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TITLE I
MARRIAGE
Chapter 1. Requisites of MarriageArticle 1. Marriage is a special contract of permanent union between a man an a
woman entere into in accorance with law for the establishment of con!ugal an
famil" life. It is the founation of the famil" an an in#iolable social institutionwhose nature$ consequences$ an incients are go#erne b" law an not sub!ect
to stipulation$ e%cept that marriage settlements ma" fi% the propert" relations
uring the marriage within the limits pro#ie b" this Coe. &'(a)
Art. (. *o marriage shall be #ali$ unless these essential requisites are present+
&1) Legal capacit" of the contracting parties who must be a male an a female,
an
&() Consent freel" gi#en in the presence of the solemni-ing officer. &'a)
Art. . The formal requisites of marriage are+
&1) Authorit" of the solemni-ing officer,
&() A #ali marriage license e%cept in the cases pro#ie for in Chapter ( of this
Title, an
&) A marriage ceremon" which ta/es place with the appearance of the
contracting parties before the solemni-ing officer an their personal eclaration
that the" ta/e each other as husban an wife in the presence of not less than
two witnesses of legal age. &'a$ ''a)
Art. 0. The absence of an" of the essential or formal requisites shall rener the
marriage #oi ab initio$ e%cept as state in Article ' &().
A efect in an" of the essential requisites shall not affect the #aliit" of the
marriage but the part" or parties responsible for the irregularit" shall be ci#ill"$
criminall" an aministrati#el" liable. &n)
Art. '. An" male or female of the age of eighteen "ears or upwars not uner an"
of the impeiments mentione in Articles an 2$ ma" contract marriage. &'0a)
Art. 3. *o prescribe form or religious rite for the solemni-ation of the marriage is
require. It shall be necessar"$ howe#er$ for the contracting parties to appear
personall" before the solemni-ing officer an eclare in the presence of not less
than two witnesses of legal age that the" ta/e each other as husban an wife.
This eclaration shall be containe in the marriage certificate which shall be
signe b" the contracting parties an their witnesses an atteste b" the
solemni-ing officer.
In case of a marriage in articulo mortis$ when the part" at the point of eath is
unable to sign the marriage certificate$ it shall be sufficient for one of the
witnesses to the marriage to write the name of sai part"$ which fact shall be
atteste b" the solemni-ing officer. &''a)
Art. . Marriage ma" be solemni-e b"+
&1) An" incumbent member of the !uiciar" within the court4s !urisiction,
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&() An" priest$ rabbi$ imam$ or minister of an" church or religious sect ul"
authori-e b" his church or religious sect an registere with the ci#il registrar
general$ acting within the limits of the written authorit" grante b" his church or
religious sect an pro#ie that at least one of the contracting parties belongs to
the solemni-ing officer4s church or religious sect,
&) An" ship captain or airplane chief onl" in the case mentione in Article 1,
&0) An" militar" commaner of a unit to which a chaplain is assigne$ in the
absence of the latter$ uring a militar" operation$ li/ewise onl" in the cases
mentione in Article (,
&') An" consul5general$ consul or #ice5consul in the case pro#ie in Article
16. &'3a)
Article. 2. The marriage shall be solemni-e publicl" in the chambers of the !uge
or in open court$ in the church$ chapel or temple$ or in the office the consul5
general$ consul or #ice5consul$ as the case ma" be$ an not elsewhere$ e%cept in
cases of marriages contracte on the point of eath or in remote places in
accorance with Article (7 of this Coe$ or where both of the parties request thesolemni-ing officer in writing in which case the marriage ma" be solemni-e at a
house or place esignate b" them in a sworn statement to that effect. &'a)
Art. 7. A marriage license shall be issue b" the local ci#il registrar of the cit" or
municipalit" where either contracting part" habituall" resies$ e%cept in marriages
where no license is require in accorance with Chapter ( of this Title. &'2a)
Art. 16. Marriages between 8ilipino citi-ens abroa ma" be solemni-e b" a
consul5general$ consul or #ice5consul of the Republic of the 9hilippines. The
issuance of the marriage license an the uties of the local ci#il registrar an of
the solemni-ing officer with regar to the celebration of marriage shall be
performe b" sai consular official. &'a)
Art. 11. :here a marriage license is require$ each of the contracting parties shall
file separatel" a sworn application for such license with the proper local ci#il
registrar which shall specif" the following+
&1) 8ull name of the contracting part",
&() 9lace of birth,
&) Age an ate of birth,
&0) Ci#il status,
&') If pre#iousl" marrie$ how$ when an where the pre#ious marriage was
issol#e or annulle,
&3) 9resent resience an citi-enship,&) ;egree of relationship of the contracting parties,
&2) 8ull name$ resience an citi-enship of the father,
&7) 8ull name$ resience an citi-enship of the mother, an
&16) 8ull name$ resience an citi-enship of the guarian or person ha#ing
charge$ in case the contracting part" has neither father nor mother an is uner
the age of twent"5one "ears.
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The applicants$ their parents or guarians shall not be require to e%hibit their
resience certificates in an" formalit" in connection with the securing of the
marriage license. &'7a)
Art. 1(. The local ci#il registrar$ upon recei#ing such application$ shall require the
presentation of the original birth certificates or$ in efault thereof$ the baptismal
certificates of the contracting parties or copies of such ocuments ul" atteste
b" the persons ha#ing custo" of the originals. These certificates or certifie
copies of the ocuments b" this Article nee not be sworn to an shall be e%empt
from the ocumentar" stamp ta%. The signature an official title of the person
issuing the certificate shall be sufficient proof of its authenticit".
If either of the contracting parties is unable to prouce his birth or baptismal
certificate or a certifie cop" of either because of the estruction or loss of the
original or if it is shown b" an affia#it of such part" or of an" other person that
such birth or baptismal certificate has not "et been recei#e though the same has
been require of the person ha#ing custo" thereof at least fifteen a"s prior to
the ate of the application$ such part" ma" furnish in lieu thereof his current
resience certificate or an instrument rawn up an sworn to before the local ci#il
registrar concerne or an" public official authori-e to aminister oaths.
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in the form of an affia#it mae in the presence of two witnesses an atteste
before an" official authori-e b" law to aminister oaths. The personal
manifestation shall be recore in both applications for marriage license$ an the
affia#it$ if one is e%ecute instea$ shall be attache to sai applications. &31a)
Art. 1'. An" contracting part" between the age of twent"5one an twent"5fi#e
shall be oblige to as/ their parents or guarian for a#ice upon the intene
marriage. If the" o not obtain such a#ice$ or if it be unfa#orable$ the marriagelicense shall not be issue till after three months following the completion of the
publication of the application therefor. A sworn statement b" the contracting
parties to the effect that such a#ice has been sought$ together with the written
a#ice gi#en$ if an"$ shall be attache to the application for marriage license.
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license. It shall$ howe#er$ be issue free of charge to inigent parties$ that is
those who ha#e no #isible means of income or whose income is insufficient for
their subsistence a fact establishe b" their affia#it$ or b" their oath before the
local ci#il registrar. &3'a)chan robles #irtual law librar"
Art. (6. The license shall be #ali in an" part of the 9hilippines for a perio of one
hunre twent" a"s from the ate of issue$ an shall be eeme automaticall"
cancele at the e%piration of the sai perio if the contracting parties ha#e notmae use of it. The e%pir" ate shall be stampe in bol characters on the face of
e#er" license issue. &3'a)
Art. (1. :hen either or both of the contracting parties are citi-ens of a foreign
countr"$ it shall be necessar" for them before a marriage license can be obtaine$
to submit a certificate of legal capacit" to contract marriage$ issue b" their
respecti#e iplomatic or consular officials.
