PRELIMINARY TITLE (ART.
o When the law is penal in
1-36)
CHAPTER 1- EFFECT AND
APPLICATION OF LAWS
A. Effectivity of laws
Laws shall take effect after
fifteen days following the
completion of their publication
either in the Official Gazette, or
in a newspaper of general
circulation in the Philippines,
unless it is otherwise provided.
(Art. 2 of NCC, As amended by
E.O. 200)
Publication is indispensable in
every case, but the legislature
may in its discretion provide
that the usual fifteen-day
period shall be shortened or
extended. (Tanada v. Tuvera
[1986])
Publication must be in full or it
is not publication at all.
(Tanada v. Tuvera [1986])
Publication is not necessary so
long as the law is not punitive
in character. (Askay v. Casalan)
B. Non-retroactivity of laws
General Rule- Laws shall have
no retroactive effect. (art. 4,
NCC)
Exceptions-
o When the law expressly
provides for
retroactivity
o When the law is curative
or remedial
o When the law is
procedural
character and favorable
to the accused.
C. Waiver
Rights may be waived, unless
the waiver is contrary to law,
public policy, morals or good
customs, or prejudicial to a
third person with a right
recognized by law. (art. 6, NCC)
The Preferential rights of
tenants to purchase a public
land cannot be validly waiver
because such waiver is against
public policy. (Gonzon v. CA)
D. Judicial Decisions
When a doctrine of the
Supreme Court is overruled
and a different view is adopted,
the new doctrine should be
applied prospectively, and
should not apply to parties who
had relied on the old doctrine
and acted on the faith thereof.
(People v. Jabinal)
E. Obligatory Force of Penal Laws
Penal laws and those of public
security and safety shall be
obligatory upon all who live or
sojourn in Philippine territory,
subject to the principles of
public international law and to
treaty stipulations. (art. 14,
NCC)
F. Nationality Rule
Laws relating to family rights
and duties, or to the status,
condition and legal capacity of
persons are binding upon
citizens of the Philippines, even
though living abroad. (art. 15,
NCC)
 When a Filipino procures an
absolute divorce abroad, the
Philippine law considers him or
her still married. (Tenchavez v.
Escano)
G. Law Governing Real Properties
The law of the country where
the real property is situated
shall govern over such real
property. (art. 16, NCC)
Intestate and testamentary
successions, both with respect
to the order of succession and
to the amount of successional
rights and to the intrinsic
validity of testamentary
provisions, shall be regulated
by the national law of the
person whose succession is
under consideration, whatever
may be the nature of the
property wherein said property
may be found. (art. 16, NCC)
A provision in a foreigners will
to the effect that his properties
shall be distributed in
accordance with Philippine law
and not with his national law, is
illegal and void, for his national
law cannot be ignored.
(Minciano v. Brimo)
H. Extrinsic Validity
The law provides that the
forms and solemnities of public
instruments, wills, and
contracts shall be governed by
the laws of the country where
they are executed. (art. 17,
NCC)
CHAPTER 2- HUMAN
RELATIONS
A. Principle of abuse of rights, General
sanction, and Contra bonus mores.
Every person must, in the
exercise of his rights and in the
performance of his duties, act
with justice, give everyone his
due, and observe honesty and
good faith. (art. 19)
Every person who, contrary to
law, willfully or negligently
causes damage to another, shall
indemnify the latter for the
same. (art. 20)
Any person who willfully
causes loss or injury to another
in a manner that is contrary to
morals, good customs or public
policy shall compensate the
latter for the damage. (art. 21)
Generally, a breach of promise
to marry is not actionable, but
to formally set a wedding and
go through and spend for all
the wedding preparations and
publicity, only to walk out of it
when the matrimony was about
to be solemnized, is a different
matter. (Wassmen v. Velez)
B. Unjust Enrichment
Even when an act or event causing
damage to anothers property was
not due to the fault or negligence
of the defendant, the latter shall be
liable for indemnity if through the
act or event he was benefited. (art.
23)
C. Relief against public officials
Any person suffering material or
moral loss because a public
servant or employee refuses or
neglects, without just cause, to
 perform his official duty may file
an action for damages and other
relief against the latter, without
prejudice to any disciplinary
administrative action that may be
taken. (art. 27)
A student who was refused to
graduate with honors by the
president of a state college when
the same is earned and deserved,
is entitled to damages. (Ledesma v.
CA)
D. Prejudicial Question
A prejudicial question is one that
arises in a case, the resolution of
which is a logical antecedent of the
issue involved therein, and the
cognizance of which pertains to
another tribunal. (Zapanta v.
Montesa)
BOOK 1- PERSONS
TITLE I- CIVIL PERSONALITY
CHAPTER 1- GENERAL
PROVISIONS
A. Juridical Capacity and Capacity to Act.
Juridical Capacity is the fitness to
be the subject of legal relations.
This is inherent to every natural
person and is lost only through
death. (art. 37)
Capacity to act is the power to do
acts with legal effect. This is not
inherent in a person. (art. 37)
conditions specified in article 41 of the
Civil Code. (art. 40)
For civil purposes, the foetus is
considered born if it is alive at the time it
is completely delivered from the mothers
womb. However, if the foetus had an intra-
uterine life of less than seven months, it is
not deemed born if it dies within twenty-
four hours after its complete delivery
from the maternal womb. (art. 41)
The Supreme Court ruled that a perent
cannot invoke the concept of provisional
personality of a conceived child to obtain
damages for and on behalf of an aborted
child considering that the conditions set
in Articles 40 and 41 were not met.
(Geluz v. CA)

