PFR FINALS REVIEWER

Define marriage. (5) Any consul-general, consul or vice-consul in the case of

ANS: Under the FC, marriage is a special contract of marriages between Filipino citizens abroad as provided in Art.
permanent union between a man and a woman entered into in 10 of the Family Code. (Art. 7, FC.)
accordance with law for the establishment of conjugal and (6) (Note: Whereas under Art. 56 of the NCC, marriages may
family life. It is the foundation of the family and an inviolable be solemnized by mayors of cities and municipalities, under
social institution whose nature, consequences, and incidents the FC, mayors are no longer authorized to solemnize
are governed by law and not subject to stipulation, except marriages. However, in view of the Local Government Code
that marriage settlements may fix the property relations which took effect on January, 1992, the duly elected Mayors of
during the marriage within the limits provided by the FC. (Art the cities and municipalities can again solemnize marriages,
1, FC.) thus, reverting back to the old law. The term “Mayor” includes
a Vice-Mayor who is the “Acting Mayor” or who is merely
“acting as Mayor.”)
Wbat are the essential requisites of a valid marriage?
ANS: No marriage shall be valid, unless these essential What is the rule on marriages solemnized outside the
requisites are present: Philippines in accordance with the laws in force in the
(1) Legal capacity of the contracting parties who must be a country where they were solemnized? Exceptions.
male and a female; and (2) Consent freely given in the (1992)
presence of the solemnizing officer. (Art. 2, FC.) ANS: Art. 26 of the FC retains the rule in Art. 71 of the NCC
that all marriages solemnized outside the Philippines in
What are the formal requisites of marriage? accordance with the laws in force in the country where they
ANS: The formal requisites of marriage are: were solemnized, valid there as such, shall also be valid in this
(1) Authority of the solemnizing officer, country (the rule of lex loci celebrationis).
(2) A valid marriage license except in marriages of The exceptions to the rule are the following:
exceptional character; and (1) If either or both parties did not have the legal capacity to
(3) A marriage ceremony which takes place with the be married (Art. 35[1], FC,);
appearance of the contracting parties before the solemnizing (2) The marriage is immoral for being bigamous or
officer their personal declaration that they take each other as polygamous (Art. 35[4], FC.);
husband and wife in the presence of not less than 2 witnesses (3) Consent of one party is lacking because of 'mistake as to
of legal age. (Art. 3, FC.) the identity of the other (Art. 35[5], FC.);
(4) Those subsequent marriages that are void under Art. 53 of
What are the effects of the following to a contract of the FC (Art. 35[6], FC.);
marriage: (5) One of the parties was psychologically incapacitated at the
(a) Absence of any of the essential or formal time of the marriage to comply with the essential marital
requisites? obligations (Art. 36, FC.);
(b) Defect in any of the essential requisites? (6) The marriage is incestuous (Art. 37, FC.); or
(c) Irregularity in the formal requisites? (7) The marriage is void by reason of public policy. (Art. 38,
ANS: The effects are as follows: FC)
(a) The absence of any of the essential or formal requisites
shall render the marriage void ab initio, except as stated in What marriages are exempted from license
Art. 35(2) of the FC where marriage was contracted with requirement under the FC?
either or both parties believing in good faith that the ANS: Under the FC, there are certain marriages which are
solemnizing officer had the legal authority to do so, (Art. 4, exempted from requiring a marriage license for their validity.
1st par., FC.) In lieu of the marriage license, the law merely requires that
(b) A defect in any of the essential requisites shall render the the solemnizing officer shall state under oath that he
marriage voidable as provided in Art. 45 of the FC. (Art. 4, 2nd ascertained the qualifications of the contracting parties and
par. FC.) found no legal impediment to the marriage.
(c) An irregularity in the formal requisites shall not affect the These marriages are:
validity of the marriage but the party or parties responsible (1) Marriages in articulo mortis or at the point of death (Art.
for the irregularity shall be civilly, criminally and 27 FC.);
administratively liable, (Art. 4, 3rd par., FC.) (2) Marriages in remote places (Art. 28, FC.);
(3) Marriages between Muslims or among members of the
Who may solemnize marriages? ethnic cultural communities (Art. 33, FC.);
ANS: Marriages may be solemnized by: (4) Legal ratification of marital cohabitation (Art. 34, FC.);I
(1) Any incumbent member of the judiciary within the court’s (5) Marriages solemnized outside the Philippines where
jurisdiction; marriage license is required by the country where it was
(2) Any priest, rabbi, imam, or minister of any church or solemnized.
religious sect duly authorized by his church or religious sect
and registered with the civil registrar general, acting within In order that a ship captain, airplane pilot or a military
the limits of the written authority granted him by his church or commander of a unit may solemnize a marriage, what
religious sect and provided that at least one of the contracting requisites must concur?
parties belongs to the solemnizing officer’s church or religious ANS: In order that a ship captain or airplane chief may
sect; solemnize a marriage, the following requisites must concur:
(3) Any ship captain or airplane chief only in the cases of (1) The marriage must be in articulo mortis; and
marriages in articulo mortis between passengers or members (2) It must be solemnized while the ship is at sea or the plane
in the cases mentioned in Art. 31 of the FC; is in flight or during stopovers at ports of call. (Art. 31, FC)
(4) Any military commander of a unit to which a chaplain is In the case of a commanding officer of an army unit, it is
assigned, in absence of the latter, during a military operation, essential that the following requisites must concur:
likewise only in the cases of marriages in articulo mortis (1) The marriage must be in articulo mortis;
between persons within the zone of military operation, (2) It must be solemnized only in the absence of a chaplain;
whether members of the armed forces or civilians, as (3) The military commander must be a commissioned officer;
mentioned in Art. 32 of FC; or and

