Civil Code of the Philippines The circulars issued by the Monetary Board must

be published if they are not merely to interpret but

to “fill in the details” of the Central Bank Act which
Chapter 1 that body is supposed to enforce.

EFFECT AND APPLICATIONS OF LAWS Rule Applied to Executive Order and Administrative
Rules
 Must conform to the standards of the law.
Article 1. This Act shall be known as the "Civil
 Administrative Rules have the force of law.
Code of the Philippines."
Article 3. Ignorance of the law excuses no one
Article 2. Laws shall take effect after fifteen days
from compliance therewith.
following the completion of their publication in
the Official Gazette, unless it is otherwise Latin Maxim on Ignorance of the Law
provided. This Code shall take effect one year
Ignorantia legis non excusat meaning ignorance of
after such publication.
the law excuses no one.
Effectivity Date of an Ordinary Law
Applicability of the Maxim
Not Provided Provided
Refers to mandatory or prohibitive laws.
 AFTER 15 days  Effectivity date.
 Completion of Ignorance of Foreign Law
Publication
Ignorance of foreign law is not ignorance of the
 Official Gazette
law, but ignorance of the fact because foreign laws
must be alleged and proved as matters of fact,
Effectivity of the Civil Code there being no judicial notice of said foreign law.

August 30, 1950 Processual Presumption

When No Publication is Needed If the foreign law is not properly alleged and
proved, the presumption is that it is the same as
General Rule When the effectivity our law.
date is expressly stated
Exception Punitive in nature Scope of Ignorance of the Law
Refer not only to the literal words of the law itself,
When Publication is Needed but also to the meaning or interpretation given to
said law by our courts of justice.
Unless otherwise provided, laws shall take effect
after 15 days following the completion of the Ignorance of Law vs Ignorance of the Fact
publication in the Official Gazette or in a Ignorance of the Law Ignorance of the Fact
newspaper of general circulation. No excuse for Eliminates criminal
Rule Applicable to Certain Circulars but Not to All complying with the law intent as long as there
is no negligence.
The fact that the circular is punitive in character is Mistakes of Facts
the principal reason why publication should be
made. However, circulars which are mere a. An honest error made by a lawyer in the
statements of general policy as to how the law interpretation of the law.
should be construed do not need presidential b. An erroneous belief that a certain court had
approval and publication in the Official Gazette. jurisdiction to grant absolute divorce.
c. If a girl is married without parental consent
Circulars that “fill in the details” thinking she was already of a certain age.
Ignorance of the Law as the Basis of Good Faith Article 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
He is still liable, but his liability shall be mitigated.
except when the law itself authorizes their
Ignorance of the Law on the Part of the Judge validity.

 Judge’s denial of complainants’ right to be Mandatory or Prohibitory Laws

assisted by counsel and the right to defend
(a) Positive – when something must be done
themselves
(b) Negative or Prohibitory – when something
 Issuing a Search Warrant or Warrant of should not be done
Arrest in violation of the requirement of
personal knowledge. Exceptions
“Incompetence” amounts to Ignorance of the Law Although in general, violations of mandatory or
prohibitory laws result in void acts or contracts, in
Lack of prudence or incompetence amounts to the some instances, the law authorizes their validity.
ignorance of the law. Among these exceptional instances are the
Case following:

May a judge be administratively sanctioned from (a) When the law makes the act not void but
mere errors of judgment? merely voidable (valid, unless annulled), at
the instance of the victim.
No, absent a showing of any bad faith, fraud, (b) When the laws makes the act valid, but
malice, gross ignorance, corrupt purpose, or a subjects the wrongdoer to criminal
deliberate intent to do on an injustice on his or her responsibility.
part. (c) When the law makes the act itself void, but
Article 4. Laws shall have no retroactive effect, recognizes the legal effects flowing
unless the contrary is provided. therefrom.
(d) When the law itself makes certain acts valid
Reasons Why Laws in General are Prospective although generally they would have been
If laws were retroactive, grave injustice would void.
occur, for these laws would punish individuals for Article 6. Rights may be waived, unless the waiver
violations of laws not yet enacted. is contrary to law, public order, public policy,
Exceptions to the Prospective Effects of Laws morals, or good customs, or prejudicial to a third
person with a right recognized by law.
While in general, laws are prospective, they are
retroactive in the following cases: Rules for the Waiver of Rights

a. If the laws themselves provide for General Rule Rights may be waived
retroactivity Exceptions  When the
b. If the laws are remedial in nature waiver is
c. If the statute is penal in nature provided: contrary to law,
(1) It is favorable to the accused or convict po, pp, morals,
(2) Not a habitual delinquent or good
d. If the laws are of an emergency nature and customs.
are authorized by the police power of the  When the
government. waiver
e. If the law is curative prejudicial to a
f. If a substantive right be declared for the third person
first time, unless vested rights impaired. with a right
recognized by
 law. c. The right to object to testimony of a wife on
Definitions information obtained because of her
domestic relations with her husband.
Rights – the power or privilege given to one person d. The right of an accused to be assisted by a
and as a rule demandable of another. counsel
Generally, rights involve two subjects e. The right of the accused in a criminal case
to have a preliminary investigation may be
1. Active Subject – the person entitled waived.
2. Passive Subject – the person obliged to f. The venue of actions
suffer the enforcement of the right. g. The taxpayer may waive the benefit granted
Rights may be: by law by reason of prescription of
execution
1. Real rights – enforceable against the whole h. Waiver of compensation to an office of an
world (absolute rights) executor or administrator he accepted
2. Personal rights – enforceable against a i. Right to back pay of an employee
particular individual (relative rights) j. Failure to ask for vacation or sick leave
Waiver – the intentional or voluntary privileges after a period of more than 5
relinquishment of a known rights, or such conduct years constitutes a valid waiver.
that warrants an inference of the relinquishment of k. Prescription, if not pleaded as a defense
such right. before or during the trial, is deemed
waived.
Requisites of a Valid Waiver
Article 7. Laws are repealed only by subsequent
a. Capacity to make the waiver ones, and their violation or non-observance shall
b. Waiver must be made clearly, but not not be excused by disuse, or custom or practice to
necessarily express the contrary.
c. Actually possesses the right which is he is
renouncing When the courts declared a law to be inconsistent
d. Must comply with other formalities with the Constitution, the former shall be void
e. Must not be contrary to law, morals, public and the latter shall govern.
policy, public order, or good customs Administrative or executive acts, orders and
f. Must not prejudice third persons with a regulations shall be valid only when they are not
right recognized by law. contrary to the laws or the Constitution.
Examples of Rights that Cannot be Renounced Sources of Law
a. Natural rights  Constitution
b. Alleged rights (do not yet exist)  Laws or Presidential Decrees
c. Those renunciation of which would infringe  Administrative or Executives Acts, Orders,
upon public policy. and Regulations
d. When the waiver is prejudicial to third
persons with a right recognized by law How Laws are Repealed

Examples of Rights that May be Renounced a. Expressly

b. Impliedly (insofar as there are
a. Support in arrears inconsistencies between a prior and a
b. The right granted to prepare at least two subsequent law)
days before trial is waivable, expressly or
impliedly. Rule for General and Special Law
In case of conflict between a general and a special
law, which should prevail?
 a. If the GL was enacted prior to the SL, the SL repealed by Law B. Law
is considered as an exception to the GL. B is later repealed by
b. If the GL was enacted after the SL, the SL Law C. Is Law A
remains unless: revived? Yes, unless
i. There is an express declarations to Law C provides
the contrary. otherwise.
ii. There is a clear, necessary, and
unreconcilable conflict.
iii. Unless the subsequent GL covers the
whole subject and is clearly Non-Observance of the Law
intended to replace the SL on the Disuse, custom, or practice to the contrary does
matter. not repeal a law.
Lapse of Laws Executive Fiat Cannot Correct a Mistake in the Law
Laws may lapse without the necessity of any repeal A mistake in the law or in legislation cannot be
as exemplified by: corrected by executive fiat but by another
legislation.
 The law granting the President Emergency
Powers No Collateral Attack
 The annual appropriations law.
The constitutionality of a law or executive order
No longer considered an offense, punished? may not be collaterally attacked. They shall,
therefore, be deemed valid unless declared null
Repeal No.
and void by a competent court.
Lapse Yes, can still be
imposed. Some Grounds for Declaring a Law Unconsitutional
1. The enactment of the law may not be
Effect if the Repealing Law is itself Repealed within the legislative powers of the law
making body.
When a law which The law first repealed
2. Arbitrary methods may have been
expressly repeals a shall not be thereby
established.
prior law is itself revived, unless
3. The purpose of effect violates the
repealed expressly so provided.
Constitution or its basic principles.
Law A is expressly Effect of a Law that has been Declared
repealed by Law B. If Unconstitutional
Law B is itself repealed
Operative Fact – takes into consideration the
by Law C, is Law A
existence of the law prior to such declaration
revived? No, unless
Law C expressly so Operative Fact Doctrine
provides.
This is when a legislative or executive act, prior to
its being declared as unconstitutional by the courts,
When a law which The repeal of the
is valid and must be complied with.
repeals a prior law, not repealing law revives
expressly but by the prior law, unless Article 8. Judicial decisions applying or
implication, is itself the language of the interpreting the laws or the Constitution shall
repealed repealing statute form a part of the legal system of the Philippines.
provides otherwise.
Are Judicial Decisions Laws?
Law A is impliedly
No. While it is true that decisions which apply or a. A judgment void for lack of jurisdiction over
interpret the Constitutions or laws are part of the the subject matter can be assailed at any
legal system of the Philippines, still they are not time either directly or collaterally.
laws, if this were so, the courts would be allowed b. After the judgment becomes final, facts and
to legislate contrary to the principle of separation circumstances transpire which renders it
of powers. execution impossible or unjust, the
interested party may ask the court to
modify or alter the judgment to harmonize
the same with justice and with the facts.

Decisions Referred to in Article 8 Article 9. No judge or court shall decline to render

judgment by reason of the silence, obscurity or
Those enunciated by the Supreme Court, which is insufficiency of the laws.
the court of last resort. Only the decisions of the
Supreme Court establish jurisprudence or doctrines Duty of a Judge if the Law is Silent
in this jurisdiction.
A judge must give a decision, whether he knows
Doctrines of Subordinate Courts what law to apply or not. He must still decide the
case.
Only persuasive in nature and can have no
mandatory effect. What can the Judge Apply

Doctrine of Stare Decisis The Judge may apply any rule he desires as long as
the rule chosen is in harmony with general interest,
Once a case has been decided one way, then order, morals, and public policy. Among such rules
another case, involving exactly the same point at may be the following:
issue should be decided in the same manner.
Purpose: for stability in the law. a. Customs
b. Decisions of foreign and local courts on
Obiter Dicta similar cases
Opinions not necessary to the determination of a c. Opinions of highly qualified writers and
case. They are not binding, and cannot have the professors
force of judicial precedents. d. Rules of Statutory Construction
e. Principles laid down in analogous instances.
How Judicial Decisions may be Abrogated f. General Principles of the natural moral law,
a. By a contrary ruling by the Supreme Court human law, and equity
itself g. Respect for human dignity and personality
b. By corrective legislative acts of Congress Does Article 9 apply to Criminal Cases?
Judicial Review of Administrative Decisions Yes. Nullum crimen, nulla poena sine lege
General Rule No Article 10. In case of doubt in the interpretation or
Exceptions Denial of Due Process, application of laws, it is presumed that the
Mistake of Law, Fraud, lawmaking body intended right and justice to
Collusion, Arbitrary Action prevail
in the administrative
proceeding. Dura Lex Sed Lex
The law may be harsh, but it is still the law.
When Final Judgments may be Charged The first duty of the judge is to apply the law-
whether it be wise or not, whether just or unjust-
provided that the law is clear and there is no A custom is presumed not to exist when those who
doubt. should know, do not know of its existence.
In case of Doubt Kinds of Customs
The Judge should presume that the lawmaking a.
body intended right and justice to prevail.
General Custom That of a country

Article 11. Customs which are contrary to law, Custom of the Where an act
public order or public policy shall not be Place transpires
countenanced. b.
“Custom” Defined Propter Legem In accordance with
law
Custom – A rule of human action (conduct)
Contra Legem Against the law
established by repeated acts, and uniformity
Extra Legem Constitute sources
observed or practiced as a rule of society, through
of supplementary
the implicit approval of the lawmakers, and which
law, in default of
is, therefore, generally obligatory and legally
specific legislation
binding.
on the matter
Requisites before the Courts can Consider Customs
a. Proved as a fact Article 13. When the laws speak of years, months,
b. Must not be contrary to l, po, pp days or nights, it shall be understood that years
c. Number of repeated acts are of three hundred sixty-five days each; months,
d. Uniformly performed of thirty days; days, of twenty-four hours; and
e. Juridical intention to make a rule of social nights from sunset to sunrise.
conduct
f. Sufficient lapse of time If months are designated by their name, they shall
be computed by the number of days which they
“Law” distinguished from “Custom” respectively have.
Law Custom In computing a period, the first day shall be
Written, consciously Unwritten, excluded, and the last day included.
made, and enacted by spontaneous, and
Rule if the last day is a Sunday or a Legal Holiday
Congress comes from society
Law is superior to a custom as a source of right. Ordinary Contract Due
While courts take cognizance of local laws, there Law, Rules of Court, Last day should be the
can be no judicial notice of customs, even if local. Order of Court next day, provided said
day is neither a Sunday
Article 12. A custom must be proved as a fact,
not a legal holiday.
according to the rules of evidence.
Presumption of Acting in Accordance with Custom
Article 14. Penal laws and those of public security
There is a presumption that a person acts and safety shall be obligatory upon all who live or
according to the custom of the place. sojourn in the Philippine territory, subject to the
principles of public international law and to treaty
When a Custom is Presumed Non-Existent
stipulations.
Theories of Territoriality and Generality Article 16. Real property as well as personal
property is subject to the law of the country
Territoriality Generality
where it is stipulated.
Any offense committed Even aliens come
within our territory under our territorial However, intestate and testamentary successions,
offends the state. jurisdiction. both with respect to the order of succession and
to the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall
Exceptions be regulated by the national law of the person
 Principles of Public International Law whose succession is under consideration,
 The presence of treaty stipulations whatever may be the nature of the property and
regardless of the country wherein said property
may be found. (within the Ph, page 108)
Article 15. Laws relating to family rights and
duties, or to the status, condition and legal
capacity of persons are binding upon citizens of Conflict Rules on Property (Lex Rei Sitae)
the Philippines, even though living abroad. Property, whether real or personal, is as a rule
“Status” Defined governed by the lex rei sitae (law of the place
where the property is situated).
Status – The status of a person in civil law includes
personal qualities and relations, more or less Exceptions to the Lex Situs Rule
permanent in nature, and not ordinarily terminable Successional rights, governed by the national laws
at his own will, such as his being married or not, or of the deceased.
his being legitimate or illegitimate.
a. Order of succession
Scope of Article 15 (Nationality Principle) b. Amount of successional rights – amount of
a. Family rights and duties property that each heir is legally entitled to
b. Status inherit from the estate available for
c. Condition distribution
d. Legal Capacity c. Intrinsic validity of the provisions of a will –
whether a disinheritance has been made,
Capacity to Enter into Ordinary Contract whether a testamentary disposition can be
Governed by the national law of the person. given effect or not
d. Capacity to succeed
Capacity to Enter into Other Relations
“Renvoi” Defined
Capacity to acquire, Lex Situs (law of the
encumber, assign, place where the Renvoi – literally means referring back.
donate, or sell property is situated) Article 17. The forms and solemnities of contracts,
property wills, and other public instruments shall be
Capacity to inherit National law of the governed by the laws of the country in which they
decedent are executed.
Capacity to get married Lex Loci Celebrationis
(law of the place where When the acts referred to are executed before the
the marriage was diplomatic or consular officials of the Republic of
entered) subject to the Philippines in a foreign country, the
certain exceptions. solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or The prevailing rule in Private International Law is to
property, and those which have for their object consider the lex loci voluntatis (law of the place
public order, public policy and good customs shall voluntarily selected) or the lex loci intentionis (law
not be rendered ineffective by laws or judgments of the place intended by the parties to the
promulgated, or by determinations or contract)
conventions agreed upon in a foreign country.
Article 18. In matters which are governed by the
Doctrine of Lex Loci Celebrationis Code of Commerce and special laws, their
deficiency shall be supplied by the provisions of
The forms and solemnities of contracts, wills, and
this Code.
other public instruments shall be governed by the
laws of the country in which they are executed. Rule in Case of Conflict Between the Civil Code and
Other Laws
In general, in case of conflict, the special law
prevails over the Civil Code, which is general in
Formalities for the Acquisition, Encumbering, or nature.
Alienation of Property
Governed by lex rei sitae.
When the Civil Code is Superior
Rule of Exterritoriality
Instances when the Civil Code expressly declares
Even if the act be done abroad, still if executed itself superior to special laws:
before Philippine diplomatic and consular officials,
a. Common Carriers – the Code of Commerce
the solemnities of Philippine laws shall be
supplies the deficiency
observed. The theory is that the act is being done
b. Insolvency – the special laws supply the
within an extension of Philippine territory (the
deficiency
principle of exterritoriality).
Chapter 2
Rule Respecting Prohibitive Laws
HUMAN RELATIONS
General Rule Foreign law, contract,
or judgment can be Article 19. Every person must, in the exercise of
given effect his rights and in the performance of his duties, act
Exception Prohibitive laws with justice, give everyone his due, and observe
concerning persons, honesty and good faith.
their acts or property,
and those which have Article 20. Every person who, contrary to law,
for their object public wilfully or negligently causes damage to another,
order, public policy and shall indemnify the latter for the same.
good customs shall not
be rendered ineffective Article 21. Any person who wilfully causes loss or
by laws or judgments injury to another in manner that is contrary to
promulgated, or by morals, good customs or public policy shall
determinations or compensate the latter for the damage.
conventions agreed
upon in a foreign Article 22. Every person who through an act of
country. performance by another, or any other means,
acquires or comes into possession of something at
Intrinsic Validity of Contracts the expense of the latter without just or legal
ground, shall return the same to him.
Article 23. Even when an act or event causing Article 28. Unfair competition in agricultural,
damage to another's property was not due to the commercial or industrial enterprises or in labor
fault or negligence of the defendant, the latter through the use of force, intimidation, deceit,
shall be liable for indemnity if through the act or machination or any other unjust, oppressive or
event he was benefited. highhanded method shall give rise to a right of
action by the person who thereby suffers damage.
Article 24. In all contractual, property or other
relations, when one of the parties is at a Article 29. When the accused in a criminal
disadvantage on account of his moral prosecution is acquitted on the ground that his
dependence, ignorance, indigence, mental guilt has not been proved beyond reasonable
weakness, tender age or other handicap, the doubt, a civil action for damages for the same act
courts must be vigilant for his protection. or omission may be instituted. Such action
requires only a preponderance of evidence. Upon
Article 25. Thoughtless extravagance in expenses motion of the defendant, the court may require
for pleasure or display during a period of acute the plaintiff to file a bond to answer for damages
public want or emergency may be stopped by in case the complaint should be found to be
order of the courts at the instance of any malicious.
government or private charitable institution.
If in a criminal case the judgment of acquittal is
Article 26. Every person shall respect the dignity, based upon reasonable doubt, the court shall so
personality, privacy and peace of mind of his declare. In the absence of any declaration to that
neighbors and other persons. The following and effect, it may be inferred from the text of the
similar acts, though they may not constitute a decision whether or not the acquittal is due to
criminal offense, shall produce a cause of action that ground.
for damages, prevention and other relief:
Article 30. When a separate civil action is brought
(1) Prying into the privacy of another's to demand civil liability arising from a criminal
residence; offense, and no criminal proceedings are
instituted during the pendency of the civil case, a
(2) Meddling with or disturbing the private preponderance of evidence shall likewise be
life or family relations of another; sufficient to prove the act complained of.

