RIGHTS AND OBLIGATIONS BETWEEN Art. 76.

In order that any modification in the

HUSBAND AND WIFE marriage settlements may be valid, it must be
Art. 68. The husband and wife are obliged to: made before the celebration of the marriage,
- live together subject to the provision of Articles 66, 67, 128,
- observe mutual love, respect and 136, and 136.
fidelity
- render mutual help and support Art. 77. The marriage settlements and any
modification thereof shall be
Art. 69. The husband and wife shall fix the - in writing
family domicile (disagreement = court) - signed by the parties and executed
before the celebration of the marriage
Art. 70. The spouses are jointly responsible for - executed before the celebration of the
the support the family. marriage
- community property - marriage must be celebrated
- income/fruits of their separate - duly registered in the civil registry and
properties registry of property in order to bind
- separate properties third persons

Art. 71. The management of the household Art. 78. A minor who according to law may
shall be the right and duty of both spouses. contract marriage may also execute his/her
marriage settlements, but they shall be valid
Art. 72. When one of the spouses neglects only if the person designated in Article 14 to
his/her duties to the conjugal union or commits give consent to the marriage are made parties
acts which tend to bring danger, dishonour or to the agreement, subject to the provision of
injury to the other or to the family, the Title IX of this code.
aggrieved party may apply to the court for
relief. Art. 79. For the validity of any marriage
settlement executed by a person upon whom a
Art. 73. Either spouses may exercise any sentence of civil interdiction has been
legitimate professions, occupation, business or pronounced or who is subject to any other
activity without the consent of the other. The disability, it shall be indispensable for the
latter may object only on valid, serious, and guardian appointed by a competent court to be
moral grounds. made a party thereto.

In case of disagreement, the court shall decide Art. 80. In the absence of a contrary stipulation
whether or not: in a marriage settlement, the property relations
- objection is proper of the spouses shall be governed by Philippine
- benefit has accrued to the family prior laws, regardless of the place of the celebration
to the objection or thereafter of marriage and their residence.

If wife engages in business: Not apply:

a) if husband consented = ALL properties will be - both spouses are aliens
liable - extrinsic validity of contracts affecting
b) no express or implied consent = only the property not situated in the PH and
community and the separate properties of the executed outside
wife will be liable - extrinsic validity of contracts entered
into in the PH but affecting property
Art. 74. The property relations between situated outside
husband and wife shall be governed in the
following order: Art. 81. Everything stipulated in the settlements
1) marriage settlement before the marriage or contracts referred to in the preceding articles
2) provision of this code in consideration of the future marriage,
3) local custom including donations between the prospective
spouses made therein, shall be rendered void if
Art. 75. The future spouses may, in the marriage the marriage does not take place. However,
settlements, agree upon the regime of stipulations that do not depend upon the
- absolute community celebration of marriage shall be valid.
- conjugal partnership of gains
- complete separation of property DONATIONS BY REASON OF MARRIAGE
Art. 82. Donations by reason of marriage are
in the absence of marriage settlement = those which are made before its celebration, in
absolute community of property consideration of the same, and in favour of one
or both of the future spouses.
Donations propter nuptias = wedding gifts - Personal and exclusive use of either
BEFORE the marriage spouses
- Property acquired before the marriage
Art. 83. These donations are governed by the by either spouse
rules on ordinary donations established in Title
III of Book III of the Civil Code, insofar as they Art. 93. Property acquired during the marriage
are not modified by the following articles. is presumed to belong to the community,
unless it is proved that it is one of those
Art. 84. If the future spouses agree upon a excluded therefrom.
regime other than the absolute community of
property, they cannot donate to each other in Art. 94. The absolute community of property
their marriage settlements more than 1/5 of shall be liable for:
their present property. Any excess shall be - Support of the spouses, common
considered void. children and legitimate children
- All debts and obligations contracted
Art. 85. Donations by reason of marriage of during the marriage
property subject to encumbrance shall be - Debts and obligations contracted by
valid. either spouse w/o consent of the other
- All taxes, liens, charges and expenses
In case of foreclosure = donee shall have no upon the community property
obligation - All taxes and expenses for mere
preservation made during marriage
Art. 86. Donation propter nuptias may be upon the separate property used by the
revoked by the donor in the ff: family
- not celebrated/void ab initio - Expenses to enable either spouse to
- w/o consent of parents commence or complete course
- marriage is annulled or bad faith - Antenuptial debts of either spouse that
- legal separation, the done is the guilty benefit the family
spouse - For their common legitimate children
- resolutory condition course
- donee is ingratitude - Antenuptial debts of either spouse for
their illegitimate children and liabilities
Art. 87. Every donation or grant of gratuitous acted in bad faith
advantage, direct or indirect, between the - Expenses of litigation between spouses
spouses during the marriage shall be void. unless the suit is found to be groundless

