REPUBLIC ACT NO. 386 Article 13.

When the laws speak of years, months, days or nights, it

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE shall be understood that years are of three hundred sixty-five days
PHILIPPINES each; months, of thirty days; days, of twenty-four hours; and nights
PRELIMINARY TITLE from sunset to sunrise. If months are designated by their name, they
CHAPTER 1 shall be computed by the number of days which they respectively
Effect and Application of Laws have. In computing a period, the first day shall be excluded, and the
Article 1. This Act shall be known as the "Civil Code of the last day included. (7a)
Philippines." (n)

Article 14. Penal laws and those of public security and safety shall be
Article 2. Laws shall take effect after fifteen days following the obligatory upon all who live or sojourn in the Philippine territory,
completion of their publication in the Official Gazette, unless it is subject to the principles of public international law and to treaty
otherwise provided. This Code shall take effect one year after such stipulations. (8a)
publication. (1a)

Article 15. Laws relating to family rights and duties, or to the status,
Article 3. Ignorance of the law excuses no one from compliance condition and legal capacity of persons are binding upon citizens of
therewith. (2) the Philippines, even though living abroad. (9a)

Article 4. Laws shall have no retroactive effect, unless the contrary is Article 16. Real property as well as personal property is subject to
provided. (3) the law of the country where it is stipulated. However, intestate and
testamentary successions, both with respect to the order of
succession and to the amount of successional rights and to the
Article 5. Acts executed against the provisions of mandatory or
intrinsic validity of testamentary provisions, shall be regulated by
prohibitory laws shall be void, except when the law itself authorizes
the national law of the person whose succession is under
their validity. (4a)
consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found. (10a)
Article 6. Rights may be waived, unless the waiver is contrary to law,
public order, public policy, morals, or good customs, or prejudicial to
Article 17. The forms and solemnities of contracts, wills, and other
a third person with a right recognized by law. (4a)
public instruments shall be governed by the laws of the country in
which they are executed. When the acts referred to are executed
Article 7. Laws are repealed only by subsequent ones, and their
before the diplomatic or consular officials of the Republic of the
violation or non-observance shall not be excused by disuse, or
Philippines in a foreign country, the solemnities established by
custom or practice to the contrary. When the courts declared a law
Philippine laws shall be observed in their execution. Prohibitive laws
to be inconsistent with the Constitution, the former shall be void
concerning persons, their acts or property, and those which have for
and the latter shall govern. Administrative or executive acts, orders
their object public order, public policy and good customs shall not
and regulations shall be valid only when they are not contrary to the
be rendered ineffective by laws or judgments promulgated, or by
laws or the Constitution. (5a)
determinations or conventions agreed upon in a foreign country.
(11a)
Article 8. Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the Philippines.
Article 18. In matters which are governed by the Code of Commerce
(n)
and special laws, their deficiency shall be supplied by the provisions
of this Code. (16a)
Article 9. No judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the laws. (6)
CHAPTER 2
Human Relations (n)
Article 10. In case of doubt in the interpretation or application of Article 19. Every person must, in the exercise of his rights and in the
laws, it is presumed that the lawmaking body intended right and performance of his duties, act with justice, give everyone his due,
justice to prevail. (n) and observe honesty and good faith.
Article 20. Every person who, contrary to law, wilfully or negligently

Article 11. Customs which are contrary to law, public order or public causes damage to another, shall indemnify the latter for the same.

policy shall not be countenanced. (n)

Article 21. Any person who wilfully causes loss or injury to another in

Article 12. A custom must be proved as a fact, according to the rules manner that is contrary to morals, good customs or public policy

of evidence. (n) shall compensate the latter for the damage.

Article 22. Every person who through an act of performance by due to that ground.
another, or any other means, acquires or comes into possession of
something at the expense of the latter without just or legal ground,
Article 30. When a separate civil action is brought to demand civil
shall return the same to him.
liability arising from a criminal offense, and no criminal proceedings
are instituted during the pendency of the civil case, a preponderance
Article 23. Even when an act or event causing damage to another's of evidence shall likewise be sufficient to prove the act complained
property was not due to the fault or negligence of the defendant, of.
the latter shall be liable for indemnity if through the act or event he
was benefited.
Article 31. When the civil action is based on an obligation not arising
from the act or omission complained of as a felony, such civil action
Article 24. In all contractual, property or other relations, when one may proceed independently of the criminal proceedings and
of the parties is at a disadvantage on account of his moral regardless of the result of the latter.
dependence, ignorance, indigence, mental weakness, tender age or
other handicap, the courts must be vigilant for his protection.
Article 32. Any public officer or employee, or any private individual,
who directly or indirectly obstructs, defeats, violates or in any
Article 25. Thoughtless extravagance in expenses for pleasure or manner impedes or impairs any of the following rights and liberties
display during a period of acute public want or emergency may be of another person shall be liable to the latter for damages: (1)
stopped by order of the courts at the instance of any government or Freedom of religion; (2) Freedom of speech; (3) Freedom to write for
private charitable institution. the press or to maintain a periodical publication; (4) Freedom from
arbitrary or illegal detention; (5) Freedom of suffrage; (6) The right
against deprivation of property without due process of law; (7) The
Article 26. Every person shall respect the dignity, personality, privacy
right to a just compensation when private property is taken for
and peace of mind of his neighbors and other persons. The following
public use; (8) The right to the equal protection of the laws; (9) The
and similar acts, though they may not constitute a criminal offense,
right to be secure in one's person, house, papers, and effects against
shall produce a cause of action for damages, prevention and other
unreasonable searches and seizures; (10) The liberty of abode and of
relief:
changing the same; (11) The privacy of communication and
(1) Prying into the privacy of another's residence;
correspondence; (12) The right to become a member of associations
(2) Meddling with or disturbing the private life or family relations of
or societies for purposes not contrary to law; (13) The right to take
another;
part in a peaceable assembly to petition the Government for redress
(3) Intriguing to cause another to be alienated from his friends; (4)
of grievances; (14) The right to be a free from involuntary servitude
Vexing or humiliating another on account of his religious beliefs,
in any form; (15) The right of the accused against excessive bail; (16)
lowly station in life, place of birth, physical defect, or other personal
The right of the accused to be heard by himself and counsel, to be
condition.
informed of the nature and cause of the accusation against him, to
have a speedy and public trial, to meet the witnesses face to face,
Article 27. Any person suffering material or moral loss because a
and to have compulsory process to secure the attendance of witness
public servant or employee refuses or neglects, without just cause,
in his behalf; (17) Freedom from being compelled to be a witness
to perform his official duty may file an action for damages and other
against one's self, or from being forced to confess guilt, or from
relief against the latter, without prejudice to any disciplinary
being induced by a promise of immunity or reward to make such
administrative action that may be taken.
confession, except when the person confessing becomes a State
witness; (18) Freedom from excessive fines, or cruel and unusual
Article 28. Unfair competition in agricultural, commercial or punishment, unless the same is imposed or inflicted in accordance
industrial enterprises or in labor through the use of force, with a statute which has not been judicially declared
intimidation, deceit, machination or any other unjust, oppressive or unconstitutional; and (19) Freedom of access to the courts. In any of
highhanded method shall give rise to a right of action by the person the cases referred to in this article, whether or not the defendant's
who thereby suffers damage. act or omission constitutes a criminal offense, the aggrieved party
has a right to commence an entirely separate and distinct civil action

Article 29. When the accused in a criminal prosecution is acquitted for damages, and for other relief. Such civil action shall proceed

on the ground that his guilt has not been proved beyond reasonable independently of any criminal prosecution (if the latter be

doubt, a civil action for damages for the same act or omission may instituted), and may be proved by a preponderance of evidence. The

be instituted. Such action requires only a preponderance of indemnity shall include moral damages. Exemplary damages may

evidence. Upon motion of the defendant, the court may require the also be adjudicated. The responsibility herein set forth is not

plaintiff to file a bond to answer for damages in case the complaint demandable from a judge unless his act or omission constitutes a

should be found to be malicious. If in a criminal case the judgment violation of the Penal Code or other penal statute.

of acquittal is based upon reasonable doubt, the court shall so

declare. In the absence of any declaration to that effect, it may be
inferred from the text of the decision whether or not the acquittal is
Article 33. In cases of defamation, fraud, and physical injuries a civil Article 39. The following circumstances, among others, modify or
action for damages, entirely separate and distinct from the criminal limit capacity to act: age, insanity, imbecility, the state of being a
action, may be brought by the injured party. Such civil action shall deaf-mute, penalty, prodigality, family relations, alienage, absence,
proceed independently of the criminal prosecution, and shall require insolvency and trusteeship. The consequences of these
only a preponderance of evidence. circumstances are governed in this Code, other codes, the Rules of
Court, and in special laws. Capacity to act is not limited on account
of religious belief or political opinion. A married woman, twenty-one
Article 34. When a member of a city or municipal police force
years of age or over, is qualified for all acts of civil life, except in
refuses or fails to render aid or protection to any person in case of
cases specified by law. (n)
danger to life or property, such peace officer shall be primarily liable
for damages, and the city or municipality shall be subsidiarily
responsible therefor. The civil action herein recognized shall be CHAPTER 2
independent of any criminal proceedings, and a preponderance of Natural Persons
evidence shall suffice to support such action. Article 40. Birth determines personality; but the conceived child
shall be considered born for all purposes that are favorable to it,
provided it be born later with the conditions specified in the
Article 35. When a person, claiming to be injured by a criminal
following article. (29a)
offense, charges another with the same, for which no independent
civil action is granted in this Code or any special law, but the justice
of the peace finds no reasonable grounds to believe that a crime has Article 41. For civil purposes, the foetus is considered born if it is
been committed, or the prosecuting attorney refuses or fails to alive at the time it is completely delivered from the mother's womb.
institute criminal proceedings, the complaint may bring a civil action However, if the foetus had an intra-uterine life of less than seven
for damages against the alleged offender. Such civil action may be months, it is not deemed born if it dies within twenty-four hours
supported by a preponderance of evidence. Upon the defendant's after its complete delivery from the maternal womb. (30a)
motion, the court may require the plaintiff to file a bond to
indemnify the defendant in case the complaint should be found to
Article 42. Civil personality is extinguished by death. The effect of
be malicious. If during the pendency of the civil action, an
death upon the rights and obligations of the deceased is determined
information should be presented by the prosecuting attorney, the
by law, by contract and by will. (32a)
civil action shall be suspended until the termination of the criminal
proceedings.
Article 43. If there is a doubt, as between two or more persons who
are called to succeed each other, as to which of them died first,
Article 36. Pre-judicial questions, which must be decided before any
whoever alleges the death of one prior to the other, shall prove the
criminal prosecution may be instituted or may proceed, shall be
same; in the absence of proof, it is presumed that they died at the
governed by rules of court which the Supreme Court shall
same time and there shall be no transmission of rights from one to
promulgate and which shall not be in conflict with the provisions of
the other. (33)
this Code.

CHAPTER 3
THE FAMILY CODE OF THE PHILIPPINES, As Amended Executive Order
209 & THE CHILD AND YOUTH WELFARE CODE, As Amended Presidential Juridical Persons
Decree No. 603 Article 44. The following are juridical persons:
(1) The State and its political subdivisions;
BOOK I
PERSONS (2) Other corporations, institutions and entities for public interest or
TITLE I
purpose, created by law; their personality begins as soon as they

CIVIL PERSONALITY have been constituted according to law;

(3) Corporations, partnerships and associations for private interest
CHAPTER 1
General Provisions or purpose to which the law grants a juridical personality, separate
Article 37. Juridical capacity, which is the fitness to be the subject of and distinct from that of each shareholder, partner or member.
legal relations, is inherent in every natural person and is lost only (35a)
through death. Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost. (n)
Article 45. Juridical persons mentioned in Nos. 1 and 2 of the
preceding article are governed by the laws creating or recognizing
Article 38. Minority, insanity or imbecility, the state of being a deaf- them. Private corporations are regulated by laws of general
mute, prodigality and civil interdiction are mere restrictions on application on the subject. Partnerships and associations for private
capacity to act, and do not exempt the incapacitated person from interest or purpose are governed by the provisions of this Code
certain obligations, as when the latter arise from his acts or from concerning partnerships. (36 and 37a)
property relations, such as easements. (32a)
Article 46. Juridical persons may acquire and possess property of all (1) Legal capacity of the contracting parties who must be a male and
kinds, as well as incur obligations and bring civil or criminal actions, a female; and
in conformity with the laws and regulations of their organization. (2) Consent freely given in the presence of the solemnizing officer.
(38a) (53a)

Art. 3. The formal requisites of marriage are:

Article 47. Upon the dissolution of corporations, institutions and
(1) Authority of the solemnizing officer;
other entities for public interest or purpose mentioned in No. 2 of
(2) A valid marriage license except in the cases provided for in
article 44, their property and other assets shall be disposed of in
Chapter 2 of this Title; and
pursuance of law or the charter creating them. If nothing has been
(3) A marriage ceremony which takes place with the appearance of
specified on this point, the property and other assets shall be
the contracting parties before the solemnizing officer and their
applied to similar purposes for the benefit of the region, province,
personal declaration that they take each other as husband and wife
city or municipality which during the existence of the institution
in the presence of not less than two witnesses of legal age. (53a,
derived the principal benefits from the same. (39a)
55a)

TITLE II
Art. 4. The absence of any of the essential or formal requisites
CITIZENSHIP AND DOMECILE
shall render the marriage void ab initio, except as stated in Article 35
Article 48. The following are citizens of the Philippines:
(2).A defect in any of the essential requisites shall not affect the
(1) Those who were citizens of the Philippines at the time of the
validity of the marriage but the party or parties responsible for the
adoption of the Constitution of the Philippines;
irregularity shall be civilly, criminally and administratively liable. (n)
(2) Those born in the Philippines of foreign parents who, before the
adoption of said Constitution, had been elected to public office in
Art. 5. Any male or female of the age of eighteen years or
the Philippines;
upwards not under any of the impediments mentioned in Articles 37
(3) Those whose fathers are citizens of the Philippines;
and 38, may contract marriage. (54a)
(4) Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship;
Art. 6. No prescribed form or religious rite for the solemnization
(5) Those who are naturalized in accordance with law. (n)
of the marriage is required. It shall be necessary, however, for the
contracting parties to appear personally before the solemnizing
Article 49. Naturalization and the loss and reacquisition of officer and declare in the presence of not less than two witnesses of
citizenship of the Philippines are governed by special laws. (n) legal age that they take each other as husband and wife. This
Article 50. For the exercise of civil rights and the fulfillment of civil declaration shall be contained in the marriage certificate which shall
obligations, the domicile of natural persons is the place of their be signed by the contracting parties and their witnesses and attested
habitual residence. (40a) by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point

Article 51. When the law creating or recognizing them, or any other of death is unable to sign the marriage certificate, it shall be

provision does not fix the domicile of juridical persons, the same sufficient for one of the witnesses to the marriage to write the name

shall be understood to be the place where their legal representation of said party, which fact shall be attested by the solemnizing officer.

is established or where they exercise their principal functions. (41a) (55a)

