EXECUTIVE ORDER NO. 209
EXECUTIVE ORDER NO. 209 - THE
FAMILY CODE OF THE PHILIPPINES
I,
CORAZON C. AQUINO, President of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby order and promulgate
the Family Code of the Philippines, as follows:
TITLE
I
Marriage
CHAPTER 1
Requisites of Marriage
ARTICLE 1. Marriage is a special contract of
permanent union between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject
to stipulation, except that marriage settlements may fix the property
relations during the marriage within the limits provided by this Code.
(52a)
ARTICLE 2. No marriage shall be valid, unless these
essential requisites are present:
(1)
Legal capacity of the contracting parties who must be a male and a
female; and
(2) Consent
freely given in the presence of the solemnizing officer. (53a)
ARTICLE 3. The formal requisites of marriage are:
(1)
Authority of the solemnizing officer;
(2) A valid
marriage license except in the cases provided for in Chapter 2 of this
Title; and
(3) A marriage
ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration
that they take each other as husband and wife in the presence of not
less than two witnesses of legal age. (53a, 55a)
ARTICLE 4. The absence of any of the essential or
formal requisites shall render the marriage void ab initio, except as
stated in Article 35 (a).
A defect in any of the essential requisites shall render the marriage
voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect the validity
of the marriage but the party or parties responsible for the
irregularity shall be civilly, criminally and administratively liable.
(n)
ARTICLE 5. Any male or female of the age of eighteen
years or upwards not under any of the impediments mentioned in Articles
37 and 38, may contract marriage. (54a)
ARTICLE 6. No prescribed form or religious rite for
the solemnization of the marriage is required. It shall be necessary,
however, for the contracting parties to appear personally before the
solemnizing officer and declare in the presence of not less than two
witnesses of legal age that they take each other as husband and wife.
This declaration shall be contained in the marriage certificate which
shall be signed by the contracting parties and their witnesses and
attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party at the point
of death is unable to sign the marriage certificate, it shall be
sufficient for one of the witnesses to the marriage to write the name
of said party, which fact shall be attested by the solemnizing officer.
(55a)
ARTICLE 7. Marriage may be solemnized by:
(1)
Any incumbent member of the judiciary within the court’s jurisdiction;
(2) Any
priest, rabbi, imam, or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the
civil registrar general, acting within the limits of the written
authority granted by his church or religious sect and provided that at
least one of the contracting parties belongs to the solemnizing
officer’s church or religious sect;
(3) Any ship
captain or airplane chief only in the cases mentioned in Article 31;
(4) Any
military commander of a unit to which a chaplain is assigned, in the
absence of the latter, during a military operation, likewise only in
the cases mentioned in Article 32;
(5) Any
consul-general, consul or vice-consul in the case provided in Article
10. (56a)
ARTICLE 8. The marriage shall be solemnized publicly
in the chambers of the judge or in open court, in the church, chapel or
temple, or in the office the consul-general, consul or vice-consul, as
the case may be, and not elsewhere, except in cases of marriages
contracted on the point of death or in remote places in accordance with
Article 29 of this Code, or where both of the parties request the
solemnizing officer in writing in which case the marriage may be
solemnized at a house or place designated by them in a sworn statement
to that effect. (57a)
ARTICLE 9. A marriage license shall be issued by the
local civil registrar of the city or municipality where either
contracting party habitually resides, except in marriages where no
license is required in accordance with Chapter 2 of this Title (58a)
ARTICLE 10. Marriages between Filipino citizens
abroad may be solemnized by a consul-general, consul or vice-consul of
the Republic of the Philippines. The issuance of the marriage license
and the duties of the local civil registrar and of the solemnizing
officer with regard to the celebration of marriage shall be performed
by said consular official. (75a)
ARTICLE 11. Where a marriage license is required,
each of the contracting parties shall file separately a sworn
application for such license with the proper local civil registrar
which shall specify the following:
(1)
Full name of the contracting party;
(2) Place of
birth;
(3) Age and
date of birth;
(4) Civil
status;
(5) If
previously married, how, when and where the previous marriage was
dissolved or annulled;
(6) Present
residence and citizenship;
(7) Degree of
relationship of the contracting parties;
(8) Full name,
residence and citizenship of the father;
(9) Full name,
residence and citizenship of the mother; and
(10) Full
name, residence and citizenship of the guardian or person having
charge, in case the contracting party has neither father nor mother and
is under the age of twenty-one years.
The applicants, their parents or guardians shall not be required to
exhibit their residence certificates in any formality in connection
with the securing of the marriage license. (59a)
ARTICLE 12. The local civil registrar, upon receiving
such application, shall require the presentation of the original birth
certificates or, in default thereof, the baptismal certificates of the
contracting parties or copies of such documents duly attested by the
persons having custody of the originals. These certificates or
certified copies of the documents required by this Article need not be
sworn to and shall be exempt from the documentary stamp tax. The
signature and official title of the person issuing the certificate
shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to produce his birth or
baptismal certificate or a certified copy of either because of the
destruction or loss of the original, or if it is shown by an affidavit
of such party or of any other person that such birth or baptismal
certificate has not yet been received though the same has been required
of the person having custody thereof at least fifteen days prior to the
date of the application, such party may furnish in lieu thereof his
current residence certificate or an instrument drawn up and sworn to
before the local civil registrar concerned or any public official
authorized to administer oaths. Such instrument shall contain the sworn
declaration of two witnesses of lawful age, setting forth the full
name, residence and citizenship of such contracting party and of his or
her parents, if known, and the place and date of birth of such party.
The nearest of kin of the contracting parties shall be preferred as
witnesses, or, in their default, persons of good reputation in the
province or the locality.
The presentation of birth or baptismal certificate shall not be
required if the parents of the contracting parties appear personally
before the local civil registrar concerned and swear to the correctness
of the lawful age of said parties, as stated in the application, or
when the local civil registrar shall, by merely looking at the
applicants upon their personally appearing before him, be convinced
that either or both of them have the required age. (60a)
ARTICLE 13. In case either of the contracting parties
has been previously married, the applicant shall be required to
furnish, instead of the birth or baptismal certificate required in the
last preceding article, the death certificate of the deceased spouse or
the judicial decree of the absolute divorce, or the judicial decree of
annulment or declaration of nullity of his or her previous marriage. In
case the death certificate cannot be secured, the party shall make an
affidavit setting forth this circumstance and his or her actual civil
status and the name and date of death of the deceased spouse.
(61a)
ARTICLE 14. In case either or both of the contracting
parties, not having been emancipated by a previous marriage, are
between the ages of eighteen and twenty-one, they shall, in addition to
the requirements of the preceding articles, exhibit to the local
civil registrar, the consent to their marriage of their father,
mother, surviving parent or guardian, or persons having legal charge
of them, in the order mentioned. Such consent shall be manifested
in writing by the interested party, who personally appears before the
proper local civil registrar, or in the form of an affidavit made in
the presence of two witnesses and attested before any official
authorized by law to administer oaths. The personal manifestation
shall be recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to said
applications. (61a)
ARTICLE 15. Any contracting party between the age of
twenty-one and twenty-five shall be obliged to ask their parents or
guardian for advice upon the intended marriage. If they do not obtain
such advice, or if it be unfavorable, the marriage license shall
not be issued till after three months following the completion of the
publication of the application therefor. A sworn statement by the
contracting parties to the effect that such advice has been sought,
together with the written advice given, if any, shall be attached to
the application for marriage license. Should the parents or
guardian refuse to give any advice, this fact shall be stated in the
sworn statement. (62a)
ARTICLE 16. In the cases where parental consent or
parental advice is needed, the party or parties concerned shall,
in addition to the requirements of the preceding articles, attach a
certificate issued by a priest, imam or minister authorized to
solemnize marriage under Article 7 of this Code or a marriage
counsellor duly accredited by the proper government agency to the
effect that the contracting parties have undergone marriage
counselling. Failure to attach said certificate of marriage counselling
shall suspend the issuance of the marriage license for a period of
three months from the completion of the publication of the
application. Issuance of the marriage license within the prohibited
period shall subject thessuing officer to administrative sanctions but
shall not affect the validity of the marriage.
Should only one of the contracting parties need parental consent or
parental advice, the other party must be present at the counselling
referred to in the preceding paragraph. (n)
ARTICLE 17. The local civil registrar shall prepare a
notice which shall contain the full names and residences of the
applicants for a marriage license and other data given in the
applications. The notice shall be posted for ten consecutive days
on a bulletin board outside the office of the local civil registrar
located in a conspicuous place within the building and accessible to
the general public. This notice shall request all persons having
knowledge of any impediment to the marriage to advise the local civil
registrar thereof. The marriage license shall be issued after the
completion of the period of publication. (63a)
ARTICLE 18. In case of any impediment known to the
local civil registrar or brought to his attention, he shall note down
the particulars thereof and his findings thereon in the application for
marriage license, but shall nonetheless issue said license after
the completion of the period of publication, unless ordered otherwise
by a competent court at his own instance or that of any
interested party. No filing fee shall be charged for the petition nor a
corresponding bond required for the issuances of the order.
(64a)
ARTICLE 19. The local civil registrar shall require
the payment of the fees prescribed by law or regulations before the
issuance of the marriage license. No other sum shall be collected
in the nature of a fee or tax of any kind for the issuance of
said license. It shall, however, be issued free of charge to indigent
parties, that is those who have no visible means of income or whose
income is insufficient for their subsistence, a fact established by
their affidavit, or by their oath before the local civil registrar.
(65a)
ARTICLE 20. The license shall be valid in any part of
the Philippines for a period of one hundred twenty days from the date
of issue, and shall be deemed automatically cancelled at the expiration
of the said period if the contracting parties have not made use of it.
The expiry date shall be stamped in bold characters on the face of
every license issued. (65a)
ARTICLE 21. When either or both of the contracting
parties are citizens of a foreign country, it shall be necessary
for them before a marriage license can be obtained, to submit a
certificate of legal capacity to contract marriage, issued by
their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of
the certificate of legal capacity herein required, submit an affidavit
stating the circumstances showing such capacity to contract marriage.
(66a)
ARTICLE 22. The marriage certificate, in which the
parties shall declare that they take each other as husband and wife,
shall also state:
(1)
The full name, sex and age of each contracting party;
(2) Their
citizenship, religion and habitual residence;
(3) The date
and precise time of the celebration of the marriage;
(4) That the
proper marriage license has been issued according to law, except in
marriage provided for in Chapter 2 of this Title;
(5) That
either or both of the contracting parties have secured the parental
consent in appropriate cases;
(6) That
either or both of the contracting parties have complied with the legal
requirement regarding parental advice in appropriate cases; and
(7) That the
parties have entered into marriage settlement, if any, attaching a copy
thereof. (67a)
ARTICLE 23. It shall be the duty of the person
solemnizing the marriage to furnish either of the contracting parties
the original of the marriage certificate referred to in Article 6
and to send the duplicate and triplicate copies of the certificate not
later than fifteen days after the marriage, to the local civil
registrar of the place where the marriage was solemnized. Proper
receipts shall be issued by the local civil registrar to the
solemnizing officer transmitting copies of the marriage certificate.