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(4) It must be solemnized within the zone of military G.R. No. 137590, March 24, 2001, laid down the guidelines in
operations. (Art. 32, FC.) the interpretation and application of Art. 36 of the FC for the
guidance of the bench and the bar which are as follows:
Distinguish between void and voidable marriages. 1. The burden of proof to show the nullity of the marriage
ANS: Void and voidable marriages may be distinguished from belongs to the plaintiff. Any doubts should be resolved in favor
each other in the following ways: of the existence and continuation of the marriage and against
(1) As to nature: A void marriage is inexistent from the time of its dissolution and nullity.
its performance, whereas a voidable marriage is valid and 2. The root cause of the psychological incapacity must be:
binding until it is annulled by a competent court. (a) medically or clinically identified, (b) alleged in the
(2) As to susceptibility of convalidation: A void marriage is not complaint, (c) sufficiently proven by experts, and (d) clearly
susceptible of convalidation, whereas a voidable marriage explained in the decision. (In the case of Republic vs.
may be convalidated either by prescription or by cohabitation. Quintero-Hanano, G.R. No. 149498, May 20, 2004, the Court
(3) As to effect upon property: In a void marriage, the ruled that Art. 36 requires that the incapacity must be
property relations between the parties are governed by the psychological — not physical, although its manifestations
rules of coownership, whereas in a voidable marriage, the and/or symptoms may be physical. The evidence must
property relations are, as a general rule, governed by the convince the Court that the parties, or one of them, was
rules on absolute community unless another system is agreed mentally or physically ill to such an extent that the person
upon in marriage settlement. could not have known the obligations he was assuming, or
(4) As to effect upon children: In a void marriage, the children knowing them, could not have given valid assumption thereof.
are considered illegitimate under Art. 165 of the FC (subject to The psychological incapacity must be characterized by: [a]
exceptions), whereas in a voidable marriage, the children gravity; [b] juridical antecedence; and [c] incurability.)
conceived before the decree of annulment are considered 3. The incapacity must be proven to be existing “at the time
legitimate. of the celebration” of the marriage.
(5) As to how marriage may be impugned: The defect of a 4. Such incapacity must also be shown to be medically or
void marriage may be attacked either directly or collaterally, clinically permanent or incurable.
whereas in a voidable marriage, a judicial declaration is 5. Such illness must be grave enough to bring about the
necessary. disability of the party to assume the essential obligations of
(6) As to who may impugn marriage: The validity of a void marriage.
marriage may be impugned by anyone who is directly 6. The essential marital obligations must be those embraced
affected, whereas the validity of a voidable marriage can be by Arts. 68 up to 71 of the FC as regards the husband and
impugned only as a general rule by one of the contracting wife, as well as Arts. 220, 221 and 225 of the same Code in
parties. regard to parents and their children. Such non-complied
(7) As to when marriage may be impugned: A void marriage marital obligations) must also be stated in the petition, proven
may be impugned even after the death of one of the by evidence and included in the text of the decision.
contracting parties, whereas a voidable marriage can no 7. Interpretations given by the National Appellate Matrimonial
longer be impugned after the death of one of the contracting Tribunal of the Catholic Church in the Philippines, while not
parties. controlling or decisive, should be given great respect by our
(8) As to necessity of judicial declaration: In void marriage, a courts.
judicial declaration is not necessary to establish its invalidity 8. The trial court must order the prosecuting attorney or fiscal
but for purpose of remarriage, there must be judicial and the Solicitor General to appear as counsel for the State.
declaration of nullity,
whereas in a voidable marriage, a judicial declaration is What marriages are incestuous and void from the
necessary. beginning, whether the relationship between the
parties be legitimate or illegitimate?
What marriages are void? ANS: The following marriages are incestuous and void from
ANS: The following marriages are void: the beginning, whether the relationship between the parties
(1) Those contracted by any party below 18 years of age even be legitimate or illegitimate:
with the consent of parents or guardians; (1) Between ascendants and descendants of any degree; and
(2) Those solemnized by any person not legally authorized to (2) Between brothers and sisters, whether of the full or half
perform marriages unless such marriages were contracted blood. (Art. 37, FC.)
with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so; What marriages are void for reasons of public policy?
(3) Those solemnized without license, except those covered ANS: The following marriages are void from the beginning for
by the marriages exempted from license requirement; reasons of public policy:
(4) Those bigamous or polygamous marriages not falling (1) Between collateral blood relatives, whether legitimate or
under Art. 41 of the FC; illegitimate, up to the fourth civil degree;
(5) Those contracted through mistake of one contracting party (2) Between step-parents and step-children;
as to the identity of the other; (3) Between parents-in-law and children-in-law;
(6) Those subsequent marriages that are void under Art. 53 of (4) Between the adopting parent and the adopted child;
the FC (Art. 35, FC.); (5) Between the surviving spouse of the adopting parent and
(7) Those marriages contracted by any party who, at the time the adopted child;
of the celebration, was psychologically incapacitated to (6) Between the surviving spouse of the adopted child and the
comply with the essential marital obligations of marriage, adopter;
even if such incapacity becomes manifest only after its (7) Between an adopted child and a legitimate child of the
solemnization (Art. 36, FC, as amended by E.O. 227.); adopter;
(8) Incestuous marriages, whether the relationship between (8) Between adopted children of the same adopter; and
the parties be legitimate or illegitimate (Art. 37, FC.); and (9) Between parties where one, with the intention to marry
(9) Those which are declared void because they are contrary the other, killed that other person’s spouse, or his or her own
to public policy. (Art. 38, FC.) spouse. (Art. 38, FC.)
{Note: Under the FC, the following can now marry:
The SC, in the abovestated case of the Republic vs. CA and [1] Brother-in-law and sister-in-law;
Molina, and as reiterated in Florence Malcampo-Sin vs. Sin, [2] Stepbrother and stepsister;
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[3] Guardian and ward; (1) Repeated physical violence or grossly abusive conduct
[4] Adopted and illegitimate child of the adopter; directed against the petitioner, a common child, or a child of
[5] Adopted son of the husband, and adopted daughter of the the petitioner;
wife; (2) Physical violence or moral pressure to compel the
[6] Parties who have been convicted of adultery or petitioner to change religious or political affiliation;
concubinage.) (3) Attempt of respondent to corrupt or induce the petitioner,
a common child, or a child of the petitioner, to engage in
What marriages are voidable? prostitution, or connivance in such corruption or inducement;
ANS: The following marriages are voidable: (4) Final judgment sentencing the respondent to
(1) Those where one or both parties were between the ages of imprisonment of more than 6 years, even if pardoned;
18 or over but below 21 at the time of marriage, and the (5) Drug addiction or habitual alcoholism of the respondent;
marriage was solemnized without the consent of the parents, (6) Lesbianism or homosexuality of the respondent;
guardian or person having substitute parental authority over (7) Contracting by the respondent of a subsequent bigamous
the party, in that order, unless after attaining the age of 21, marriage, whether in the Philippines or abroad;
such party freely cohabited with the other and both lived (8) Sexual infidelity or perversion;
together as husband and wife; (9) Attempt by the respondent against the life of the
(2) Those where either party was of unsound mind at the time petitioner; or
of marriage, unless such party after coming to reason, (10) Abandonment of petitioner by respondent without
cohabited with the other as husband and wife; justifiable cause for more than one year. (Sec. 2[a], Rule on
(3) Those where the consent of either party, at the time of Legal Separation, A.M. No. 02-11-11-SC, March 15, 2003.)
marriage, was obtained by fraud, unless such party For purpose of this Article, the term "child” shall include a
afterwards, with full knowledge of the facts constituting the child by nature or by adoption. (Art. 55, FC.)
fraud, freely cohabited with the other as husband and wife;
(4) Those where the consent of either party, at the time of What are the defenses which are available to the
marriage, was obtained by force, intimidation or undue defendant in actions for legal separation?
influence, unless the same having disappeared or ceased, ANS: The defendant in actions for legal separation may avail
such party thereafter freely cohabited with the other as himself of the following defenses:
husband and wife; (1) Condonation, or the act of the innocent spouse in forgiving
(5) Those where either party was, at the time of marriage, the offender subject to the condition that the offense shall not
physically incapable of consummating the marriage with the be repeated.
other, and such incapacity continues and appears to be (2) Consent, or that where the aggrieved party has agreed to
incurable; the commission of the offense or act complained of.
(6) Those where either party was, at the time of marriage, (3) Connivance, or the act of one spouse in consenting to the
afflicted with a sexually-transmissible disease found to be commission of the offense or act constituted the ground for