EXECUTIVE ORDER NO. 209 July 6, 1987 Art. 7. Marriage may be solemnized by:
Title 1 Chap. 3 Sec. 39 Amended by RA 8533
(1) Any incumbent member of the judiciary within the court's
THE FAMILY CODE OF THE PHILIPPINES
I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers jurisdiction;
vested in me by the Constitution, do hereby order and promulgate the Family
Code of the Philippines, as follows: (2) Any priest, rabbi, imam, or minister of any church or religious
sect duly authorized by his church or religious sect and registered
TITLE I
with the civil registrar general, acting within the limits of the written
MARRIAGE
Chapter 1. authority granted by his church or religious sect and provided that at
Requisites of Marriage least one of the contracting parties belongs to the solemnizing
Art. 1. Marriage is a special contract of permanent union between a officer's church or religious sect;
man and a woman entered into in accordance with law for the (3) Any ship captain or airplane chief only in the case mentioned in
establishment of conjugal and family life. It is the foundation of the Article 31;
family and an inviolable social institution whose nature, (4) Any military commander of a unit to which a chaplain is assigned,
consequences, and incidents are governed by law and not subject to in the absence of the latter, during a military operation, likewise only
stipulation, except that marriage settlements may fix the property in the cases mentioned in Article 32;
relations during the marriage within the limits provided by this (5) Any consul-general, consul or vice-consul in the case provided in
Code. (52a) Article 10. (56a)
Art. 2. No marriage shall be valid, unless these essential
requisites are present:
Article. 8. The marriage shall be solemnized publicly in the chambers required of the person having custody thereof at least fifteen days
of the judge or in open court, in the church, chapel or temple, or in prior to the date of the application, such party may furnish in lieu
the office the consul-general, consul or vice-consul, as the case may thereof his current residence certificate or an instrument drawn up
be, and not elsewhere, except in cases of marriages contracted on and sworn to before the local civil registrar concerned or any public
the point of death or in remote places in accordance with Article 29 official authorized to administer oaths. Such instrument shall contain
of this Code, or where both of the parties request the solemnizing the sworn declaration of two witnesses of lawful age, setting forth
officer in writing in which case the marriage may be solemnized at a the full name, residence and citizenship of such contracting party
house or place designated by them in a sworn statement to that and of his or her parents, if known, and the place and date of birth
effect. (57a) of such party. The nearest of kin of the contracting parties shall be
preferred as witnesses, or, in their default, persons of good
Art. 9. A marriage license shall be issued by the local civil registrar reputation in the province or the locality. lawphi1.net
of the city or municipality where either contracting party habitually The presentation of birth or baptismal certificate shall not be
resides, except in marriages where no license is required in required if the parents of the contracting parties appear personally
accordance with Chapter 2 of this Title (58a) before the local civil registrar concerned and swear to the
correctness of the lawful age of said parties, as stated in the
Art. 10. Marriages between Filipino citizens abroad may be application, or when the local civil registrar shall, by merely looking
solemnized by a consul-general, consul or vice-consul of the at the applicants upon their personally appearing before him, be
Republic of the Philippines. The issuance of the marriage license and convinced that either or both of them have the required age. (60a)
the duties of the local civil registrar and of the solemnizing officer
with regard to the celebration of marriage shall be performed by Art. 13. In case either of the contracting parties has been
said consular official. (75a) previously married, the applicant shall be required to furnish,
instead of the birth or baptismal certificate required in the last
Art. 11. Where a marriage license is required, each of the preceding article, the death certificate of the deceased spouse or
contracting parties shall file separately a sworn application for such the judicial decree of the absolute divorce, or the judicial decree of
license with the proper local civil registrar which shall specify the annulment or declaration of nullity of his or her previous marriage.
following: In case the death certificate cannot be secured, the party shall make
(1) Full name of the contracting party; an affidavit setting forth this circumstance and his or her actual civil
(2) Place of birth; status and the name and date of death of the deceased spouse.
(3) Age and date of birth; (61a)
(4) Civil status
(5) If previously married, how, when and where the previous Art. 14. In case either or both of the contracting parties, not having
marriage was dissolved or annulled; been emancipated by a previous marriage, are between the ages of
(6) Present residence and citizenship; eighteen and twenty-one, they shall, in addition to the requirements
(7) Degree of relationship of the contracting parties; of the preceding articles, exhibit to the local civil registrar, the
(8) Full name, residence and citizenship of the father; consent to their marriage of their father, mother, surviving parent or
(9) Full name, residence and citizenship of the mother; and guardian, or persons having legal charge of them, in the order
(10) Full name, residence and citizenship of the guardian or person mentioned. Such consent shall be manifested in writing by the
having charge, in case the contracting party has neither father nor interested party, who personally appears before the proper local
mother and is under the age of twenty-one years. civil registrar, or in the form of an affidavit made in the presence of
The applicants, their parents or guardians shall not be required to two witnesses and attested before any official authorized by law to
exhibit their residence certificates in any formality in connection administer oaths. The personal manifestation shall be recorded in
with the securing of the marriage license. (59a) both applications for marriage license, and the affidavit, if one is
executed instead, shall be attached to said applications. (61a)
Art. 12. The local civil registrar, upon receiving such application, Art. 15. Any contracting party between the age of twenty-one and
shall require the presentation of the original birth certificates or, in twenty-five shall be obliged to ask their parents or guardian for
default thereof, the baptismal certificates of the contracting parties advice upon the intended marriage. If they do not obtain such
or copies of such documents duly attested by the persons having advice, or if it be unfavorable, the marriage license shall not be
custody of the originals. These certificates or certified copies of the issued till after three months following the completion of the
documents by this Article need not be sworn to and shall be exempt publication of the application therefor. A sworn statement by the
from the documentary stamp tax. The signature and official title of contracting parties to the effect that such advice has been sought,
the person issuing the certificate shall be sufficient proof of its together with the written advice given, if any, shall be attached to
authenticity. lawphi1.net the application for marriage license. Should the parents or guardian
If either of the contracting parties is unable to produce his birth or refuse to give any advice, this fact shall be stated in the sworn
baptismal certificate or a certified copy of either because of the statement. (62a)
destruction or loss of the original or if it is shown by an affidavit of
such party or of any other person that such birth or baptismal Art. 16. In the cases where parental consent or parental advice is
certificate has not yet been received though the same has been needed, the party or parties concerned shall, in addition to the
requirements of the preceding articles, attach a certificate issued by Stateless persons or refugees from other countries shall, in lieu of
a priest, imam or minister authorized to solemnize marriage under the certificate of legal capacity herein required, submit an affidavit
Article 7 of this Code or a marriage counsellor duly accredited by the stating the circumstances showing such capacity to contract
proper government agency to the effect that the contracting parties marriage. (66a)
have undergone marriage counselling. Failure to attach said
certificates of marriage counselling shall suspend the issuance of the Art. 22. The marriage certificate, in which the parties shall declare
marriage license for a period of three months from the completion that they take each other as husband and wife, shall also state:
of the publication of the application. Issuance of the marriage (1) The full name, sex and age of each contracting party;
license within the prohibited period shall subject the issuing officer (2) Their citizenship, religion and habitual residence;
to administrative sanctions but shall not affect the validity of the (3) The date and precise time of the celebration of the marriage;
marriage. (4) That the proper marriage license has been issued according to
Should only one of the contracting parties need parental consent or law, except in marriage provided for in Chapter 2 of this Title;
parental advice, the other party must be present at the counselling (5) That either or both of the contracting parties have secured the
referred to in the preceding paragraph. (n) parental consent in appropriate cases;
(6) That either or both of the contracting parties have complied with
Art. 17. The local civil registrar shall prepare a notice which shall the legal requirement regarding parental advice in appropriate
contain the full names and residences of the applicants for a cases; and
marriage license and other data given in the applications. The notice (7) That the parties have entered into marriage settlement, if any,
shall be posted for ten consecutive days on a bulletin board outside attaching a copy thereof. (67a)
the office of the local civil registrar located in a conspicous place
within the building and accessible to the general public. This notice Art. 23. It shall be the duty of the person solemnizing the marriage
shall request all persons having knowledge of any impediment to the to furnish either of the contracting parties the original of the
marriage to advise the local civil registrar thereof. The marriage marriage certificate referred to in Article 6 and to send the duplicate
license shall be issued after the completion of the period of and triplicate copies of the certificate not later than fifteen days
publication. (63a) after the marriage, to the local civil registrar of the place where the
marriage was solemnized. Proper receipts shall be issued by the
Art. 18. In case of any impediment known to the local civil registrar local civil registrar to the solemnizing officer transmitting copies of
or brought to his attention, he shall note down the particulars the marriage certificate. The solemnizing officer shall retain in his file
thereof and his findings thereon in the application for marriage the quadruplicate copy of the marriage certificate, the copy of the
license, but shall nonetheless issue said license after the completion marriage certificate, the original of the marriage license and, in
of the period of publication, unless ordered otherwise by a proper cases, the affidavit of the contracting party regarding the
competent court at his own instance or that of any interest party. solemnization of the marriage in place other than those mentioned
No filing fee shall be charged for the petition nor a corresponding in Article 8. (68a)
bond required for the issuances of the order. (64a)
Art. 24. It shall be the duty of the local civil registrar to prepare the
Art. 19. The local civil registrar shall require the payment of the documents required by this Title, and to administer oaths to all
fees prescribed by law or regulations before the issuance of the interested parties without any charge in both cases. The documents
marriage license. No other sum shall be collected in the nature of a and affidavits filed in connection with applications for marriage
fee or tax of any kind for the issuance of said license. It shall, licenses shall be exempt from documentary stamp tax. (n)
however, be issued free of charge to indigent parties, that is those Art. 25. The local civil registrar concerned shall enter all
who have no visible means of income or whose income is insufficient applications for marriage licenses filed with him in a registry book
for their subsistence a fact established by their affidavit, or by their strictly in the order in which the same are received. He shall record
oath before the local civil registrar. (65a) in said book the names of the applicants, the date on which the
marriage license was issued, and such other data as may be
Art. 20. The license shall be valid in any part of the Philippines for a necessary. (n)
period of one hundred twenty days from the date of issue, and shall
be deemed automatically cancelled at the expiration of the said Art. 26. All marriages solemnized outside the Philippines, in
period if the contracting parties have not made use of it. The expiry accordance with the laws in force in the country where they were
date shall be stamped in bold characters on the face of every license solemnized, and valid there as such, shall also be valid in this
issued. (65a) country, except those prohibited under Articles 35 (1), (4), (5) and
(6), 3637 and 38. (17a)
Art. 21. When either or both of the contracting parties are citizens Where a marriage between a Filipino citizen and a foreigner is
of a foreign country, it shall be necessary for them before a marriage validly celebrated and a divorce is thereafter validly obtained abroad
license can be obtained, to submit a certificate of legal capacity to by the alien spouse capacitating him or her to remarry, the Filipino
contract marriage, issued by their respective diplomatic or consular spouse shall have capacity to remarry under Philippine law. (As
officials. amended by Executive Order 227)
Chapter 2. (1) Those contracted by any party below eighteen years of age even
Marriages Exempted from License Requirement with the consent of parents or guardians;
Art. 27. In case either or both of the contracting parties are at the (2) Those solemnized by any person not legally authorized to
point of death, the marriage may be solemnized without necessity of perform marriages unless such marriages were contracted with
a marriage license and shall remain valid even if the ailing party either or both parties believing in good faith that the solemnizing
subsequently survives. (72a) officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the
Art. 28. If the residence of either party is so located that there is preceding Chapter;
no means of transportation to enable such party to appear (4) Those bigamous or polygamous marriages not failing under
personally before the local civil registrar, the marriage may be Article 41;
solemnized without necessity of a marriage license. (72a) (5) Those contracted through mistake of one contracting party as to
the identity of the other; and
Art. 29. In the cases provided for in the two preceding articles, the (6) Those subsequent marriages that are void under Article 53.
solemnizing officer shall state in an affidavit executed before the
local civil registrar or any other person legally authorized to Art. 36. A marriage contracted by any party who, at the time of the
administer oaths that the marriage was performed in articulo mortis celebration, was psychologically incapacitated to comply with the
or that the residence of either party, specifying the barrio or essential marital obligations of marriage, shall likewise be void even
barangay, is so located that there is no means of transportation to if such incapacity becomes manifest only after its solemnization. (As
enable such party to appear personally before the local civil registrar amended by Executive Order 227)
and that the officer took the necessary steps to ascertain the ages
and relationship of the contracting parties and the absence of legal Art. 37. Marriages between the following are incestuous and void
impediment to the marriage. (72a) from the beginning, whether relationship between the parties be
legitimate or illegitimate:
Art. 30. The original of the affidavit required in the last preceding (1) Between ascendants and descendants of any degree; and
article, together with the legible copy of the marriage contract, shall (2) Between brothers and sisters, whether of the full or half blood.
be sent by the person solemnizing the marriage to the local civil (81a)
registrar of the municipality where it was performed within the
period of thirty days after the performance of the marriage. (75a) Art. 38. The following marriages shall be void from the beginning
for reasons of public policy:
Art. 31. A marriage in articulo mortis between passengers or crew (1) Between collateral blood relatives whether legitimate or
members may also be solemnized by a ship captain or by an airplane illegitimate, up to the fourth civil degree;
pilot not only while the ship is at sea or the plane is in flight, but also (2) Between step-parents and step-children;
during stopovers at ports of call. (74a) (3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
Art. 32. A military commander of a unit, who is a commissioned (5) Between the surviving spouse of the adopting parent and the
officer, shall likewise have authority to solemnize marriages in adopted child;
articulo mortis between persons within the zone of military (6) Between the surviving spouse of the adopted child and the
operation, whether members of the armed forces or civilians. (74a) adopter;
(7) Between an adopted child and a legitimate child of the adopter;
Art. 33. Marriages among Muslims or among members of the (8) Between adopted children of the same adopter; and
ethnic cultural communities may be performed validly without the (9) Between parties where one, with the intention to marry the
necessity of marriage license, provided they are solemnized in other, killed that other person's spouse, or his or her own spouse.
accordance with their customs, rites or practices. (78a) (82)