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applications for marriage licenses shall be e%empt from ocumentar" stamp
ta%. &n)
Art. ('. The local ci#il registrar concerne shall enter all applications for marriage
licenses file with him in a registr" boo/ strictl" in the orer in which the same
are recei#e. =e shall recor in sai boo/ the names of the applicants$ the ate
on which the marriage license was issue$ an such other ata as ma" be
necessar". &n)
Art. (3. All marriages solemni-e outsie the 9hilippines$ in accorance with the
laws in force in the countr" where the" were solemni-e$ an #ali there as such$
shall also be #ali in this countr"$ e%cept those prohibite uner Articles ' &1)$
&0)$ &') an &3)$ 3 an 2. &1a)
:here a marriage between a 8ilipino citi-en an a foreigner is #alil" celebrate
an a i#orce is thereafter #alil" obtaine abroa b" the alien spouse
capacitating him or her to remarr"$ the 8ilipino spouse shall ha#e capacit" to
remarr" uner 9hilippine law. &As amene b" E%ecuti#e >rer (()
Chapter (. Marriages E%empte from License RequirementArt. (. In case either or both of the contracting parties are at the point of eath$
the marriage ma" be solemni-e without necessit" of a marriage license an shall
remain #ali e#en if the ailing part" subsequentl" sur#i#es.&(a)
Art. (2. If the resience of either part" is so locate that there is no means of
transportation to enable such part" to appear personall" before the local ci#il
registrar$ the marriage ma" be solemni-e without necessit" of a marriage
license. &(a)
Art. (7. In the cases pro#ie for in the two preceing articles$ the solemni-ing
officer shall state in an affia#it e%ecute before the local ci#il registrar or an"other person legall" authori-e to aminister oaths that the marriage was
performe in articulo mortis or that the resience of either part"$ specif"ing the
barrio or baranga"$ is so locate that there is no means of transportation to
enable such part" to appear personall" before the local ci#il registrar an that the
officer too/ the necessar" steps to ascertain the ages an relationship of the
contracting parties an the absence of legal impeiment to the marriage. &(a)
Art. 6. The original of the affia#it require in the last preceing article$ together
with the legible cop" of the marriage contract$ shall be sent b" the person
solemni-ing the marriage to the local ci#il registrar of the municipalit" where it
was performe within the perio of thirt" a"s after the performance of themarriage. &'a)
Art. 1. A marriage in articulo mortis between passengers or crew members ma"
also be solemni-e b" a ship captain or b" an airplane pilot not onl" while the
ship is at sea or the plane is in flight$ but also uring stopo#ers at ports of
call. &0a)
Art. (. A militar" commaner of a unit$ who is a commissione officer$ shall
li/ewise ha#e authorit" to solemni-e marriages in articulo mortis between persons
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within the -one of militar" operation$ whether members of the arme forces or
ci#ilians. &0a)
Art. . Marriages among Muslims or among members of the ethnic cultural
communities ma" be performe #alil" without the necessit" of marriage license$
pro#ie the" are solemni-e in accorance with their customs$ rites or
practices. &2a)
Art. 0. *o license shall be necessar" for the marriage of a man an a womanwho ha#e li#e together as husban an wife for at least fi#e "ears an without
an" legal impeiment to marr" each other. The contracting parties shall state the
foregoing facts in an affia#it before an" person authori-e b" law to aminister
oaths. The solemni-ing officer shall also state uner oath that he ascertaine the
qualifications of the contracting parties are foun no legal impeiment to the
marriage. &3a)
Chapter . ?oi an ?oiable MarriagesArt. '. The following marriages shall be #oi from the beginning+
&1) Those contracte b" an" part" below eighteen "ears of age e#en with the
consent of parents or guarians,
&() Those solemni-e b" an" person not legall" authori-e to perform marriages
unless such marriages were contracte with either or both parties belie#ing in
goo faith that the solemni-ing officer ha the legal authorit" to o so,
&) Those solemni-e without license$ e%cept those co#ere the preceing
Chapter,
&0) Those bigamous or pol"gamous marriages not failing uner Article 01,
&') Those contracte through mista/e of one contracting part" as to the ientit"
of the other, an&3) Those subsequent marriages that are #oi uner Article '.
Art. 3. A marriage contracte b" an" part" who$ at the time of the celebration$
was ps"chologicall" incapacitate to compl" with the essential marital obligations
of marriage$ shall li/ewise be #oi e#en if such incapacit" becomes manifest onl"
after its solemni-ation. &As amene b" E%ecuti#e >rer (()
Art. . Marriages between the following are incestuous an #oi from the
beginning$ whether relationship between the parties be legitimate or illegitimate+
&1) @etween ascenants an escenants of an" egree, an
&() @etween brothers an sisters$ whether of the full or half bloo. &21a)
Art. 2. The following marriages shall be #oi from the beginning for reasons of
public polic"+
&1) @etween collateral bloo relati#es whether legitimate or illegitimate$ up to the
fourth ci#il egree,
&() @etween step5parents an step5chilren,
&) @etween parents5in5law an chilren5in5law,
&0) @etween the aopting parent an the aopte chil,
&') @etween the sur#i#ing spouse of the aopting parent an the aopte chil,
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&) ;onations b" reason of marriage shall remain #ali$ e%cept that if the onee
contracte the marriage in ba faith$ such onations mae to sai onee are
re#o/e b" operation of law,
&0) The innocent spouse ma" re#o/e the esignation of the other spouse who
acte in ba faith as beneficiar" in an" insurance polic"$ e#en if such esignation
be stipulate as irre#ocable, an
&') The spouse who contracte the subsequent marriage in ba faith shall beisqualifie to inherit from the innocent spouse b" testate an intestate
succession. &n)
Art. 00. If both spouses of the subsequent marriage acte in ba faith$ sai
marriage shall be #oi ab initio an all onations b" reason of marriage an
testamentar" ispositions mae b" one in fa#or of the other are re#o/e b"
operation of law. &n)
Art. 0'. A marriage ma" be annulle for an" of the following causes$ e%isting at
the time of the marriage+
&1) That the part" in whose behalf it is sought to ha#e the marriage annulle was
eighteen "ears of age or o#er but below twent"5one$ an the marriage was
solemni-e without the consent of the parents$ guarian or person ha#ing
substitute parental authorit" o#er the part"$ in that orer$ unless after attaining
the age of twent"5one$ such part" freel" cohabite with the other an both li#e
together as husban an wife,
&() That either part" was of unsoun min$ unless such part" after coming to
reason$ freel" cohabite with the other as husban an wife,
&) That the consent of either part" was obtaine b" frau$ unless such part"
afterwars$ with full /nowlege of the facts constituting the frau$ freel"
cohabite with the other as husban an wife,
&0) That the consent of either part" was obtaine b" force$ intimiation or unueinfluence$ unless the same ha#ing isappeare or cease$ such part" thereafter
freel" cohabite with the other as husban an wife,
&') That either part" was ph"sicall" incapable of consummating the marriage with
the other$ an such incapacit" continues an appears to be incurable, or
&3) That either part" was afflicte with a se%uall"5transmissible isease foun to
be serious an appears to be incurable. &2'a)
Art. 03. An" of the following circumstances shall constitute frau referre to in
*umber of the preceing Article+
&1) *on5isclosure of a pre#ious con#iction b" final !ugment of the other part" of
a crime in#ol#ing moral turpitue,
&() Concealment b" the wife of the fact that at the time of the marriage$ she was
pregnant b" a man other than her husban,
&) Concealment of se%uall" transmissible isease$ regarless of its nature$
e%isting at the time of the marriage, or
&0) Concealment of rug aiction$ habitual alcoholism or homose%ualit" or
lesbianism e%isting at the time of the marriage.