(3) Intriguing to cause another to be Article 31. When the civil action is based on an
alienated from his friends; obligation not arising from the act or omission
complained of as a felony, such civil action may
(4) Vexing or humiliating another on proceed independently of the criminal
account of his religious beliefs, lowly proceedings and regardless of the result of the
station in life, place of birth, physical latter.
defect, or other personal condition.
Article 32. Any public officer or employee, or any
Article 27. Any person suffering material or moral private individual, who directly or indirectly
loss because a public servant or employee refuses obstructs, defeats, violates or in any manner
or neglects, without just cause, to perform his impedes or impairs any of the following rights and
official duty may file an action for damages and liberties of another person shall be liable to the
other relief against the latter, without prejudice to latter for damages:
any disciplinary administrative action that may be
taken. (1) Freedom of religion;

(2) Freedom of speech;

(3) Freedom to write for the press or to (17) Freedom from being compelled to be
maintain a periodical publication; a witness against one's self, or from being
forced to confess guilt, or from being
(4) Freedom from arbitrary or illegal induced by a promise of immunity or
detention; reward to make such confession, except
when the person confessing becomes a
(5) Freedom of suffrage; State witness;

(6) The right against deprivation of (18) Freedom from excessive fines, or cruel
property without due process of law; and unusual punishment, unless the same
is imposed or inflicted in accordance with a
(7) The right to a just compensation when statute which has not been judicially
private property is taken for public use; declared unconstitutional; and

(8) The right to the equal protection of the (19) Freedom of access to the courts.
laws;
In any of the cases referred to in this
(9) The right to be secure in one's person, article, whether or not the defendant's act
house, papers, and effects against or omission constitutes a criminal offense,
unreasonable searches and seizures; the aggrieved party has a right to
commence an entirely separate and
(10) The liberty of abode and of changing distinct civil action for damages, and for
the same; other relief. Such civil action shall proceed
independently of any criminal prosecution
(11) The privacy of communication and (if the latter be instituted), and may be
correspondence; proved by a preponderance of evidence.

(12) The right to become a member of The indemnity shall include moral damages.
associations or societies for purposes not Exemplary damages may also be adjudicated.
contrary to law;
The responsibility herein set forth is not
(13) The right to take part in a peaceable demandable from a judge unless his act or
assembly to petition the Government for omission constitutes a violation of the Penal Code
redress of grievances; or other penal statute.

(14) The right to be a free from involuntary Article 33. In cases of defamation, fraud, and
servitude in any form; physical injuries a civil action for damages,
entirely separate and distinct from the criminal
(15) The right of the accused against action, may be brought by the injured party. Such
excessive bail; civil action shall proceed independently of the
criminal prosecution, and shall require only a
(16) The right of the accused to be heard preponderance of evidence.
by himself and counsel, to be informed of
the nature and cause of the accusation Article 34. When a member of a city or municipal
against him, to have a speedy and public police force refuses or fails to render aid or
trial, to meet the witnesses face to face, protection to any person in case of danger to life
and to have compulsory process to secure or property, such peace officer shall be primarily
the attendance of witness in his behalf; liable for damages, and the city or municipality
shall be subsidiarily responsible therefor. The civil
action herein recognized shall be independent of b. Juridical Person – those created by law.
any criminal proceedings, and a preponderance of
Article 37. Juridical capacity, which is the fitness
evidence shall suffice to support such action.
to be the subject of legal relations, is inherent in
every natural person and is lost only through
Article 35. When a person, claiming to be injured
death. Capacity to act, which is the power to do
by a criminal offense, charges another with the
acts with legal effect, is acquired and may be lost.
same, for which no independent civil action is
granted in this Code or any special law, but the Definition of JC and CA
justice of the peace finds no reasonable grounds
to believe that a crime has been committed, or Juridical Capacity Capacity to Act
the prosecuting attorney refuses or fails to The fitness to be the The power to do acts
institute criminal proceedings, the complaint may subject of legal with legal effect
bring a civil action for damages against the alleged relations
offender. Such civil action may be supported by a
preponderance of evidence. Upon the defendant's
motion, the court may require the plaintiff to file
a bond to indemnify the defendant in case the
complaint should be found to be malicious.
Differences
If during the pendency of the civil action, an Juridical Capacity Capacity to Act
information should be presented by the Passive Active
prosecuting attorney, the civil action shall be Inherent Merely acquired
suspended until the termination of the criminal Lost only thru death Lost thru death & may
proceedings. be restricted by other
causes
Article 36. Pre-judicial questions, which must be Can exist without CA Exists always with JC
decided before any criminal prosecution may be
instituted or may proceed, shall be governed by
rules of court which the Supreme Court shall Article 38. Minority, insanity or imbecility, the
promulgate and which shall not be in conflict with state of being a deaf-mute, prodigality and civil
the provisions of this Code. interdiction are mere restrictions on capacity to
act, and do not exempt the incapacitated person
BOOK I. – PERSONS from certain obligations, as when the latter arise
from his acts or from property relations, such as
Title I. CIVIL PERSONALITY easements.
Restrictions on Capacity to Act
Chapter 1 a. Minority
General Provisions b. Insanity or Imbecility
c. State of being deaf-mute
Introductory Comments: d. Prodigality (state of squandering money or
Person – any being, natural or artificial, capable of property with a morbid desire to prejudice
possessing legal rights and obligations. the heirs of a person)
e. Civil Interdiction (the deprivation by the
Two Kinds of Persons court of a person’s right)
i. To have parental or marital
a. Natural Person – human beings created by
authority
God through the intervention of the
ii. To be the guardian of the person
parents.
and property of a ward
 iii. To dispose of his property by an act limited on account of religious belief or political
inter vivos (he cannot donate) opinion.
iv. To manage his own property
A married woman, twenty-one years of age or
Minority over, is qualified for all acts of civil life, except in
cases specified by law.
Generally, a minor needs parental consent before
he can enter into an ordinary contract. If he goes Difference between Article 38 and 39
ahead without such consent, the contract is not,
Article 38 Refers to restrictions
however, void. It is merely voidable (valid until
on capacity to act
annulled).
Article 39 Not only restrictions
A minor has capacity to act, it is merely restricted. but also those
circumstances that
Insanity or Imbecility (Feeble-mindedness)
modify capacity to act
Insanity Imbecility
Condition in which a Condition in which a
Modifications or Limitations on Capacity to Act
person’s mind is sick person thinks like a
small child. Enumerates other restrictions, like family relations
State of being deaf-mute and alienage.
A deaf-mute may either be sane or insane. If sane,
prescription may run against him.
Family Relations
He may make a will but cannot be a competent
A man cannot marry his mother, or sister, or even a
witness to a notarial will.
first cousin.
A deaf-mute is a competent to be a witness so long
Alienage
as he has the faculty to make observations and he
can make those observations known to others. An alien cannot generally acquire private or public
agricultural lands, including those residential in
Penalty of Civil Interdiction
nature, except through hereditary succession and
The penalty of civil interdiction is given to a this prohibition extends to alien corporations,
criminal punished by imprisonment of 12 years and which cannot under the law acquire ownership
1 day or more. over lands, even for a limited period of time.
Effect in general of the restrictions: An alien cannot practice medicine or law.
a. Does not extinguish CA, mere restricts or An alien cannot be voted for a public office.
limits
An alien cannot engage in coastwise shipping.
b. Incapacitated person is not exempt from
certain obligations arising from his acts. Absence
Article 39. The following circumstances, among The fact that one has been absent for several years
others, modify or limit capacity to act: age, and his whereabouts cannot be determined,
insanity, imbecility, the state of being a deaf- subjects his property to administration by order of
mute, penalty, prodigality, family relations, the court although his capacity to act is not limited.
alienage, absence, insolvency and trusteeship. The
consequences of these circumstances are Chapter 2
governed in this Code, other codes, the Rules of NATURAL PERSONS
Court, and in special laws. Capacity to act is not
Article 40. Birth determines personality; but the
conceived child shall be considered born for all
purposes that are favorable to it, provided it be The effect of death upon the rights and
born later with the conditions specified in the obligations of the deceased is determined by law,
following article. by contract and by will.
Beginning of Personality (Presumptive Personality) How Civil Personality is Extinguished
Personality does not begin at birth; it begins at By death.
conception. This personality is called presumptive
Effect of Physical Death
personality. It is essential that birth should occur
later, otherwise the foetus will be considered as Effect of death is determined by:
never having possessed legal personality.
a. Law
When No Registration will be Made b. Contract
c. Will
If the conditions specified in Art. 41 are not
complied with, the birth and the death of the child Article 43. If there is a doubt, as between two or
will not be recorded in the Civil Registry. more persons who are called to succeed each
other, as to which of them died first, whoever
Rule in Case of Abortive Infants
alleges the death of one prior to the other, shall
Parents would be entitled to moral damages and to prove the same; in the absence of proof, it is
exemplary damages, if warranted. presumed that they died at the same time and
there shall be no transmission of rights from one
to the other.
Article 41. For civil purposes, the foetus is
considered born if it is alive at the time it is
completely delivered from the mother's womb. Presumptions on Survivorship under the Revised
However, if the foetus had an intra-uterine life of Rules of Court
less than seven months, it is not deemed born if it
Rule 131, Sec. 5 (jj)
dies within twenty-four hours after its complete
delivery from the maternal womb. When two persons perish in the same calamity,
such as a wreck, battle, or conflagration, and it is
Two Kinds of Children
not shown who died first, and there are no
Ordinary Extraordinary particular circumstances from which it can be
With an intra-uterine If the intra-uterine life inferred, the survivorship is presumed from the
life of at least 7 months be less than seven probabilities resulting from the strength and age of
(mere birth is sufficient months (child must the sexes, according to the following rules:
here) have lived for at least
Who is presumed to
24 hours after its
have survived
complete delivery from
Both were under the Older
the maternal womb.
age of 15 years
Both were above the Younger
For Beneficial and Civil Purposes age of 60
One is under 15 and Younger
Foetus is considered born only for civil purposes
the other above 60
which are beneficial.
Both be over 15 but Male or the Older
Article 42. Civil personality is extinguished by below 60
death. One is under 15 or over Between
60 and the other
between those ages
 Foundations
Applicability of Civil Code on Non-Survivorship
When Personality of Private JP Begins
Article 43 applies when the case involves two or
more persons who are “called to succeed each From the moment a Certificate of Incorporation is
other”. In all other cases, we should apply Rule granted to it.
131.
When is the Certificate of Incorporation issued?
Effect of Presence of Facts
The certificate is issued upon filing the articles of
Article 43 or Rule 131 cannot apply when there are incorporation with the Securities and Exchange
facts, known, or knowable, from which a contrary Commission
conclusion can be inferred.
Piercing the Veil of Corporate Fiction
In such a case, the rule of preponderance of
evidence controls. It should be noted, however, that a corporation
cannot be regarded as possessed of a personality
separate and distinct from its members when to
allow it would be to sanction the use of the fiction
of corporate identity as a shield to further an end
subversive of justice.
Not a Right, but a Privilege
To organize a corporation or a partnership that
could claim a juridical personality of its own and
transact business as such is NOT a matter of
Chapter 3 absolute right but a PRIVILEGE which may be
enjoyed only under such terms as the State may
JURIDICAL PERSONS deem necessary to impose.
Article 44. The following are juridical persons: Partnership, if not registered as a JP; valid
(1) The State and its political subdivisions; A partnership, even if not registered is a juridical
(2) Other corporations, institutions and person, provided that it has been validly
entities for public interest or purpose, constituted. (Art. 1768). However, a limited
created by law; their personality begins as partnership, to be valid as such, must be registered
soon as they have been constituted with the Securities and Exchange Commission.
according to law; The Church
(3) Corporations, partnerships and The Roman Catholic Church in the Philippines is a
associations for private interest or purpose person. But it is an entity of person separate and
to which the law grants a juridical distinct from the personality of the Pope of the
personality, separate and distinct from Holy See.
that of each shareholder, partner or
member. Article 45. Juridical persons mentioned in Nos. 1
and 2 of the preceding article are governed by the
Classification of Juridical Persons laws creating or recognizing them.
There are two kinds of Juridical Persons: Private corporations are regulated by laws of
Public JP Private JP general application on the subject.
The state itself Private corporations
Province and city Partnerships
Partnerships and associations for private interest But the Roman Catholic Church in the Philippines
or purpose are governed by the provisions of this can acquire lands. This is true because the Catholic
Code concerning partnerships. Church in any country, lawfully incorporated in said
country, is an entity or person separate and distinct
Determination of Nationality of Juridical Persons
from the personality of the Pope or of the Holy
The nationality of a corporation is generally See.
determined by the place of its incorporation.
Needless to say, however, the Roman Catholics of a
Two exceptions may for certain purposes, be made Parish do not constitute a juridical person, there
to this rule, namely: being no provision of law for their organization as
one.
a. For the grant of the rights in the
Constitution to the operation of public American citizen, under the Parity Amendment,
utilities, and for the acquisition of land and can acquire lands in the Philippines, exploit our
other natural resources, a corporation, even natural resources, and operate public utilities, only
if incorporated here, cannot acquire said if in his particular state in the United States,
rights unless 60% of its capital be Filipinos are granted RECIPROCAL parity rights.
Philippine-owned.
Estoppel
b. During war, we may pierce the veil of
corporate identity, and go to the very  A person who contracts with a
nationality of the controlling stockholders “corporation” cannot later deny its
regardless of where the incorporation had personality.
been made. Thus a German-controlled  But the person who represents himself as
corporation, even if incorporated in the the agent of a non-existent corporation
Philippines, was considered an enemy cannot prevent the person who has been
corporation during the war for the purpose misled from suing the ‘agent’ personally,
of freezing its assets. A contrary rule may since a nonregistered corporation does not
endanger Philippine security. have a juridical personality.
Article 46. Juridical persons may acquire and Article 47. Upon the dissolution of corporations,
possess property of all kinds, as well as incur institutions and other entities for public interest
obligations and bring civil or criminal actions, in or purpose mentioned in No. 2 of article 44, their
conformity with the laws and regulations of their property and other assets shall be disposed of in
organization. pursuance of law or the charter creating them. If
nothing has been specified on this point, the
Rights of Juridical Persons
property and other assets shall be applied to
a. To acquire and possess property of all kinds similar purposes for the benefit of the region,
b. To incur obligations province, city or municipality which during the
c. To bring civil or criminal actions existence of the institution derived the principal
benefits from the same.
May a Corporation Form a Partnership?
What does this Article refer to
No, because the relationship of trust and
confidence which is found in a partnership, is This Article refers to public corporations or
absent in corporations. associations.
Capacity to Acquire Lands Rule if Public Juridical Persons are Dissolved
A religious corporation which is not controlled by How assets are to be distributed:
Filipinos cannot acquire lands, otherwise alien
1. Apply the provisions of the law or charter
religious landholdings in this country would be
creating them
revived.
 2. If there is no such provision, the assets will (2) Those born in the Philippines of foreign
be for the benefit of the place which was parents who, before the adoption of said
already receiving the principal benefits Constitution, had been elected to public
during the existence of the corporation or office in the Philippines;
association
(3) Those whose fathers are citizens of the
How a Corporation Can Exercise Its Powers and Philippines;
Transact Business
(4) Those whose mothers are citizens of
Only through its Board of Directors, Officers, and the Philippines and, upon reaching the age
Agents – when authorized by a board resolution or of majority, elect Philippine citizenship;
its by-laws.
(5) Those who are naturalized in
Effect When a Corporation is a Mere Alter Ego or accordance with law.
Business Conduit of a Person – Separate
Article 49. Naturalization and the loss and
Personality of the Corporation May be Pierced
reacquisition of citizenship of the Philippines are
There must be proof that the corporation is being governed by special laws.
used as a cloak or cover for fraud or illegality, or to
Article 50. For the exercise of civil rights and the
work injustice.
fulfillment of civil obligations, the domicile of
Books and rewards of the corporation are natural persons is the place of their habitual
ordinarily, the best evidence of corporate acts and residence.
proceedings.
Article 51. When the law creating or recognizing
them, or any other provision does not fix the
domicile of juridical persons, the same shall be
understood to be the place where their legal
representation is established or where they
exercise their principal functions.