The solemnizing officer shall retain in his file the quadruplicate copy
of the marriage certificate, the original of the marriage license and,
in proper cases, the affidavit of the contracting party regarding the
solemnization of the marriage in place other than those mentioned in
Article 8. (68a)
ARTICLE 24. It shall be the duty of the local civil
registrar to prepare the documents required by this Title, and to
administer oaths to all interested parties without any charge in both
cases. The documents and affidavits filed in connection with
applications for marriage licenses shall be exempt from documentary
stamp tax. (n)
ARTICLE 25. The local civil registrar concerned shall
enter all applications for marriage licenses filed with him in a
registry book strictly in the order in which the same are received. He
shall record in said book the names of the applicants, the date on
which the marriage license was issued, and such other data as may be
necessary. (n)
ARTICLE 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the country where
they were solemnized, and valid there as such, shall also be valid in
this country, except those prohibited under Articles 35 (1), (4),
(5) and (6), 36, 37 and 38. (71a)
Where a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the
alien spouse capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law. (As amended by
Executive Order 227)
CHAPTER
2
Marriages Exempted from License
Requirement
ARTICLE 27. In case either or both of the contracting
parties are at the point of death, the marriage may be solemnized
without necessity of a marriage license and shall remain valid even if
the ailing party subsequently survives. (72a)
ARTICLE 28. If the residence of either party is so
located that there is no means of transportation to enable such party
to appear personally before the local civil registrar, the marriage may
be solemnized without necessity of a marriage license. (72a)
ARTICLE 29. In the cases provided for in the two
preceding articles, the solemnizing officer shall state in an affidavit
executed before the local civil registrar or any other person legally
authorized to administer oaths that the marriage was performed in
articulo mortis or that the residence of either party, specifying the
barrio or barangay, is so located that there is no means of
transportation to enable such party to appear personally before the
local civil registrar and that the officer took the necessary steps to
ascertain the ages and relationship of the contracting parties and the
absence of legal impediment to the marriage. (72a)
ARTICLE 30. The original of the affidavit required in
the last preceding article, together with the legible copy of the
marriage contract, shall be sent by the person solemnizing the marriage
to the local civil registrar of the municipality where it was
performed within the period of thirty days after the performance of the
marriage. (75a)
ARTICLE 31. A marriage in articulo mortis between
passengers or crew members may also be solemnized by a ship captain or
by an airplane pilot not only while the ship is at sea or the plane is
in flight, but also during stopovers at ports of call. (74a)
ARTICLE 32. A military commander of a unit, who is a
commissioned officer, shall likewise have authority to solemnize
marriages in articulo mortis between persons within the zone of
military operation, whether members of the armed forces or civilians.
(74a)
ARTICLE 33. Marriages among Muslims or among members
of the ethnic cultural communities may be performed validly without the
necessity of marriage license, provided they are solemnized in
accordance with their customs, rites or practices. (78a)
ARTICLE 34. No license shall be necessary for the
marriage of a man and a woman who have lived together as husband and
wife for at least five years and without any legal impediment to marry
each other. The contracting parties shall state the foregoing
facts in an affidavit before any person authorized by law to administer
oaths. The solemnizing officer shall also state under oath that
he ascertained the qualifications of the contracting parties and found
no legal impediment to the marriage. (76a)
CHAPTER
3
Void and Voidable Marriages
ARTICLE 35. The following marriages shall be void
from the beginning:
(1)
Those contracted by any party below eighteen years of age even with the
consent of parents or guardians;
(2) Those
solemnized by any person not legally authorized to perform marriages
unless such marriages were contracted with either or both parties
believing in good faith that the solemnizing officer had the legal
authority to do so;
(3) Those
solemnized without license, except those covered the preceding Chapter;
(4) Those
bigamous or polygamous marriages not falling under Article 41;
(5) Those
contracted through mistake of one contracting party as to the identity
of the other; and
(6) Those
subsequent marriages that are void under Article 53.
ARTICLE 36. A marriage contracted by any party who,
at the time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes manifest only after
its solemnization. (As amended by Executive Order 227)
ARTICLE 37. Marriages between the following are
incestuous and void from the beginning, whether the relationship
between the parties be legitimate or illegitimate:
(1)
Between ascendants and descendants of any degree; and
(2) Between
brothers and sisters, whether of the full or half blood. (81a)
ARTICLE 38. The following marriages shall be void
from the beginning for reasons of public policy:
(1)
Between collateral blood relatives whether legitimate or illegitimate,
up to the fourth civil degree;
(2) Between
step-parents and step-children;
(3) Between
parents-in-law and children-in-law;
(4) Between
the adopting parent and the adopted child;
(5) Between
the surviving spouse of the adopting parent and the adopted child;
(6) Between
the surviving spouse of the adopted child and the adopter;
(7) Between an
adopted child and a legitimate child of the adopter;
(8) Between
adopted children of the same adopter; and
(9) Between
parties where one, with the intention to marry the other, killed that
other person’s spouse, or his or her own spouse. (82)
ARTICLE 39. The action or defense for the declaration
of absolute nullity shall not prescribe. However, in case of
marriages celebrated before the effectivity of this Code and falling
under Article 36, such action or defense shall prescribe in ten years
after this Code shall taken effect. (As amended by Executive Order 227)
(n)
ARTICLE 40. The absolute nullity of a previous
marriage may be invoked for purposes of remarriage on the basis solely
of a final judgment declaring such previous marriage void. (n).
ARTICLE 41. A marriage contracted by any person
during subsistence of a previous marriage shall be null and void,
unless before the celebration of the subsequent marriage, the prior
spouse had been absent for four consecutive years and the spouse
present has a well-founded belief that the absent spouse was already
dead. In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of the
Civil Code, an absence of only two years shall be
sufficient.
For the purpose of contracting the subsequent marriage under the
preceding paragraph, the spouse present must institute a summary
proceeding as provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of reappearance
of the absent spouse. (83a)
ARTICLE 42. The subsequent marriage referred to in
the preceding Article shall be automatically terminated by the
recording of the affidavit of reappearance of the absent spouse, unless
there is a judgment annulling the previous marriage or declaring it
void ab initio.
A sworn statement of the fact and circumstances of reappearance shall
be recorded in the civil registry of the residence of the parties to
the subsequent marriage at the instance of any interested person, with
due notice to the spouses of the subsequent marriage and without
prejudice to the fact of reappearance being judicially determined
in case such fact is disputed. (n)
ARTICLE 43. The termination of the subsequent
marriage referred to in the preceding Article shall produce the
following effects:
(1)
The children of the subsequent marriage conceived prior to its
termination shall be considered legitimate, and their custody and
support in case of dispute shall be decided by the court in a proper
proceeding;
(2) The
absolute community of property or the conjugal partnership, as the case
may be, shall be dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her share of the net
profits of the community property or conjugal partnership
property shall be forfeited in favor of the common children or, if
there are none, the children of the guilty spouse by a previous
marriage or in default of children, the innocent spouse;
(3) Donations
by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee
are revoked by operation of law;
(4) The
innocent spouse may revoke the designation of the other spouse who
acted in bad faith as beneficiary in any insurance policy, even
if such designation be stipulated as irrevocable; and
(5) The spouse
who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and
intestate succession. (n)
ARTICLE 44. If both spouses of the subsequent
marriage acted in bad faith, said marriage shall be void ab initio and
all donations by reason of marriage and testamentary dispositions made
by one in favor of the other are revoked by operation of law. (n)
ARTICLE 45. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:
(1)
That the party in whose behalf it is sought to have the marriage
annulled was eighteen years of age or over but below twenty-one, and
the marriage was solemnized without the consent of the parents,
guardian or person having substitute parental authority over the party,
in that order, unless after attaining the age of twenty-one, such party
freely cohabited with the other and both lived together as husband and
wife;
(2) That
either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and
wife;
(3) That the
consent of either party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts constituting the fraud,
freely cohabited with the other as husband and wife;
(4) That the
consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party
thereafter freely cohabited with the other as husband and wife;
(5) That
either party was physically incapable of consummating the marriage with
the other, and such incapacity continues and appears to be incurable;
or
(6) That
either party was afflicted with a sexually-transmissible disease found
to be serious and appears to be incurable. (85a)
ARTICLE 46. Any of the following circumstances shall
constitute fraud referred to in Number 3 of the preceding
Article:
(1)
Non-disclosure of a previous conviction by final judgment of the other
party of a crime involving moral turpitude;
(2)
Concealment by the wife of the fact that at the time of the marriage,
she was pregnant by a man other than her husband;
(3)
Concealment of sexually transmissible disease, regardless of its
nature, existing at the time of the marriage; or
(4)
Concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank,
fortune or chastity shall constitute such fraud as will give grounds
for action for the annulment of marriage. (86a)
ARTICLE 47. The action for annulment of marriage must
be filed by the following persons and within the periods
indicated herein:
(1)
For causes mentioned in number 1 of Article 45 by the party whose
parent or guardian did not give his or her consent, within five years
after attaining the age of twenty-one, or by the parent or
guardian or person having legal charge of the minor, at any time before
such party has reached the age of twenty-one;
(2) For causes
mentioned in number 2 of Article 45, by the same spouse, who had no
knowledge of the other’s insanity or by any relative or guardian or
person having legal charge of the insane, at any time before the death
of either party, or by the insane spouse during a lucid interval or
after regaining sanity;
(3) For causes
mentioned in number 3 of Articles 45, by the injured party, within five
years after the discovery of the fraud;
(4) For causes
mentioned in number 4 of Article 45, by the injured party, within five
years from the time the force, intimidation or undue influence
disappeared or ceased;
(5) For causes
mentioned in number 5 and 6 of Article 45, by the injured party, within
five years after the marriage. (87a)
ARTICLE 48. In all cases of annulment or declaration
of absolute nullity of marriage, the Court shall order the prosecuting
attorney or fiscal assigned to it to appear on behalf of the
State to take steps to prevent collusion between the parties and
to take care that evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no judgment
shall be based upon a stipulation of facts or confession of judgment.
(88a)
ARTICLE 49. During the pendency of the action and in
the absence of adequate provisions in a written agreement between the
spouses, the Court shall provide for the support of the spouses
and the custody and support of their common children. The Court
shall give paramount consideration to the moral and material welfare of
said children and their choice of the parent with whom they wish
to remain as provided to in Title IX. It shall also provide for
appropriate visitation rights of the other parent. (n)
ARTICLE 50. The effects provided for by paragraphs
(2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply
in the proper cases to marriages which are declared ab initio or
annulled by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation,
partition and distribution of the properties of the spouses, the
custody and support of the common children, and the delivery of third
presumptive legitimes, unless such matters had been adjudicated
in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or
the conjugal partnership shall be notified of the proceedings for
liquidation.
In the partition, the conjugal dwelling and the lot on which it
is situated, shall be adjudicated in accordance with the
provisions of Articles 102 and 129.
ARTICLE 51. In said partition, the value of the
presumptive legitimes of all common children, computed as of the date
of the final judgment of the trial court, shall be delivered in cash,
property or sound securities, unless the parties, by mutual agreement
judicially approved, had already provided for such matters.
The children or their guardian or the trustee of their property
may ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no
way prejudice the ultimate successional rights of the children accruing
upon the death of either or both of the parents; but the value of the
properties already received under the decree of annulment or absolute
nullity shall be considered as advances on their legitime. (n)
ARTICLE 52. The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution of the
properties of the spouses, and the delivery of the children’s
presumptive legitimes shall be recorded in the appropriate civil
registry and registries of property; otherwise, the same shall not
affect third persons. (n)
ARTICLE 53. Either of the former spouses may marry
again after compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall be null and
void.
ARTICLE 54. Children conceived or born before the
judgment of annulment or absolute nullity of the marriage under
Article 36 has become final and executory shall be considered
legitimate. Children conceived or born of the subsequent marriage under
Article 53 shall likewise be legitimate.
TITLE
II
Legal Separation
ARTICLE 55. A petition for legal separation may be
filed on any of the following grounds:
(1)
Repeated physical violence or grossly abusive conduct directed against
the petitioner, a common child, or a child of the
petitioner;
(2) Physical
violence or moral pressure to compel the petitioner to change religious
or political affiliation;
(3) Attempt of
respondent to corrupt or induce the petitioner, a common child, or a
child of the petitioner, to engage in prostitution, or connivance in
such corruption or inducement;
(4) Final
judgment sentencing the respondent to imprisonment of more than six
years, even if pardoned;
(5) Drug
addiction or habitual alcoholism of the respondent;
(6) Lesbianism
or homosexuality of the respondent;
(7)
Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad;
(8) Sexual
infidelity or perversion;
(9) Attempt by
the respondent against the life of the petitioner; or
(10)
Abandonment of petitioner by respondent without justifiable cause for
more than one year.
For purposes of this Article, the term “child” shall include a child by
nature or by adoption. (9a)
ARTICLE 56. The petition for legal separation shall
be denied on any of the following grounds:
(1)
Where the aggrieved party has condoned the offense or act complained of;
(2) Where the
aggrieved party has consented to the commission of the offense or act
complained of;
(3) Where
there is connivance between the parties in the commission of the
offense or act constituting the ground for legal separation;
(4) Where both
parties have given ground for legal separation;
(5) Where
there is collusion between the parties to obtain the decree of legal
separation; or
(6) Where the
action is barred by prescription. (100a)
ARTICLE 57. An action for legal separation shall be
filed within five years from the time of the occurrence of the cause.