B. Restrictions on Capacity to Act

1. Minority
CHAPTER 3- JURIDICAL
2. Insanity or imbecility PERSONS
3. State of being a deaf-mute
4. Prodigality A. Juridical Person
5. Civil interdiction
A juridical person is a being of
C. Modifications or Limitations on Capacity to legal existence susceptible of
Act rights and obligations, or of
being the subject of juridical
1. Age relations. (Roldan v. Philippine
2. Insanity,
Veterans Board)
3. Imbecility,
The following are juridical
4. Deaf-mute
5. Penalty persons:
6. Prodigality 1. The state and its
7. Family relations, political subdivisions;
8. Alienage, 2. Other corporations,
9. Absence, institutions and entities
10. Insolvency for public interest or
11. Trusteeship. purpose, created by law;
their personality begins
CHAPTER 2- NATURAL as soon as they have
been constituted
PERSONS according to law;
3. Corporations,
A. Commencement of Civil Personality
partnerships and
Birth determines personality; but the associations for private
conceived child shall be considered born interest or purpose to
for all purposes that are favorable to it, which the law grants a
provided it be born later with the juridical personality,
 separate and distinct CHAPTER 1- PROVISIONAL
from that of each
shareholder, partner or MEASURES IN CASE OF
member. (art. 44) ABSENCE.
When a person disappears from his domicile, his
whereabouts being unknown, and without
TITLE II- CITIZENSHIP AND leaving an agent to administer his property, the
judge, at the instance of an interested party, a
DOMICILE relative, or a friend, may appoint a person to
represent him in all that may be necessary. (art.
A. Citizenship (article IV of the 1987 Constitution
381)
now governs the rule on citizenship)

TITLE III-IX, (repealed by the Family

Code)
TITLE X- FUNERALS
Any person who allows disrespect to the dead, or
wrongfully interferes with a funeral shall be
liable to the family of the deceased for damages,
material or moral. (art. 309, NCC)
CHAPTER 2- DECLARATION OF
ABSENCE.
Two years having elapses without any news
about the absentee or since the receipt of the last
news, and five years in case the absentee has left
a person in charge of the administration of his
property, his absence may be declared. (art. 384)
The following may ask for the declaration of
absence:

TITLE XI- (repealed by the Family Code) 1. The spouse present;

TITLE XII- CARE AND
EDUCATION OF CHILDREN
TITLE XIII- USE OF SURNAMES
Legitimate and legitimated children shall
principally use the surname of the father. (art.
364, NCC)
An adopted child shall bear the surname of the
adopter. (art. 365)
Illegitimate children referred to in Article 287
shall bear the surname of the mother. (art. 368)
TITLE XVI- ABSENCE
2. The heirs instituted in a will, who may
present an authentic copy of the same;
3. The relatives who may succeed by the law
of intestacy
4. Those who may have over the property of
the absentee some right subordinated to
the condition of his death. (art. 385)
CHAPTER 3- ADMINISTRATION
OF THE PROPERTY OF THE
ABSENTEE.
The wife who is appointed as an administratrix
of the husbands property cannot alienate or
encumber the husbands property, or that of the
conjugal partnership, without judicial authority.
(art. 388)
CHAPTER 4- PRESUMPTION OF
DEATH.
After an absence of seven years, it being
unknown whether or not the absentee still lives,
he shall be presumed dead for all purposes,
except for those of succession. (art. 390)

The absentee shall not be presumed dead for the

purpose of opening his succession till after an
absence of ten years. If he disappeared after the
age of seventy-five years, an absence of five years
shall be sufficient in order that his succession
may be opened. (art. 390)

The following shall be presumed dead for all

purposes, including the division of the estate
among the heirs:

(1) A person on board a vessel lost during

a sea voyage, or an aeroplane which is
missing, who has not been heard of for
four years since the loss of the vessel or
aeroplane;

(2) A person in the armed forces who has

taken part in war, and has been missing
for four years;

(3) A person who has been in danger of

death under other circumstances and his
existence has not been known for four
years. (art. 391)

CHAPTER 5- EFFECT OF
ABSENCE UPON THE
CONTINGENT RIGHTS OF THE
ABSENTEE.

