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 of the family shall be recognized or
given effect.
149.1 – The State recognizes the family as a
basic social institution, which by reasons of
public policy deserves the State’s protection.
The Constitution is committed to strengthening
the family as the basic social institution.
The Constitution also aims to protect the
marriage since it is the foundation of family life,
it is a social institution.
149.2 “Family relations are governed by law”
Only the external aspect of the family relations
is contemplated in the rule of Art. 149 the
internal aspects which involve moral or spiritual
affairs are not included.
ARTICLE 150 – Family relations include those:
1. Between husband and wife
2. Between parent and children
3. Among other ascendants and
descendants
4. Among brothers and sisters, whether
of the full or half-blood.
150.1 This provision does not include brothers-
in-law and sisters-in-law
ARTICLE 151 – No suit between members of
the same family shall prosper unless is 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 case must be dismissed.
This rule shall not apply to cases which may not
be the subject of compromise under the Civil
Code.
151.1 Avoidance of Family Suits
“This rule is introduced because it is difficult to
imagine a sadder and more tragic spectacle
than a litigation between members of the same
family. It is necessary that every effort should
be made towards a compromise before a
litigation is allowed to breed hate and passion
in the family. It is known that a lawsuit between
close relatives generates bitterness than
between strangers.”
General rule – no suit between members of the
same family may prosper unless there was a
verified effort made towards a compromise.
Exception – when strangers are involved;
compromises not valid under the law:
a. Civil status of persons
b. Validity of marriage or legal separation
c. Any ground for legal separation
d. Future support
e. Jurisdiction of the courts
f. Future legitime
CHAPTER 2: THE FAMILY HOME
ARTICLE 152. The family home constituted by
the husband and 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.
Reason
When creditors seize the family house, they
virtually shatter the family itself.
Elements of Art. 152
a. Constituted by husband and wife
b. Or by an unmarried head of a family
c. The dwelling of the family and the land
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 or so long as any of its
beneficiaries reside therein, the family home
continues to be such and is exempt from
execution, force sale, or attachment except as
herein provided and to the extent of the value
allowed by law.
Constitution
Upon effectivity of the Family Code all homes
constructed and constituted as such have
automatically become Family Homes. Although
to enjoy the exemptions allowed, such
condition should be invoked as a family home.
The family home is important for the
exemptions from:
a. Execution
b. Forced sale or
c. Attachment
ARTICLE 154 – The beneficiaries of the family
are:
1. The husband and wife, or an
unmarried person who is the head of
the family and
2. Their parents, ascendants,
descendants, brothers and sisters,
whether the relationship be legitimate
o illegitimate who are living in the
family home and who depend upon
the head of the family for legal
support.
Beneficiaries and Composition
Those mentioned in nos. 1 and 2 are termed as
beneficiaries, the family home is composed of
the husband and wife or an unmarried person
who is the head of the family and the
dependents, those found in number 2.
Grandparents and grandchildren are also
beneficiaries provided that they are dependent
on the head of the family for legal support.
ARTICLE 155 – The family home shall be
exempt from execution, forced sale, or
attachment except:
1. For non-payment of taxes
2. For debts incurred prior to the
constitution of the family home
3. For debts secured by mortgage on the
premises before or after such
constitution; and
4. For debts due to laborers, mechanics,
architects, materialmen, and other
who have rendered services or
furnished materials for the
construction of the building.
General rule: a family home is exempt from
execution, forced sale, or attachment except in
the cases found in Art. 155
Art. 155 is the exception to Art. 153.
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 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.
Elements of Art 156
1. Family home must be part of the ACP,
CPG or EP of the husband and wife or of
the unmarried head of the family.
2. Property being paid on installments
may still be constituted as a family
home even if the ownership is secured
 by the vendor for guarantee of
payment.
ARTICLE 157 – The actual value of the family
home shall not exceed, at the time of its
constitution, the amount of three hundred
thousand pesos in urban areas, or two
hundred thousand in rural areas, or such
amounts as may 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
family home shall be the basis of evaluation.