Title II. CITIZENSHIP AND DOMICILE

FAMILY CODE OF THE PHILIPPINES
Introductory Comments:
Executive Order 209, July 6, 1987
Citizenship Nationality
Political in character Racial or ethnic
relationship. Title I
Status of being a MARRIAGE
citizen, or of owing
allegiance to a certain
state for the privilege Chapter 1
of being under
REQUISITES OF MARRIAGE
protection.
Art. 1. Marriage is a special contract of permanent
union between a man and a woman entered into
Article 48. The following are citizens of the
in accordance with law for the establishment of
Philippines:
conjugal and family life. It is the foundation of the
(1) Those who were citizens of the family and an inviolable social institution whose
Philippines at the time of the adoption of nature, consequences, and incidents are governed
the Constitution of the Philippines; by law and not subject to stipulation, except that
marriage settlements may fix the property (2) A valid marriage license except in the
relations during the marriage within the limits cases provided for in Chapter 2 of this
provided by this Code. Title;
Two Aspects of Marriage (3) A marriage ceremony which takes place
with the appearance of the contracting
a. It is a special contract
parties before the solemnizing officer and
b. It is a status or a relation or an institution.
their personal declaration that they take
Marriage Distinguished from Ordinary Contracts each other as husband and wife in the
presence of not less than two witnesses of
Marriage Ordinary Contract legal age.
Both a contract and a Merely a contract
social institution Essential Requisites Formal Requisites
Generally, stipulations Stipulations are Legal Capacity of the Authority of the
are fixed by law – not generally fixed by the contracting parties solemnizing officer
by the parties parties
(exception: marriage
settlement provisions) Consent freely given in A valid marriage
Can be dissolved only Can be ended by the presence of the license
by death or mutual agreement and solemnizing officer
annulment, not by by other legal causes
mutual agreement A marriage ceremony
which takes place with
the appearance of the
Offer of Marriage contracting parties
The offer of the accused to marry the victim before the solemnizing
establishes his guilt in rape cases. (admission of officer and their
guilt). personal declaration
that they take each
other as husband and
What Affinity Denotes wife in the presence of
not less than two
Affinity – relation that one spouse has to be blood witnesses of legal age
relatives of the other spouse. It is a relationship by ER: Legal Capacity of the Contracting Parties
marriage as a familial relation resulting from
marriage. In the same manner, it is a fictive kinship, Parties must have the necessary age or the
a fiction created by law in connection with the necessary consent of parents in certain cases.
institution of marriage and family relations. There must be no impediment caused by a prior
Art. 2. No marriage shall be valid, unless these existing marriage or by certain relationships by
essential requisites are present: affinity (law) or consanguinity (blood).

(1) Legal capacity of the contracting parties ER: Consent Freely Given
who must be a male and a female; and Consent – refers to the consent of the contracting
(2) Consent freely given in the presence of parties, not parental consent. Parental consent is in
the solemnizing officer. connection with the first requirement, legal
capacity.
Art. 3. The formal requisites of marriage are:
Consent is required because marriage is a contract,
(1) Authority of the solemnizing officer; a voluntary act.
 If there is consent but The marriage is in good faith.
it is vitiated by error, voidable (valid until
fraud, intimidation, annulled)
force… Defect in any of the ER Irregularity in the FR
If there is absolutely no Void Voidable Valid but the party
consent, or when the responsible for the
parties did not intend irregularity shall be
to be bound, as in the civilly, criminally, and
case of a joke or stage administratively liable
play
Examples of these Irregularities
FR: Authority of the Person Solemnizing the 1. Presence of only 1 witness
Marriage 2. Lack of legal age of witness
Even if the solemnizing officer is not authorized, 3. Failure to comply with procedural
the marriage would be valid if either or both requirements under Article 12
parties believed in god faith in his authority to 4. Non-observance of 3-month period under
solemnize the marriage. Article 15
5. Failure to comply with requirements of
FR: Marriage License, Except in a Marriage of notice under Article 17
Exceptional Character
Art. 5. Any male or female of the age of eighteen
What is required is the marriage license, not the years or upwards not under any of the
marriage certificate. The latter is not an essential or impediments mentioned in Articles 37 and 38,
formal requisite; thus, an oral solemnization is may contract marriage.
valid. In fact, a marriage may be proved by oral
evidence. Art. 6. No prescribed form or religious rite for the
solemnization of the marriage is required. It shall
FR: Marriage Ceremony be necessary, however, for the contracting parties
to appear personally before the solemnizing
This must be made in the presence of not less than
officer and declare in the presence of not less than
two witnesses of legal age.
two witnesses of legal age that they take each
other as husband and wife. This declaration shall
be contained in the marriage certificate which
shall be signed by the contracting parties and their
Art. 4. The absence of any of the essential or witnesses and attested by the solemnizing officer.
formal requisites shall render the marriage void
In case of a marriage in articulo mortis, when the
ab initio, except as stated in Article 35
party at the point of death is unable to sign the
A defect in any of the essential requisites shall not marriage certificate, it shall be sufficient for one
affect the validity of the marriage but the party or of the witnesses to the marriage to write the
parties responsible for the irregularity shall be name of said party, which fact shall be attested by
civilly, criminally and administratively liable. the solemnizing officer.

Absence of a Requisite Necessity for a Ceremony or Celebration

Essential Requisites Formal Requisites A ceremony is required, although no particular

Without the ER, the Absence of any of the form of it is needed.
marriage is void, FR makes the marriage It must be before a duly authorized person.
except as stated in Art void ab initio, unless
35(2) one or both parties are It need not be written; signs would be sufficient.
Common Law Marriage ship is at sea or the plane is in flight, but also
during stopovers at ports of call.
One where the man and the woman just live
together as husband and wife without getting Rule Re Military Commander
married.
A military commander of a unit who is a
Not valid in the Philippines. commissioned officer, shall likewise have authority
to solemnize marriages in articulo mortis between
Marriage by Proxy
persons within the zone of military operation,
One where the other party is merely represented whether members of the armed forces or civilians.
by a delegate or friend
Rule Re Consular Offi cials
Rules on Marriage by Proxy
Marriage between Filipino citizens abroad may be
a. If performed in the Ph, void because solemnized by a consul-general, consul or vice-
physical presence of both parties is required consul of the Republic of the Philippines. The
under Article 6 issuance of the marriage license and the duties of
b. If performed abroad, whether between the local civil registrar and of the solemnizing
Filipinos or foreigners or mixed, valid here, officer with regard to the celebration of marriage
valid there shall be performed by said consular official.

Effect if One Party is Not Asked Governors, Mayors and Ambassadors Lack
Authority to Solemnize Marriages
Valid, as long as he signed the marriage certificate.
Under the Family Code, governors, mayors, and
Art. 7. Marriage may be solemnized by: ambassadors are not authorized to perform
(1) Any incumbent member of the judiciary within marriages. (Inclusio unius est exclusio alterius —
the court's jurisdiction; What the law does not include, it excludes.) A
village elder cannot likewise celebrate a marriage.
(2) Any priest, rabbi, imam, or minister of any
church or religious sect duly authorized by his Under the Local Government Code, however,
church or religious sect and registered with the mayors are now authorized to perform marriages
civil registrar general, acting within the limits of within their jurisdiction.
the written authority granted by his church or
religious sect and provided that at least one of the
contracting parties belongs to the solemnizing Burden of Proof
officer's church or religious sect;
Proved by the person petitioning.
(3) Any ship captain or airplane chief only in the
Article. 8. The marriage shall be solemnized
case mentioned in Article 31;
publicly in the chambers of the judge or in open
(4) Any military commander of a unit to which a court, in the church, chapel or temple, or in the
chaplain is assigned, in the absence of the latter, office the consul-general, consul or vice-consul, as
during a military operation, likewise only in the the case may be, and not elsewhere, except in
cases mentioned in Article 32; cases of marriages contracted on the point of
death or in remote places in accordance with
(5) Any consul-general, consul or vice-consul in Article 29 of this Code, or where both of the
the case provided in Article 10. parties request the solemnizing officer in writing
Rule Re Ship Captain or Airplane Chief in which case the marriage may be solemnized at
a house or place designated by them in a sworn
A marriage in articulo mortis between passengers statement to that effect.
or crew members may also be solemnized by a ship
captain or by an airplane pilot not only while the Reason for Public Solemnization
The State takes an active interest in the marriage. Religious Ratification
Instances Where Public Solemnization is Not Religious ratification of a valid marriage does not
Needed require a marriage license.
Public solemnization is needed except: Art. 10. Marriages between Filipino citizens
abroad may be solemnized by a consul-general,
(a) Marriages in chambers of the Justice or
consul or vice-consul of the Republic of the
Judge.
Philippines. The issuance of the marriage license
(b) In marriages in articulo mortis. and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration
(c) In marriages in a remote place. of marriage shall be performed by said consular
(d) When both of the parties request in official.
writing for solemnization in some other If Performed Abroad
place. The place must be designated in a
sworn statement. Whenever a marriage between Filipino citizens is
performed abroad by the Filipino consular official,
Survival the provisions on marriage found under the Family
Marriage subsists even if the party who was at the Code shall apply, as if the marriage is performed in
point of death survives. the Philippines.

Art. 9. A marriage license shall be issued by the The consular official of the Philippines abroad shall
local civil registrar of the city or municipality discharge the duties of the LCR and of the
where either contracting party habitually resides, Solemnizing Official.
except in marriages where no license is required Art. 11. Where a marriage license is required, each
in accordance with Chapter 2 of this Title. of the contracting parties shall file separately a
Where Marriage License Should Be Issued sworn application for such license with the proper
local civil registrar which shall specify the
By the local civil registrar of the municipality where following:
EITHER contracting party habitually resides. (But if
this requirement as to the place of issuance is not (1) Full name of the contracting party;
complied with, the marriage would still be valid, (2) Place of birth;
provided all the other requisites are present.)
(3) Age and date of birth;
The solemnizing officer does not have to
investigate whether or not the license had been (4) Civil status;
properly issued.
(5) If previously married, how, when and where
Marriages of Exceptional Character (No Marriage the previous marriage was dissolved or annulled;
License is Required)
(6) Present residence and citizenship;
1. In articulo mortis (Art. 27).
(7) Degree of relationship of the contracting
2. In a remote place (Art. 28).
parties;
3. Marriage of people who have previously
cohabited for at least 5 years. (Art. 34). (8) Full name, residence and citizenship of the
(Ratification of marital cohabitation) father;
4. Marriages between pagans or
(9) Full name, residence and citizenship of the
Mohammedans, who live in non-Christian
mother; and
provinces, and who are married in
accordance with their customs. (Art. 33). (10) Full name, residence and citizenship of the
guardian or person having charge, in case the
contracting party has neither father nor mother registrar shall, by merely looking at the applicants
and is under the age of twenty-one years. upon their personally appearing before him, be
convinced that either or both of them have the
The applicants, their parents or guardians shall
required age.
not be required to exhibit their residence
certificates in any formality in connection with the Art. 13. In case either of the contracting parties
securing of the marriage license. (59a) has been previously married, the applicant shall
be required to furnish, instead of the birth or
Art. 12. The local civil registrar, upon receiving
baptismal certificate required in the last preceding
such application, shall require the presentation of
article, the death certificate of the deceased
the original birth certificates or, in default thereof,
spouse or the judicial decree of the absolute
the baptismal certificates of the contracting
divorce, or the judicial decree of annulment or
parties or copies of such documents duly attested
declaration of nullity of his or her previous
by the persons having custody of the originals.
marriage.
These certificates or certified copies of the
documents by this Article need not be sworn to In case the death certificate cannot be secured,
and shall be exempt from the documentary stamp the party shall make an affidavit setting forth this
tax. The signature and official title of the person circumstance and his or her actual civil status and
issuing the certificate shall be sufficient proof of the name and date of death of the deceased
its authenticity. spouse.
If either of the contracting parties is unable to Art. 14. In case either or both of the contracting
produce his birth or baptismal certificate or a parties, not having been emancipated by a
certified copy of either because of the destruction previous marriage, are between the ages of
or loss of the original or if it is shown by an eighteen and twenty-one, they shall, in addition
affidavit of such party or of any other person that to the requirements of the preceding articles,
such birth or baptismal certificate has not yet exhibit to the local civil registrar, the consent to
been received though the same has been required their marriage of their father, mother, surviving
of the person having custody thereof at least parent or guardian, or persons having legal charge
fifteen days prior to the date of the application, of them, in the order mentioned. Such consent
such party may furnish in lieu thereof his current shall be manifested in writing by the interested
residence certificate or an instrument drawn up party, who personally appears before the proper
and sworn to before the local civil registrar local civil registrar, or in the form of an affidavit
concerned or any public official authorized to made in the presence of two witnesses and
administer oaths. Such instrument shall contain attested before any official authorized by law to
the sworn declaration of two witnesses of lawful administer oaths. The personal manifestation
age, setting forth the full name, residence and shall be recorded in both applications for
citizenship of such contracting party and of his or marriage license, and the affidavit, if one is
her parents, if known, and the place and date of executed instead, shall be attached to said
birth of such party. The nearest of kin of the applications.
contracting parties shall be preferred as
Without Consent
witnesses, or, in their default, persons of good
reputation in the province or the locality.  Marriage is voidable
The presentation of birth or baptismal certificate Art. 15. Any contracting party between the age of
shall not be required if the parents of the twenty-one and twenty-five shall be obliged to
contracting parties appear personally before the ask their parents or guardian for advice upon the
local civil registrar concerned and swear to the intended marriage. If they do not obtain such
correctness of the lawful age of said parties, as advice, or if it be unfavorable, the marriage
stated in the application, or when the local civil license shall not be issued till after three months
following the completion of the publication of the Art. 17. The local civil registrar shall prepare a
application therefor. A sworn statement by the notice which shall contain the full names and
contracting parties to the effect that such advice residences of the applicants for a marriage license
has been sought, together with the written advice and other data given in the applications. The
given, if any, shall be attached to the application notice shall be posted for ten consecutive days on
for marriage license. Should the parents or a bulletin board outside the office of the local civil
guardian refuse to give any advice, this fact shall registrar located in a conspicous place within the
be stated in the sworn statement. building and accessible to the general public. This
notice shall request all persons having knowledge
Effect of Parent’s Refusal or If Advice is
of any impediment to the marriage to advise the
Unfavorable
local civil registrar thereof. The marriage license
If the parents refuse to give the advice and the fact shall be issued after the completion of the period
is stated in a sworn statement with the Civil of publication.
Registrar, a marriage would still be possible under
Ministerial Duty
the conditions set forth in the Article. The same
rule applies if the advice is unfavorable. The LCR shall issue the ML and just note that there
is a legal impediment, if ever.
Advice
Required 10-Day Publication
Under Article 15, advice is required.
Notice in the bulletin board (outside the office of
Art. 16. In the cases where parental consent or
the LCR) conspicuously located and accessible to
parental advice is needed, the party or parties
the public.
concerned shall, in addition to the requirements
of the preceding articles, attach a certificate Art. 18. In case of any impediment known to the
issued by a priest, imam or minister authorized to local civil registrar or brought to his attention, he
solemnize marriage under Article 7 of this Code or shall note down the particulars thereof and his
a marriage counsellor duly accredited by the findings thereon in the application for marriage
proper government agency to the effect that the license, but shall nonetheless issue said license
contracting parties have undergone marriage after the completion of the period of publication,
counselling. Failure to attach said certificates of unless ordered otherwise by a competent court at
marriage counselling shall suspend the issuance of his own instance or that of any interest party. No
the marriage license for a period of three months filing fee shall be charged for the petition nor a
from the completion of the publication of the corresponding bond required for the issuances of
application. Issuance of the marriage license the order.
within the prohibited period shall subject the
Notice to Civil Registrar of Any Impediment to
issuing officer to administrative sanctions but
Marriage
shall not affect the validity of the marriage.
Notice made to the local civil registrar of any
Should only one of the contracting parties need
impediment to the marriage shall not prevent the
parental consent or parental advice, the other
issuance of the marriage license after the 10-day
party must be present at the counselling referred
publication unless otherwise ordered by a
to in the preceding paragraph.
competent court upon petition of the civil registrar
Marriage Counselling Now a Requirement at his own instance or that of any interested party.
As a requirement, marriage counselling is implicitly Art. 19. The local civil registrar shall require the
done by a priest, inam or minister, or a duly payment of the fees prescribed by law or
accredited marriage counselor (psychologist or a regulations before the issuance of the marriage
psychiatrist) license. No other sum shall be collected in the
nature of a fee or tax of any kind for the issuance
of said license. It shall, however, be issued free of Where EITHER or BOTH are citizens or subjects of a
charge to indigent parties, that is those who have foreign country.
no visible means of income or whose income is
Certificate of Legal Capacity Required for
insufficient for their subsistence a fact established
Foreigners
by their affidavit, or by their oath before the local
civil registrar. In general, capacity of foreigners to contract
marriage in the Philippines is subject to their
Indigent Parties Are the Only Ones Exempt From
personal law (that is, their national law, as a rule);
Fees on Issuance of Marriage License
thus, they are required under this Article to obtain
Reason: They have no visible means of income or a certificate of legal capacity.
whose income is insufficient for their subsistence, a
Who Can Issue the Certificate of Legal Capacity
fact established thru an affidavit or oath made
before the local civil registrar. The certificate of legal capacity should be issued by
the proper diplomatic or consular officials.
Art. 20. The license shall be valid in any part of the
Philippines for a period of one hundred twenty Diplomatic Officials Consular Officials
days from the date of issue, and shall be deemed (a) Ambassador (a) Consul-general
automatically cancelled at the expiration of the
said period if the contracting parties have not (b) Minister (b) Consul
made use of it. The expiry date shall be stamped plenipotentiary and
(c) Vice-consul
in bold characters on the face of every license envoy extraordinary
issued. (d) Consular agent
(c) Resident minister
Life of a Marriage License (d) Charge d’affaires (in
The life of a marriage license subsists for 120 days charge of affairs)
from date of issue and with the expiry date
stamped in bold character on the face of every
license. Art. 22. The marriage certificate, in which the
parties shall declare that they take each other as
Note that under Art. 350 of the Revised Penal husband and wife, shall also state:
Code, any (solemnizing) officer who solemnizes a
marriage as well as the parties thereto after the (1) The full name, sex and age of each contracting
license had expired may be held criminally liable. party;
(2) Their citizenship, religion and habitual
residence;
(3) The date and precise time of the celebration of
Art. 21. When either or both of the contracting the marriage;
parties are citizens of a foreign country, it shall be
necessary for them before a marriage license can (4) That the proper marriage license has been
be obtained, to submit a certificate of legal issued according to law, except in marriage
capacity to contract marriage, issued by their provided for in Chapter 2 of this Title;
respective diplomatic or consular officials. (5) That either or both of the contracting parties
Stateless persons or refugees from other have secured the parental consent in appropriate
countries shall, in lieu of the certificate of legal cases;
capacity herein required, submit an affidavit (6) That either or both of the contracting parties
stating the circumstances showing such capacity have complied with the legal requirement
to contract marriage. regarding parental advice in appropriate cases;
When does Article 21 Applies and
(7) That the parties have entered into marriage Four copies of the marriage contract (certificate)
settlement, if any, attaching a copy thereof. must be made, as follows:
The Marriage Certificate; Best Documentary 1. One for the contracting parties
Evidence 2. Two for the local civil registrar (who must
receive it within 15 days after the
It is not an essential requisite of marriage.
celebration); and
The best documentary evidence of a marriage is 3. One for the person solemnizing.
the marriage contract, or the marriage certificate.
When No One Receives a Copy
Thus, an oral solemnization of the marriage is
The marriage will still be valid.
sufficient.
Art. 24. It shall be the duty of the local civil
Failure to Sign the Marriage Contract
registrar to prepare the documents required by
Does not invalidate the marriage this Title, and to administer oaths to all interested
parties without any charge in both cases. The
Notarized documents and affidavits filed in connection with
The marriage contract being notarized, the applications for marriage licenses shall be exempt
document now carries the evidentiary weight from documentary stamp tax.
conferred upon it with respect to its due executive, Free Documents
and documents acknowledged before a notary
public have in their favor the presumption of The preparation of documents and the
regulating. administration of oaths shall be done FREE.

