. The legitime of each illegitimate child
shall consist of one-half of the legitime of a
legitimate child. Except for this modification,
all other provisions in the Civil Code
governing successional rights shall remain in
force. (287a)
Chapter 4. Legitimated Children
Art. 177. Only children conceived and born
outside of wedlock of parents who, at the
time of the conception of the former, were
not disqualified by any impediment to marry
each other may be legitimated. (269a)
Only minors may be adopted, except in the

cases when the adoption of a person of
majority age is allowed in this Title.
In addition, the adopter must be at least
sixteen years older than the person to be
adopted, unless the adopter is the parent by
nature of the adopted, or is the spouse of the
legitimate parent of the person to be
adopted. (27a, E. O. 91 and PD 603)
Art. 184. The following persons may not
adopt:
(1) The guardian with respect to the ward
prior to the approval of the final accounts
rendered upon the termination of their
guardianship relation;
(2) Any person who has been convicted of a
crime involving moral turpitude;
(3) An alien, except:
Art. 178. Legitimation shall take place by a

subsequent valid marriage between parents.
The annulment of a voidable marriage shall
not affect the legitimation. (270a)
(a) A former Filipino citizen who seeks to

adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate
child of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen

and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the
latter.
Aliens not included in the foregoing
exceptions may adopt Filipino children in
accordance with the rules on inter-country
adoptions as may be provided by law. (28a, E.
O. 91 and PD 603)
Art. 185. Husband and wife must jointly
adopt, except in the following cases:
(1) When one spouse seeks to adopt his own
illegitimate child; or
(2) When one spouse seeks to adopt the
legitimate child of the other. (29a, E. O. 91
and PD 603)
Art. 186. In case husband and wife jointly
adopt or one spouse adopts the legitimate
child of the other, joint parental authority
shall be exercised by the spouses in
accordance with this Code. (29a, E. O. and PD
603)
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is
a child by nature of the adopter or his or her
spouse, or, prior to the adoption, said person
has been consistently considered and treated
by the adopter as his or her own child during
minority.
(2) An alien with whose government the
Republic of the Philippines has no diplomatic
relations; and
(3) A person who has already been adopted
unless such adoption has been previously
revoked or rescinded. (30a, E. O. 91 and PD
603)
Art. 188. The written consent of the following
to the adoption shall be necessary:
(1) The person to be adopted, if ten years of
age or over,
(2) The parents by nature of the child, the

legal guardian, or the proper government
instrumentality;
(3) The legitimate and adopted children, ten
years of age or over, of the adopting parent
or parents;
(4) The illegitimate children, ten years of age
or over, of the adopting parent, if living with
said parent and the latter's spouse, if any;
and
(5) The spouse, if any, of the person adopting
or to be adopted. (31a, E. O. 91 and PD 603)
Art. 189. Adoption shall have the following
effects:
(1) For civil purposes, the adopted shall be
deemed to be a legitimate child of the
adopters and both shall acquire the reciprocal
rights and obligations arising from the
relationship of parent and child, including the
right of the adopted to use the surname of
the adopters;
(2) The parental authority of the parents by
nature over the adopted shall terminate and
be vested in the adopters, except that if the
adopter is the spouse of the parent by nature
of the adopted, parental authority over the
adopted shall be exercised jointly by both
spouses; and
(3) The adopted shall remain an intestate heir
of his parents and other blood relatives.
(39(1)a, (3)a, PD 603)
Art. 190. Legal or intestate succession to the
estate of the adopted shall be governed by
the following rules:
(1) Legitimate and illegitimate children and
descendants and the surviving spouse of the
adopted shall inherit from the adopted, in
accordance with the ordinary rules of legal or
intestate succession;
(2) When the parents, legitimate or
illegitimate, or the legitimate ascendants of
the adopted concur with the adopter, they
shall divide the entire estate, one-half to be
inherited by the parents or ascendants and
the other half, by the adopters;
(3) When the surviving spouse or the