For the purpose 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.
Value of the Family Home
The value of a family home is important for
reasons of computation of debts owed and for
the relocation in case of seizure of the family
home. Until today there has not been any
change in legislature regarding the value of the
family home.
Urban areas are defined as, chartered cities or
municipalities with an annual income equal to
that legally required of chartered cities. The rest
are deemed to be rural areas.
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.
Comment:
The family home may be sold, alienated,
donated, assigned, or encumbered with the
written consent of the owners or of the spouses
or the unmarried head. With the consent of all
the beneficiaries who are of legal age. If the
beneficiaries are minors, then there is no more
need for consent. In case of conflict the court
shall decide.
ARTICLE 159 – The family shall continue
despite the death of one or both of the
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.
Comment:
The family shall continue to subsist even after
the death of one or both of the spouses or of
the unmarried head of the family, for a period
of ten years, or as long as there is a minor
beneficiary who is dependent upon the head of
the family for legal support. The family home
may not be partitioned by the heirs unless there
is compelling reason found by the court.
ARTICLE 160 – When a creditor whose claims is
not among those mentioned in Article 155
obtains a judgment in 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 ARTICLE 162 – The provisions of this Chapter
shall apply. shall also govern existing family residences
insofar as said provisions are applicable.
At the execution sale, no bid below the value
allowed for a family home shall be considered. Comment:
The proceeds shall be applied first to the
This Article provides that all existing family
amount mentioned in Article 157, and then to
homes at the time of effectivity shall be
the liabilities under the judgment and the
considered as family homes. Judicial or extra-
costs. The excess, if any, shall be delivered to
judicial declarations of such are no longer
the judgment debtor. (247a, 248a)
needed. However, to avail of such benefits the
Comment: owners or heads of the family home should
invoke the same as a family home as early as
Under this Article the creditors mentioned are
possible.
the ones not included in Art. 155.
TITLE VI: PATERNITY AND FILIATION
A creditor not found in Art. 155 may lay claim to
the family home if he obtains judgment in his Chapter 1: Legitimate Children
favor, and has reasonable grounds to believe ARTICLE 163 – The filiation of children may be
that the family home is worth more than the by nature or by adoption. Natural filiation may
maximum value found in Art. 157, he may then be legitimate or illegitimate.
apply to the court for a judgment ordering
direct sale of the property under execution. If Comment:
the value of the family was increased due to I. Difference between Paternity and
improvements done by the beneficiaries, the Filiation
same procedure shall apply.
Paternity (maternity) – it is the civil status
At the execution sale no bid below the value relationship of the father (mother) to the child
allowed for a family home shall be allowed.
Filiation – is the civil status relationship of the
The order of payment from the proceeds shall child to the father or mother.
be:
II. Classification of Filiation
1. The value of the family home a. By nature (legitimate or
2. The liabilities illegitimate)
3. Then the costs of suit b. By adoption
4. Remaining shall be given to the owners III. Legitimate v. Illegitimate
or beneficiaries
Legitimate Illegitimate
ARTICLE 161 – For purposes of availing of the Use of Right to bear Required to
benefits of a family home as provided for in Surname surname of use mother’s
this Chapter, a person may constitute or be the father surname
beneficiary of, only one family home. Parental Joint Mother only
authority
Comment:
Support Preferential No such
For benefits mentioned in this Chapter a person right to preference
may only avail of one family home. support over
mother if
 father has no legitimate. Impugning the legitimacy of the
means child is a strictly personal right of the husband
Successional Entitled to Entitled to and his heirs. A BC signed by the father is
right inheritance only ½ of competent evidence for paternity. But a mere
legitimate photocopy of such which has not been verified
child’s by the civil registry cannot be given probative
inheritance weight. The BC is only a prima-facie evidence.
Beneficiary Primary Not primary
Only legally adopted children are considered
right under beneficiaries beneficiary
dependents.