SYSTEM OF ABSOLUTE COMMUNITY Art. 95. Whatever may be lost during the
Art. 88. The absolute community of property marriage in any game of chance, betting,
between spouses shall commence at the precise sweepstakes, or any other kind of gambling,
moment that the marriage is celebrated. whether permitted or prohibited by law shall be
- Automatic borne by the loser and shall not be charged to
the community but any winnings therefrom
Art. 89. No waivers of rights, interest, shares shall form part of the community of property.
and effects of the absolute community of
property during the marriage can be made Art. 96. The administration and enjoyment of
except in case of judicial separation of property. the community of property shall belong to both
spouses jointly.
Art. 90. The provisions on co-ownership shall
apply to the absolute community of property Disagreement = husband’s decision shall prevail
between the spouses in all matters not provided (5 years from the date of contract)
for in this chapter.
Art. 97. Either spouse may dispose by will of his
Art. 91. Unless otherwise provided in this or her interest in the community property (not
Chapter or in the marriage settlements, the greater than 1/2)
community property shall consist of all the
property owned by the spouses at the time of Art. 98. Neither spouse may donate any
the celebration of marriage or acquired community property without the consent of
thereafter. the other. However, either spouse may, without
the consent of the other, make moderate
Art. 92. The following shall be excluded from donations from the community property for
the community property: charity or on occasion of family rejoicing or
- Acquired during the marriage by family distress.
gratuitous title by either spouse
Art. 99. The absolute community terminates: Art. 104. Whenever the liquidation of the
- Death of either spouse community properties of two or more
- Decree of legal separation marriages contracted by the same person
- Marriage is annulled or declared void before the effectivity of this code is carried out
- Judicial separation of property during simultaneously, the respective capital, fruits
the marriage and income of each community shall be
determined upon such proof as may be
Art. 100. The separation in fact between considered according to the rules of evidence.
husband and wife shall not affect the regime of
absolute community except that: Doubt = divided in proportion to the capital
- The spouse who leaves the conjugal and duration of each
home or refuses to live therein shall not
have the right to be supported CONJUGAL PROPERTY OF GAINS
- If consent is required by law, judicial Art. 105. In case the future spouses agree in the
authorization shall be obtained in a marriage settlements that the regime of
summary proceedings conjugal partnership of gains shall govern their
- If insufficient, the separate property of property relations during marriage, the
both spouses shall be solidarily liable provisions in this chapter shall be
for the support of the property supplementary application.

Art. 101. If one spouse fails to comply with his Art. 106. Under the regime of conjugal
or her obligations to the family, the aggrieved partnership of gains, the husband and wife
spouse may petition for judicial separation of place in a common fund the proceeds,
property or for authority to be the sole products, fruits and income from their
administrator of the absolute community separate properties and those acquired by
subject to precautionary conditions as the court either or both spouses through their efforts, or
may impose. by chance and upon dissolution of the marriage
or of the partnership of gains or benefits
Abandoned if: obtained by either or both spouses shall be
- No intention of returning divided equally between them, unless
- 3 mos and failed to give any otherwise agreed in the marriage settlements.
information as to his/her whereabouts
Art. 107. The rules provided in Articles 88 and
Art. 102. Upon dissolution of the absolute 89 shall also apply to conjugal partnership of
community regime, the following procedure gains.
shall apply:
- Inventory listing separately all the Art. 108. The conjugal partnership shall be
properties of the absolute community governed by the rules on the contract of
- Debts and obligations of the absolute partnership in all that is not in conflict with
community shall be paid out of its what is expressly determined in this Chapter or
assets by the spouses in their marriage settlements.
- Whatever remains of the exclusive
properties of the spouses shall Art. 109. The following shall be exclusive
thereafter be delivered to each of them property of each spouse:
- Net remainder of the properties of the - brought to the marriage as his or her
absolute community shall constitute its own
net assets = divided equally - acquired during the marriage by
- Presumptive legitimes of the common gratuitous title
children shall be delivered - acquired by right of redemption, by
- Conjugal dwelling = spouse with barter or by exchange with property
majority of the common children belonging to only one of the spouse
- purchased with exclusive money of the
Art. 103. Upon the termination of the marriage wife or husband
by death, the community property shall be
liquidated in the same proceeding for the Art. 110. The spouses retain the ownership,
settlement of the estate of the deceased. possession, administration, and enjoyment of
their exclusive properties.
If not last will the surviving spouse shall
liquidate within 1 year from the death. If upon Art. 111. Either spouse of age may mortgage,
the lapse of the year and no liquidation is made, encumber, alienate or otherwise dispose of his
any disposition or encumbrance involving the or her exclusive property.
community property shall be void.