illegitimate children of the adopted concur
with the adopters, they shall divide the entire
estate in equal shares, one-half to be
inherited by the spouse or the illegitimate
children of the adopted and the other half, by
the adopters.
(4) When the adopters concur with the
illegitimate children and the surviving spouse
of the adopted, they shall divide the entire
estate in equal shares, one-third to be
inherited by the illegitimate children, onethird by the surviving spouse, and one-third
by the adopters;
(5) When only the adopters survive, they
shall inherit the entire estate; and
(6) When only collateral blood relatives of the
adopted survive, then the ordinary rules of
legal or intestate succession shall apply.
(39(4)a, PD 603)
parental authority of the parents by nature,

unless the latter are disqualified or
incapacitated, in which case the court shall
appoint a guardian over the person and
property of the minor. If the adopted person
is physically or mentally handicapped, the
court shall appoint in the same proceeding a
guardian over his person or property or both.
Judicial rescission of the adoption shall
extinguish all reciprocal rights and obligations
between the adopters and the adopted
arising from the relationship of parent and
child. The adopted shall likewise lose the
right to use the surnames of the adopters and
shall resume his surname prior to the
adoption.
The court shall accordingly order the
amendment of the records in the proper
registries. (42a, PD 603)
TITLE VIII
SUPPORT
Art. 191. If the adopted is a minor or

otherwise incapacitated, the adoption may be
judicially rescinded upon petition of any
person authorized by the court or proper
government instrumental acting on his
behalf, on the same grounds prescribed for
loss or suspension of parental authority. If the
adopted is at least eighteen years of age, he
may petition for judicial rescission of the
adoption on the same grounds prescribed for
disinheriting an ascendant. (40a, PD 603)
Art. 192. The adopters may petition the court
for the judicial rescission of the adoption in
any of the following cases:
(1) If the adopted has committed any act
constituting ground for disinheriting a
descendant; or
(2) When the adopted has abandoned the
home of the adopters during minority for at
least one year, or, by some other acts, has
definitely repudiated the adoption. (41a, PD
603)
Art. 193. If the adopted minor has not
reached the age of majority at the time of the
judicial rescission of the adoption, the court
in the same proceeding shall reinstate the
Art. 194. Support comprises everything

indispensable for sustenance, dwelling,
clothing, medical attendance, education and
transportation, in keeping with the financial
capacity of the family.
The education of the person entitled to be
supported referred to in the preceding
paragraph shall include his schooling or
training for some profession, trade or
vocation, even beyond the age of majority.
Transportation shall include expenses in going
to and from school, or to and from place of
work. (290a)
Art. 195. Subject to the provisions of the
succeeding articles, the following are obliged
to support each other to the whole extent set
forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and
the legitimate and illegitimate children of the
latter;
(4) Parents and their illegitimate children and

the legitimate and illegitimate children of the
latter; and
(5) Legitimate brothers and sisters, whether
of full or half-blood. (291a)
Art. 196. Brothers and sisters not legitimately
related, whether of the full or half-blood, are
likewise bound to support each other to the
full extent set forth in Article 194, except only
when the need for support of the brother or
sister, being of age, is due to a cause
imputable to the claimant's fault or
negligence. (291a)
Art. 197. In case of legitimate ascendants;
descendants,
whether
legitimate
or
illegitimate; and brothers and sisters,
whether legitimately or illegitimately related,
only the separate property of the person
obliged to give support shall be answerable
provided that in case the obligor has no
separate property, the absolute community
or the conjugal partnership, if financially
capable, shall advance the support, which
shall be deducted from the share of the
spouse obliged upon the liquidation of the
absolute community or of the conjugal
partnership. (n)
Art. 198. During the proceedings for legal
separation or for annulment of marriage, and
for declaration of nullity of marriage, the
spouses and their children shall be supported
from the properties of the absolute
community or the conjugal partnership. After
the final judgment granting the petition, the
obligation of mutual support between the
spouses ceases. However, in case of legal
separation, the court may order that the
guilty spouse shall give support to the
innocent one, specifying the terms of such
order. (292a)
Art. 199. Whenever two or more persons are
obliged to give support, the liability shall
devolve upon the following persons in the
order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree;
and
(4) The brothers and sisters. (294a)
Art. 200. When the obligation to give support

