I.

Property Regime of Unions without Marriage

a. Unions under FC 147
i. Art 147 – M and W who are CAPACITATED TO MARRY, live exclusively as H and
W without benefit of marriage or under a VOID MARRIAGE – wages and
salaries owned by them in equal shares.
1. Property governed by laws on co-ownership.
2. In absence of proof of contrary, props acquired while together
presumed obtained by their joint efforts work or industry and shall be
obtained in equal shares.
3. For purposes of this, a party who did not participate in acquisition by
other party of any property shall be deemed to have contributed jointly
in acquisition thereof if the former’s efforts consisted in care and
maintenance of the family and household
4. Neither party can encumber or dispose by acts inter vivos of his or her
share in property acquired during cohabitation and owned in common
without consent of the other until after termination of cohabitation
5. When only one of parties to a void marriage is in GF, the share of party
in BF in co-ownership shall be forfeited in favor of common children.
6. In case of default or waiver by any or all common children or
descendants, each vacant share shall belong to respective surviving
descendants, shall belong to innocent party.
7. In cases, forfeiture shall take place upon termination of cohabitation
b. Unions under FC 148 of FC 50 in rel to FC 43(2) and FC 50
i. Art 148 – In cases of cohabitation not falling under preceding article – only
properties acquired by both of the parties through their ACTUAL JOINT
CONTRIBUTION OF MONEY, PROPERTY, or INDUSTRY shall be owned by them
in common proportion to their respective contributions.
1. In absence of proof to contrary, their contributions and corresponding
shares are presumed to be equal. Same presumption shall apply to joint
deposits of money and evidences of credit.
2. 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.
3. If party who acted in bad faith is not validly married to another, his or
her share shall be forfeited in the manner provided in the last
paragraph of the preceding article
4. The foregoing rules on forfeiture shall likewise apply even if both parties
are in bad faith.
ii. Art 50 – The effects provided for by par (2) (3) (4) and (5) of Art 43 and by Art 44
shall also apply in the proper cases to marriages to marriages which are
declared ab initio or annulled by final judgment under Arts 40 and 45.
 1. Final judgment in such cases shall provide for the liquidation, partition
and distribution of the properties of the sps, 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.
2. All creditors of the sps as well as AC or CP shall be notified of the
proceedings for liquidation
3. In partition, the conjugal dwelling and lot of which shall be adjudicated
in acc with Art 102 and 129
iii. Art 43 – The termination of subsequent marriage shall have the ff effects
1. The ACP or the CPH shall be dissolved and liquidated but if either sps
contracted BF his or her shares shall be forfeited IFO common children,
children of guilty ss or in default the innocent sps.

II. The Family

a. What governs Family Relations
i. Art 149 – The family being the foundation of the nation is a basic social
institution which public policy cherishes and protects.
1. Consequently family relations are governed by law and no custom,
practice , or agreement destructive of the family shall be recognized or
given effect.
b. Family relations
i. Art 150 Family relations include those:
1. Between husband and wife
2. Between parents and children
3. Among brothers and sisters, whether of the full or halfblood
ii. Art 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.
1. If it is shown that no such efforts were in fact made, the same case must
be dismissed.
2. These rules shall not apply to cases which may not be the subject of
compromise under CC.
iii. NCC 2035 – No compromise upon the ff shall be valid
1. Civil status of persons
2. Validity of marriage or a legal sep
3. Any ground for legal sep
4. Future support
5. Jurisdiction of courts
6. Future legitime
iv. ROC R16S1 – Grounds – within the time for but before filing the answer to the
complaint or pleading , a motion to dismiss may be made on the ff
 1. Condition precedent for filing claim not complied with
III. The Family Home
a. What constitutes FH
b. Who may constitute the FH
i. FC 152 The family home constituted jointly by H and W or by unmarried head of
a family is the dwelling house where they and their family reside and the land
on which it is situated
ii. FC 161 For purposes of availing of the benefits of a FH as provided for in this
chapter, a person may constitute or be the beneficiary of only one family home
c. When deemed constituted FC 153
i. FC 153 The family home is deemed constituted on a house and lot from time it
is occupied as a family residence as a family residence.
1. From time of its constitution and so long as any of its beneficiaries
actually resides therein, the FH continues to be such and is exempt from
execution, forced sale or attachment except as hereinafter provide and
to the extent of the value allowed by law
d. When terminated
i. Art 152 – The family home…
ii. Art 159 – The family home shall continue despite the death of one or boath sps
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.