Art. 34. No license shall be necessary for the marriage of a man Art. 39. The action or defense for the declaration of absolute
and a woman who have lived together as husband and wife for at nullity shall not prescribe. However, in case of marriage celebrated
least five years and without any legal impediment to marry each before the effectivity of this Code and falling under Article 36, such
other. The contracting parties shall state the foregoing facts in an action or defense shall prescribe in ten years after this Code shall
affidavit before any person authorized by law to administer oaths. taken effect. (As amended by Executive Order 227) (n)
The solemnizing officer shall also state under oath that he
ascertained the qualifications of the contracting parties are found no Art. 40. The absolute nullity of a previous marriage may be
legal impediment to the marriage. (76a) invoked for purposes of remarriage on the basis solely of a final
judgment declaring such previous marriage void. (n).
Chapter 3.
Void and Voidable Marriages Art. 41. A marriage contracted by any person during subsistence of
Art. 35. The following marriages shall be void from the beginning: a previous marriage shall be null and void, unless before the
celebration of the subsequent marriage, the prior spouse had been
absent for four consecutive years and the spouse present has a well- (2) That either party was of unsound mind, unless such party after
founded belief that the absent spouse was already dead. In case of coming to reason, freely cohabited with the other as husband and
disappearance where there is danger of death under the wife;
circumstances set forth in the provisions of Article 391 of the Civil (3) That the consent of either party was obtained by fraud, unless
Code, an absence of only two years shall be sufficient. such party afterwards, with full knowledge of the facts constituting
For the purpose of contracting the subsequent marriage the fraud, freely cohabited with the other as husband and wife;
under the preceding paragraph the spouse present must institute a (4) That the consent of either party was obtained by force,
summary proceeding as provided in this Code for the declaration of intimidation or undue influence, unless the same having
presumptive death of the absentee, without prejudice to the effect disappeared or ceased, such party thereafter freely cohabited with
of reappearance of the absent spouse. (83a) the other as husband and wife;
(5) That either party was physically incapable of consummating the
Art. 42. The subsequent marriage referred to in the preceding marriage with the other, and such incapacity continues and appears
Article shall be automatically terminated by the recording of the to be incurable; or
affidavit of reappearance of the absent spouse, unless there is a (6) That either party was afflicted with a sexually-transmissible
judgment annulling the previous marriage or declaring it void ab disease found to be serious and appears to be incurable. (85a)
initio.
A sworn statement of the fact and circumstances of Art. 46. Any of the following circumstances shall constitute fraud
reappearance shall be recorded in the civil registry of the residence referred to in Number 3 of the preceding Article:
of the parties to the subsequent marriage at the instance of any (1) Non-disclosure of a previous conviction by final judgment of the
interested person, with due notice to the spouses of the subsequent other party of a crime involving moral turpitude;
marriage and without prejudice to the fact of reappearance being (2) Concealment by the wife of the fact that at the time of the
judicially determined in case such fact is disputed. (n) marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless of its
Art. 43. The termination of the subsequent marriage referred to in nature, existing at the time of the marriage; or
the preceding Article shall produce the following effects: (4) Concealment of drug addiction, habitual alcoholism or
(1) The children of the subsequent marriage conceived prior to its homosexuality or lesbianism existing at the time of the marriage.
termination shall be considered legitimate; No other misrepresentation or deceit as to character,
(2) The absolute community of property or the conjugal partnership, health, rank, fortune or chastity shall constitute such fraud as will
as the case may be, shall be dissolved and liquidated, but if either give grounds for action for the annulment of marriage. (86a)
spouse contracted said marriage in bad faith, his or her share of the Art. 47. The action for annulment of marriage must be filed by the
net profits of the community property or conjugal partnership following persons and within the periods indicated herein:
property shall be forfeited in favor of the common children or, if (1) For causes mentioned in number 1 of Article 45 by the party
there are none, the children of the guilty spouse by a previous whose parent or guardian did not give his or her consent, within five
marriage or in default of children, the innocent spouse; years after attaining the age of twenty-one, or by the parent or
(3) Donations by reason of marriage shall remain valid, except that if guardian or person having legal charge of the minor, at any time
the donee contracted the marriage in bad faith, such donations before such party has reached the age of twenty-one;
made to said donee are revoked by operation of law; (2) For causes mentioned in number 2 of Article 45, by the same
(4) The innocent spouse may revoke the designation of the other spouse, who had no knowledge of the other's insanity; or by any
spouse who acted in bad faith as beneficiary in any insurance policy, relative or guardian or person having legal charge of the insane, at
even if such designation be stipulated as irrevocable; and any time before the death of either party, or by the insane spouse
(5) The spouse who contracted the subsequent marriage in bad faith during a lucid interval or after regaining sanity;
shall be disqualified to inherit from the innocent spouse by testate (3) For causes mentioned in number 3 of Articles 45, by the injured
and intestate succession. (n) party, within five years after the discovery of the fraud;
Art. 44. If both spouses of the subsequent marriage acted in bad (4) For causes mentioned in number 4 of Article 45, by the injured
faith, said marriage shall be void ab initio and all donations by party, within five years from the time the force, intimidation or
reason of marriage and testamentary dispositions made by one in undue influence disappeared or ceased;
favor of the other are revoked by operation of law. (n) (5) For causes mentioned in number 5 and 6 of Article 45, by the
injured party, within five years after the marriage. (87a)
Art. 45. A marriage may be annulled for any of the following
causes, existing at the time of the marriage: Art. 48. In all cases of annulment or declaration of absolute nullity
(1) That the party in whose behalf it is sought to have the marriage of marriage, the Court shall order the prosecuting attorney or fiscal
annulled was eighteen years of age or over but below twenty-one, assigned to it to appear on behalf of the State to take steps to
and the marriage was solemnized without the consent of the prevent collusion between the parties and to take care that
parents, guardian or person having substitute parental authority evidence is not fabricated or suppressed.
over the party, in that order, unless after attaining the age of In the cases referred to in the preceding paragraph, no
twenty-one, such party freely cohabited with the other and both judgment shall be based upon a stipulation of facts or confession of
lived together as husband and wife; judgment. (88a)
 LEGAL SEPARATION
Art. 49. During the pendency of the action and in the absence of
adequate provisions in a written agreement between the spouses, Art. 55. A petition for legal separation may be filed on any of the
the Court shall provide for the support of the spouses and the following grounds:
custody and support of their common children. The Court shall give (1) Repeated physical violence or grossly abusive conduct directed
paramount consideration to the moral and material welfare of said against the petitioner, a common child, or a child of the petitioner;
children and their choice of the parent with whom they wish to (2) Physical violence or moral pressure to compel the petitioner to
remain as provided to in Title IX. It shall also provide for appropriate change religious or political affiliation;
visitation rights of the other parent. (n) (3) Attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in prostitution,
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) or connivance in such corruption or inducement;
of Article 43 and by Article 44 shall also apply in the proper cases to (4) Final judgment sentencing the respondent to imprisonment of
marriages which are declared ab initio or annulled by final judgment more than six years, even if pardoned;
under Articles 40 and 45. (5) Drug addiction or habitual alcoholism of the respondent;
The final judgment in such cases shall provide for the (6) Lesbianism or homosexuality of the respondent;
liquidation, partition and distribution of the properties of the (7) Contracting by the respondent of a subsequent bigamous
spouses, the custody and support of the common children, and the marriage, whether in the Philippines or abroad;
delivery of third presumptive legitimes, unless such matters had (8) Sexual infidelity or perversion;
been adjudicated in previous judicial proceedings. (9) Attempt by the respondent against the life of the petitioner; or
All creditors of the spouses as well as of the absolute (10) Abandonment of petitioner by respondent without justifiable
community or the conjugal partnership shall be notified of the cause for more than one year.
proceedings for liquidation. For purposes of this Article, the term "child" shall include a child by
In the partition, the conjugal dwelling and the lot on which nature or by adoption. (9a)
it is situated, shall be adjudicated in accordance with the provisions
of Articles 102 and 129. Art. 56. The petition for legal separation shall be denied on any of
the following grounds:
Art. 51. In said partition, the value of the presumptive legitimes of (1) Where the aggrieved party has condoned the offense or act
all common children, computed as of the date of the final judgment complained of;
of the trial court, shall be delivered in cash, property or sound (2) Where the aggrieved party has consented to the commission of
securities, unless the parties, by mutual agreement judicially the offense or act complained of;
approved, had already provided for such matters. (3) Where there is connivance between the parties in the
The children or their guardian or the trustee of their commission of the offense or act constituting the ground for legal
property may ask for the enforcement of the judgment. separation;
The delivery of the presumptive legitimes herein (4) Where both parties have given ground for legal separation;
prescribed shall in no way prejudice the ultimate successional rights (5) Where there is collusion between the parties to obtain decree of
of the children accruing upon the death of either of both of the legal separation; or
parents; but the value of the properties already received under the (6) Where the action is barred by prescription. (100a)
decree of annulment or absolute nullity shall be considered as
advances on their legitime. (n) Art. 57. An action for legal separation shall be filed within five
years from the time of the occurrence of the cause. (102)
Art. 52. The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the Art. 58. An action for legal separation shall in no case be tried
spouses and the delivery of the children's presumptive legitimes before six months shall have elapsed since the filing of the petition.
shall be recorded in the appropriate civil registry and registries of (103)
property; otherwise, the same shall not affect third persons. (n)
Art. 59. No legal separation may be decreed unless the Court has
Art. 53. Either of the former spouses may marry again after taken steps toward the reconciliation of the spouses and is fully
compliance with the requirements of the immediately preceding satisfied, despite such efforts, that reconciliation is highly
Article; otherwise, the subsequent marriage shall be null and void. improbable. (n)

Art. 54. Children conceived or born before the judgment of Art. 60. No decree of legal separation shall be based upon a
annulment or absolute nullity of the marriage under Article 36 has stipulation of facts or a confession of judgment.
become final and executory shall be considered legitimate. Children In any case, the Court shall order the prosecuting attorney
conceived or born of the subsequent marriage under Article 53 shall or fiscal assigned to it to take steps to prevent collusion between the
likewise be legitimate. parties and to take care that the evidence is not fabricated or
suppressed. (101a)
TITLE II
Art. 61. After the filing of the petition for legal separation, the spouse already effected shall subsist, unless the spouses agree to
spouses shall be entitled to live separately from each other. revive their former property regime.
The court, in the absence of a written agreement between The court's order containing the foregoing shall be
the spouses, shall designate either of them or a third person to recorded in the proper civil registries. (108a)
administer the absolute community or conjugal partnership
property. The administrator appointed by the court shall have the Art. 67. The agreement to revive the former property regime
same powers and duties as those of a guardian under the Rules of referred to in the preceding Article shall be executed under oath and
Court. (104a) shall specify:
(1) The properties to be contributed anew to the restored regime;
Art. 62. During the pendency of the action for legal separation, the (2) Those to be retained as separated properties of each spouse; and
provisions of Article 49 shall likewise apply to the support of the (3) The names of all their known creditors, their addresses and the
spouses and the custody and support of the common children. amounts owing to each.
(105a) The agreement of revival and the motion for its approval
shall be filed with the court in the same proceeding for legal
Art. 63. The decree of legal separation shall have the following separation, with copies of both furnished to the creditors named
effects: therein. After due hearing, the court shall, in its order, take measure
(1) The spouses shall be entitled to live separately from each other, to protect the interest of creditors and such order shall be recorded
but the marriage bonds shall not be severed; in the proper registries of properties.
(2) The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no right The recording of the ordering in the registries of property shall not
to any share of the net profits earned by the absolute community or prejudice any creditor not listed or not notified, unless the debtor-
the conjugal partnership, which shall be forfeited in accordance with spouse has sufficient separate properties to satisfy the creditor's
the provisions of Article 43(2); claim. (195a, 108a)
(3) The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of this TITLE III
Code; and RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
(4) The offending spouse shall be disqualified from inheriting from
the innocent spouse by intestate succession. Moreover, provisions in Art. 68. The husband and wife are obliged to live together, observe
favor of the offending spouse made in the will of the innocent mutual love, respect and fidelity, and render mutual help and
spouse shall be revoked by operation of law. (106a) support. (109a)

Art. 64. After the finality of the decree of legal separation, the Art. 69. The husband and wife shall fix the family domicile. In case
innocent spouse may revoke the donations made by him or by her in of disagreement, the court shall decide.
favor of the offending spouse, as well as the designation of the latter The court may exempt one spouse from living with the
as beneficiary in any insurance policy, even if such designation be other if the latter should live abroad or there are other valid and
stipulated as irrevocable. The revocation of the donations shall be compelling reasons for the exemption. However, such exemption
recorded in the registries of property in the places where the shall not apply if the same is not compatible with the solidarity of
properties are located. Alienations, liens and encumbrances the family. (110a)
registered in good faith before the recording of the complaint for
revocation in the registries of property shall be respected. The Art. 70. The spouses are jointly responsible for the support of the
revocation of or change in the designation of the insurance family. The expenses for such support and other conjugal obligations
beneficiary shall take effect upon written notification thereof to the shall be paid from the community property and, in the absence
insured. thereof, from the income or fruits of their separate properties. In
The action to revoke the donation under this Article must case of insufficiency or absence of said income or fruits, such
be brought within five years from the time the decree of legal obligations shall be satisfied from the separate properties. (111a)
separation become final. (107a)
Art. 71. The management of the household shall be the right and
Art. 65. If the spouses should reconcile, a corresponding joint the duty of both spouses. The expenses for such management shall
manifestation under oath duly signed by them shall be filed with the be paid in accordance with the provisions of Article 70. (115a)
court in the same proceeding for legal separation. (n)
Art. 72. When one of the spouses neglects his or her duties to the
Art. 66. The reconciliation referred to in the preceding Articles conjugal union or commits acts which tend to bring danger, dishonor
shall have the following consequences: or injury to the other or to the family, the aggrieved party may apply
(1) The legal separation proceedings, if still pending, shall thereby be to the court for relief. (116a)
terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside, but the
separation of property and any forfeiture of the share of the guilty
Art. 73. Either spouse may exercise any legitimate profession, This rule shall not apply:
occupation, business or activity without the consent of the other. (1) Where both spouses are aliens;
The latter may object only on valid, serious, and moral grounds. (2) With respect to the extrinsic validity of contracts affecting
In case of disagreement, the court shall decide whether or not: property not situated in the Philippines and executed in the country
(1) The objection is proper, and where the property is located; and
(2) Benefit has occurred to the family prior to the objection or (3) With respect to the extrinsic validity of contracts entered into in
thereafter. If the benefit accrued prior to the objection, the resulting the Philippines but affecting property situated in a foreign country
obligation shall be enforced against the separate property of the whose laws require different formalities for its extrinsic validity.
spouse who has not obtained consent. (124a)
The foregoing provisions shall not prejudice the rights of
creditors who acted in good faith. (117a) Art. 81. Everything stipulated in the settlements or contracts
referred to in the preceding articles in consideration of a future
TITLE IV marriage, including donations between the prospective spouses
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
made therein, shall be rendered void if the marriage does not take
Chapter 1.
General Provisions place. However, stipulations that do not depend upon the
celebration of the marriages shall be valid. (125a)
Art. 74. The property relationship between husband and wife shall
Chapter 2.
be governed in the following order: Donations by Reason of Marriage
(1) By marriage settlements executed before the marriage;
Art. 82. Donations by reason of marriage are those which are
(2) By the provisions of this Code; and
made before its celebration, in consideration of the same, and in
(3) By the local custom. (118)
favor of one or both of the future spouses. (126)

Art. 75. The future spouses may, in the marriage settlements,

Art. 83. These donations are governed by the rules on ordinary
agree upon the regime of absolute community, conjugal partnership
donations established in Title III of Book III of the Civil Code, insofar
of gains, complete separation of property, or any other regime. In
as they are not modified by the following articles. (127a)
the absence of a marriage settlement, or when the regime agreed
upon is void, the system of absolute community of property as
Art. 84. If the future spouses agree upon a regime other than the
established in this Code shall govern. (119a)
absolute community of property, they cannot donate to each other
in their marriage settlements more than one-fifth of their present
Art. 76. In order that any modification in the marriage settlements
property. Any excess shall be considered void.
may be valid, it must be made before the celebration of the
marriage, subject to the provisions of Articles 66, 67, 128, 135 and
Donations of future property shall be governed by the provisions on
136. (121)
testamentary succession and the formalities of wills. (130a)

Art. 77. The marriage settlements and any modification thereof

Art. 85. Donations by reason of marriage of property subject to
shall be in writing, signed by the parties and executed before the
encumbrances shall be valid. In case of foreclosure of the
celebration of the marriage. They shall not prejudice third persons
encumbrance and the property is sold for less than the total amount
unless they are registered in the local civil registry where the
of the obligation secured, the donee shall not be liable for the
marriage contract is recorded as well as in the proper registries of
deficiency. If the property is sold for more than the total amount of
properties. (122a)
said obligation, the donee shall be entitled to the excess. (131a)