The Certificate Distinguished from the License Exemption from the Documentary Stamp Tax

Marriage Certificate Marriage License DST is not required.

Not an essential req An essential req Art. 25. The local civil registrar concerned shall
enter all applications for marriage licenses filed
Art. 23. It shall be the duty of the person with him in a registry book strictly in the order in
solemnizing the marriage to furnish either of the which the same are received. He shall record in
contracting parties the original of the marriage said book the names of the applicants, the date
certificate referred to in Article 6 and to send the on which the marriage license was issued, and
duplicate and triplicate copies of the certificate such other data as may be necessary.
not later than fifteen days after the marriage, to
Recording of Applications for the Marriage License
the local civil registrar of the place where the
marriage was solemnized. Proper receipts shall be a. The entries must be chronological
issued by the local civil registrar to the b. Pertinent data must be recorded
solemnizing officer transmitting copies of the
Art. 26. All marriages solemnized outside the
marriage certificate. The solemnizing officer shall
Philippines, in accordance with the laws in force in
retain in his file the quadruplicate copy of the
the country where they were solemnized, and
marriage certificate, the copy of the marriage
valid there as such, shall also be valid in this
certificate, the original of the marriage license
country, except those prohibited under Articles 35
and, in proper cases, the affidavit of the
(1), (4), (5) and (6), 3637 and 38. (17a)
contracting party regarding the solemnization of
the marriage in place other than those mentioned Where a marriage between a Filipino citizen and a
in Article 8. foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien
Copies of the Marriage Certificate
spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry
under Philippine law. (As amended by Executive
Order 227)
Art. 38. The following marriages shall be void from
General Rule for Validity of Marriages Celebrated the beginning for reasons of public policy:
Abroad
(1) Between collateral blood relatives, whether
If valid where celebrated, it is also valid here. (Lex legitimate or illegitimate, up to the fourth civil
loci celebrationis) degree;
The Exceptions (2) Between step-parents and step-children;
Those prohibited under Arts. 35 (1, 4, 5 and 6), 36, (3) Between parents-in-law and children-in-law;
37 and 38 of the Family Code.
(4) Between the adopting parent and the adopted
Art. 35. The following marriages shall be void from child;
the beginning:
(5) Between the surviving spouse of the adopting
(1) Those contracted by any party below eighteen parent and the adopted child;
years of age even with the consent of parents or
(6) Between the surviving spouse of the adopted
guardians;
child and the adopter;
xxxxxxxxx
(7) Between an adopted child and a legitimate child
(4) Those bigamous or polygamous marriages not of the adopter;
falling under Article 41;
(8) Between adopted children of the same adopter;
(5) Those contracted through mistake of one
(9) Between parties where one, with the intention
contracting party as to the identity of the other;
to marry the other, killed that other person’s
and
spouse, or his or her own spouse.
(6) Those subsequent marriages that are void
Rule for Void or Voidable Foreign Marriages
under
Valid there, valid here. Void there, void here.
Article 53.
Requirement to Prove a Foreign Marriage
1. The existence of the pertinent provision of
Art. 36. A marriage contracted by any party who, at
the foreign marriage law.
the time of the celebration, was psychologically
2. The celebration or performance of the
incapacitated to comply with the essential marital
marriage in accordance with said law.
obligations of marriage, shall likewise be void even
if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order
227, dated July 17, 1987)
Art. 37. Marriages between the following are
incestuous and void from the beginning, whether Foreign Law; Proved as a Fact
the relationship between the parties be legitimate
or illegitimate: Needless to say, the foreign law is not of judicial
notice, and it must therefore be proved as a fact.
(1) Between ascendants and descendants of any Hence, if there is no competent testimony on what
degree; and said law is, the court cannot be convinced morally
(2) Between brothers and sisters, whether of the of the existence of such a marriage.
full or half-blood. Problem Involving Polygamous Marriages
If Polygamous Marriages are valid abroad, only the Valid, provided, that all the essential requisites are
first marriage would be considered valid in the present. It is clear that the parties concerned must
Philippines. be conscious of what they are doing.
However, considering the legitimacy of children, all Signature of Dying Party (Witness signs for him)
of the children are to be considered valid.
In a marriage in articulo mortis, while it is possible
Foreign Divorce Obtained by a Foreigner Married that a witness to the marriage should sign the
to a Filipino dying party’s signature if the dying party is unable
to do so, still if upon order of the solemnizing
Where a marriage between a Filipino citizen and a
official, another person should so sign, the
foreigner is validly celebrated and a divorce is
marriage is still valid.
thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Who Can Perform Marriages in Articulo Mortis
Filipino spouse shall have capacity to remarry
 Priests
under Philippine law.
 Ship Captains
Note that the rule does not apply if both parties  Airplane Chiefs
are Filipinos.  Commanding Officers
 Justice, Judge… within their respective
Effect of Divorce of a Marriage Between a Filipino
jurisdictions
and a Foreigner
“Danger of Death” Distinguished from “Point of
If validly obtained by the alien spouse capacitating
Death”
him to remarry, the Filipino shall have the capacity
to remarry under Philippine law. Danger of Death Point of Death
Chapter 2 If a soldier is about to Actually dying.
go to war, he may be in
MARRIAGES EXEMPT FROM THE LICENSE danger of death but
REQUIREMENT not at the point of
death
Art. 27. In case either or both of the contracting
parties are at the point of death, the marriage
may be solemnized without necessity of a Marriage in a Remote Place
marriage license and shall remain valid even if the
ailing party subsequently survives. There is no prescribed distance.

When No New Marriage Ceremony is Needed Art. 29. In the cases provided for in the two
preceding articles, the solemnizing officer shall
A marriage remains valid even without need of a state in an affidavit executed before the local civil
new marriage ceremony if the ailing party survives. registrar or any other person legally authorized to
administer oaths that the marriage was
performed in articulo mortis or that the residence
Art. 28. If the residence of either party is so of either party, specifying the barrio or barangay,
located that there is no means of transportation is so located that there is no means of
to enable such party to appear personally before transportation to enable such party to appear
the local civil registrar, the marriage may be personally before the local civil registrar and that
solemnized without necessity of a marriage the officer took the necessary steps to ascertain
license. the ages and relationship of the contracting
parties and the absence of legal impediment to
Rule if Both Parties are at the Point of Death
the marriage.
Purpose of the Affidavit
Providing the basis for exemption from the 2. Judge or a Consul
marriage license. 3. Military Commander for persons within the
zone of military operation
Failure on the Part of the Solemnizing Officer to
Execute the Affidavit Re: Military Commander
Such irregularity will not invalidate the marriage for a. Must be a commissioned officer
the affidavit is not being required of the parties. b. Marriage may be between civilians
Art. 30. The original of the affidavit required in the Art. 33. Marriages among Muslims or among
last preceding article, together with the legible members of the ethnic cultural communities may
copy of the marriage contract, shall be sent by the be performed validly without the necessity of
person solemnizing the marriage to the local civil marriage license, provided they are solemnized in
registrar of the municipality where it was accordance with their customs, rites or practices.
performed within the period of thirty days after
No Judicial Notice
the performance of the marriage.
No judicial notice can be taken of Mohammedan
Civil Registrar is Given the Original of the Affidavit
rites and customs for marriage. They must be
This is because he keeps the records of marriages alleged and proved in court.
taking place. Thus, the local civil registrar is given
Consistency with the Constitution
the original of the affidavit which takes the place of
a marriage license. Article 33 is consistent with Article 14, Section 17
of the Philippine Constitution.
Failure to Comply
Art. 34. No license shall be necessary for the
Such irregularity will not invalidate the marriage for
marriage of a man and a woman who have lived
the affidavit is not being required of the parties.
together as husband and wife for at least five
Art. 31. A marriage in articulo mortis between years and without any legal impediment to marry
passengers or crew members may also be each other. The contracting parties shall state the
solemnized by a ship captain or by an airplane foregoing facts in an affidavit before any person
pilot not only while the ship is at sea or the plane authorized by law to administer oaths. The
is in flight, but also during stopovers at ports of solemnizing officer shall also state under oath that
call. he ascertained the qualifications of the
contracting parties are found no legal impediment
Comment
to the marriage.
The marriage may be solemnized during stopovers.
Ratification of Marital Cohabitation – Requisites
Art. 32. A military commander of a unit, who is a
1. CP must have lived together as husband
commissioned officer, shall likewise have
and wife for at least 5 years before the
authority to solemnize marriages in articulo
marriage they are entering into.
mortis between persons within the zone of
2. No legal impediment of any kind must exist
military operation, whether members of the
between them.
armed forces or civilians.
3. Requirement (a), (b), and (c) must be stated
in an affidavit before any person authorized
by law to administer oath.
4. The necessary affidavit of the person
Special Cases of Marriages in Articulo Mortis solemnizing the marriage.

1. The ship captain/airplane pilot for Reason for the Article

passengers of crew members.
The publicity attending the marriage license may Art. 35. The following marriages shall be void from
discourage such persons from legalizing their the beginning:
status.
(1) Those contracted by any party below eighteen
Chapter 3 years of age even with the consent of parents or
guardians;
VOID AND VOIDABLE MARRIAGES
(2) Those solemnized by any person not legally
Distinctions between a Void and Voidable Marriage
authorized to perform marriages unless such
Void Voidable marriages were contracted with either or both
Can never be ratified Can generally be parties believing in good faith that the
ratified by free solemnizing officer had the legal authority to do
cohabitation so;
(3) Those solemnized without license, except
Always void Valid until annulled those covered the preceding Chapter;

Can be attacked Cannot be assailed (4) Those bigamous or polygamous marriages not
directly or collaterally collaterally, there must failing under Article 41;
be a direct proceeding (5) Those contracted through mistake of one
contracting party as to the identity of the other;
There is no conjugal There is a conjugal and
partnership (only a co- partnership
ownership) (6) Those subsequent marriages that are void
under Article 53.
Can a Void Marriage be a source of rights?
Two Kinds of Impediments in Marriage
No. In a void marriage, it was though no marriage
Diriment Impediments Prohibitive Impdiment has taken place, thus, it cannot be the source of
They make the They do not affect the rights.
marriage VOID. (close validity of the Art. 36. A marriage contracted by any party who,
blood relationship or marriage, but criminal at the time of the celebration, was psychologically
prior existing marriage) prosecution may incapacitated to comply with the essential marital
follow. obligations of marriage, shall likewise be void
even if such incapacity becomes manifest only
after its solemnization. (As amended by Executive
Another Classification of the Impediments Order 227)

Absolute Relative “Psychological Incapacity” as a Ground to Render

The person cannot The prohibition is only the Marriage Void
marry at all. (below 18) with respect to certain The “psychological incapacity” to comply with the
persons (brother- essential marital obligations of marriage is a
sister) ground that will render the marriage void.
When Manifested
This incapacity need not necessarily be manifested
before or during the marriage although it is a basic
requirement that the psychological defect be
existing during the marriage.
 must be resolved in favor of the existence of the
marriage and against its nullity.
Essential Marital Obligations
(b) The root cause of the psychological incapacity
Those set forth in Article 68 which provides that
must be: (1) medically or clinically identified; (2)
“the husband and wife are obliged to live together,
alleged in the complaint; (3) sufficiently proven by
observe mutual love, respect and fidelity, and
experts; and (4) clearly explained in the decision.
render mutual help and support.
(c) The incapacity must be proven to be existing at
The Concept of “Psychological Incapacity”
“the time of the celebration of the marriage,’’
Psychological Incapacity – the condition of a although the manifestation need not be
person who does not have the mind, will, and heart perceivable at such time.
for the performance of marriage obligations. The
(d) The incapacity must also be shown to be
incapacity must be a lasting condition (the signs are
medically or clinically permanent or incurable,
clear the subject will not rid of his incapacity)
although the incurability may be relative only in
However, the incapacity must already be a regard to the other spouse, not necessarily
condition in the subject at the time of the wedding, absolutely against every one of the same sex.
although its manifestation or detection would Furthermore, the incapacity must be relevant to
occur later. the assumption of marriage obligations, not to
those not related to marriage like the exercise of a
It does not refer to mental incapacity tantamount profession or employment in a job.
to insanity (which merely renders the marriage
voidable) (e) Such illness must be grave enough to bring
about the disability of the party to assume the
The Existence of Psychological Incapacity Depends essential obligations of marriage.
on the Facts of the Case
(f) The essential marital obligations must be those
Psychological Incapacity to be a ground for nullity embraced by Arts. 68-71 of the Family Code as
of marriage refers to a serious psychological illness regards husband and wife, and Arts. 220-225, same
affecting a party even before the celebration of the Code, in regard to parents and their children. Such
marriage. non-compliance must also be stated in the petition,
When Court found that there is no Psychological proven by evidence, and included in the text of the
Incapacity decision.

Sexual infidelity, abandonment, lack of support are (g) Interpretations given by the National Appellate
not rooted on some debilitating psychological Matrimonial Tribunal of the Catholic Church in the
condition but a mere refusal or unwillingness to Philippines, while not controlling, should be given
assume the essential obligations of marriage. great respect by our courts.

It is not enough to prove that the parties failed to (h) The trial court must order the fi scal and the
meet their responsibilities and duties as married Solicitor-General to appear as counsel for the
persons; it is essential that they must be shown to State. No decision shall be handed down unless the
be incapable of doing so due to some Solicitor General issues a certification, which will be
psychological, not physical illness. quoted in the decision, briefly stating his reasons
for his agreement or opposition to the petition. The
Republic v. Molina GR 108763 (1997) Solicitor General and the fiscal shall submit such
Laid down herein below are specific guidelines in certification to the court within fifteen (15) days
interpreting and applying Art. 36, to wit: from the date the case is submitted for resolution.

(a) The burden of proof to show the nullity of the Effect of the Rule “Expert Opinion Need Not Be
marriage belongs to the plaintiff, and any doubt Alleged
There is also no need to allege the root cause of (2) Between brothers and sisters, whether of the
the psychological incapacity — only experts in the full or half blood.
fields of neurological and behavioral sciences are
competent to determine the root cause of
psychological incapacity. How Degrees of Generation are Computed
“Psychological Incapacity” Re-examined (a) In the direct line, count ALL who are included,
then minus one. Herein, a granddaughter is two
“Psychological incapacity” should refer to no less
degrees away from the grandfather (GF-F GD=3-
than a mental (not physical) incapacity that causes
1=2 degrees).
a party to be truly cognitive of the basic marital
covenants that concomitantly must be assumed (b) In the collateral line — go up to the nearest
and discharged by the parties to the marriage common ancestor, then go down minus one.
which include their mutual obligations to live (Hence, brothers are 2 degrees apart [13,-F-B2 = 3-
together, observe love, respect, fidelity, and to 1=2].)
render help and support.
Art. 38. The following marriages shall be void from
While it is no longer necessary to allege expert the beginning for reasons of public policy:
opinion in a petition under Art. 36 of the Family
Code, such psychological incapacity must be (1) Between collateral blood relatives whether
established by the TOTALITY OF THE EVIDENCE legitimate or illegitimate, up to the fourth civil
presented during the trial. degree;

Judge Should not Substitute his Own Assessment (2) Between step-parents and step-children;

A judge should not substitute his own psychological (3) Between parents-in-law and children-in-law;
assessment of the parties for that of the (4) Between the adopting parent and the adopted
psychologist or the psychiatrist. child;
Requirements to Constitute Psychological (5) Between the surviving spouse of the adopting
Incapacity parent and the adopted child;
1. Gravity – it must grave and serious such (6) Between the surviving spouse of the adopted
that the party would be incapable of child and the adopter;
carrying out the ordinary duties required in
a marriage (7) Between an adopted child and a legitimate
2. Juridical Antecedence – it must be rooted in child of the adopter;
the history of the party antedating the (8) Between adopted children of the same
marriage, although the overt manifestations adopter; and
may emerge only after the marriage
3. Incurability – it must be incurable, or even if (9) Between parties where one, with the intention
it were otherwise, the cure would be to marry the other, killed that other person's
beyond the means of the party spouse, or his or her own spouse.

Art. 37. Marriages between the following are Other Void Marriages
incestuous and void from the beginning, whether a. Marriages in a play, drama, or movie
relationship between the parties be legitimate or b. Marriages between 2 boys and 2 girls
illegitimate: c. Marriages in jest
(1) Between ascendants and descendants of any When Second Marriage is Not Bigamous
degree; and
When a married man contracted a 2 nd marriage but
the marriage license was issued a day after the
second marriage. A marriage license is an essential Answer: No, because the adopter (M)
requirement of marriage. Since there was no cannot marry the surviving spouse of the
marriage license, the 2nd marriage was null and adopted child (B).
void. Thus, the second marriage is not bigamous.
Bigamous Marriages
Art. 39. The action or defense for the declaration
Example: A girl married a man who, unknown to of absolute nullity shall not prescribe. However, in
her, was already married to another, who was still case of marriage celebrated before the effectivity
alive. Is the marriage valid or void? of this Code and falling under Article 36, such
Answer: The marriage is VOID and BIGAMOUS, the action or defense shall prescribe in ten years after
good faith of the girl being immaterial. this Code shall taken effect. (As amended by
Executive Order 227)
Incestuous Marriage
Purpose
Example: A person cannot marry his sister, or his
grandmother. There is need to declare a void marriage as void or
invalid.
Reason for the law: Contrary to public policy.
Art. 40. The absolute nullity of a previous
Stepbrothers, etc. marriage may be invoked for purposes of
Example: A woman with a child G got married to a remarriage on the basis solely of a final judgment
man with a child, B. May G and B get validly declaring such previous marriage void.
married to each other? What the Article Provides
Answer: Yes, because although they are considered A void marriage must first be declared void for
as stepbrother and stepsister of each other, still purposes of REMARRIAGE.
such a marriage, while prohibited under the Civil
Code, is now allowed under the Family Code. Void Marriage still Need Judicial Declaration

Example: M marries W, who has a daughter D. For the purposes of remarriage.