(102a)
ARTICLE 58. An action for legal separation shall in
no case be tried before six months shall have elapsed since the filing
of the petition. (103)
ARTICLE 59. No legal separation may be decreed unless
the Court has taken steps toward the reconciliation of the spouses and
is fully satisfied, despite such efforts, that reconciliation is
highly improbable. (n)
ARTICLE 60. No decree of legal separation shall be
based upon a stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney or fiscal
assigned to it to take steps to prevent collusion between the parties
and to take care that the evidence is not fabricated or suppressed.
(101a)
ARTICLE 61. After the filing of the petition for
legal separation, the spouses shall be entitled to live separately from
each other.
The court, in the absence of a written agreement between the spouses,
shall designate either of them or a third person to administer the
absolute community or conjugal partnership property. The administrator
appointed by the court shall have the same powers and duties as
those of a guardian under the Rules of Court. (104a)
ARTICLE 62. During the pendency of the action for
legal separation, the provisions of Article 49 shall likewise apply to
the support of the spouses and the custody and support of the common
children. (105a)
ARTICLE 63. The decree of legal separation shall have
the following effects:
(1)
The spouses shall be entitled to live separately from each other, but
the marriage bonds shall not be severed;
(2) The
absolute community or the conjugal partnership shall be dissolved and
liquidated but the offending spouse shall have no right to any share of
the net profits earned by the absolute community or the conjugal
partnership, which shall be forfeited in accordance with the
provisions of Article 43(2);
(3) The
custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code; and
(4) The
offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in
favor of the offending spouse made in the will of the innocent spouse
shall be revoked by operation of law. (106a)
ARTICLE 64. After the finality of the decree of legal
separation, the innocent spouse may revoke the donations made by him or
by her in favor of the offending spouse, as well as the designation of
the latter as beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable. The revocation of the
donations shall be recorded in the registries of property in the places
where the properties are located. Alienations, liens and encumbrances
registered in good faith before the recording of the complaint for
revocation in the registries of property shall be respected. The
revocation of or change in the designation of the insurance beneficiary
shall take effect upon written notification thereof to the
insured.
The action to revoke the donation under this Article must be brought
within five years from the time the decree of legal separation become
final. (107a)
ARTICLE 65. If the spouses should reconcile, a
corresponding joint manifestation under oath duly signed by them shall
be filed with the court in the same proceeding for legal separation.
(n)
ARTICLE 66. The reconciliation referred to in the
preceding Articles shall have the following consequences:
(1)
The legal separation proceedings, if still pending, shall thereby be
terminated at whatever stage; and
(2) The final
decree of legal separation shall be set aside, but the separation of
property and any forfeiture of the share of the guilty spouse already
effected shall subsist, unless the spouses agree to revive their former
property regime.
The court’s order containing the foregoing shall be recorded in the
proper civil registries. (108a)
ARTICLE 67. The agreement to revive the former
property regime referred to in the preceding Article shall be executed
under oath and shall specify:
(1)
The properties to be contributed anew to the restored regime;
(2) Those to
be retained as separated properties of each spouse; and
(3) The names
of all their known creditors, their addresses and the amounts owing to
each.
The agreement of revival and the motion for its approval shall be filed
with the court in the same proceeding for legal separation, with copies
of both furnished to the creditors named therein. After due hearing,
the court shall, in its order, take measures to protect the
interest of creditors and such order shall be recorded in the proper
registries of properties.
The recording of the ordering in the registries of property shall not
prejudice any creditor not listed or not notified, unless the
debtor-spouse has sufficient separate properties to satisfy the
creditor’s claim. (195a, 108a)
TITLE
III
Rights and Obligations Between
Husband and Wife
ARTICLE 68. The husband and wife are obliged to live
together, observe mutual love, respect and fidelity, and render mutual
help and support. (109a)
ARTICLE 69. The husband and wife shall fix the family
domicile. In case of disagreement, the court shall decide.
The court may exempt one spouse from living with the other if the
latter should live abroad or there are other valid and compelling
reasons for the exemption. However, such exemption shall not apply if
the same is not compatible with the solidarity of the family.
(110a)
ARTICLE 70. The spouses are jointly responsible for
the support of the family. The expenses for such support and other
conjugal obligations shall be paid from the community property and, in
the absence thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of said income or
fruits, such obligations shall be satisfied from the separate
properties. (111a)
ARTICLE 71. The management of the household shall be
the right and the duty of both spouses. The expenses for such
management shall be paid in accordance with the provisions of
Article 70. (115a)
ARTICLE 72. When one of the spouses neglects his or
her duties to the conjugal union or commits acts which tend to bring
danger, dishonor or injury to the other or to the family, the aggrieved
party may apply to the court for relief. (116a)
ARTICLE 73. Either spouse may exercise any legitimate
profession, occupation, business or activity without the consent of the
other. The latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
(1)
The objection is proper, and
(2) Benefit
has accrued to the family prior to the objection or thereafter. If the
benefit accrued prior to the objection, the resulting obligation shall
be enforced against the separate property of the spouse who has not
obtained consent.
The foregoing provisions shall not prejudice the rights of creditors
who acted in good faith. (117a)
TITLE
IV
Property Relations Between
Husband and Wife
CHAPTER 1
General Provisions
ARTICLE 74. The property relationship between husband
and wife shall be governed in the following order:
(1)
By marriage settlements executed before the marriage;
(2) By the
provisions of this Code; and
(3) By the
local custom. (118)
ARTICLE 75. The future spouses may, in the marriage
settlements, agree upon the regime of absolute community, conjugal
partnership of gains, complete separation of property, or any other
regime. In the absence of a marriage settlement, or when the regime
agreed upon is void, the system of absolute community of property as
established in this Code shall govern. (119a)
ARTICLE 76. In order that any modification in the
marriage settlements may be valid, it must be made before the
celebration of the marriage, subject to the provisions of
Articles 66, 67, 128, 135 and 136. (121)
ARTICLE 77. The marriage settlements and any
modification thereof shall be in writing, signed by the parties and
executed before the celebration of the marriage. They shall not
prejudice third persons unless they are registered in the local
civil registry where the marriage contract is recorded as well as in
the proper registries of properties. (122a)
ARTICLE 78. A minor who according to law may contract
marriage may also execute his or her marriage settlements, but they
shall be valid only if the persons designated in Article 14 to give
consent to the marriage are made parties to the agreement, subject to
the provisions of Title IX of this Code. (120a)
ARTICLE 79. For the validity of any marriage
settlement executed by a person upon whom a sentence of civil
interdiction has been pronounced or who is subject to any other
disability, it shall be indispensable for the guardian appointed by a
competent court to be made a party thereto. (123a)
ARTICLE 80. In the absence of a contrary stipulation
in a marriage settlement, the property relations of the spouses shall
be governed by Philippine laws, regardless of the place of the
celebration of the marriage and their residence.
This rule shall not apply:
(1)
Where both spouses are aliens;
(2) With
respect to the extrinsic validity of contracts affecting property not
situated in the Philippines and executed in the country where the
property is located; and
(3) With
respect to the extrinsic validity of contracts entered into in the
Philippines but affecting property situated in a foreign country whose
laws require different formalities for its extrinsic validity. (124a)
ARTICLE 81. Everything stipulated in the settlements
or contracts referred to in the preceding articles in consideration of
a future marriage, including donations between the prospective spouses
made therein, shall be rendered void if the marriage does not take
place. However, stipulations that do not depend upon the
celebration of the marriages shall be valid. (125a)
CHAPTER
2
Donations by Reason of Marriage
ARTICLE 82. Donations by reason of marriage are those
which are made before its celebration, in consideration of the same,
and in favor of one or both of the future spouses. (126)
ARTICLE 83. These donations are governed by the rules
on ordinary donations established in Title III of Book III of the Civil
Code, insofar as they are not modified by the following articles.
(127a)
ARTICLE 84. If the future spouses agree upon a regime
other than the absolute community of property, they cannot donate to
each other in their marriage settlements more than one-fifth of their
present property. Any excess shall be considered void.
Donations of future property shall be governed by the provisions on
testamentary succession and the formalities of wills.
(130a)
ARTICLE 85. Donations by reason of marriage of
property subject to encumbrances shall be valid. In case of foreclosure
of the encumbrance and the property is sold for less than the total
amount of the obligation secured, the donee shall not be liable for the
deficiency. If the property is sold for more than the total
amount of said obligation, the donee shall be entitled to the
excess. (131a)
ARTICLE 86. A donation by reason of marriage may be
revoked by the donor in the following cases:
(1)
If the marriage is not celebrated or judicially declared void ab initio
except donations made in the marriage settlements, which shall be
governed by Article 81;
(2) When the
marriage takes place without the consent of the parents or guardian, as
required by law;
(3) When the
marriage is annulled, and the donee acted in bad faith;
(4) Upon legal
separation, the donee being the guilty spouse;
(5) If it is
with a resolutory condition and the condition is complied with;
(6) When the
donee has committed an act of ingratitude as specified by the
provisions of the Civil Code on donations in general. (132a)
ARTICLE 87. Every donation or grant of gratuitous
advantage, direct or indirect, between the spouses during the marriage
shall be void, except moderate gifts which the spouses may give each
other on the occasion of any family rejoicing. The prohibition
shall also apply to persons living together as husband and wife without
a valid marriage. (133a)
CHAPTER
3
System of Absolute Community
SECTION 1
General Provisions
ARTICLE 88. The absolute community of property
between spouses shall commence at the precise moment that the marriage
is celebrated. Any stipulation, express or implied, for the
commencement of the community regime at any other time shall be void.
(145a)
ARTICLE 89. No waiver of rights, shares and effects
of the absolute community of property during the marriage can be made
except in case of judicial separation of property.
When the waiver takes place upon a judicial separation of property, or
after the marriage has been dissolved or annulled, the same shall
appear in a public instrument and shall be recorded as provided in
Article 77. The creditors of the spouse who made such waiver may
petition the court to rescind the waiver to the extent of the amount
sufficient to cover the amount of their credits. (146a)
ARTICLE 90. The provisions on co-ownership shall
apply to the absolute community of property between the spouses in all
matters not provided for in this Chapter. (n)
Sec. 2
What Constitutes Community
Property
ARTICLE 91. Unless otherwise provided in this Chapter
or in the marriage settlements, the community property shall consist of
all the property owned by the spouses at the time of the celebration of
the marriage or acquired thereafter. (197a)
ARTICLE 92. The following shall be excluded from the
community property:
(1)
Property acquired during the marriage by gratuitous title by either
spouse, and the fruits as well as the income thereof, if any,
unless it is expressly provided by the donor, testator or grantor that
they shall form part of the community property;
(2) Property
for personal and exclusive use of either spouse. However, jewelry shall
form part of the community property;
(3) Property
acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income,
if any, of such property. (201a)
ARTICLE 93. Property acquired during the marriage is
presumed to belong to the community, unless it is proved that it is one
of those excluded therefrom. (160)
Sec. 3
Charges Upon and Obligations of
the Absolute Community
ARTICLE 94. The absolute community of property shall
be liable for:
(1)
The support of the spouses, their common children, and legitimate
children of either spouse; however, the support of illegitimate
children shall be governed by the provisions of this Code on Support;
(2) All debts
and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the community, or by both
spouses, or by one spouse with the consent of the other;
(3) Debts and
obligations contracted by either spouse without the consent of the
other to the extent that the family may have been
benefited;
(4) All taxes,
liens, charges and expenses, including major or minor repairs, upon the
community property;
(5) All taxes
and expenses for mere preservation made during marriage upon the
separate property of either spouse used by the family;
(6) Expenses
to enable either spouse to commence or complete a professional or
vocational course, or other activity for self-improvement;
(7)
Antenuptial debts of either spouse insofar as they have redounded to
the benefit of the family;
(8) The value
of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or
completing a professional or vocational course or other activity for
self-improvement;
(9)
Antenuptial debts of either spouse other than those falling under
paragraph (7) of this Article, the support of illegitimate children of
either spouse, and liabilities incurred by either spouse by reason of a
crime or a quasi-delict, in case of absence or insufficiency of the
exclusive property of the debtor-spouse, the payment of which shall be
considered as advances to be deducted from the share of the
debtor-spouse upon liquidation of the community; and
(10) Expenses
of litigation between the spouses unless the suit is found to be
groundless.