1. This rule shall apply regardless of whoever owns the property or
constituted the FH.
e. Beneficiaries
i. FC 154 0 The beneficiaries are:
1. Husband and wife or unmarried person who is head
2. Their parents, asc, desc, borthers and sisters, whether the relationship
be legitimate or illegitimate, who are living in the FH and who depend
upon the head of the family for legal support.
f. Exemptions
i. FC 155 – The family home shall be exempt from execution, forced sale or
attachment except
1. Nonpayment of taxes
2. Debts incurred prior to constitution of family home
3. Debts secured by mortgages on premises before or after such
constitution
4. Debts due to laborer mechanics architects, builders, materialmen and
other who have rendered service or furnished material for the
construction of the building
ii. FC 160 – When a creditoy whose claims is not among those mentioned in Art
155, obtains a judgment in his favor and has reasonable grounds that FH is
 actually worth more than the max amount fixed in 157 - he may apply for court
for otder directing sale of prop under exec
1. The court shall order if it finds value exceeded and results from
subsequent voluntary improvements introduced by the person or
persons constituting FH
2. At exec sale no bid below value shall be allowed. The excess if any shall
be delivered to judgmenet debtor

IV. Paternity and Filiation

a. Paternity and Filiations in general
i. FC 163 – The filiation of children may be by nature or by adoption.
1. Natural filiation may be legitimate or illegitimate
b. Legitimate children
FC 164 – Children conceived or born during marriage of the parents are
legitimate.
1. Children conceived as a result of artificial insemination of the wife with
sperm of husband or that of donor or both are legitimate children of H
and W provided both authorized or ratified such insemination and
executed and signed and recorded in civil registry together with birt
cert of child
i. Conceived during marriage cf ROC Rule 131 Section 3 (dd)
a. Section 3 Disputable presumption – the ff presumptions are
satisfactory if uncontradicted but may be contradicted and overcome
by other evidence (300, 180 rule)
ii. Born during marriage
iii. By artificial insemination
iv. Terminated marriage under FC 42 in rel to FC 43(1)
a. Art 42 – the Subsequent marriage referred to in preceding article shall
be automatically terminated by recording of affid of reappearance of
absent sos unless judgment anuling previous marriage or declaring it
VAI
i. A sworn statement of the fact and circumstance of
reappearance shall be recorded in the civil registry of the
residence of the parties to the subsequent marriage at
instance of any interested person with due notice to sps of
subsequent marriage and without prejudice to the fact of
reappearance being judicially determined in case such fact is
disputed.
b. FC 43 – Termination of subsequent marriage referred in preceding art
shall produce the ff effects:
i. Children of subs marriage conceived prior to termination
considered legitimate
 v. Void marriage under FC 54 in rel to FC 36 and FC 53
a. FC 54 Children conceived or born before judgment of annulment or
absolute nullity of marriage under 36 has become F and E shall be
considered legitimate
b. FC 36 A marriage contracted by any party who at the time of the
celebration was psychologically incapacitated to comply with essential
marital obli of marriage shall likewise be void even if such inc manifest
only after its solemnization
c. FC 53 Either of the former sps may marry again after compliance with
req of the immediately preceding article otherwise the subsequent
marriage shall be void
vi. Voidable marriages
vii. Adopted Children
viii. Legitimated children
ix. Rights of Legitimate Children
a. FC 173 – 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.
i. In these cases, the heirs shall have a period of 5 years which
to institute the action.
b. FC 174 – legit child shall have right
i. To bear the surnames of the father and the mother in
conformity with prov of CC
ii. To receive support from parents their ascendants, and in
proper cases, their brothers and sisters in conformity with
provisions of this code on support
iii. To be entitled to the legitimate and other successional rights
granted to them by CC
c. NCC 364 – Legitimate and legitimate children shall principally use the
surname of the father
d. NCC 374 – In cases of identity of names and surname, the younger
person shall be obliged to use such additional name or surname as
will avoid confusion
e. NCC 376 No person can change his name or surname without judicial
authority
x. Legitimes of NCC 888, NCC 979
a. NCC 888 – Legitime of legitimate children and descendants consists of
one half of the hereditary estate of the father and of the mother.
i. The latter may freely dispose of the remaining half subject to
rights of illegitimate children and of the surviving spouse as
hereinafter provided
 b. NCC 979 – Legitimate children and their descendants succeed the
parents and other ascendants without distinction as to sex or age and
even if they should come from different marriages.