serious and appears to be incurable. (Art. 45, FC.) legal separation by the other.
(4) Mutual guilt, or where both parties have given ground for
What requisites must concur in order that physical legal separation.
incapacity will serve as a ground for the annulment of (5) Collusion, or agreement between two (2) spouses by virtue
a marriage? of which one of them will commit or appear to commit or be
ANS: The following requisites must concur in order that represented as having committed an offense which
physical incapacity will serve as a ground for the annulment of constitutes a ground for legal separation.
marriage: (6) Prescription of action, or where the action was not filed
(1) That either party was, at the time of the marriage, within 5 years from the time of the occurrence of the cause.
physically incapable of consummating the marriage with the (Art. 56, FC.)
other; The Court shall deny the petition for legal separation on any of
(2) That such incapacity continues; the aforementioned defenses. (Sec. 16, Rule on Legal
(3) That it appears to be incurable; and Separation, AM No. 02-11-11-SC, March 15, 2003.)
(4) That, at the time of the marriage, it was unknown to the
other party. (Art. 45[5], FC.) What are the effects of a decree of legal separation?
ANS: The effects of a decree of legal separation are as follows:
Distinguish Legal Separation from Annulment of (1) The spouses shall be entitled to live separately from each
Marriage. other, but the marriage bonds shall not be severed;
ANS: Legal Separation and Annulment of Marriage may be (2) The absolute community or the conjugal partnership shall
distinguished from each other in the following ways: be dissolved and liquidated but the offending spouse shall
(1) > The marriage is not defective in legal separation. The have no right to any share of the net profits earned by the
marriage is defective in annulment of marriage. absolute community or the conjugal partnership, which shall
(2) In legal separation, the grounds arise only after the be forfeited in accordance with the provisions of Art. 43(2) of
marriage. In annulment of marriage, the grounds must exist at the FC;
the time of or before the marriage. (3) The custody of the minor children shall be awarded to the
(3) In legal separation, the spouses are still married to each innocent spouse, subject to the provisions of Art. 213 of the
other and cannot therefore, remarry. In annulment of FC;
marriage, the spouses can marry again as the marriage is set (4) The offending spouse shall be disqualified from inheriting
aside. from the innocent spouse by intestate succession. Moreover,
(4) In legal separation, there are 10 grounds for legal provisions in favor of the offending spouse made in the will of
separation while in annulment there are only six (6) grounds. the innocent spouse shall be revoked by operation of law (Art.
63, FC.);
Who and when may the petition for legal separation be (5) The innocent spouse may revoke the donations made by
filed? What are the grounds for legal separation? him or her in favor of the offending spouse, as well as the
ANS: A petition for legal separation may be filed only by the designation of the latter as beneficiary in any insurance
husband of the wife, as the case may be, within five (5) years policy, even if such designation be stipulated as irrevocable,
from the time of the occurrence of any of the following following the date the decree became final. The revocation of
grounds for legal separation: the donations shall be recorded in the registries of property in
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the places where the properties are located. Alienations, liens (3) The names of all their known creditors, their addresses
and encumbrances registered in good faith before the and the amount owing to each. (Art. 67, FC.)
recording of the complaint for revocation in the registries of The spouses should then submit to the court the
property shall be respected. The revocation of or change in abovementioned agreement of revival together with the
the designation of the insurance beneficiary shall take effect motion asking for its approval. The motion shall be submitted
upon written notification thereof to the insured. in the same proceeding for legal separation. Copies of the
The action to revoke the donations herein must be brought agreement and the motion shall be furnished the creditors
within five (5) years from the time the decree has become named therein. After due hearing, the court shall, in its order,
final. (Art. 64, FC.) take measure to protect the interest of creditors and such
(Note: There is no prescriptive period for the innocent spouse order shall be recorded in the proper registries of property.
to revoke insurance policies in favor of the guilty spouse. As The recording of the order in the registries of properly shall
long as the policy is effective, the innocent spouse may not prejudice any creditor not listed or not notified, unless the
revoke the same.) debtor spouse has sufficient separate properties to satisfy the
creditor’s claim. (Art. 67, FC.)
What are the effects of filing of petition for legal
separation? What are the personal obligations of spouses to each
ANS: The effects of filing of petition for legal separation are as other?
follows: ANS: The personal obligations of the spouses to each other
(1) The spouses are entitled to live separately from each are:
other. The wife can already have a residence of her own (1) To live together;
separate from her husband’s residence. (2) To observe mutual love, respect, and fidelity; and
(2) The husband has no more rights to have sexual (3) To render mutual help and support. (Art. 68, FC.)
intercourse with his wife and if he forces himself upon her, he
can be charged criminally. What is meant by marriage settlement?
(3) The court shall designate the husband or the wife to ANS: A marriage settlement is defined as a contract entered
manage the absolute community or conjugal partnership into by persons who are about to be united in marriage for the
property in the absence of an agreement between the purpose of fixing the condition of the conjugal partnership
spouses. with regard to present and future property. (9 Manresa 106.)
(4) The court may designate a third person to administer the
properties of the spouses. What shall govern the property relations of the
The administrator appointed by the court shall have the same spouses?
powers and duties as a guardian under the Rules of Court and ANS: The property relations between husband and wife shall
therefore, cannot alienate or encumber any property of the be governed in the following order:
spouses without court authority. (Art. 61, FC.) (1) By marriage settlements executed before the marriage;
Under the “Rule on Provisional Orders” (A.M. No. 02-11-12- (2) By the provisions of the NCC as amended by the FC; and
SC, March 15, 2003), if a spouse without just cause abandons (3) By the local customs. (Art. 74, FC.)
the other or fails to comply with his or her obligations to the
family, the court may, upon application of the aggrieved party What economic system may be agreed upon by the
under oath, issue a provisional order appointing the applicant future spouses in the marriage settlement?
or a third person as receiver or sole administrator of the ANS: The future spouses may in the marriage settlement
common property subject to such precautionary conditions it agree upon:
may imposed. (1) the regime of absolute community, or
The receiver or administrator may not dispose of or encumber (2) conjugal partnership of gains, or
any common property or specific separate property of either (3) complete separation of property, or
spouse without prior authority of the court. (4) any other regime. In the absence of marriage settlements,
The provisional order issued by the court shall be registered in or when the regime agreed upon is void, the system of
the proper Register of Deeds and annotated in all titles of absolute community of property as established in the FC shall
properties subject of the receivership or administration. govern. (Art. 75, FC.)
I
What are the effects of reconciliation of the spouses? Give the essential features of each of the above
ANS: The effects of reconciliation of the spouses are as contracts.
follows: ANS: The essential features of the above contracts are:
(1) The legal separation proceedings, if still pending, shall (1) Conjugal partnership of gains. That there are certain
thereby be terminated in whatever stage; and properties which still belong to each of the spouses
(2) The final decree of legal separation shall be set aside, but exclusively and over which they exercise exclusive ownership
the separation of property and any forfeiture of the share of and administration; that all the fruits of such properties, the
the guilty spouse already effected shall subsist, unless the income from the work or industry of both spouses during the
spouses agree to revive their former property regime. marriage, and those which they acquire during the marriage
The court order containing the foregoing shall be recorded in by onerous title with conjugal funds shall be placed in a
the proper civil registries. (Art. 66, FC.) common fund, which shall be divided equally between them
or their heirs upon the dissolution of the marriage; that the
What steps shall be done by the reconciling spouses husband, as a rule, shall administer such conjugal properties;
who have agreed to revive their former property that, as a rule, such conjugal properties shall be liable only for
regime to effect such agreement? debts contracted by the husband which have redounded to
ANS: If the spouses agree to revive their former property the benefit of the family, and not for ante-nuptial debts, or
regime, they shall execute an agreement under oath and even for debts contracted during the marriage which have not
specify the following: redounded to the benefit of the family; that such conjugal
(1) The properties to be contributed anew to the restored properties shall be liable for the expenses of the marriage,
regime; and that, as a rule, the husband cannot alienate or encumber
(2) Those to be retained as separate properties of each such conjugal properties without the consent of the wife.
spouses; and (Arts. 105-133, FC.)