If the community property is insufficient to cover the foregoing
liabilities, except those falling under paragraph (9), the spouses
shall be solidarily liable for the unpaid balance with their separate
properties. (161a, 162a, 163a, 202a-205a)
ARTICLE 95. Whatever may be lost during the marriage
in any game of chance, betting, sweepstakes, or any other kind of
gambling, whether permitted or prohibited by law, shall be borne by the
loser and shall not be charged to the community but any winnings
therefrom shall form part of the community property. (164a)
Sec. 4
Ownership, Administrative,
Enjoyment and Disposition of the Community Property
ARTICLE 96. The administration and enjoyment of the
community property shall belong to both spouses jointly. In case of
disagreement, the husband’s decision shall prevail, subject to recourse
to the court by the wife for proper remedy, which must be availed
of within five years from the date of the contract implementing such
decision.
In the event that one spouse is incapacitated or otherwise unable to
participate in the administration of the common properties, the other
spouse may assume sole powers of administration. These powers do
notnclude disposition or encumbrance without authority of the court or
the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a continuing offer on
the part of the consenting spouse and the third person, and may be
perfected as a binding contract upon the acceptance by the other
spouse or authorization by the court before the offer is withdrawn by
either or both offerors. (206a)
ARTICLE 97. Either spouse may dispose by will of his
or her interest in the community property. (n)
ARTICLE 98. Neither spouse may donate any community
property without the consent of the other. However, either spouse may,
without the consent of the other, make moderate donations from the
community property for charity or on occasions of family rejoicing or
family distress. (n)
Sec. 5
Dissolution of Absolute
Community Regime
ARTICLE 99. The absolute community terminates:
(1)
Upon the death of either spouse;
(2) When there
is a decree of legal separation;
(3) When the
marriage is annulled or declared void; or
(4) In case of
judicial separation of property during the marriage under Article 134
to 138. (175a)
ARTICLE 100. The separation in fact between husband
and wife shall not affect the regime of absolute community except that:
(1)
The spouse who leaves the conjugal home or refuses to live therein,
without just cause, shall not have the right to be supported;
(2) When the
consent of one spouse to any transaction of the other is required by
law, judicial authorization shall be obtained in a summary proceeding;
(3) In the
absence of sufficient community property, the separate property of both
spouses shall be solidarily liable for the support of the family. The
spouse present shall, upon proper petition in a summary proceeding, be
given judicial authority to administer or encumber any specific
separate property of the other spouse and use the fruits or proceeds
thereof to satisfy the latter’s share. (178a)
ARTICLE 101. If a spouse without just cause abandons
the other or fails to comply with his or her obligations to the family,
the aggrieved spouse may petition the court for receivership, for
judicial separation of property or for authority to be the sole
administrator of the absolute community, subject to such precautionary
conditions as the court may impose.
The obligations to the family mentioned in the preceding
paragraph refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when her or she has left
the conjugal dwelling without intention of returning. The spouse who
has left the conjugal dwelling for a period of three months or has
failed within the same period to give any information as to his or her
whereabouts shall be prima facie presumed to have no intention of
returning to the conjugal dwelling. (178a)
Sec. 6
Liquidation of the Absolute
Community Assets and Liabilities
ARTICLE 102. Upon dissolution of the absolute
community regime, the following procedure shall apply:
(1)
An inventory shall be prepared, listing separately all the properties
of the absolute community and the exclusive properties of each spouse.
(2) The debts
and obligations of the absolute community shall be paid out of its
assets. In case of insufficiency of said assets, the spouses shall be
solidarily liable for the unpaid balance with their separate properties
in accordance with the provisions of the second paragraph of Article
94.
(3) Whatever
remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(4) The net
remainder of the properties of the absolute community shall constitute
its net assets, which shall be divided equally between husband and
wife, unless a different proportion or division was agreed upon in the
marriage settlements, or unless there has been a voluntary waiver of
such share provided in this Code. For purpose of computing the net
profits subject to forfeiture in accordance with Articles 43, No. (2)
and 63, No. (2), the said profits shall be the increase in value
between the market value of the community property at the time of the
celebration of the marriage and the market value at the time of its
dissolution.
(5) The
presumptive legitimes of the common children shall be delivered upon
partition, in accordance with Article 51.
(6) Unless
otherwise agreed upon by the parties, in the partition of the
properties, the conjugal dwelling and the lot on which it is situated
shall be adjudicated to the spouse with whom the majority of the common
children choose to remain. Children below the age of seven years are
deemed to have chosen the mother, unless the court has decided
otherwise. In case there in no such majority, the court shall decide,
taking into consideration the best interests of said children. (n)
ARTICLE 103. Upon the termination of the marriage by
death, the community property shall be liquidated in the same
proceeding for the settlement of the estate of the deceased.
If no judicial settlement proceeding is instituted, the surviving
spouse shall liquidate the community property either judicially or
extra-judicially within one year from the death of the deceased spouse.
If upon the lapse of the one year period, no liquidation is made, any
disposition or encumbrance involving the community property of
the terminated marriage shall be void.
Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations of
the subsequent marriage. (n)
ARTICLE 104. Whenever the liquidation of the
community properties of two or more marriages contracted by the same
person before the effectivity of this Code is carried out
simultaneously, the respective capital, fruits and income of each
community shall be determined upon such proof as may be considered
according to the rules of evidence. In case of doubt as to which
community the existing properties belong, the same shall be divided
between the different communities in proportion to the capital and
duration of each. (189a)
CHAPTER
4
Conjugal Partnership of Gains
SECTION 1
General Provisions
ARTICLE 105. In case the future spouses agree in the
marriage settlements that the regime of conjugal partnership of gains
shall govern their property relations during marriage, the provisions
in this Chapter shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal
partnerships of gains already established between spouses before the
effectivity of this Code, without prejudice to vested rights already
acquired in accordance with the Civil Code or other laws, as provided
in Article 256. (n)
ARTICLE 106. Under the regime of conjugal partnership
of gains, the husband and wife place in a common fund the proceeds,
products, fruits and income from their separate properties and those
acquired by either or both spouses through their efforts or by
chance, and, upon dissolution of the marriage or of the partnership,
the net gains or benefits obtained by either or both spouses shall be
divided equally between them, unless otherwise agreed in the marriage
settlements. (142a)
ARTICLE 107. The rules provided in Articles 88 and 89
shall also apply to conjugal partnership of gains. (n)
ARTICLE 108. The conjugal partnership shall be
governed by the rules on the contract of partnership in all that is not
in conflict with what is expressly determined in this Chapter or by the
spouses in their marriage settlements. (147a)
Sec. 2
Exclusive Property of Each Spouse
ARTICLE 109. The following shall be the exclusive
property of each spouse:
(1)
That which is brought to the marriage as his or her own;
(2) That which
each acquires during the marriage by gratuitous title;
(3) That which
is acquired by right of redemption, by barter or by exchange with
property belonging to only one of the spouses; and
(4) That which
is purchased with exclusive money of the wife or of the husband. (148a)
ARTICLE 110. The spouses retain the ownership,
possession, administration and enjoyment of their exclusive properties.
Either spouse may, during the marriage, transfer the administration of
his or her exclusive property to the other by means of a public
instrument, which shall be recorded in the registry of property
of the place the property is located. (137a, 168a, 169a)
ARTICLE 111. A spouse of age may mortgage, encumber,
alienate or otherwise dispose of his or her exclusive property, without
the consent of the other spouse, and appear alone in court to
litigate with regard to the same. (n)
ARTICLE 112. The alienation of any exclusive property
of a spouse administered by the other automatically terminates the
administration over such property and the proceeds of the alienation
shall be turned over to the owner-spouse. (n)
ARTICLE 113. Property donated or left by will to the
spouses, jointly and with designation of determinate shares, shall
pertain to the donee-spouse as his or her own exclusive property, and
in the absence of designation, share and share alike, without prejudice
to the right of accretion when proper. (150a)
ARTICLE 114. If the donations are onerous, the amount
of the charges shall be borne by the exclusive property of the donee
spouse, whenever they have been advanced by the conjugal
partnership of gains. (151a)
ARTICLE 115. Retirement benefits, pensions,
annuities, gratuities, usufructs and similar benefits shall be governed
by the rules on gratuitous or onerous acquisitions as may be
proper in each case. (n)
Sec. 3
Conjugal Partnership Property
ARTICLE 116. All property acquired during the
marriage, whether the acquisition appears to have been made, contracted
or registered in the name of one or both spouses, is presumed to be
conjugal unless the contrary is proved. (160a)
ARTICLE 117. The following are conjugal partnership
properties:
(1)
Those acquired by onerous title during the marriage at the expense of
the common fund, whether the acquisition be for the partnership, or for
only one of the spouses;
(2) Those
obtained from the labor, industry, work or profession of either or both
of the spouses;
(3) The
fruits, natural, industrial, or civil, due or received during the
marriage from the common property, as well as the net fruits from the
exclusive property of each spouse;
(4) The share
of either spouse in the hidden treasure which the law awards to the
finder or owner of the property where the treasure is found;
(5) Those
acquired through occupation such as fishing or hunting;
(6) Livestock
existing upon the dissolution of the partnership in excess of the
number of each kind brought to the marriage by either spouse; and
(7) Those
which are acquired by chance, such as winnings from gambling or
betting. However, losses therefrom shall be borne exclusively by the
loser-spouse. (153a, 154a, 155, 159)
ARTICLE 118. Property bought on installments paid
partly from exclusive funds of either or both spouses and partly from
conjugal funds belongs to the buyer or buyers if full ownership was
vested before the marriage and to the conjugal partnership if such
ownership was vested during the marriage. In either case, any amount
advanced by the partnership or by either or both spouses shall be
reimbursed by the owner or owners upon liquidation of the partnership.
(n)
ARTICLE 119. Whenever an amount or credit payable
within a period of time belongs to one of the spouses, the sums which
may be collected during the marriage in partial payments or by
installments on the principal shall be the exclusive property of the
spouse. However, interests falling due during the marriage on the
principal shall belong to the conjugal partnership. (156a, 157a)
ARTICLE 120. The ownership of improvements, whether
for utility or adornment, made on the separate property of the spouses
at the expense of the partnership or through the acts or efforts of
either or both spouses shall pertain to the conjugal partnership, or to
the original owner-spouse, subject to the following rules:
When the cost of the improvement made by the conjugal partnership and
any resulting increase in value are more than the value of the property
at the time of the improvement, the entire property of one of the
spouses shall belong to the conjugal partnership, subject to
reimbursement of the value of the property of the owner-spouse at the
time of the improvement; otherwise, said property shall be retained in
ownership by the owner-spouse, likewise subject to reimbursement of the
cost of the improvement.
In either case, the ownership of the entire property shall be vested
upon the reimbursement, which shall be made at the time of the
liquidation of the conjugal partnership. (158a)
Sec. 4
Charges Upon and Obligations of
the Conjugal Partnership
ARTICLE 121. The conjugal partnership shall be liable
for:
(1)
The support of the spouse, their common children, and the legitimate
children of either spouse; however, the support of illegitimate
children shall be governed by the provisions of this Code on Support;
(2) All debts
and obligations contracted during the marriage by the designated
administrator-spouse for the benefit of the conjugal partnership of
gains, or by both spouses or by one of them with the consent of the
other;
(3) Debts and
obligations contracted by either spouse without the consent of the
other to the extent that the family may have been benefited;
(4) All taxes,
liens, charges, and expenses, including major or minor repairs upon the
conjugal partnership property;
(5) All taxes
and expenses for mere preservation made during the marriage upon the
separate property of either spouse;
(6) Expenses
to enable either spouse to commence or complete a professional,
vocational, or other activity for self-improvement;
(7)
Antenuptial debts of either spouse insofar as they have redounded to
the benefit of the family;
(8) The value
of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or
completing a professional or vocational course or other activity for
self-improvement; and
(9) Expenses
of litigation between the spouses unless the suit is found to
groundless.