i. An adopted child succeeds to the property of the adopting
parents in same manner as legit child
c. Illegitimate Children
i. Under the NCC
ii. FC 165 0 Children conceived and born outside a valid marriage are illegitimate
unless otherwise provided in this code
iii. Rights of illegitimate children
1. FC 175 – Illegitimate children may est their illegitimate filiation in same
way and on same evidence as legitimate children
a. Action must be brought within same period specified in art 173
except when action is based on second paragraph of Art 172 in
which case during the lifetime of alleged parent
2. FC 176 – Illegitimate children shall use the surname and shall be under
parental authority of mother and shall be entitled to support in
conformity with this code.
a. The legitime of each illegitimate child shall consist of one half of
legitimate child. Except for this modification, all other provisions
in the CC governing successional rights shall remain in force.
d. Actions to impugn legitimacy
i. Grounds:
1. FC 166 – Legitimacy of a child may be impugned only on the ff grounds
a. That it was physically impossible for husband to have sexual
intercourse with wife within the first 120 days of the 300 days
preceded the birth of child bc of
i. Physicail incapacity of husband to have sexual
intercourt with wife
ii. Fact that husband and wife were living separately in
such a way that sexual intercourse was not possible
iii. Serious illness of husband which absolutely prevent
sexual intercourse
b. That it is proved that for biological or other scientific reasons
the child could not have been tat of husband except in instance
provided in second par of Art 164
c. That in case of children conceived through artificial
insemination the written auth or ratification of either parent
was obtained through mistake, fraud violence intimidation or
undue influence.
2. Specific grounds
a. Physical impossibility of access
 b. Biological or other scientific grounds
ii. Contrary declaration by mother
1. FC 167 – The child shall be considered legitimate although the mother
may have declared against its legitimacy or may have been sentenced as
adulteress
iii. Subsequent marriages
1. FC 168 – if marriage is terminated and the mother contracted another
marriage within 300 days, after …
2. FC 169 – The legitimacy or illegitimacy of child born after 300 days
following the termination of the marriage shall be proved by whoever
alleges such legimitacy or illegitimacy
iv. Presumptions
1. FC 170 – The action to impugn the legitimacy of the child shall be
brought within 1 year from knowledge of birth or its recoding in civ reg,
if husband or in a proper case, any of his heirs should reside in city or
mun where birth took place or was recorded.
a. If husband or in default all his heirs do not reside at place of
birth as defined in first par or where it was recorded, the period
of TWO YEARS if reside in PH or THREE YEARS if abroad.
b. If birth concealed or unknown to husband or heirs, period of
birth FROM DISCOVERY OR KNOWLEDGE of birth of child or fact
of registration of said birth whichever is earlier
2. FC 171 – the heirs of the husband may impugn filiation of the child
within period prescribed in preceding article only in the ff cases
a. If husband should die before expiration of period fixed for bring
his action
b. If he should die after filing the complaint without having
desisted therefrom
c. If the child was born after the death of husband
v. Prescription
vi. Who may impugn

e. Proof of Filiation
i. Of legitimate children
1. FC 172 The filiation of legitimate children is est by any of the ff
a. Record of birth in civil reg or a final judgment
b. Admission of legitimate filiation in a public document or a
private handwritten instrument and signed by parent concerned
c. In absence of the foregoing evid:
i. Open and continuous possession o status of a legitimate
child
ii. Any other means allowed by the ROC and special laws
 2. FC 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.
a. In these cases, the heirs shall have a period of 5 years within
which to institute the action
3. RECORD OF BIRTH
4. FINAL JUDGMENT DECLARING FILIATION
5. SIGNED AND HANDWRITTEN PRIVATE INSTRUMENT
6. OPEN AND CONTINUOUS POSESSION OF STATUS
ii. Illegitimate Children
1. Art 175 Illegit children may est their illegitimate filiation in same way
and on the same evid as legit children
a. Action must be brought within the same period specified in Art
173 except when the action is based on second paragraph of
Art 172 in which case the action may be brought during lifetime
of alleged parent
iii. Compulsory recognition
1. RPC 345 – Civil liab of persons guilty of crimes against chastity
a. To acknowledge offspring unless law should prevent him from
so doing
2. RPC 46 – Penalty to be imposed upon principals in general –
3. RPC 59 = Penalty imposed in case of failure to commit crime because
means employed or aims sough impossible
iv. Legitimated Children
1. Who may be legitimated
a. FC 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
2. How legitimating takes place
a. FC 178 – Legitimation shall take place by subsequent valid
marriage between parents. Annulment of a voidable marriage
shall not affect the legitimation
b. FC 180 The effects of legitimation shall retroact to child’s birth
3. Retroactivity and effect
a. FC 180
b. FC 181 – The legitimation of children who died before celeb of
marriage shal benefit descendants.