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(2) Absolute community of property. That all property of the ANS: The absolute community of property shall be liable for:
spouses, with certain specified exceptions, belong to both (1) The support of the spouses, their common children, and
husband and wife jointly; that ante-nuptial debts of either legitimate children of either spouse; however, the support of
spouse shall not be paid from the community, unless the illegitimate children shall be governed by the provisions of the
same have redounded to the benefit of the family; that debts FC on support;
contracted by both spouses or by one of them with the (2) All debts and obligations contracted during marriage by
consent of the other shall be paid from the community; and the designated administrator-spouse for the benefit of the
that neither spouse may alienate or encumber any community community, or by both spouses, or by one spouse with the
property without the consent of the other. (Arts. 88-104, FC, consent of the other;
Report of the Code Commission, p. 48.) (3) Debts and obligations contracted by either spouse without
(3) Complete separation of property. That the separation of the consent of the other to the extent that the family may
property may refer to present or future property or both; that have been benefited;
separation may be total or partial; that in the latter case, the (4) All taxes, liens, charges and expenses, including major or
property not agreed upon as separate shall pertain to the minor repairs, upon the community property;
partnership of gains; and that each spouse shall (5) All taxes and expenses for mere preservation made during
proportionately bear the family expenses. {Arts. 143-146, FC, marriage upon the separate property of either spouse used by
Report of the Code Commission, pp. 48-49.) the family;
(4) Any other system or regime. The future spouse may agree (6) Expenses to enable either spouse to commence or
on any other kind of economic regime. The only limitation is complete a professional or vocational course, or other activity
that the agreement must not be contrary to law, morals, good for self-improvement;
customs, public order, or public policy. (7) Ante-nuptial debts of either spouse insofar as they have
redounded to the benefit of the family;
What are the requisites for a valid donation propter (8) The value of what is donated or promised by both spouses
nuptias? in favor of their common legitimate children for the exclusive
ANS: For a donation propter nuptias to be valid, the donation purpose of commencing or completing a professional or
must be: vocational course or other activity for self-improvement;
(1) Made before the celebration of the marriage; (9) Ante-nuptial debts of either spouse other than those falling
(2) Made in consideration of the marriage; and under paragraph (7) of this enumeration; the support of
(3) Made in favor of one or both of the future spouses. illegitimate children of other spouse; and liabilities incurred by
either spouse by reason of a crime or a quasi-delict, in case of
When is a donation by reason of marriage revocable by absence or insufficiency of the exclusive property of the
the donor? debtor-spouse, the payment of which shall be considered as
ANS: A donation by reason of marriage is not revocable, save advances to be deducted from the share of the debtor-spouse
in the following cases where the donor may revoke said upon liquidation of the community; and
donation. (10) Expenses of litigation between the spouses unless the
(1) If the marriage is not celebrated, or judicially declared void suit is found to be groundless.
ab initio except donations made in the marriage settlements If the community property is insufficient to cover the
which shall be governed by Art. 81 of the FC; foregoing liabilities, except those falling under paragraph (9),
(2) When the marriage takes place without the consent of the the spouses shall be solidarily liable for the unpaid balance
parents or guardian as required by law; with their separate properties. (Art. 94, FC.)
(3) When the marriage is annulled, and the donee acted in
bad faith; When does the absolute community terminate?
(4) Upon legal separation, the donee being the guilty spouse; ANS: The absolute community terminates:
(5) If it is with a resolutory condition and the condition is (1) Upon the death of either spouse;
complied with; (2) When there is a decree of legal separation;
(6) When the donee has committed an act of ingratitude as (3) When the marriage is annulled or declared void; or
specified by the provisions of the NCC on donations in (4) In case of judicial separation of property during the
general. (Art. 86, FC.) marriage under Arts. 134 to 138 of the FC. (Art. 99, FC.)