If the conjugal partnership is insufficient to cover the foregoing
liabilities, the spouses shall be solidarily liable for the unpaid
balance with their separate properties. (161a)
ARTICLE 122. The payment of personal debts contracted
by the husband or the wife before or during the marriage shall not be
charged to the conjugal partnership except insofar as they redounded to
the benefit of the family.
Neither shall the fines and pecuniary indemnities imposed upon them be
charged to the partnership.
However, the payment of personal debts contracted by either spouse
before the marriage, that of fines and indemnities imposed upon them,
as well as the support of illegitimate children of either spouse, may
be enforced against the partnership assets after the responsibilities
enumerated in the preceding Article have been covered, if the
spouse who is bound should have no exclusive property or if it
should be insufficient; but at the time of the liquidation of the
partnership, such spouse shall be charged for what has been paid for
the purpose above-mentioned. (163a)
ARTICLE 123. Whatever may be lost during the marriage
in any game of chance or in betting, sweepstakes, or any other kind of
gambling whether permitted or prohibited by law, shall be borne by the
loser and shall not be charged to the conjugal partnership but any
winnings therefrom shall form part of the conjugal partnership
property. (164a)
Sec. 5
Administration of the Conjugal Partnership Property
ARTICLE 124. The administration and enjoyment of the
conjugal partnership shall belong to both spouses jointly. In case of
disagreement, the husband’s decision shall prevail, subject to recourse
to the court by the wife for proper remedy, which must be availed of
within five years from the date of the contract implementing such
decision.
In the event that one spouse is incapacitated or otherwise unable to
participate in the administration of the conjugal properties, the other
spouse may assume sole powers of administration. These powers do not
include disposition or encumbrance without authority of the court or
the written consent of the other spouse. In the absence of such
authority or consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed as a continuing offer
on the part of the consenting spouse and the third person, and may be
perfected as a binding contract upon the acceptance by the other
spouse or authorization by the court before the offer is withdrawn by
either or both offerors. (165a)
ARTICLE 125. Neither spouse may donate any conjugal
partnership property without the consent of the other. However, either
spouse may, without the consent of the other, make moderate donations
from the conjugal partnership property for charity or on occasions of
family rejoicing or family distress. (174a)
Sec. 6
Dissolution of Conjugal
Partnership Regime
ARTICLE 126. The conjugal partnership terminates:
(1)
Upon the death of either spouse;
(2) When there
is a decree of legal separation;
(3) When the
marriage is annulled or declared void; or
(4) In case of
judicial separation of property during the marriage under Articles 134
to 138 (175a)
ARTICLE 127. The separation in fact between husband
and wife shall not affect the regime of conjugal partnership, except
that:
(1)
The spouse who leaves the conjugal home or refuses to live therein,
without just cause, shall not have the right to be supported;
(2) When the
consent of one spouse to any transaction of the other is required by
law, judicial authorization shall be obtained in a summary
proceeding;
(3) In the
absence of sufficient conjugal partnership property, the separate
property of both spouses shall be solidarily liable for the support of
the family. The spouse present shall, upon petition in a summary
proceeding, be given judicial authority to administer or encumber any
specific separate property of the other spouse and use the fruits or
proceeds thereof to satisfy the latter’s share. (178a)
ARTICLE 128. If a spouse without just cause abandons
the other or fails to comply with his or her obligation to the family,
the aggrieved spouse may petition the court for receivership, for
judicial separation of property, or for authority to be the sole
administrator of the conjugal partnership property, subject to such
precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph
refer to marital, parental or property relations.
A spouse is deemed to have abandoned the other when he or she has left
the conjugal dwelling without intention of returning. The spouse who
has left the conjugal dwelling for a period of three months or has
failed within the same period to give any information as to his or her
whereabouts shall be prima facie presumed to have no intention of
returning to the conjugal dwelling. (167a, 191a)
Sec. 7
Liquidation of the Conjugal
Partnership Assets and Liabilities
ARTICLE 129. Upon the dissolution of the conjugal
partnership regime, the following procedure shall apply:
(1)
An inventory shall be prepared, listing separately all the properties
of the conjugal partnership and the exclusive properties of each
spouse.
(2) Amounts
advanced by the conjugal partnership in payment of personal debts and
obligations of either spouse shall be credited to the conjugal
partnership as an asset thereof.
(3) Each
spouse shall be reimbursed for the use of his or her exclusive funds in
the acquisition of property or for the value of his or her exclusive
property, the ownership of which has been vested by law in the conjugal
partnership.
(4) The debts
and obligations of the conjugal partnership shall be paid out of the
conjugal assets. In case of insufficiency of said assets, the spouses
shall be solidarily liable for the unpaid balance with their separate
properties, in accordance with the provisions of paragraph (2) of
Article 121.
(5) Whatever
remains of the exclusive properties of the spouses shall thereafter be
delivered to each of them.
(6) Unless the
owner had been indemnified from whatever source, the loss or
deterioration of movables used for the benefit of the family, belonging
to either spouse, even due to fortuitous event, shall be paid to said
spouse from the conjugal funds, if any.
(7) The net
remainder of the conjugal partnership properties shall constitute the
profits, which shall be divided equally between husband and wife,
unless a different proportion or division was agreed upon in the
marriage settlements or unless there has been a voluntary waiver or
forfeiture of such share as provided in this Code.
(8) The
presumptive legitimes of the common children shall be delivered upon
the partition in accordance with Article 51.
(9) In the
partition of the properties, the conjugal dwelling and the lot on which
it is situated shall, unless otherwise agreed upon by the parties, be
adjudicated to the spouse with whom the majority of the common children
choose to remain. Children below the age of seven years are deemed to
have chosen the mother, unless the court has decided otherwise. In case
there is no such majority, the court shall decide, taking into
consideration the best interests of said children. (181a, 182a, 183a,
184a, 185a)
ARTICLE 130. Upon the termination of the marriage by
death, the conjugal partnership property shall be liquidated in the
same proceeding for the settlement of the estate of the
deceased.
If no judicial settlement proceeding is instituted, the surviving
spouse shall liquidate the conjugal partnership property either
judicially or extra-judicially within one year from the death of the
deceased spouse. If upon the lapse of the one-year period no
liquidation is made, any disposition or encumbrance involving the
conjugal partnership property of the terminated marriage shall be
void.
Should the surviving spouse contract a subsequent marriage without
compliance with the foregoing requirements, a mandatory regime of
complete separation of property shall govern the property relations of
the subsequent marriage. (n)
ARTICLE 131. Whenever the liquidation of the conjugal
partnership properties of two or more marriages contracted by the same
person before the effectivity of this Code is carried out
simultaneously, the respective capital, fruits and income of each
partnership shall be determined upon such proof as may be considered
according to the rules of evidence. In case of doubt as to which
partnership the existing properties belong, the same shall be divided
between the different partnerships in proportion to the capital and
duration of each. (189a)
ARTICLE 132. The Rules of Court on the administration
of estates of deceased persons shall be observed in the appraisal
and sale of property of the conjugal partnership, and other matters
which are not expressly determined in this Chapter. (187a)
ARTICLE 133. From the common mass of property support
shall be given to the surviving spouse and to the children during the
liquidation of the inventoried property and until what belongs to them
is delivered; but from this shall be deducted that amount received for
support which exceeds the fruits or rents pertaining to them.
(188a)
CHAPTER
5
Separation of Property of the
Spouses and Administration of Common Property by One Spouse During the
Marriage
ARTICLE 134. In the absence of an express declaration
in the marriage settlements, the separation of property between spouses
during the marriage shall not take place except by judicial order. Such
judicial separation of property may either be voluntary or for
sufficient cause. (190a)
ARTICLE 135. Any of the following shall be considered
sufficient cause for judicial separation of property:
(1)
That the spouse of the petitioner has been sentenced to a penalty which
carries with it civil interdiction;
(2) That the
spouse of the petitioner has been judicially declared an absentee;
(3) That loss
of parental authority of the spouse of petitioner has been decreed by
the court;
(4) That the
spouse of the petitioner has abandoned the latter or failed to comply
with his or her obligations to the family as provided for in Article
101;
(5) That the
spouse granted the power of administration in the marriage settlements
has abused that power; and
(6) That at
the time of the petition, the spouses have been separated in fact for
at least one year and reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3), the
presentation of the final judgment against the guilty or absent spouse
shall be enough basis for the grant of the decree of judicial
separation of property. (191a)
ARTICLE 136. The spouses may jointly file a verified
petition with the court for the voluntary dissolution of the absolute
community or the conjugal partnership of gains, and for the separation
of their common properties.
All creditors of the absolute community or of the conjugal partnership
of gains, as well as the personal creditors of the spouse, shall be
listed in the petition and notified of the filing thereof. The court
shall take measures to protect the creditors and other persons with
pecuniary interest. (191a)
ARTICLE 137. Once the separation of property has been
decreed, the absolute community or the conjugal partnership of gains
shall be liquidated in conformity with this Code.
During the pendency of the proceedings for separation of property, the
absolute community or the conjugal partnership shall pay for the
support of the spouses and their children. (192a)
ARTICLE 138. After dissolution of the absolute
community or of the conjugal partnership, the provisions on complete
separation of property shall apply. (191a)
ARTICLE 139. The petition for separation of property
and the final judgment granting the same shall be recorded in the
proper local civil registries and registries of property. (193a)
ARTICLE 140. The separation of property shall not
prejudice the rights previously acquired by creditors. (194a)
ARTICLE 141. The spouses may, in the same proceedings
where separation of property was decreed, file a motion in court
for a decree reviving the property regime that existed between them
before the separation of property in any of the following
instances:
(1)
When the civil interdiction terminates;
(2) When the
absentee spouse reappears;
(3) When the
court, being satisfied that the spouse granted the power of
administration in the marriage settlements will not again abuse that
power, authorizes the resumption of said administration;
(4) When the
spouse who has left the conjugal home without a decree of legal
separation resumes common life with the other;
(5) When
parental authority is judicially restored to the spouse previously
deprived thereof;
(6) When the
spouses who have separated in fact for at least one year, reconcile and
resume common life; or
(7) When after
voluntary dissolution of the absolute community of property or conjugal
partnership has been judicially decreed upon the joint petition of the
spouses, they agree to the revival of the former property regime. No
voluntary separation of property may thereafter be granted.
The revival of the former property regime shall be governed by Article
67. (195a)
ARTICLE 142. The administration of all classes of
exclusive property of either spouse may be transferred by the court to
the other spouse:
(1)
When one spouse becomes the guardian of the other;
(2) When one
spouse is judicially declared an absentee;
(3) When one
spouse is sentenced to a penalty which carries with it civil
interdiction; or
(4) When one
spouse becomes a fugitive from justice or is in hiding as an accused in
a criminal case.
If the other spouse is not qualified by reason of incompetence,
conflict of interest, or any other just cause, the court shall appoint
a suitable person to be the administrator. (n)
CHAPTER
6
Regime of Separation of Property
ARTICLE 143. Should the future spouses agree in the
marriage settlements that their property relations during marriage
shall be governed by the regime of separation of property, the
provisions of this Chapter shall be suppletory. (212a)
ARTICLE 144. Separation of property may refer to
present or future property or both. It may be total or partial. In the
latter case, the property not agreed upon as separate shall pertain to
the absolute community. (213a)
ARTICLE 145. Each spouse shall own, dispose of,
possess, administer and enjoy his or her own separate estate, without
need of the consent of the other. To each spouse shall belong all
earnings from his or her profession, business or industry and all
fruits, natural, industrial or civil, due or received during the
marriage from his or her separate property. (214a)
ARTICLE 146. Both spouses shall bear the family
expenses in proportion to their income, or, in case of insufficiency or
default thereof, to the current market value of their separate
properties.
The liabilities of the spouses to creditors for family expenses shall,
however, be solidary. (215a)
CHAPTER
7
Property Regime of Unions
Without Marriage
ARTICLE 147. When a man and a woman who are
capacitated to marry each other, live exclusively with each other as
husband and wife without the benefit of marriage or under a void
marriage, their wages and salaries shall be owned by them in equal
shares and the property acquired by both of them through their work or
industry shall be governed by the rules on co-ownership.