If remarriage = complete separation of property

Art. 112. The alienation of any exclusive before the improvement is greater, the whole
property of a spouse administered by the other thing belongs to the owner-spouse.
automatically terminated the administration
over such property and the proceeds of the Art. 121. Conjugal partnership shall be liable
alienation shall be turned over to the owner- for:
spouse. - support of the family
- all debts and obligations w/ consent
Art. 113. Property donated or left by will to the contracted during the marriage
spouses, jointly and with designation of - debts and obligations w/ consent but
determinate shares, shall pertain to the donee- benefited the family
spouse as his or her own exclusive property, - all taxes, liens, charges and expenses
and in the absence of designation, share and for repairs of conjugal properties
share alike, without prejudice to the right of - all taxes and expenses for mere
accretion when proper. preservation during marriage
- expenses for profession or self-
Art. 114. If the donations are onerous, the improvement of either spouse
amount of the charges shall be borne by the - Antenuptial debts of either spouse that
exclusive property of the donee spouse, benefited the family
whenever they have been advanced by the - School and self-improvement of
conjugal partnership of gains. common legitimate children
- Expenses of litigation between the
Art. 115. Retirement benefits, pension, spouses
annuities, gratuities, usufructs, and similar
benefits shall be governed by the rules on Art. 122. The payment of personal debts
gratuitous or onerous acquisitions as may be contracted by the husband or wife before or
proper in each case. during the marriage shall not be charged to the
conjugal partnership except if it benefited the
Art. 116. All property acquired during the family.
marriage whether the acquisition appears to
have been made, contracted or registered in Art. 123. Whatever may be lost during the
the name of one or both spouses, is presumed marriage in any game of chance shall be borne
to be conjugal unless the contrary is provided. by the loser and not be charged in the
partnership.
Art. 117. The following are conjugal partnership
properties: Art. 124. The administration of the Conjugal
- acquired by onerous title during the Partnership property shall belong to both
marriage at the expense of the common spouses jointly.
fund
- labor, industry, work or profession of In case of disagreement = husband prevails
either/both spouses
- fruits, natural, industrial or civil, due or Art. 125. Neither spouse may donate any
received during the marriage from conjugal partnership property without the
common property consent of the other.
- share or either spouse in the hidden
treasures Art. 126. The conjugal partnership terminates:
- occupation such as fishing or hunting - Death of either spouse
- livestock existing upon the dissolution - Legal separation
of the partnership in excess of the - Annulled or declared void
number of each kind brought to the - Judicial separation
marriage by either spouse
- acquired by chance (losses = no) Art. 127. The separation in fact between
husband and wife shall not affect the regime of
Art. 118. Property bought on installments paid conjugal partnership, except that:
partly from exclusive funds and partly from - Spouse leaves the conjugal home shall
conjugal funds belongs to the buyer. have no right to be supported
- Consent of one spouse to any
Art. 119. Whenever an amount or credit transaction of the other is required by
payable within a period of time belongs to one law, judicial authorization shall be
of the spouses shall be exclusive property. obtained in a summary proceeding
Interest during the marriage is conjugal. - If conjugal property is insufficient =
exclusive property is used
Art. 120. If the value of the land after
improvement is greater it belongs to the
conjugal property, but if the value of the land is
Art. 128. If a spouse without just cause Art. 135. Any of the following shall be
abandons the other or fails to comply with his considered sufficient cause for judicial
or her obligations to the family, the aggrieved separation of property:
spouse may petition the court: - Spouse has been sentenced to a penalty
- Receivership which carries with it civil interdiction
- Judicial separation of property - Spouse has been judicially declared
- Authority to be the sole administrator absentee
of the conjugal partnership - Loss of parental authority of the spouse
decreed by court
Art. 129. Upon the dissolution of the conjugal - Spouse has abandoned or failed to
partnership regime, the following procedure comply with his/her obligations to the
shall apply: family
- Inventory of all properties - Spouse granted the power of
- Amounts advanced by the conjugal administration in the marriage
partnership settlements has abused that power
- Each spouse shall be reimbursed for the - Spouses have been separated in fact for
use of his/her exclusive funds in the atleast 1 year and no reconciliation
acquisition of property
- Pay all debts and obligations Art. 136. The spouses may jointly file a verified
- Whatever remains of the exclusive petition with the court for the voluntary
properties shall be delivered to them dissolution of the absolute community for the
- Net remainder of the conjugal separation of their common properties.
partnership properties shall be divided
equally Art. 137. Once the separation of property has
- Presumptive legitimes shall be delivered been decreed the absolute community or the
upon partition conjugal partnership of gains shall be liquidated
- Conjugal dwelling and the lot where it in conformity with this code.
stands shall belong to the spouse whom
the majority of the common children Art. 138. After dissolution of the absolute
choose to remain community or of the conjugal partnership, the
provisions on complete separation of property
Art. 130. Upon the termination of the marriage shall apply.
by death, the conjugal property shall be
liquidated in the same proceeding for the Art. 139. The petition for separation of
settlement of the estate of the deceased. property and the final judgment granting the
same shall be recorded in the proper local civil
Art. 131. Whenever the liquidation of the registries of property.
conjugal partnership properties of two or more
marriages contracted by the same person Art. 140. The separation of property shall not
before the effectivity of this code. prejudice the rights previously acquired by
creditors.
Art. 132. The Rules of Court on the
administration of estates of deceased persons Art. 141. The spouses may, in the same
shall be observed in the appraisal and sale of proceedings where separation of property was
property of the conjugal partnership, and other decreed, file a motion in court for a decree
matters which are not expressly determined in reviving the property regime that existed
this Chapter. between them before the separation of
property in any of the following instance:
Art. 133. From the common mass of property - Civil interdiction terminates
support shall be given to the surviving spouse - Absentee spouse appears
and to the children during the liquidation of the - Spouse granted the power of
inventoried property and until shat belongs to administration in the marriage
them is delivered. settlements will not again abuse that
power
SEPARATION OF PROPERTY OF THE SPOUSES - Spouse who left the conjugal home
AND ADMINISTRATION OF COMMON without a decree of legal separation
PROPERTY BY ONE SPOUSE DURING THE resumes common life with the other
MARRIAGE - Parental authority is restored to the
Art. 134. In the absence of an express spouse previously deprived of
declaration in the marriage settlements, the - Spouses separated for atleast 1 year,
separation of property between spouses reconcile and resume common life
during the marriage shall not take place except - After voluntary dissolution they agree
by judicial order. to the revival of the former property
regime
Art. 142. The administration of all classes of shown that no such efforts were in fact made,
exclusive property of either spouse may be the case must be dismissed.
transferred by the court of other spouse:
- Becomes the guardian of the other THE FAMILY HOME
- Judicially declared and absentee Art. 152. The family home, constituted jointly
- Sentences to a penalty which carries by the husband and the wife or by an unmarried
with it civil interdiction head of the family, Is the dwelling house where
- Becomes a fugitive from justice or is in they and their family reside, and the land on
hiding as an accused in a criminal case which it is situated.