Under the system of absolute community of properties, What is the effect of a separation in fact between
what properties are included in the community? What husband and wife upon the regime of absolute
properties are excluded? community?
ANS: Unless otherwise provided in the Chapter of the FC on ANS: The separation in fact between husband and wife shall
the system of absolute community or in the marriage not affect the regime of absolute community, except that:
settlements, the community property shall consist of all the (1) The spouse who leaves the conjugal home or refuses to
properties owned by the spouses at the time of the live therein, without just cause, shall not have the right to be
celebration of the marriage or acquired thereafter. (Art. 91, supported;
FC.) The following properties, however, are excluded: (2) When the consent of one spouse to any transaction of the
(1) Property acquired during the marriage by gratuitous title other is required by law, judicial authorization shall be
by either spouse, and the fruits as well as the income thereof, obtained in a summary proceeding;
if any, unless it is expressly provided by the donor, testator or (3) In the absence of sufficient community property, the
grantor that they shall form part of the community property; separate property of both spouses shall be solidarily liable for
(2) Property for personal and exclusive use of either spouse; the support of the family. The spouse present shall, upon
however, jewelry shall form part of the community property; proper petition in a summary proceeding, be given judicial
and authority to administer or encumber any specific property of
(3) Property acquired before the marriage by either spouse the other spouse and use the fruits or proceeds thereof to
who has legitimate descendants by a former marriage, and satisfy the tatter’s share. (Art. 100, FC.)
the fruits as well as the income, if any, of such property. (Art.
92, FC.) Distinguish between conjugal partnership and system
of absolute community.
What are the obligations for which the absolute
community of property is liable?
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ANS: A conjugal partnership and a system of absolute (a) By direct acquisition:
community may be distinguished from each other in the (1) Those obtained from labor, industry, work or profession of
following ways: either or both spouses. (Art. 117[2], FC.)
(1) As to basis: In the conjugal partnership of gains, the (2) The fruits, natural, industrial or civil, due or received
exclusive properties of the spouses are kept entirely separate during marriage from the common property, as well as the net
and distinct from the benefits which they acquired during the fruits from the exclusive property of each spouse. (Art.
marriage. 117[3], FC.)
This system is not primarily based on mutual trust and (3) The shares of either spouse in the hidden treasure which
confidence between spouses and does not enhance the the law awards to the finder or owner of the property where
presumption of solidarity between them, whereas in the the treasure is found. (Art. 117[4], FC.)
system of absolute community all properties acquired by the (4) Those acquired through occupation such as fishing or
spouses even before marriage become community property. hunting. (Art. 117[5], FC.)
The basis is essentially trust and confidence between the (5) Livestock existing upon the dissolution of the partnership
spouses which will, thus, foster unity between them. in excess of the number of each kind brought to the marriage
(2) As to retention o f property: In the conjugal partnership, by either spouse. (Art. 11716], FC.)
each spouse retains his/her properties acquired prior to the (6) Those which are acquired by chance, such as winnings
marriage but the fruits and income of such properties form from gambling or betting. However, losses therefrom shall be
part of the conjugal properties during the marriage, whereas borne exclusively by the loser spouse. (Art. 117[7], and Art.
in the system of absolute community, the spouses do not 123, FC.)
retain any property acquired before marriage and all (b) By substitution:
properties they own at the time of marriage become part of (1) Those acquired by onerous title during the marriage at the
the community property. expense of the common fund, whether the acquisition be for
(3) As to dissolution: In the conjugal partnership, the exclusive the partnership, or for only one of the spouses. (Art. 117[1],
properties of the spouses are returned upon the dissolution of FC.)
the partnership and the spouses or their heirs equally divide (c) By presumption:
only the net profits of the partnership, while in the system of (1) All property acquired during the marriage, whether the
absolute community, there are no exclusive properties of the acquisition appears to have been made, contracted or
spouses to be returned and upon the dissolution of the registered in the name of one or both spouses, is presumed to
community property, the spouses or their heirs equally divide be conjugal unless the contrary is proved. (Art. 116, FC.)
the net remainder of the properties of the absolute In the case of Ching vs. Court of Appeals (G.R. No. 124642,
community. February23,2004), the Court ruled that all properties acquired
(4) As to method of liquidation: In the conjugal partnership, during the marriage are presumed belong to the conjugal
liquidation will entail identification and return of exclusive partnerships, unless it is proved that it pertains exclusively to
properties of the spouses, while in the system of absolute the husband or to the wife. Citing Tan vs. Court of Appeals,
community, it would be easier to liquidate the community the Court held that it is not even necessary to prove that the
property since its net remainder is merely divided equally properties were acquired with funds of the partnership. As
between the spouses or their heirs. long as the properties were acquired by the parties during the
marriage, they are presumed to be conjugal in nature.
When does the regime of conjugal partnership of gains
govern the property relations between the husband When does the conjugal partnership of gains
and wife during the marriage? terminate?
ANS: The regime of conjugal partnership of gains governs the ANS: The conjugal partnership of gains terminates:
property relations between the husband and wife during (1) Upon the death of either spouse;
marriage in the following cases: (2) When there is a decree of legal separation;
(1) Where the future spouses agree in the marriage (3) When the marriage is annulled or declared void; or
settlements that the regime of conjugal partnership of gains (4) In case of judicial separation of property during the
shall govern their property relations during marriage with marriage under Arts. 134 to 138 of the FC. (Art. 126, FC.)
Chapter 4 of the FC having supplementary application.
(2) Where conjugal partnerships of gains were already What is the effect of a separation in fact between
established between spouses before the effectivity of the FC, husband and wife upon the conjugal partnership?
without prejudice to vested rights already acquired in ANS: The separation in fact between husband and wife
accordance with the without judicial approval shall not affect the conjugal
NCC or other laws as provided in Art. 256 of the FC. (Art. 105, partnership, except that:
FC.) (1) The spouse who leaves the conjugal home or refuses to
live therein without just cause, shall not have a right to be
What properties are considered exclusive properties of supported;
each spouse? (2) When the consent of one spouse to any transaction of the
ANS: The following shall be the exclusive property of each other is required by law, judicial authorization shall be
spouse: a. By direct acquisition: obtained in a summary proceeding;
(1) That which is brought to the marriage as his or her own. (3) In the absence of sufficient conjugal partnership property,
(Art. 109[1], FC); and the separate property of both spouses shall be solidarily liable
(2) That which each acquires during the marriage by for the support of the family, The spouse present shall, upon
gratuitous titles. (Art. 109[2], FC.) petition in a summary proceedings, be given judicial authority
b. By substitution: to administer or encumber any specific property of the other
(3) That which is acquired by right of redemption, by barter or spouse and use the fruits or proceeds thereof to satisfy the
by exchange with property belonging to only one of the latter’s share. (Art. 127 FC)
spouses, and (Art. 109[3], FC,)
(4) That which is purchased with exclusive money^ of the wife Can there be a separation of property between the
or of the husband. (Art. 109[4], FC.) spouses during the marriage?
ANS: There can be no separation of property between the
What properties are considered conjugal? spouses during the marriage except by virtue of a judicial
ANS: The following are conjugal partnership property order. (Art 134, FC.) From this, it is clear that the system of
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complete separation of property shall govern the property the spouses will now result to an automatic or instant revival
relations between the spouses only in the following cases: of their previous regime.
(1) When it is expressly provided for in the marriage The spouses may terminate the judicial separation of property
settlements; and in any of the following instances:
(2) When it is so decreed by a competent court. (1) When the civil interdiction terminates;
(3) Mandatory regime of complete separation of property. (2) When the absentee spouse reappears;
(Art. 103, par. 3, FC; Art. 130, par. 3, FC.) (3) When the court, being satisfied that the spouse granted
the power of administration in the marriage settlements will
What are the causes for judicial separation of not again abuse that power, authorizes the resumption of said
property? administration.
ANS: It depends. (4) When the spouse who has left the conjugal home without a
(a) If the judicial separation of property is voluntary, then decree of legal separation resumes common life with the
mere agreement by both spouses will be sufficient. other;
(b) If it is involuntary, any of the following shall be considered (5) When parental authority is judicially restored to the spouse
sufficient cause for judicial separation of property. previously deprived thereof;
(1) That the spouse of the petitioner has been sentenced to a (6) When the spouse who have been separated in fact for at
penalty which carries with it civil interdiction; least one year, reconcile and resume common life; or
(2) That the spouse of the petitioner has been judicially (7) When after voluntary dissolution of the absolute
declared an absentee; community of property or conjugal partnership has been
(3) That loss of parental authority of the spouse of petitioner judicially decreed upon the joint petition of the spouses, they
has been decreed by the court; agree to the revival of the former property regime. No
(4) That the spouse of the petitioner has abandoned the latter voluntary separation of property may thereafter be granted.
or failed to comply with his or her obligations to the family as The revival of the former property regime shall be governed
provided for in Art. 101 of the FC; by Art. 67 of the FC. (Art 141, FC.)
(5) That the spouse granted the power of administration in the
marriage settlements has abused that power; and (a) Under the system of complete separation of
(6) That at the time of the petition, the spouses have been property, what properties are considered separate
separated in fact for at least one year and reconciliation is properties?
highly improbable. What properties are not considered separate
In cases provided in (b) Nos. (1), (2) and (3), the presentation properties?
of the final judgment against the guilty or absent spouse shall (b) Who has the ownership, administration and
be enough basis for the grant of the decree of judicial usufruct of those properties which are considered
separation of property. (Art. 135, FC.) However, in cases separate?
provided in (b) Nos. (4), (5) and (6), proof of the cause for (c) Who shall be liable for family expenses?
judicial separation of property must be presented. ANS: (a) It must be observed that the system of complete
separation of property shall govern the property relations of
What are the causes for judicial separation of the spouses only if there is an agreement to that effect in the
property? marriage settlement or if there is a judicial order in
ANS: It depends. accordance with Art. 135 of the FC. In the case of the former,
(a) If the judicial separation of property is voluntary, then the separation of property may refer to present or future
mere agreement by both spouses will be sufficient. property or both. It may be total or partial.
(b) If it is involuntary, any of the following shall be considered If the spouses merely agreed upon partial separation of
sufficient cause for judicial separation of property. property, those properties not agreed upon as separate shall
(1) That the spouse of the petitioner has been sentenced to a pertain to the absolute community. (Art. 213 of the NCC which
penalty which carries with it civil interdiction; provides that the property not agreed upon as separate shall
(2) That the spouse of the petitioner has been judicially pertain to the conjugal partnership of gains was repealed by
declared an absentee; Art. 144 of the FC.) In the case of judicial separation of
(3) That loss of parental authority of the spouse of petitioner property, although Art. 135 of the FC is silent, there seems to
has been decreed by the court; be an implication that the separation of property is total.
(4) That the spouse of the petitioner has abandoned the latter (b) The ownership, administration and usufruct of those
or failed to comply with his or her obligations to the family as properties which are considered separate pertain to the
provided for in Art. 101 of the FC; spouse to whom they belong. Each spouse shall own, dispose
(5) That the spouse granted the power of administration in the of, possess, administer and enjoy his or her own separate
marriage settlements has abused that power; and estate, without need of the consent of the other. To each
(6) That at the time of the petition, the spouses have been spouse shall belong all earnings from his or her profession,
separated in fact for at least one year and reconciliation is business or industry and all fruits, natural, industrial or civil,
highly improbable. due or received during the marriage from his or her separate
In cases provided in (b) Nos. (1), (2) and (3), the presentation property. (Art. 145, FC,)
of the final judgment against the guilty or absent spouse shall (c) Both spouses shall bear the family expenses in proportion
be enough basis for the grant of the decree of judicial to their* income or in case of insufficiency or default thereof,
separation of property. (Art. 135, FC.) However, in cases to the current market value of their separate properties.
provided in (b) Nos. (4), (5) and (6), proof of the cause for The liability of the spouses to creditors for family expenses
judicial separation of property must be presented. shall, however, be solidary. (Art. 146, FC.)