In the absence of proof to the contrary, properties acquired while they
lived together shall be presumed to have been obtained by their joint
efforts, work or industry, and shall be owned by them in equal shares.
For purposes of this Article, a party who did not participate in the
acquisition by the other party of any property shall be deemed to have
contributed jointly in the acquisition thereof if the former’s efforts
consisted in the care and maintenance of the family and of the
household.
Neither party can encumber or dispose by acts inter vivos of his or her
share in the property acquired during cohabitation and owned in common,
without the consent of the other, until after the termination of their
cohabitation.
When only one of the parties to a void marriage is in good faith,
the share of the party in bad faith in the co-ownership shall be
forfeited in favor of their common children. In case of default of or
waiver by any or all of the common children or their descendants, each
vacant share shall belong to the respective surviving descendants. In
the absence of descendants, such share shall belong to the innocent
party. In all cases, the forfeiture shall take place upon termination
of the cohabitation. (144a)
ARTICLE 148. In cases of cohabitation not falling
under the preceding Article, only the properties acquired by both of
the parties through their actual joint contribution of money, property,
or industry shall be owned by them in common in proportion to
their respective contributions. In the absence of proof to the
contrary, their contributions and corresponding shares are presumed to
be equal. The same rule and presumption shall apply to joint deposits
of money and evidences of credit.
If one of the parties is validly married to another, his or her share
in the co-ownership shall accrue to the absolute community or conjugal
partnership existing in such valid marriage. If the party who acted in
bad faith is not validly married to another, his or her shall be
forfeited in the manner provided in the last paragraph of the preceding
Article.
The foregoing rules on forfeiture shall likewise apply even if both
parties are in bad faith. (144a)
TITLE
V
The Family
CHAPTER 1
The Family as an Institution
ARTICLE 149. The family, being the foundation of the
nation, is a basic social institution which public policy cherishes and
protects. Consequently, family relations are governed by law and no
custom, practice or agreement destructive of the family shall be
recognized or given effect. (216a, 218a)
ARTICLE 150. Family relations include those:
(1)
Between husband and wife;
(2) Between
parents and children;
(3) Among
other ascendants and descendants; and
(4) Among
brothers and sisters, whether of the full or half-blood. (217a)
ARTICLE 151. No suit between members of the same
family shall prosper unless it should appear from the verified
complaint or petition that earnest efforts toward a compromise have
been made, but that the same have failed. If it is shown that no such
efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of
compromise under the Civil Code. (222a)
CHAPTER
2
The Family Home
ARTICLE 152. The family home, constituted jointly by
the husband and the wife or by an unmarried head of a family, is the
dwelling house where they and their family reside, and the land
on which it is situated. (223a)
ARTICLE 153. The family home is deemed constituted on
a house and lot from the time it is occupied as a family residence.
From the time of its constitution and so long as any of its
beneficiaries actually resides therein, the family home continues to be
such and is exempt from execution, forced sale or attachment except as
hereinafter provided and to the extent of the value allowed by law.
(223a)
ARTICLE 154. The beneficiaries of a family home are:
(1)
The husband and wife, or an unmarried person who is the head of a
family; and
(2) Their
parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the
family home and who depend upon the head of the family for legal
support. (226a)
ARTICLE 155. The family home shall be exempt from
execution, forced sale or attachment except:
(1)
For nonpayment of taxes;
(2) For debts
incurred prior to the constitution of the family home;
(3) For debts
secured by mortgages on the premises before or after such constitution;
and
(4) For debts
due to laborers, mechanics, architects, builders, materialmen and
others who have rendered service or furnished material for the
construction of the building. (243a)
ARTICLE 156. The family home must be part of the
properties of the absolute community or the conjugal partnership, or of
the exclusive properties of either spouse with the latter’s consent. It
may also be constituted by an unmarried head of a family on his or her
own property.
Nevertheless, property that is the subject of a conditional sale on
installments where ownership is reserved by the vendor only to
guarantee payment of the purchase price may be constituted as a family
home. (227a, 228a).
ARTICLE 157. The actual value of the family home
shall not exceed, at the time of its constitution, the amount of
the three hundred thousand pesos in urban areas, and two hundred
thousand pesos in rural areas, or such amounts as may hereafter be
fixed by law.
In any event, if the value of the currency changes after the adoption
of this Code, the value most favorable for the constitution of a family
home shall be the basis of evaluation.
For purposes of this Article, urban areas are deemed to include
chartered cities and municipalities whose annual income at least equals
that legally required for chartered cities. All others are deemed to be
rural areas. (231a)
ARTICLE 158. The family home may be sold, alienated,
donated, assigned or encumbered by the owner or owners thereof with the
written consent of the person constituting the same, the latter’s
spouse, and a majority of the beneficiaries of legal age. In case of
conflict, the court shall decide. (235a)
ARTICLE 159. The family home shall continue despite
the death of one or both spouses or of the unmarried head of the family
for a period of ten years or for as long as there is a minor
beneficiary, and the heirs cannot partition the same unless the court
finds compelling reasons therefor. This rule shall apply regardless of
whoever owns the property or constituted the family home. (238a)
ARTICLE 160. When a creditor whose claims is not
among those mentioned in Article 155 obtains a judgmentn his favor, and
he has reasonable grounds to believe that the family home is actually
worth more than the maximum amount fixed in Article 157, he may
apply to the court which rendered the judgment for an order
directing the sale of the property under execution. The court
shall so order if it finds that the actual value of the family home
exceeds the maximum amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the maximum allowed
in Article 157 and results from subsequent voluntary improvements
introduced by the person or persons constituting the family home, by
the owner or owners of the property, or by any of the beneficiaries,
the same rule and procedure shall apply.
At the execution sale, no bid below the value allowed for a family home
shall be considered. The proceeds shall be applied first to the amount
mentioned in Article 157, and then to the liabilities under the
judgment and the costs. The excess, if any, shall be delivered to the
judgment debtor. (247a, 248a)
ARTICLE 161. For purposes of availing of the benefits
of a family home as provided for in this Chapter, a person may
constitute, or be the beneficiary of, only one family home. (n)
ARTICLE 162. The provisions in this Chapter shall
also govern existing family residences insofar as said provisions are
applicable. (n)
TITLE
VI
Paternity and Filiation
CHAPTER 1
Legitimate Children
ARTICLE 163. The filiation of children may be by
nature or by adoption. Natural filiation may be legitimate or
illegitimate. (n)
ARTICLE 164. Children conceived or born during the
marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife
with the sperm of the husband or that of a donor or both are likewise
legitimate children of the husband and his wife, provided, that both of
them authorized or ratified such insemination in a written instrument
executed and signed by them before the birth of the child. The
instrument shall be recorded in the civil registry together with the
birth certificate of the child. (55a, 258a)
ARTICLE 165. Children conceived and born outside a
valid marriage are illegitimate, unless otherwise provided in this
Code. (n)
ARTICLE 166. Legitimacy of a child may be impugned
only on the following grounds:
(1)
That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
which immediately preceded the birth of the child because
of:
(a)
the physical incapacity of the husband to have sexual intercourse with
his wife;
(b) the fact
that the husband and wife were living separately in such a way that
sexual intercourse was not possible; or
(c) serious
illness of the husband, which absolutely prevented sexual intercourse;
(2)
That it is proved that for biological or other scientific reasons, the
child could not have been that of the husband, except in the instance
provided in the second paragraph of Article 164; or
(3) That in
case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through
mistake, fraud, violence, intimidation, or undue influence. (255a)
ARTICLE 167. The child shall be considered legitimate
although the mother may have declared against its legitimacy or may
have been sentenced as an adulteress. (256a)
ARTICLE 168. If the marriage is terminated and the
mother contracted another marriage within three hundred days after such
termination of the former marriage, these rules shall govern in the
absence of proof to the contrary:
(1)
A child born before one hundred eighty days after the solemnization of
the subsequent marriage is considered to have been conceived during the
former marriage, provided it be born within three hundred days after
the termination of the former marriage;
(2) A child
born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after
the termination of the former marriage. (259a)
ARTICLE 169. The legitimacy or illegitimacy of a
child born after three hundred days following the termination of the
marriage shall be proved by whoever alleges such legitimacy or
illegitimacy. (261a)
ARTICLE 170. The action to impugn the legitimacy of
the child shall be brought within one year from the knowledge of the
birth or its recording in the civil register, if the husband or, in a
proper case, any of his heirs, should reside in the city or
municipality where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at
the place of birth as defined in the first paragraph or where it was
recorded, the period shall be two years if they should reside in the
Philippines; and three years if abroad. If the birth of the child has
been concealed from or was unknown to the husband or his heirs, the
period shall be counted from the discovery or knowledge of the birth of
the child or of the fact of registration of said birth, whichever is
earlier. (263a)
ARTICLE 171. The heirs of the husband may impugn the
filiation of the child within the period prescribed in the preceding
article only in the following cases:
(1)
If the husband should die before the expiration of the period fixed for
bringing his action;
(2) If he
should die after the filing of the complaint without having desisted
therefrom; or
(3) If the
child was born after the death of the husband. (262a)
CHAPTER
2
Proof of Filiation
ARTICLE 172. The filiation of legitimate children is
established by any of the following:
(1)
The record of birth appearing in the civil register or a final
judgment; or
(2) An
admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation
shall be proved by:
(1)
The open and continuous possession of the status of a legitimate child;
or
(2) Any other
means allowed by the Rules of Court and special laws. (265a, 266a,
267a)
ARTICLE 173. The action to claim legitimacy may be
brought by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during minority or in a
state of insanity. In these cases, the heirs shall have a period of
five years within which to institute the action.
ARTICLE 174. Legitimate children shall have the right:
(1)
To bear the surnames of the father and the mother, in conformity with
the provisions of the Civil Code on Surnames;
(2) To receive
support from their parents, their ascendants, and in proper cases,
their brothers and sisters, in conformity with the provisions of this
Code on Support; and
(3) To be
entitled to the legitime and other successional rights granted to them
by the Civil Code. (264a)
CHAPTER
3
Illegitimate Children
ARTICLE 175. Illegitimate children may establish
their illegitimate filiation in the same way and on the same evidence
as legitimate children.
The action must be brought within the same period specified in Article
173, except when the action is based on the second paragraph of Article
172, in which case the action may be brought during the lifetime of the
alleged parent. (289a)
ARTICLE 176. Illegitimate children shall use the
surname and shall be under the parental authority of their mother, and
shall be entitled to support in conformity with this Code. The legitime
of each illegitimate child shall consist of one-half of the legitime of
a legitimate child. Except for this modification, all other provisions
in the Civil Code governing successional rights shall remain in force.
(287a)
CHAPTER
4
Legitimated Children
ARTICLE 177. Only children conceived and born outside
of wedlock of parents who, at the time of the conception of the former,
were not disqualified by any impediment to marry each other may be
legitimated. (269a)
ARTICLE 178. Legitimation shall take place by a
subsequent valid marriage between parents. The annulment of a voidable
marriage shall not affect the legitimation. (270a)
ARTICLE 179. Legitimated children shall enjoy the
same rights as legitimate children. (272a)
ARTICLE 180. The effects of legitimation shall
retroact to the time of the child’s birth. (273a)
ARTICLE 181. The legitimation of children who died
before the celebration of the marriage shall benefit their descendants.
(274)
ARTICLE 182. Legitimation may be impugned only by
those who are prejudiced in their rights, within five years from the
time their cause of action accrues. (275a)
TITLE
VII
Adoption
ARTICLE 183. A person of age and in possession of
full civil capacity and legal rights may adopt, provided he is in a
position to support and care for his children, legitimate or
illegitimate, in keeping with the means of the family.
Only minors may be adopted, except in the cases when the adoption of a
person of majority age is allowed in this Title.