When W dies, may M marry D? Art. 41. A marriage contracted by any person
Answer: No, because he is her stepfather. during subsistence of a previous marriage shall be
null and void, unless before the celebration of the
Question: G marries B. May G’s mother marry B’s subsequent marriage, the prior spouse had been
father? absent for four consecutive years and the spouse
Answer: Yes, because the law provides no present has a well-founded belief that the absent
impediment for them, assuming that all other spouse was already dead. In case of
requisites are present. disappearance where there is danger of death
under the circumstances set forth in the
Effect of Adoption provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
(a) M adopts G. They cannot marry.
(b) M adopts B, a boy. Later, M marries W. For the purpose of contracting the subsequent
Subsequently, M dies. May B marry W? marriage under the preceding paragraph the
Answer: No, because the adopted child (B) spouse present must institute a summary
cannot marry the surviving spouse of the proceeding as provided in this Code for the
adopter (M). declaration of presumptive death of the absentee,
(c) M adopts B, a boy. Later, B marries G. without prejudice to the effect of reappearance of
the absent spouse.
Subsequently, B dies. May M marry G?
General Rule
A marriage contracted by any person during dissolved and liquidated, but if either spouse
subsistence of a previous marriage shall be null and contracted said marriage in bad faith, his or her
void. share of the net profits of the community
property or conjugal partnership property shall be
forfeited in favor of the common children or, if
Exceptions there are none, the children of the guilty spouse
by a previous marriage or in default of children,
1. Before the celebration of the subsequent the innocent spouse;
marriage:
a. The prior spouse had been absent (3) Donations by reason of marriage shall remain
for four consecutive years valid, except that if the donee contracted the
b. The spouse present has a well- marriage in bad faith, such donations made to
founded belief that the absent said donee are revoked by operation of law;
spouse was already dead.
(4) The innocent spouse may revoke the
2. In case of disappearance where there is
designation of the other spouse who acted in bad
danger of death under the circumstances
faith as beneficiary in any insurance policy, even if
set forth in the provisions of Article 391 of
such designation be stipulated as irrevocable; and
the Civil Code, an absence of only two years
shall be sufficient. (5) The spouse who contracted the subsequent
marriage in bad faith shall be disqualified to
Art. 42. The subsequent marriage referred to in
inherit from the innocent spouse by testate and
the preceding Article shall be automatically
intestate succession.
terminated by the recording of the affidavit of
reappearance of the absent spouse, unless there “Net Profits” Defined
is a judgment annulling the previous marriage or
Net Profits – refers to the increase in value
declaring it void ab initio.
between the market value of the community
A sworn statement of the fact and circumstances property at the time of the celebration of the
of reappearance shall be recorded in the civil marriage and the market value at the time of its
registry of the residence of the parties to the dissolution.
subsequent marriage at the instance of any
It does not refer to the capital contributed by each
interested person, with due notice to the spouses
spouse who retains his right thereto regardless of
of the subsequent marriage and without prejudice
bad/good faith.
to the fact of reappearance being judicially
determined in case such fact is disputed. Art. 44. If both spouses of the subsequent
marriage acted in bad faith, said marriage shall be
Elements
void ab initio and all donations by reason of
1. The subsequent marriage under Article 41 marriage and testamentary dispositions made by
2. A sworn statement of the fact and one in favor of the other are revoked by operation
circumstances of reappearance. of law.
Art. 43. The termination of the subsequent Another Instance of a Void Marriage
marriage referred to in the preceding Article shall
When both spouses in the subsequent marriage act
produce the following effects:
in bad faith.
(1) The children of the subsequent marriage
Art. 45. A marriage may be annulled for any of the
conceived prior to its termination shall be
following causes, existing at the time of the
considered legitimate;
marriage:
(2) The absolute community of property or the
(1) That the party in whose behalf it is sought to
conjugal partnership, as the case may be, shall be
have the marriage annulled was eighteen years of
age or over but below twenty-one, and the May the parents ratify? No, for this is not provided
marriage was solemnized without the consent of for under the law. Had this been an ordinary
the parents, guardian or person having substitute contract, and not a social institution, the answer
parental authority over the party, in that order, would have been different.
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 Unsoundness of Mind
such party after coming to reason, freely
cohabited with the other as husband and wife; The parties must possess the mental capacity the
law requires for the making of a will.
(3) That the consent of either party was obtained
by fraud, unless such party afterwards, with full Test to Determine Unsoundness of Mind
knowledge of the facts constituting the fraud, The true test is whether the party concerned could
freely cohabited with the other as husband and intelligently consent; that is, that he knew what
wife; contract he was entering into.
(4) That the consent of either party was obtained Intoxication
by force, intimidation or undue influence, unless
the same having disappeared or ceased, such Intoxication which results in lack of mental capacity
party thereafter freely cohabited with the other to give consent is equivalent to unsoundness of
as husband and wife; mind. So is somnambulism at the time of the
wedding. Akin is unsoundness of mind due to drug
(5) That either party was physically incapable of addiction
consummating the marriage with the other, and
such incapacity continues and appears to be Fraud
incurable; or When is there Fraud
(6) That either party was afflicted with a sexually- There is fraud when, thru insidious words or
transmissible disease found to be serious and machinations of one of the contracting parties, the
appears to be incurable. other is induced to enter into a contract which,
Grounds for the Annulment of a Marriage without them, he would not have agreed to.

They must exist at the time of the celebration of Fraud in Marriage Contract
the marriage. But in marriage contracts, not all kinds of fraud
Key Words for the Causes make the marriage voidable. The fraud in marriage
must be one of those enumerated in Art. 46.
1. Non- age (below 18)
2. Unsoundness of Mind How Ratified
3. Fraud Free cohabitation after full knowledge of the facts
4. Force, intimidation, or undue influence constituting the fraud.
5. Impotence
6. STDs (if incurable) Force, Intimidation or Undue Influence

Non-age 1. Force or Violence — “There is violence

when in order to wrest consent, serious or
Example: irresistible force is employed.’’
A 20-year-old boy married a 22-year-old girl. No 2. Intimidation — “There is intimidation when
parental consent was obtained by the man. The one of the contracting parties is compelled
marriage is VOIDABLE. by a reasonable and well grounded fear of
 an imminent and grave evil upon his In general, free and voluntary cohabitation ratifies
person or property, or upon the person or the voidable marriage. The period need not be
property of his spouse, descendants, or long.
ascendants, to give his consent.’’
However, the cohabitation “must be something
3. Undue influence — control over one’s will.
more than mere living together in the same house
or even occupying the same bed; it is the living
together of the parties as husband and wife,
including sexual relations.”
Impotence or Physical Incapacity
Impotence (impotentia copulandi) – refers to lack
Distinction Between Annulment & Legal Separation
of power of copulation and not to mere sterility
(impotentia generandi). Although impotency Annulment Legal Separation
carries with it sterility, a sterile person is not Marriage was defective No defect at the
necessarily impotent. at the very beginning beginning
The case must be The cause arises after
Impotency is a ground to annul marriage because if
already existing at the the marriage
known to the impotent person, a grievous fraud
time of the marriage celebrations
and injury has been committed; and if unknown,
There are 6 grounds There are 10 grounds
there is a violation of an implied warranty.
Dissolves the marriages The marriage remains
Test to Determine Impotency bonds; free to marry
again
The test is not the capacity to reproduce, but the
Lex loci celebrationis National law
capacity to copulate.
Impotency Sterility
Art. 46. Any of the following circumstances shall
The inability to Inability to procreate
constitute fraud referred to in Number 3 of the
perform the sexual act
preceding Article:
(1) Non-disclosure of a previous conviction by final
Doctrine of Triennial Cohabitation
judgment of the other party of a crime involving
In England and some courts of the US, if the wife moral turpitude;
still remains a virgin after living together with her
(2) Concealment by the wife of the fact that at the
husband for 3 years, the presumption is that the
time of the marriage, she was pregnant by a man
husband is impotent, and he will have to overcome
other than her husband;
this presumption.
(3) Concealment of sexually transmissible disease,
Sexually-Transmitted Diseases
regardless of its nature, existing at the time of the
These would include: marriage; or
 AIDS (4) Concealment of drug addiction, habitual
 Herpes alcoholism or homosexuality or lesbianism
 Syphilis existing at the time of the marriage.
 Gonorrhea No other misrepresentation or deceit as to
 Hepatitis character, health, rank, fortune or chastity shall
Provided, they are serious. constitute such fraud as will give grounds for
action for the annulment of marriage.
How Voidable Marriages May be Ratified
Art. 47. The action for annulment of marriage other’s insanity
must be filed by the following persons and within
the periods indicated herein: 2. His relatives or
guardians
(1) For causes mentioned in number 1 of Article 45
by the party whose parent or guardian did not
Period: at any time
give his or her consent, within five years after
before the death of
attaining the age of twenty-one, or by the parent
either party
or guardian or person having legal charge of the
Fraud Person: injured party
minor, at any time before such party has reached
Period: within 5 years
the age of twenty-one;
after the discovery
(2) For causes mentioned in number 2 of Article F/I/UI Person: injured party
45, by the same spouse, who had no knowledge of Period: within 5 years
the other's insanity; or by any relative or guardian from the time F/I/UI
or person having legal charge of the insane, at any ceased
time before the death of either party, or by the Impotence Person: injured party
insane spouse during a lucid interval or after Period: within 5 years
regaining sanity; after the celebration of
the marriage
(3) For causes mentioned in number 3 of Articles
STD Person: injured party
45, by the injured party, within five years after the
Period: within 5 years
discovery of the fraud;
after the celebration of
(4) For causes mentioned in number 4 of Article the marriage
45, by the injured party, within five years from the
time the force, intimidation or undue influence
Period for Annulment of Marriage
disappeared or ceased;
In general, the period is 5 years.
(5) For causes mentioned in number 5 and 6 of
Article 45, by the injured party, within five years Art. 48. In all cases of annulment or declaration of
after the marriage. absolute nullity of marriage, the Court shall order
the prosecuting attorney or fiscal assigned to it to
Persons Who May Sue for Annulment of the
appear on behalf of the State to take steps to
Marriage and Prescriptive Periods
prevent collusion between the parties and to take
Non-Age Persons care that evidence is not fabricated or suppressed.
In the cases referred to in the preceding
1. Before party
paragraph, no judgment shall be based upon a
becomes 21 –
stipulation of facts or confession of judgment.
parent
Rationale for the Rule on Stipulation of Facts or
2. After party Confessions of Judgment
becomes 21 –
himself It is true that marriage may be annulled for certain
causes, but if instead of proving these causes the
Period: within 5 years party concerned will only submit either a
after reaching 21 stipulation of facts (facts agreed upon and signed
by both the husband and wife) or a confession of
Unsoundness of Mind Persons:
judgment (a statement by the erring spouse to the
effect that he or she is not against the annulment),
1. Spouse who did
then the court will refuse to render judgment.
not know of the
Instead, the Court will proceed as in Art. 60, 2nd
par. of the Family Code. It is provided for in Art. 60,
Art. 49. During the pendency of the action and in
par. 2, that “in any case, the court shall order that
the absence of adequate provisions in a written
prosecuting attorney or fiscal assigned to take
agreement between the spouses, the Court shall
steps to prevent collusion between the parties and
provide for the support of the spouses and the
to take care that the evidence is not fabricated or
custody and support of their common children.
suppressed.’’
The Court shall give paramount consideration to
A marriage cannot be annulled by means of a the moral and material welfare of said children
summary judgment. and their choice of the parent with whom they
wish to remain as provided to in Title IX. It shall
also provide for appropriate visitation rights of
Confession of Judgment Defined the other parent.

There are two kinds of Confession of Judgment: Pendency of Action

COJ by Warrant of COJ by Confession According to Art. 49, during the pendency of the
Attorney Congnovit Actionem action and in the absence of adequate provisions in
Authority given by That rendered where, a written agreement between the spouses, the
defendant to plaintiff’s instead of defending court shall:
attorney allowing the himself, the defendant 1. Provide for the support of the spouses and
latter to tell the court chooses to the custody and support of their common
that the defendant acknowledge the children.
confesses or admits rightfulness of the 2. Give paramount consideration to the moral
the plaintiff’s claim to plaintiff’s action. and material welfare of said children and
be true and just. their choice of the parent with whom they
wish to remain.
This is done even 3. Provide for appropriate visitation rights of
before the action is the other parent.
actually filed.
Art. 50. The effects provided for by paragraphs (2),
(3), (4) and (5) of Article 43 and by Article 44 shall
When a Marriage is Annuled Does the Obligation to also apply in the proper cases to marriages which
Give Support Still Subsists? are declared ab initio or annulled by final
After a marriage is annulled, the obligation of judgment under Articles 40 and 45.
mutual support between the spouses ceases. The final judgment in such cases shall provide for
But the children should still be supported by them. the liquidation, partition and distribution of the
properties of the spouses, the custody and
Who Pays for Attorney’s Fees and Other Expenses support of the common children, and the delivery
in Annulment Cases? of third presumptive legitimes, unless such
It depends. matters had been adjudicated in previous judicial
proceedings.
If action prospers Absolute Community
Property All creditors of the spouses as well as of the
If not annulled Whoever brought the absolute community or the conjugal partnership
action shall pay for the shall be notified of the proceedings for
attorney’s fees and liquidation.
other litigation In the partition, the conjugal dwelling and the lot
expenses. on which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and Who are Not Affected?
129.
Third Parties shall not be affected.
Effects of Termination of Subsequent Marriage —
Art. 53. Either of the former spouses may marry
Where Applicable
again after compliance with the requirements of
As set forth under Arts. 43(2-5) and 44, the effects the immediately preceding Article; otherwise, the
of termination of a subsequent marriage shall subsequent marriage shall be null and void.
apply to final judgments annulling voidable
After Compliance with the Requirement
marriage or declaring the latter’s nullity.
After complying with the requirements of Article
Art. 51. In said partition, the value of the
52, either of the former spouse may marry again.
presumptive legitimes of all common children,
To do otherwise renders the subsequent marriage
computed as of the date of the final judgment of
null and void.
the trial court, shall be delivered in cash, property
or sound securities, unless the parties, by mutual Art. 54. Children conceived or born before the
agreement judicially approved, had already judgment of annulment or absolute nullity of the
provided for such matters. marriage under Article 36 has become final and
executory shall be considered legitimate. Children
The children or their guardian or the trustee of
conceived or born of the subsequent marriage
their property may ask for the enforcement of the
under Article 53 shall likewise be legitimate.
judgment.
Problems on Double Marriages
The delivery of the presumptive legitimes herein
prescribed shall in no way prejudice the ultimate A woman in good faith married a man whom she
successional rights of the children accruing upon thought to be unmarried but who was in reality
the death of either of both of the parents; but the already married.
value of the properties already received under the
decree of annulment or absolute nullity shall be (a) Is the second marriage valid?
considered as advances on their legitime. No, the second marriage is not valid. Being
Value of Partition of Presumptive Legitimes bigamous, it is both illegal and void ab initio.

In said partition, the value of the presumptive (b) Is the man guilty of bigamy?
legitimes of all common children are computed as Yes.
of the date of the final judgment of the trial court,
and shall be delivered in: (c) But suppose the man thought that his first wife
was already dead, but did not make diligent efforts
1. Cash to ascertain this fact, would he still be criminally
2. Property, or liable?
3. Sound Securities
Yes, he would still be guilty of bigamy. Besides, he
This is unless the parties, by mutual agreement, should have first asked for a judicial declaration of
judicially approved, had already provided for such presumptive death. (Art. 41, 2nd par., Family
matters. Code).
Art. 52. The judgment of annulment or of absolute Title II
nullity of the marriage, the partition and
distribution of the properties of the spouses and LEGAL SEPARATION
the delivery of the children's presumptive Two Kinds of Divorces
legitimes shall be recorded in the appropriate civil
registry and registries of property; otherwise, the Absolute Divorce Relative Divorce
same shall not affect third persons. Marriage is dissolved. Marriage is not
 dissolved. The parties (8) Sexual infidelity or perversion;
are merely separated
(9) Attempt by the respondent against the life of
from bed and board.
the petitioner; or
(10) Abandonment of petitioner by respondent
“Legal Separation” Distinguished from “Separation
without justifiable cause for more than one year.
of Property”
For purposes of this Article, the term "child" shall
Legal Separation Separation of Property
include a child by nature or by adoption.
Must be done through If one prior to
the court. marriage-may be done Proof Needed
through marriage
Preponderance of Evidence.
settlement
Always involves also May exist with or In number 4, “final judgment”.
separation of property without legal
separation
May be considered as a May be considered as Sexual Infidelity
cause of separation of one of the effects of
property legal separation. This can include adultery or concubinage.
The spouses persons The spouses persons Effect of the Institution of a Criminal Action
are necessarily are not necessarily
separated separated If a wife sues for legal separation on the ground of
concubinage, and during the pendency of said suit,
she fi les a criminal charge for concubinage, the
Art. 55. A petition for legal separation may be civil action should be SUSPENDED until after final
filed on any of the following grounds: judgment is rendered in the criminal case (Sec.
3[b], Rule 111, Revised Rules of Court) inasmuch as
(1) Repeated physical violence or grossly abusive
her cause of action in the case for legal separation
conduct directed against the petitioner, a
arises from the very crime of concubinage charged
common child, or a child of the petitioner;
in the criminal case.
(2) Physical violence or moral pressure to compel
This is a question of decision since the offense now
the petitioner to change religious or political
need not be proved in a criminal case.
affiliation;
Duty of Court to Try to Effect a Reconciliation
(3) Attempt of respondent to corrupt or induce
the petitioner, a common child, or a child of the In every case, the court must take steps, before
petitioner, to engage in prostitution, or granting the legal separation, toward the
connivance in such corruption or inducement; reconciliation of the spouses, and must be fully
satisfied that such reconciliation is highly
(4) Final judgment sentencing the respondent to
improbable. (Art. 98).
imprisonment of more than six years, even if
pardoned; It is the policy of the law to discourage legal
separation because the family is a basic social
(5) Drug addiction or habitual alcoholism of the
institution which public policy cherishes and
respondent;
protects. (Art. 216).
(6) Lesbianism or homosexuality of the
The Action is Personal in Nature
respondent;
Legal Separation is purely personal.
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
Being personal in character, it follows that the Implied Condonation – may come in the form of
death of one party to the action causes the death voluntary sexual intercourse after knowledge of
of the action itself. the cause unless the reason was to save the marital
relationship and maintain harmony or for the
Conviction is Not Necessary Before Legal
purpose of attempting (unsuccessfully) a
Separation May Prosper
reconciliation.
A decree of legal separation, on the ground of
**Each sexual intercourse of the wife outside
concubinage (a form of sexual infidelity under Art.
marriage is a separate act of adultery. Therefore,
55, no. 8 of the Family Code) may issue upon proof
condonation of one act does not necessarily mean
by preponderance of evidence in an action (for
the condonation the other**
legal separation).
Thus, no criminal proceedings or conviction is
necessary.