How and when may the spouses terminate the judicial Under the FC, what are the classes of "unions without
separation of property? What is the effect of such marriage”?
termination? ANS: The 2 classes of “unions without marriage” are:
ANS: The spouses may, in the same proceedings where (1) When a man and a woman who are capacitated to marry
separation of property was decreed, file a motion in court for each other, live exclusively with each other as husband and
a decree reviving the property regime that existed between wife without the benefit of marriage or under a void marriage
them before the separation, for mere reconciliation between (Art. 147, FC.);

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(2) In cases of cohabitation not falling under Art. 147 of the 165, FC.) Children born of void marriages under Arts, 35,37,
FC. (Art. 148, FC.) These cases refer more particularly where a and 38 are considered illegitimate.
man and a woman who are not capacitated to marry each 8. What are the grounds for the impugnation of the
other live exclusively with each other as husband and wife legitimacy of a child?
without the benefit of marriage or under a void marriage. ANS: Legitimacy of a child may be impugned only on the
following grounds:
What requisites or conditions must be shown before (1) That it was physically impossible for the husband to have
Art. 147 of the FC can be applied? sexual intercourse with his wife within the first 120 days of the
ANS: In order that Art. 147 of the FC can be applied, it must 300 days which immediately preceded the birth of the child
be shown: because of:
(1) That there must be a man and a woman who are (a) The physical incapacity of the husband to have sexual
capacitated to marry each other and who are living together intercourse with his wife;
exclusively with each other as husband and wife, but they are (b) The fact that the husband and wife were living- separately
not married, or even if they are married, their marriage is void in such a way that sexual intercourse was not possible; or
from the beginning; (c) Serious illness of the husband, which absolutely prevented
(2) That during the period of their cohabitation, properties sexual intercourse;
should have been acquired by either or both of them through (2) That it is proved that for biological or other reasons, the
their work or industry or their wages and salaries; child would not have been that of the husband, except in the
(3) Because of the development of our case law during the instance provided in the second paragraph of Art. 164 of the
past fifteen years or so, it is submitted that there is a third FC where the child is conceived as a result of artificial
requisite which must be shown — that the relationship insemination; or
between the man and the woman should not be adulterous; (3) That in case of children conceived through artificial
neither should it be bigamous. insemination, the written authorization or ratification of either
parent was obtained through mistake, fraud, violence,
Define paternity and filiation. intimidation or undue influence. (Art, 166, FC.)
ANS: Paternity is the civil status of a father in relation to the
children begotten by him. In its generic sense, it is also used How may the filiation of a legitimate child be
to designate the civil status of a mother in relation to the established or proved?
children begotten by her. Filiation is the civil status of a child ANS: Under Art. 172 of the FC, the filiation of a legitimate child
in relation to its father or mother. may be established by any of the following:
(1) The record of birth appearing in the civil register or a final
What are the different kinds of children under the FC? judgment; or
ANS: Under the FC, children are classified as follows: (2) An admission of legitimate filiation in. a public document
I. Legitimate children (Art. 164, FC.) or a private handwritten instrument and signed by the parent
II. Illegitimate children (Art. 165, FC.) concerned.
III. Legitimated children (Arts. 177-178, FC.) {Note: Under the FC, documents such as a private instrument
IV. Adopted children (Arts. 183-193, FC.) signed by the parent concerned is acceptable to establish the,
(Please note that the further classification of illegitimate child’s filiation and is not limited only to an authentic public
children under the NCC was abolished by the FC and are now document as required by Art. 265 of the NCC,)
all classified as illegitimate children.) In the absence of the foregoing evidence, legitimate filiation
shall be proved by:
What are the kinds of filiation of children under the FC? (1) The open and continuous possession of the status of a
ANS: Under Art. 163 of the FC, the filiation of children may be legitimate child; or
(i) by nature or (ii) by adoption. (2) Any other means allowed by the Rules of Court and special
Natural filiation may be (i) legitimate or (ii) illegitimate. laws. (Art. 172, FC)