Art. 78. A minor who according to law may contract marriage may
Art. 86. A donation by reason of marriage may be revoked by the
also execute his or her marriage settlements, but they shall be valid
donor in the following cases:
only if the persons designated in Article 14 to give consent to the
(1) If the marriage is not celebrated or judicially declared void ab
marriage are made parties to the agreement, subject to the
initio except donations made in the marriage settlements, which
provisions of Title IX of this Code. (120a)
shall be governed by Article 81;
(2) When the marriage takes place without the consent of the
Art. 79. For the validity of any marriage settlement executed by a
parents or guardian, as required by law;
person upon whom a sentence of civil interdiction has been
(3) When the marriage is annulled, and the donee acted in bad faith;
pronounced or who is subject to any other disability, it shall be
(4) Upon legal separation, the donee being the guilty spouse;
indispensable for the guardian appointed by a competent court to
(5) If it is with a resolutory condition and the condition is complied
be made a party thereto. (123a)
with;
(6) When the donee has committed an act of ingratitude as specified
Art. 80. In the absence of a contrary stipulation in a marriage
by the provisions of the Civil Code on donations in general. (132a)
settlement, the property relations of the spouses shall be governed
by Philippine laws, regardless of the place of the celebration of the
marriage and their residence.
Art. 87. Every donation or grant of gratuitous advantage, direct or (1) The support of the spouses, their common children, and
indirect, between the spouses during the marriage shall be void, legitimate children of either spouse; however, the support of
except moderate gifts which the spouses may give each other on the illegitimate children shall be governed by the provisions of this Code
occasion of any family rejoicing. The prohibition shall also apply to on Support;
persons living together as husband and wife without a valid (2) All debts and obligations contracted during the marriage by the
marriage. (133a) designated administrator-spouse for the benefit of the community,
Chapter 3. or by both spouses, or by one spouse with the consent of the other;
System of Absolute Community
(3) Debts and obligations contracted by either spouse without the
Section 1.
General Provisions consent of the other to the extent that the family may have been
benefited;
Art. 88. The absolute community of property between spouses
(4) All taxes, liens, charges and expenses, including major or minor
shall commence at the precise moment that the marriage is
repairs, upon the community property;
celebrated. Any stipulation, express or implied, for the
(5) All taxes and expenses for mere preservation made during
commencement of the community regime at any other time shall be
marriage upon the separate property of either spouse used by the
void. (145a)
family;
(6) Expenses to enable either spouse to commence or complete a
Art. 89. No waiver of rights, shares and effects of the absolute
professional or vocational course, or other activity for self-
community of property during the marriage can be made except in
improvement;
case of judicial separation of property.
(7) Antenuptial debts of either spouse insofar as they have
When the waiver takes place upon a judicial separation of
redounded to the benefit of the family;
property, or after the marriage has been dissolved or annulled, the
(8) The value of what is donated or promised by both spouses in
same shall appear in a public instrument and shall be recorded as
favor of their common legitimate children for the exclusive purpose
provided in Article 77. The creditors of the spouse who made such
of commencing or completing a professional or vocational course or
waiver may petition the court to rescind the waiver to the extent of
other activity for self-improvement;
the amount sufficient to cover the amount of their credits. (146a)
(9) Antenuptial debts of either spouse other than those falling under
paragraph (7) of this Article, the support of illegitimate children of
Art. 90. The provisions on co-ownership shall apply to the absolute
either spouse, and liabilities incurred by either spouse by reason of a
community of property between the spouses in all matters not
crime or a quasi-delict, in case of absence or insufficiency of the
provided for in this Chapter. (n)
exclusive property of the debtor-spouse, the payment of which shall
be considered as advances to be deducted from the share of the
Section 2.
What Constitutes Community Property debtor-spouse upon liquidation of the community; and
(10) Expenses of litigation between the spouses unless the suit is
Art. 91. Unless otherwise provided in this Chapter or in the
found to be groundless.
marriage settlements, the community property shall consist of all
If the community property is insufficient to cover the
the property owned by the spouses at the time of the celebration of
foregoing liabilities, except those falling under paragraph (9), the
the marriage or acquired thereafter. (197a)
spouses shall be solidarily liable for the unpaid balance with their
separate properties. (161a, 162a, 163a, 202a-205a)
Art. 92. The following shall be excluded from the community
property:
Art. 95. Whatever may be lost during the marriage in any game of
(1) Property acquired during the marriage by gratuitous title by
chance, betting, sweepstakes, or any other kind of gambling,
either spouse, and the fruits as well as the income thereof, if any,
whether permitted or prohibited by law, shall be borne by the loser
unless it is expressly provided by the donor, testator or grantor that
and shall not be charged to the community but any winnings
they shall form part of the community property;
therefrom shall form part of the community property. (164a)
(2) Property for personal and exclusive use of either spouse.
However, jewelry shall form part of the community property;
Section 4.
(3) Property acquired before the marriage by either spouse who has Ownership, Administrative, Enjoyment and Disposition of the
Community Property
legitimate descendants by a former marriage, and the fruits as well
as the income, if any, of such property. (201a)
Art. 96. The administration and enjoyment of the community
property shall belong to both spouses jointly. In case of
Art. 93. Property acquired during the marriage is presumed to
disagreement, the husband's decision shall prevail, subject to
belong to the community, unless it is proved that it is one of those
recourse to the court by the wife for proper remedy, which must be
excluded therefrom. (160)
availed of within five years from the date of the contract
implementing such decision.
Section 3.
In the event that one spouse is incapacitated or otherwise
Charges and Obligations of the Absolute Community
unable to participate in the administration of the common
Art. 94. The absolute community of property shall be liable for: properties, the other spouse may assume sole powers of
administration. These powers do not include disposition or
encumbrance without authority of the court or the written consent
of the other spouse. In the absence of such authority or consent, the Section 6. Liquidation of the Absolute Community Assets and
disposition or encumbrance shall be void. However, the transaction Liabilities
shall be construed as a continuing offer on the part of the
consenting spouse and the third person, and may be perfected as a Art. 102. Upon dissolution of the absolute community regime, the
binding contract upon the acceptance by the other spouse or following procedure shall apply:
authorization by the court before the offer is withdrawn by either or (1) An inventory shall be prepared, listing separately all the
both offerors. (206a) properties of the absolute community and the exclusive properties
of each spouse.
Art. 97. Either spouse may dispose by will of his or her interest in (2) The debts and obligations of the absolute community shall be
the community property. (n) paid out of its assets. In case of insufficiency of said assets, the
spouses shall be solidarily liable for the unpaid balance with their
Art. 98. Neither spouse may donate any community property separate properties in accordance with the provisions of the second
without the consent of the other. However, either spouse may, paragraph of Article 94.
without the consent of the other, make moderate donations from (3) Whatever remains of the exclusive properties of the spouses
the community property for charity or on occasions of family shall thereafter be delivered to each of them.
rejoicing or family distress. (n) (4) The net remainder of the properties of the absolute community
shall constitute its net assets, which shall be divided equally
Section 5. between husband and wife, unless a different proportion or division
Dissolution of Absolute Community Regime was agreed upon in the marriage settlements, or unless there has
been a voluntary waiver of such share provided in this Code. For
Art. 99. The absolute community terminates: purpose of computing the net profits subject to forfeiture in
(1) Upon the death of either spouse; accordance with Articles 43, No. (2) and 63, No. (2), the said profits
(2) When there is a decree of legal separation; shall be the increase in value between the market value of the
(3) When the marriage is annulled or declared void; or community property at the time of the celebration of the marriage
(4) In case of judicial separation of property during the marriage and the market value at the time of its dissolution.
under Article 134 to 138. (175a) (5) The presumptive legitimes of the common children shall be
delivered upon partition, in accordance with Article 51.
Art. 100. The separation in fact between husband and wife shall not (6) Unless otherwise agreed upon by the parties, in the partition of
affect the regime of absolute community except that: the properties, the conjugal dwelling and the lot on which it is
(1) The spouse who leaves the conjugal home or refuses to live situated shall be adjudicated to the spouse with whom the majority
therein, without just cause, shall not have the right to be supported; of the common children choose to remain. Children below the age
(2) When the consent of one spouse to any transaction of the other of seven years are deemed to have chosen the mother, unless the
is required by law, judicial authorization shall be obtained in a court has decided otherwise. In case there in no such majority, the
summary proceeding; court shall decide, taking into consideration the best interests of said
(3) In the absence of sufficient community property, the separate children. (n)
property of both spouses shall be solidarily liable for the support of
the family. The spouse present shall, upon proper petition in a Art. 103. Upon the termination of the marriage by death, the
summary proceeding, be given judicial authority to administer or community property shall be liquidated in the same proceeding for
encumber any specific separate property of the other spouse and the settlement of the estate of the deceased.
use the fruits or proceeds thereof to satisfy the latter's share. (178a) If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the community property either
Art. 101. If a spouse without just cause abandons the other or fails judicially or extra-judicially within six months from the death of the
to comply with his or her obligations to the family, the aggrieved deceased spouse. If upon the lapse of the six months period, no
spouse may petition the court for receivership, for judicial liquidation is made, any disposition or encumbrance involving the
separation of property or for authority to be the sole administrator community property of the terminated marriage shall be void.
of the absolute community, subject to such precautionary conditions Should the surviving spouse contract a subsequent
as the court may impose. marriage without compliance with the foregoing requirements, a
The obligations to the family mentioned in the preceding mandatory regime of complete separation of property shall govern
paragraph refer to marital, parental or property relations. the property relations of the subsequent marriage. (n)
A spouse is deemed to have abandoned the other when
her or she has left the conjugal dwelling without intention of Art. 104. Whenever the liquidation of the community properties of
returning. The spouse who has left the conjugal dwelling for a period two or more marriages contracted by the same person before the
of three months or has failed within the same period to give any effectivity of this Code is carried out simultaneously, the respective
information as to his or her whereabouts shall be prima facie capital, fruits and income of each community shall be determined
presumed to have no intention of returning to the conjugal dwelling. upon such proof as may be considered according to the rules of
(178a) evidence. In case of doubt as to which community the existing
properties belong, the same shall be divided between the different consent of the other spouse, and appear alone in court to litigate
communities in proportion to the capital and duration of each. with regard to the same. (n)
(189a)
Art. 112. The alienation of any exclusive property of a spouse
Chapter 4. administered by the other automatically terminates the
Conjugal Partnership of Gains
administration over such property and the proceeds of the
Section 1. alienation shall be turned over to the owner-spouse. (n)
General Provisions

Art. 113. Property donated or left by will to the spouses, jointly and
Art. 105. In case the future spouses agree in the marriage
with designation of determinate shares, shall pertain to the donee-
settlements that the regime of conjugal partnership gains shall
spouses as his or her own exclusive property, and in the absence of
govern their property relations during marriage, the provisions in
designation, share and share alike, without prejudice to the right of
this Chapter shall be of supplementary application.
accretion when proper. (150a)
The provisions of this Chapter shall also apply to conjugal
partnerships of gains already established between spouses before
Art. 114. If the donations are onerous, the amount of the charges
the effectivity of this Code, without prejudice to vested rights
shall be borne by the exclusive property of the donee spouse,
already acquired in accordance with the Civil Code or other laws, as
whenever they have been advanced by the conjugal partnership of
provided in Article 256. (n)
gains. (151a)

Art. 106. Under the regime of conjugal partnership of gains, the

Art. 115. Retirement benefits, pensions, annuities, gratuities,
husband and wife place in a common fund the proceeds, products,
usufructs and similar benefits shall be governed by the rules on
fruits and income from their separate properties and those acquired
gratuitous or onerous acquisitions as may be proper in each case. (n)
by either or both spouses through their efforts or by chance, and,
upon dissolution of the marriage or of the partnership, the net gains
Section 3.
or benefits obtained by either or both spouses shall be divided
Conjugal Partnership Property
equally between them, unless otherwise agreed in the marriage
settlements. (142a) Art. 116. All property acquired during the marriage, whether the
acquisition appears to have been made, contracted or registered in
Art. 107. The rules provided in Articles 88 and 89 shall also apply to the name of one or both spouses, is presumed to be conjugal unless
conjugal partnership of gains. (n) the contrary is proved. (160a)

Art. 108. The conjugal partnership shall be governed by the rules on Art. 117. The following are conjugal partnership properties:
the contract of partnership in all that is not in conflict with what is (1) Those acquired by onerous title during the marriage at the
expressly determined in this Chapter or by the spouses in their expense of the common fund, whether the acquisition be for the
marriage settlements. (147a) partnership, or for only one of the spouses;
(2) Those obtained from the labor, industry, work or profession of
Section 2. either or both of the spouses;
Exclusive Property of Each Spouse
(3) The fruits, natural, industrial, or civil, due or received during the
marriage from the common property, as well as the net fruits from
Art. 109. The following shall be the exclusive property of each
the exclusive property of each spouse;
spouse:
(4) The share of either spouse in the hidden treasure which the law
(1) That which is brought to the marriage as his or her own;
awards to the finder or owner of the property where the treasure is
(2) That which each acquires during the marriage by gratuitous title;
found;
(3) That which is acquired by right of redemption, by barter or by
(5) Those acquired through occupation such as fishing or hunting;
exchange with property belonging to only one of the spouses; and
(6) Livestock existing upon the dissolution of the partnership in
(4) That which is purchased with exclusive money of the wife or of
excess of the number of each kind brought to the marriage by either
the husband. (148a)
spouse; and
(7) Those which are acquired by chance, such as winnings from
Art. 110. The spouses retain the ownership, possession,
gambling or betting. However, losses therefrom shall be borne
administration and enjoyment of their exclusive properties.
exclusively by the loser-spouse. (153a, 154a, 155, 159)
Either spouse may, during the marriage, transfer the
administration of his or her exclusive property to the other by
means of a public instrument, which shall be recorded in the registry
Art. 118. Property bought on installments paid partly from exclusive
of property of the place the property is located. (137a, 168a, 169a)
funds of either or both spouses and partly from conjugal funds
belongs to the buyer or buyers if full ownership was vested before
Art. 111. A spouse of age may mortgage, encumber, alienate or
the marriage and to the conjugal partnership if such ownership was
otherwise dispose of his or her exclusive property, without the
vested during the marriage. In either case, any amount advanced by
the partnership or by either or both spouses shall be reimbursed by If the conjugal partnership is insufficient to cover the
the owner or owners upon liquidation of the partnership. (n) foregoing liabilities, the spouses shall be solidarily liable for the
unpaid balance with their separate properties. (161a)
Art. 119. Whenever an amount or credit payable within a period of
time belongs to one of the spouses, the sums which may be Art. 122. The payment of personal debts contracted by the husband
collected during the marriage in partial payments or by installments or the wife before or during the marriage shall not be charged to the
on the principal shall be the exclusive property of the spouse. conjugal properties partnership except insofar as they redounded to
However, interests falling due during the marriage on the principal the benefit of the family.
shall belong to the conjugal partnership. (156a, 157a) Neither shall the fines and pecuniary indemnities imposed
upon them be charged to the partnership.
Art. 120. The ownership of improvements, whether for utility or However, the payment of personal debts contracted by
adornment, made on the separate property of the spouses at the either spouse before the marriage, that of fines and indemnities
expense of the partnership or through the acts or efforts of either or imposed upon them, as well as the support of illegitimate children of
both spouses shall pertain to the conjugal partnership, or to the either spouse, may be enforced against the partnership assets after
original owner-spouse, subject to the following rules: the responsibilities enumerated in the preceding Article have been
When the cost of the improvement made by the conjugal covered, if the spouse who is bound should have no exclusive
partnership and any resulting increase in value are more than the property or if it should be insufficient; but at the time of the
value of the property at the time of the improvement, the entire liquidation of the partnership, such spouse shall be charged for what
property of one of the spouses shall belong to the conjugal has been paid for the purpose above-mentioned. (163a)
partnership, subject to reimbursement of the value of the property
of the owner-spouse at the time of the improvement; otherwise, Art. 123. Whatever may be lost during the marriage in any game of
said property shall be retained in ownership by the owner-spouse, chance or in betting, sweepstakes, or any other kind of gambling
likewise subject to reimbursement of the cost of the improvement. whether permitted or prohibited by law, shall be borne by the loser
In either case, the ownership of the entire property shall and shall not be charged to the conjugal partnership but any
be vested upon the reimbursement, which shall be made at the time winnings therefrom shall form part of the conjugal partnership
of the liquidation of the conjugal partnership. (158a) property. (164a)

Section 4. Section 5.
Charges Upon and Obligations of the Conjugal Partnership Administration of the Conjugal Partnership Property

Art. 121. The conjugal partnership shall be liable for: Art. 124. The administration and enjoyment of the conjugal
(1) The support of the spouse, their common children, and the partnership shall belong to both spouses jointly. In case of
legitimate children of either spouse; however, the support of disagreement, the husband's decision shall prevail, subject to
illegitimate children shall be governed by the provisions of this Code recourse to the court by the wife for proper remedy, which must be
on Support; availed of within five years from the date of the contract
(2) All debts and obligations contracted during the marriage by the implementing such decision.
designated administrator-spouse for the benefit of the conjugal In the event that one spouse is incapacitated or otherwise
partnership of gains, or by both spouses or by one of them with the unable to participate in the administration of the conjugal
consent of the other; properties, the other spouse may assume sole powers of
(3) Debts and obligations contracted by either spouse without the administration. These powers do not include disposition or
consent of the other to the extent that the family may have encumbrance without authority of the court or the written consent
benefited; of the other spouse. In the absence of such authority or consent, the
(4) All taxes, liens, charges, and expenses, including major or minor disposition or encumbrance shall be void. However, the transaction
repairs upon the conjugal partnership property; shall be construed as a continuing offer on the part of the
(5) All taxes and expenses for mere preservation made during the consenting spouse and the third person, and may be perfected as a
marriage upon the separate property of either spouse; binding contract upon the acceptance by the other spouse or
(6) Expenses to enable either spouse to commence or complete a authorization by the court before the offer is withdrawn by either or
professional, vocational, or other activity for self-improvement; both offerors. (165a)
Art. 125. Neither spouse may donate any conjugal partnership
(7) Antenuptial debts of either spouse insofar as they have property without the consent of the other. However, either spouse
redounded to the benefit of the family; may, without the consent of the other, make moderate donations
(8) The value of what is donated or promised by both spouses in from the conjugal partnership property for charity or on occasions of
favor of their common legitimate children for the exclusive purpose family rejoicing or family distress. (174a)
of commencing or completing a professional or vocational course or
other activity for self-improvement; and Section 6.
Dissolution of Conjugal Partnership Regime
(9) Expenses of litigation between the spouses unless the suit is
found to groundless.
Art. 126. The conjugal partnership terminates:
(1) Upon the death of either spouse; (5) Whatever remains of the exclusive properties of the spouses
(2) When there is a decree of legal separation; shall thereafter be delivered to each of them.
(3) When the marriage is annulled or declared void; or (6) Unless the owner had been indemnified from whatever source,
(4) In case of judicial separation of property during the marriage the loss or deterioration of movables used for the benefit of the
under Articles 134 to 138 (175a) family, belonging to either spouse, even due to fortuitous event,
shall be paid to said spouse from the conjugal funds, if any.
Art. 127. The separation in fact between husband and wife shall not (7) The net remainder of the conjugal partnership properties shall
affect the regime of conjugal partnership, except that: constitute the profits, which shall be divided equally between
(1) The spouse who leaves the conjugal home or refuses to live husband and wife, unless a different proportion or division was
therein, without just cause, shall not have the right to be supported; agreed upon in the marriage settlements or unless there has been a
(2) When the consent of one spouse to any transaction of the other voluntary waiver or forfeiture of such share as provided in this Code.
is required by law, judicial authorization shall be obtained in a (8) The presumptive legitimes of the common children shall be
summary proceeding; delivered upon the partition in accordance with Article 51.
(3) In the absence of sufficient conjugal partnership property, the (9) In the partition of the properties, the conjugal dwelling and the
separate property of both spouses shall be solidarily liable for the lot on which it is situated shall, unless otherwise agreed upon by the
support of the family. The spouse present shall, upon petition in a parties, be adjudicated to the spouse with whom the majority of the
summary proceeding, be given judicial authority to administer or common children choose to remain. Children below the age of seven
encumber any specific separate property of the other spouse and years are deemed to have chosen the mother, unless the court has
use the fruits or proceeds thereof to satisfy the latter's share. (178a) decided otherwise. In case there is no such majority, the court shall
decide, taking into consideration the best interests of said children.
Art. 128. If a spouse without just cause abandons the other or fails (181a, 182a, 183a, 184a, 185a)
to comply with his or her obligation to the family, the aggrieved
spouse may petition the court for receivership, for judicial Art. 130. Upon the termination of the marriage by death, the
separation of property, or for authority to be the sole administrator conjugal partnership property shall be liquidated in the same
of the conjugal partnership property, subject to such precautionary proceeding for the settlement of the estate of the deceased.
conditions as the court may impose. If no judicial settlement proceeding is instituted, the
The obligations to the family mentioned in the preceding surviving spouse shall liquidate the conjugal partnership property
paragraph refer to marital, parental or property relations. either judicially or extra-judicially within six months from the death
A spouse is deemed to have abandoned the other when he of the deceased spouse. If upon the lapse of the six-month period no
or she has left the conjugal dwelling without intention of returning. liquidation is made, any disposition or encumbrance involving the
The spouse who has left the conjugal dwelling for a period of three conjugal partnership property of the terminated marriage shall be
months or has failed within the same period to give any information void.
as to his or her whereabouts shall be prima facie presumed to have Should the surviving spouse contract a subsequent
no intention of returning to the conjugal dwelling. (167a, 191a) marriage without compliance with the foregoing requirements, a
mandatory regime of complete separation of property shall govern
Section 7. the property relations of the subsequent marriage. (n)
Liquidation of the Conjugal Partnership Assets and Liabilities