falls upon two or more persons, the payment
of the same shall be divided between them in
proportion to the resources of each.
However, in case of urgent need and by
special circumstances, the judge may order
only one of them to furnish the support
provisionally, without prejudice to his right to
claim from the other obligors the share due
from them.
When two or more recipients at the same
time claim support from one and the same
person legally obliged to give it, should the
latter not have sufficient means to satisfy all
claims, the order established in the preceding
article shall be followed, unless the
concurrent obligees should be the spouse and
a child subject to parental authority, in which
case the child shall be preferred. (295a)
Art. 201. The amount of support, in the cases
referred to in Articles 195 and 196, shall be in
proportion to the resources or means of the
giver and to the necessities of the recipient.
(296a)
Art. 202. Support in the cases referred to in
the preceding article shall be reduced or
increased proportionately, according to the
reduction or increase of the necessities of the
recipient and the resources or means of the
person obliged to furnish the same. (297a)
Art. 203. The obligation to give support shall
be demandable from the time the person who
has a right to receive the same needs it for
maintenance, but it shall not be paid except
from the date of judicial or extra-judicial
demand.
Support pendente lite may be claimed in
accordance with the Rules of Court.
Payment shall be made within the first five
days of each corresponding month or when
the recipient dies, his heirs shall not be
obliged to return what he has received in
advance. (298a)
Art. 204. The person obliged to give support
shall have the option to fulfill the obligation
either by paying the allowance fixed, or by
receiving and maintaining in the family

dwelling the person who has a right to
receive support. The latter alternative cannot
be availed of in case there is a moral or legal
obstacle thereto. (299a)
Art. 205. The right to receive support under
this Title as well as any money or property
obtained as such support shall not be levied
upon on attachment or execution. (302a)
Art. 206. When, without the knowledge of the
person obliged to give support, it is given by
a stranger, the latter shall have a right to
claim the same from the former, unless it
appears that he gave it without intention of
being reimbursed. (2164a)
Art. 207. When the person obliged to support
another unjustly refuses or fails to give
support when urgently needed by the latter,
any third person may furnish support to the
needy individual, with right of reimbursement
from the person obliged to give support. This
Article shall particularly apply when the
father or mother of a child under the age of
majority unjustly refuses to support or fails to
give support to the child when urgently
needed. (2166a)
Art. 208. In case of contractual support or
that given by will, the excess in amount
beyond that required for legal support shall
be subject to levy on attachment or
execution.
Furthermore, contractual support shall be
subject to adjustment whenever modification
is necessary due to changes of circumstances
manifestly beyond the contemplation of the
parties. (n)
TITLE IX
PARENTAL AUTHORITY
Chapter 1. General Provisions
Art. 209. Pursuant to the natural right and
duty of parents over the person and property
of their unemancipated children, parental
authority and responsibility shall include the
caring for and rearing them for civic
consciousness and efficiency and the
development of their moral, mental and

physical character and well-being. (n)
Art. 210. Parental authority and responsibility
may not be renounced or transferred except
in the cases authorized by law. (313a)
Art. 211. The father and the mother shall
jointly exercise parental authority over the
persons of their common children. In case of
disagreement, the father's decision shall
prevail, unless there is a judicial order to the
contrary.
Children shall always observe respect and
reverence towards their parents and are
obliged to obey them as long as the children
are under parental authority. (311a)
Art. 212. In case of absence or death of either
parent, the parent present shall continue
exercising parental authority. The remarriage
of the surviving parent shall not affect the
parental authority over the children, unless
the court appoints another person to be the
guardian of the person or property of the
children. (n)
Art. 213. In case of separation of the parents,
parental authority shall be exercised by the
parent designated by the Court. The Court
shall
take
into
account
all
relevant
considerations, especially the choice of the
child over seven years of age, unless the
parent chosen is unfit. (n)
Art. 214. In case of death, absence or
unsuitability of the parents, substitute
parental authority shall be exercised by the
surviving grandparent. In case several
survive, the one designated by the court,
taking into account the same consideration
mentioned in the preceding article, shall
exercise the authority. (355a)
Art. 215. No descendant shall be compelled,
in a criminal case, to testify against his
parents and grandparents, except when such
testimony is indispensable in a crime against
the descendant or by one parent against the
other. (315a)
Chapter 2. Substitute and Special Parental
Authority
Art. 216. In default of parents or a judicially