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*o other misrepresentation or eceit as to character$ health$ ran/$ fortune or
chastit" shall constitute such frau as will gi#e grouns for action for the
annulment of marriage. &23a)
Art. 0. The action for annulment of marriage must be file b" the following
persons an within the perios inicate herein+
&1) 8or causes mentione in number 1 of Article 0' b" the part" whose parent or
guarian i not gi#e his or her consent$ within fi#e "ears after attaining the age
of twent"5one$ or b" the parent or guarian or person ha#ing legal charge of the
minor$ at an" time before such part" has reache the age of twent"5one,
&() 8or causes mentione in number ( of Article 0'$ b" the same spouse$ who
ha no /nowlege of the other4s insanit", or b" an" relati#e or guarian or person
ha#ing legal charge of the insane$ at an" time before the eath of either part"$ or
b" the insane spouse uring a luci inter#al or after regaining sanit",
&) 8or causes mentione in number of Article 0'$ b" the in!ure part"$ within
fi#e "ears after the isco#er" of the frau,
&0) 8or causes mentione in number 0 of Article 0'$ b" the in!ure part"$ within
fi#e "ears from the time the force$ intimiation or unue influence isappeare or
cease,
&') 8or causes mentione in number ' an 3 of Article 0'$ b" the in!ure part"$
within fi#e "ears after the marriage. &2a)
Art. 02. In all cases of annulment or eclaration of absolute nullit" of marriage$
the Court shall orer the prosecuting attorne" or fiscal assigne to it to appear on
behalf of the
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Art. '1. In sai partition$ the #alue of the presumpti#e legitimes of all common
chilren$ compute as of the ate of the final !ugment of the trial court$ shall be
eli#ere in cash$ propert" or soun securities$ unless the parties$ b" mutual
agreement !uiciall" appro#e$ ha alrea" pro#ie for such matters.
The chilren or their guarian or the trustee of their propert" ma" as/ for the
enforcement of the !ugment.
The eli#er" of the presumpti#e legitimes herein prescribe shall in no wa"pre!uice the ultimate successional rights of the chilren accruing upon the eath
of either of both of the parents, but the #alue of the properties alrea" recei#e
uner the ecree of annulment or absolute nullit" shall be consiere as a#ances
on their legitime. &n)
Art. '(. The !ugment of annulment or of absolute nullit" of the marriage$ the
partition an istribution of the properties of the spouses an the eli#er" of the
chilren4s presumpti#e legitimes shall be recore in the appropriate ci#il registr"
an registries of propert", otherwise$ the same shall not affect thir persons. &n)
Art. '. Either of the former spouses ma" marr" again after compliance with the
requirements of the immeiatel" preceing Article, otherwise$ the subsequentmarriage shall be null an #oi.chan robles #irtual law librar"
Art. '0. Chilren concei#e or born before the !ugment of annulment or absolute
nullit" of the marriage uner Article 3 has become final an e%ecutor" shall be
consiere legitimate. Chilren concei#e or born of the subsequent marriage
uner Article ' shall li/ewise be legitimate.
TITLE II
LEGAL *Art. ''. A petition for legal separation ma" be file on an" of the followinggrouns+
&1) Repeate ph"sical #iolence or grossl" abusi#e conuct irecte against the
petitioner$ a common chil$ or a chil of the petitioner,
&() 9h"sical #iolence or moral pressure to compel the petitioner to change
religious or political affiliation,
&) Attempt of responent to corrupt or inuce the petitioner$ a common chil$ or
a chil of the petitioner$ to engage in prostitution$ or conni#ance in such
corruption or inucement,
&0) 8inal !ugment sentencing the responent to imprisonment of more than si%
"ears$ e#en if parone,&') ;rug aiction or habitual alcoholism of the responent,
&3) Lesbianism or homose%ualit" of the responent,
&) Contracting b" the responent of a subsequent bigamous marriage$ whether
in the 9hilippines or abroa,
&2)
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&16) Abanonment of petitioner b" responent without !ustifiable cause for more
than one "ear.
8or purposes of this Article$ the term chil shall inclue a chil b" nature or b"
aoption. &7a)
Art. '3. The petition for legal separation shall be enie on an" of the following
grouns+
&1) :here the aggrie#e part" has conone the offense or act complaine of,
&() :here the aggrie#e part" has consente to the commission of the offense or
act complaine of,
&) :here there is conni#ance between the parties in the commission of the
offense or act constituting the groun for legal separation,
&0) :here both parties ha#e gi#en groun for legal separation,
&') :here there is collusion between the parties to obtain ecree of legal
separation, or
&3) :here the action is barre b" prescription. &166a)
Art. '. An action for legal separation shall be file within fi#e "ears from the time
of the occurrence of the cause. &16()
Art. '2. An action for legal separation shall in no case be trie before si% months
shall ha#e elapse since the filing of the petition. &16)
Art. '7. *o legal separation ma" be ecree unless the Court has ta/en steps
towar the reconciliation of the spouses an is full" satisfie$ espite such efforts$
that reconciliation is highl" improbable. &n)
Art. 36. *o ecree of legal separation shall be base upon a stipulation of facts or
a confession of !ugment.
In an" case$ the Court shall orer the prosecuting attorne" or fiscal assigne to it
to ta/e steps to pre#ent collusion between the parties an to ta/e care that thee#ience is not fabricate or suppresse. &161a)
Art. 31. After the filing of the petition for legal separation$ the spouses shall be
entitle to li#e separatel" from each other.
The court$ in the absence of a written agreement between the spouses$ shall
esignate either of them or a thir person to aminister the absolute communit"
or con!ugal partnership propert". The aministrator appointe b" the court shall
ha#e the same powers an uties as those of a guarian uner the Rules of
Court. &160a)
Art. 3(. ;uring the penenc" of the action for legal separation$ the pro#isions of
Article 07 shall li/ewise appl" to the support of the spouses an the custo" an
support of the common chilren. &16'a)
Art. 3. The ecree of legal separation shall ha#e the following effects+
&1) The spouses shall be entitle to li#e separatel" from each other$ but the
marriage bons shall not be se#ere,
&() The absolute communit" or the con!ugal partnership shall be issol#e an
liquiate but the offening spouse shall ha#e no right to an" share of the net
profits earne b" the absolute communit" or the con!ugal partnership$ which shall
be forfeite in accorance with the pro#isions of Article 0&(),
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&) The custo" of the minor chilren shall be aware to the innocent spouse$
sub!ect to the pro#isions of Article (1 of this Coe, an
&0) The offening spouse shall be isqualifie from inheriting from the innocent
spouse b" intestate succession. Moreo#er$ pro#isions in fa#or of the offening
spouse mae in the will of the innocent spouse shall be re#o/e b" operation of
law. &163a)
Art. 30. After the finalit" of the ecree of legal separation$ the innocent spousema" re#o/e the onations mae b" him or b" her in fa#or of the offening
spouse$ as well as the esignation of the latter as beneficiar" in an" insurance
polic"$ e#en if such esignation be stipulate as irre#ocable. The re#ocation of the
onations shall be recore in the registries of propert" in the places where the
properties are locate. Alienations$ liens an encumbrances registere in goo
faith before the recoring of the complaint for re#ocation in the registries of
propert" shall be respecte. The re#ocation of or change in the esignation of the
insurance beneficiar" shall ta/e effect upon written notification thereof to the
insure.
The action to re#o/e the onation uner this Article must be brought within fi#e
"ears from the time the ecree of legal separation become final. &16a)
Art. 3'. If the spouses shoul reconcile$ a corresponing !oint manifestation
uner oath ul" signe b" them shall be file with the court in the same
proceeing for legal separation. &n)
Art. 33. The reconciliation referre to in the preceing Articles shall ha#e the
following consequences+
&1) The legal separation proceeings$ if still pening$ shall thereb" be terminate
at whate#er stage, an
&() The final ecree of legal separation shall be set asie$ but the separation of
propert" an an" forfeiture of the share of the guilt" spouse alrea" effecte shallsubsist$ unless the spouses agree to re#i#e their former propert" regime.
The court4s orer containing the foregoing shall be recore in the proper ci#il
registries. &162a)
Art. 3. The agreement to re#i#e the former propert" regime referre to in the
preceing Article shall be e%ecute uner oath an shall specif"+
&1) The properties to be contribute anew to the restore regime,
&() Those to be retaine as separate properties of each spouse, an
&) The names of all their /nown creitors$ their aresses an the amounts
owing to each.