Art. 131. Whenever the liquidation of the conjugal partnership

Art. 129. Upon the dissolution of the conjugal partnership regime,
properties of two or more marriages contracted by the same person
the following procedure shall apply:
before the effectivity of this Code is carried out simultaneously, the
(1) An inventory shall be prepared, listing separately all the
respective capital, fruits and income of each partnership shall be
properties of the conjugal partnership and the exclusive properties
determined upon such proof as may be considered according to the
of each spouse.
rules of evidence. In case of doubt as to which partnership the
existing properties belong, the same shall be divided between the
(2) Amounts advanced by the conjugal partnership in payment of
different partnerships in proportion to the capital and duration of
personal debts and obligations of either spouse shall be credited to
each. (189a)
the conjugal partnership as an asset thereof.
(3) Each spouse shall be reimbursed for the use of his or her
Art. 132. The Rules of Court on the administration of estates of
exclusive funds in the acquisition of property or for the value of his
deceased persons shall be observed in the appraisal and sale of
or her exclusive property, the ownership of which has been vested
property of the conjugal partnership, and other matters which are
by law in the conjugal partnership.
not expressly determined in this Chapter. (187a)
(4) The debts and obligations of the conjugal partnership shall be
paid out of the conjugal assets. In case of insufficiency of said assets,
Art. 133. From the common mass of property support shall be given
the spouses shall be solidarily liable for the unpaid balance with
to the surviving spouse and to the children during the liquidation of
their separate properties, in accordance with the provisions of
the inventoried property and until what belongs to them is
paragraph (2) of Article 121.
delivered; but from this shall be deducted that amount received for
support which exceeds the fruits or rents pertaining to them. (188a)
Chapter 5. Art. 141. The spouses may, in the same proceedings where
Separation of Property of the Spouses and Administration of
separation of property was decreed, file a motion in court for a
Common Property by One Spouse During the Marriage
decree reviving the property regime that existed between them
Art. 134. In the absence of an express declaration in the marriage before the separation of property in any of the following instances:
settlements, the separation of property between spouses during the (1) When the civil interdiction terminates;
marriage shall not take place except by judicial order. Such judicial (2) When the absentee spouse reappears;
separation of property may either be voluntary or for sufficient (3) When the court, being satisfied that the spouse granted the
cause. (190a) power of administration in the marriage settlements will not again
abuse that power, authorizes the resumption of said administration;
Art. 135. Any of the following shall be considered sufficient cause (4) When the spouse who has left the conjugal home without a
for judicial separation of property: decree of legal separation resumes common life with the other;
(1) That the spouse of the petitioner has been sentenced to a (5) When parental authority is judicially restored to the spouse
penalty which carries with it civil interdiction; previously deprived thereof;
(2) That the spouse of the petitioner has been judicially declared an (6) When the spouses who have separated in fact for at least one
absentee; year, reconcile and resume common life; or
(3) That loss of parental authority of the spouse of petitioner has (7) When after voluntary dissolution of the absolute community of
been decreed by the court; property or conjugal partnership has been judicially decreed upon
(4) That the spouse of the petitioner has abandoned the latter or the joint petition of the spouses, they agree to the revival of the
failed to comply with his or her obligations to the family as provided former property regime. No voluntary separation of property may
for in Article 101; thereafter be granted.
(5) That the spouse granted the power of administration in the The revival of the former property regime shall be
marriage settlements has abused that power; and governed by Article 67. (195a)
(6) That at the time of the petition, the spouses have been separated
in fact for at least one year and reconciliation is highly improbable. Art. 142. The administration of all classes of exclusive property of
In the cases provided for in Numbers (1), (2) and (3), the either spouse may be transferred by the court to the other spouse:
presentation of the final judgment against the guilty or absent (1) When one spouse becomes the guardian of the other;
spouse shall be enough basis for the grant of the decree of judicial (2) When one spouse is judicially declared an absentee;
separation of property. (191a) (3) When one spouse is sentenced to a penalty which carries with it
civil interdiction; or
Art. 136. The spouses may jointly file a verified petition with the (4) When one spouse becomes a fugitive from justice or is in hiding
court for the voluntary dissolution of the absolute community or the as an accused in a criminal case.
conjugal partnership of gains, and for the separation of their If the other spouse is not qualified by reason of
common properties. incompetence, conflict of interest, or any other just cause, the court
All creditors of the absolute community or of the conjugal shall appoint a suitable person to be the administrator. (n)
partnership of gains, as well as the personal creditors of the spouse,
shall be listed in the petition and notified of the filing thereof. The Chapter 6.
Regime of Separation of Property
court shall take measures to protect the creditors and other persons
with pecuniary interest. (191a)
Art. 143. Should the future spouses agree in the marriage
settlements that their property relations during marriage shall be
Art. 137. Once the separation of property has been decreed, the
governed by the regime of separation of property, the provisions of
absolute community or the conjugal partnership of gains shall be
this Chapter shall be suppletory. (212a)
liquidated in conformity with this Code.
During the pendency of the proceedings for separation of
Art. 144. Separation of property may refer to present or future
property, the absolute community or the conjugal partnership shall
property or both. It may be total or partial. In the latter case, the
pay for the support of the spouses and their children. (192a)
property not agreed upon as separate shall pertain to the absolute
community. (213a)
Art. 138. After dissolution of the absolute community or of the
conjugal partnership, the provisions on complete separation of
Art. 145. Each spouse shall own, dispose of, possess, administer and
property shall apply. (191a)
enjoy his or her own separate estate, without need of the consent of
the other. To each spouse shall belong all earnings from his or her
Art. 139. The petition for separation of property and the final
profession, business or industry and all fruits, natural, industrial or
judgment granting the same shall be recorded in the proper local
civil, due or received during the marriage from his or her separate
civil registries and registries of property. (193a)
property. (214a)

Art. 140. The separation of property shall not prejudice the rights
previously acquired by creditors. (194a)
Art. 146. Both spouses shall bear the family expenses in proportion Art. 149. The family, being the foundation of the nation, is a basic
to their income, or, in case of insufficiency or default thereof, to the social institution which public policy cherishes and protects.
current market value of their separate properties. Consequently, family relations are governed by law and no custom,
The liabilities of the spouses to creditors for family practice or agreement destructive of the family shall be recognized
expenses shall, however, be solidary. (215a) or given effect. (216a, 218a)

Chapter 7.
Art. 50. Family relations include those:
Property Regime of Unions Without Marriage
(1) Between husband and wife;
Art. 147. When a man and a woman who are capacitated to marry (2) Between parents and children;
each other, live exclusively with each other as husband and wife (3) Among brothers and sisters, whether of the full or halfblood.
without the benefit of marriage or under a void marriage, their (217a)
wages and salaries shall be owned by them in equal shares and the
property acquired by both of them through their work or industry Art. 151. No suit between members of the same family shall prosper
shall be governed by the rules on co-ownership. unless it should appear from the verified complaint or petition that
In the absence of proof to the contrary, properties earnest efforts toward a compromise have been made, but that the
acquired while they lived together shall be presumed to have been same have failed. If it is shown that no such efforts were in fact
obtained by their joint efforts, work or industry, and shall be owned made, the same case must be dismissed.
by them in equal shares. For purposes of this Article, a party who did This rules shall not apply to cases which may not be the
not participate in the acquisition by the other party of any property subject of compromise under the Civil Code. (222a)
shall be deemed to have contributed jointly in the acquisition
thereof if the former's efforts consisted in the care and maintenance Chapter 2.
The Family Home
of the family and of the household.
Neither party can encumber or dispose by acts inter vivos
Art. 152. The family home, constituted jointly by the husband and
of his or her share in the property acquired during cohabitation and
the wife or by an unmarried head of a family, is the dwelling house
owned in common, without the consent of the other, until after the
where they and their family reside, and the land on which it is
termination of their cohabitation.
situated. (223a)
When only one of the parties to a void marriage is in good
faith, the share of the party in bad faith in the co-ownership shall be
Art. 153. The family home is deemed constituted on a house and lot
forfeited in favor of their common children. In case of default of or
from the time it is occupied as a family residence. From the time of
waiver by any or all of the common children or their descendants,
its constitution and so long as any of its beneficiaries actually resides
each vacant share shall belong to the respective surviving
therein, the family home continues to be such and is exempt from
descendants. In the absence of descendants, such share shall belong
execution, forced sale or attachment except as hereinafter provided
to the innocent party. In all cases, the forfeiture shall take place
and to the extent of the value allowed by law. (223a)
upon termination of the cohabitation. (144a)
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person who is the head
Art. 148. In cases of cohabitation not falling under the preceding
of a family; and
Article, only the properties acquired by both of the parties through
(2) Their parents, ascendants, descendants, brothers and sisters,
their actual joint contribution of money, property, or industry shall
whether the relationship be legitimate or illegitimate, who are living
be owned by them in common in proportion to their respective
in the family home and who depend upon the head of the family for
contributions. In the absence of proof to the contrary, their
legal support. (226a)
contributions and corresponding shares are presumed to be equal.
The same rule and presumption shall apply to joint deposits of
Art. 155. The family home shall be exempt from execution, forced
money and evidences of credit.
sale or attachment except:
If one of the parties is validly married to another, his or her
(1) For nonpayment of taxes;
share in the co-ownership shall accrue to the absolute community or
(2) For debts incurred prior to the constitution of the family home;
conjugal partnership existing in such valid marriage. If the party who
(3) For debts secured by mortgages on the premises before or after
acted in bad faith is not validly married to another, his or her shall
such constitution; and
be forfeited in the manner provided in the last paragraph of the
(4) For debts due to laborers, mechanics, architects, builders,
preceding Article.
materialmen and others who have rendered service or furnished
The foregoing rules on forfeiture shall likewise apply even
material for the construction of the building. (243a)
if both parties are in both faith. (144a)

Art. 156. The family home must be part of the properties of the
TITLE V
absolute community or the conjugal partnership, or of the exclusive
THE FAMILY
properties of either spouse with the latter's consent. It may also be
Chapter 1.
constituted by an unmarried head of a family on his or her own
The Family as an Institution
property.
 Nevertheless, property that is the subject of a conditional PATERNITY AND FILIATION
Chapter 1.
sale on installments where ownership is reserved by the vendor only
Legitimate Children
to guarantee payment of the purchase price may be constituted as a
family home. (227a, 228a) Art. 163. The filiation of children may be by nature or by adoption.
Natural filiation may be legitimate or illegitimate. (n)
Art. 157. The actual value of the family home shall not exceed, at the
time of its constitution, the amount of the three hundred thousand Art. 164. Children conceived or born during the marriage of the
pesos in urban areas, and two hundred thousand pesos in rural parents are legitimate.
areas, or such amounts as may hereafter be fixed by law. Children conceived as a result of artificial insemination of
In any event, if the value of the currency changes after the the wife with the sperm of the husband or that of a donor or both
adoption of this Code, the value most favorable for the constitution are likewise legitimate children of the husband and his wife,
of a family home shall be the basis of evaluation. provided, that both of them authorized or ratified such insemination
For purposes of this Article, urban areas are deemed to in a written instrument executed and signed by them before the
include chartered cities and municipalities whose annual income at birth of the child. The instrument shall be recorded in the civil
least equals that legally required for chartered cities. All others are registry together with the birth certificate of the child. (55a, 258a)
deemed to be rural areas. (231a)
Art. 165. Children conceived and born outside a valid marriage are
Art. 158. The family home may be sold, alienated, donated, assigned illegitimate, unless otherwise provided in this Code. (n)
or encumbered by the owner or owners thereof with the written
consent of the person constituting the same, the latter's spouse, and Art. 166. Legitimacy of a child may be impugned only on the
a majority of the beneficiaries of legal age. In case of conflict, the following grounds:
court shall decide. (235a) (1)That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
Art. 159. The family home shall continue despite the death of one or which immediately preceded the birth of the child because of:
both spouses or of the unmarried head of the family for a period of (a) the physical incapacity of the husband to have sexual
intercourse with his wife;
ten years or for as long as there is a minor beneficiary, and the heirs
(b) the fact that the husband and wife were living separately
cannot partition the same unless the court finds compelling reasons in such a way that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented
therefor. This rule shall apply regardless of whoever owns the
sexual intercourse;
property or constituted the family home. (238a) (2) That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the
Art. 160. When a creditor whose claims is not among those instance provided in the second paragraph of Article 164; or
mentioned in Article 155 obtains a judgment in his favor, and he has (3) That in case of children conceived through artificial insemination,
reasonable grounds to believe that the family home is actually worth the written authorization or ratification of either parent was
more than the maximum amount fixed in Article 157, he may apply obtained through mistake, fraud, violence, intimidation, or undue
to the court which rendered the judgment for an order directing the influence. (255a)
sale of the property under execution. The court shall so order if it
finds that the actual value of the family home exceeds the maximum Art. 167. The child shall be considered legitimate although the
amount allowed by law as of the time of its constitution. If the mother may have declared against its legitimacy or may have been
increased actual value exceeds the maximum allowed in Article 157 sentenced as an adulteress. (256a)
and results from subsequent voluntary improvements introduced by
the person or persons constituting the family home, by the owner or Art. 168. If the marriage is terminated and the mother contracted
owners of the property, or by any of the beneficiaries, the same rule another marriage within three hundred days after such termination
and procedure shall apply. of the former marriage, these rules shall govern in the absence of
At the execution sale, no bid below the value allowed for a proof to the contrary:
family home shall be considered. The proceeds shall be applied first (1) A child born before one hundred eighty days after the
to the amount mentioned in Article 157, and then to the liabilities solemnization of the subsequent marriage is considered to have
under the judgment and the costs. The excess, if any, shall be been conceived during the former marriage, provided it be born
delivered to the judgment debtor. (247a, 248a) within three hundred days after the termination of the former
marriage;
Art. 161. For purposes of availing of the benefits of a family home as (2) A child born after one hundred eighty days following the
provided for in this Chapter, a person may constitute, or be the celebration of the subsequent marriage is considered to have been
beneficiary of, only one family home. (n) conceived during such marriage, even though it be born within the
three hundred days after the termination of the former marriage.
Art. 162. The provisions in this Chapter shall also govern existing (259a)
family residences insofar as said provisions are applicable. (n)