appointed guardian, the following person
shall exercise substitute parental authority
over the child in the order indicated:
(1) The surviving grandparent, as provided in
Art. 214;
(2) The oldest brother or sister, over twentyone years of age, unless unfit or disqualified;
and
(3) The child's actual custodian, over twentyone years of age, unless unfit or disqualified.
Whenever the appointment or a judicial
guardian over the property of the child
becomes necessary, the same order of
preference shall be observed. (349a, 351a,
354a)
Art. 217. In case of foundlings, abandoned
neglected or abused children and other
children similarly situated, parental authority
shall be entrusted in summary judicial
proceedings to heads of children's homes,
orphanages and similar institutions duly
accredited by the proper government agency.
(314a)
Art. 218. The school, its administrators and
teachers, or the individual, entity or
institution engaged in child are shall have
special parental authority and responsibility
over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to all
authorized activities whether inside or
outside the premises of the school, entity or
institution. (349a)
Art. 219. Those given the authority and
responsibility under the preceding Article
shall be principally and solidarily liable for
damages caused by the acts or omissions of
the unemancipated minor. The parents,
judicial guardians or the persons exercising
substitute parental authority over said minor
shall be subsidiarily liable.
The respective liabilities of those referred to
in the preceding paragraph shall not apply if
it is proved that they exercised the proper
diligence required
circumstances.
under
the
particular
All other cases not covered by this and the

preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts.
(n)
Chapter 3. Effect of Parental Authority
Upon the Persons of the Children
Art. 220. The parents and those exercising
parental authority shall have with the respect
to their unemancipated children on wards the
following rights and duties:
(1) To keep them in their company, to
support, educate and instruct them by right
precept and good example, and to provide for
their upbringing in keeping with their means;
(2) To give them love and affection, advice
and
counsel,
companionship
and
understanding;
(3) To provide them with moral and spiritual
guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance, industry
and thrift, stimulate their interest in civic
affairs, and inspire in them compliance with
the duties of citizenship;
(4) To furnish them with good and wholesome
educational
materials,
supervise
their
activities, recreation and association with
others, protect them from bad company, and
prevent
them
from
acquiring
habits
detrimental to their health, studies and
morals;
(5) To represent them in all matters affecting
their interests;
(6) To demand
obedience;
from
them
respect
and
(7) To impose discipline on them as may be

required under the circumstances; and
(8) To perform such other duties as are
imposed by law upon parents and guardians.
(316a)
Art. 221. Parents and other persons exercising
parental authority shall be civilly liable for the
injuries and damages caused by the acts or

omissions of their unemancipated children
living in their company and under their
parental authority subject to the appropriate
defenses provided by law. (2180(2)a and
(4)a )
Art. 222. The courts may appoint a guardian
of the child's property or a guardian ad litem
when the best interests of the child so
requires. (317)
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 providing for disciplinary
measures over the child. The child shall be
entitled to the assistance of counsel, either of
his choice or appointed by the court, and a
summary hearing shall be conducted wherein
the petitioner and the child shall be heard.
However, if in the same proceeding the court
finds the petitioner at fault, irrespective of
the merits of the petition, or when the
circumstances so warrant, the court may also
order the deprivation or suspension of
parental authority or adopt such other
measures as it may deem just and proper.
(318a)
Art. 224. The measures referred to in the
preceding
article
may
include
the
commitment of the child for not more than
thirty days in entities or institutions engaged
in child care or in children's homes duly
accredited by the proper government agency.
The parent exercising parental authority shall
not interfere with the care of the child
whenever committed but shall provide for his
support. Upon proper petition or at its own
instance, the court may terminate the
commitment of the child whenever just and
proper. (391a)
Chapter 4. Effect of Parental Authority Upon
the Property of the Children
Art. 225. The father and the mother shall
jointly exercise legal guardianship over the
property of the unemancipated common child
without the necessity of a court appointment.
In case of disagreement, the father's decision
shall prevail, unless there is a judicial order to