The agreement of re#i#al an the motion for its appro#al shall be file with the
court in the same proceeing for legal separation$ with copies of both furnishe to
the creitors name therein. After ue hearing$ the court shall$ in its orer$ ta/e
measure to protect the interest of creitors an such orer shall be recore in
the proper registries of properties.
The recoring of the orering in the registries of propert" shall not pre!uice an"
creitor not liste or not notifie$ unless the ebtor5spouse has sufficient separate
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properties to satisf" the creitor4s claim. &17'a$ 162a)
TITLE III
RIG=T< A*; >@LIGATI>*< @ET:EE* =
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Art. '. The future spouses ma"$ in the marriage settlements$ agree upon the
regime of absolute communit"$ con!ugal partnership of gains$ complete separation
of propert"$ or an" other regime. In the absence of a marriage settlement$ or
when the regime agree upon is #oi$ the s"stem of absolute communit" of
propert" as establishe in this Coe shall go#ern. &117a)
Art. 3. In orer that an" moification in the marriage settlements ma" be #ali$
it must be mae before the celebration of the marriage$ sub!ect to the pro#isions
of Articles 33$ 3$ 1(2$ 1' an 13. &1(1)
Art. . The marriage settlements an an" moification thereof shall be in
writing$ signe b" the parties an e%ecute before the celebration of the
marriage. The" shall not pre!uice thir persons unless the" are registere in the
local ci#il registr" where the marriage contract is recore as well as in the proper
registries of properties. &1((a)
Art. 2. A minor who accoring to law ma" contract marriage ma" also e%ecute
his or her marriage settlements$ but the" shall be #ali onl" if the persons
esignate in Article 10 to gi#e consent to the marriage are mae parties to the
agreement$ sub!ect to the pro#isions of Title ID of this Coe.&1(6a)
Art. 7. 8or the #aliit" of an" marriage settlement e%ecute b" a person upon
whom a sentence of ci#il interiction has been pronounce or who is sub!ect to
an" other isabilit"$ it shall be inispensable for the guarian appointe b" a
competent court to be mae a part" thereto. &1(a)
Art. 26. In the absence of a contrar" stipulation in a marriage settlement$ the
propert" relations of the spouses shall be go#erne b" 9hilippine laws$ regarless
of the place of the celebration of the marriage an their resience.
This rule shall not appl"+
&1) :here both spouses are aliens,
&() :ith respect to the e%trinsic #aliit" of contracts affecting propert" notsituate in the 9hilippines an e%ecute in the countr" where the propert" is
locate, an
&) :ith respect to the e%trinsic #aliit" of contracts entere into in the
9hilippines but affecting propert" situate in a foreign countr" whose laws require
ifferent formalities for its e%trinsic #aliit". &1(0a)
Art. 21. E#er"thing stipulate in the settlements or contracts referre to in the
preceing articles in consieration of a future marriage$ incluing onations
between the prospecti#e spouses mae therein$ shall be renere #oi if the
marriage oes not ta/e place. =owe#er$ stipulations that o not epen upon the
celebration of the marriages shall be #ali. &1('a)
Chapter (. ;onations b" Reason of MarriageArt. 2(. ;onations b" reason of marriage are those which are mae before its
celebration$ in consieration of the same$ an in fa#or of one or both of the future
spouses. &1(3)
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Art. 2. These onations are go#erne b" the rules on orinar" onations
establishe in Title III of @oo/ III of the Ci#il Coe$ insofar as the" are not
moifie b" the following articles. &1(a)
Art. 20. If the future spouses agree upon a regime other than the absolute
communit" of propert"$ the" cannot onate to each other in their marriage
settlements more than one5fifth of their present propert". An" e%cess shall be
consiere #oi.;onations of future propert" shall be go#erne b" the pro#isions on testamentar"
succession an the formalities of wills. &16a)
Art. 2'. ;onations b" reason of marriage of propert" sub!ect to encumbrances
shall be #ali. In case of foreclosure of the encumbrance an the propert" is sol
for less than the total amount of the obligation secure$ the onee shall not be
liable for the eficienc". If the propert" is sol for more than the total amount of
sai obligation$ the onee shall be entitle to the e%cess. &11a)
Art. 23. A onation b" reason of marriage ma" be re#o/e b" the onor in the
following cases+
&1) If the marriage is not celebrate or !uiciall" eclare #oi ab initio e%ceptonations mae in the marriage settlements$ which shall be go#erne b" Article
21,
&() :hen the marriage ta/es place without the consent of the parents or
guarian$ as require b" law,
&) :hen the marriage is annulle$ an the onee acte in ba faith,
&0) pon legal separation$ the onee being the guilt" spouse,
&') If it is with a resolutor" conition an the conition is complie with,
&3) :hen the onee has committe an act of ingratitue as specifie b" the
pro#isions of the Ci#il Coe on onations in general. &1(a)
Art. 2. E#er" onation or grant of gratuitous a#antage$ irect or inirect$between the spouses uring the marriage shall be #oi$ e%cept moerate gifts
which the spouses ma" gi#e each other on the occasion of an" famil" re!oicing.
The prohibition shall also appl" to persons li#ing together as husban an wife
without a #ali marriage. &1a)
Chapter .
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instrument an shall be recore as pro#ie in Article . The creitors of the
spouse who mae such wai#er ma" petition the court to rescin the wai#er to the
e%tent of the amount sufficient to co#er the amount of their creits. &103a)
Art. 76. The pro#isions on co5ownership shall appl" to the absolute communit" of
propert" between the spouses in all matters not pro#ie for in this Chapter. &n)
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&2) The #alue of what is onate or promise b" both spouses in fa#or of their
common legitimate chilren for the e%clusi#e purpose of commencing or
completing a professional or #ocational course or other acti#it" for self5
impro#ement,
&7) Ante5nuptial ebts of either spouse other than those falling uner paragraph
&) of this Article$ the support of illegitimate chilren of either spouse$ an
liabilities incurre b" either spouse b" reason of a crime or a quasi5elict$ in caseof absence or insufficienc" of the e%clusi#e propert" of the ebtor5spouse$ the
pa"ment of which shall be consiere as a#ances to be eucte from the share
of the ebtor5spouse upon liquiation of the communit", an
&16) E%penses of litigation between the spouses unless the suit is foun to be
grounless.
If the communit" propert" is insufficient to co#er the foregoing liabilities$ e%cept
those falling uner paragraph &7)$ the spouses shall be soliaril" liable for the
unpai balance with their separate properties. &131a$ 13(a$ 13a$ (6(a5(6'a)
Art. 7'. :hate#er ma" be lost uring the marriage in an" game of chance$betting$ sweepsta/es$ or an" other /in of gambling$ whether permitte or
prohibite b" law$ shall be borne b" the loser an shall not be charge to the
communit" but an" winnings therefrom shall form part of the communit"
propert". &130a)
wnership$ Aministrati#e$
En!o"ment an ;isposition of the Communit" 9ropert"Art. 73. The aministration an en!o"ment of the communit" propert" shall
belong to both spouses !ointl". In case of isagreement$ the husban4s ecisionshall pre#ail$ sub!ect to recourse to the court b" the wife for proper reme"$
which must be a#aile of within fi#e "ears from the ate of the contract
implementing such ecision.