TITLE VI
Art. 169. The legitimacy or illegitimacy of a child born after three (3) To be entitled to the legitimate and other successional rights
hundred days following the termination of the marriage shall be granted to them by the Civil Code. (264a)
proved by whoever alleges such legitimacy or illegitimacy. (261a)
Chapter 3.
Illegitimate Children
Art. 170. The action to impugn the legitimacy of the child shall be
brought within one year from the knowledge of the birth or its
Art. 175. Illegitimate children may establish their illegitimate filiation
recording in the civil register, if the husband or, in a proper case, any
in the same way and on the same evidence as legitimate children.
of his heirs, should reside in the city or municipality where the birth
The action must be brought within the same period
took place or was recorded.
specified in Article 173, except when the action is based on the
If the husband or, in his default, all of his heirs do not
second paragraph of Article 172, in which case the action may be
reside at the place of birth as defined in the first paragraph or where
brought during the lifetime of the alleged parent. (289a)
it was recorded, the period shall be two years if they should reside in
the Philippines; and three years if abroad. If the birth of the child has
Art. 176. Illegitimate children shall use the surname and shall be
been concealed from or was unknown to the husband or his heirs,
under the parental authority of their mother, and shall be entitled to
the period shall be counted from the discovery or knowledge of the
support in conformity with this Code. The legitime of each
birth of the child or of the fact of registration of said birth,
illegitimate child shall consist of one-half of the legitime of a
whichever is earlier. (263a)
legitimate child. Except for this modification, all other provisions in
the Civil Code governing successional rights shall remain in force.
Art. 171. The heirs of the husband may impugn the filiation of the
(287a)
child within the period prescribed in the preceding article only in the
following cases: Chapter 4.
Legitimated Children
(1) If the husband should died before the expiration of the period
fixed for bringing his action;
Art. 177. Only children conceived and born outside of wedlock of
(2) If he should die after the filing of the complaint without having
parents who, at the time of the conception of the former, were not
desisted therefrom; or
disqualified by any impediment to marry each other may be
(3) If the child was born after the death of the husband. (262a)
legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid

Chapter 2.
marriage between parents. The annulment of a viodable marriage
Proof of Filiation
shall not affect the legitimation. (270a)
Art. 172. The filiation of legitimate children is established by any of
the following: Art. 179. Legitimated children shall enjoy the same rights as
(1) The record of birth appearing in the civil register or a final legitimate children. (272a)
judgment; or
(2) An admission of legitimate filiation in a public document or a Art. 180. The effects of legitimation shall retroact to the time of the
private handwritten instrument and signed by the parent concerned. child's birth. (273a)
In the absence of the foregoing evidence, the legitimate
filiation shall be proved by: Art. 181. The legitimation of children who died before the
(1) The open and continuous possession of the status of a legitimate celebration of the marriage shall benefit their descendants. (274)
child; or
(2) Any other means allowed by the Rules of Court and special laws. Art. 182. Legitimation may be impugned only by those who are
(265a, 266a, 267a) prejudiced in their rights, within five years from the time their cause
of action accrues. (275a)
Art. 173. The action to claim legitimacy may be brought by the child
during his or her lifetime and shall be transmitted to the heirs should TITLE VII
ADOPTION
the child die during minority or in a state of insanity. In these cases,
the heirs shall have a period of five years within which to institute
Art. 183. A person of age and in possession of full civil capacity and
the action.
legal rights may adopt, provided he is in a position to support and
care for his children, legitimate or illegitimate, in keeping with the
Art. 174. Legitimate children shall have the right:
means of the family.
(1) To bear the surnames of the father and the mother, in
Only minors may be adopted, except in the cases when the
conformity with the provisions of the Civil Code on Surnames;
adoption of a person of majority age is allowed in this Title.
(2) To receive support from their parents, their ascendants, and in
In addition, the adopter must be at least sixteen years
proper cases, their brothers and sisters, in conformity with the
older than the person to be adopted, unless the adopter is the
provisions of this Code on Support; and
parent by nature of the adopted, or is the spouse of the legitimate
parent of the person to be adopted. (27a, EO 91 and PD 603)
 child, including the right of the adopted to use the surname of the
Art. 184. The following persons may not adopt: adopters;
(1) The guardian with respect to the ward prior to the approval of (2) The parental authority of the parents by nature over the adopted
the final accounts rendered upon the termination of their shall terminate and be vested in the adopters, except that if the
guardianship relation; adopter is the spouse of the parent by nature of the adopted,
(2) Any person who has been convicted of a crime involving moral parental authority over the adopted shall be exercised jointly by
turpitude; both spouses; and
(3) An alien, except: (3) The adopted shall remain an intestate heir of his parents and
(a) A former Filipino citizen who seeks to adopt a relative other blood relatives. (39(1)a, (3)a, PD 603)
by consanguinity;
(b) One who seeks to adopt the legitimate child of his or Art. 190. Legal or intestate succession to the estate of the adopted
her Filipino spouse; or shall be governed by the following rules:
(c) One who is married to a Filipino citizen and seeks to (1) Legitimate and illegitimate children and descendants and the
adopt jointly with his or her spouse a relative by surviving spouse of the adopted shall inherit from the adopted, in
consanguinity of the latter. accordance with the ordinary rules of legal or intestate succession;
Aliens not included in the foregoing exceptions may adopt (2) When the parents, legitimate or illegitimate, or the legitimate
Filipino children in accordance with the rules on inter-country ascendants of the adopted concur with the adopter, they shall divide
adoptions as may be provided by law. (28a, EO 91 and PD 603) the entire estate, one-half to be inherited by the parents or
ascendants and the other half, by the adopters;
Art. 185. Husband and wife must jointly adopt, except in the (3) When the surviving spouse or the illegitimate children of the
following cases: adopted concur with the adopters, they shall divide the entire estate
(1) When one spouse seeks to adopt his own illegitimate child; or in equal shares, one-half to be inherited by the spouse or the
(2) When one spouse seeks to adopt the legitimate child of the illegitimate children of the adopted and the other half, by the
other. (29a, EO 91 and PD 603) adopters.
(4) When the adopters concur with the illegitimate children and the
Art. 186. In case husband and wife jointly adopt or one spouse surviving spouse of the adopted, they shall divide the entire estate
adopts the legitimate child of the other, joint parental authority shall in equal shares, one-third to be inherited by the illegitimate
be exercised by the spouses in accordance with this Code. (29a, EO children, one-third by the surviving spouse, and one-third by the
and PD 603) adopters;
(5) When only the adopters survive, they shall inherit the entire
Art. 187. The following may not be adopted: estate; and
(1) A person of legal age, unless he or she is a child by nature of the (6) When only collateral blood relatives of the adopted survive, then
adopter or his or her spouse, or, prior to the adoption, said person the ordinary rules of legal or intestate succession shall apply.
has been consistently considered and treated by the adopter as his (39(4)a, PD 603)
or her own child during minority.
(2) An alien with whose government the Republic of the Philippines Art. 191. If the adopted is a minor or otherwise incapacitated, the
has no diplomatic relations; and adoption may be judicially rescinded upon petition of any person
(3) A person who has already been adopted unless such adoption authorized by the court or proper government instrumental acting
has been previously revoked or rescinded. (30a, EO 91 and PD 603) on his behalf, on the same grounds prescribed for loss or suspension
of parental authority. If the adopted is at least eighteen years of age,
Art. 188. The written consent of the following to the adoption shall he may petition for judicial rescission of the adoption on the same
be necessary: grounds prescribed for disinheriting an ascendant. (40a, PD 603)
(1) The person to be adopted, if ten years of age or over,
(2) The parents by nature of the child, the legal guardian, or the Art. 192. The adopters may petition the court for the judicial
proper government instrumentality; rescission of the adoption in any of the following cases:
(3) The legitimate and adopted children, ten years of age or over, of (1) If the adopted has committed any act constituting ground for
the adopting parent or parents; disinheriting a descendant; or
(4) The illegitimate children, ten years of age or over, of the adopting (2) When the adopted has abandoned the home of the adopters
parent, if living with said parent and the latter's spouse, if any; and during minority for at least one year, or, by some other acts, has
(5) The spouse, if any, of the person adopting or to be adopted. (31a, definitely repudiated the adoption. (41a, PD 603)
EO 91 and PD 603)
Art. 193. If the adopted minor has not reached the age of majority at
Art. 189. Adoption shall have the following effects: the time of the judicial rescission of the adoption, the court in the
(1) For civil purposes, the adopted shall be deemed to be a same proceeding shall reinstate the parental authority of the
legitimate child of the adopters and both shall acquire the reciprocal parents by nature, unless the latter are disqualified or incapacitated,
rights and obligations arising from the relationship of parent and in which case the court shall appoint a guardian over the person and
property of the minor. If the adopted person is physically or
mentally handicapped, the court shall appoint in the same give support to the innocent one, specifying the terms of such order.
proceeding a guardian over his person or property or both. (292a)
Judicial rescission of the adoption shall extinguish all
reciprocal rights and obligations between the adopters and the Art. 199. Whenever two or more persons are obliged to give
adopted arising from the relationship of parent and child. The support, the liability shall devolve upon the following persons in the
adopted shall likewise lose the right to use the surnames of the order herein provided:
adopters and shall resume his surname prior to the adoption. (1) The spouse;
The court shall accordingly order the amendment of the (2) The descendants in the nearest degree;
records in the proper registries. (42a, PD 603) (3) The ascendants in the nearest degree; and
(4) The brothers and sisters. (294a)
TITLE VIII
SUPPORT
Art. 200. When the obligation to give support falls upon two or more
Art. 194. Support compromises everything indispensable for
persons, the payment of the same shall be divided between them in
sustenance, dwelling, clothing, medical attendance, education and
proportion to the resources of each.
transportation, in keeping with the financial capacity of the family.
However, in case of urgent need and by special
The education of the person entitled to be supported
circumstances, the judge may order only one of them to furnish the
referred to in the preceding paragraph shall include his schooling or
support provisionally, without prejudice to his right to claim from
training for some profession, trade or vocation, even beyond the age
the other obligors the share due from them.
of majority. Transportation shall include expenses in going to and
When two or more recipients at the same time claim
from school, or to and from place of work. (290a)
support from one and the same person legally obliged to give it,
should the latter not have sufficient means to satisfy all claims, the
Art. 105. Subject to the provisions of the succeeding articles, the
order established in the preceding article shall be followed, unless
following are obliged to support each other to the whole extent set
the concurrent obligees should be the spouse and a child subject to
forth in the preceding article:
parental authority, in which case the child shall be preferred. (295a)
(1) The spouses;
(2) Legitimate ascendants and descendants;
Art. 201. The amount of support, in the cases referred to in Articles
(3) Parents and their legitimate children and the legitimate and
195 and 196, shall be in proportion to the resources or means of the
illegitimate children of the latter;
giver and to the necessities of the recipient. (296a)
(4) Parents and their illegitimate children and the legitimate and
illegitimate children of the latter; and
Art. 202. Support in the cases referred to in the preceding article
(5) Legitimate brothers and sisters, whether of full or half-blood
shall be reduced or increased proportionately, according to the
(291a)
reduction or increase of the necessities of the recipient and the
resources or means of the person obliged to furnish the same.
Art. 196. Brothers and sisters not legitimately related, whether of
(297a)
the full or half-blood, are likewise bound to support each other to
the full extent set forth in Article 194, except only when the need for
Art. 203. The obligation to give support shall be demandable from
support of the brother or sister, being of age, is due to a cause
the time the person who has a right to receive the same needs it for
imputable to the claimant's fault or negligence. (291a)
maintenance, but it shall not be paid except from the date of judicial
or extrajudicial demand.
Art. 197. In case of legitimate ascendants; descendants, whether
Support pendente lite may be claimed in accordance with
legitimate or illegitimate; and brothers and sisters, whether
the Rules of Court.
legitimately or illegitimately related, only the separate property of
Payment shall be made within the first five days of each
the person obliged to give support shall be answerable provided that
corresponding month or when the recipient dies, his heirs shall not
in case the obligor has no separate property, the absolute
be obliged to return what he has received in advance. (298a)
community or the conjugal partnership, if financially capable, shall
advance the support, which shall be deducted from the share of the
Art. 204. The person obliged to give support shall have the option to
spouse obliged upon the liquidation of the absolute community or of
fulfill the obligation either by paying the allowance fixed, or by
the conjugal partnership. (n)
receiving and maintaining in the family dwelling the person who has
a right to receive support. The latter alternative cannot be availed of
Art. 198. During the proceedings for legal separation or for
in case there is a moral or legal obstacle thereto. (299a)
annulment of marriage, and for declaration of nullity of marriage,
the spouses and their children shall be supported from the
Art. 205. The right to receive support under this Title as well as any
properties of the absolute community or the conjugal partnership.
money or property obtained as such support shall not be levied
After the final judgment granting the petition, the obligation of
upon on attachment or execution. (302a)
mutual support between the spouses ceases. However, in case of
legal separation, the court may order that the guilty spouse shall
Art. 206. When, without the knowledge of the person obliged to give
support, it is given by a stranger, the latter shall have a right to claim
the same from the former, unless it appears that he gave it without
intention of being reimbursed. (2164a) Art. 215. No descendant shall be compelled, in a criminal case, to
testify against his parents and grandparents, except when such
Art. 207. When the person obliged to support another unjustly testimony is indispensable in a crime against the descendant or by
refuses or fails to give support when urgently needed by the latter, one parent against the other. (315a)
any third person may furnish support to the needy individual, with
right of reimbursement from the person obliged to give support.
This Article shall particularly apply when the father or mother of a Chapter 2.
Substitute and Special Parental Authority
child under the age of majority unjustly refuses to support or fails to
give support to the child when urgently needed. (2166a)
Art. 216. In default of parents or a judicially appointed guardian, the
following person shall exercise substitute parental authority over the
Art. 208. In case of contractual support or that given by will, the
child in the order indicated:
excess in amount beyond that required for legal support shall be
(1) The surviving grandparent, as provided in Art. 214;
subject to levy on attachment or execution.
(2) The oldest brother or sister, over twenty-one years of age, unless
Furthermore, contractual support shall be subject to
unfit or disqualified; and
adjustment whenever modification is necessary due to changes of
(3) The child's actual custodian, over twenty-one years of age, unless
circumstances manifestly beyond the contemplation of the parties.
unfit or disqualified.
(n)
Whenever the appointment or a judicial guardian over the
property of the child becomes necessary, the same order of
TITLE IX
PARENTAL AUTHORITY preference shall be observed. (349a, 351a, 354a)