SSS and GSIS
Paternity Father is No such III. Test-tube Babies
leave entitled to 7 benefit
days of leave The 2nd paragraph deals with babies that are
with full pay artificially inseminated. The following are
requisites for the child to be legitimate:

ARTICLE 164 – Children born or conceived a. Authorized or ratified insemination

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.
I. Legitimate Child Defined
One conceived or born during the marriage of
the parents unless its status is impugned by
causes provided by law.
II. Birth Certificate is the best
evidence of date of birth
A birth certificate is the best evidence for a
person’s date of birth, and that late registration
by the mother does not affect its evidentiary
value.
Under Art. 164 of the FC children conceived or
born during the marriage of the parents are
b. In a written instrument
c. Executed and signed by the parents
before birth of the child
Artificial insemination is defined as a medical
procedure which the semen is introduced into
the vagina by means other than copulation for
the purpose of procreation. Therapeutic
insemination is a more preferred term by
physicians.
ARTICLE 165 – Children born or conceived
outside a valid marriage are considered
illegitimate, unless otherwise provide in this
Code.
I. There is now no more distinction
between natural and spurious
children as in the civil code:
a. Natural children – those born out of
wedlock with parents who were
capacitated to marry each other at the
time of conception
b. Spurious children – those otherwise
ARTICLE 166 – Legitimacy of a child may only
be impugned on the following grounds:
I.That is was physically impossible for the
husband to have sexual intercourse
with his wife within the first 120 days
 of the 300 days which immediately
precede the birth of the child because
of:
a. The physical incapacity of the
husband to have sexual
intercourse with his wife
b. That fact that husband and
wife were living separately in
such a way that sexual
intercourse was not possible
c. Serious illness of the husband
which absolutely prevented
sexual intercourse
II.That it is proved that for biological or
scientific reasons, the child could not
have been that of the husband, except
in the instance provided in the second
paragraph of Art. 164; or
III.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.
I. Par. 1 Physical Impossibility
Reason for the 120 days of the 300 days which
immediately precede the birth of the child:
- 300 minus 120 = 180 days or six months
which may be at the earliest, the intra-
uterine life of the child. Upon the other
hand, if the child was conceived on the
1st day of the 120 days, it must have
had an intra-uterine existence of 300
days or ten months, which may be the
maximum duration of its existence in
the maternal womb.
- Living separately, note that in this case
sex must not be possible. If the husband
and wife live in foreign countries or far
away provinces and there had not been
any visits between them in which
conception could have taken place,
then the presumption of legitimacy
does not life. However, if there were
visits every now and then, then this
cannot be a ground for impugning
legitimacy.
- Serious illness of the husband which
absolutely prevented sex.
Impotency – the inability to have sexual
intercourse; the inability to have an erection;
inability of the male organ to perform its proper
function
Sterility – is failure to have a child
II. Par 2
This paragraph deals with biological, scientific,
and ethnic reasons except in artificial
insemination as found in Art. 164
III. Par. 3
This deals with the consent needed for artificial
insemination to have been obtained through
mistake, fraud, violence, intimidation, or undue
influence, if such were the case then the child
conceived thereof is not considered legitimate.
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.
I. Comment
The first paragraph is to prevent the mother
from declaring the child illegitimate out of
anger or jealousy; the second deals with if
during adultery the mother may have already
been pregnant with the child therefore it is the
husbands.
ARTICLE 168 – If the marriage is terminated
and the mother contracted another marriage
within 300 days after such termination of the
former marriage, these rules shall govern in
the absence of proof to the contrary:
 1. A child born 180 days after the
solemnization of the subsequent
marriage is considered to have been
conceived during the former marriage,
provided it be born within 300 days
after the termination of the previous
marriage;
2. A child born after 180 days following
the celebration of the subsequent
marriage is considered to have been
conceived during such marriage, even
though it be born within 300 days after
the termination of the former
marriage.