REGIME OF SEPARATION OF PROPERTY Art. 153. The family home is deemed

Art. 143. Should the future spouses agree in the constituted on a house and lot from the time it
marriage settlements that their property is occupied as a family residence. From the time
relations during marriage shall be governed by of its constitution and so long as any of its
the regime of separation of property, the beneficiaries actually resides therein, the family
provisions of this Chapter shall be suppletory. home continues to be such and is exempt from
execution, forced sale or attachment except as
Art. 144. Separation of property may refer to hereinafter provided and to the extent of the
present or future property or both. It may be value allowed by law.
total or partial. In the latter case, the property
not agreed upon as separate shall pertain to the Art. 154. The beneficiaries of a family home
absolute community. are:
- Husband and wife/ unmarried person
Art. 145. Each spouse shall own, dispose of, who is the head of the family
possess, administer and enjoy his/her own - Parents, ascendants, descendants,
separate estate, without the consent of other. brothers and sisters

Art. 146. Both spouses shall bear the family Art. 155. The family home shall be exempt from
expenses in proportion to their income or their execution forced sale or attachment except:
separate properties. - Non-payment of taxes
- Debts incurred prior to the constitution
PROPERTY REGIME OF UNIONS WITHOUT of the family home
MARRIAGE - Debts secured by mortgages
Art. 147. When a man and a woman who are - Debts due to laborers, mechanics,
capacitated to marry each other, live exclusively architect etc who have rendered
with each other without the benefit of marriage services or furnished material for the
= rules of co-ownership (EQUAL) construction of the building

Art. 148. In cases of cohabitation not falling Art. 156. The family home must be a part of the
under the preceding Article, only the properties properties of the absolute community of
acquired by both of the parties through their property/conjugal partnership or of the
actual joint contribution of money, property, exclusive properties of either spouse with the
industry shall be owned by them in common in latter’s consent.
proportion to their respective contributions.
Art. 157. The actual value of the family home
THE FAMILY AS AN INSTITUTION shall not exceed, at the time of its constitution,
Art. 149. The family, being the foundation of the the amount of three hundred thousand pesos in
nation, is a basic social institution which public urban areas, and two hundred thousand pesos
policy cherishes and protects. Consequently, in rural areas, or such amounts as may here be
family relations are governed by law and no fixed by law.
custom, practice or agreement destructive of
the family shall be recognized or given effect. Art. 158. The family home may be sold,
alienated, donated, assigned or encumbered by
Art. 150. Family relations includes those: the owners thereof with the written consent of
- Husband and wife the person constituting the same, and a
- Parents and children majority of the beneficiaries of legal age.
- Ascendants and descendants
- Brothers and sisters Conflict = court’s decision

Art. 151. No suit between members of the same Art. 159. The family home shall continue
family shall prosper unless it should appear despite the death of either spouse for a period
from the verified complaint or petition that of 10 years or for as long as there is a minor
earnest efforts toward a compromise have been beneficiary and no partition shall happen.
made, but that the same have failed. If it is
Art. 160. When a creditor whose claim is not Art. 169. The legitimacy or illegitimacy of a child
among those mentioned in Article 155 obtains a born after three hundred days following the
judgment in his favor, and he has reasonable termination of the marriage shall be proved by
grounds to believe that the family home is whoever alleges such legitimacy or illegitimacy.
actually worth more than the maximum amount
fixed by law, he may apply to the court which Art. 170. The action to impugn the legitimacy of
rendered the judgment for an order directing the child shall be brought within 1 year from the
the sale of the property under execution. knowledge if the birth or its recording in the
civil registrar, if the husband or, in a proper
Art. 161. For purposes of availing of the benefits case, any of his heirs, should reside in the city or
of a family home as provided for in this chapter, municipality where the birth took place or was
a person may constitute, or be the beneficiary recorded.
of, only one family home.
Art. 171. The heirs of the husband may impugn
Art. 162. The provisions in this Chapter shall the filiation of the child within the period
also govern existing family residences insofar as prescribed in the proceeding article only in the
said provisions are applicable. following cases:
- Husband should die before the
LEGITIMATE CHILDREN expiration of the period fixed for
Art. 163. The filiation of children may be by bringing his action
nature or by adoption. Natural filiation may be - He should die after the filing of the
legitimate or illegitimate. complaint without having desisted
therefrom
Art. 164. Children conceived or born during the - Child was born after the death of the
marriage of the parents are legitimate. husband