TITLE XVI- CIVIL REGISTER

Acts, events and judicial decrees concerning the
civil status of persons shall be recorded in the
civil register. (art. 407)
THE FAMILY CODE
TITLE I- MARRIAGE
CHAPTER 1- REQUISITES OF
MARRIAGE.
A. Marriage, definition.
Marriage is a special contract of
permanent union between a
man and a woman entered into
in accordance with the 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. (art. 1,
FC)
B. Marriage, essential requisites.
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. (art. 2, FC)
C. Marriage, formal requisites.
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
and wife in the presence of not less
than two witnesses of legal age. (art. 3,
FC)
D. Absence, defect, irregularities in essential
and formal requirements.
The absence of any of the
essential or formal requisites
shall render the marriage void
ab initio, except as stated in
Article 35(2).
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.
E. Authorized Solemnizers of Marriage.
(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 case 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
F. Parental Advice. capacity to remarry under Philippine law.
(As amended by Executive Order 227)
Any contracting party between the age of
twenty-one and twenty-five shall be
obliged to ask their parents or guardian
I. Related doctrines
for advice upon the intended marriage. If
they do not obtain such advice, or if it be The Supreme Court held as
unfavorable, the marriage license shall illegal a company policy which
not be issued till after three months provided that in case two of
following the completion of the their employees decide to get
publication of the application therefor. A married to each other, one of
sworn statement by the contracting them should resign from the
parties to the effect that such advice has company. (Star Paper
been sought, together with the written Corporation v. Simbol)
advice given, if any, shall be attached to An employment contract
the application for marriage license. requiring an employee to
Should the parents or guardian refuse to disclose to management any
give any advice, this fact shall be stated in existing or future relationship
the sworn statement. (art. 15, FC) by consanguinity or affinity
with co-employees or
G. Marriage License and Date of Issue
employees of competing drug
The license shall be valid in any part of companies and requiring such
the Philippines for a period of one employee to resign should
hundred twenty days (120 days) from management find that such
the date of issue, and shall be deemed relationship poses a possible
automatically cancelled at the expiration conflict of interest is allowed.
of the said period if the contracting (Duncan v. Glaxo)
parties have not made use of it. The expiry There is no law legally
date shall be stamped in bold characters recognizing sex reassignment.
on the face of every license issued. (art. (Silverio v. Republic; the case
20, FC) of Cagandahan is a different
case since it involves an
H. Validity of marriages celebrated abroad. intersex individual)
All marriages solemnized outside the Public policy should aid acts
Philippines, in accordance with the laws intended to validate marriages
in force in the country where they were and should retard acts
solemnized, and valid there as such, shall intended to invalidate
also be valid in this country, except those marriages. SEMPER
prohibited under Articles 35 (1), (4), (5) PRESUMPITUR PRO
and (6), 3637 and 38. (art. 26, FC) MATRIMONIO (always presume
Where a marriage between a Filipino marriage). (Adong v. Cheong
citizen and a foreigner is validly Seng Gee.)
celebrated and a divorce is thereafter
validly obtained abroad by the alien
spouse capacitating him or her to
remarry, the Filipino spouse shall have
CHAPTER 2- MARRIAGES
EXEMPT FROM LICENSE
REQUIREMENT.
1. Marriages in articulo mortis or when one
or both parties are at the point of death
2. Marriages in isolated places with no
available means of transportation
3. Marriages among muslims or other ethnic
cultural communities
4. Marriages of those who have lived
together as husband and wife without any
legal impediment for at least 5 years.
CHAPTER 3- VOID AND
VOIDABLE MARRIAGES.
A. Void Marriages, types.
Void marriages for absence of requisites.
(art. 35)
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 failing 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.
Void marriages for Psychological
Incapacity (art. 36)
1. 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
Void marriages for incestuous marriage.
(art. 37)
1. Between ascendants and
descendants of any degree; and
2. Between brothers and sisters,
whether of the full or half blood
Void marriages for reason of public policy
(38)
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
Void marriages for reason of no judicial
declaration of nullity. (art. 40)
Void marriages for reason of being
bigamous. (art. 41)
B. Voidable marriages. (annullable marriage is
the same as a voidable 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.
C. Persons who may file an action for
annulment of marriage.
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.
C. Related doctrine (s)
The Supreme Court held that an action for
nullity of marriage does not prescribe.
(Republic v. Dayot)
TITLE II- LEGAL SEPARATION
A. Grounds for legal separation (art. 55)
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.
B. Grounds for denial of a petition for legal
separation
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 decree of legal