I. Requisites for a Child to be a Child
of the First Marriage:
- Child must be born within 300 days
after the termination of the first
marriage;
- Said child must have been born within
(or before the end of) 180 days after
the solemnization of the second
marriage.
ARTICLE 169 – The legitimacy or illegitimacy of
a child born after 300 days following the
termination of the marriage shall be proved by
whoever alleges such legitimacy or
illegitimacy.
I. Comment
Following the termination of the marriage, no
presumptive rule exists with respect to a child
born after 300 days. For whoever alleges such
legitimacy or illegitimacy must prove the same.
In this respect, Art. 169 may be considered as
an exemption to the rule set forth in Art. 164
that “children born or conceived during the
marriage of the parents are considered
legitimate.”
ARTICL 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)
I. Elements of Art. 170
The action to impugn legitimacy of a child may
be brought only by the husband or in case of
death, his heirs.
Prescriptive period for such action:
If the husband or heirs reside in the same city or
municipality
- One year from knowledge of the birth
or its recording in the civil registrar
If the same reside in the Philippines
- Two years of the same
If the same reside abroad
- Three years of the same
If the same had no knowledge of such birth
- The period shall be counted from
discovery of such birth of the fact of
registration of said birth, whichever is
earlier
ARTICLE 171 – The heirs of the husband may
impugn 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
3. If the child was born after the death of
the husband.
I. Comment
General rule – it is only the husband that may
contest the filiation of the child.
Exception – the exceptions are found in Art.
171, namely:
1. If the husband should die before the
expiration of the period fixed for
bringing his action
2. If he should die after filing the
complaint without having desisted
therefrom
3. If the child was born after the death of
the husband
Art. 171 is the exception to Art. 170, however,
the prescriptive periods defined in Art. 170 still
apply.
II. Meaning of Heirs and Reason for
their Action
Heir – the term heirs in Art. 171 include
testamentary, voluntary, compulsory, or legal
heirs.
The reason that they can impugn such
legitimacy is that it is their successional rights
that may be affected by said birth of child. But
they are merely to act as substitute for the
husband, so when the husband fails to bring an
action during the prescribed period or when he
renounces his claim to such action, the heirs
would be barred from impugning the legitimacy
of the child. To grant the such, would be
subordinating the wish of the husband to the
selfish desire of the heirs
Chapter 2: 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 judgement; 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 possessions
of the status of a legitimate child; or
2. Any other means allowed by the Rules
of Court and special laws.
I. What is Proof of Filiation
Filiation – it is the judicial determination of
paternity, or the relation of a child to its father.
In civil law it is defined as the descent of son or
daughter regarding his or her father or mother
and their ancestors.
Filiation proceeding – it is a special statutory
proceeding, criminal in form, but a civil action
to enforce a civil obligation or duty specifically
for the purpose of establishing parentage and
the putative father’s duty to support his
illegitimate child.
Documentary evidence in proof do not
necessarily include the following:
a. Photographs – since in the CC a
record of birth, will, or another
instrument is required.
b. Letters
c. Birth certificates – a BC not
signed by the Father is not
competent evidence to prove
filiation.
d. Baptismal certificates – these
merely attest to the dates of
the performance of the
 sacraments but not to the
declared contents therein.
II. Means Allowed by Rules of Court
a. An act or declaration
concerning pedigree Sec. 33
Rule 130
b. Family reputation or tradition
concerning pedigree, Sec 34,
Rule 130
c. Common reputation respecting
pedigree, Sec. 35 Rule 130
d. Judicial admission, Sec. 2 Rule
129
e. Admissions of a party, Sec. 22
Rule 130
f. Admission by silence, Sec 23,
Rule 130
III. The term “Continuous”
This means that the possession of status shall
continue forever, but only that it is not
intermittent. The possession of such stats
means that the father has treated the child as
his own, directly and through others,
spontaneously and without concealment
though without publicity since the relation is
illegitimate. There must be showing of
permanent intention of the supposed father to
consider the child as his own, by continuous
and clear manifestation of paternal affection
and care. (Mendoza v. CA)
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 this case the heirs shall
have a period of five years within which to
institute the action.