Art. 56. The petition for legal separation shall be Consent (prior to the act)
denied on any of the following grounds:
a. This may be express or implied
(1) Where the aggrieved party has condoned the b. Consent must be distinguished from
offense or act complained of; entrapment.
(2) Where the aggrieved party has consented to Mutual Guilt
the commission of the offense or act complained
Both parties being in pari delicto, there is no
of;
offended spouse who deserves to bring the action.
(3) Where there is connivance between the
This true even if one of the parties has been
parties in the commission of the offense or act
pardoned and the other has not.
constituting the ground for legal separation;
Collusion
(4) Where both parties have given ground for legal
separation; This is an agreement whereby one will pretend to
have committed the ground relied upon.
(5) Where there is collusion between the parties
to obtain decree of legal separation; or A legal separation obtained through collusion is
void.
(6) Where the action is barred by prescription.
Effect of Death During Pendency
Defenses in Legal Separation
If one party dies during the pendency of the case,
1. Condonation
the same should be dismissed since the action is
2. Consent
purely a personal one.
3. Connivance
4. Mutual Guilt (recrimination) Art. 57. An action for legal separation shall be
5. Collusion filed within five years from the time of the
6. Presecription occurrence of the cause.
Condonation (after the act) Non-Necessity of Alleging Prescription
Condonation – this means forgiveness, express or Although prescription should ordinarily be alleged,
implied. Sleeping together after full knowledge of this is not so in legal separation or annulment
the offense is condonation. proceedings. Therefore, the court even by itself can
take cognizance of prescription of the case because
It comes after, not before, the offense.
said action involves public interest, and it is the  direct or
policy of our law that no such decree be issued if  circumstantial evidence.
any legal obstacles thereto appear upon the
record. (c) Note that the case may prosper even if the
defendant does not appear.
Art. 58. An action for legal separation shall in no
case be tried before six months shall have elapsed Art. 61. After the filing of the petition for legal
since the filing of the petition. separation, the spouses shall be entitled to live
separately from each other.
Cooling-Off Period
The court, in the absence of a written agreement
Purpose of the six months period before trial is to between the spouses, shall designate either of
enable the parties to cool off for a possible them or a third person to administer the absolute
reconciliation. community or conjugal partnership property. The
administrator appointed by the court shall have
No Suspension for Support Pendente Lite
the same powers and duties as those of a
Even during the 6 months, support pendente lite guardian under the Rules of Court.
may be granted, if justified.
Art. 59. No legal separation may be decreed
Comment
unless the Court has taken steps toward the
reconciliation of the spouses and is fully satisfied,  The spouses can live separately after the
despite such efforts, that reconciliation is highly filing of the legal separation but they are
improbable. not required to do so.
 A third person may manage the property
Steps to First to be Taken by the Court
regime. The designation of this person may
The Court must have first taken steps toward the be done by the court.
reconciliation of the spouses and be fully satisfied,
Art. 62. During the pendency of the action for
despite such efforts, that reconciliation is highly
legal separation, the provisions of Article 49 shall
improbable, before any legal separation may be
likewise apply to the support of the spouses and
decreed.
the custody and support of the common children.
Art. 60. No decree of legal separation shall be (105a)
based upon a stipulation of facts or a confession
Art. 63. The decree of legal separation shall have
of judgment.
the following effects:
In any case, the Court shall order the prosecuting
(1) The spouses shall be entitled to live separately
attorney or fiscal assigned to it to take steps to
from each other, but the marriage bonds shall not
prevent collusion between the parties and to take
be severed;
care that the evidence is not fabricated or
suppressed. (2) The absolute community or the conjugal
partnership shall be dissolved and liquidated but
Legal Separation Based on Stipulation of Facts or
the offending spouse shall have no right to any
Confession of Judgment
share of the net profits earned by the absolute
(a) The law requires proof, not a mere stipulation community or the conjugal partnership, which
of facts or a confession of judgment. Indeed, there shall be forfeited in accordance with the
ought to be a trial. (Incidentally, Rule 19 of the provisions of Article 43(2);
Revised Rules of Court also prohibits a judgment on
(3) The custody of the minor children shall be
the pleadings in actions for legal separation or
awarded to the innocent spouse, subject to the
annulment of a marriage.)
provisions of Article 213 of this Code; and
(b) The proof may be either:
(4) The offending spouse shall be disqualified from a. Donations made in favor of the offending
inheriting from the innocent spouse by intestate spouse
succession. Moreover, provisions in favor of the b. Designation of the defending spouse as
offending spouse made in the will of the innocent beneficiary in the insurance contract of the
spouse shall be revoked by operation of law. innocent spouse
Scope Art. 65. If the spouses should reconcile, a
corresponding joint manifestation under oath
Article 63 applies regarding some effects after the
duly signed by them shall be filed with the court
grant of a decree of legal separation.
in the same proceeding for legal separation.
Continued Existence of the Marriage
Comment
1. Neither party can have paramour
This Article requires a joint manifestation under
2. The married couple cannot insist on sexual
oath in case of reconciliation.
intercourse with each other
3. Even if the wife be the one guilty, she may
continue using her maiden name
Art. 66. The reconciliation referred to in the
preceding Articles shall have the following
consequences:
Custody of the Minor Children
(1) The legal separation proceedings, if still
The custody is generally given to the innocent
pending, shall thereby be terminated at whatever
spouse
stage; and
Disqualification from Testate and Intestate
(2) The final decree of legal separation shall be set
Succession
aside, but the separation of property and any
The guilty spouse cannot inherit from the innocent forfeiture of the share of the guilty spouse already
spouse effected shall subsist, unless the spouses agree to
revive their former property regime.
Art. 64. After the finality of the decree of legal
separation, the innocent spouse may revoke the The court's order containing the foregoing shall be
donations made by him or by her in favor of the recorded in the proper civil registries.
offending spouse, as well as the designation of the
General Rule Forfeiture of the share
latter as beneficiary in any insurance policy, even
of the guilty spouse
if such designation be stipulated as irrevocable.
remains-if there should
The revocation of the donations shall be recorded
be a reconciliation
in the registries of property in the places where
Exception When the parties agree
the properties are located. Alienations, liens and
to revive the former
encumbrances registered in good faith before the
property regime
recording of the complaint for revocation in the
registries of property shall be respected. The
revocation of or change in the designation of the Art. 67. The agreement to revive the former
insurance beneficiary shall take effect upon property regime referred to in the preceding
written notification thereof to the insured. Article shall be executed under oath and shall
specify:
The action to revoke the donation under this
Article must be brought within five years from the (1) The properties to be contributed anew to the
time the decree of legal separation become final. restored regime;
Two Things that May be Revoked by the Innocent (2) Those to be retained as separated properties
Spouse of each spouse; and
(3) The names of all their known creditors, their iii. If the husband grossly insults her.
addresses and the amounts owing to each. iv. If the husband maltreats her.
The agreement of revival and the motion for its v. If she was virtually driven out of
approval shall be filed with the court in the same their home by her husband and she
proceeding for legal separation, with copies of is threatened with violence if she
both furnished to the creditors named therein. should return.
After due hearing, the court shall, in its order, vi. If the husband continually gambles,
take measure to protect the interest of creditors refuses to support the family, and
and such order shall be recorded in the proper insults the wife.
registries of properties. vii. If the husband lives as a vagabond
The recording of the ordering in the registries of having no fixed home.
property shall not prejudice any creditor not listed viii. If the husband insists on their living
or not notified, unless the debtor-spouse has together with his own parents.
sufficient separate properties to satisfy the c. If the wife refuses unjustifiably to live with
creditor's claim. her husband, the court will admonish but
not order her to return; and even if an
Comment
order is made, contempt proceeding against
 Creditors who were not notified or not the wife will not prosper. The only remedy
listed in the order shall not be prejudiced. here for the husband is to refuse to grant
Title III support.
d. The court cannot order her to have sexual
RIGHTS AND OBLIGATIONS BETWEEN intercourse with the husband. This is
HUSBAND AND WIFE impractical. Moreover, specific
performance is not a remedy in personal
Art. 68. The husband and wife are obliged to live
obligations. But support may, of course, be
together, observe mutual love, respect and
denied. The husband may also resort to
fidelity, and render mutual help and support.
what is commonly referred to as the “silent
Personal Obligations of Husband and Wife treatment,” that is, refuse to talk to the
1. Duty to live together wife.
2. Duty to observe mutual love, respect, and e. Damages are recoverable from a stranger if
fidelity he:
3. Duty to render mutual help and support i. Injures the wife and deprives the
husband of “consortium’’; and
Duty to Live Together
ii. Tries to interfere with the domestic
a. There is a duty and a right to live together: home life of the spouses.
cohabitation or consortium (including
sexual intercourse) Duty to Observe Mutual Love, Respect, & Fidelity
b. The wife may be established a separate a. Instead of obedience, the law now requires
residence or domicile in the following cases:
mutual respect.
i. If the husband continually indulges
b. Infidelity may be a ground for legal
in illicit relations with others even if
separation, or disinheritance, or for
the concubine or concubines are not
unworthiness in matters of succession or
brought into the marital abode.
for criminal liability under the provisions of
ii. If the husband is immoderate or
the Revised Penal Code.
barbaric in his demands for sexual
intercourse. Duty to Render Mutual Help and Support
 a. Marriage is a 50-50 proposition; therefore, Immorality – includes not only sexual matters but
there must be mutual help and support. also conducts inconsistent with rectitude, or
b. Mutual help includes the right to defend indicative of corruption, indecency, depravity, and
the life and honor of the other spouse. dissoluteness, or is willful, flagrant or shameless
c. Support includes medical attendance for conduct showing moral indifference to opinions of
the sick spouse, even if the doctor was respectable members of the community, and on
called by another person. inconsiderate attainted toward good order and
d. Mutual help also includes moral assistance. public welfare.
Art. 69. The husband and wife shall fix the family
domicile. In case of disagreement, the court shall
decide.
The court may exempt one spouse from living
with the other if the latter should live abroad or
there are other valid and compelling reasons for
Some Other Consequences of Marriage the exemption. However, such exemption shall
a. Marriage emancipates a person from not apply if the same is not compatible with the
solidarity of the family.
parental authority as to person. As to
property, there is an incomplete Instances Where Wife is Justified to Leave Husband
emancipation. and Thereby Select Her Own Domicile or Residence
b. A husband and a wife can chastise or
1. If the husband lives as a vagabond having no
reprimand each other, but may not inflict fixed home.
force, except when either catches the other 2. If the husband maltreats her.
in the act of sexual intercourse with a 3. If the husband insists on his immoderate or
stranger. barbaric demands from the wife for sexual
c. The Marriage Privilege Rule – A husband intercourse. (There is now such thing as
cannot be examined for or against his wife marital rape law).
without her consent; nor a wife for or 4. If the wife is asked by the husband to leave
against her husband without his consent, the conjugal place threatening to use
except in a civil case by one against the violence upon her if she should return home.
other, or in a criminal case for a crime 5. If the husband commits concubinage and
continuously indulges in such illicit
committed by one against the other.
relationship.
d. The Marital Communication Rule – The
husband or the wife during the marriage or Art. 70. The spouses are jointly responsible for the
afterwards, cannot be examined without support of the family. The expenses for such
the consent of the other as to any support and other conjugal obligations shall be
communication received in confidence by paid from the community property and, in the
one from the other during the marriage. absence thereof, from the income or fruits of their
separate properties. In case of insufficiency or
e. A wife should use the husband’s surname.
absence of said income or fruits, such obligations
Abandonment shall be satisfied from the separate properties.

Abandonment – means neglect and refusal to Sources of Expenses For Support and Conjugal
perform the filial and legal obligations of love and Obligations:
support. 1. Community Property
Immorality 2. Income or Fruit of their separate properties
 3. Their separate properties to the community
property
Art. 71. The management of the household shall
be the right and the duty of both spouses. The
expenses for such management shall be paid in
accordance with the provisions of Article 70.
Art. 72. When one of the spouses neglects his or
her duties to the conjugal union or commits acts
which tend to bring danger, dishonor or injury to
the other or to the family, the aggrieved party
may apply to the court for relief.
Art. 73. Either spouse may exercise any legitimate
profession, occupation, business or activity Title IV
without the consent of the other. The latter may
object only on valid, serious, and moral grounds. PROPERTY RELATIONS BETWEEN

In case of disagreement, the court shall decide HUSBAND AND WIFE

whether or not:
(1) The objection is proper, and Chapter 1
(2) Benefit has occurred to the family prior to the GENERAL PROVISIONS
objection or thereafter. If the benefit accrued
prior to the objection, the resulting obligation
shall be enforced against the separate property of
Art. 74. The property relationship between
the spouse who has not obtained consent.
husband and wife shall be governed in the
The foregoing provisions shall not prejudice the following order:
rights of creditors who acted in good faith. 
(1) By marriage settlements executed before the
Right of Either Spouse to Engage in a Profession or marriage;
Occupation or to Engage in Business
(2) By the provisions of this Code; and
Either spouse may exercise any legitimate
(3) By the local custom.
profession, occupation, business or activity.
However, any one of them may object, provided “Marriage Settlement” Defined
the opposition is founded on VALID, SERIOUS, and
Marriage Settlement – it is a contract entered into
MORAL grounds.
by future spouses fixing the matrimonial property
If Wife Engages in Business, What Property Will be regime that should govern during the existence of
Liable? the marriage.
Husband consented All properties will be Art. 75. The future spouses may, in the marriage
liable settlements, agree upon the regime of absolute
If no express or Only the community community, conjugal partnership of gains,
implied consent and separate complete separation of property, or any other
properties of the wife regime. In the absence of a marriage settlement,
will be liable. or when the regime agreed upon is void, the
system of absolute community of property as
Community property established in this Code shall govern.
can be liable- earnings
of the wife appertain
Matrimonial Property Regime that May be Agreed 1. Art. 66 (on consequences of reconciliation
Upon in the Marriage Settlement of the spouses in legal separation);
2. Art. 67 (on conditions for revival of the
1. Absolute Community Regime
former property regime in legal separation);
2. Relative Community Regime or the Conjugal
3. Art. 128 (on petition for sole
Partnership of Gains
administratorship of the conjugal
3. Complete or Absolute Separation
partnership in case of abandonment by a
4. Any other regime.
spouse or failure to comply with his or her
Marriage Settlement is a Contract obligations to the family);
4. Art. 135 (grounds for judicial separation of
Provisions of a marriage settlement must not be property); and
contrary to law, good morals, good customs, public 5. Art. 136 (joint petition of spouses for
order, and public policy, dissolution of property regime governing
their relations).

Requisites for a Marriage Settlement

1. Must be made BEFORE the celebration of Art. 77. The marriage settlements and any
the marriage and even modification must modification thereof shall be in writing, signed by
also be made BEFORE the wedding except the parties and executed before the celebration of
conversion into the complete separation of the marriage. They shall not prejudice third
property regime, which would be allowed persons unless they are registered in the local civil
provided that there is judicial approval and registry where the marriage contract is recorded
no prejudice to creditors. as well as in the proper registries of properties.
2. Must not contain provisions contrary to law, Requirements of a Marriage Settlement as well as
good morals, good customs, public order, any of its Modifications
and public policy, or against the dignity of
either spouse. 1. In writing
3. Must generally confine itself only to 2. Signed by the Parties
property relations. 3. Executed before celebration of marriage
4. Must be in writing. 4. Marriage must be celebrated
5. If made by minors, their parents must 5. Duly registered in the Civil Registry and
consent by signing also; if by other Registry of Property in order to bind third
incompetents, such as those under civil persons.
interdiction, the guardian must consent and
Art. 78. A minor who according to law may
also sign.
contract marriage may also execute his or her
Art. 76. In order that any modification in the marriage settlements, but they shall be valid only
marriage settlements may be valid, it must be if the persons designated in Article 14 to give
made before the celebration of the marriage, consent to the marriage are made parties to the
subject to the provisions of Articles 66, 67, 128, agreement, subject to the provisions of Title IX of
135 and 136. this Code. (120a)