separation; or
6. Where the action is barred by
prescription.
C. Related doctrines.
The grounds for legal separation
enumerated by law are exclusive. (Lacson
v. San Jose-Lacson)
TITLE III- RIGHTS AND
OBLIGATIONS BETWEEN
HUSBAND AND WIFE
A. Duties and Obligations
1. To live together (art. 68)
2. To observe mutual love, respect and
fidelity (art. 68)
3. To render mutual help and support (art.
68)
4. To fix the family domicile (art. 69)
5. To support the family (art. 70)
6. To manage the household (art. 71)
7. To exercise a profession subject to certain
conditions (art. 73)
C. Related doctrines
Procreation is also an essential marital
obligation. (Chi Ming Tsoi v. CA)
A court can compel a spouse to give
support. (Ramirez-Cuaderno v. Cuaderno)
TITLE IV- PROPERTY
RELATIONS BETWEEN
HUSBAND AND WIFE
CHAPTER 1- GENERAL
PROVISIONS
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. (art. 75)
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.
(art. 77)
CHAPTER 2- DONATIONS BY
REASON OF MARRIAGE
A. Donation Propter Nuptias
This is known as donation by reason of
marriage which is made before its
celebration, in consideration of the same,
and in favor of one or both of the future
spouses. (art. 82)
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. (art.
84)
o Donation by reason of marriage is
useless when the property regime
is the absolute community of
property because in this case the
spouses become co-owners of their
things.
B. Grounds for revoking a donation by reason
of marriage
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.
CHAPTER 3- SYSTEM OF
ABSOLUTE COMMUNITY
A. Absolute Community of Property
All properties owned by the contracting
parties before the marriage ceremony and
those which they may acquire thereafter
shall comprise the absolute community of
property regime. (art. 91)
B. Properties excluded from the Community
Property (art. 92)
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.
C. Charges upon and obligations of the
Absolute Community (art. 94)
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.
D. Gains and losses in games of chance
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. (art. 95)
E. Joint Administration and Enjoyment
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. (art. 96)
F. Donation of any community property
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. (art.
98)
G. Dissolution of Absolute Community Regime
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.
H. Liquidation Procedure
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. (art. 102)
CHAPTER 4- CONJUGAL
PARTNERSHIP OF GAINS
A. Conjugal Partnership of Gains
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. (art. 106)
B. 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. (art.
109)
C, Administration of Exclusive Properties
The spouses retain the ownership,
possession, administration and enjoyment
of their exclusive properties. (art. 110)
D. 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.
E. Charges upon and obligations of the
conjugal partnership.
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 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.
F. Administration of the conjugal partnership
property
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. (art. 124)
G. Dissolution of conjugal partnership regime.
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
H. Liquidation of partnership
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.
CHAPTER 5- SEPARATION OF
PROPERTY OF THE SPOUSE
AND ADMINISTRATION OF
COMMON PROPERTY BY ONE
SPOUSE DURING THE
MARRIAGE
A. Causes 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.
B. Ground for the revival of previous property
regime
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.
CHAPTER 6- REGIME OF
SEPARATION OF PROPERTY
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. (art. 145)
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. (art. 146)
CHAPTER 7- PROPERTY REGIME
OF UNIONS WITHOUT
MARRIAGE
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. (art.
147)
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. (art. 148)
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. (art. 148)
TITLE V- FAMILY
CHAPTER 1- THE FAMILY AS AN
INSTITUTION
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. (Art.
149)
Family relations include those:
1. Between husband and wife;
2. Between parents and children;
3. Among brothers and sisters,
4. whether of the full or half-blood.
CHAPTER 2- THE FAMILY HOME
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
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.
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.
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, in the instance provided in the second
mechanics, architects, builders, paragraph of Article 164; or
materialmen and others who have
rendered service or furnished 3. That in case of children conceived through
material for the construction of the artificial insemination, the written
building. authorization or ratification of either
parent was obtained through mistake,
fraud, violence, intimidation, or undue
influence.
C. Presumption of filiation in case of two
marriages
TITLE VI- PATERNITY AND
A child born before one hundred eighty
FILIATION days after the solemnization of the
subsequent marriage is considered to
CHAPTER 1- LEGITIMATE have been conceived during the former
CHILDREN marriage, provided it be born within three
hundred days after the termination of the
A. Legitimate child, defined. former marriage;