The action already commenced by the child
shall survive notwithstanding the death of
both of the parties.
I. Elements of Art. 173
Set in this Article is the action to claim
legitimacy of the child
General rule: only the child may file the action
anytime during his or her lifetime.
Exception:
a. If the child dies in minority
b. If the child dies in insanity
c. If the heir will merely continue the
action filed by the child
Note that in a and b the heirs are only given five
years to bring 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;
3. To be entitled to the legitime and
other successional rights granted to
them by the Code.
I. Use of Surname
In the law it is provided by the Civil Code, Art.
364 that legitimate and legitimated children
shall principally use the surname of the father,
but the mother’s surname may also be used
under the FC, Art. 174.
Furthermore, in jurisprudence it was ruled that
legitimate children of course have the right to
use the surname of their father. But this is not a
prohibition that would give them monopolistic
control of the surname. The illegitimate
children may use such in the absence of law
against it.
 II. Support
The right to support cannot be renounced, nor
can it be transmitted to a third person. Neither
can it be compensated with what the recipient
owes the obligor. However, support in arears
may be compensated and renounced, and the
right to demand the same may be transmitted
by onerous or gratuitous title
Support is everything that is indispensable for
sustenance, dwelling, clothing, and medical
attendance, according to the social position of
the family.
Support also includes the education of the
person entitled to be supported until he
completes his education or training for some
profession, trade or vocation, even beyond the
age of maturity.
III. Legitime
The legitime of each child is half of the parent’s
estate divided by the number of children.
Legitime must always be given unless the child
is validly disinherited by legal cause. The free
portion of the property may also be given to the
children or to any of them
If a child dies ahead of his father, the heir of the
child can get the child’s legitime from the
father’s estate in testamentary succession. In
legal succession, the heir of the child will get all
that the child would have inherited had he not
died ahead of his father.
Chapter 3: Illegitimate Children
ARTICLE 175 – Illegitimate children may
establish their filiation in the same way and on
the same evidence as legitimate children.
The action must be brought in the same period
specified in Art. 173, except when the action is
based on the second paragraph of Art. 172, in
which case the action may be brought during
the lifetime of the alleged parent.
I. Process of Establishing Filiation by
Illegitimate Children
“In the same way and manner as legitimate
children”
This is found in Art. 172 except for paragraph 2
of the same, in addition to Art. 172 is Art. 173
for the prescriptive period.
Art 172:
1. The record of birth appearing in civil
register or final judgement.
2. The open and continuous possession of
the status of a legitimate child
3. Any other means allowed by the Rules
of Court
Prescriptive period is found in Art. 173:
1. During the lifetime of the child; or
2. By the heirs after the death of the child
as a minor or an insane.
3. The action commenced by the child
shall survive even though death of both
of the parties.
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 be half
of the legitime of a legitimate child.
I. Surname – that of the mother
II. Parental authority – that of the mother
III. Legitime – each child gets half of that
of a legitimate child.
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, or were so disqualified only because
either or both of them were below 18 years of
age, may be legitimated.
 I. Legitimated Child Defined
An illegitimate child who is given the rights of a
legitimate child, with the following requisites:
a. Conceived and born outside wedlock of
parents who at the time of the
conception of the child, were not dq’ed
by any impediment to marry each
other. Being a Catholic Priest is not an
impediment.
b. A subsequent valid marriage between
the parents.
- If a marriage is voidable but
subsequently annulled the legitimation
remains
- Express recognition of the child is not
required.
ARTICLE 178 – Legitimation shall take place by
a subsequent valid marriage between parents.
The annulment of a voidable marriage shall
not affect the legitimation.
I. Comment
The operative act of legitimation is the
subsequent valid marriage of the parents of the
natural child or children. The annulment of such
marriage which may be voidable will not
destroy the legitimation of the child or children
which, by the operative act of marriage had
already taken effect. In short, the annulment of
a voidable marriage shall not affect the
legitimation.