the contrary.
Where the market value of the property or
the annual income of the child exceeds
P50,000, the parent concerned shall be
required to furnish a bond in such amount as
the court may determine, but not less than
ten per centum (10%) of the value of the
property or annual income, to guarantee the
performance of the obligations prescribed for
general guardians.
A verified petition for approval of the bond
shall be filed in the proper court of the place
where the child resides, or, if the child resides
in a foreign country, in the proper court of the
place where the property or any part thereof
is situated.
The petition shall be docketed as a summary
special proceeding in which all incidents and
issues regarding the performance of the
obligations referred to in the second
paragraph of this Article shall be heard and
resolved.
The ordinary rules on guardianship shall be
merely suppletory except when the child is
under substitute parental authority, or the
guardian is a stranger, or a parent has
remarried, in which case the ordinary rules on
guardianship shall apply. (320a)
Art. 226. The property of the unemancipated
child earned or acquired with his work or
industry or by onerous or gratuitous title shall
belong to the child in ownership and shall be
devoted exclusively to the latter's support
and education, unless the title or transfer
provides otherwise.
The right of the parents over the fruits and
income of the child's property shall be limited
primarily to the child's support and
secondarily to the collective daily needs of
the family. (321a, 323a)
Art. 227. If the parents entrust the
management or administration of any of their
properties to an unemancipated child, the net
proceeds of such property shall belong to the
owner. The child shall be given a reasonable
monthly allowance in an amount not less
than that which the owner would have paid if
the administrator were a stranger, unless the

owner, grants the entire proceeds to the
child. In any case, the proceeds thus give in
whole or in part shall not be charged to the
child's legitime. (322a)
Chapter 5. Suspension or Termination of
Parental Authority
Art. 228. Parental
permanently:
authority
terminates
(1) Upon the death of the parents;

(2) Upon the death of the child; or
(3) Compels the child to beg; or

(4) Subjects the child or allows him to be
subjected to acts of lasciviousness.
The grounds enumerated above are deemed
to include cases which have resulted from
culpable negligence of the parent or the
person exercising parental authority.
If the degree of seriousness so warrants, or
the welfare of the child so demands, the court
shall deprive the guilty party of parental
authority or adopt such other measures as
may be proper under the circumstances.
(3) Upon emancipation of the child. (327a)

Art. 229. Unless subsequently revived by a
final judgment, parental authority also
terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment
of the child in a case filed for the purpose;
(4) Upon final judgment of a competent court
divesting the party concerned of parental
authority; or
(5) Upon judicial declaration of absence or
incapacity of the person exercising parental
authority. (327a)
Art. 230. Parental authority is suspended
upon conviction of the parent or the person
exercising the same of a crime which carries
with it the penalty of civil interdiction. The
authority is automatically reinstated upon
service of the penalty or upon pardon or
amnesty of the offender. (330a)
Art. 231. The court in an action filed for the
purpose in a related case may also suspend
parental authority if the parent or the person
exercising the same:
The suspension or deprivation may be

revoked and the parental authority revived in
a case filed for the purpose or in the same
proceeding if the court finds that the cause
therefor has ceased and will not be repeated.
(33a)
Art. 232. If the person exercising parental
authority has subjected the child or allowed
him to be subjected to sexual abuse, such
person shall be permanently deprived by the
court of such authority. (n)
Art. 233. The person exercising substitute
parental authority shall have the same
authority over the person of the child as the
parents.
In no case shall the school administrator,
teacher of individual engaged in child care
exercising special parental authority inflict
corporal punishment upon the child. (n)
TITLE X
EMANCIPATION AND AGE OF MAJORITY
Art. 234. Emancipation takes place by the
attainment of majority. Unless otherwise
provided, majority commences at the age of
twenty-one years.
Emancipation also takes place:
(1) By the marriage of the minor; or
(1) Treats the child with excessive harshness

or cruelty;
(2) Gives the child corrupting orders, counsel
or example;
(2) By the recording in the Civil Register of an

agreement in a public instrument executed
by the parent exercising parental authority
and the minor at least eighteen years of age.
Such emancipation shall