4. Action to impugn
a. FC 162 – provisions in this chapter shall govern existing family
residences insofar as said provisions are applicable
5. Rights of legitimated
 a. FC 179 –same as legitimate
V. ADOPTION
a. Who may adopt
i. Age and capacity required
1. FC 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
a. Only minors may be adopted except in cases when adoption of
person of majority age is allowed in this title
b. In addition the adopted must be at least sixteen years older
than the person to be adopted, or is the sps of the legimiate
parent of the person to be adopted.
ii. Husband and wife jointly
1. FC 185 – Husband and wife must jointly adopt, except in the ff cases:
a. When one sps seeks to adopt his own illegitimate child
b. When one sps seeks to adopt the legitimate child of the other
2. FC 186 – In case H and W jointly adopt or one sps adopts the legitimate
child of the other, joint parental authority shall be exercised by the sps
in acc with this code
iii. Need for consent
1. FC 188 – The written consent of the ff:
a. Person to be adopted if ten years of age or over
b. Parents by nature of child, the legal guardian or the proper gov
instrumentality
c. Kegitinate and adopted cjildren ten eyears of age or over of the
adopting parents or parents
d. The illegitimate children ten years of age or over of the adopting
parent if living with said parent and latter’s sps
e. The sps if any of the person adopting or to be adopted
iv. Aliens as adopters
b. Who may not adopt
i. FC 184 – ff 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
 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.
d. Aliens not included in the foregoing exceptions may adopt
Filipino Children in acc with rules on inter-country adoptons as
may be provided by law
4. Who may be adopted
a. FC 183 – a person of age and in possession of full ckvkl capacity
and legal rights may adopt provided he is in position to support
and care for his children legit or illegit in keeping with means of
the family
i. Only minors may be adopted except in cases when the
adoption of a person of majority age is allowed in this
title
ii. 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 sps of
the legitimate parent of the person to be adopted
b. FC 185 – Husband and wife must jointly adopt except:
i. When one sps seeks to adopt his own illegitimate child
ii. When one spouse seeks to adopt the legitimate child of
the other.
5. Who may not be adopted
a. FC 187 – the ff may not be adopted
i. 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
ii. An alien with whose government the RP has no
diplomatic relations
iii. A person who has already been adopted unless such
adoption has been previously revoked or rescinded
6. Effect of Adoption
a. Status
i. FC 189(1) – Adoption shall have the ff effects – 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
fromrelationship of parent and child including the right
of the adopted to use the surname of the adopters
b. Paternal authority
 i. FC 189(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
ii. FC 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 spouses in
accordance with this code.
c. Succession
i. FC 189 (3) – Adoption shall have the ff – the adopted
shall remain an intestate heir of his parents and other
blood relatives.
7. Effect on testate succession
a. FC 190 – Legalor intestate succession shall be governed by ff
rules
i. Legit and illegit children and descendatns and SS of
adopted shall inheir acc with ordinary rules of legal or
intestate succ
ii. When the parents, legit or illegit ir the legit ascendants
of the adoptd concur with the adopter, they shall divide
the entire estate one half by parents or asc, other by
adopters
iii. When SS or IIC of adopted concur with the adopters, thy
shall divide entire estate In equal shares, ½ ti be
inherited by the sps or IC of the adopted, other by
adopters
iv. When adopters concur with IC and SS, of adopted, they
shall divide entire estate in equal shares, one third by
the IC, one third by SS, one third by adopters
v. When only adopters survive, they shall inherit entire
vi. When on collateral blood relatives of adopted survive
then ordinary rules of intestate apply
8. Rescission of adoption
a. By adopted
i. FC 191 – If adopt is a minor or incapacitated, the
adoption may be judiciailly rescinded upon petition of
any person authorized by the court or proper
government instrumental acting on his behalf on the
same ground prescribed for loss or suspension of
parental authority,
 1. If adopted is at least 18 YO he may petition for
judicial rescission of adoption on same grounds
prescribed for disinheriting an ascendant.