ARTICLE 179 – Legitimated children shall enjoy
the same rights as legitimate children.
I. Legitimated children shall enjoy the
same status and rights as that of
legitimate children, from the time of
their birth
ARTICLE 180 – The effects of legitimation shall
retroact to the time of the child’s birth.
I. Because the act of legitimation
produces effects as of the child’s birth,
for legal purposes, the child is deemed
born a legitimate child. Thus, a
legitimated child has now a right to
participate in a succession opened
before the marriage. This is because of
legitimation, as pointed out by Art. 180,
retroacts to the time of the child’s birth.
ARTICLE 181 – The legitimation of children who
died before the celebration of the marriage
shall benefit their descendants.
I. The former natural child who has been
legitimated can now inherit by right of
representation. He can represent his
deceased father in matters or
succession.
ARTICLE 182 – Legitimation may be impugned
only by those who are prejudiced in their
rights, within five years from the time of action
accrues.
I. This is done by those whose rights are
being prejudiced within five years from
the time their cause of action has
accrued.
TITTLE 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 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.
 I. Adoption Defined Aliens not included in the foregoing exceptions
may adopt Filipino in children in accordance
Adoption is defined as the process of making a
with the rules provided on inter-country
child whether related or not to the adopter,
adoption as may be provided by law.
possess in general, the rights accorded to a
legitimate child. I. Re Guardians

II. Qualifications of Adopter Guardians may adopt wards only:

• Must be of age (at least 18)
a) After approval of final accounts
• In possession of full civil capacity and
b) The final accounts must have been
legal rights
rendered upon termination of the
• In a position to support and care for his
guardianship relation
children (legit or not) in keeping with
II. Conviction of a Crime Involving Moral
the means of the family
Turpitude
• Generally, at least 16 years older than
the adopted There must be a final judgement of conviction. A
III. General Rule: only minors may be person convicted in the first instance may after
adopted; exception those of major age all be acquitted.
may be adopted if allowed under this
III. Re. Aliens
Title.
a) Person to be adopted must be a relative
IV. When the Adopter may be less than 16
by consanguinity and adopter must be a
years older than the adopted.
former Filipino citizen
a. When the adopter is the parent by
b) Only the legitimate children of the
nature of the adopted
Filipino spouse may be adopted
b. When the adopter is the spouse of the
c) The adoption herein must be made
legitimate parent of the person to be
jointly by the alien and Filipino spouse,
adopted
the person to be adopted must be a
V. Child’s welfare is paramount
relative by blood of the Filipino.
ARTICLE 184 – The following persons may d) Even aliens who cannot ordinarily adopt
adopt: may do so if permitted in accordance
with the rules on inter-country adoption
1. The guardian with respect to the ward
as may be provided by law
prior to the approval if the final
IV. Registrable but Ineffective
accounts rendered upon termination of
their guardianship relation The status of adoption once created under the
2. Any person who has been convicted of a proper foreign law will be recognized in this
crime involving moral turpitude country, except where public policy or the
3. An alien except; interests of its inhabitants forbid its enforcement
a. A former Filipino citizen who and demand the substitution of the lex fori
seeks to adopt a relative by
In light thereof an adoption created in a foreign
consanguinity
country is entitled to registration in the
b. One who seeks to adopt the
corresponding civil register of the Philippines.
legitimate child of his or her
Nevertheless, it must be borne in mind that the
Filipino spouse.
effects of such adoption shall be governed by the
laws of this country
ARTICLE 185 – Husband and wife must jointly
adopt, except in the following cases:
1. When spouse seeks to adopt his own
illegitimate child; or
2. When one spouse seeks to adopt the
legitimate child of the other.
I. General rule: adoption must be made
jointly by husband and wife
II. Exception:
a. When the spouse wishes to
adopt her own illegitimate child
b. When the spouse wishes to
adopt the legitimate child of the
other spouse.