In the e#ent that one spouse is incapacitate or otherwise unable to participate in
the aministration of the common properties$ the other spouse ma" assume sole
powers of aministration. These powers o not inclue isposition or
encumbrance without authorit" of the court or the written consent of the other
spouse. In the absence of such authorit" or consent$ the isposition or
encumbrance shall be #oi. =owe#er$ the transaction shall be construe as a
continuing offer on the part of the consenting spouse an the thir person$ anma" be perfecte as a bining contract upon the acceptance b" the other spouse
or authori-ation b" the court before the offer is withrawn b" either or both
offerors. &(63a)
Art. 7. Either spouse ma" ispose b" will of his or her interest in the communit"
propert". &n)
Art. 72. *either spouse ma" onate an" communit" propert" without the consent
of the other. =owe#er$ either spouse ma"$ without the consent of the other$ ma/e
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moerate onations from the communit" propert" for charit" or on occasions of
famil" re!oicing or famil" istress. &n)
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regime of con!ugal partnership gains shall go#ern their propert" relations uring
marriage$ the pro#isions in this Chapter shall be of supplementar" application.
The pro#isions of this Chapter shall also appl" to con!ugal partnerships of gains
alrea" establishe between spouses before the effecti#it" of this Coe$ without
pre!uice to #este rights alrea" acquire in accorance with the Ci#il Coeor
other laws$ as pro#ie in Article ('3. &n)
Art. 163. ner the regime of con!ugal partnership of gains$ the husban an wife
place in a common fun the procees$ proucts$ fruits an income from their
separate properties an those acquire b" either or both spouses through their
efforts or b" chance$ an$ upon issolution of the marriage or of the partnership$
the net gains or benefits obtaine b" either or both spouses shall be i#ie
equall" between them$ unless otherwise agree in the marriage settlements. &10(a)
Art. 16. The rules pro#ie in Articles 22 an 27 shall also appl" to con!ugal
partnership of gains. &n)
Art. 162. The con!ugal partnership shall be go#erne b" the rules on the contract
of partnership in all that is not in conflict with what is e%pressl" etermine in this
Chapter or b" the spouses in their marriage settlements.&10a)
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Art. 110. If the onations are onerous$ the amount of the charges shall be borne
b" the e%clusi#e propert" of the onee spouse$ whene#er the" ha#e been
a#ance b" the con!ugal partnership of gains. &1'1a)
Art. 11'. Retirement benefits$ pensions$ annuities$ gratuities$ usufructs an
similar benefits shall be go#erne b" the rules on gratuitous or onerous
acquisitions as ma" be proper in each case. &n)
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:hen the cost of the impro#ement mae b" the con!ugal partnership an an"
resulting increase in #alue are more than the #alue of the propert" at the time of
the impro#ement$ the entire propert" of one of the spouses shall belong to the
con!ugal partnership$ sub!ect to reimbursement of the #alue of the propert" of the
owner5spouse at the time of the impro#ement, otherwise$ sai propert" shall be
retaine in ownership b" the owner5spouse$ li/ewise sub!ect to reimbursement of
the cost of the impro#ement.In either case$ the ownership of the entire propert" shall be #este upon the
reimbursement$ which shall be mae at the time of the liquiation of the con!ugal
partnership. &1'2a)
bligations of
the Con!ugal 9artnershipArt. 1(1. The con!ugal partnership shall be liable for+
&1) The support of the spouse$ their common chilren$ an the legitimate chilren
of either spouse, howe#er$ the support of illegitimate chilren shall be go#erne
b" the pro#isions of this Coe on
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=owe#er$ the pa"ment of personal ebts contracte b" either spouse before the
marriage$ that of fines an inemnities impose upon them$ as well as the
support of illegitimate chilren of either spouse$ ma" be enforce against the
partnership assets after the responsibilities enumerate in the preceing Article
ha#e been co#ere$ if the spouse who is boun shoul ha#e no e%clusi#e propert"
or if it shoul be insufficient, but at the time of the liquiation of the partnership$
such spouse shall be charge for what has been pai for the purpose abo#e5mentione. &13a)
Art. 1(. :hate#er ma" be lost uring the marriage in an" game of chance or in
betting$ sweepsta/es$ or an" other /in of gambling whether permitte or
prohibite b" law$ shall be borne b" the loser an shall not be charge to the
con!ugal partnership but an" winnings therefrom shall form part of the con!ugal
partnership propert". &130a)
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&0) In case of !uicial separation of propert" uring the marriage uner Articles
10 to 12. &1'a)
Art. 1(. The separation in fact between husban an wife shall not affect the
regime of con!ugal partnership$ e%cept that+
&1) The spouse who lea#es the con!ugal home or refuses to li#e therein$ without
!ust cause$ shall not ha#e the right to be supporte,
&() :hen the consent of one spouse to an" transaction of the other is require b"
law$ !uicial authori-ation shall be obtaine in a summar" proceeing,
&) In the absence of sufficient con!ugal partnership propert"$ the separate
propert" of both spouses shall be soliaril" liable for the support of the famil".
The spouse present shall$ upon petition in a summar" proceeing$ be gi#en
!uicial authorit" to aminister or encumber an" specific separate propert" of the
other spouse an use the fruits or procees thereof to satisf" the latter4s
share. &12a)
Art. 1(2. If a spouse without !ust cause abanons the other or fails to compl"
with his or her obligation to the famil"$ the aggrie#e spouse ma" petition the
court for recei#ership$ for !uicial separation of propert"$ or for authorit" to be the
sole aministrator of the con!ugal partnership propert"$ sub!ect to such
precautionar" conitions as the court ma" impose.
The obligations to the famil" mentione in the preceing paragraph refer to
marital$ parental or propert" relations.
A spouse is eeme to ha#e abanone the other when he or she has left the
con!ugal welling without intention of returning. The spouse who has left the
con!ugal welling for a perio of three months or has faile within the same
perio to gi#e an" information as to his or her whereabouts shall be prima facie
presume to ha#e no intention of returning to the con!ugal welling.&13a$ 171a)
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&') :hate#er remains of the e%clusi#e properties of the spouses shall thereafter
be eli#ere to each of them.
&3) nless the owner ha been inemnifie from whate#er source$ the loss or
eterioration of mo#ables use for the benefit of the famil"$ belonging to either
spouse$ e#en ue to fortuitous e#ent$ shall be pai to sai spouse from the
con!ugal funs$ if an".
&) The net remainer of the con!ugal partnership properties shall constitute theprofits$ which shall be i#ie equall" between husban an wife$ unless a
ifferent proportion or i#ision was agree upon in the marriage settlements or
unless there has been a #oluntar" wai#er or forfeiture of such share as pro#ie
in this Coe.
&2) The presumpti#e legitimes of the common chilren shall be eli#ere upon the
partition in accorance with Article '1.
&7) In the partition of the properties$ the con!ugal welling an the lot on which it
is situate shall$ unless otherwise agree upon b" the parties$ be a!uicate to
the spouse with whom the ma!orit" of the common chilren choose to remain.
Chilren below the age of se#en "ears are eeme to ha#e chosen the mother$unless the court has ecie otherwise. In case there is no such ma!orit"$ the
court shall ecie$ ta/ing into consieration the best interests of sai
chilren. &121a$ 12(a$ 12a$ 120a$ 12'a)
Art. 16. pon the termination of the marriage b" eath$ the con!ugal partnership
propert" shall be liquiate in the same proceeing for the settlement of the
estate of the ecease.
If no !uicial settlement proceeing is institute$ the sur#i#ing spouse shall
liquiate the con!ugal partnership propert" either !uiciall" or e%tra5!uiciall"
within si% months from the eath of the ecease spouse. If upon the lapse of the
si%5month perio no liquiation is mae$ an" isposition or encumbrance in#ol#ingthe con!ugal partnership propert" of the terminate marriage shall be #oi.
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propert" an until what belongs to them is eli#ere, but from this shall be
eucte that amount recei#e for support which e%cees the fruits or rents
pertaining to them. &122a)
Chapter '. nce the separation of propert" has been ecree$ the absolute
communit" or the con!ugal partnership of gains shall be liquiate in conformit"
with this Coe.