In addition, the adopter must be at least sixteen years older than the
person to be adopted, unless the adopter is the parent by nature of the
adopted, or is the spouse of the legitimate parent of the person to be
adopted. (27a, EO 91 and PD 603)
ARTICLE 184. The following persons may not
adopt:
(1)
The guardian with respect to the ward prior to the approval of the
final accounts rendered upon the termination of their guardianship
relation;
(2) Any person
who has been convicted of a crime involving moral turpitude;
(3) An alien,
except:
(a)
A former Filipino citizen who seeks to adopt a relative by
consanguinity;
(b) One who
seeks to adopt the legitimate child of his or her Filipino spouse;
or
(c) One who is
married to a Filipino citizen and seeks to adopt jointly with his or
her spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino
children in accordance with the rules on inter-country adoption as may
be provided by law. (28a, EO 91 and PD 603)
ARTICLE 185. Husband and wife must jointly adopt,
except in the following cases:
(1)
When one spouse seeks to adopt his own illegitimate child; or
(2) When one
spouse seeks to adopt the legitimate child of the other. (29a, EO 91
and PD 603)
ARTICLE 186. In case husband and wife jointly adopt
or one spouse adopts the legitimate child of the other, joint parental
authority shall be exercised by the spousesn accordance with this Code.
(29a, EO and PD 603)
ARTICLE 187. The following may not be adopted:
(1)
A person of legal age, unless he or she is a child by nature of the
adopter or his or her spouse, or, prior to the adoption, said person
has been consistently considered and treated by the adopter as his or
her own child during minority.
(2) An alien
with whose government the Republic of the Philippines has no diplomatic
relations; and
(3) A person
who has already been adopted unless such adoption has been previously
revoked or rescinded. (30a, EO 91 and PD 603)
ARTICLE 188. The written consent of the following to
the adoption shall be necessary:
(1)
The person to be adopted, if ten years of age or over,
(2) The
parents by nature of the child, the legal guardian, or the proper
government instrumentality;
(3) The
legitimate and adopted children, ten years of age or over, of the
adopting parent or parents;
(4) The
illegitimate children, ten years of age or over, of the adopting
parent, if living with said parent and the latter’s spouse, if any; and
(5) The
spouse, if any, of the person adopting or to be adopted. (31a, EO 91
and PD 603)
ARTICLE 189. Adoption shall have the following
effects:
(1)
For civil purposes, the adopted shall be deemed to be a legitimate
child of the adopters and both shall acquire the reciprocal rights and
obligations arising from the relationship of parent and child,
including the right of the adopted to use the surname of the adopters;
(2) The
parental authority of the parents by nature over the adopted shall
terminate and be vested in the adopters, except that if the adopter is
the spouse of the parent by nature of the adopted, parental authority
over the adopted shall be exercised jointly by both spouses; and
(3) The
adopted shall remain an intestate heir of his parents and other blood
relatives. (39(1)a, (3)a, PD 603)
ARTICLE 190. Legal or intestate succession to the
estate of the adopted shall be governed by the following rules:
(1)
Legitimate and illegitimate children and descendants and the surviving
spouse of the adopted shall inherit from the adopted, in accordance
with the ordinary rules of legal or intestate succession;
(2) When the
parents, legitimate or illegitimate, or the legitimate ascendants of
the adopted concur with the adopters, they shall divide the entire
estate, one-half to be inherited by the parents or ascendants and the
other half, by the adopters;
(3) When the
surviving spouse or the illegitimate children of the adopted concur
with the adopters, they shall divide the entire estate in equal shares,
one-half to be inherited by the spouse or the illegitimate children of
the adopted and the other half, by the adopters.
(4) When the
adopters concur with the illegitimate children and the surviving spouse
of the adopted, they shall divide the entire estate in equal shares,
one-third to be inherited by the illegitimate children, one-third by
the surviving spouse, and one-third by the adopters;
(5) When only
the adopters survive, they shall inherit the entire estate; and
(6) When only
collateral blood relatives of the adopted survive, then the ordinary
rules of legal or intestate succession shall apply. (39(4)a, PD 603)
ARTICLE 191. If the adopted is a minor or otherwise
incapacitated, the adoption may be judicially rescinded upon petition
of any person authorized by the court or proper government instrumental
acting on his behalf, on the same grounds prescribed for loss or
suspension of parental authority. If the adopted is at least eighteen
years of age, he may petition for judicial rescission of the adoption
on the same grounds prescribed for disinheriting an ascendant. (40a, PD
603)
ARTICLE 192. The adopters may petition the court for
the judicial rescission of the adoption in any of the following
cases:
(1)
If the adopted has committed any act constituting a ground for
disinheriting a descendant; or
(2) When the
adopted has abandoned the home of the adopters during minority for at
least one year, or, by some other acts, has definitely repudiated the
adoption. (41a, PD 603)
ARTICLE 193. If the adopted minor has not reached the
age of majority at the time of the judicial rescission of the adoption,
the court in the same proceeding shall reinstate the parental authority
of the parents by nature, unless the latter are disqualified or
incapacitated, in which case the court shall appoint a guardian over
the person and property of the minor. If the adopted person is
physically or mentally handicapped, the court shall appoint in the same
proceeding a guardian over his person or property or both.
Judicial rescission of the adoption shall extinguish all reciprocal
rights and obligations between the adopters and the adopted arising
from the relationship of parent and child. The adopted shall likewise
lose the right to use the surnames of the adopters and shall resume his
surname prior to the adoption.
The court shall accordingly order the amendment of the records in the
proper registries. (42a, PD 603)
TITLE
VIII
Support
ARTICLE 194. Support compromises everything
indispensable for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the financial capacity of
the family.
The education of the person entitled to be supported referred to in the
preceding paragraph shall include his schooling or training for some
profession, trade or vocation, even beyond the age of majority.
Transportation shall include expenses in going to and from school, or
to and from place of work. (290a)
ARTICLE 195. Subject to the provisions of the
succeeding articles, the following are obliged to support each other to
the whole extent set forth in the preceding article:
(1)
The spouses;
(2) Legitimate
ascendants and descendants;
(3) Parents
and their legitimate children and the legitimate and illegitimate
children of the latter;
(4) Parents
and their illegitimate children and the legitimate and illegitimate
children of the latter; and
(5) Legitimate
brothers and sisters, whether of full or half-blood (291a)
ARTICLE 196. Brothers and sisters not legitimately
related, whether of the full or half-blood, are likewise bound to
support each other to the full extent set forth in Article 194, except
only when the need for support of the brother or sister, being of age,
is due to a cause imputable to the claimant’s fault or negligence.
(291a)
ARTICLE 197. In case of legitimate ascendants;
descendants, whether legitimate or illegitimate; and brothers and
sisters, whether legitimately or illegitimately related, only the
separate property of the person obliged to give support shall be
answerable provided that in case the obligor has no separate property,
the absolute community or the conjugal partnership, if financially
capable, shall advance the support, which shall be deducted from the
share of the spouse obliged upon the liquidation of the absolute
community or of the conjugal partnership. (n)
ARTICLE 198. During the proceedings for legal
separation or for annulment of marriage, and for declaration of nullity
of marriage, the spouses and their children shall be supported from the
properties of the absolute community or the conjugal partnership. After
the final judgment granting the petition, the obligation of mutual
support between the spouses ceases. However, in case of legal
separation, the court may order that the guilty spouse shall give
support to the innocent one, specifying the terms of such order.
(292a)
ARTICLE 199. Whenever two or more persons are obliged
to give support, the liability shall devolve upon the following persons
in the order herein provided:
(1)
The spouse;
(2) The
descendants in the nearest degree;
(3) The
ascendants in the nearest degree; and
(4) The
brothers and sisters. (294a)
ARTICLE 200. When the obligation to give support
falls upon two or more persons, the payment of the same shall be
divided between them in proportion to the resources of
each.
However, in case of urgent need and by special circumstances, the judge
may order only one of them to furnish the support provisionally,
without prejudice to his right to claim from the other obligors the
share due from them.
When two or more recipients at the same time claim support from one and
the same person legally obliged to give it, should the latter not have
sufficient means to satisfy all claims, the order established in the
preceding article shall be followed, unless the concurrent obligees
should be the spouse and a child subject to parental authority, in
which case the child shall be preferred. (295a)
ARTICLE 201. The amount of support, in the cases
referred to in Articles 195 and 196, shall be in proportion to the
resources or means of the giver and to the necessities of the
recipient. (296a)
ARTICLE 202. Support in the cases referred to in the
preceding article shall be reduced or increased proportionately,
according to the reduction or increase of the necessities of the
recipient and the resources or means of the person obliged to furnish
the same. (297a)
ARTICLE 203. The obligation to give support shall be
demandable from the time the person who has a right to receive the same
needs it for maintenance, but it shall not be paid except from the date
of judicial or extrajudicial demand.
Support pendente lite may be claimed in accordance with the Rules of
Court.
Payment shall be made within the first five days of each corresponding
month or when the recipient dies, his heirs shall not be obliged to
return what he has received in advance. (298a)
ARTICLE 204. The person obliged to give support shall
have the option to fulfill the obligation either by paying the
allowance fixed, or by receiving and maintaining in the family dwelling
the person who has a right to receive support. The latter alternative
cannot be availed of in case there is a moral or legal obstacle
thereto. (299a)
ARTICLE 205. The right to receive support under this
Title as well as any money or property obtained as such support shall
not be levied upon on attachment or execution. (302a)
ARTICLE 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)
ARTICLE 207. When the person obliged to support
another unjustly refuses or fails to give support when urgently needed
by the latter, any third person may furnish support to the needy
individual, with right of reimbursement from the person obliged to give
support. This Article shall particularly apply when the father or
mother of a child under the age of majority unjustly refuses to support
or fails to give support to the child when urgently needed.
(2166a)
ARTICLE 208. In case of contractual support or that
given by will, the excess in amount beyond that required for legal
support shall be subject to levy on attachment or execution.
Furthermore, contractual support shall be subject to adjustment
whenever modification is necessary due to changes of circumstances
manifestly beyond the contemplation of the parties. (n)
TITLE
IX
Parental Authority
CHAPTER 1
General Provisions
ARTICLE 209. Pursuant to the natural right and duty
of parents over the person and property of their unemancipated
children, parental authority and responsibility shall include the
caring for and rearing them for civic consciousness and efficiency and
the development of their moral, mental and physical character and
well-being. (n)
ARTICLE 210. Parental authority and responsibility
may not be renounced or transferred except in the cases authorized by
law. (313a)
ARTICLE 211. The father and the mother shall jointly
exercise parental authority over the persons of their common children.
In case of disagreement, the father’s decision shall prevail, unless
there is a judicial order to the contrary.
Children shall always observe respect and reverence towards their
parents and are obliged to obey them as long as the children are under
parental authority. (311a)
ARTICLE 212. In case of absence or death of either
parent, the parent present shall continue exercising parental
authority. The remarriage of the surviving parent shall not affect the
parental authority over the children, unless the court appoints another
person to be the guardian of the person or property of the children.
(n)
ARTICLE 213. In case of separation of the parents,
parental authority shall be exercised by the parent designated by the
Court. The Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless the
parent chosen is unfit. (n)
ARTICLE 214. In case of death, absence or
unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. In case several survive, the
one designated by the court, taking into account the same consideration
mentioned in the preceding article, shall exercise the authority.
(355a)
ARTICLE 215. No descendant shall be compelled, in a
criminal case, to testify against his parents and grandparents, except
when such testimony is indispensable in a crime against the descendant
or by one parent against the other. (315a)
CHAPTER
2
Substitute and Special Parental
Authority
ARTICLE 216. In default of parents or a judicially
appointed guardian, the following persons shall exercise substitute
parental authority over the child in the order indicated:
(1)
The surviving grandparent, as provided in Art. 214;
(2) The oldest
brother or sister, over twenty-one years of age, unless unfit or
disqualified; and
(3) The
child’s actual custodian, over twenty-one years of age, unless unfit or
disqualified.
Whenever the appointment or a judicial guardian over the property of
the child becomes necessary, the same order of preference shall be
observed. (349a, 351a, 354a)
ARTICLE 217. In case of foundlings, abandoned
neglected or abused children and other children similarly situated,
parental authority shall be entrusted in summary judicial proceedings
to heads of children’s homes, orphanages and similar institutions duly
accredited by the proper government agency. (314a)
ARTICLE 218. The school, its administrators and
teachers, or the individual, entity or institution engaged in child are
shall have special parental authority and responsibility over the minor
child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities
whether inside or outside the premises of the school, entity or
institution. (349a)
ARTICLE 219. Those given the authority and
responsibility under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or the persons
exercising substitute parental authority over said minor shall be
subsidiarily liable.