What is meant by legitimate children? When may the action to claim legitimacy be brought?
ANS: Children conceived or bom during the marriage of ANS: The action to claim legitimacy may be brought by the
parents are legitimate. Children conceived as a result of child during his or her lifetime (and not the lifetime of the
artificial insemination of the wife with the sperm of the parents) and shall be transmitted to the heirs should the child
husband or that of a donor or both are likewise legitimate die during minority or in a state of insanity. In these cases, the
children of the husband and his wife, provided that both of heirs shall have a period of 5 years within which to institute
them authorized or ratified such insemination in a written the action.
instrument executed and signed by them before the birth of The action already commenced by the child shall survive
the child. The instrument shall be recorded in the civil registry notwithstanding the death of either or both of the parties.
together with the birth certificate of the child. (Art. 164, FC.) (Art. 173, FC.)
Children conceived or born before the judgment of annulment
or absolute nullity of the marriage under Art. 36 of the FC has What are the rights of legitimate children?
become final and executory, shall be considered legitimate. ANS: Legitimate children shall have the right:
Children conceived or bom of the subsequent marriage under (1) To bear the surname of the father and the mother, in
Art. 53 of the FC shall likewise be legitimate. (Art. 54, FC) conformity with the provisions of the NCC on surnames;
Under Art. 53 of the FC, either of the former spouse may (2) To receive support from their parents, their ascendants,
marry again after complying with certain requirements, that and in proper cases, their brothers and sisters, in conformity
is, the recording in the appropriate civil registry and registries with the provisions of the NCC, as amended by the FC, on
of property of the judgment of annulment or of absolute support.
nullity of the marriage, the partition and distribution of the (3) To be entitled to the legitime and other successional rights
properties of the spouses, and the delivery of the children’s granted to them by Art. 174 of the FC.
presumptive legitimes.
Under the law, who are illegitimate children? What are
What is meant by illegitimate children? their rights?
ANS: Children conceived and born outside a valid marriage ANS: The following are illegitimate children:
are illegitimate, unless otherwise provided in the FC. (Art.
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 PFR FINALS REVIEWER
1) Children born of couples who are not legally married, or of (3) The parents must subsequently enter into a valid
common-law marriages; marriage. (Art. 178, FC.)
2) Children born of incestuous marriages;
3) Children born of bigamous marriages; How shall the legitimation take place?
4) Children born of adulterous relations between the parents; ANS: Under Art. 178 of theFC, legitimation shall take place
5) Children born of marriages which are void for reasons of only by a subsequent valid marriage between parents, thus,
public policy under Art. 38; eliminating the condition required in Art. 271 of the NCC
6) Children born of couples below 18, whether they are where only natural children who have been recognized by the
married (which marriage is void) or not; parents before or after the celebration of the marriage, or
7) Children of other void marriages under Art. 35, except have been declared natural children by final judgment, may
where the marriage of the parents is void for lack of authority be considered legitimated by subsequent marriage.
on the part of the solemnizing officer, but the parties or either
of them had believed in good faith that the solemnizing officer Will the annulment of a voidable marriage affect the
had authority, in which case the marriage will be considered legitimation of the child?
valid and the children will be considered legitimate. ANS: The annulment of a voidable marriage shall not affect
The illegitimate children: (i) shall use the surname of the the legitimation. (Art. 178, FC.)
mother; (ii) shall be under the parental authority of the
mother; (iii) shall be entitled to support in conformity with the What rights shall be enjoyed by legitimated children?
FC; and (iv) shall be entitled to a legitime which shall consist ANS: Legitimated children shall enjoy the same rights as
of 1/2 of the legitime of a legitimate child. (Art. 176, FC.) This legitimate children. (Art. 179, FC.)
is the rule regardless of whether the father admits paternity.
The recognition of an illegitimate child by the father would be When shall legitimation take effect?
a ground for ordering the latter to give support to, but not the ANS: The effects of legitimation shall retroact to the time of
custody of the child. The law explicitly confers to the mother the child’s birth. (Art. 180, FCJ
sole parental authority over an illegitimate child; it follows
that only if she defaults can the father assume custody and What is the effect on the legitimation of the child
authority over the minor. (Briones vs. Miguel, G.R. No. should the child die before the celebration of the
156343, October 18, 2004.) marriage?
ANS: The legitimation of the child who died before the
How may illegitimate children establish their celebration of the marriage shall benefit his descendants.
illegitimate filiation should their status be impugned? (Art. 181, FC.)
When must the action to claim illegitimacy be brought?
ANS: Illegitimate children may establish their illegitimate Who may oppose legitimation? Within what time may
filiation in the same way and on the same evidence as the impugnation of the legitimation be made?
legitimate children. (Art. 175,1st sentence, FC.) ANS: Under Art. 182 of the FC, legitimation may be impugned
The action must be brought in the same period specified in only by those who are prejudiced in their rights, within five (5)
Art. 173 of the FC, except when the action is based on the years from the time their cause of action accrues, that is, from
second paragraph of Art. 172 of the same Code, in which case the death of the putative parent.
the action may be brought during the lifetime of the alleged
parent. (Art. 175, FC.) Hence, if the action is based on the Define adoption.
record of birth appearing in the civil register or a final ANS: Adoption may be defined as the juridical act which
judgment or is based on an admission of legitimate filiation in creates between two (2) persons a relationship similar to that
a public document or a private handwritten instrument signed which results from legitimate paternity and filiation, (4
by the parent concerned, the action to claim illegitimacy may Valverde 473, quoted in Prasnick vs. Rep. of the PhiL, 98 PhiL
be brought by the child during his or her lifetime (and not 665.)
during the lifetime of the alleged parent). On the other hand,
if the action is based on the open and continuous possession In the Philippines, what is the nature of adoption
of the status of an illegitimate child, or is based on any other proceedings?
means allowed by the Rules of Court and special laws, the ANS: Adoption proceedings are judicial, not administrative, in
action must be brought during the lifetime of the alleged the Philippines. Said proceedings are more particularly
parent. The intent of the law is to give the alleged parent the prescribed and discussed in Arts. 32-38 of P.D. No. 603, the
chance to affirm or contest the filiation of the child, only provisions of P.D. No. 603 which have not been repealed
by the FC, and Rep. Act No. 8552 (An Act Establishing the
What is meant by legitimated children? Define Rules and Policies on the Domestic Adoption of Filipino
legitimation. Children and for Other Purposes, approved on February 25,
ANS: Legitimated children are children who, because of the 1998).
subsequent marriage of their parents to each other are, by 3. Who may adopt?
legal fiction, considered legitimate. Legitimation is a remedy ANS: Under Sec. 7 of R.A. No. 8552, the following may adopt:
by means of which those who, in fact were not bom in (a) Any Filipino citizen, of legal age, in possession of full civil
wedlock and should therefore be considered illegitimate, are capacity and legal rights, of good moral character, has not
by fiction considered legitimate, it being supposed that they been convicted of any crime involving moral turpitude,
were bom when their parents were already married. (1 emotionally and psychologically capable of caring for children,
Manresa 550J at least 16 years older than the adoptee and who is in a
position to support and care for his/her children in keeping
In order that a child may be legitimated, what with the means of the family. The requirement of 16-year
requisites must occur? difference between the age of the adopter and adoptee may
ANS: In order that a child may be legitimated, the following be waived when the adopter is the biological parent of the
essential requisites must occur: adoptee, or is the spouse of the adoptee’s parent;
(1) The child was conceived and born outside of wedlock; (b) Any alien possessing the same qualifications as
(2) At the time of the conception of the child, the parents were abovestated for Filipino nationals: Provided, That his/her
not disqualified by any impediment to marry each other. (Art. country has diplomatic relations with the Republic of the
177, FC.) Philippines, that he/she has been living in the Philippines for
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 PFR FINALS REVIEWER
at least 3 continuous years prior to the filing of the application ANS: Under Art. 195 of the FC, the following are obliged to
for adoption and maintains such residence until the adoption support each other to the whole extent set forth in the
decree is entered, that he/she has been certified by his/her preceding articles of the said Code and subject to the
diplomatic or consular office or any appropriate government provisions of the succeeding article thereof:
agency that he/she has the legal capacity to adopt in his/her (1) The spouses;
country, and that his/her government allows the adoptee –to (2) Legitimate ascendants and descendants;
enter his/her country as his/her adopted son/daughter; (3) Parents and their legitimate children and the legitimate
Provided, further, That the requirements on residency and and illegitimate children of the latter. (This provision
certification of the alien's qualification to adopt in his/her eliminated the barrier placed by the NCC between the
country may be waived for the following: legitimate and illegitimate ascending or descending line.)
(i) a former Filipino citizen who seeks to adopt a relative (4) Parents and their illegitimate children and the legitimate
within the 4th degree of consanguinity or affinity; or and illegitimate children of the latter. (Please note that
(ii) one who seeks to. adopt the legitimate son/daughter of whereas under par. 5 of Art. 291 of the NCC, spurious children
his/her Filipino spouse; or can claim support only from their illegitimate parents, under
(iii) one who is married to a Filipino citizen and seeks to adopt Art. 196, par. 4 of the FC, these spurious children, who are no
jointly with his/her spouse a relative within the 4 th degree of longer classified as spurious children but as illegitimate
consanguinity or affinity of the Filipino spouse; or children, can claim support not only from their illegitimate
(c) The guardian with respect to the ward after the parents but from their illegitimate grandparents as well.)
termination o f the guardianship and clearance of his/her (5) Legitimate brothers and sisters, whether of the full or half-
financial accountabilities. Husband and wife shall jointly blood. (Art 195, FC.)
adopt, except in the following cases: (i) i f one spouse seeks Brothers and sisters not legitimately related, whether of the
to adopt the legitimate son/daughter of the other; or full or half-blood, are likewise bound to support each other to
(ii) if one spouse seeks to adopt his/her own illegitimate the full extent set forth in Art. 194 of the FC, except only when
son/daughter: Provided, however, That the other spouse has the need for support of the brother or sister, being of age, is
signified his/her consent thereto; or (iii) i f the spouses are due to a cause imputable to the claimant’s fault or
legally separated from each other. negligence. (Art. 196, FC.)
In case husband and wife jointly adopt, or one spouse adopts (Please note further that while spurious brothers and sisters
illegitimate son/daughter of the other, joint parental authority are excluded from supporting each other under Art. 291, par.
shall be exercised by the spouses. 2 of the NCC, the FC recognizes illegitimate children as one
category of children other than the legitimate and the
Who may be adopted? legitimated children. Hence, under Art. 196 of the FC, spurious
ANS: Under Sec. 8 of R.A. No, 8552, the following may be brothers and sisters, now classified as illegitimate brothers
adopted: and sisters, can claim support from each other.)
(a) Any person below 18 years of age who has been
administratively or judicially declared available for adoption*; Define parental authority.
(b) The legitimate son/daughter of one spouse by the other ANS: Parental authority (patria potestas) is defined as the
spouse; mass of rights and obligations which parents have in relation
(c) An illegitimate son/daughter by a qualified adopter to to the persons and property of their children until their
improve his/her status to that of legitimacy; emancipation, and even after this under certain
(d) A person of legal age if, prior to the adoption, said person circumstances. (2 Manresa 8.)
has been consistently considered and treated by the
adopter(s) as his/her own child since minority; What do parental authority and responsibility include
(e) A child whose adoption has been previously rescinded; or under the FC?
(f) A child whose biological or adoptive parent(s) has died: ANS: Art. 209 of the FC provides that pursuant to the natural
Provided, That no proceedings shall be initiated within 6 right and duty of parents over the person and property of their
months from the time of death of said parent(s). unemancipated children, parental authority and responsibility
shall include the caring for and rearing of such children for
In adoption proceedings, whose consent to the civic consciousness and efficiency and the development of
adoption is necessary? their moral, mental and physical character and well-being.
ANS: After being properly counseled and informed of his/her
right to give or withhold his/her approval of the adoption, the Give at least three (3) examples of “compelling
written consent of the following to the adoption is hereby reasons” for taking away from the motheris custody
required: her child under seven (7) years of age. (2006)
(a) The adoptee, if 10 years of age or over; a. The mother is insane (Sempio-Diy, Handbook on the Family
(b) The biological parent(s) of the child, if known, or the legal Code of the Philippines, pp. 296-297);
guardian, or the proper government instrumentality which has b. The mother is sick with a disease that is communicable and
legal custody of the child; might endanger the health and life of the child;
(c) The legitimate and adopted sons/daughters, 10 years of c. The mother has been maltreating the child;
age or over, of the adopter(s) and adoptee, if any; d. The mother is engaged in prostitution;
(d) The illegitimate sons/daughters, 10 years of age or over, of e. The mother is engaged in adulterous relationship;
the adopter if living with said adopter and the latter’s spouse, f. The mother is a drug addict;
if any; and g. The mother is a habitual drunk or an alcoholic;
(e) The spouse, if any, of the person adopting or to be h. The mother is in jail or serving sentence. (Suggested
adopted. (Sec. 9, RA. No. 8552.) Answers to the 2007 Bar Examination Questions, PALS)