Art. 165. Children conceived or born outside a PROOF OF FILIATION

valid marriage are illegitimate, unless Art. 172. The filiation of legitimate children is
otherwise provided in this code. established by any of the following:
- Record of birth appearing in the civil
Art. 166. Legitimacy of a child may be impugned registrar or a final judgment
only on the following grounds: - Admission of legitimate filiation in a
- Physically impossible for the husband to public document or private signed by
have sexual intercourse with his wife the parent concerned
within the first 120 days of the 300 days In the absence of the foregoing evidence, the
which immediately preceded the birth legitimate filiation shall be proved by:
of the child because of: - Open and continuous possession of the
o Physical incapacity status of a legitimate child
o Living separately - Any other means allowed by the rules
o Serious illness of the husband of court and special laws
- Proved that for biological or other
scientific reasons Art. 173. The action to claim legitimacy may
- Conceived through artificial be brought by the child during his or her
insemination was obtained through lifetime and shall be transmitted to the heirs
fraud, mistake, etc. should the child die during minority or in a
state of insanity. In these case the heirs shall
Art. 167. The child shall be considered have a period of five years within which to
legitimate although the mother may have institute the action.
declared against its legitimacy or may have
been sentences as an adulteress. Art. 174. Legitimate children shall have the
right:
Art. 168. If the marriage is terminated and the - Bear the surnames of the father and the
mother contracted another marriage within mother
three hundred days after such termination of - Receive support from their parents,
the former marriage, these rules shall govern in their ascendants and their siblings
the absence of proof to the contrary: - Entitled to the legitime and other
- Child born before 108 days after the successional rights granted to them by
solemnization of the subsequent the civil code
marriage provided it be born within 300
days after the termination of the former ILLEGITIMATE CHILDREN
marriage (former marriage) Art. 175. Illegitimate children may establish
- Child born after 108 days following the their legitimate filiation in the same way and
celebration of the subsequent marriage on the same evidence as legitimate children.
(subsequent marriage)
Art. 176. Illegitimate children shall use the (legitimate/illegitimate); and brothers or sisters,
surname and shall be under the parental only the separate property of the person
authority of their mother and be entitled for obliged to give support shall be answerable
support. (1/2 of the legitimate share) provided that in case the obligor has no
separate property, the absolute community or
LEGITIMATED CHILDREN the conjugal partnership, if financially capable,
Art. 177. Only children conceived and born shall advance the support, which shall be
outside of wedlock of parents who, at the time deducted from the share of the spouse obliged
of the conception of the former, were not upon the liquidation of the absolute community
qualified by any impediment to marry each or of the conjugal partnership.
other, or were so disqualified only because
either or both of them were below 18 years of Art. 198. During the proceedings for legal
age, may be legitimated. separation or for annulment of marriage, the
spouses and their children shall be supported
Art. 178. Legitimation shall take place by a from the properties of the absolute community
subsequent valid marriage between parents. or the conjugal partnership. After the final
The annulment of a voidable marriage shall not judgment granting the petition the obligation of
affect the legitimation. mutual support between the spouses ceases.
However, in case of legal separation, the court
Art. 179. Legitimated children shall enjoy the may order that the guilty spouse shall give
same rights as legitimate children. support to the innocent one, specifying the
terms of such order.
Art. 180. The effect of legitimation shall retroact
to the time of the child’s birth. Art. 199. Whenever two or more persons are
obliged to give support, the liability shall
Art. 181. The legitimation of children who died devolve upon the following persons in the order
before the celebration of the marriage shall herein provided:
benefit their descendants. - Spouse
- Descendants in the nearest degree
Art. 182. Legitimation may be impugned only by - Ascendants in the nearest degree
those who are prejudiced in their rights, within - Brothers and sisters
5 years from the time their cause of action
accrues. Art. 200. When the obligation to give support
falls upon two or more persons, the payment
SUPPORT of the same shall be divided between them in
Art. 194. Support comprises everything proportion to the resources of each.
indispensable for sustenance, dwelling,
clothing, medical attendance, education and Art. 201. The amount of support, in the cases
transportation, in keeping with the financial referred to in Articles 195 and 196, shall be in
capacity of the family. proportion to the resources or means of the
giver and to the necessities of the recipient.
Art. 195. Subject to provisions of the succeeding
articles, the following are obliged to support Art. 202. Support in the cases referred to in the
each other to the whole extent set forth in the preceding article shall be reduced or increases
preceding article: proportionately, according to the reduction or
- Spouses increase of the necessities of the recipient and
- Legitimate ascendants and descendants the resources or means of the person obliged to
- Parents and their legitimate children furnish the same.
and the grandchildren
- Parents and their illegitimate children Art. 203. The obligation to give support shall be
and the grandchildren demandable from the time the person who has
- Legitimate brothers and sisters (full or a right to receive the same needs it for
half-blood) maintenance, but it shall not be paid except
from the date of judicial or extrajudicial
Art. 196. Brothers and sisters not legitimately demand.
related, whether of the full or half-blood, are
likewise bound to support each other to the Payment = 1st 5 days of each month
full extent set in Article 194, except only when
the need for support of the brother or sister, Art. 204. The person obliged to give support
being of age, is due to a cause imputable to the shall have the option to fulfill the obligation
claimant’s fault or negligence. either by paying the allowance fixed, or by
receiving and maintaining in the family
Art. 197. For the support of legitimate dwelling the person who has the right to
ascendants; descendants receive support.
Art. 205. The right to receive support under this Art. 214. In case of death, absence or
Title as well as any money or property obtained unsuitability of the parents, substitute parental
as such support shall not be levied upon on authority shall be exercised by the surviving
attachment or execution. grandparent.