;uring the penenc" of the proceeings for separation of propert"$ the absolute
communit" or the con!ugal partnership shall pa" for the support of the spouses
an their chilren. &17(a)
Art. 12. After issolution of the absolute communit" or of the con!ugal
partnership$ the pro#isions on complete separation of propert" shall appl".&171a)
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Art. 17. The petition for separation of propert" an the final !ugment granting
the same shall be recore in the proper local ci#il registries an registries of
propert". &17a)
Art. 106. The separation of propert" shall not pre!uice the rights pre#iousl"
acquire b" creitors. &170a)
Art. 101. The spouses ma"$ in the same proceeings where separation of propert"
was ecree$ file a motion in court for a ecree re#i#ing the propert" regime thate%iste between them before the separation of propert" in an" of the following
instances+
&1) :hen the ci#il interiction terminates,
&() :hen the absentee spouse reappears,
&) :hen the court$ being satisfie that the spouse grante the power of
aministration in the marriage settlements will not again abuse that power$
authori-es the resumption of sai aministration,
&0) :hen the spouse who has left the con!ugal home without a ecree of legal
separation resumes common life with the other,
&') :hen parental authorit" is !uiciall" restore to the spouse pre#iousl"epri#e thereof,
&3) :hen the spouses who ha#e separate in fact for at least one "ear$ reconcile
an resume common life, or
&) :hen after #oluntar" issolution of the absolute communit" of propert" or
con!ugal partnership has been !uiciall" ecree upon the !oint petition of the
spouses$ the" agree to the re#i#al of the former propert" regime. *o #oluntar"
separation of propert" ma" thereafter be grante.
The re#i#al of the former propert" regime shall be go#erne b" Article 3.&17'a)
Art. 10(. The aministration of all classes of e%clusi#e propert" of either spouse
ma" be transferre b" the court to the other spouse+&1) :hen one spouse becomes the guarian of the other,
&() :hen one spouse is !uiciall" eclare an absentee,
&) :hen one spouse is sentence to a penalt" which carries with it ci#il
interiction, or
&0) :hen one spouse becomes a fugiti#e from !ustice or is in hiing as an
accuse in a criminal case.
If the other spouse is not qualifie b" reason of incompetence$ conflict of interest$
or an" other !ust cause$ the court shall appoint a suitable person to be the
aministrator. &n)
Chapter 3. Regime of
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Art. 100.
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If one of the parties is #alil" marrie to another$ his or her share in the co5
ownership shall accrue to the absolute communit" or con!ugal partnership
e%isting in such #ali marriage. If the part" who acte in ba faith is not #alil"
marrie to another$ his or her shall be forfeite in the manner pro#ie in the last
paragraph of the preceing Article.
The foregoing rules on forfeiture shall li/ewise appl" e#en if both parties are in
ba faith. &100a)
TITLE ?
T=E 8AMILF
Chapter 1. The 8amil" as an InstitutionArt. 107. The famil"$ being the founation of the nation$ is a basic social
institution which public polic" cherishes an protects. Consequentl"$ famil"
relations are go#erne b" law an no custom$ practice or agreement estructi#e
of the famil" shall be recogni-e or gi#en effect. &(13a$ (12a)
Art. '6. 8amil" relations inclue those+
&1) @etween husban an wife,
&() @etween parents an chilren,
&) Among brothers an sisters$ whether of the full or half5bloo. &(1a)
Art. 1'1. *o suit between members of the same famil" shall prosper unless it
shoul appear from the #erifie complaint or petition that earnest efforts towar a
compromise ha#e been mae$ but that the same ha#e faile. If it is shown that
no such efforts were in fact mae$ the same case must be ismisse.
This rules shall not appl" to cases which ma" not be the sub!ect of compromise
uner the Ci#il Coe.&(((a)
Chapter (. The 8amil" =omeArt. 1'(. The famil" home$ constitute !ointl" b" the husban an the wife or b"
an unmarrie hea of a famil"$ is the welling house where the" an their famil"
resie$ an the lan on which it is situate. &((a)
Art. 1'. The famil" home is eeme constitute on a house an lot from the
time it is occupie as a famil" resience. 8rom the time of its constitution an so
long as an" of its beneficiaries actuall" resies therein$ the famil" home continues
to be such an is e%empt from e%ecution$ force sale or attachment e%cept ashereinafter pro#ie an to the e%tent of the #alue allowe b" law. &((a)
Art. 1'0. The beneficiaries of a famil" home are+
&1) The husban an wife$ or an unmarrie person who is the hea of a famil",
an
&() Their parents$ ascenants$ escenants$ brothers an sisters$ whether the
relationship be legitimate or illegitimate$ who are li#ing in the famil" home an
who epen upon the hea of the famil" for legal support. &((3a)
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Art. 1''. The famil" home shall be e%empt from e%ecution$ force sale or
attachment e%cept+
&1) 8or nonpa"ment of ta%es,
&() 8or ebts incurre prior to the constitution of the famil" home,
&) 8or ebts secure b" mortgages on the premises before or after such
constitution, an
&0) 8or ebts ue to laborers$ mechanics$ architects$ builers$ materialmen an
others who ha#e renere ser#ice or furnishe material for the construction of the
builing. &(0a)
Art. 1'3. The famil" home must be part of the properties of the absolute
communit" or the con!ugal partnership$ or of the e%clusi#e properties of either
spouse with the latter4s consent. It ma" also be constitute b" an unmarrie hea
of a famil" on his or her own propert".
*e#ertheless$ propert" that is the sub!ect of a conitional sale on installments
where ownership is reser#e b" the #enor onl" to guarantee pa"ment of the
purchase price ma" be constitute as a famil" home. &((a$ ((2a)Art. 1'. The actual #alue of the famil" home shall not e%cee$ at the time of its
constitution$ the amount of the three hunre thousan pesos in urban areas$
an two hunre thousan pesos in rural areas$ or such amounts as ma"
hereafter be fi%e b" law.
In an" e#ent$ if the #alue of the currenc" changes after the aoption of this Coe$
the #alue most fa#orable for the constitution of a famil" home shall be the basis
of e#aluation.
8or purposes of this Article$ urban areas are eeme to inclue chartere cities
an municipalities whose annual income at least equals that legall" require for
chartere cities. All others are eeme to be rural areas.&(1a)
Art. 1'2. The famil" home ma" be sol$ alienate$ onate$ assigne or
encumbere b" the owner or owners thereof with the written consent of the
person constituting the same$ the latter4s spouse$ an a ma!orit" of the
beneficiaries of legal age. In case of conflict$ the court shall ecie. &('a)
Art. 1'7. The famil" home shall continue espite the eath of one or both
spouses or of the unmarrie hea of the famil" for a perio of ten "ears or for as
long as there is a minor beneficiar"$ an the heirs cannot partition the same
unless the court fins compelling reasons therefor. This rule shall appl" regarless
of whoe#er owns the propert" or constitute the famil" home. &(2a)
Art. 136. :hen a creitor whose claims is not among those mentione in Article
1'' obtains a !ugment in his fa#or$ an he has reasonable grouns to belie#e
that the famil" home is actuall" worth more than the ma%imum amount fi%e in
Article 1'$ he ma" appl" to the court which renere the !ugment for an orer
irecting the sale of the propert" uner e%ecution. The court shall so orer if it
fins that the actual #alue of the famil" home e%cees the ma%imum amount
allowe b" law as of the time of its constitution. If the increase actual #alue
e%cees the ma%imum allowe in Article 1' an results from subsequent
#oluntar" impro#ements introuce b" the person or persons constituting the
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Art. 13. The chil shall be consiere legitimate although the mother ma" ha#e
eclare against its legitimac" or ma" ha#e been sentence as an aulteress. &('3a)
Art. 132. If the marriage is terminate an the mother contracte another
marriage within three hunre a"s after such termination of the former
marriage$ these rules shall go#ern in the absence of proof to the contrar"+
&1) A chil born before one hunre eight" a"s after the solemni-ation of the
subsequent marriage is consiere to ha#e been concei#e uring the former
marriage$ pro#ie it be born within three hunre a"s after the termination of
the former marriage,
&() A chil born after one hunre eight" a"s following the celebration of the
subsequent marriage is consiere to ha#e been concei#e uring such marriage$
e#en though it be born within the three hunre a"s after the termination of the
former marriage. &('7a)
Art. 137. The legitimac" or illegitimac" of a chil born after three hunre a"s
following the termination of the marriage shall be pro#e b" whoe#er alleges such
legitimac" or illegitimac". &(31a)
Art. 16. The action to impugn the legitimac" of the chil shall be brought within
one "ear from the /nowlege of the birth or its recoring in the ci#il register$ if
the husban or$ in a proper case$ an" of his heirs$ shoul resie in the cit" or
municipalit" where the birth too/ place or was recore.