Chapter 1.
General Provisions Art. 217. In case of foundlings, abandoned neglected or abused
children and other children similarly situated, parental authority
Art. 209. Pursuant to the natural right and duty of parents over the
shall be entrusted in summary judicial proceedings to heads of
person and property of their unemancipated children, parental
children's homes, orphanages and similar institutions duly
authority and responsibility shall include the caring for and rearing
accredited by the proper government agency. (314a)
them for civic consciousness and efficiency and the development of
their moral, mental and physical character and well-being. (n)
Art. 218. The school, its administrators and teachers, or the
individual, entity or institution engaged in child are shall have special
Art. 210. Parental authority and responsibility may not be renounced
parental authority and responsibility over the minor child while
or transferred except in the cases authorized by law. (313a)
under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized
Art. 211. The father and the mother shall jointly exercise parental
activities whether inside or outside the premises of the school,
authority over the persons of their common children. In case of
entity or institution. (349a)
disagreement, the father's decision shall prevail, unless there is a
judicial order to the contrary.
Art. 219. Those given the authority and responsibility under the
Children shall always observe respect and reverence
preceding Article shall be principally and solidarily liable for damages
towards their parents and are obliged to obey them as long as the
caused by the acts or omissions of the unemancipated minor. The
children are under parental authority. (311a)
parents, judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily liable.
Art. 212. In case of absence or death of either parent, the parent
The respective liabilities of those referred to in the
present shall continue exercising parental authority. The remarriage
preceding paragraph shall not apply if it is proved that they
of the surviving parent shall not affect the parental authority over
exercised the proper diligence required under the particular
the children, unless the court appoints another person to be the
circumstances.
guardian of the person or property of the children. (n)
All other cases not covered by this and the preceding
articles shall be governed by the provisions of the Civil Code on
Art. 213. In case of separation of the parents, parental authority
quasi-delicts. (n)
shall be exercised by the parent designated by the Court. The Court
shall take into account all relevant considerations, especially the
Chapter 3.
choice of the child over seven years of age, unless the parent chosen Effect of Parental Authority
Upon the Persons of the Children
is unfit. (n)
Art. 220. The parents and those exercising parental authority shall
Art. 214. In case of death, absence or unsuitability of the parents, have with the respect to their unemancipated children on wards the
substitute parental authority shall be exercised by the surviving following rights and duties:
grandparent. In case several survive, the one designated by the (1) To keep them in their company, to support, educate and instruct
court, taking into account the same consideration mentioned in the them by right precept and good example, and to provide for their
preceding article, shall exercise the authority. (355a) upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel, disagreement, the father's decision shall prevail, unless there is a
companionship and understanding; judicial order to the contrary.
(3) To provide them with moral and spiritual guidance, inculcate in
them honesty, integrity, self-discipline, self-reliance, industry and Where the market value of the property or the annual
thrift, stimulate their interest in civic affairs, and inspire in them income of the child exceeds P50,000, the parent concerned shall be
compliance with the duties of citizenship; required to furnish a bond in such amount as the court may
(4) To furnish them with good and wholesome educational determine, but not less than ten per centum (10%) of the value of
materials, supervise their activities, recreation and association with the property or annual income, to guarantee the performance of the
others, protect them from bad company, and prevent them from obligations prescribed for general guardians.
acquiring habits detrimental to their health, studies and morals; A verified petition for approval of the bond shall be filed in
(5) To represent them in all matters affecting their interests; the proper court of the place where the child resides, or, if the child
(6) To demand from them respect and obedience; resides in a foreign country, in the proper court of the place where
(7) To impose discipline on them as may be required under the the property or any part thereof is situated.
circumstances; and The petition shall be docketed as a summary special
(8) To perform such other duties as are imposed by law upon proceeding in which all incidents and issues regarding the
parents and guardians. (316a) performance of the obligations referred to in the second paragraph
of this Article shall be heard and resolved.
Art. 221. Parents and other persons exercising parental authority The ordinary rules on guardianship shall be merely
shall be civilly liable for the injuries and damages caused by the acts suppletory except when the child is under substitute parental
or omissions of their unemancipated children living in their company authority, or the guardian is a stranger, or a parent has remarried, in
and under their parental authority subject to the appropriate which case the ordinary rules on guardianship shall apply. (320a)
defenses provided by law. (2180(2)a and (4)a )
Art. 226. The property of the unemancipated child earned or
Art. 222. The courts may appoint a guardian of the child's property acquired with his work or industry or by onerous or gratuitous title
or a guardian ad litem when the best interests of the child so shall belong to the child in ownership and shall be devoted
requires. (317) exclusively to the latter's support and education, unless the title or
transfer provides otherwise.
Art. 223. The parents or, in their absence or incapacity, the The right of the parents over the fruits and income of the
individual, entity or institution exercising parental authority, may child's property shall be limited primarily to the child's support and
petition the proper court of the place where the child resides, for an secondarily to the collective daily needs of the family. (321a, 323a)
order providing for disciplinary measures over the child. The child
shall be entitled to the assistance of counsel, either of his choice or Art. 227. If the parents entrust the management or administration of
appointed by the court, and a summary hearing shall be conducted any of their properties to an unemancipated child, the net proceeds
wherein the petitioner and the child shall be heard. of such property shall belong to the owner. The child shall be given a
However, if in the same proceeding the court finds the reasonable monthly allowance in an amount not less than that
petitioner at fault, irrespective of the merits of the petition, or when which the owner would have paid if the administrator were a
the circumstances so warrant, the court may also order the stranger, unless the owner, grants the entire proceeds to the child.
deprivation or suspension of parental authority or adopt such other In any case, the proceeds thus give in whole or in part shall not be
measures as it may deem just and proper. (318a) charged to the child's legitime. (322a)

Chapter 5.
Art. 224. The measures referred to in the preceding article may
Suspension or Termination of Parental Authority
include the commitment of the child for not more than thirty days in
Art. 228. Parental authority terminates permanently:
entities or institutions engaged in child care or in children's homes
(1) Upon the death of the parents;
duly accredited by the proper government agency.
(2) Upon the death of the child; or
The parent exercising parental authority shall not interfere
(3) Upon emancipation of the child. (327a)
with the care of the child whenever committed but shall provide for
his support. Upon proper petition or at its own instance, the court
Art. 229. Unless subsequently revived by a final judgment, parental
may terminate the commitment of the child whenever just and
authority also terminates:
proper. (391a)
(1) Upon adoption of the child;
Chapter 4. (2) Upon appointment of a general guardian;
Effect of Parental Authority
(3) Upon judicial declaration of abandonment of the child in a case
Upon the Property of the Children
filed for the purpose;
Art. 225. The father and the mother shall jointly exercise legal
(4) Upon final judgment of a competent court divesting the party
guardianship over the property of the unemancipated common child
concerned of parental authority; or
without the necessity of a court appointment. In case of
(5) Upon judicial declaration of absence or incapacity of the person
exercising parental authority. (327a)
 Art. 236. Emancipation for any cause shall terminate parental
Art. 230. Parental authority is suspended upon conviction of the authority over the person and property of the child who shall then
parent or the person exercising the same of a crime which carries be qualified and responsible for all acts of civil life. (412a)
with it the penalty of civil interdiction. The authority is automatically
reinstated upon service of the penalty or upon pardon or amnesty of Art. 237. The annulment or declaration of nullity of the marriage of a
the offender. (330a) minor or of the recorded agreement mentioned in the foregoing.
Articles 234 and 235 shall revive the parental authority over the
Art. 231. The court in an action filed for the purpose in a related case minor but shall not affect acts and transactions that took place prior
may also suspend parental authority if the parent or the person to the recording of the final judgment in the Civil Register. (n)
exercising the same:
(1) Treats the child with excessive harshness or cruelty; TITLE XI
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
(2) Gives the child corrupting orders, counsel or example;
(3) Compels the child to beg; or Chapter 1.
Prefatory Provisions
(4) Subjects the child or allows him to be subjected to acts of
lasciviousness. Art. 238. Until modified by the Supreme Court, the procedural rules
The grounds enumerated above are deemed to include provided for in this Title shall apply as regards separation in fact
cases which have resulted from culpable negligence of the parent or between husband and wife, abandonment by one of the other, and
the person exercising parental authority. lawphi1.net incidents involving parental authority. (n)
If the degree of seriousness so warrants, or the welfare of
Chapter 2.
the child so demands, the court shall deprive the guilty party of
Separation in Fact
parental authority or adopt such other measures as may be proper
under the circumstances. Art. 239. When a husband and wife are separated in fact, or one has
The suspension or deprivation may be revoked and the abandoned the other and one of them seeks judicial authorization
parental authority revived in a case filed for the purpose or in the for a transaction where the consent of the other spouse is required
same proceeding if the court finds that the cause therefor has by law but such consent is withheld or cannot be obtained, a verified
ceased and will not be repeated. (33a) petition may be filed in court alleging the foregoing facts.
The petition shall attach the proposed deed, if any,
Art. 232. If the person exercising parental authority has subjected embodying the transaction, and, if none, shall describe in detail the
the child or allowed him to be subjected to sexual abuse, such said transaction and state the reason why the required consent
person shall be permanently deprived by the court of such authority. thereto cannot be secured. In any case, the final deed duly executed
(n) by the parties shall be submitted to and approved by the court. (n)

Art. 233. The person exercising substitute parental authority shall Art. 240. Claims for damages by either spouse, except costs of the
have the same authority over the person of the child as the parents. proceedings, may be litigated only in a separate action. (n)
In no case shall the school administrator, teacher of
individual engaged in child care exercising special parental authority Art. 241. Jurisdiction over the petition shall, upon proof of notice to
inflict corporal punishment upon the child. (n) the other spouse, be exercised by the proper court authorized to
hear family cases, if one exists, or in the regional trial court or its
TITLE X
equivalent sitting in the place where either of the spouses resides.
EMANCIPATION AND AGE OF MAJORITY
(n)
Art. 234. Emancipation takes place by the attainment of majority.
Unless otherwise provided, majority commences at the age of
Art. 242. Upon the filing of the petition, the court shall notify the
twenty-one years.
other spouse, whose consent to the transaction is required, of said
Emancipation also takes place:
petition, ordering said spouse to show cause why the petition should
(1) By the marriage of the minor; or
not be granted, on or before the date set in said notice for the initial
(2) By the recording in the Civil Register of an agreement in a public
conference. The notice shall be accompanied by a copy of the
instrument executed by the parent exercising parental authority and
petition and shall be served at the last known address of the spouse
the minor at least eighteen years of age. Such emancipation shall be
concerned. (n)
irrevocable. (397a, 398a, 400a, 401a)

Art. 243. A preliminary conference shall be conducted by the judge

Art. 235. The provisions governing emancipation by recorded
personally without the parties being assisted by counsel. After the
agreement shall also apply to an orphan minor and the person
initial conference, if the court deems it useful, the parties may be
exercising parental authority but the agreement must be approved
assisted by counsel at the succeeding conferences and hearings. (n)
by the court before it is recorded. (n)

Art. 244. In case of non-appearance of the spouse whose consent is

sought, the court shall inquire into the reasons for his failure to
appear, and shall require such appearance, if possible. (n)
 Done in the City of Manila, this 6th day of July, in the year
Art. 245. If, despite all efforts, the attendance of the non-consenting of Our Lord, nineteen hundred and eighty-seven.
spouse is not secured, the court may proceed ex parte and render
judgment as the facts and circumstances may warrant. In any case, TITLE X
FUNERALS (n)
the judge shall endeavor to protect the interests of the non-
Article 305. The duty and the right to make arrangements for the
appearing spouse. (n)
funeral of a relative shall be in accordance with the order
established for support, under article 294. In case of descendants of
Art. 246. If the petition is not resolved at the initial conference, said
the same degree, or of brothers and sisters, the oldest shall be
petition shall be decided in a summary hearing on the basis of
preferred. In case of ascendants, the paternal shall have a better
affidavits, documentary evidence or oral testimonies at the sound
right.
discretion of the court. If testimony is needed, the court shall specify
the witnesses to be heard and the subject-matter of their
Article 306. Every funeral shall be in keeping with the social position
testimonies, directing the parties to present said witnesses. (n)
of the deceased.

Art. 247. The judgment of the court shall be immediately final and
Article 307. The funeral shall be in accordance with the expressed
executory. (n)
wishes of the deceased. In the absence of such expression, his
religious beliefs or affiliation shall determine the funeral rites. In
Art. 248. The petition for judicial authority to administer or
case of doubt, the form of the funeral shall be decided upon by the
encumber specific separate property of the abandoning spouse and
person obliged to make arrangements for the same, after consulting
to use the fruits or proceeds thereof for the support of the family
the other members of the family.
shall also be governed by these rules. (n)

Article 308. No human remains shall be retained, interred, disposed

Chapter 3.
Incidents Involving Parental Authority of or exhumed without the consent of the persons mentioned in
articles 294 and 305.
Art. 249. Petitions filed under Articles 223, 225 and 235 of this Code
involving parental authority shall be verified.. (n)
Article 309. Any person who shows disrespect to the dead, or
wrongfully interferes with a funeral shall be liable to the family of
Art. 250. Such petitions shall be verified and filed in the proper court
the deceased for damages, material and moral.
of the place where the child resides. (n)

Article 310. The construction of a tombstone or mausoleum shall be

Art. 251. Upon the filing of the petition, the court shall notify the
deemed a part of the funeral expenses, and shall be chargeable to
parents or, in their absence or incapacity, the individuals, entities or
the conjugal partnership property, if the deceased is one of the
institutions exercising parental authority over the child. (n)
spouses.

Art. 252. The rules in Chapter 2 hereof shall also govern summary
TITLE XI
proceedings under this Chapter insofar as they are applicable. (n)
Parental Authority
CHAPTER 1
TITLE XII General Provisions
FINAL PROVISIONS
Article 311. The father and mother jointly exercise parental
Art. 253. Titles III, IV, V, VI, VIII, IX, XI, and XV of Book 1 of Republic
authority over their legitimate children who are not emancipated. In
Act No. 386, otherwise known as the Civil Code of the Philippines, as
case of disagreement, the father's decision shall prevail, unless there
amended, and Articles 17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41, and
is a judicial order to the contrary. Children are obliged to obey their
42 of Presidential Decree No. 603, otherwise known as the Child and
parents so long as they are under parental power, and to observe
Youth Welfare Code, as amended, and all laws, decrees, executive
respect and reverence toward them always.
orders, proclamations, rules and regulations, or parts thereof,
Recognized natural and adopted children who are under
inconsistent herewith are hereby repealed.
the age of majority are under the
parental authority of the father or mother recognizing or adopting
Art. 254. If any provision of this Code is held invalid, all the other
them, and are under the same obligation stated in the preceding
provisions not affected thereby shall remain valid.
paragraph. Natural children by legal fiction are under the joint
authority of the father and mother, as provided in the first
Art. 255. This Code shall have retroactive effect insofar as it does not
paragraph of this article. (154a)
prejudice or impair vested or acquired rights in accordance with the
Civil Code or other laws.
Article 312. Grandparents shall be consulted by all members of the
family on all important family questions. (n)
Art. 265. This Code shall take effect one year after the completion of
its publication in a newspaper of general circulation, as certified by
Article 313. Parental authority cannot be renounced or transferred,
the Executive Secretary, Office of the President.
except in cases of guardianship or adoption approved by the courts,
or emancipation by concession. The courts may, in cases specified by from the earnings, in addition to the expenses made by the parents
law, deprive parents of their authority. (n) for his support and education. (n)

Article 314. A foundling shall be under the parental authority of the Article 323. The fruits and interest of the child's property referred to
person or institution that has reared the same. (n) in article 321 shall be applied first to the expenses for the support
Article 315. No descendant can be compelled, in a criminal case, to and education of the child. After they have been fully met, the debts
testify against his parents and ascendants. (n) of the conjugal partnership which have redounded to the benefit of
the family may be paid from said fruits and interest. (n)
CHAPTER 2
Effect of Parental Authority Upon the Persons of the Children
Article 324. Whatever the child may acquire with the capital or
property of the parents belongs to the latter in ownership and in
Article 316. The father and the mother have, with respect to their
usufruct. But if the parents should expressly grant him all or part
unemancipated children:
of the profits that he may obtain, such profits shall not be charged
(1) The duty to support them, to have them in their company,
against his legitime. (161)
educate and instruct them in keeping with their means, and to
represent them in all actions which may redound to their benefit;
Article 325. The property or income donated, bequeathed or devised
(2) The power to correct them and to punish them moderately.
to the unemancipated child for the expenses of his education and
(155)
instruction shall pertain to him in ownership and usufruct; but the
father or mother shall administer the same, if in the donation or
Article 317. The courts may appoint a guardian of the child's
testamentary provision the contrary has not been stated. (162)
property, or a guardian ad litem when the best interest of the child
so requires. (n)
Article 326. When the property of the child is worth more than two
thousand pesos, the father or mother shall be considered a guardian
Article 318. Upon cause being shown by the parents, the local mayor
of the child's property, subject to the duties and obligations of
may aid them in the exercise of their authority over the child. If the
guardians under the Rules of Court. (n)
child is to be kept in a children's home or similar
institution for not more than one month, an order of the justice of CHAPTER 4
Extinguishment of Parental Authority
the peace or municipal judge shall be necessary, after due hearing,
where the child shall be heard. For his purpose, the court may Article 327. Parental authority terminates:
appoint a guardian ad litem. (156a) (1) Upon the death of the parents or of the child;
(2) Upon emancipation;
Article 319. The father and the mother shall satisfy the support for (3) Upon adoption of the child;
the detained child; but they shall not have any intervention in the (4) Upon the appointment of a general guardian. (167a)
regime of the institution where the child is detained. They may lift
the detention when they deem it opportune, with the approval of Article 328. The mother who contracts a subsequent marriage loses
the court. (158a) the parental authority over her children, unless the deceased
husband, father of the latter, has expressly provided in his will
CHAPTER 3 that his widow might marry again, and has ordered that in such case
Effect of Parental Authority on the Property of the Children
she should keep and exercise parental authority over their children.
Article 320. The father, or in his absence the mother, is the legal The court may also appoint a guardian of the child's
administrator of the property pertaining to the child under parental property in case the father should contract a
authority. If the property is worth more than two thousand subsequent marriage. (168a)
pesos, the father or mother shall give a bond subject to the approval Article 329. When the mother of an illegitimate child marries a man
of the Court of First Instance. (159a) other than its father, the court may appoint a guardian for the child.
Article 321. The property which the unemancipated child has (n)
acquired or may acquire with his work or industry, or by any
lucrative title, belongs to the child in ownership, and in usufruct to Article 330. The father and in a proper case the mother, shall lose
the father or mother under whom he is under parental authority authority over their children:
and in whose company he lives; but if the child, with the parent's (1) When by final judgment in a criminal case the penalty of
consent, should live independently from them, he shall be deprivation of said authority is imposed upon him or her;
considered as emancipated for all purposes relative to said property, (2) When by a final judgment in legal separation proceedings such
and he shall have over it dominion, usufruct and administration. loss of authority is declared. (169a)
(160)
Article 331. Parental authority is suspended by the incapacity or
Article 322. A child who earns money or acquires property with his absence of the father, or in a proper case of the mother, judicially
own work or industry shall be entitled to a reasonable allowance declared, and also by civil interdiction. (170)
Article 332. The courts may deprive the parents of their authority or
suspend the exercise of the same if they should treat their children Article 341. The adoption shall:
with excessive harshness or should give them corrupting orders, (1) Give to the adopted person the same rights and duties as if he
counsels, or examples, or should make them beg or abandon them. were a legitimate child of the adopter;
In these cases, the courts may also deprive the parents in whole or (2) Dissolve the authority vested in the parents by nature;
in part, of the usufruct over the child's property, or adopt such (3) Make the adopted person a legal heir of the adopter;
measures as they may deem advisable in the interest of the child. (4) Entitle the adopted person to use the adopter's surname. (n)
(171a)
Article 342. The adopter shall not be a legal heir of the adopted
Article 333. If the widowed mother who has contracted a person, whose parents by nature shall inherit from him. (177a)
subsequent marriage should again become a widow, she shall
recover from this moment her parental authority over all her Article 343. If the adopter is survived by legitimate parents or
unemancipated children. (172) ascendants and by an adopted person, the latter shall not have more
successional rights than an acknowledged natural child. (n)
CHAPTER 5
Adoption
Article 344. The adopter may donate property, by an act inter vivos
Article 334. Every person of age, who is in full possession of his civil or by will, to the adopted person, who shall acquire ownership
rights, may adopt. (173a) thereof. (n)