Art. 206. When, without the knowledge of the Art. 215. No descendant shall be compelled in a
person obliged to give support, it is given by a criminal case, to testify against his parents and
stranger, the latter shall have a right to claim grandparents, except when such testimony is
the same from the former, unless it appears indispensable in a crime against the descendant
that he gave it without intention of being or by one parent against the other.
reimbursed.
SUBSTITUTE AND SPECIAL PARENTAL
Art. 207. When the person obliged to support AUTHORITY
another unjustly refuses or fails to give support Art. 216. In default of parents or a judicially
when urgently needed by the latter, any third appointed guardian, the following persons shall
person may furnish support to the needy exercise substitute authority over a child in the
individual, with right of reimbursement from order indicated:
the person obliged to give support. This article - Surviving grandparent
shall particularly apply when the father or - Oldest brother or sister, 21yrs old
mother of a child under the age of majority - Child’s actual custodian, 21yrs old
refuses to support or fails to give support to the
child when urgently needed. Art. 217 In case of foundlings, abandoned,
neglected or abused children and other
Art. 208. In case of contractual support or that children similarly situated, parental authority
given by will, the excess in amount beyond that shall be entrusted in summary judicial
required for legal support shall be subject to proceedings to heads of children’s homes,
levy on attachment or execution. orphanages and similar institutions duly
accredited by the proper government agency.
PARENTAL AUTHORITY
Art. 209. Pursuant to the natural right and duty Art. 218. The school, its administrators and
of parents over the person and property of their teachers, or the individual, entity or institution
unemancipated children, parental authority and engaged in child care shall have special
responsibility shall include the caring for and parental authority and responsibility over the
rearing of such children for civic consciousness minor child while under their supervision,
and efficiency and the development of their instruction or custody.
moral, mental and physical character and well-
being. Art. 219. Those given the authority and
responsibility under the preceding Article shall
Art. 210. Parental authority and responsibility be principally and solidarily liable for damages
may not be renounced or transferred except in caused by the acts or omissions of the
the cases authorized by law. unemancipated minor. The parents, judicial
guardians or the persons exercising substitute
Art. 211. The father and the mother shall jointly parental authority over said minor shall be
exercise parental authority over the persons of subsidiarily liable.
their common children. In case of
disagreement, the father’s decision shall EFFECTS OF PARENTAL AUTHORITY UPON THE
prevail, unless there is a judicial order to the PERSONS OF THE CHILDREN
contrary. Art. 220. The parents and those exercising
parental authority shall have with respect to
Art. 212. In case of absence or death of either their unemancipated children or wards the
parent, the parent present shall continue following rights and duties:
exercising parental authority. The remarriage - Keep company, support, educate and
of the surviving partner shall not affect the good morals
parental authority over the children, unless the - Give love and affection, advice, counsel,
court appoints another person to be the companionship, etc
guardian of the person or property of the - Moral and spiritual guidance, honesty,
children. self-discipline and duties of citizenship
- Enhance, protect, preserve health
Art. 213. In case of separation of the parents, - Furnish with good and wholesome
parental authority shall be exercised by the educational materials, protect from bad
parent designated by the court. company
- Represent them in all matters affecting
Under 7 years old = mother unless contrary their interest
- Demand respect and obedience
 - Impose discipline Art. 227. If the parents entrust the
- Perform other duties as imposed by law management or administration of any of their
properties to an unemancipated child, the net
Art. 221. Parents and other persons exercising proceeds of such property shall belong to the
parental authority shall be civilly liable for the owner. The child shall be given a reasonable
injuries and damages caused by the acts or monthly allowance in an amount not less than
omissions of their unemancipated children that which the owner would have paid if the
living in their company and under their parental administrator were a stranger, unless the
authority subject to the appropriate defenses owner, grants the entire proceeds to the child.
provided by law. In any case, the proceeds thus given in whole or
in part shall not be charged to the child’s
Art. 222. The courts may appoint a guardian of legitime.
the child’s property, or a guardian ad litem
when the best interests of the child so requires. SUSPENSION OR TERMINATION OF PARENTAL
AUTHORITY
Guardian ad litem = appointed by the court to Art. 228. Parental authority terminates
prosecute or defend a case for the minor child’s permanently:
interest - Death of parents
- Death of a child
Art. 223. The parents or, in their absence or - Emancipation of the child
incapacity, the individual, entity or institution
exercising parental authority, may petition the Art. 229. Unless subsequently revived by a final
proper court of the place where the child judgment, parental authority also terminates:
resides, for an order providing disciplinary - Adoption of the child
measures over the child. The child shall be - Appointment of general guardian
entitled to the assistance of counsel, either of - Judicial declaration of abandonment of
his choice or appointed by the court, and a the child in a case filed for the purpose
summary hearing shall be conducted wherein - Final judgment of a competent court
the petitioner and the child shall be heard, divesting the party concerned of
parental authority
*plaintiff (complainant) can also be punished - Judicial declaration of absence and
incapacity of the person exercising
Art. 224. The measures referred to in the parental authority
preceding article may include the commitment
of the child for not more than 30 days in entities Art. 230. Parental authority is suspended upon
or institutions engaged in child care or in conviction of the parent or the person
children’s home duly accredited by the proper exercising the same of a crime which carries
government agency. with it the penalty of civil interdiction.