b. By adopters
i. FC 192 – The adopters may petition the court for
judicial rescission of adoption in ff
1. If the adopted has committed any act
constituting ground for disinheriting a desc
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
c. Affect of rescission
i. FC 193 – If adopted minor not yet majority at judicial
rescsission, the court shall reinstate parental auth of
parents by nature unless disqualified or incapacitated in
which case, court will appoint a guardian over the
person and prop of minor
1. If adopted person is phys or mentally
handicapped the court shall appoint in same
proceeding a guardian over person or prop or
both
2. Judicial resc of adoption shall ext all reciprocal
rights and obli bet adopters and adopted , also
lose rights to use surname
VI. Support
a. What comprises support
i. FC 194 – Support comprises everything indispensable for sustenance, dwelling,
clothing, medical attendance, education, and transportation, in keeping with
the financial capacity of the family
1. The education of 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 age of majority
2. Transpo inc expenses going to and from school or to from place of work
b. Who are obliged to provide support
c. Source of Support
i. FC 105 Subject to the provisions of succeeding the ff are obliged to give support
to whole extent set forth in preceding:
1. Spouses
2. Leg asc and desc
3. Parents and their legit children and the legit and illegit children of latter
 4. Parents and their illegit children and the legit and illegit children of
latter
5. Legit brothers and sisters whether full or half blood
ii. FC 196 – brothers and sisters not legitimately related wether full or half are
likewise bond to support to full extent except only when the need for support of
bro or sis of age is d/t cause imputable to the claimant’s fault or negli
iii. FC 197 – In case of legit asc desc whether legit or illegit and brothers and sisters
whether legit or illegit related, only the separate property of the person obliged
to give support shall be answerable provided that in case obligor has no ep
prop, the acp or cpg if financially capable shall advance support which shall be
deducted from the share of the spouse obliged upon the liquidation of the
absolute community or conjugal partnership
iv. FC 40 – absolute nullity may be invoked for purposes of remarriage on basis
solely of final judgment declaring such previous marriage void
v. FC 70 – sps jointly responsible for support …
vi. FC 94 – The ACP shall be liable for…
vii. FC 122 the payment of personal debt scontracted by the husband or wife before
r during marriage shall not be charge to CPP except insofar as redounded
benefit of family.
1. However the payment of personal debts contracted by either before
marriage that of fines and indemnities imposed upon them, as well as
the support of illegit children of either sps may be enforced against
partnership assets after responsibilities enumberated in preceding art
have been covered. If sps bound has no exclusive prop or insuf, such sps
shall be charged for what has been paid
d. Order and Support
e. Manner and time of payment
i. FC 200 – When obli to give support falls upon 2 or more persons, the payment
of same divided bet them in prop of resources of each
1. In case urgent need and by special circ, the judge may order only one of
them to furnish the support provisionally pwithout prejudice to right to
claim from other obligors
2. When two or more recipients at same time claim support, should latter
not have suff means, the order established in preceding article shall be
followed unless the concurrent obliges should e the sps and child
subject to parental auth in which case the child preferred
ii. FC 201 – The amount of support in cases referred to in art 195 and 196 shall be
proportion to the resources or means of the givenr and to the necessities of the
recipient
iii. FC 202 – Support in cases referred to in preeding art shall be reduced or
increased proportionally acc to the reduction or increase of necessities of the
recipient and the resources or means of the person obliged to furnish the same
 iv. FC 203 – The obli to give support shall be demandable from time the person
who has right to receive the same needs it for maintenance, but it shall not be
paid except from date of jud or EJ demand.
1. Support pendente lite may be claimed in acc with ROC
2. 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
v. FC 204 – person obliged to give support shall have the option to fulfill the obli
either by paying the allowance fixed or by receiving and maintaining in the
family dwelling the person who has a right to receive support
1. The latter alternative cannot be availed in case of moral or legal
obstacle.
f. Amount of support
i. FC 200 supra
ii. FC 201 supra
iii. FC 202 –Supra
iv. FC 203 –suppra
v. FC 204 suppra
vi. FC 205 – right ro receive support under this title as well as any money or prop
obtained shall not be levied upon attachment or exec
vii. FC 206 –When iwhtout knowledge of person obliged to give support it is given
by stranger, the latter shall have right to claim the same from former unless
appears intention without
viii. FC 207 – When person obliged to give support to needy individual with right of
reimbursement from the person obliged to give support may support with right
of reimbursement from person obliged to give support.
1. Article apply when mother or father unjustly refuses or fails to give
support when urgently needed
ix. FC 208 – In case of contractual support or that by will, the excess in amount
required for legal support may be subject to levy on attachmenr or exec
1. It may be subject to adjustment when odification is necessary due to
changes in circ
g. Support pendente Lite
i. FC 188 – Written consent of the ff to adoption shall be necessary supra
VII. Parental auth onwards sa book na lang