Modifications Art. 79. For the validity of any marriage

settlement executed by a person upon whom a
Any modification in the marriage settlements may sentence of civil interdiction has been pronounced
be deemed valid. However, such must be made or who is subject to any other disability, it shall be
before the celebration of the marriage, subject to indispensable for the guardian appointed by a
the following provisions: competent court to be made a party thereto.
(123a)
Art. 80. In the absence of a contrary stipulation in donation is merely revocable, that is, it remains
a marriage settlement, the property relations of valid unless revoked by the parties concerned. We
the spouses shall be governed by Philippine laws, have therefore an example of a stipulation in a
regardless of the place of the celebration of the marriage settlement which is not automatically
marriage and their residence. rendered null and void by virtue of the non-
celebration of the marriage.
This rule shall not apply:
Rule if a Child is Recognized in the Marriage
(1) Where both spouses are aliens;
Settlement
(2) With respect to the extrinsic validity of
contracts affecting property not situated in the Legal Age Recognition is valid,
Philippines and executed in the country where the provided child gave his
property is located; and consent
Minor Minor need not
(3) With respect to the extrinsic validity of consent, but judicial
contracts entered into in the Philippines but approval is needed.
affecting property situated in a foreign country
whose laws require different formalities for its
extrinsic validity.
Art. 81. Everything stipulated in the settlements Chapter 2
or contracts referred to in the preceding articles in
DONATIONS BY REASON OF MARRIAGE
consideration of a future marriage, including
donations between the prospective spouses made Art. 82. Donations by reason of marriage are
therein, shall be rendered void if the marriage those which are made before its celebration, in
does not take place. However, stipulations that do consideration of the same, and in favor of one or
not depend upon the celebration of the marriages both of the future spouses.
shall be valid.
Donations Propter Nuptias Distinguished from
Effects if Marriage Does Not Take Place Wedding Gifts
Example of the General Rule — In a marriage Donations PN Wedding Gifts
settlement, a future husband and wife agreed on “Propter” means Not all wedding gifts
absolute community of property. The marriage did “before” are PN, for said
not take place. Because of this there would be no wedding gifts may
sense in going ahead with the stipulation in the Donations PN are come after the
contract. In this case, the marriage is a condition wedding gifts celebration of the
precedent the nonfulfillment of which would marriage
naturally render void any stipulation made because
of it.
Requisites for a Valid Donation Propter Nuptias
Example of the Exception — By reason of their
forthcoming marriage, the future husband 1. Must be made before the celebration of the
donated, in a marriage settlement, a house to his marriage.
future wife, who in turn in the same settlement, 2. Must be made in consideration of the same.
accepted the donation. Later, the future wife died. 3. Must be made in favor of one or both of the
The marriage naturally could not take place. What future spouses.
happens to the donation which was made part of If One of the Requisites is not Complied with
the marriage settlement? The donation of the
house here is not automatically rendered It may still be valid as an ordinary donation,
inoperative. The law clearly provides that such a provided that all other essential requisites are
complied with, but it is not a donation propter In case of foreclosure of the encumbrance and the
nuptias. property is sold for less than the total amount of
the obligation secured, the donee shall not be
Art. 83. These donations are governed by the rules
liable for the deficiency. If the property is sold for
on ordinary donations established in Title III of
more than the total amount of said obligation, the
Book III of the Civil Code, insofar as they are not
donee shall be entitled to the excess.
modified by the following articles.
No Necessity of Removing Encumbrances
Rules on Ordinary Donation apply to DPN
A DPN is valid even if the property is already
Examples:
subject to encumbrances (such as mortgage).
1. Must be in a public instrument
Rules as to Deficiency or Excess in Case of a
2. Must be accepted, for no one may be
Foreclosure Sale
compelled to accept the generosity of
another a. The donee shall not be liable for the
deficiency.
Art. 84. If the future spouses agree upon a regime
b. In case of an excess, said done is entitled to
other than the absolute community of property,
said excess.
they cannot donate to each other in their
marriage settlements more than one-fifth of their
present property. Any excess shall be considered Art. 86. A donation by reason of marriage may be
void. revoked by the donor in the following cases:
Donations of future property shall be governed by (1) If the marriage is not celebrated or judicially
the provisions on testamentary succession and declared void ab initio except donations made in
the formalities of wills. the marriage settlements, which shall be
governed by Article 81;
Problem
(2) When the marriage takes place without the
The future spouses donated to each other in their
consent of the parents or guardian, as required by
marriage settlements ¼ of their respective
law;
properties. Will the donations be reduced?
(3) When the marriage is annulled, and the donee
a. If their property regime is that of absolute
acted in bad faith;
community, no reduction will be made.
b. Otherwise, the donations will be reduced to (4) Upon legal separation, the donee being the
1/5. guilty spouse;
Future Property (5) If it is with a resolutory condition and the
condition is complied with;
Future Property – this is anything which the donor
cannot dispose of at the time he makes the (6) When the donee has committed an act of
donation ingratitude as specified by the provisions of the
Civil Code on donations in general.
Future Spouses and Future Property
Effect of Non-Celebration of the Marriage
Future spouses (not other people) may donate
future property to each other, but this shall be The donation would be considered revocable
governed not by the rules on ordinary donations merely, not automatically revoked.
but by the provisions of testamentary successions
Effect if the Marriage is Void (as When the
and the formalities of wills.
Requisite Marriage License had not been Obtained)
Art. 85. Donations by reason of marriage of
property subject to encumbrances shall be valid.
The donation would still be merely revocable, if no Section 1. General Provisions
action is brought to declare the marriage void, and
the donation revoked, the donation would remain
valid. Art. 88. The absolute community of property
between spouses shall commence at the precise
In Case of Annulment
moment that the marriage is celebrated. Any
The DPN may be revoked if it was the donee who stipulation, express or implied, for the
has acted in bad faith, not if the done, had been in commencement of the community regime at any
good faith. other time shall be void.
Donee in GF May not be revoked Absence of a Marriage Settlement Providing for a
Donee in BF May be revoked Kind of Matrimonial Property Regime
The spouses shall be governed by the absolute
Art. 87. Every donation or grant of gratuitous property regime.
advantage, direct or indirect, between the
Art. 89. No waiver of rights, shares and effects of
spouses during the marriage shall be void, except
the absolute community of property during the
moderate gifts which the spouses may give each
marriage can be made except in case of judicial
other on the occasion of any family rejoicing. The
separation of property.
prohibition shall also apply to persons living
together as husband and wife without a valid When the waiver takes place upon a judicial
marriage. separation of property, or after the marriage has
been dissolved or annulled, the same shall appear
Coverage of the Article
in a public instrument and shall be recorded as
DPN between: provided in Article 77. The creditors of the spouse
who made such waiver may petition the court to
1. Lawfully married spouses rescind the waiver to the extent of the amount
2. Common-law spouses sufficient to cover the amount of their credits.
Reasons for the General Prohibition of Donations Art. 90. The provisions on co-ownership shall
Between Spouses apply to the absolute community of property
a. To protect creditors between the spouses in all matters not provided
b. To prevent the weaker spouses from being for in this Chapter. 
influenced by the stronger spouse
c. To prevent an indirect violation of the rule
prohibiting modifications of the marriage Section 2. What Constitutes Community Property
settlement during the existence of the
marriage
Art. 91. Unless otherwise provided in this Chapter
Status of the Donation
or in the marriage settlements, the community
Donation is void. However, not everybody can property shall consist of all the property owned
assail its validity. Only those prejudiced by the by the spouses at the time of the celebration of
transfer may take advantage of the fact that the the marriage or acquired thereafter.
donation is void.
Community Property
Chapter 3
Consists of all property owned by the spouses at
SYSTEM OF ABSOLUTE COMMUNITY the time of the marriage celebration or thereafter
acquired.
Art. 92. The following shall be excluded from the Art. 94. The absolute community of property shall
community property: be liable for:
(1) Property acquired during the marriage by (1) The support of the spouses, their common
gratuitous title by either spouse, and the fruits as children, and legitimate children of either spouse;
well as the income thereof, if any, unless it is however, the support of illegitimate children shall
expressly provided by the donor, testator or be governed by the provisions of this Code on
grantor that they shall form part of the Support;
community property;
(2) All debts and obligations contracted during the
(2) Property for personal and exclusive use of marriage by the designated administrator-spouse
either spouse. However, jewelry shall form part of for the benefit of the community, or by both
the community property; spouses, or by one spouse with the consent of the
other;
(3) Property acquired before the marriage by
either spouse who has legitimate descendants by (3) Debts and obligations contracted by either
a former marriage, and the fruits as well as the spouse without the consent of the other to the
income, if any, of such property. extent that the family may have been benefited;
Separately-Owned Property (4) All taxes, liens, charges and expenses,
including major or minor repairs, upon the
Even in the system of Absolute Community there
community property;
are also separate (separately-owned) properties.
(5) All taxes and expenses for mere preservation
made during marriage upon the separate property
Reasons for Separate Properties Mentioned in the of either spouse used by the family;
Article
(6) Expenses to enable either spouse to
Par. 1 – the desire of the gratuitous giver must be commence or complete a professional or
respected. vocational course, or other activity for self-
improvement;
Par. 2 – the reason here is obvious.
(7) Antenuptial debts of either spouse insofar as
Par. 3 – this is to protect the rights or legitimes of they have redounded to the benefit of the family;
the children or other descendants of the prior
marriage. Said children and other descendants (8) The value of what is donated or promised by
must be legitimate. both spouses in favor of their common legitimate
children for the exclusive purpose of commencing
Art. 93. Property acquired during the marriage is or completing a professional or vocational course
presumed to belong to the community, unless it is or other activity for self-improvement;
proved that it is one of those excluded therefrom.
(9) Antenuptial debts of either spouse other than
Evidence Must be Shown those falling under paragraph (7) of this Article,
Before the presumption applies, evidence must be the support of illegitimate children of either
shown that the disputed properties have been spouse, and liabilities incurred by either spouse by
acquired during the marriage. 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
Section 3. Charges Upon and Obligations of the be considered as advances to be deducted from
Absolute Community the share of the debtor-spouse upon liquidation
of the community; and
(10) Expenses of litigation between the spouses decision shall prevail, subject to recourse to the
unless the suit is found to be groundless. court by the wife for proper remedy, which must
be availed of within five years from the date of
If the community property is insufficient to cover
the contract implementing such decision.
the foregoing liabilities, except those falling under
paragraph (9), the spouses shall be solidarily liable In the event that one spouse is incapacitated or
for the unpaid balance with their separate otherwise unable to participate in the
properties. administration of the common properties, the
other spouse may assume sole powers of
Paragraph 1
administration. These powers do not include
Legitimate Support charged by the disposition or encumbrance without authority of
absolute community the court or the written consent of the other
Illegitimate Must also be support spouse. In the absence of such authority or
but not by the AC consent, the disposition or encumbrance shall be
void. However, the transaction shall be construed
as a continuing offer on the part of the consenting
Solidary Liability spouse and the third person, and may be
If the community property is not enough, the perfected as a binding contract upon the
spouses are liable solidarily with their separate acceptance by the other spouse or authorization
properties. by the court before the offer is withdrawn by
either or both offerors.
Exception – Par. 9

Art. 95. Whatever may be lost during the marriage

in any game of chance, betting, sweepstakes, or General Rule Joint administration
any other kind of gambling, whether permitted or and enjoyment by both
prohibited by law, shall be borne by the loser and the husband and the
shall not be charged to the community but any wife
winnings therefrom shall form part of the Exception In case of
community property.  disagreement, the
husband will prevail,
subject to recourse to
Lose Gambler bears the the court by the wife
losses for the proper remedy.

Prescriptive Period – 5
Win Winnings shall go to years from the date of
the absolute the contract
community implementing the
husband’s decision

Section 4. Ownership, Administrative, Enjoyment Art. 97. Either spouse may dispose by will of his or
and Disposition of the Community Property her interest in the community property.
Inter Vivos
Art. 96. The administration and enjoyment of the General Rule – While the community subsists,
community property shall belong to both spouses either spouse may not dispose inter vivos of his
jointly. In case of disagreement, the husband's interest to the extent of ½.
Exception – Stipulated in the marriage settlement. (3) In the absence of sufficient community
property, the separate property of both spouses
Will (Mortis Cause)
shall be solidarily liable for the support of the
He may dispose of such interest only by a will family. The spouse present shall, upon proper
(mortis causa act) observing: petition in a summary proceeding, be given
judicial authority to administer or encumber any
1. Formalities of a will specific separate property of the other spouse and
2. The provisions on legitimes and free portion use the fruits or proceeds thereof to satisfy the
Art. 98. Neither spouse may donate any latter's share.
community property without the consent of the Separation De Facto.
other. However, either spouse may, without the
consent of the other, make moderate donations In the proper case there can be:
from the community property for charity or on
1. Loss of support
occasions of family rejoicing or family distress. 
2. Judicial authorization instead of marital
Donations from AC; Common Consent consent
3. Subsidiary solidary liability of the separate
General Rule – Donations from the absolute property
community need common consent. 4. Judicial authority to administer or
Exception – If moderate and in favor of: encumber the separate property (including
fruits and proceeds) of the other spouse.
1. Charity
2. Occasions of family rejoicing or family Art. 101. If a spouse without just cause abandons
distress. the other or fails to comply with his or her
obligations to the family, the aggrieved spouse
Section 5. Dissolution of Absolute Community may petition the court for receivership, for judicial
Regime separation of property or for authority to be the
Art. 99. The absolute community terminates: sole administrator of the absolute community,
subject to such precautionary conditions as the
(1) Upon the death of either spouse; court may impose.
(2) When there is a decree of legal separation; The obligations to the family mentioned in the
(3) When the marriage is annulled or declared preceding paragraph refer to marital, parental or
void; or property relations.

(4) In case of judicial separation of property A spouse is deemed to have abandoned the other
during the marriage under Article 134 to 138. when her or she has left the conjugal dwelling
without intention of returning. The spouse who
Art. 100. The separation in fact between husband has left the conjugal dwelling for a period of three
and wife shall not affect the regime of absolute months or has failed within the same period to
community except that: give any information as to his or her whereabouts
shall be prima facie presumed to have no
(1) The spouse who leaves the conjugal home or
intention of returning to the conjugal dwelling.
refuses to live therein, without just cause, shall
not have the right to be supported; Effects of Abandonment Without Just Cause
(2) When the consent of one spouse to any With judicial authorization, there may be:
transaction of the other is required by law, judicial
authorization shall be obtained in a summary 1. Receivership
proceeding; 2. Judicial Separation of Property
 3. Sole Administration of the Absolute be adjudicated to the spouse with whom the
Community (subject to the precautionary majority of the common children choose to
conditions) 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
Section 6. Liquidation of the Absolute Community such majority, the court shall decide, taking into
Assets and Liabilities consideration the best interests of said children.
The inventory

Art. 102. Upon dissolution of the absolute Separate listing of:

community regime, the following procedure shall
a. Absolute Community; and
apply:
(1) An inventory shall be prepared, listing b. Exclusive properties of each spouse
separately all the properties of the absolute
Payment of Debts and Obligations of the Absolute
community and the exclusive properties of each
Community
spouse.
a. Absolute Community Assets
(2) The debts and obligations of the absolute
community shall be paid out of its assets. In case
b. If insufficient, the separate properties
of insufficiency of said assets, the spouses shall be
(solidarily)
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, Rule of Forfeiture
which shall be divided equally between husband
and wife, unless a different proportion or division a. The absolute community of property or the
was agreed upon in the marriage settlements, or conjugal partnership, as the case may be:
unless there has been a voluntary waiver of such Good Faith Dissolved and liquidated
share provided in this Code. For purpose of Bad Faith (either) His share of the net profits
computing the net profits subject to forfeiture in shall be forfeited in favor of
accordance with Articles 43, No. (2) and 63, No. the:
(2), the said profits shall be the increase in value
between the market value of the community 1. Common children, or
property at the time of the celebration of the if none
marriage and the market value at the time of its 2. Children of the guilty
dissolution. spouse by previous
(5) The presumptive legitimes of the common marriage
children shall be delivered upon partition, in 3. Default of children,
accordance with Article 51. the innocent spouse.

(6) Unless otherwise agreed upon by the parties,

in the partition of the properties, the conjugal b. The AC/CP shall be dissolved and liquidated
dwelling and the lot on which it is situated shall but the offending spouse shall have no right
 to any share of the net profits earned by When Liquidation is Made
the AC/CP, which shall be forfeited:
1. During the judicial settlement proceeding
i. Common children, or if none
2. If none – within 6 months after the death of
ii. Children of the guilty spouse by
the deceased spouse.
previous marriage
iii. Default of children, the innocent Rule if No Liquidation is Made Within 6 Months
spouse. Any disposition or encumbrance involving the
Who Gets the Conjugal Dwelling or Lot community property shall be VOID.

Marriage Settlement Whatever is agreed Rule if there is a Subsequent Marriage Without the
upon in the marriage Liquidation Required by Law
settlement A mandatory regime of complete separation of
No Agreement If no agreement, the property shall govern the property relations of the
spouse with whom the subsequent marriage.
majority of the
common children Art. 104. Whenever the liquidation of the
chose to remain. community properties of two or more marriages
contracted by the same person before the
effectivity of this Code is carried out
Choice of Children Below Seven Years of Age simultaneously, the respective capital, fruits and
They are deemed to have chosen the mother, income of each community shall be determined
unless the court has decided otherwise. upon such proof as may be considered according
to the rules of evidence. In case of doubt as to
General Rule Deemed to have which community the existing properties belong,
chosen the mother the same shall be divided between the different
Exception Court has decided communities in proportion to the capital and
otherwise duration of each.

Art. 103. Upon the termination of the marriage by

death, the community property shall be liquidated
in the same proceeding for the settlement of the Applicability of the Article
estate of the deceased.
Only to those marriages contracted BEFORE the
If no judicial settlement proceeding is instituted, effectivity of the Family Code.
the surviving spouse shall liquidate the
community property either judicially or extra- Distribution of the Property Between the Two
judicially within six months from the death of the Marriages
deceased spouse. If upon the lapse of the six 1. Adduce proof as determined by the rule of
months period, no liquidation is made, any evidence
disposition or encumbrance involving the 2. In case of doubt, get proportion of:
community property of the terminated marriage a. Capital
shall be void. b. Duration of each marriage
Should the surviving spouse contract a Chapter 4
subsequent marriage without compliance with
the foregoing requirements, a mandatory regime CONJUGAL PARTNERSHIP OF GAINS
of complete separation of property shall govern
the property relations of the subsequent
marriage. Section 1. General Provisions
 dissolution dissolution
Art. 105. In case the future spouses agree in the
marriage settlements that the regime of conjugal
partnership gains shall govern their property When Conjugal Partnership Exists
relations during marriage, the provisions in this
Chapter shall be of supplementary application. When agreed upon in the marriage settlement.

The provisions of this Chapter shall also apply to A Mere Inchoate Right During the Conjugal
conjugal partnerships of gains already established Partnership
between spouses before the effectivity of this While the partnership remains, the husband or the
Code, without prejudice to vested rights already wife possessed merely an inchoate right over the
acquired in accordance with the Civil Code or CP. Because if it will be discovered during the
other laws, as provided in Article 256. liquidation of the marriage that there is no conjugal
“Conjugal Partnership” Defined property to be divided, there will be no share for
either the husband or the wife.
Conjugal Partnership – it is that formed by a
husband and wife whereby they place in a common However, after the dissolution of the CP, there
fund the fruits of their separate property, and the interest ceases to be inchoate, and becomes actual
income from their work or industry, the same to be and vested with respect to the undivided one-half
divided between equally (as a general rule) upon share of said properties.
the dissolution of the marriage or the partnership. Art. 106. Under the regime of conjugal
Duration of Conjugal Partnership partnership of gains, the husband and wife place
in a common fund the proceeds, products, fruits
The Conjugal Partnership lasts until: and income from their separate properties and
those acquired by either or both spouses through
1. The dissolution of the marriage, like death
their efforts or by chance, and, upon dissolution of
or annulment
the marriage or of the partnership, the net gains
2. The dissolution of the partnership, like legal
or benefits obtained by either or both spouses
separation or judicial separation of property
shall be divided equally between them, unless
Distinctions Between a “Conjugal Partnership” and otherwise agreed in the marriage settlements.
an “Ordinary Partnership”
Properties Covered by the Conjugal Partnership
Conjugal Partnership Ordinary Partnership
 Proceeds, products, fruits and income from
No juridical personality Has juridical
the separate properties of the spouses
personality
 Those acquired by either or both of the
spouses:
Regulated generally by Regulated by
o By their efforts, or
law agreement and only
o By chance
subsidiary by law
Art. 107. The rules provided in Articles 88 and 89
Generally managed by Management depends shall also apply to conjugal partnership of gains.
the husband upon the stipulation of
the parties Rule Under Article 88; Commencement of the
Property Regime (ACP and CPG)
Purpose is not Purpose is for profit The ACP between the spouses shall commence at
particularly for profit the precise moment the marriage is celebrated.