One conceived or born during the A child born after one hundred eighty
marriage of the parents. (art. 164) days following the celebration of the
subsequent marriage is considered to
B. Grounds to impugn the legitimacy of a child
have been conceived during such
marriage, even though it be born within
1. That it was physically impossible for the
the three hundred days after the
husband to have sexual intercourse with
termination of the former marriage
his wife within the first 120 days of the
300 days which immediately preceded the
D. When the heirs of the husband may
birth of the child because of:
impugn the filiation of a child. (art. 171)
(a) the physical incapacity
1. If the husband should died before the
of the husband to have
expiration of the period fixed for bringing
sexual intercourse with his
his action;
wife;
2. If he should die after the filing of the
(b) the fact that the
complaint without having desisted
husband and wife were
therefrom; or
living separately in such a
way that sexual intercourse
3. the child was born after the death of the
was not possible; or
husband.
(c) serious illness of the
husband, which absolutely
prevented sexual
intercourse; CHAPTER 2- PROOF OF
2. That it is proved that for biological or
FILIATION
other scientific reasons, the child could A. How filiation is established
not have been that of the husband, except
 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
CHAPTER 3- ILLEGITIMATE
CHILDREN
A. Illegitimate child, defined.
One conceived and born outside a valid
marriage. (art. 165)
CHAPTER 4- LEGITIMATED
CHILDREN
A. Who can be legitimated
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
TITLE VII- ADOPTION (repealed by
RA 8552)
A. Who may adopt
1. Any Filipino citizen of legal age, in
possession of full civil capacity and legal
rights, of good moral character, has not
been convicted of any crime involving
moral turpitude, emotionally and
psychologically capable of caring for
children, at least sixteen (16) years older
than the adoptee, and who is in a position
to support and care for his/her children in
keeping with the means of the family. The
requirement of sixteen (16) year
difference between the age of the adopter
and adoptee may be waived when the
adopter is the biological parent of the
adoptee, or is the spouse of the adoptee's
parent;
2. Any alien possessing the same
qualifications as above stated for Filipino
nationals: Provided, That his/her country
has diplomatic relations with the Republic
of the Philippines, that he/she has been
living in the Philippines for at least three
(3) continuous years prior to the filing of
the application for adoption and
maintains such residence until the
adoption decree is entered, that he/she
has been certified by his/her diplomatic
or consular office or any appropriate
government agency that he/she has the
legal capacity to adopt in his/her country,
and that his/her government allows the
adoptee to enter his/her country as
his/her adopted son/daughter: Provided,
Further, That the requirements on
residency and certification of the alien's
qualification to adopt in his/her country
may be waived for the following:
(i) a former Filipino citizen who seeks to
adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse;
or
(iii) one who is married to a Filipino
citizen and seeks to adopt jointly with
his/her spouse a relative within the
 fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
3. The guardian with respect to the ward
after the termination of the guardianship
and clearance of his/her financial
accountabilities.
B. Joint adoption of husband and wife
General rule: They shall jointly adopt.
Exceptions:
o if one spouse seeks to adopt the
legitimate son/daughter of the
other; or
o if one spouse seeks to adopt
his/her own illegitimate
son/daughter: Provided, However,
that the other spouse has signified
his/her consent thereto; or
o if the spouses are legally separated
from each other
C. Who may be adopted
1. Any person below eighteen (18) years of
age who has been administratively or
judicially declared available for adoption;
2. The legitimate son/daughter of one
spouse by the other spouse;
3. An illegitimate son/daughter by a
qualified adopter to improve his/her
status to that of legitimacy;
4. A person of legal age if, prior to the
adoption, said person has been
consistently considered and treated by
the adopter(s) as his/her own child since
minority;
5. A child whose adoption has been
previously rescinded; or
6. A child whose biological or adoptive
parent(s) has died: Provided, That no
proceedings shall be initiated within six
(6) months from the time of death of said
parent(s)
D. Whose Consent is Necessary to the
Adoption
1. The adoptee, if ten (10) years of age or