(397a, 398a, 400a, 401a)
be
irrevocable.
parties shall be submitted to and approved by

the court. (n)
Art.
235.
The
provisions
governing
emancipation by recorded agreement shall
also apply to an orphan minor and the person
exercising
parental
authority
but
the
agreement must be approved by the court
before it is recorded. (n)
Art. 240. Claims for damages by either

spouse, except costs of the proceedings, may
be litigated only in a separate action. (n)
Art. 236. Emancipation for any cause shall

terminate parental authority over the person
and property of the child who shall then be
qualified and responsible for all acts of civil
life. (412a)
Art. 237. The annulment or declaration of
nullity of the marriage of a minor or of the
recorded agreement mentioned in the
foregoing. Articles 234 and 235 shall revive
the parental authority over the minor but
shall not affect acts and transactions that
took place prior to the recording of the final
judgment in the Civil Register. (n)
TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN
THE FAMILY LAW
Chapter 1. Prefatory Provisions
Art. 238. Until modified by the Supreme
Court, the procedural rules provided for in
this Title shall apply as regards separation in
fact
between
husband
and
wife,
abandonment by one of the other, and
incidents involving parental authority. (n)
Chapter 2. Separation in Fact
Art. 239. When a husband and wife are
separated in fact, or one has abandoned the
other and one of them seeks judicial
authorization for a transaction where the
consent of the other spouse is required by
law but such consent is withheld or cannot be
obtained, a verified petition may be filed in
court alleging the foregoing facts.
The petition shall attach the proposed deed, if
any, embodying the transaction, and, if none,
shall describe in detail the said transaction
and state the reason why the required
consent thereto cannot be secured. In any
case, the final deed duly executed by the
Art. 241. Jurisdiction over the petition shall,

upon proof of notice to the other spouse, be
exercised by the proper court authorized to
hear family cases, if one exists, or in the
regional trial court or its equivalent sitting in
the place where either of the spouses resides.
(n)
Art. 242. Upon the filing of the petition, the
court shall notify the other spouse, whose
consent to the transaction is required, of said
petition, ordering said spouse to show cause
why the petition should not be granted, on or
before the date set in said notice for the
initial conference. The notice shall be
accompanied by a copy of the petition and
shall be served at the last known address of
the spouse concerned. (n)
Art. 243. A preliminary conference shall be
conducted by the judge personally without
the parties being assisted by counsel. After
the initial conference, if the court deems it
useful, the parties may be assisted by
counsel at the succeeding conferences and
hearings. (n)
Art. 244. In case of non-appearance of the
spouse whose consent is sought, the court
shall inquire into the reasons for his failure to
appear, and shall require such appearance, if
possible. (n)
Art. 245. If, despite all efforts, the attendance
of the non-consenting spouse is not secured,
the court may proceed ex parte and render
judgment as the facts and circumstances may
warrant. In any case, the judge shall
endeavor to protect the interests of the nonappearing spouse. (n)
Art. 246. If the petition is not resolved at the
initial conference, said petition shall be
decided in a summary hearing on the basis of
affidavits, documentary evidence or oral
testimonies at the sound discretion of the
court. If testimony is needed, the court shall
specify the witnesses to be heard and the
subject-matter of their testimonies, directing

the parties to present said witnesses. (n)
Art. 247. The judgment of the court shall be
immediately final and executory. (n)
Art. 248. The petition for judicial authority to
administer or encumber specific separate
property of the abandoning spouse and to
use the fruits or proceeds thereof for the
support of the family shall also be governed
by these rules. (n)
Chapter 3.
Authority
Incidents
Involving
Parental
Art. 249. Petitions filed under Articles 223,