Few grounds for Many grounds for Contrary Stipulation, Void

Any stipulation, express or implied, for the (1) That which is brought to the marriage as his or
commencement of the community regime at any her own;
other time shall be void.
(2) That which each acquires during the marriage
Rule Under Article 89 by gratuitous title;
General Rule No waiver of rights, (3) That which is acquired by right of redemption,
interests, shares and by barter or by exchange with property belonging
effects of the absolute to only one of the spouses; and
community of property
(4) That which is purchased with exclusive money
during the marriage
of the wife or of the husband.
can be made.
Exception In case of judicial Two Kinds of Separate Property of Each Spouse
separation of property
1. Property by Direct Acquisition (par 1 and 2)
2. Property by Substitution (pat 3 and 4)
When the waiver takes place upon a judicial
Art. 110. The spouses retain the ownership,
separation of property, or after the marriage has
possession, administration and enjoyment of their
been dissolved or annulled, the same shall appear
exclusive properties.
in a public instrument and shall be recorded as
provided in Art. 77. Either spouse may, during the marriage, transfer
the administration of his or her exclusive property
The creditors of the spouse who made such waiver
to the other by means of a public instrument,
may petition the court to rescind the waiver to the
which shall be recorded in the registry of property
extent of the amount sufficient to cover the
of the place the property is located.
amount of their credits.
Art. 111. A spouse of age may mortgage,
Art. 108. The conjugal partnership shall be
encumber, alienate or otherwise dispose of his or
governed by the rules on the contract of
her exclusive property, without the consent of the
partnership in all that is not in conflict with what
other spouse, and appear alone in court to litigate
is expressly determined in this Chapter or by the
with regard to the same.
spouses in their marriage settlements.

Comment:
Liability (Pro-Rata) of Partners
a. The spouse here must be at least 18 years
As may be applicable to the conjugal partnership,
old.
partners are liable pro-rate in the satisfaction of
b. Note that the other spouse need not
the partnership indebtedness.
consent.
Insufficient CP
Art. 112. The alienation of any exclusive property
If CP is insufficient to cover liabilities, the spouses of a spouse administered by the other
shall be solidarily liable for the unpaid balance with automatically terminates the administration over
their separate properties. such property and the proceeds of the alienation
shall be turned over to the owner-spouse.
Note:
Section 2. Exclusive Property of Each Spouse
The proceeds should be turned over to the owner-
spouse.
Art. 109. The following shall be the exclusive
property of each spouse:
Art. 113. Property donated or left by will to the By strong, clear, and convincing evidence.
spouses, jointly and with designation of
Proof of acquisition during the coverture is a
determinate shares, shall pertain to the donee-
condition sine qua non for the operation of the
spouses as his or her own exclusive property, and
presumption in favor of the conjugal ownership.
in the absence of designation, share and share
alike, without prejudice to the right of accretion Art. 117. The following are conjugal partnership
when proper. properties:
Art. 114. If the donations are onerous, the amount (1) Those acquired by onerous title during the
of the charges shall be borne by the exclusive marriage at the expense of the common fund,
property of the donee spouse, whenever they whether the acquisition be for the partnership, or
have been advanced by the conjugal partnership for only one of the spouses;
of gains.
(2) Those obtained from the labor, industry, work
Art. 115. Retirement benefits, pensions, annuities, or profession of either or both of the spouses;
gratuities, usufructs and similar benefits shall be
governed by the rules on gratuitous or onerous (3) The fruits, natural, industrial, or civil, due or
acquisitions as may be proper in each case. received during the marriage from the common
property, as well as the net fruits from the
Presumption exclusive property of each spouse;
If properties are acquired during marriage, the (4) The share of either spouse in the hidden
presumption is that they are conjugal. treasure which the law awards to the finder or
owner of the property where the treasure is
When the Presumption Applies
found;
If the benefits are being given by reason of
(5) Those acquired through occupation such as
payments from the conjugal property, these shall
fishing or hunting;
pertain to the conjugal partnership like annuities or
proceeds of insurance. (6) Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
Insufficient to Overcome the Presumption
brought to the marriage by either spouse; and
Tax Declarations are not sufficient proof to
(7) Those which are acquired by chance, such as
overcome the presumption.
winnings from gambling or betting. However,
losses therefrom shall be borne exclusively by the
loser-spouse.
Section 3. Conjugal Partnership Property

Art. 118. Property bought on installments paid

Art. 116. All property acquired during the
partly from exclusive funds of either or both
marriage, whether the acquisition appears to
spouses and partly from conjugal funds belongs to
have been made, contracted or registered in the
the buyer or buyers if full ownership was vested
name of one or both spouses, is presumed to be
before the marriage and to the conjugal
conjugal unless the contrary is proved.
partnership if such ownership was vested during
When the Presumption Applies the marriage. In either case, any amount
advanced by the partnership or by either or both
Only if the acquisition was during the marriage. spouses shall be reimbursed by the owner or
This presumption applies where the subject owners upon liquidation of the partnership.
property was acquired during the marriage.
Art. 119. Whenever an amount or credit payable
How to Overcome the Presumption within a period of time belongs to one of the
spouses, the sums which may be collected during If AFTER was greater the whole thing
the marriage in partial payments or by belongs to the conjugal
installments on the principal shall be the exclusive partnership but the
property of the spouse. However, interests falling owner-spouse must be
due during the marriage on the principal shall reimbursed
belong to the conjugal partnership.
Art. 120. The ownership of improvements, Section 4. Charges Upon and Obligations of the
whether for utility or adornment, made on the Conjugal Partnership
separate property of the spouses at the expense
of the partnership or through the acts or efforts of
either or both spouses shall pertain to the Art. 121. The conjugal partnership shall be liable
conjugal partnership, or to the original owner- for:
spouse, subject to the following rules:
(1) The support of the spouse, their common
When the cost of the improvement made by the children, and the legitimate children of either
conjugal partnership and any resulting increase in spouse; however, the support of illegitimate
value are more than the value of the property at children shall be governed by the provisions of
the time of the improvement, the entire property this Code on Support;
of one of the spouses shall belong to the conjugal
partnership, subject to reimbursement of the (2) All debts and obligations contracted during the
value of the property of the owner-spouse at the marriage by the designated administrator-spouse
time of the improvement; otherwise, said for the benefit of the conjugal partnership of
property shall be retained in ownership by the gains, or by both spouses or by one of them with
owner-spouse, likewise subject to reimbursement the consent of the other;
of the cost of the improvement. (3) Debts and obligations contracted by either
In either case, the ownership of the entire spouse without the consent of the other to the
property shall be vested upon the reimbursement, extent that the family may have benefited;
which shall be made at the time of the liquidation (4) All taxes, liens, charges, and expenses,
of the conjugal partnership. 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;
It is Important to Note Which is Bigger or Greater- (6) Expenses to enable either spouse to
1. The value of the property just before time commence or complete a professional, vocational,
improvement was made; or or other activity for self-improvement;
2. Its value after the improvement including (7) Antenuptial debts of either spouse insofar as
the cost. they have redounded to the benefit of the family;
Rule (8) The value of what is donated or promised by
both spouses in favor of their common legitimate
If BEFORE was greater the whole thing
children for the exclusive purpose of commencing
belongs to the owner-
or completing a professional or vocational course
spouse, without
or other activity for self-improvement; and
prejudice to
reimbursement of the (9) Expenses of litigation between the spouses
conjugal partnership unless the suit is found to groundless.
If the conjugal partnership is insufficient to cover sweepstakes, or any other kind of gambling
the foregoing liabilities, the spouses shall be whether permitted or prohibited by law, shall be
solidarily liable for the unpaid balance with their borne by the loser and shall not be charged to the
separate properties. conjugal partnership but any winnings therefrom
shall form part of the conjugal partnership
Art. 122. The payment of personal debts
property.
contracted by the husband or the wife before or
during the marriage shall not be charged to the
conjugal properties partnership except insofar as
Section 5. Administration of the Conjugal
they redounded to the benefit of the family.
Partnership Property
Neither shall the fines and pecuniary indemnities
imposed upon them be charged to the
partnership. Art. 124. The administration and enjoyment of the
conjugal partnership shall belong to both spouses
However, the payment of personal debts
jointly. In case of disagreement, the husband's
contracted by either spouse before the marriage,
decision shall prevail, subject to recourse to the
that of fines and indemnities imposed upon them,
court by the wife for proper remedy, which must
as well as the support of illegitimate children of
be availed of within five years from the date of
either spouse, may be enforced against the
the contract implementing such decision.
partnership assets after the responsibilities
enumerated in the preceding Article have been In the event that one spouse is incapacitated or
covered, if the spouse who is bound should have otherwise unable to participate in the
no exclusive property or if it should be administration of the conjugal properties, the
insufficient; but at the time of the liquidation of other spouse may assume sole powers of
the partnership, such spouse shall be charged for administration. These powers do not include
what has been paid for the purpose above- disposition or encumbrance without authority of
mentioned. the court or the written consent of the other
spouse. In the absence of such authority or
What Shall Not be Charged Against the Conjugal
consent, the disposition or encumbrance shall be
Partnership
void. However, the transaction shall be construed
1. Debts incurred (before or during the as a continuing offer on the part of the consenting
marriage) except insofar as they benefited spouse and the third person, and may be
the family perfected as a binding contract upon the
2. Fines and pecuniary indemnities acceptance by the other spouse or authorization
by the court before the offer is withdrawn by
either or both offerors.

If the Separate Property is Insufficient

The Conjugal Partnership Property shall be liable,
In Case of Conflict
subject to 2 Conditions:
Husband prevails, but wife has judicial redress-
1. The obligations of and charges upon the
within 5 years from the date of the contract
conjugal partnership shall have been
implementing the husband’s decision.
covered; and
2. There must be reimbursement during If One Spouse is Incapacitated
liquidation
Other spouse is given sole administration.
Art. 123. Whatever may be lost during the
marriage in any game of chance or in betting,
Art. 125. Neither spouse may donate any conjugal Art. 127. The separation in fact between husband
partnership property without the consent of the and wife shall not affect the regime of conjugal
other. However, either spouse may, without the partnership, except that:
consent of the other, make moderate donations
(1) The spouse who leaves the conjugal home or
from the conjugal partnership property for charity
refuses to live therein, without just cause, shall
or on occasions of family rejoicing or family
not have the right to be supported;
distress.
(2) When the consent of one spouse to any
Cannot Donate Without Consent of the Other
transaction of the other is required by law, judicial
General Rule Not Allowed authorization shall be obtained in a summary
Exception Moderate Donations proceeding;
(3) In the absence of sufficient conjugal
Section 6. Dissolution of Conjugal Partnership partnership property, the separate property of
Regime both spouses shall be solidarily liable for the
support of the family. The spouse present shall,
Art. 126. The conjugal partnership terminates: upon petition in a summary proceeding, be given
(1) Upon the death of either spouse; judicial authority to administer or encumber any
specific separate property of the other spouse and
(2) When there is a decree of legal separation; use the fruits or proceeds thereof to satisfy the
(3) When the marriage is annulled or declared latter's share.
void; or Art. 128. If a spouse without just cause abandons
(4) In case of judicial separation of property the other or fails to comply with his or her
during the marriage under Articles 134 to 138 obligation to the family, the aggrieved spouse
may petition the court for receivership, for judicial
Registration of the Dissolution separation of property, or for authority to be the
If the conjugal partnership is dissolved, should the sole administrator of the conjugal partnership
dissolution be registered in the Registry of property, subject to such precautionary conditions
Property, at least insofar as real property is as the court may impose.
concerned? The obligations to the family mentioned in the
Yes, so as not to prejudice innocent third parties. preceding paragraph refer to marital, parental or
Thus, if a husband, after the dissolution of the property relations.
conjugal partnership, obtains a loan and offers A spouse is deemed to have abandoned the other
conjugal land as security in the form of a mortgage, when he or she has left the conjugal dwelling
the debt can be considered as a conjugal debt. This without intention of returning. The spouse who
is particularly true when the property mortgaged has left the conjugal dwelling for a period of three
was registered in the husband’s name, although months or has failed within the same period to
conjugal. give any information as to his or her whereabouts
shall be prima facie presumed to have no
intention of returning to the conjugal dwelling.
Legal Separation
One of the effects of legal separation, is the
dissolution of the conjugal partnership. If the Section 7. Liquidation of the Conjugal Partnership
separation is only de facto, the conjugal Assets and Liabilities
partnership continues to exist. Art. 129. Upon the dissolution of the conjugal
partnership regime, the following procedure shall
apply:
(1) An inventory shall be prepared, listing remain. Children below the age of seven years are
separately all the properties of the conjugal deemed to have chosen the mother, unless the
partnership and the exclusive properties of each court has decided otherwise. In case there is no
spouse. such majority, the court shall decide, taking into
consideration the best interests of said children.
(2) Amounts advanced by the conjugal
partnership in payment of personal debts and Art. 130. Upon the termination of the marriage by
obligations of either spouse shall be credited to death, the conjugal partnership property shall be
the conjugal partnership as an asset thereof. liquidated in the same proceeding for the
settlement of the estate of the deceased.
(3) Each spouse shall be reimbursed for the use of
his or her exclusive funds in the acquisition of If no judicial settlement proceeding is instituted,
property or for the value of his or her exclusive the surviving spouse shall liquidate the conjugal
property, the ownership of which has been vested partnership property either judicially or extra-
by law in the conjugal partnership. judicially within six months from the death of the
deceased spouse. If upon the lapse of the six-
(4) The debts and obligations of the conjugal
month period no liquidation is made, any
partnership shall be paid out of the conjugal
disposition or encumbrance involving the conjugal
assets. In case of insufficiency of said assets, the
partnership property of the terminated marriage
spouses shall be solidarily liable for the unpaid
shall be void.
balance with their separate properties, in
accordance with the provisions of paragraph (2) of Should the surviving spouse contract a
Article 121. subsequent marriage without compliance with
the foregoing requirements, a mandatory regime
(5) Whatever remains of the exclusive properties
of complete separation of property shall govern
of the spouses shall thereafter be delivered to
the property relations of the subsequent
each of them.
marriage.
(6) Unless the owner had been indemnified from
Liquidation Under the Revised Rules of Court
whatever source, the loss or deterioration of
movables used for the benefit of the family, “Where estate settled upon the dissolution of
belonging to either spouse, even due to fortuitous marriage. — When the marriage is dissolved by the
event, shall be paid to said spouse from the death of the husband or wife, the community
conjugal funds, if any. property shall be inventoried, administered, and
liquidated, and the debts thereof paid, in the
(7) The net remainder of the conjugal partnership
testate or intestate proceedings of the deceased
properties shall constitute the profits, which shall
spouse. If both spouses have died, the conjugal
be divided equally between husband and wife,
partnership shall be liquidated in the testate or
unless a different proportion or division was
intestate proceedings of either.’’ (Sec. 2, Rule 73,
agreed upon in the marriage settlements or unless
Revised Rules of Court).
there has been a voluntary waiver or forfeiture of
such share as provided in this Code. (The above-mentioned procedure is applicable only
when the marriage is dissolved by the death of one
(8) The presumptive legitimes of the common
or both of the spouses. When the conjugal
children shall be delivered upon the partition in
partnership is dissolved by a decree of legal
accordance with Article 51.
separation, or when the marriage is annulled, or
(9) In the partition of the properties, the conjugal when there is a judicial separation of property, the
dwelling and the lot on which it is situated shall, liquidation of the conjugal partnership will be done
unless otherwise agreed upon by the parties, be in the respective proceedings.)
adjudicated to the spouse with whom the
Where or How Liquidation of the Conjugal
majority of the common children choose to
Partnership is Made
(a) In case the cause of dissolution is death of one been held that this requirement is only for the
of the spouses protection of creditors so that as between the
heirs, an oral partition may even be proper.
1. Testate or intestate proceedings of the
deceased spouse. Effect of Extra-judicial Partition Approved by the
2. Extra-judicial partition between the Court
surviving spouse and the heirs of the
If an extra-judicial partition is submitted to and
deceased spouse, provided that there are
approved by the court, it becomes a judicial
no debts and provided, furthermore, that all
partition and is final and absolute upon all parties
concerned are of age, or are duly
who took part in the partition agreement and
represented by their judicial guardians in
acquiesced therein.
the case of minors.
3. An ordinary judicial action for partition. This How to Question a Fraudulent Extrajudicial
is proper because in said action for partition Partition
the liquidation of the conjugal partnership
is already implied. Ordinary action brought for the precise purpose of
setting aside the partition.
(b) In case the cause of dissolution is legal
separation, annulment of the marriage or judicial Where the Question Should be Raised
separation of property, the liquidation should If the cause of dissolution of the conjugal
ordinarily take place in said respective proceedings. partnership is the death of one of the spouses, the
However, it would be also proper to liquidate in an procedure relative to the liquidation and
extra-judicial partition (except if the cause is distribution of the estate is addressed to the
separation of property by judicial decree) or in an probate court in the testamentary or intestate
ordinary action for partition, if there had been no proceedings of the deceased spouse, or to the
liquidation in the legal separation, annulment, or competent court, in an ordinary case of liquidation
judicial separation of property proceedings. and distribution, and it is there where all questions
Children; Notified Personally regarding the nature of the various classes of
properties should be raised properly to determine
In a proceeding where the conjugal partnership is whether or not they are paraphernal, private
going to be liquidated, it is essential that the property of the husband, conjugal property, or
children even of prior marriages be notified subject to collation. After finishing the inventory,
personally of such proceeding. the deduction shall then be made as indicated in
Arts. 180 to 188 of the Civil Code.
Participation of Minors in Extrajudicial Partition
Art. 131. Whenever the liquidation of the conjugal
An extrajudicial partition can bind a minor as long
partnership properties of two or more marriages
as he is duly represented. The representative must
contracted by the same person before the
be a judicial guardian, or the father, or in his
effectivity of this Code is carried out
absence, the mother, who are by law the guardians
simultaneously, the respective capital, fruits and
of the children under the Civil Code.
income of each partnership shall be determined
upon such proof as may be considered according
to the rules of evidence. In case of doubt as to
which partnership the existing properties belong,
the same shall be divided between the different
partnerships in proportion to the capital and
Oral Extra-judicial Partition May Be Valid duration of each. (189a)
The Rules of Court provides that the extra-judicial Art. 132. The Rules of Court on the administration
partition must be made in a public instrument fi led of estates of deceased persons shall be observed
in the office of the register of deeds, but it has
in the appraisal and sale of property of the
conjugal partnership, and other matters which are
not expressly determined in this Chapter. (187a)
Art. 133. From the common mass of property
support shall be given to the surviving spouse and
to the children during the liquidation of the
inventoried property and until what belongs to
them is delivered; but from this shall be deducted
that amount received for support which exceeds
the fruits or rents pertaining to them.