Parents = provide support but not interfere Reinstated = served penalty/pardon/amnesty

EFFECT OF PARENTAL AUTHORITY UPON THE Art. 231. The court in an action filed for the
PROPERTY OF THE CHILDREN purpose or in a related case may also suspend
Art. 225. The father and mother shall jointly parental authority if the parent or the person
exercise legal guardianship over the property of exercising the same:
their unemancipated common child without the - Treats the child with harshness and
necessity of a court appointment. cruelty
- Gives corrupting orders, counsel,
Disagreement = fathers decision example
- Compels the child to beg
If the MF of the property or annual income - Subject the child to lasciviousness
exceeds 50,000 the parent should issue a bond *include cases which have resulted to culpable
but at least 10% of the value of the property or negligence of the parent or guardian
annual income
Art. 232. If the person exercising parental
Art. 226. The property of the unemancipated authority has subjected the child or allowed
child earned or acquired with his work or him to be subjected to sexual abuse, such
industry or by onerous or gratuitous title shall person shall be permanently deprived by the
belong to the child in ownership and shall be court of such authority.
devoted exclusively to the latter’s support and Art. 233. The person exercising substitute
education, unless the title or transfer provides parental authority shall have the same
otherwise. authority over the person of the child as the
parents.
School administrators, teacher and those petition should not be granted, on or before the
engaged in child care CANNOT inflict corporal date set in said notice for the initial conference.
punishment upon a child
Art. 243. A preliminary conference shall be
EMANCIPATION AND AGE OF MAJORITY conducted by the judge personally without the
Art. 234. Emancipation takes place by the parties being assisted by counsel. After the
attainment of majority = 18 YEARS OLD initial conference, if the court deems it useful,
the parties may be assisted by counsel at the
Art. 235. The provision governing emancipation succeeding conferences and hearings.
by recorded agreement shall also apply to an
orphaned minor and the person exercising Art. 244. In case of non-appearance of the
parental authority but the agreement must be spouse whose consent is sought, the court shall
approved by the court before it is recorded. inquire into the reasons for his failure to
appear, and shall require such appearance, if
Art. 236. Emancipation for any case shall possible.
terminate parental authority over the persons
and property of the child who shall then be Art. 245. If, despite all efforts, the attendance of
qualified and responsible for all acts of civil the non-consenting spouse is not secured, the
life. court may proceed ex parte and render
judgment as the facts and circumstances may
Art. 237. The annulment or declaration of warrant. In any case, the judge shall endeavour
nullity of the marriage of a minor or of the to protect interests of the non-appearing
recorded agreement mentioned in foregoing spouse.
articles 234 and 235 shall revive the parental
authority over the minor but shall not affect Art. 246. If the petition is not resolved at the
acts and transactions that took place prior to initial conference, said petition shall be decided
the recording of the final judgement in the Civil in a summary hearing on the basis of:
Registrar. - Affidavits
- Documentary evidence
SUMMARY JUDICIAL PROCEEDINGS IN THE - Oral testimonies at the sound discretion
FAMILY LAW of the court
SCOPE OF APPLICATION
Art. 238. Until modified by the Supreme Court, Art. 247. The judgment of the court shall be
the procedural rules provided for in this title immediately final and executory.
shall apply in all cases provided for in this Code
requiring summary court proceedings. Such Art. 248. The petition for judicial authority to
cases shall be decided in an expeditious manner administer or encumber specific separate
without regard to technical rules. property of the abandoning spouse and to use
the fruits or proceeds thereof for the support of
SEPARATION IN FACT the family shall also be governed by these rules.
Art. 239. When a husband and wife are
separated in fact, or one has abandoned the INCIDENTS INVOLVING PARENTAL AUTHORITY
other and one of them seeks judicial Art. 249. Petitions filed under Articles 223, 225,
authorization for a transaction where the and 235 of this Code involving parental
consent of the other spouse is required by law authority shall be verified.
but such consent is withheld or cannot be
obtained, a verified petition may be filed in Art. 250. Such petitions shall be verified and
court alleging the foregoing facts. filed in the proper court of the place where the
child resides.
Art. 240. Claims for damages by either spouse,
except costs of the proceedings, may be Art. 251. Upon the filing of the petition, the
litigated only in a separate action. court shall notify the parents or, in their
absence or incapacity, the individuals, entities
Art. 241. Jurisdiction over the petition shall, or institutions exercising parental authority over
upon proof of notice to the other spouse, be the child.
exercised by the proper court authorized to
hear family cases, if one exists, or in the Art. 252. The rules in Chapter 2 hereof shall also
regional trial court or its equivalent sitting in govern summary proceedings under this
the place where either of the spouses resides. Chapter insofar as they are applicable.
Art. 242. Upon filing of the petition, the court
shall notify the other spouse, whose consent to OTHER MATTERS SUBJECT TO SUMMARY
the transaction is required, of said petition, PROCEEDINGS
ordering said spouse to show cause why the Art. 253. The foregoing rules in Chapters 2 and 3
hereof shall likewise govern summary
proceedings filed under Articles 41, 51, 59, 73,
96, 124 and 217, insofar as they are applicable.