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 both spouses in accordance with
this Code.
I. Exercise of joint parental authority
Under Art. 186 joint parental authority is
exercised by both spouses if: (1) husband and
wife jointly adopt; or (2) one spouse adopts the
legitimate child of the other.
II. If disagreement ensues
In case of disagreement it is the father’s decision
that shall prevail, unless there is a judicial order
to the contrary.
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 had been consistently
considered and treated by the adopter
as his or her own child during minority.
2. An alien with whose government the
Philippines has no diplomatic relations
3. A person who has already been adopted
unless such adoption has been
previously revoked or rescinded.
I. Par. 1
In par. 1 the person to be adopted is already of
legal age, the requisites for adoption for this
would be:
a) The person to be adopted must be a
child by the adopter or of the adopter’s
spouse
b) The child prior to the adoption had been
consistently considered and treated by
the adopter as his or her own child
during minority
II. Par. 2
Here, the point is to avoid any official contact,
direct or indirect with the country with which the
Philippines does not have diplomatic relations.
Thus, there is perceived difficulty in terms of
negotiating for protection of Filipino citizens in
case of problems that necessitate the use of
diplomatic channels.
III. Par. 3
Here, a restatement is made of fundamental rule
against double or multiple adoptions, for it is
unnatural for a person to have two or more
father or mothers.
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 latter’s
spouse if any; and
5. The spouse, if any, of the person
adopting or to be adopted
I. Elements of Art. 188
a) The consent must be written
b) The age of ten or over for consent of the
person to be adopted and the children of
the adopter
c) Difference in consent requirement of the
legitimate and the illegitimate child of
the adopter, the latter must be living
with the adopter or the latter’s spouse
d) The consent in par. 5 does not
necessarily mean that the consenter is
also adopting the child
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)
I. The above mentioned are the effects of
adoption:
a. The adopted and adopter shall
have the reciprocal rights of
obligations arising from parent-
child relation
b. The parental authority of the
natural parents of the child shall
cease when the decree of
adoption has been given, during
the trial, the adopting parents
are given custody of the child.
c. The adopted shall remain an
intestate heir of his parents or
blood relatives
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 adopter, 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 physically or mentally handicapped, the court
603) shall appoint in the same proceeding a guardian
over his person or property or both.
ARTICLE 191 – If the adopted is a minor or
otherwise incapacitated, the adoption may be
judicially rescinded upon petition of any person
Judicial rescission of the adoption shall
authorized by the court or proper government
extinguish all reciprocal rights and obligations
instrumentality acting on his behalf, on the
between the adopters and the adopted arising
same grounds prescribed for loss or suspension
from the relationship of parent and child. The
of paternal authority. If the adopted is at least
adopted shall likewise lose the right to use the
18 years of age, he may petition for judicial
surnames of the adopters and shall resume his
rescission of the adoption on the same grounds
surname prior to the adoption.
prescribed for disinheriting an ascendant.
The court shall accordingly order the
I. This Articles speaks of judicial rescission
amendment of the records in the proper
(or cancellation) of the adoption.
registries. (42a, PD 603)
Grounds are those of suspension or loss
of parental authority I. Reinstatement of Parental Authority
II. When adopted the child may bring the
action himself, provided he is 18 years of This deals with the reinstatement of the parental
age or over. Grounds are the same as for authority of the natural parents upon rescission
disinheriting an ascendant. of adoption if the child is a minor, unless the
natural parents are dq’ed or incapacitated.
ARTICLE 192 – The adopters may petition the
court for the judicial rescission of the adoption II. Effects of Judicial Rescission of Adoption
in any of the following cases: The judicial rescission shall extinguish all
1. If the adopted has committed any act reciprocal rights and obligations between the
constituting a ground for disinheriting adopter and adopted. The court shall order the
as descendant; or amendment of records in the proper registries
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
I. This Article deals with rescission or
cancellation of adoption by the adopters.

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