If the husban or$ in his efault$ all of his heirs o not resie at the place of birth
as efine in the first paragraph or where it was recore$ the perio shall be two
"ears if the" shoul resie in the 9hilippines, an three "ears if abroa. If the
birth of the chil has been conceale from or was un/nown to the husban or his
heirs$ the perio shall be counte from the isco#er" or /nowlege of the birth of
the chil or of the fact of registration of sai birth$ whiche#er is earlier.&(3a)
Art. 11. The heirs of the husban ma" impugn the filiation of the chil within the
perio prescribe in the preceing article onl" in the following cases+
&1) If the husban shoul ie before the e%piration of the perio fi%e for
bringing his action,
&() If he shoul ie after the filing of the complaint without ha#ing esiste
therefrom, or
&) If the chil was born after the eath of the husban. &(3(a)
Chapter (. 9roof of 8iliationArt. 1(. The filiation of legitimate chilren is establishe b" an" of the following+
&1) The recor of birth appearing in the ci#il register or a final !ugment, or
&() An amission of legitimate filiation in a public ocument or a pri#ate
hanwritten instrument an signe b" the parent concerne.
In the absence of the foregoing e#ience$ the legitimate filiation shall be
pro#e b"+
&1) The open an continuous possession of the status of a legitimate chil, or
&() An" other means allowe b" the Rules of Court an special laws. &(3'a$ (33a$ (3a)
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Art. 1. The action to claim legitimac" ma" be brought b" the chil uring his or
her lifetime an shall be transmitte to the heirs shoul the chil ie uring
minorit" or in a state of insanit". In these cases$ the heirs shall ha#e a perio of
fi#e "ears within which to institute the action.
Art. 10. Legitimate chilren shall ha#e the right+
&1) To bear the surnames of the father an the mother$ in conformit" with the
pro#isions of the Ci#il Coe on 9TI>*
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Art. 12. A person of age an in possession of full ci#il capacit" an legal rights
ma" aopt$ pro#ie he is in a position to support an care for his chilren$
legitimate or illegitimate$ in /eeping with the means of the famil".
>nl" minors ma" be aopte$ e%cept in the cases when the aoption of a person
of ma!orit" age is allowe in this Title.
In aition$ the aopter must be at least si%teen "ears oler than the person to
be aopte$ unless the aopter is the parent b" nature of the aopte$ or is the
spouse of the legitimate parent of the person to be aopte. &(a$ E. >. 71 an 9; 36)
Art. 120. The following persons ma" not aopt+
&1) The guarian with respect to the war prior to the appro#al of the final
accounts renere upon the termination of their guarianship relation,
&() An" person who has been con#icte of a crime in#ol#ing moral turpitue,
&) An alien$ e%cept+
&a) A former 8ilipino citi-en who see/s to aopt a relati#e b" consanguinit",
&b) >ne who see/s to aopt the legitimate chil of his or her 8ilipino spouse, or
&c) >ne who is marrie to a 8ilipino citi-en an see/s to aopt !ointl" with his or
her spouse a relati#e b" consanguinit" of the latter.
Aliens not inclue in the foregoing e%ceptions ma" aopt 8ilipino chilren in
accorance with the rules on inter5countr" aoptions as ma" be pro#ie b"
law. &(2a$ E. >. 71 an 9; 36)
Art. 12'. =usban an wife must !ointl" aopt$ e%cept in the following cases+
&1) :hen one spouse see/s to aopt his own illegitimate chil, or
&() :hen one spouse see/s to aopt the legitimate chil of the other. &(7a$ E. >. 71 an
9; 36)Art. 123. In case husban an wife !ointl" aopt or one spouse aopts the
legitimate chil of the other$ !oint parental authorit" shall be e%ercise b" the
spouses in accorance with this Coe. &(7a$ E. >. an 9; 36)
Art. 12. The following ma" not be aopte+
&1) A person of legal age$ unless he or she is a chil b" nature of the aopter or
his or her spouse$ or$ prior to the aoption$ sai person has been consistentl"
consiere an treate b" the aopter as his or her own chil uring minorit".
&() An alien with whose go#ernment the Republic of the 9hilippines has no
iplomatic relations, an
&) A person who has alrea" been aopte unless such aoption has beenpre#iousl" re#o/e or rescine. &6a$ E. >. 71 an 9; 36)
Art. 122. The written consent of the following to the aoption shall be necessar"+
&1) The person to be aopte$ if ten "ears of age or o#er$
&() The parents b" nature of the chil$ the legal guarian$ or the proper
go#ernment instrumentalit",
&) The legitimate an aopte chilren$ ten "ears of age or o#er$ of the aopting
parent or parents,
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&0) The illegitimate chilren$ ten "ears of age or o#er$ of the aopting parent$ if
li#ing with sai parent an the latter4s spouse$ if an", an
&') The spouse$ if an"$ of the person aopting or to be aopte. &1a$ E. >. 71 an 9; 36)
Art. 127. Aoption shall ha#e the following effects+
&1) 8or ci#il purposes$ the aopte shall be eeme to be a legitimate chil of the
aopters an both shall acquire the reciprocal rights an obligations arising from
the relationship of parent an chil$ incluing the right of the aopte to use the
surname of the aopters,
&() The parental authorit" of the parents b" nature o#er the aopte shall
terminate an be #este in the aopters$ e%cept that if the aopter is the spouse
of the parent b" nature of the aopte$ parental authorit" o#er the aopte shall
be e%ercise !ointl" b" both spouses, an
&) The aopte shall remain an intestate heir of his parents an other bloo
relati#es. &7&1)a$ &)a$ 9; 36)
Art. 176. Legal or intestate succession to the estate of the aopte shall be
go#erne b" the following rules+
&1) Legitimate an illegitimate chilren an escenants an the sur#i#ing spouse
of the aopte shall inherit from the aopte$ in accorance with the orinar"
rules of legal or intestate succession,
&() :hen the parents$ legitimate or illegitimate$ or the legitimate ascenants of
the aopte concur with the aopter$ the" shall i#ie the entire estate$ one5half
to be inherite b" the parents or ascenants an the other half$ b" the aopters,
&) :hen the sur#i#ing spouse or the illegitimate chilren of the aopte concur
with the aopters$ the" shall i#ie the entire estate in equal shares$ one5half to
be inherite b" the spouse or the illegitimate chilren of the aopte an the
other half$ b" the aopters.&0) :hen the aopters concur with the illegitimate chilren an the sur#i#ing
spouse of the aopte$ the" shall i#ie the entire estate in equal shares$ one5
thir to be inherite b" the illegitimate chilren$ one5thir b" the sur#i#ing
spouse$ an one5thir b" the aopters,
&') :hen onl" the aopters sur#i#e$ the" shall inherit the entire estate, an
&3) :hen onl" collateral bloo relati#es of the aopte sur#i#e$ then the orinar"
rules of legal or intestate succession shall appl". &7&0)a$ 9; 36)
Art. 171. If the aopte is a minor or otherwise incapacitate$ the aoption ma"
be !uiciall" rescine upon petition of an" person authori-e b" the court or
proper go#ernment instrumental acting on his behalf$ on the same grouns
prescribe for loss or suspension of parental authorit". If the aopte is at least
eighteen "ears of age$ he ma" petition for !uicial rescission of the aoption on
the same grouns prescribe for isinheriting an ascenant. &06a$ 9; 36)
Art. 17(. The aopters ma" petition the court for the !uicial rescission of the
aoption in an" of the following cases+
&1) If the aopte has committe an" act constituting groun for isinheriting a
escenant, or
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&() :hen the aopte has abanone the home of the aopters uring minorit"
for at least one "ear$ or$ b" some other acts$ has efinitel" repuiate the
aoption. &01a$ 9; 36)
Art. 17. If the aopte minor has not reache the age of ma!orit" at the time of
the !uicial rescission of the aoption$ the court in the same proceeing shall
reinstate the parental authorit" of the parents b" nature$ unless the latter are
isqualifie or incapacitate$ in which case the court shall appoint a guarian o#erthe person an propert" of the minor. If the aopte person is ph"sicall" or
mentall" hanicappe$ the court shall appoint in the same proceeing a guarian
o#er his person or propert" or both.