over;
2. The biological parent(s) of the child, if
known, or the legal guardian, or the
proper government instrumentality
which has legal custody of the child;
3. The legitimate and adopted
sons/daughters, ten (10) years of age or
over, of the adopter(s) and adoptee, if any;
4. The illegitimate sons/daughters, ten (10)
years of age or over, of the adopter if
living with said adopter and the latter's
spouse, if any; and
5. The spouse, if any, of the person adopting
or to be adopted
E. Grounds for rescission of adoption
1. repeated physical and verbal maltreatment by
the adopters despite having undergone
counseling
2. attempt on the life of the adoptee
3. sexual assault or violence
4. abandonment and failure to comply with
parental obligations.
F. INTER-COUNTRY ADOPTION ACT OF 1995
WHO MAY BE ADOPTED:
o Only a legally free child may be the
subject of inter-country adoption
o No child shall be matched to a foreign
adoptive family unless it is
satisfactorily shown that the child
cannot be adopted locally
WHO MAY ADOPT:
o An alien or a Filipino citizen
permanently residing abroad may file
an application for inter-country
adoption of a Filipino child if:
1. at least 27 years of age and
at least 16 years older than
the child to be adopted, at the
time of application unless the
adopter is the parent by
nature of the child to be
adopted or the spouse of such
parent
2. if married, his/her spouse
must jointly file for the
adoption
3. has the capacity to act and
assume all rights and
responsibilities of parental
authority under his national
laws, and has undergone the
appropriate counseling from
an accredited counselor in
his/her country
4. has not been convicted of a
crime involving moral
turpitude
5. eligible to adopt under
his/her national law
6. in a position to provide the
proper care and support and
to give the necessary moral
values and example to all his
children, including the child to
be adopted
7. agrees to uphold the basic
rights of the child as embodied
under Philippine laws, the U.N.
Convention on the Rights of
the Child, and to abide by the
rules and regulations issued to
implement the
provisions of this Act
8. comes from a country with
whom the
Philippines has diplomatic
relations and whose
government maintains a
similarly authorized and
accredited agency and that
adoption is allowed under
his/her national laws
9. possesses all the
qualifications and none of the
disqualifications provided
herein and in other applicable
Philippine laws.
TITLE VIII- SUPPORT
A. Kinds of Support
As to amount
o Natural (bare necessities of life).
o Civil (in accordance with fi nancial
standing). (1 Manresa 626).
As to source of obligations
o Legal (from provision of law).
o Voluntary (from agreement or from
provision of a will). (1 Manresa 627).
Special kind Alimony pendente lite (pending
litigtion
B. What Support Includes
1. Food or sustenance
2. Dwelling or shelter
3. Clothing
4. Medical attendance
5. Education
6. Transportation
C. PERSONS OBLIGED TO SUPPORT EACH
OTHER TO THE WHOLE
1. Spouses
2. Legitimate ascendants and
descendants
3. Parents and their legitimate
children and the children of the
latter (legitimate or illegitimate)
4. Parents and their illegitimate
children and the are needed to see
this picture.
children of the latter (legitimate or
illegitimate)
5. Legitimate brothers and sisters
whether full or half-blood
TITLE IX- PARENTAL
AUTHORITY
A. Kinds of parental authority
 Over the Persons; and
Over the Property.
TITLE X- EMANCIPATION AND
B. Order of substitute parental authority
1. The surviving grandparent AGE OF MAJORITY
2. The oldest brother or sister, over 23
A. How Emancipation Takes Place
years
(a) Marriage of the minor.
old, unless unfit or disqualified
(b) Attainment of the age of
3. The child's actual custodian, over
majority.
21 years
old, unless unfit or disqualified
In case of foundlings, abandoned
children, neglected children, or abused
TITLE XI- SUMMARY JUDICIAL
children, summary judicial proceedings PROCEEDINGS
shall be instituted so that they may be
entrusted to:
a. Heads of childrens homes
b. Orphanages, or
c. Similar institutions duly accredited by
the proper government agency (Art. 217)

C. GROUNDS FOR SUSPENSION OF

PARENTAL AUTHORITY

1. Conviction of parent for crime

without civil interdiction
2. Treats child with excessive
harassment and cruelty
3. Gives corrupting orders, counsel
or example
4. Compels child to beg
5. Subjects to or allows acts of
lasciviousness

D.GROUNDS FOR THE PERMANENT

TERMINATION OF PARENTAL
AUTHORITY :
1. Death of parents
2. Death of child
3. Emancipation of child
4. Parents exercising parental
authority has
subjected the child or allowed him
to be subjected to sexual abuse