Article 335. The following cannot adopt: Article 345. The proceedings for adoption shall be governed by the
(1) Those who have legitimate, legitimated, acknowledged natural Rules of Court insofar as they are not in conflict with this Code. (n)
children, or natural children by legal fiction;
(2) The guardian, with respect to the ward, before the final approval Article 346. The adoption shall be recorded in the local civil register.
of his accounts; (179a)
(3) A married person, without the consent of the other spouse;
(4) Non-resident aliens; Article 347. A minor or other incapacitated person may, through a
(5) Resident aliens with whose government the Republic of the guardian ad litem, ask for the rescission of the adoption on the same
Philippines has broken diplomatic relations; grounds that cause the loss of parental authority. (n)
(6) Any person who has been convicted of a crime involving moral
turpitude, when the penalty imposed was six months' imprisonment Article 348. The adopter may petition the court for revocation of the
or more. (174a) adoption in any of these cases:
(1) If the adopted person has attempted against the life of the
Article 336. The husband and wife may jointly adopt. Parental adopter;
authority shall, in such case, be exercised as if the child were their (2) When the adopted minor has abandoned the home of the
own by nature. (n) adopter for more than three years;
(3) When by other acts the adopted person has definitely repudiated
Article 337. Any person, even if of age, may be adopted, provided the adoption. (n)
the adopter is sixteen years older. (173a)
CHAPTER 6
Substitute Parental Authority (n)

Article 349. The following persons shall exercise substitute parental

Article 338. The following may be adopted:
authority:
(1) The natural child, by the natural father or mother;
(1) Guardians;
(2) Other illegitimate children, by the father or mother;
(2) Teachers and professors;
(3) A step-child, by the step-father or step-mother. (n)
(3) Heads of children's homes, orphanages, and similar institutions;
Article 339. The following cannot be adopted:
(4) Directors of trade establishments, with regard to apprentices;
(1) A married person, without the written consent of the other
(5) Grandparents;
spouse;
(6) The oldest brother or sister.
(2) An alien with whose government the Republic of the Philippines
has broken
Article 350. The persons named in the preceding article shall
diplomatic relations;
exercise reasonable supervision over the conduct of the child.
(3) A person who has already been adopted. (n)
Article 340. The written consent of the following to the adoption
Article 351. A general guardian or a guardian over the person shall
shall be necessary:
have the same authority over the ward's person as the parents. With
(1) The person to be adopted, if fourteen years of age or over;
regard to the child's property, the Rules of Court on guardianship
(2) The parents, guardian or person in charge of the person to be
shall govern.
adopted. (n)
 Article 360. The Council for the Protection of Children shall look after
Article 352. The relations between teacher and pupil, professor and the welfare of children in the municipality. It shall, among other
student, are fixed by government regulations and those of each functions:
school or institution. In no case shall corporal punishment be (1) Foster the education of every child in the municipality;
countenanced. The teacher or professor shall cultivate the best (2) Encourage the cultivation of the duties of parents;
potentialities of the heart and mind of the pupil or student. (3) Protect and assist abandoned or mistreated children, and
orphans;
Article 353. Apprentices shall be treated humanely. No corporal (4) Take steps to prevent juvenile delinquency;
punishment against the apprentice shall be permitted. (5) Adopt measures for the health of children;
(6) Promote the opening and maintenance of playgrounds;
Article 354. Grandparents and in their default the oldest brother or (7) Coordinate the activities of organizations devoted to the welfare
sister shall exercise parental authority in case of death or absence of of children, and secure their cooperation.
the child's parents. If the parents are living, or if the child is under
guardianship, the grandparents may give advice and counsel to the Article 361. Juvenile courts will be established, as far as practicable,
child, to the parents or to the guardian. in every chartered city or large municipality.
Article 362. Whenever a child is found delinquent by any court, the
Article 355. Substitute parental authority shall be exercised by the father, mother, or guardian may in a proper case be judicially
grandparents in the following order: admonished.
(1) Paternal grandparents;
(2) Maternal grandparents. Article 363. In all questions on the care, custody, education and
property of children the latter's welfare shall be paramount. No
TITLE XII mother shall be separated from her child under seven years of
Care and Education of Children
age, unless the court finds compelling reasons for such measure.
Article 356. Every child:
TITLE XIII
(1) Is entitled to parental care;
Use of Surnames (n)
(2) Shall receive at least elementary education;
(3) Shall be given moral and civic training by the parents or guardian; Article 364. Legitimate and legitimated children shall principally use
(4) Has a right to live in an atmosphere conducive to his physical, the surname of the father.
moral and intellectual development.
Article 365. An adopted child shall bear the surname of the adopter.
Article 357. Every child shall:
(1) Obey and honor his parents or guardian; Article 366. A natural child acknowledged by both parents shall
(2) Respect his grandparents, old relatives, and persons holding principally use the surname of the father. If recognized by only one
substitute parental authority; of the parents, a natural child shall employ the surname of the
(3) Exert his utmost for his education and training; recognizing parent.
(4) Cooperate with the family in all matters that make for the good
of the same. Article 367. Natural children by legal fiction shall principally employ
the surname of the father.
Article 358. Every parent and every person holding substitute
parental authority shall see to it that the rights of the child are Article 368. Illegitimate children referred to in article 287 shall bear
respected and his duties complied with, and shall particularly, by the surname of the mother.
precept and example, imbue the child with highmindedness, love of
country, veneration for the national heroes, fidelity to democracy as Article 369. Children conceived before the decree annulling a
a way of life, and attachment to the ideal of permanent voidable marriage shall principally use the surname of the father.
world peace.
Article 370. A married woman may use:
Article 359. The government promotes the full growth of the (1) Her maiden first name and surname and add her husband's
faculties of every child. For this purpose, the government will surname, or
establish, whenever possible: (2) Her maiden first name and her husband's surname or
(1) Schools in every barrio, municipality and city where optional (3) Her husband's full name, but prefixing a word indicating that she
religious instruction shall be taught as part of the curriculum at the is his wife, such as "Mrs."
option of the parent or guardian;
(2) Puericulture and similar centers; Article 371. In case of annulment of marriage, and the wife is the
(3) Councils for the Protection of Children; and guilty party, she shall resume her maiden name and surname. If she
(4) Juvenile courts. is the innocent spouse, she may resume her maiden name and
surname. However, she may choose to continue employing he
former husband's surname, unless:
(1) The court decrees otherwise, or absentee left no spouse, or if the spouse present is a minor, any
(2) She or the former husband is married again to another person. competent person may be appointed by the court. (183a)

CHAPTER 2
Article 372. When legal separation has been granted, the wife shall
Declaration of Absence
continue using her name and surname employed before the legal
Article 384. Two years having elapsed without any news about the
separation.
absentee or since the receipt of the last news, and five years in case
the absentee has left a person in charge of the administration of his
Article 373. A widow may use the deceased husband's surname as
property, his absence may be declared. (184)
though he were still living, in accordance with article 370.

Article 385. The following may ask for the declaration of absence:
Article 374. In case of identity of names and surnames, the younger
(1) The spouse present;
person shall be obliged to use such additional name or surname as
(2) The heirs instituted in a will, who may present an authentic copy
will avoid confusion.
of the same;
(3) The relatives who may succeed by the law of intestacy;
Article 375. In case of identity of names and surnames between
(4) Those who may have over the property of the absentee some
ascendants and descendants, the word "Junior" can be used only by
right subordinated to the condition of his death. (185)
a son. Grandsons and other direct male descendants shall either:
(1) Add a middle name or the mother's surname, or
Article 386. The judicial declaration of absence shall not take effect
(2) Add the Roman numerals II, III, and so on.
until six months after its publication in a newspaper of general
circulation. (186a)
Article 376. No person can change his name or surname without
judicial authority.
CHAPTER 3
Administration of the Property of the Absentee
Article 377. Usurpation of a name and surname may be the subject
Article 387. An administrator of the absentee's property shall be
of an action for damages and other relief.
appointed in accordance with article 383. (187a)

Article 378. The unauthorized or unlawful use of another person's

Article 388. The wife who is appointed as an administratrix of the
surname gives a right of action to the latter.
husband's property cannotalienate or encumber the husband's
property, or that of the conjugal partnership, without judicial
Article 379. The employment of pen names or stage names is
authority. (188a)
permitted, provided it is done in good faith and there is no injury to
third persons. Pen names and stage names cannot be usurped.
Article 389. The administration shall cease in any of the following
cases:
Article 380. Except as provided in the preceding article, no person
(1) When the absentee appears personally or by means of an agent;
shall use different names and surnames.
(2) When the death of the absentee is proved and his testate or
intestate heirs appear;
TITLE XIV
ABSENCE (3) When a third person appears, showing by a proper document
CHAPTER 1
that he has acquired the absentee's property by purchase or other
Provisional Measures in Case of Absence
title.
Article 381. When a person disappears from his domicile, his In these cases the administrator shall cease in the
whereabouts being unknown, and without leaving an agent to performance of his office, and the property shall be at the disposal
administer his property, the judge, at the instance of an interested of those who may have a right thereto. (190)
party, a relative, or a friend, may appoint a person to represent him
in all that may be necessary. This same rule shall be observed when CHAPTER 4
under similar circumstances the power conferred by the Presumption of Death
absentee has expired. (181a)
Article 390. After an absence of seven years, it being unknown
Article 382. The appointment referred to in the preceding article whether or not the absentee still lives, he shall be presumed dead
having been made, the judge shall take the necessary measures to for all purposes, except for those of succession.
safeguard the rights and interests of the absentee and shall specify The absentee shall not be presumed dead for the purpose
the powers, obligations and remuneration of his representative, of opening his succession till after an absence of ten years. If he
regulating them, according to the circumstances, by the rules disappeared after the age of seventy-five years, an absence of five
concerning guardians. (182) years shall be sufficient in order that his succession may be opened.
(n)
Article 383. In the appointment of a representative, the spouse
present shall be preferred when there is no legal separation. If the
Article 391. The following shall be presumed dead for all purposes, Article 399. Emancipation by marriage or by voluntary concession
including the division of the estate among the heirs: shall terminate parental authority over the child's person. It shall
(1) A person on board a vessel lost during a sea voyage, or an enable the minor to administer his property as though he were of
aeroplane which is missing, who has not been heard of for four age, but he cannot borrow money or alienate or encumber real
years since the loss of the vessel or aeroplane; property without the consent of his father or mother, or guardian.
(2) A person in the armed forces who has taken part in war, and has He can sue and be sued in court only with the
been missing for four years; assistance of his father, mother or guardian. (317a)
(3) A person who has been in danger of death under other
circumstances and his existence has not been known for four years. Article 400. In order that emancipation by concession of the father
(n) or of the mother may take place, it is required that the minor be
eighteen years of age, and that he give his consent thereto. (318)
Article 392. If the absentee appears, or without appearing his Article 401. Emancipation is final or irrevocable. (319a)
existence is proved, he shall recover his property in the condition in
which it may be found, and the price of any property that may have CHAPTER 2
Age of Majority
been alienated or the property acquired therewith; but he cannot
Article 402. Majority commences upon the attainment of the age of
claim either fruits or rents. (194)
twenty-one years. The person who has reached majority is qualified
for all acts of civil life, save the exceptions established by this Code
CHAPTER 5
in special cases. (320a)
Effect of Absence Upon the Contingent Rights of the Absentee

Article 403. Notwithstanding the provisions of the preceding article,

Article 393. Whoever claims a right pertaining to a person whose
a daughter above twentyone but below twenty-three years of age
existence is not recognized must prove that he was living at the time
cannot leave the parental home without the consent of the father or
his existence was necessary in order to acquire said right. (195)
mother in whose company she lives, except to become a wife, or
Article 394. Without prejudice to the provision of the preceding
when she exercises a profession or calling, or when the father or
article, upon the opening of a succession to which an absentee is
mother has contracted a subsequent marriage. (321a)
called, his share shall accrue to his coheirs, unless he has
heirs, assigns, or a representative. They shall all, as the case may be,
Article 404. An orphan who is minor may, at the instance of any
make an inventory of the property. (196a)
relative or other person, obtain emancipation by concession upon
an order of the Court of First Instance. (322a)
Article 395. The provisions of the preceding article are understood
to be without prejudice to the action of petition for inheritance or
Article 405. For the concession and approval referred to in the
other rights which are vested in the absentee, his representatives or
preceding article it is necessary:
successors in interest. These rights shall not be extinguished save by
(1) That the minor be eighteen years of age;
lapse of time fixed for prescription. In the record that is made in the
(2) That he consent thereto; and
Registry of the real estate which accrues to the coheirs, the
(3) That the concession be deemed convenient for the minor.
circumstance of its being subject to the provisions of this article shall
The concession shall be recorded in the Civil Register. (323a)
be stated. (197)

Article 406. The provisions of article 399 are applicable to an orphan

Article 396. Those who may have entered upon the inheritance shall
who has been emancipated according to article 404. The court will
appropriate the fruits received in good faith so long as the absentee
give the necessary approval with respect to the contracts
does not appear, or while his representatives or successors in
mentioned in article 399. In litigations, a guardian ad litem for the
interest do not bring the proper actions. (198)
minor shall be appointed by the court. (324a)

TITLE XV
TITLE XVI
EMANCIPATION AND AGE OF MAJORITY
CIVIL REGISTER
CHAPTER 1
Article 407. Acts, events and judicial decrees concerning the civil
Emancipation
Article 397. Emancipation takes place: status of persons shall be recorded in the civil register. (325a)
(1) By the marriage of the minor;
(2) By the attainment of majority; Article 408. The following shall be entered in the civil register:
(3) By the concession of the father or of the mother who exercise (1) Births;
parental authority. (314) (2) marriages;
(3) deaths;
Article 398. Emancipation treated of in No. 3 of the preceding article (4) legal separations;
shall be effected in a public instrument which shall be recorded in (5) annulments of marriage;
the Civil Register, and unless so recorded, it shall (6)judgments declaring marriages void from the beginning;
take no effect against third persons. (316a) (7) legitimations;
(8) adoptions;
(9)acknowledgments of natural children;
(10) naturalization;
(11) loss, or
(12) recovery ofcitizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
15) voluntaryemancipation of a minor; and
(16) changes of name. (326a)

Article 409. In cases of legal separation, adoption, naturalization and

other judicial orders mentioned in the preceding article, it shall be
the duty of the clerk of the court which issued the decree to
ascertain whether the same has been registered, and if this has not
been done, to send a copy of said decree to the civil registry of the
city or municipality where the court is functioning. (n)

Article 410. The books making up the civil register and all documents
relating thereto shall be considered public documents and shall be
prima facie evidence of the facts therein contained.(n)
Article 411. Every civil registrar shall be civilly responsible for any
unauthorized alteration made in any civil register, to any person
suffering damage thereby. However, the civil registrar
may exempt himself from such liability if he proves that he has taken
every reasonable precaution to prevent the unlawful alteration. (n)

Article 412. No entry in a civil register shall be changed or corrected,

without a judicial order.(n)

Article 413. All other matters pertaining to the registration of civil

status shall be governed by special laws. (n)