The respective liabilities of those referred to in the preceding
paragraph shall not apply if it is proved that they exercised the
proper diligence required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts. (n)
CHAPTER
3
Effect of Parental Authority
Upon the Persons of the Children
ARTICLE 220. The parents and those exercising
parental authority shall have with the respect to their unemancipated
children or wards the following rights and duties:
(1)
To keep them in their company, to support, educate and instruct them by
right precept and good example, and to provide for their upbringing in
keeping with their means;
(2) To give
them love and affection, advice and counsel, companionship and
understanding;
(3) To provide
them with moral and spiritual guidance, inculcate in them honesty,
integrity, self-discipline, self-reliance, industry and thrift,
stimulate their interest in civic affairs, and inspire in them
compliance with the duties of citizenship;
(4) To
enhance, protect, preserve and maintain their physical and mental
health at all times;
(5) To furnish
them with good and wholesome educational materials, supervise their
activities, recreation and association with others, protect them
from bad company, and prevent them from acquiring habits detrimental to
their health, studies and morals;
(6) To
represent them in all matters affecting their interests;
(7) To demand
from them respect and obedience;
(8) To impose
discipline on them as may be required under the circumstances; and
(9) To perform
such other duties as are imposed by law upon parents and guardians.
(316a)
ARTICLE 221. Parents and other persons exercising
parental authority shall be civilly liable for the injuries and damages
caused by the acts or omissions of their unemancipated children living
in their company and under their parental authority subject to the
appropriate defenses provided by law. (2180(2)a and (4)a)
ARTICLE 222. The courts may appoint a guardian of the
child’s property or a guardian ad litem when the best interests of the
child so requires. (317)
ARTICLE 223. The parents or, in their absence or
incapacity, the individual, entity or institution exercising parental
authority, may petition the proper court of the place where the child
resides, for an order providing for disciplinary measures over the
child. The child shall be entitled to the assistance of counsel, either
of his choice or appointed by the court, and a summary hearing shall be
conducted wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds the petitioner at
fault, irrespective of the merits of the petition, or when the
circumstances so warrant, the court may also order the deprivation or
suspension of parental authority or adopt such other measures as it may
deem just and proper. (318a)
ARTICLE 224. The measures referred to in the
preceding article may include the commitment of the child for not more
than thirty days in entities or institutions engaged in child care or
in children’s homes duly accredited by the proper government
agency.
The parent exercising parental authority shall not interfere with the
care of the child whenever committed but shall provide for his support.
Upon proper petition or at its own instance, the court may terminate
the commitment of the child whenever just and proper. (391a)
CHAPTER
4
Effect of Parental Authority
Upon the Property of the Children
ARTICLE 225. The father and the mother shall jointly
exercise legal guardianship over the property of the unemancipated
common child without the necessity of a court appointment.n case of
disagreement, the father’s decision shall prevail, unless there is a
judicial order to the contrary.
Where the market value of the property or the annual income of the
child exceeds P50,000, the parent concerned shall be required to
furnish a bond in such amount as the court may determine, but not less
than ten per centum (10%) of the value of the property or annual
income, to guarantee the performance of the obligations prescribed for
general guardians.
A verified petition for approval of the bond shall be filed in the
proper court of the place where the child resides, or, if the child
resides in a foreign country, in the proper court of the place where
the property or any part thereof is situated.
The petition shall be docketed as a summary special proceeding in which
all incidents and issues regarding the performance of the obligations
referred to in the second paragraph of this Article shall be heard and
resolved.
The ordinary rules on guardianship shall be merely suppletory except
when the child is under substitute parental authority, or the guardian
is a stranger, or a parent has remarried, in which case the ordinary
rules on guardianship shall apply. (320a)
ARTICLE 226. The property of the unemancipated child
earned or acquired with his work or industry or by onerous or
gratuitous title shall belong to the child in ownership and shall be
devoted exclusively to the latter’s support and education, unless the
title or transfer provides otherwise.
The right of the parents over the fruits and income of the child’s
property shall be limited primarily to the child’s support and
secondarily to the collective daily needs of the family. (321a,
323a)
ARTICLE 227. If the parents entrust the management or
administration of any of their properties to an unemancipated child,
the net proceeds of such property shall belong to the owner. The child
shall be given a reasonable monthly allowance in an amount not less
than that which the owner would have paid if the administrator were a
stranger, unless the owner, grants the entire proceeds to the child. In
any case, the proceeds thus given in whole or in part shall not be
charged to the child’s legitime. (322a)
CHAPTER
5
Suspension or Termination of
Parental Authority
ARTICLE 228. Parental authority terminates
permanently:
(1)
Upon the death of the parents;
(2) Upon the
death of the child; or
(3) Upon
emancipation of the child. (327a)
ARTICLE 229. Unless subsequently revived by a final
judgment, parental authority also terminates:
(1)
Upon adoption of the child;
(2) Upon
appointment of a general guardian;
(3) Upon
judicial declaration of abandonment of the child in a case filed for
the purpose;
(4) Upon final
judgment of a competent court divesting the party concerned of parental
authority; or
(5) Upon
judicial declaration of absence or incapacity of the person exercising
parental authority. (327a)
ARTICLE 230. Parental authority is suspended upon
conviction of the parent or the person exercising the same of a crime
which carries with it the penalty of civil interdiction. The authority
is automatically reinstated upon service of the penalty or upon pardon
or amnesty of the offender. (330a)
ARTICLE 231. The court in an action filed for the
purpose in a related case may also suspend parental authority if the
parent or the person exercising the same:
(1)
Treats the child with excessive harshness or cruelty;
(2) Gives the
child corrupting orders, counsel or example;
(3) Compels
the child to beg; or
(4) Subjects
the child or allows him to be subjected to acts of
lasciviousness.
The grounds enumerated above are deemed to include cases which have
resulted from culpable negligence of the parent or the person
exercising parental authority.
If the degree of seriousness so warrants, or the welfare of the child
so demands, the court shall deprive the guilty party of parental
authority or adopt such other measures as may be proper under the
circumstances.
The suspension or deprivation may be revoked and the parental authority
revived in a case filed for the purpose or in the same proceeding if
the court finds that the cause therefor has ceased and will not be
repeated. (33a)
ARTICLE 232. If the person exercising parental
authority has subjected the child or allowed him to be subjected to
sexual abuse, such person shall be permanently deprived by the
court of such authority. (n)
ARTICLE 233. The person exercising substitute
parental authority shall have the same authority over the person of the
child as the parents.
In no case shall the school administrator, teacher or individual
engaged in child care exercising special parental authority inflict
corporal punishment upon the child. (n)
TITLE
X
Emancipation and Age of
Majority
ARTICLE 234. Emancipation takes place by the
attainment of majority. Unless otherwise provided, majority commences
at the age of twenty-one years.
Emancipation also takes place:
(1)
By the marriage of the minor; or
(2) By the
recording in the Civil Register of an agreement in a public instrument
executed by the parent exercising parental authority and the minor at
least eighteen years of age. Such emancipation shall be irrevocable.
(397a, 398a, 400a, 401a)
ARTICLE 235. The provisions governing emancipation by
recorded agreement shall also apply to an orphan minor and the person
exercising parental authority but the agreement must be approved by the
court before it is recorded. (n)
ARTICLE 236. Emancipation for any cause shall
terminate parental authority over the person and property of the child
who shall then be qualified and responsible for all acts of civil life.
(412a)
ARTICLE 237. The annulment or declaration of nullity
of the marriage of a minor or of the recorded agreement mentioned in
the foregoing. Articles 234 and 235 shall revive the parental authority
over the minor but shall not affect acts and transactions that took
place prior to the recording of the final judgment in the Civil
Register. (n)
TITLE
XI
Summary Judicial Proceedings in
the Family Law
CHAPTER 1
Scope of Application
ARTICLE 238. Until modified by the Supreme Court, the
procedural rules in this Title shall apply in all cases provided for in
this Code requiring summary court proceedings. Such cases shall be
decided in an expeditious manner, without regard to technical rules.
(n)
CHAPTER
2
Separation in Fact Between
Husband and Wife
ARTICLE 239. When a husband and wife are separated in
fact, or one has abandoned the other and one of them seeks judicial
authorization for a transaction where the consent of the other spouse
is required by law but such consent is withheld or cannot be obtained,
a verified petition may be filed in court alleging the foregoing
facts.
The petition shall attach the proposed deed, if any, embodying the
transaction, and, if none, shall describe in detail the said
transaction and state the reason why the required consent thereto
cannot be secured. In any case, the final deed duly executed by the
parties shall be submitted to and approved by the court. (n)
ARTICLE 240. Claims for damages by either spouse,
except costs of the proceedings, may be litigated only in a separate
action. (n)
ARTICLE 241. Jurisdiction over the petition shall,
upon proof of notice to the other spouse, be exercised by the proper
court authorized to hear family cases, if one exists, or in the
regional trial court or its equivalent sittingn the place where either
of the spouses resides. (n)
ARTICLE 242. Upon the filing of the petition, the
court shall notify the other spouse, whose consent to the transaction
is required, of said petition, ordering said spouse to show cause why
the petition should not be granted, on or before the date set in said
notice for the initial conference. The notice shall be accompanied by a
copy of the petition and shall be served at the last known address of
the spouse concerned. (n)
ARTICLE 243. A preliminary conference shall be
conducted by the judge personally without the parties being assisted by
counsel. After the initial conference, if the court deems it useful,
the parties may be assisted by counsel at the succeeding conferences
and hearings. (n)
ARTICLE 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)
ARTICLE 245. If, despite all efforts, the attendance
of the non-consenting spouse is not secured, the court may
proceed ex parte and render judgment as the facts and circumstances may
warrant. In any case, the judge shall endeavor to protect the
interests of the non-appearing spouse. (n)
ARTICLE 246. If the petition is not resolved at the
initial conference, said petition shall be decided in a summary hearing
on the basis of affidavits, documentary evidence or oral testimonies at
the sound discretion of the court. If testimony is needed, the court
shall specify the witnesses to be heard and the subject-matter of their
testimonies, directing the parties to present said witnesses. (n)
ARTICLE 247. The judgment of the court shall be
immediately final and executory. (n)
ARTICLE 248. The petition for judicial authority to
administer or encumber specific separate property of the abandoning
spouse and to use the fruits or proceeds thereof for the support of the
family shall also be governed by these rules. (n)
CHAPTER
3
Incidents Involving Parental
Authority
ARTICLE 249. Petitions filed under Articles 223, 225
and 235 of this Code involving parental authority shall be verified.
(n)
ARTICLE 250. Such petitions shall be verified and
filed in the proper court of the place where the child resides. (n)
ARTICLE 251. Upon the filing of the petition, the
court shall notify the parents or, in their absence or incapacity, the
individuals, entities or institutions exercising parental authority
over the child. (n)
ARTICLE 252. The rules in Chapter 2 hereof shall also
govern summary proceedings under this Chapter insofar as they are
applicable. (n)
ARTICLE 253. The foregoing rules in Chapters 2 and 3
hereof shall likewise govern summary proceedings filed under Articles
41, 51, 69, 73, 96, 124 and 217, insofar as they are applicable. (n)
TITLE
XII
Final Provisions
ARTICLE 254. Titles III, IV, V, VI, VIII, IX, XI, and
XV of Book 1 of Republic Act No. 386, otherwise known as the Civil Code
of the Philippines, as amended, and Articles 17, 18, 19, 27, 28, 29,
30, 31, 39, 40, 41, and 42 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare Code, as amended, and
all laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof, inconsistent herewith are hereby
repealed.
ARTICLE 255. If any provision of this Code is held
invalid, all the other provisions not affected thereby shall remain
valid.
ARTICLE 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.
ARTICLE 257. This Code shall take effect one year
after the completion of its publication in a newspaper of general
circulation, as certified by the Executive Secretary, Office of the
President.
Done in the City of Manila,
this 6th day of July, in the year of Our Lord, nineteen hundred
and eighty-seven.
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