FINAL PROVISIONS
Art. 254. Titles III, IV, V, VI, VII, VIII, IX, XI and XV
of Book 1 of Republic Act No. 386, otherwise
known as the Civil Code of the Philippines, as
amended, and articles 17, 18, 19, 27, 28, 29, 30,
31, 39, 40, 41, and 42 of Presidential Decree No.
603, otherwise known as the Child and Youth
Welfare Code, as amended, and all laws,
decrees, executive orders, proclamations, rules
and regulations, or parts thereof, inconsistent
herewith are hereby repealed.

Art. 255. If any provision of this Code is held

invalid, all the other provisions not affected
thereby shall remain valid.

Art. 256. This Code shall have retroactive effect

insofar as it does not prejudice or impair vested
or acquired rights in accordance with the Civil
Code or other laws.

Art. 257. This Code shall take effect one year

after the completion of its publication in a
newspaper of general circulation, as certified by
the Executive Secretary, Office of the President.

August 3, 1988
 RA 8552 – DOMESTIC ADOPTION ACT OF 1998 - Spouse of the person adopting or to be
Sec. 3. Definition of terms adopted
Child – below 18 years old
Abandoned child – no proper parental Sec. 13. Decree of Adoption - court should be
care/guardian for atleast 6 mos. continuous and convinced that the adoption is for the benefit of
been judicially declared as such the adoptee
Simulation of birth – tampering of the civil
registry making it appear that a child is born to Sec. 14. Civil Registry Record – amended birth
a person not his/her biological mother certificate will be issued w/ the new surname

Sec. 7. Who may adopt? Sec. 15. Confidential Nature of Proceedings

A. - any Filipino citizen of legal age and Records – confidential and not open to
- full civil capacity & legal rights public
- good moral
- not convicted of crimes Sec. 16. Parental Authority – legal ties with the
- 16 yrs older than the adoptee who can biological parent is gone and vested on the
support and care for children adopter
WAIVED IF:
- adopter is the biological parent Sec. 17. Legitimacy – adoptee shall be
- spouse is the parent of the adoptee considered the same as legitimate children

B. - any alien same w/ Filipino Sec. 18. Succession – adoptee shall have
requirements reciprocal rights of succession same with the
- country has diplomatic relations w/ legitimate children
the Philippines
- living in the Philippines for atleast 3 Sec. 19. Ground for Rescission of Adoption
years and maintains residence here - Repeated physical and verbal
WAIVED IF: (residency) maltreatment
- former Filipino adopts a relative within the 4 th - Attempt of the life of the adoptee
degree of consanguinity/affinity - Sexual assault or violence
- seeks to adopt a legitimate child of his/her - Abandonment and failure to comply
Filipino spouse with parental obligations
- married to a Filipino and jointly adopts a
relative within the 4th degree

C. – guardian after the termination of the

guardianship and clearance of his/her
financial accountabilities

Generally = husband & wife shall jointly adopt

Sec. 8. Who may be adopted?

- below 18 years old and declared
available for adoption
- legitimate child of the one spouse by
the other spouse
- illegitimate child by a qualified adopter
to make the child legitimate
- person of legal age if treated by the
adopters as their own since minority
- child whose adoption had been
previously rescinded
- parents has died after 6mos

Sec. 9. Whose consent is necessary?

- Adoptee (10 years or older)
- Biological parents (if known)/ the
agency which is under custody of the
child
- Legitimate and adopted sons/daughters
(10 years or older)
- Illegitimate children (10 years or older)
and spouse if living with the adopter