225 and 235 of this Code involving parental
authority shall be verified. (n)
Art. 250. Such petitions shall be verified and
filed in the proper court of the place where
the child resides. (n)
Art. 251. Upon the filing of the petition, the
court shall notify the parents or, in their
absence or incapacity, the individuals,
entities or institutions exercising parental
authority over the child. (n)
Art. 252. The rules in Chapter 2 hereof shall
also govern summary proceedings under this
Chapter insofar as they are applicable. (n)
Chapter 4. Other Matters Subject to Summary
Proceedings
Art. 253. The foregoing rules in Chapters 2
and 3 hereof shall likewise govern summary
proceedings filed under Articles 41, 51, 69,
73, 96, 124 and 127, insofar as they are
applicable. (n)
TITLE XII
FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VIII, IX, XI, and XV
of Book 1 of Republic Act No. 386, otherwise
known as the Civil Code of the Philippines, as
amended, and Articles 17, 18, 19, 27, 28, 29,
30, 31, 39, 40, 41, and 42 of Presidential
Decree No. 603, otherwise known as the Child
and Youth Welfare Code, as amended, and all
laws,
decrees,
executive
orders,
proclamations, rules and regulations, or parts

thereof, inconsistent herewith are hereby
repealed.
Art. 255. If any provision of this Code is held
invalid, all the other provisions not affected
thereby shall remain valid.
Art. 256. This Code shall have retroactive
effect insofar as it does not prejudice or
impair
vested
or acquired
rights
in
accordance with the Civil Code or other laws.
Art. 257. This Code shall take effect one year
after the completion of its publication in a
newspaper of general circulation, as certified
by the Executive Secretary, Office of the
President.
Done in the City of Manila, this 6th day of
July, in the year of Our Lord, nineteen
hundred and eighty-seven.

Executive Order No. 209 The Family Code of The Philippines July 6, 1987

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EXECUTIVE ORDER NO.

void ab initio, except as stated in Article 35

(1) Authority of the solemnizing officer;

(1) Any incumbent member of the judiciary

(3) Any ship captain or airplane chief only in

(4) Civil status;

up and sworn to before the local civil registrar

civil registrar, or in the form of an affidavit

applications. The notice shall be posted for

Stateless persons or refugees from other

(4) That the proper marriage license has been

Art. 24. It shall be the duty of the local civil

local civil registrar or any other person legally

Chapter 3. Void and Voidable Marriages

(1) Between collateral blood relatives

(1) Those contracted by any party below

(3) Between parents-in-law and children-inlaw;

(8) Between adopted children of the same

spouse was already dead. In case of

donations made to said donee are revoked by

Art. 42. The subsequent marriage referred to

Art. 44. If both spouses of the subsequent

A sworn statement of the fact and

Art. 45. A marriage may be annulled for any

Art. 43. The termination of the subsequent

(1) That the party in whose behalf it is sought

(5) That either party was physically incapable

during a lucid interval or after regaining

had been adjudicated in previous judicial

subsequent marriage under Article 53 shall

All creditors of the spouses as well as of the

In the partition, the conjugal dwelling and the

Art. 55. A petition for legal separation may be

(7) Contracting by the respondent of a

(2) Where the aggrieved party has consented

have the same powers and duties as those of

The action to revoke the donation under this

(3) The names of all their known creditors,

In case of disagreement, the court shall

marriage contract is recorded as well as in

(1) The objection is proper; and

Art. 78. A minor who according to law may

(2) Benefit has occurred to the family prior to

Art. 79. For the validity of any marriage

(2) By the provisions of this Code; and

(2) With respect to the extrinsic validity of

in consideration of the same, and in favor of

Art. 87. Every donation or grant of gratuitous

Art. 91. Unless otherwise provided in this

(1) Property acquired during the marriage by

(6) Expenses to enable either spouse to

husband's decision shall prevail, subject to

(3) When the marriage is annulled or declared

Art. 100. The separation in fact between

Art. 102. Upon dissolution of the absolute

(1) An inventory shall be prepared, listing

If no judicial settlement proceeding is