uicial rescission of the aoption shall e%tinguish all reciprocal rights an
obligations between the aopters an the aopte arising from the relationship of
parent an chil. The aopte shall li/ewise lose the right to use the surnames of
the aopters an shall resume his surname prior to the aoption.
The court shall accoringl" orer the amenment of the recors in the proper
registries. &0(a$ 9; 36)
TITLE ?III
RTArt. 170.
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shall not affect the parental authorit" o#er the chilren$ unless the court appoints
another person to be the guarian of the person or propert" of the chilren. &n)
Art. (1. In case of separation of the parents$ parental authorit" shall be
e%ercise b" the parent esignate b" the Court. The Court shall ta/e into
account all rele#ant consierations$ especiall" the choice of the chil o#er se#en
"ears of age$ unless the parent chosen is unfit. &n)
Art. (10. In case of eath$ absence or unsuitabilit" of the parents$ substituteparental authorit" shall be e%ercise b" the sur#i#ing granparent. In case
se#eral sur#i#e$ the one esignate b" the court$ ta/ing into account the same
consieration mentione in the preceing article$ shall e%ercise the authorit". &''a)
Art. (1'. *o escenant shall be compelle$ in a criminal case$ to testif" against
his parents an granparents$ e%cept when such testimon" is inispensable in a
crime against the escenant or b" one parent against the other. &1'a)
Chapter (.
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engage in chil care or in chilren4s homes ul" accreite b" the proper
go#ernment agenc".
The parent e%ercising parental authorit" shall not interfere with the care of the
chil whene#er committe but shall pro#ie for his support. pon proper petition
or at its own instance$ the court ma" terminate the commitment of the chil
whene#er !ust an proper. &71a)
Chapter 0. Effect of 9arental Authorit" pon
the 9ropert" of the ChilrenArt. (('. The father an the mother shall !ointl" e%ercise legal guarianship o#er
the propert" of the unemancipate common chil without the necessit" of a court
appointment. In case of isagreement$ the father4s ecision shall pre#ail$ unless
there is a !uicial orer to the contrar".
:here the mar/et #alue of the propert" or the annual income of the chil e%cees
9'6$666$ the parent concerne shall be require to furnish a bon in such amount
as the court ma" etermine$ but not less than ten per centum&16H) of the #alue
of the propert" or annual income$ to guarantee the performance of the obligations
prescribe for general guarians.
A #erifie petition for appro#al of the bon shall be file in the proper court of the
place where the chil resies$ or$ if the chil resies in a foreign countr"$ in the
proper court of the place where the propert" or an" part thereof is situate.
The petition shall be oc/ete as a summar" special proceeing in which all
incients an issues regaring the performance of the obligations referre to in
the secon paragraph of this Article shall be hear an resol#e.
The orinar" rules on guarianship shall be merel" suppletor" e%cept when the
chil is uner substitute parental authorit"$ or the guarian is a stranger$ or aparent has remarrie$ in which case the orinar" rules on guarianship shall
appl". &(6a)
Art. ((3. The propert" of the unemancipate chil earne or acquire with his
wor/ or inustr" or b" onerous or gratuitous title shall belong to the chil in
ownership an shall be e#ote e%clusi#el" to the latter4s support an eucation$
unless the title or transfer pro#ies otherwise.
The right of the parents o#er the fruits an income of the chil4s propert" shall be
limite primaril" to the chil4s support an seconaril" to the collecti#e ail"
nees of the famil". &(1a$ (a)
Art. ((. If the parents entrust the management or aministration of an" of theirproperties to an unemancipate chil$ the net procees of such propert" shall
belong to the owner. The chil shall be gi#en a reasonable monthl" allowance in
an amount not less than that which the owner woul ha#e pai if the
aministrator were a stranger$ unless the owner$ grants the entire procees to the
chil. In an" case$ the procees thus gi#e in whole or in part shall not be charge
to the chil4s legitime. &((a)
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Chapter '.
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chil. &n)
TITLE D
EMA*CI9ATI>* A*; AGE >8 MA>RITFArt. (0. Emancipation ta/es place b" the attainment of ma!orit". nless
otherwise pro#ie$ ma!orit" commences at the age of twent"5one "ears.
Emancipation also ta/es place+
&1) @" the marriage of the minor, or
&() @" the recoring in the Ci#il Register of an agreement in a public instrument
e%ecute b" the parent e%ercising parental authorit" an the minor at least
eighteen "ears of age.
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Art. (06. Claims for amages b" either spouse$ e%cept costs of the proceeings$
ma" be litigate onl" in a separate action. &n)
Art. (01. urisiction o#er the petition shall$ upon proof of notice to the other
spouse$ be e%ercise b" the proper court authori-e to hear famil" cases$ if one
e%ists$ or in the regional trial court or its equi#alent sitting in the place where
either of the spouses resies. &n)
Art. (0(. pon the filing of the petition$ the court shall notif" the other spouse$whose consent to the transaction is require$ of sai petition$ orering sai
spouse to show cause wh" the petition shoul not be grante$ on or before the
ate set in sai notice for the initial conference. The notice shall be accompanie
b" a cop" of the petition an shall be ser#e at the last /nown aress of the
spouse concerne. &n)
Art. (0. A preliminar" conference shall be conucte b" the !uge personall"
without the parties being assiste b" counsel. After the initial conference$ if the
court eems it useful$ the parties ma" be assiste b" counsel at the succeeing
conferences an hearings. &n)
Art. (00. In case of non5appearance of the spouse whose consent is sought$ thecourt shall inquire into the reasons for his failure to appear$ an shall require such
appearance$ if possible. &n)
Art. (0'. If$ espite all efforts$ the attenance of the non5consenting spouse is
not secure$ the court ma" procee e% parte an rener !ugment as the facts
an circumstances ma" warrant. In an" case$ the !uge shall enea#or to protect
the interests of the non5appearing spouse. &n)
Art. (03. If the petition is not resol#e at the initial conference$ sai petition shall
be ecie in a summar" hearing on the basis of affia#its$ ocumentar"
e#ience or oral testimonies at the soun iscretion of the court. If testimon" is
neee$ the court shall specif" the witnesses to be hear an the sub!ect5matterof their testimonies$ irecting the parties to present sai witnesses.&n)
Art. (0. The !ugment of the court shall be immeiatel" final an e%ecutor".&n)
Art. (02. The petition for !uicial authorit" to aminister or encumber specific
separate propert" of the abanoning spouse an to use the fruits or procees
thereof for the support of the famil" shall also be go#erne b" these rules. &n)
Chapter . Incients In#ol#ing 9arental Authorit"Art. (07. 9etitions file uner Articles (($ ((' an (' of this Coe in#ol#ing
parental authorit" shall be #erifie.&n)
Art. ('6.
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Art. ('(. The rules in Chapter ( hereof shall also go#ern summar" proceeings
uner this Chapter insofar as the" are applicable. &n)
Chapter 0. >ther Matters ffice of the 9resient.
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