Define support. In default of parents or a judicially appointed guardian, the

ANS: Art. 194 of the FC defines support as that which following persons shall exercise substitute parental authority
“comprises everything indispensable for sustenance, dwelling, over the child in the order indicated:
clothing, medical attendance, education and transportation, in (1) The surviving grandparent, as provided in Art. 214 of the
keeping with the financial capacity of the family. FC;
(2) The oldest brother or sister, over 21 years of age, unless
Who are obliged to give support? unfit or disqualified; and
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(3) The child’s actual custodian, over 21 years of age, unless
unfit or disqualified.
Whenever the appointment of a judicial guardian over the
property of the child becomes necessary, the same order of
preference shall be observed. (Art. 216, FC.)

What are the grounds for extinguishment of parental

authority?
ANS: Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon the emancipation of the child. Unless subsequently
revived by a final judgment, parental authority also
terminates:
(4) Upon adoption of the child;
(5) Upon appointment of a general guardian;
(6) Upon judicial declaration of abandonment of the child in a
case filed for the purpose;
(7) Upon final judgment of a competent court divesting the
child concerned of parental authority; or
(8) Upon judicial declaration of absence or incapacity of the
person exercising parental authority. (Arts. 228, 229, FC.)

What are the grounds for the suspension and

deprivation of parental authority?
ANS: The grounds for suspension and deprivation of parental
authority are:
(1) Conviction of the parent or the person exercising the same
of a crime which comes 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, (Art. 230,
FC.)
(2) The court in an action filed for the purpose or in a related
case may also suspend parental authority if the parent or the
person exercising the same:
(i) Treats the child with excessive harshness or cruelty;
(ii) Gives the child corrupting orders, counsel or example;
(iii) Compels the child to beg; or
(iv) Subjects the child or allows him to be subjected to acts of
lasciviousness.

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